These general conditions of use, hereafter referred to as “TOU”, are contracted between:
- The website operator, hereafter referred to as “the Publisher”,
- All persons wishing to access the site and its services, hereafter is called “the User”.
Article 1 – Principles
The objective of these TOU is to provide a legal framework for the use and services of the www.smarthomeswiss.com site.
The website www.smarthomeswiss.com is a service of:
The TOU must be accepted by all User, and their access to the site constitutes acceptance of these conditions.
Article 2 – Evolution and duration of the TOU
The present TOU are concluded for an indefinite period. The contract is effective for the User from the start of the use of the service.
The www.smarthomeswiss.com site reserves the right to modify the clauses of these TOU at any time and without justification.
Article 3 – Access to the site
Any User with access to the Internet can access the site free of charge from anywhere www.smarthomeswiss.com. The costs paid by the User to access it (internet connection, computer equipment, etc.) are not the Publishers’ responsibility.
The site and its various services may be interrupted or suspended by the Publisher, in particular for maintenance purposes, without obligation of notice or justification.
Article 4 – Responsibilities
The Publisher cannot be held responsible in the event of failure, breakdown, difficulty or interruption in operation, preventing access to the site or to one of its functions.
The equipment used to connect to the site is under the full responsibility of the User who must take all appropriate measures to protect the equipment and data, in particular from viral attacks via the Internet. The User is also solely responsible for the sites and data he/she consults.
The Publisher shall not be liable in the event of legal proceedings against the User:
- As a result of the use of the site or any service accessible via the Internet;
- Due to the User’s failure to comply with these TOU.
The Publisher is not responsible for any damage caused to the User, third parties and/or to the User’s equipment as a result of his/her connection or use of the site and the User waives any action against the Editor thereby.
In the event that the Publisher is the subject of legal or amicable proceedings as a result of the User’s use of the Site, the Publisher shall be entitled to recover from the User all damages, sums, awards and costs arising from such proceedings.
Article 5 – Intellectual property
The Publisher makes no warranty as to the accuracy, correctness, currency, reliability or completeness of the information on this site. Furthermore, all technical documents, products, photographs, texts, logos, drawings, videos, etc., are subject to copyright and are protected by the Intellectual Property Code. When they are given to our customers, they remain the exclusive property of Smart Home SA, the sole holder of the intellectual property rights to these documents, which must be returned to it at its request.
Our customers undertake not to make any use of these documents which might infringe the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party, unless authorization is given by the Publisher
Article 6 – Hypertext Links
The establishment by the User of any hypertext links to all or part of the site is strictly forbidden, except with the prior written authorization of the Publisher, requested by email at the following address: firstname.lastname@example.org
The Publisher is free to refuse such authorization without having to justify its decision in any way. Should the Publisher grants its authorization, this is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the Publisher to provide justification.
In all cases, any link must be removed at the Publisher’s request.
Any information accessible via a link to other sites is not under the control of the Publisher, who declines all responsibility for their content.
Article 7 – Protection of personal data
Use of personal data
In accordance with Article 13 of the Swiss Federal Constitution and the data protection regulations of the federal government (Data Protection Act, DPA), each person has the right to protection of his/her private sphere and to protection against misuse of his/her private data.
Personal data is strictly confidentially and will not be sold or distributed to third parties. The personal data collected from Users is used to provide and improve the website services and to maintain a secure environment.
Users’ contact details (e-mail address, telephone number, etc.) may be stored in a database for the purpose of subscribing to the Publisher’s newsletters or commercial offers and may be used by the Publisher at any time to contact the User if requested.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Enforcement of User’s rights
In application of the regulations applicable to personal data, the User has the following rights, which can exercised by making a request to the following address: email@example.com :
- The right of access: he/she can exercise his/her right of access, to know the personal data concerning him/her. In this case, before exercising this right, the Publisher may request proof of the User’s identity in order to verify its accuracy.
- The right of rectification: if the personal data held by the Publisher are inaccurate, it may be requested that the information be updated.
- The right to delete data: the User may request the deletion of his/her personal data, in accordance with applicable data protection laws.
- The right to restrict processing: the User may ask the Publisher to restrict the processing of personal data in accordance with the provisions of the GDPR.
- The right to object to the processing of data: the User may object to their data being processed in accordance with the assumptions set out in the GDPR.
- The right to portability: he/she can request that the Publisher give him/her the personal data provided to him for transmission to a new website.
Evolution of this clause
The Publisher reserves the right to make changes to this clause on the protection of personal data at any time. If a modification is made to this personal data protection clause, the Publisher undertakes to publish the new version on its website. The Publisher will also inform the User of the modification by e-mail, within a minimum period of 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he/she has the option to delete his/her account.
Article 8 – Cookies
The www.smarthomeswiss.com website may automatically collect standard information. Any information collected indirectly will only be used to monitor the volume, type and pattern of traffic using this site, to develop the design and layout and for other administrative and planning purposes and more generally to improve the service that the Publisher provides to the User.
Article 9 – Applicable law
These Terms are subject to the application of Swiss law. If the parties are unable to resolve a dispute amicably, the dispute shall be submitted to the jurisdiction of the Swiss courts.