1. Presentation of the site.
By virtue of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the site are informed that http://www.smartwag.com/ the identity of the various parties involved in its implementation and follow-up:
Owner ELEGANT - Sole proprietorship registered in the Bas-Valais trade register under number CHE-157.391.968 - Rue Principale 25, Sembrancher, Switzerland
Publication manager : firstname.lastname@example.org
The person responsible for publication is a natural person or a legal entity.
Webmaster : email@example.com
Hébergeur : Infomaniak – Rue Eugène-Marziano 25, 1227 Genève, Suisse
2. General conditions of use of the site and the services offered.
L’utilisation du site http://www.smartwag.com/ implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, the users of the site http://www.smartwag.com/ are therefore invited to consult them on a regular basis.
This site is normally accessible to users at all times. However, ELEGANT may decide to interrupt it for technical maintenance, in which case ELEGANT will endeavour to inform users in advance of the dates and times of the intervention.
The website http://www.smartwag.com/ is regularly updated by the Webmaster. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
3. Description of the services provided.
The website http://www.smartwag.com/ is intended to provide information concerning all of the company's activities.
ELEGANT endeavours to provide on the site http://www.smartwag.com/ information as accurate as possible. However, it may not be held responsible for omissions, inaccuracies and shortcomings in the updating, whether caused by itself or by the third party partners who provide it with this information.
All the information indicated on the site http://www.smartwag.com/ are given for information purposes only and are subject to change. Furthermore, the information on the site http://www.smartwag.com/ are not exhaustive. They are subject to changes that have been made since they were put online.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a latest-generation, up-to-date browser.
5. Intellectual property and counterfeiting.
ELEGANT is the owner of the intellectual property rights or holds the rights to use all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds and software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of : ELEGANT.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
ELEGANT cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the http://www.smartwag.com/ website, 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.
ELEGANT shall also not be liable for any indirect damages (such as loss of business or loss of opportunity) arising out of the use of the site. http://www.smartwag.com/.
Interactive spaces (possibility to ask questions in the contact area) are available to users. ELEGANT reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, ELEGANT also reserves the right to hold the user liable under civil and/or criminal law, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).
7. Management of personal data.
According to the Federal Data Protection Act, personal data is "all information relating to an identified or identifiable person" (art. 3. LPD) By data processing is meant "the collection, storage, use, modification, communication, archiving or destruction of data" (art. 3 LPD) In Switzerland, any operation in relation to personal data is subject to the LPD: the data must be processed for the purpose for which it was collected, it must be destroyed once processing has been carried out, the person must have been informed of the purpose of the processing and have consented to it. The accuracy of the data and their security must be guaranteed. The right of access to the data must be guaranteed to the data subject. The Federal Data Protection Act is currently being revised to keep pace with technological and social developments. It is in line with the European data protection reform in order to align itself with the level of protection guaranteed by the new European regulations. The Federal Data Protection and Information Commissioner (FDPIC) has an information and advisory role.
At the European level, the new General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. All companies in the world that process personal data of European citizens are affected by compliance with the Regulation. Switzerland is not directly legally affected by this new legislation and is not obliged to transpose the Regulation into its domestic law, but remains subject to it as a third country. The aim of the RGDP is to strengthen the control of European citizens over the use of their personal data and to unify the regulation for companies. With regard to the transfer of personal data between Switzerland and the USA, the Swiss-US Privacy Shield provides a framework for American companies doing business with Switzerland. It has been in force since April 2017. In Switzerland, there is no "legal ownership of data" because you can only own things and data is not considered as such. There is also no right of ownership over databases, as there is in other countries.
On the occasion of the use of the site http://www.smartwag.com/may be collected: the URL of the links through which the user has accessed the site http://www.smartwag.com/the user's access provider, the user's Internet Protocol (IP) address.
In any event, ELEGANT only collects personal information relating to the user for the purposes of certain services offered by the site. http://www.smartwag.com/. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the site http://www.smartwag.com/ whether or not there is an obligation to provide this information.
No personal information of the user of the site http://www.smartwag.com/ is published without the user's knowledge, exchanged, transferred, ceded or sold in any medium whatsoever to third parties. Only if ELEGANT and its rights were to be bought back would it be possible to pass on this information to the potential buyer, who would in turn be bound by the same obligation to keep and modify the data with regard to the user of the site. http://www.smartwag.com/.
8. Hypertext links and cookies.
The website http://www.smartwag.com/ contains a certain number of hypertext links to other sites, set up with the authorisation of ELEGANT. However, ELEGANT is not able to verify the content of the sites thus visited, and therefore assumes no responsibility for them.
Navigation on the site http://www.smartwag.com/ is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site, and is also intended to enable various measures of frequentation to be taken.
Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his or her computer in the following way to refuse the installation of cookies:
Under Internet Explorer: tool tab (gear icon in the top right-hand corner) / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok.
Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally uncheck it to disable cookies.
Under Safari: Click on the menu pictogram (symbolised by a cog) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Content settings. In the "Cookies" section, you can block cookies.
Under Chrome: Click on the menu pictogram (symbolised by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on Show Advanced Settings. In the "Privacy" section, click on Preferences. In the "Confidentiality" tab, you can block cookies.
9. Applicable law and jurisdiction.
Any dispute relating to the use of the site http://www.smartwag.com/ is subject to Swiss law. Exclusive jurisdiction is given to the competent courts of Geneva.
User: Internet user logging on, using the aforementioned site.
Personal information: "information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law no. 78-17 of 6 January 1978).