Terms and Conditions

Index

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Definitions

Client: any professional, capable natural person or legal entity, who visits the Site subject to these terms and conditions.
Services: emgsa.ch makes available to Clients:

Content: All the elements constituting the information present on the Site, notably texts – images – videos.

Client information: Hereinafter referred to as "Information(s)" which corresponds to all personal data that may be held by emgsa.ch for account management, customer relationship management, and for analysis and statistical purposes.

User: Internet user connecting to, using the aforementioned site.

Personal information: Information that enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies.

1. Presentation of the website.

Owner: EMG SA – Limited company headquartered at: Chemin des Papillons, 4 1216 Cointrin
Responsible: Valentin C. – contact@comparea.ch - (+41) 022 566 16 49
The person responsible is a natural person.
Webmaster: Valentin C. – contact@comparea.ch - (+41) 022 566 16 49
Host (Home/site pages): PlanetHoster – 4416 Rue Louis-B.-Mayer QC H7P 0G1 Laval, Canada +41 31 528 01 41
Host (Insurance comparators): Vercel Inc. San Francisco, U.S. - https://vercel.com/contact
Data Protection Officer: Valentin C. – contact@comparea.ch - (+41) 022 566 16 49

2. General terms of use of the site and 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, assign, or exploit for its own account all or part of the elements or works of the Site.

The use of the site emgsa.ch implies full and complete acceptance of the terms of use described below. These terms of use are subject to change or additions at any time, so users of the site emgsa.ch 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 emgsa.ch, which will then endeavor to communicate to users beforehand the dates and times of the intervention. The website emgsa.ch is regularly updated by emgsa.ch responsible. Similarly, the legal notices may be modified at any time: they nevertheless apply to the user who is invited to refer to them as often as possible in order to take note of them.

3. Description of services provided.

The website emgsa.ch aims to provide information concerning all the company's activities. emgsa.ch strives to provide on the site emgsa.ch information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updating, whether by its own doing or due to third party partners who provide it with this information.

All information indicated on the site emgsa.ch is given as an indication, and is subject to change. Furthermore, the information appearing on the site emgsa.ch is not exhaustive. It is provided subject to modifications having 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 damage linked to the use of the site. In addition, the site user agrees to access the site using recent equipment, not containing any viruses and with an up-to-date browser. The site emgsa.ch is hosted by the provider Vercel Inc. located in San Francisco, U.S.

The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the possibility of interrupting the hosting service for the shortest possible periods, notably for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services and Benefits generate traffic deemed abnormal.

emgsa.ch and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment linked in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

emgsa.ch is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, notably texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with prior written authorization from: emgsa.ch.

Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted.

6. Limitations of liability.

emgsa.ch acts as the publisher of the site. emgsa.ch is responsible for the quality and truthfulness of the Content it publishes.

emgsa.ch cannot be held responsible for direct and indirect damage caused to the user's equipment, when accessing the website emgsa.ch, and 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.

emgsa.ch cannot also be held responsible for indirect damages (such as a loss of market or loss of opportunity) resulting from the use of the site emgsa.ch. Interactive spaces (possibility to ask questions in the contact space) are available to users. emgsa.ch reserves the right to remove, without prior formal notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, emgsa.ch also reserves the possibility of questioning the civil and/or criminal liability of the user, particularly in the event of a message that is racist, insulting, defamatory, or pornographic, regardless of the medium used (text, photographs, etc.).

7. Management of personal data.

7.1 Personal data collection managers

For Personal Data collected in the context of creating the User's personal account and their navigation on the Site, the Personal Data controller is: EMG SA. emgsa.ch is represented by Lucas ESTRELLA, its legal representative.

As the controller of the data it collects, emgsa.ch undertakes to respect the framework of the legal provisions in force. It is particularly incumbent upon the Client to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consent, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever emgsa.ch processes Personal Data, emgsa.ch takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which emgsa.ch processes it.

7.2 Purpose of the data collected

emgsa.ch is likely to process all or part of the data:

to enable navigation on the Site and the management and traceability of services and benefits ordered by the user: connection and site usage data, billing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hashed)
to improve navigation on the Site: connection and usage data
to conduct optional satisfaction surveys on emgsa.ch: email address
to conduct communication campaigns (sms, email): phone number, email address

emgsa.ch does not market your personal data which is therefore only used out of necessity or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

As soon as emgsa.ch becomes aware of the death of a User and in the absence of instructions from them, emgsa.ch undertakes to destroy their data, unless their retention proves necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how emgsa.ch uses their Personal Data, request to rectify it or object to its processing, the User can contact emgsa.ch in writing at the following address:

EMG SA – DPO, Valentin C.
Chemin des Papillons, 4 1216 Cointrin.

In this case, the User must indicate the Personal Data that they would like emgsa.ch to correct, update or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport).

7.4 Non-communication of personal data

emgsa.ch prohibits itself from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as "inadequate" by the European Commission without informing the client in advance. However, emgsa.ch remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the European General Data Protection Regulation (GDPR).

emgsa.ch undertakes to take all necessary precautions to preserve the security of the Information and in particular that they are not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client's Information is brought to the attention of emgsa.ch, the latter shall promptly inform the Client and communicate the corrective measures taken. Furthermore emgsa.ch does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of emgsa.ch and subcontractors (service providers), exclusively for the purpose of achieving the purposes of this policy.

Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of emgsa.ch Users are mainly the agents of our customer service.

8. Incident notification

Whatever the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot consequently guarantee absolute security. If we became aware of a security breach, we would warn the users concerned so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether they are at the national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and 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 emgsa.ch is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the acquisition of emgsa.ch and its rights would allow the transmission of said information to the prospective purchaser who would in turn be bound by the same obligation to store and modify the data with respect to the user of the site emgsa.ch.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, emgsa.ch uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, emgsa.ch takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links, "cookies" and internet tags

The site emgsa.ch contains a number of hypertext links to other sites, set up with the authorization of emgsa.ch. However, emgsa.ch does not have the possibility to check the contents of the sites thus visited, and will therefore assume no responsibility for this fact.

Unless you decide to disable cookies, you agree that the site may use them. You can at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility 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 risk in any way damaging the User's terminal.

emgsa.ch is likely to process the User's information concerning their visit to the Site, such as the pages consulted, the searches carried out. This information enables emgsa.ch to improve the content of the Site and the User's navigation.

As Cookies facilitate navigation and/or the provision of the services offered by the Site, the User can configure their browser to allow 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, either systematically or according to their issuer. The User can also configure their browsing software so that the acceptance or rejection of Cookies is offered to them from time to time, before a Cookie is likely to be stored in their terminal. emgsa.ch informs the User that, in this case, not all the functionalities of their browsing software may be available.

If the User refuses to store Cookies in their terminal or browser, or if the User deletes those that are stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when emgsa.ch or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.

If applicable, emgsa.ch declines all responsibility for the consequences linked to the degraded functioning of the Site and any services possibly offered by emgsa.ch, resulting (i) from the refusal of Cookies by the User (ii) the impossibility for emgsa.ch to record or consult the Cookies necessary for their operation due to the choice of the User. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes regarding Cookies. emgsa.ch may also call upon the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Site of emgsa.ch or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or the mobile application of emgsa.ch, Twitter, Facebook, Linkedin and Google Plus can also place cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only placed on your terminals if you consent to it, by continuing your navigation on the Website or the mobile application of emgsa.ch. At any time, the User can nevertheless reconsider their consent for emgsa.ch to deposit this type of cookies.

Article 9.2. INTERNET TAGS

emgsa.ch may occasionally use Internet beacons (also called "tags", or action beacons, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.

These beacons are placed both in online advertisements enabling Internet users to access the Site, and on the various pages of the latter.

This technology enables emgsa.ch to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may collect information about visitors to the Site and other websites using these beacons, compile reports on the activity of the Site for the attention of emgsa.ch, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute in connection with the use of the site emgsa.ch is subject to Swiss law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Geneva