Client: any professional or capable physical person under the terms of the Swiss Civil Code (RS 210), or corporation, who visits the Site, object of these general conditions.
Features and Services: https://www.zesta.ch/ makes available to Customers: creation of fine solid silver jewelry with original and personal designs
The conditions of attribution to the Clients of the Features and Services are subject to changes to be agreed between the parties. In this case, the Client will be informed according to the terms of the new conditions and their date of implementation.
The Features and Services subject of the present terms of CGV and corresponding to the Site may be added specific Features and Services. These services are then the subject of a specific contract between Soul Flyers and the Client.
Content: All the constituent elements of the information present on the Site, in particular texts — images — videos.
Customer information: Hereinafter referred to as « Information (s) » which correspond to all personal data that may be held by https://www.zesta.ch/ for the management of your account, the customer relationship management and for the purpose of analyzes and statistics.
User: Internet user connecting, using the aforementioned site.
Personal information: « Information that allows, in any form whatsoever, directly or indirectly, the identification of the physical persons to which they apply »
The terms « personal data », « data subject », « subcontractor » and « sensitive data » have the meaning as defined by the General Data Protection Regulation (GDPR: No. 2016-679)
- Presentation of the website
Owner: Zesta – Antipodes SARL – Rue de la Printanière 40 – 1293 Bellevue, Switzerland, registered at the Commercial Registry of Geneva, Switzerland
Publication Manager: Zesta — firstname.lastname@example.org
Webmaster: https://www.internetdiffusion.com — email@example.com
Host: web-hosting.ch / Tizoo Sàrl — La Marnière 29 2068 Hauterive 032 510 48 33
Data Protection Officer: Zesta — firstname.lastname@example.org
- General conditions of use of the site and services offered
The Site constitutes a work of the mind protected by the provisions of the Code of the Intellectual Property and the applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site.
The use of the site https://www.zesta.ch/ implies full acceptance of the terms and conditions described below. These conditions of use may be modified or supplemented at any time, users of the site https://www.zesta.ch/ are invited to consult them regularly.
This website is normally accessible to users at any time. An interruption due to technical maintenance can however be decided by https://www.zesta.ch/, which will then attempt to communicate to users before the dates and times of the intervention. The website https://www.zesta.ch/ is updated regularly by https://www.zesta.ch/. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user who is invited to refer to it as often as possible in order to become acquainted with it.
- Description of services provided
The website https://www.zesta.ch/ is intended to provide information on all activities of the company. http: //www.soulflyers.com/ strives to provide on the site http: //www.soulflyers.com/ information as accurate as possible. However, he cannot be held responsible for oversights, inaccuracies and deficiencies in the update, whether by him or the third parties partners who provide this information.
All the information indicated on the site https://www.zesta.ch/ are given for information, and are likely to evolve. Furthermore, the information on the site https://www.zesta.ch/ are not exhaustive. They are given subject to modifications having been made since they went online.
- Contractual limitations on the data
The goal is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance purposes, to improve its infrastructures, failure of its infrastructure or if the Features and Services generate a traffic deemed abnormal.
https://www.zesta.ch/ and the host cannot be held responsible in case of malfunction of the Internet, telephone lines or hardware and telephony related to the congestion of the network preventing access to the server.
- Intellectual property and piracy
https://www.zesta.ch/ owns the intellectual property rights and has the rights to use all the elements available on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited without the prior written authorization of: https://www.zesta.ch/.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Article 231.1 following Switzerland’s private law and other International laws.
- Limitations of liability
https://www.zesta.ch/ cannot be held responsible for direct or indirect damage to the user’s equipment, when accessing the website https://www.zesta.ch/, and resulting either from the use of equipment that does not meet the specifications specified in point 4, or from the appearance of a bug or incompatibility.
https://www.zesta.ch/ cannot be held responsible for consequential damages (such as for example a loss of market or loss of a chance) resulting from the use of the site http: //www.soulflyers.com/. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.zesta.ch/ reserves the right to remove, without prior notice, any content posted in this space that would violate the applicable law in Switzerland, especially the provisions on data protection. Where applicable, https://www.zesta.ch/ also reserves the right to question the user’s civil and/or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, photography …).
- Management of personal data
The Client is informed of the regulations concerning marketing communication, the Federal Data Protection Act (235.1) of 21 June 2014 and the General Data Protection Regulation (GDPR: 2016-679).
7.1 Responsibility for the collection of personal data
For Personal Data collected as part of the creation of the user’s personal account and its navigation on the Site the person responsible for the processing of Personal Data is: Antipodes SARL https://www.zesta.ch/ which is represented by Antipodes SARL, its legal representative.
As responsible for the data processing it collects, https://www.zesta.ch/ is committed to respecting the framework of the legal provisions in force. It is his responsibility, among other things, to establish the purposes of his data processing, to provide to his prospects and customers, from the collection of their consents, complete information on the processing of their personal data and maintain a record of usage conform to reality.
Whenever https://www.zesta.ch/ processes Personal Data, https://www.zesta.ch/ takes all reasonable steps to ensure the accuracy and appropriateness of the Personal Data with regard to the purposes for which https://www.zesta.ch/ deals with them.
7.2 Purpose of the data collected
https://www.zesta.ch/ is likely to process all or part of the data:
to enable navigation on the Site and the management and traceability of features and services ordered by the user: login and use of the Site, invoicing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking …): computer hardware used for navigation, IP address, password (hash)
to improve the navigation on the Site: connection and usage data
to conduct optional satisfaction surveys on https://www.zesta.ch/: email address
to carry out communication campaigns (sms, mail): phone number, email address
https://www.zesta.ch/ does not market your personal data which are therefore only used by necessity or for statistical purposes and analyzes.
7.3 Right of access, rectification and opposition
In accordance with the European regulations in force, Users of https://www.zesta.ch/ have the following rights:
right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completion of User data right of locking or erasing of Personal Users’ data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or conservation is prohibited
right to withdraw consent at any time (article 13-2c GDPR)
right to limit the processing of User data (Article 18 GDPR)
right to oppose the processing of User data (Article 21 GDPR)
right to the portability of the data that the Users will have provided, when this data is the subject of automated processing based on their consent or on a contract (article 20 GDPR)
right to define the fate of the data of the Users after their death and to choose to whom https://www.zesta.ch/ will have to communicate (or not) its data to a third which they will have previously designated
As soon as https://www.zesta.ch/ is aware of the death of a User and in the absence of instructions from him, https://www.zesta.ch/ agrees to destroy his data, unless their retention is necessary for probative purposes or to fulfill a legal obligation.
If the User wishes to know how https://www.zesta.ch/ uses his Personal Data, he may:
— consult them or oppose their treatment by deleting them and this automatically by following the procedure available at this address: https://www.zesta.ch/acces-donnees
— ask to modify his data by contacting https://www.zesta.ch/ by means of this form or in writing to the following address:
Rue de la Printanière 40
1293 Bellevue, Suisse
In this case, the User must indicate the Personal Data that he would like to be corrected, updated or deleted by https://www.zesta.ch/ by identifying himself precisely with a copy of an identity document. (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.zesta.ch/ by law, particularly with regard to the preservation or archiving of documents.
7.4 Non-disclosure of personal data
https://www.zesta.ch/ refrains from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as « unsuitable » by the European Commission without informing previously the client. However, https://www.zesta.ch/ remains free from the choice of its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.zesta.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 affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.zesta.ch/, it shall promptly inform the Customer and communicate to him the corrections made. Moreover https://www.zesta.ch/ does not collect any « sensitive data ».
The Personal Data of the User may be processed by subsidiaries of https://www.zesta.ch/ and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the principal persons likely to have access to the data of the Users of https://www.zesta.ch/ are mainly the agents of our customer service.
7.5 Types of data collected
Regarding the users of the site https://www.zesta.ch/, we collect the following data when making contact through the form which are essential to the operation of the service, and which will be kept for a maximum period of 36 months:
Name, Last Name, Company, Address, Phone, E-mail, Website.
- Incident Notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at the international or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them meet their own regulatory reporting requirements.
No personal information of the user of the site https://www.zesta.ch/ is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to others. Only the assumption of the purchase of https://www.zesta.ch/ and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data to the user of the site https://www.zesta.ch/.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.zesta.ch/ uses networks protected by standard devices such as firewall, pseudonymization, encryption and word password.
When processing Personal Data, https://www.zesta.ch/ takes all reasonable steps to protect against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
- Hypertext links « cookies » and Internet “tags”
The site https://www.zesta.ch/ contains a number of hypertext links to other sites, set up with the permission of https://www.zesta.ch/. However, https://www.zesta.ch/ does not have the possibility to check the contents of the sites thus visited, and will therefore assume no liability for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You may 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 in the User’s terminal (eg 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, and the date and time of access. The Cookies do not risk in any case to damage the terminal of the User.
https://www.zesta.ch/ is likely to process the information of the User concerning his visit to the Site, such as the pages consulted, searches carried out. This information allows https://www.zesta.ch/ to improve the content of the Site, the navigation of the User.
Cookies facilitate the navigation and/or the provision of the services offered by the Site, the User can configure his browser to enable him to decide whether or not he wishes to accept them so that Cookies are registered in the website/terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser so that the acceptance or rejection of Cookies are proposed to him punctually, before a Cookie is likely to be registered in his terminal. https://www.zesta.ch/ informs the user that, in this case, it may be that the functionality of its browser software is not all available.
If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when https://www.zesta.ch/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language settings and display or the country from which the terminal appears to be connected to the Internet.
If applicable, https://www.zesta.ch/ declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by https://www.zesta.ch/, resulting (i) from the refusal of Cookies by the User (ii) the impossibility for https://www.zesta.ch/ to register or to consult the Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.
At any time, the User can make the choice to express and modify his wishes regarding Cookies. https://www.zesta.ch/ may also use the services of external providers to help 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 https://www.zesta.ch/ or in its mobile application and if the user has accepted the deposit of cookies by continuing to browse the Website or the mobile application of https://www.zesta.ch/, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your devices if you consent to them, by continuing your navigation on the Website or the mobile application of https://www.zesta.ch/. At any time, the User may nevertheless reconsider his consent that https://www.zesta.ch/ deposit this type of cookies.
9.2 INTERNET “TAGS”
https://www.zesta.ch/ may occasionally use Internet tags (also known as “tags”, or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore storing the relevant information, including the user’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing users to access the Site, and on the various pages of it.
This technology allows https://www.zesta.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 provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site’s activity for https://www.zesta.ch/, and provide other services related to the use of this Site and the Internet.
- Applicable law and attribution of jurisdiction
Any dispute in connection with the use of the site https://www.zesta.ch/ is subject to Swiss law. Except in cases where the law does not permit, exclusive jurisdiction is conferred on the competent courts of Geneva.
Respect for Privacy
Rue de la Printanière 40
1293 Bellevue, Switzerland