Legal Notice
•Client:
Any professional or individual capable under Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these terms and conditions.
• Services:
• User:
Any internet user connecting to and using the aforementioned site.
• Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978). • The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1:Presentation of the Website
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy, users of the website https://swissof-agency.com/ are informed of the identity of the various parties involved in its creation and monitoring: • Owner: Swissof Agency – Headquarters: Geneva, Switzerland
• Publication Manager: Émile Frei – swissofagency@gmail.com • Host: WordPress.com, Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA
2: General Terms of Use for the Site and the Services Offered
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site. The use of the site https://swissof-agency.com/ implies full acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, so users of the site https://swissof-agency.com/ are invited to consult them regularly. This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://swissof-agency.com/, who will then endeavor to communicate to users beforehand the dates and times of the intervention. The website https://swissof-agency.com/ is updated regularly by Swissof Agency. Similarly, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible to be aware of any changes.
3:Description of Services Provided
The website https://swissof-agency.com/ aims to provide information concerning all the activities of the company. Swissof Agency strives to provide information on the site https://swissof-agency.com/ that is as accurate as possible.
However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by itself or by third-party partners who provide this information. All the information indicated on the site https://swissof-agency.com/ is provided for information purposes only and is subject to change. Furthermore, the information on the site https://swissof-agency.com/ is not exhaustive. It is given subject to modifications that have been made since they were put online.
4:Contractual Limitations on Technical Data
The site uses JavaScript technology. The website cannot be held responsible for material damages related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free from viruses, and with an updated, latest-generation browser. The site https://swissof-agency.com/ is hosted by WordPress.com, Automattic Inc., a service provider located in the United States, in compliance with the General Data Protection Regulation (GDPR: No. 2016-679).
The aim is to provide a service that ensures the highest level of accessibility. The hosting provider ensures continuity of service 24 hours a day, every day of the year. However, they reserve the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance, infrastructure improvement, infrastructure failure, or if the Services generate abnormal traffic. Swissof Agency and the host cannot be held responsible for network malfunctions, telephone line issues, or hardware and telephony-related problems, especially those caused by network congestion, which may prevent access to the server.
5:Intellectual Property and Infringements
Swissof Agency owns the intellectual property rights and holds the usage rights on all elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited.
unless prior written permission is obtained from Swissof Agency. Any unauthorized use of the site or any of the elements it contains will be considered as constitutive of an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6:Limitation of Liability
Swissof Agency acts as the publisher of the site https://swissof-agency.com/. Swissof Agency is responsible for the quality and accuracy of the Content it publishes. Swissof Agency cannot be held responsible for direct and indirect damages caused to the user’s equipment when accessing the website https://swissof-agency.com/, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Swissof Agency cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://swissof-agency.com/. Interactive spaces (possibility to ask questions in the contact area) are available to users. Swissof Agency reserves the right to delete, without prior notice, any content posted in this space that violates applicable law in Switzerland, particularly data protection regulations. Where applicable, Swissof Agency also reserves the right to hold the user civilly and/or criminally liable, particularly in cases of racist, abusive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).
7:Management of Personal Data
The Client is informed of the regulations concerning marketing communication, the Swiss Federal Data Protection Act (LPD), and the General Data Protection Regulation (GDPR: No. 2016-679).
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7.1 Data Collection Responsibility For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the data controller is Swissof Agency. As the data controller of the data it collects, Swissof Agency undertakes to respect the legal framework in force. It is particularly incumbent on it to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents, with full information on the processing of their personal data, and to maintain a record of processing activities that is consistent with reality. Each time Swissof Agency processes Personal Data, Swissof Agency takes all reasonable steps to ensure the accuracy and relevance of the Personal Data concerning the purposes for which Swissof Agency processes them.
7.2 Purpose of Data Collected Swissof Agency may process all or part of the data: • To enable navigation on the Site and the management and traceability of the services and products ordered by the user: connection and usage data of the Site, billing, order history, etc. • To prevent and combat computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed) • To improve browsing on the Site: connection and usage data • To conduct optional satisfaction surveys on https://swissof-agency.com/: email address • To carry out communication campaigns (SMS, email): phone number, email address Swissof Agency does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
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7.5 Incident Notification Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our clients of all security issues related to their accounts and to providing them with all the information necessary to help them meet their own regulatory reporting obligations. No personal information of the user of the site https://swissof-agency.com/ is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the hypothesis of the sale of https://swissof-agency.com/ and its rights would allow the transmission of the said information to the potential buyer who would, in turn, be held to the same obligation of conservation and modification of the data vis-à-vis the user of the site https://swissof-agency.com/.
8:Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, https://swissof-agency.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords. During the processing of Personal Data, https://swissof-agency.com/ takes all reasonable steps to protect them from any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9:Hypertext Links “Cookies” and Internet Tags
The site https://swissof-agency.com/ contains a certain number of hypertext links to other sites, set up with the authorization of https://swissof-agency.com/. However, https://swissof-agency.com/ does not have the possibility to check the content of the sites thus visited, and will not assume any responsibility for this fact. Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time, free of charge, from the deactivation options available to you and mentioned below, knowing that this may reduce or prevent access to all or part of the Services offered by the site. 9.1 “COOKIES” A “cookie” is a small information file sent to the User’s browser and stored within the User’s terminal (e.g., computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies do not in any way damage the User’s terminal. https://swissof-agency.com/ is likely to process the User’s information regarding their visit to the Site, such as the pages viewed and searches conducted. This information allows https://swissof-agency.com/ to improve the content of the Site and the User’s browsing experience. Cookies that facilitate navigation and/or the provision of services offered by the Site, the User can configure their browser so that it allows them to decide whether or not they wish to accept them, so that Cookies are stored in the terminal or, on the contrary, that they are rejected.
10:Applicable Law and Jurisdiction
Any dispute related to the use of the site https://swissof-agency.com/ is subject to Swiss law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Switzerland. You can now include this segment with the rest of the legal text for your developer.