GENERAL TERMS AND CONDITIONS
OBJECT
These terms and conditions govern the use of the www.visionglobale.ch website and are subject to Swiss law.
The publisher and owner of this site, designated as such in the provisions that follow, is Vision Globale Conseils et Gestion en Assurances et Prévoyance SA, Chemin de la Gravière 6, Case postale1210, 1211 Geneva 26.
USE
These general terms and conditions apply to the entirety of the www.visionglobale.ch website, as well as its subdomains, in relation to all products and services offered therein. The user agrees to be bound by the general terms and conditions in their entirety during their use of the site. If the user does not intend to be bound by them, they are required to leave the site immediately.
The general terms and conditions may be modified at any time by the owner at its sole discretion. It is the responsibility of the user to check for updates whenever they visit the www.visionglobale.ch website.
The www.visionglobale.ch site may contain hypertext links to other websites. The user shall visit any such website at their sole and full responsibility. The owner cannot be held responsible for the content of such third-party websites, and in particular in the event that any user, as a result, incurs any loss or damage.
Anything downloaded by a user through their use of this website is subject to a related risk. The original integrity of downloadable items on the website is validated by the owner; however, the latter cannot guarantee that any such items remain free from potential corruption long-term, and declines any liability for any damage or data loss suffered by the user due to this fact.
The owner reserves the right, at any time and without notice, to discontinue temporarily or permanently any part of the site, and such interruption shall not give rise to any claim for compensation or appeal on the part of any user or third party.
INTELLECTUAL PROPERTY
The owner is fully entitled to all intellectual property rights in relation to the written content of the www.visionglobale.ch website. Any content reproduced on the site is protected by copyright and/or intellectual property rights and is the exclusive property of the owner, its partners, or any rights holders who have contributed to the final content.
Therefore, any reproduction, representation, adaptation, modification, translation, transformation, dissemination, integration into another website, commercial exploitation and / or re-use in any way whatsoever of the content is strictly prohibited without the prior written consent of the owner.
Consultation or use of the website does not entitle the user with any intellectual property or other right over any item reproduced on the site. Any use contrary to the law, or to the general terms and conditions of use, may result in civil and/or criminal prosecution and liability for damages.
DATA PROTECTION
GENERAL PROVISIONS
The treatment of personal contact details collected on the www.visionglobale.ch website via its contact form has the sole objective of meeting the needs and questions of users concerning the services of the owner.
In this context, the users of the site allow the processing of such personal contact details including all operations – regardless of the means and methods used – relating to the collection, conservation, exploitation, modification, communication, archiving and/or destruction of such personal data.
If any data is to be communicated, this shall take place exclusively in compliance with the above objective, in order to allow employees and partners, whether direct or indirect, to process the user’s request. They may also be subject to treatment by online emailing services, in order to notify users about services and news – related to these services – of the owner.
These personal contact details are processed according to current Swiss legislation, particularly law RS 235.1 of 19 June 1992 (Federal Act on Data protection, FADP/LPD).
The owner acknowledges that the use of personal contact details is done so as not to damage the physical and moral integrity of the user, whether illegally and/or unwillingly.
DATA ACCURACY
The validation of the contact form by the user validates the accuracy of the information transmitted, for which they are liable.
Each user has a right of rectification and/or deletion of the information according to Art. 28, 28a and 28l of the civil code. If the inaccuracy of any personal data cannot be established, the applicant may request its contentious character to be mentioned.
The user may also request from the website owner comprehensive access to the data collected and, transformed, where this is the case, as well as requesting the legal justification for the collection of such personal contact details, and order the owner to prevent, correct or destroy any personal contact details communicated to third parties.
To this end, they shall send a signed request by registered mail to the mailing address of the owner, explicitly mentioning the matter they disagree with in order to obtain by return of mail all the data available to the owner.
The owner may refuse or restrict the disclosure of the requested information, or even postpone the granting of such information, insofar as:
- a. a law entitles them to do it;
- b. the predominant interests of a third party require it.
The owner may also refuse or restrict the communication of the information requested, or defer the granting of such information, insofar as its predominant interests require it and as long as they do not communicate such personal data to any third party. In this case, they shall be obliged to notify the user of the reason they refused to provide, or they restricted or postponed the information.
CROSS-BORDER COMMUNICATION
No personal data shall be communicated abroad if the identity of the individuals concerned were to be seriously threatened, especially because of the absence of legislation providing an adequate level of protection.
Despite the absence of legislation providing an adequate level of protection abroad, personal data may be communicated abroad, where at least one of the following conditions apply:
- a. sufficient, including contractual, guarantees ensuring an adequate level of protection abroad;
- b. the person concerned has explicitly given their consent;
- c. the treatment is directly related to the conclusion or performance of a contract and the processed data relate to the other party;
- d. communication is, in this case, essential to either the backup of an overriding public interest, or the recognition, exercise or defence of a right to justice;
- e. the communication is, specifically in this case, necessary to protect the life or bodily integrity of the person concerned;
- f. the person concerned has made their data accessible to everyone and they do not formally oppose this treatment;
- g. the communication takes place within a single company or legal entity or between legal persons or companies under a single management, insofar as the parties are subject to rules of data protection which guarantee a level of adequate protection.
The Federal Data Protection and Information Commissioner (Art. 26) must be informed of the guarantees provided referred to in para. 2, let. a, and of the rules for the protection of data referred to in para. 2, let. g. The Federal Council shall regulate the terms and conditions of the obligation to provide information.
DATA SECURITY
The owner of the site shall guarantee, within the limits of the technical and legal provisions under its responsibility, the protection of personal contact details against any unauthorised treatment and ensure the confidentiality of personal data with regard to its employees and direct partners. It shall not be held responsible in the event the security of such personal data is compromised by a malicious act or deliberately without their knowledge.
The www.visionglobale.ch website is hosted by the company Infomaniak Network SA, Avenue de la Praille, 26 -1227 Carouge – Switzerland IDE/UID & VAT No.: CHE-103.167.648. In their role as technical hosting provider of this site, their general terms & conditions shall govern the security and confidentiality of personal contact details which shall be handled by them.
PENAL PROVISIONS
See 235.1 Federal Act on Data Protection (FADP/LPD) of 19 June 1992 (as of 1 January 2004) – The Court decided on the enforcement actions related to the right of access, according to the simplified procedure provided for by the code of civil procedure of 19 December 2008. Breach of the obligation to inform, declare and collaborate:
Following a complaint, the following may be subject to a private individual fine:
- a. contravening the obligations provided for in Art. 8 to 10 and 14, by intentionally providing inaccurate or incomplete information;
- b. intentionally, failing to:
⁃ inform the person concerned, in accordance with Art. 14, para. 1,
⁃ provide them with the indications provided for in Art. 14, para. 2.
The following carried out by private individuals may be subject to a private individual fine, when taking place intentionally:
- a. failure to inform the Commissioner, in accordance with Art. 6, para. 3, to declare the files referred to in Art. 11a or the provision of inaccurate indications in their statement;
- b. provision to the Commissioner, at the phase of establishing the facts (Art. 29), of incorrect information or refusal to collaborate.