Legal Mentions | SWISS FIRST

Welcome to www.myswissfirst.ch

OPERATING CONDITIONS

Contact address

SWISS FIRST
C/O Jürg Attinger Parnter AG
Charmerstrasse 56
CH – 6300 Zoug
Switzerland                                                                                                                                                               E-Mail: Info@myswissfirst.ch

Persons with power of representation

Philippe Beucler, Nicolas Baour equally in SWISS FIRST

Legal mentions

Terms of use

  1. Acceptance and Modification of the Terms of Use

1.1 Your access and use of the websites (the “Websites”) of www.myswissfirst.ch (“SWISS FIRST”), which includes SWISS FIRST’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

Terms and conditions of use

  1. Copyright and Intellectual Property

2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of SWISS FIRST or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.

 

 

  1. Use of the Websites

3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Beucler for you GmbH.

3.2 Beucler for you GmbH neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

  1. Information Deemed Non-Confidential

4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). SWISS FIRST invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.

4.2 Any other information or material communicated to SWISS FIRST through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of SWISS FIRST and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, SWISS FIRST is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.

4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that SWISS FIRST’s use will not violate any third party’s rights. SWISS FIRST is under no obligation to use the information provided.

  1. Disclaimer of Warranties

5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

5.2 SWISS FIRST DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.

5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5.4 Any advice or information, be it oral or written, obtained from SWISS FIRST or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

  1. Limitation of Liability

6.1 You access, use, browse and navigate on our Websites at your own risk and peril.

6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER SWISS FIRST, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY SWISS FIRST), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.

6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. SWISS FIRST assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.

6.4 SWISS FIRST reserves the right to interrupt or discontinue any or all of the functionality of its Websites. SWISS FIRST accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of SWISS FIRST or any third party.

  1. Change of Information

The content of our Websites may contain inaccuracies or errors. SWISS FIRST reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

  1. Availability of Products / Services

Our Websites may contain information on SWISS FIRST’s worldwide products and services, not all of which are available in every location. A reference to a SWISS FIRST product or service on the Websites does not imply that such product or service is or will be available at your location.

  1. Links

9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by SWISS FIRST. SWISS FIRST shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.

9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of SWISS FIRST.

  1. Miscellaneous

10.1 The present Terms of Use embody the entire agreement concluded between SWISS FIRST and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by SWISS FIRST and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

10.2 The fact that SWISS FIRST tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the Swiss law shall not be construed as a waiver by it to invoke and enforce its rights.

10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and SWISS FIRST.

10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

10.5 These Terms of Use shall be governed by Swiss law.

10.6 The place of jurisdiction is the registered office of SWISS FIRST in Zug.

10.7 In the event of interpretation or dispute, only the French language version of the site shall prevail.

© SWISS FIRST all rights reserved. 05.2020

Conditions of Sales

  1. INTRODUCTION

The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with SWISS FIRST referred to as “SWISS FIRST” or “we”, “us” or “our” and having its registered office at C/O Jürg Attinger Partner, Chamerstrasse 56, CH-6300 Zug in Switzerland in a store or remotely (letter, telephone, fax, the Internet, and via the SWISS FIRST application). Before using the SWISS FIRST website and associated webpages (the “Website”) and/or placing an order, we kindly ask you to carefully review all the terms included in the present General Conditions of Sales together with the Privacy Notice and the Website Terms of Use and any additional conditions that may appear on the Website from time to time such as during promotions or campaigns.

Each order placed with SWISS FIRST or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions. Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order. All orders placed on this website can only be delivered in Switzerland or in the rest of the world.

  1. ORDERS

2.1 Registration

As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be correct and up-to-date.
Please inform SWISS FIRST of any changes in your address or other information by updating your personal details on this Website without delay, so that we can keep accurate records and deal with your request and orders.

2.2 Password and confidentiality

After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.

If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, you should notify SWISS FIRST by writing an email to the address: info@myswissfirst.ch

If SWISS FIRST knows or has reason to believe that your Credentials are indeed used by another person, SWISS FIRST shall immediately suspend the use of such account (including processing any transaction from such account).

2.3 Order process

You can place your orders:

– by internet: www.myswissfirst.ch

– from your mobile phone via application SWISS FIRST

If you wish to purchase one or more products listed on the Website, you must select each product you wish to purchase and add it to your shopping cart. When you have selected all the products you want to buy, you can confirm the contents of your basket and place the order.

At this point, you will be redirected to a page summarizing the details of the products you have selected, their price and delivery options (with the shipping costs involved). You will then have to choose the delivery options as well as the shipping and payment methods that suit you best. At the top of this page is the buy button. You must click this button to confirm and place your order.

Orders placed with SWISS FIRST are subject to minimum and maximum quantity limitations. Please find this information directly on our website: www.myswissfirst.ch under “SHOP”.

SWISS FIRST offers its Products on this Website within the limits of its available stocks.
After placing an order of Products on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.

Please never provide your debit or credit card details on letters or faxes. You will be called back to finalise the order and proceed to the payment in a secure way.

2.4 Order confirmation

Once you have submitted and confirmed your order(s), SWISS FIRST will acknowledge receipt of the order(s) by setting out details of the ordered Products.

After confirming receipt of your order(s), SWISS FIRST will check that the relevant Products are in stock. A contract for the sale of Products between you and SWISS FIRST will only be formed when SWISS FIRST confirms that all or part of the Products are still available and has sent the confirmation that the contract has been concluded.

The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed. To the extent permitted by Swiss law, SWISS FIRST is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund you the full amount in respect of the relevant Products and any delivery costs charged as soon as possible. SWISS FIRST may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which SWISS FIRST suspects are not placed in good faith.

2.5 Prices

The prices mentioned for the Products that you order are those mentioned on this website on the date you placed your order, including all turnover taxes. SWISS FIRST reserves the right to modify the prices of its Products in the future. Price changes will not apply to orders for Products confirmed by SWISS FIRST.

The prices indicated on the website are in Swiss francs. All orders are payable in Swiss francs. All prices are non-refundable. In case of cancellation please note that your purchase will not be refunded. Due to the exclusive offers and the rarity of the latter. However in case of impediment, you can always inform us at SWISS FIRST that you will not be able to come, please give us the name(s) of the person(s) who will be able to benefit from your reservation in your place, by informing us in writing at the following email address: info@myswissfirst.ch

The one and only exception to obtain a refund of your reservation will be in case of a pandemic or the quarantine or confinement of the population coming directly from the Federal Council. Only then, if your reservation is during this period and you are unable to leave your home, you will be refunded. All other refund requests will be excluded.

The prices payable for the goods you order are those which appear on this site on the date of the order, VAT included, but excluding processing and shipping costs.

SWISS FIRST reserves the right to change its prices and processing and shipping costs at any time and to cancel a contract which contains errors in wording, printing or calculation.

Important, the sales prices include a percentage for the associations listed on our website “www.myswissfirst.ch“.

2.6 Payment

Payment must be made by the method you selected at the checkout stage of your order. Payments can be made by credit card or debit card “EC”. Payment by credit card is due immediately. Your credit card details are encrypted for security reasons. The money will be transferred to the SWISS FIRST account:

Bank: Credit Suisse AG, CH-6301 Zug
BIC/SWIFT: CRESCHZZ80A
IBAN: CH94 0483 5167 7465 9100 0

The amounts of the value of the invoices to be paid is net not subject to VAT. Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event SWISS FIRST does not receive the authorisation, SWISS FIRST reserves the right to cancel your order.

In the event that your credit card cannot be charged, SWISS FIRST will place your order on hold and send you a notification that the payment could not be executed. No order will be shipped until payment is received or payment has been authorised or processed. SWISS FIRST reserves the right to refuse any new order until full payment of any overdue balance. Invoices are sent after delivery of the Products and are fully payable within thirty (30) days. Recurring orders will be billed on the day of shipment.

In the event payment of an invoice is not made within thirty (30) days, SWISS FIRST reserves the right to charge you administrative collection costs, as well as interest on the outstanding balance. The amount of the invoice as well as the interest and administrative collection costs can be transferred to an external collection agency. You will also be required to reimburse the collection costs of this agency, in addition to the outstanding balance with SWISS FIRST.

Despite our best efforts, a small number of products in our catalogue may display a price error. We will check the price at the time of processing your order and before any payment. If it turns out that we made a mistake on the price display, and that the actual price is higher than the price displayed on the Website, we can contact you to ask you if you want to buy the product at its actual price or if you prefer to cancel your order. If the actual price is lower than the displayed price, we will charge you the lower amount and send you the product.

  1. DELIVERIES

All orders confirmed by SWISS FIRST will be confirmed by email which will also be your booking confirmation.

3.1 SWISS FIRST and/or companies authorized by SWISS FIRST may contact you by SMS, phone and/or email and give you information about your order.

We display the availability of the products we sell on the Website on each product sheet. We cannot give more information about the availability of products than is indicated on the said page or elsewhere on the Website. When processing your order, we will notify you as soon as possible by email using the address associated with your subscription or via the Communication Manager in Your Account, if any of the products you have ordered are unavailable, and we will not charge you for those products.

  1. LIABILITY

The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. SWISS FIRST shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.

Without limiting the scope of these General Conditions of Sale and to the extent permitted by applicable law, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed. In no event shall SWISS FIRST of such damage was known or could have been known by SWISS FIRST), capable of arising in connection with its Products, their use, sale or this Website. We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

4.1 SWISS FIRST shall not be liable (including in the event of negligence or recklessness) for any direct or indirect damage that may result from access to or use of elements of the website.

4.2 Nor can SWISS FIRST be held liable for any direct or indirect damage that may result from contacting one of the site partners.

4.3 Although SWISS FIRST  strives to provide the most accurate information possible, the platform does not promise or guarantee, explicitly or implicitly, its accuracy, reliability or completeness.

  1. MODIFICATION OF THE SERVICE OR THE GENERAL CONDITIONS OF SALE

SWISS FIRST reserves the right to make changes to our Website, our procedures, and our terms and conditions, including these Terms and Conditions of Sale at any time. You are subject to the terms and conditions, procedures and General Conditions of Sale in force at the time you order a product from us, unless a change to these terms and conditions, or these General Conditions of Sale is required by an administrative or governmental authority (in which case, this change may apply to previous orders you have made). If any provision of these Terms and Conditions is held invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  1. WINNING

If you break these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in all other situations where you breach these Terms and Conditions.

  1. MINORS

We do not sell products to minors. We sell products for children for purchases by adults. If you are under 18, you may use the www.myswissfirst.ch Website only under the supervision of a parent or guardian.

  1. APPLICABLE LAW AND COMPETENT COURTS

These General Terms and Conditions and your purchase of SWISS FIRST Products shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any conflict or claim arising out of or in connection with these General Terms and Conditions of Sale for SWISS FIRST Products (including non-contractual disputes and claims) shall be governed by Swiss law.

8.1 These General Terms and Conditions are subject to Swiss law.

8.2 Only the French language version of the site will be authoritative in case of interpretation or dispute. The place of jurisdiction is the registered office of SWISS FIRST in Zug.

© SWISS FIRST has all rights reserved. 05.2020

Confidentiality policy:

Effective Date: 12.05.2020

SCOPE OF THIS NOTICE

Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it.

This Notice explains how your Personal Data are collected, used, and disclosed by SWISS FIRST entities as listed in the controllers & contact section (Section 11) (“SWISS FIRST”, “We”, “Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.

This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps and events. Please note that We combine Personal Data that We collect via one method (e.g. a SWISS FIRST website) with Personal Data that we collect via another method (e.g. a SWISS FIRST  offline event). As part of this, we combine Personal Data that were originally collected by different SWISS FIRST entities. Please see Section 8 for further information on how to object to this.

If you fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 10).

This Notice provides important information in the following areas:

  1. SOURCES OF PERSONAL DATA
  2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
  3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
  4. USES MADE OF YOUR PERSONAL DATA
  5. DISCLOSURE OF YOUR PERSONAL DATA
  6. RETENTION OF PERSONAL DATA
  7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
  8. ACCESS TO YOUR PERSONAL DATA
  9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
  10. CHANGES TO OUR NOTICE
  11. DATA CONTROLLERS & CONTACT
  12. SOURCES OF PERSONAL DATA

This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:

1.1 SWISS FIRST websites. Consumer-directed websites operated by or for SWISS FIRST, including sites that we operate under our own domains/URLs and mini-sites that we run on third party social networks such as Facebook. (“Websites”).

1.2 SWISS FIRST mobile sites/apps.Consumer-directed mobile sites or applications operated by or for SWISS FIRST, such as smartphone apps.

1.3 E-mail, text and other electronic messages.               Electronic communications between you and SWISS FIRST

1.4 Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.

1.5 Data from other sources.Third party social networks (such as LinkedIn, Facebook,Google) or market researches (if feedback not provided on an anonymous basis).

  1. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Depending on how you interact with SWISS FIRST (online, offline, over the phone, etc.), We collect various types of information from you, as described below.

2.1 Personal contact information.This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number

2.2 Account login information.Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.

2.3 Demographic information & interests. Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favourite products, hobbies and interests, and household or lifestyle information.

2.4 Technical information about computer/mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a SWISS FIRST website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.

2.5 Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, we use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking. You have the right to object to the use of such technologies, for further details please see Section 3.

2.6 Market research & consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.

2.7 Consumer-generated content. This refers to any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third-party social network apps such as LinkedIn. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third-party social networking.

2.8 Third party social network information. This refers to any information that you share publicly on a third-party social network or information that is part of your profile on a third-party social network (such as LinkedIn) and that you allow the third-party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third-party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a SWISS FIRST web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a SWISS FIRST site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third-party social network is obtained by SWISS FIRST, or to opt-out of sharing such social network information, please visit the website of the relevant third-party social network.

2.9 Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.

  1. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

3.1 Cookies/Similar Technologies. Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.

3.2 Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.

3.3 Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

  1. USES MADE OF YOUR PERSONAL DATA

The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.

What We use your Personal Data for:

4.1 Customer service.

We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).

Our reasons

Fulfilling contractual obligations

Legal obligations

Our legitimate interests

Improving and developing new products and services

Being more efficient

What We use your Personal Data for:

4.2 Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions are run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the processing of your Personal Data for this purpose. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.

Our reasons

With your consent (where required)

Fulfilling contractual obligations

Our legitimate interests

Working out which of our products and services may interest you and telling you about them

Defining types of customers for new products or services

What We use your Personal Data for:

4.3 Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

4.4 Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific SWISS FIRST content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.

Our reasons

With your consent (where required)

Our legitimate interests

Working out which of our products and services may interest you and telling you about them

Defining types of customers for new products or services

What We use your Personal Data for:

4.5 Order fulfilment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.

4.6 Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, we use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We also use your Personal Data to ensure our security.

Our reasons

Fulfilling contractual obligations

With your consent (where required)

Legal obligations

Our legitimate interests

Improving and developing new products and services

Being more efficient

Protect our assets and staff

What We use your Personal Data for:

4.7 Legal reasons or merger/acquisition. In the event that SWISS FIRST or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.

Our reasons

Legal obligations

Our legitimate interests

Compliance with legal obligations

Protect our assets and staff

  1. DISCLOSURE OF YOUR PERSONAL DATA

In addition to the SWISS FIRST entities or ad-hoc in-country partners (in charge of SWISS FIRST operations) mentioned in the data controllers & contact section (see Section 11), We share your Personal Data with the following types of third party organisations:

5.1 Service providers.These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).

5.2 Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.

 

5.3 Third party companies using Personal Data for their own marketing purposes.
Except in situations where you have given your consent, we do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.

5.4 Third party recipients using Personal Data for legal reasons or due to merger/acquisition.
We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details).

  1. RETENTION OF YOUR PERSONAL DATA

In accordance with applicable laws, we will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.

Personal data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws.

  1. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third-party social networks.

7.1 People who can access your Personal Data. Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).

7.2 Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, we cannot guarantee the security of the data during transmission through our Websites/apps.

7.3 Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our Website/app.

7.4 Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland.

  1. ACCESS TO YOUR PERSONAL DATA

8.1 Access to Personal Data. Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data.

These rights can be exercised by contacting Us through the contact form available on www.myswissfirst.ch attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.

8.2 Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you, your successors, representatives and/or proxies can (i) request deletion, the portability, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.

Please note that, in certain circumstances, we will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.

Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.

We hope that We can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.

  1. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:

9.1 Cookies/Similar Technologies. You manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 3 above.

9.2 Advertising, marketing and promotions. If you wish to have your Personal Data used by SWISS FIRST to promote its products or services, you can indicate so through the relevant tick box(es) located on the registration form or by answering the question(s). If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time express your refusal by sending us an email: info@myswissfirst.ch.

Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non-marketing related announcements.

  1. CHANGES TO OUR NOTICE

If We change the way We handle your Personal Data, we will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.

  1. DATA CONTROLLERS & CONTACT

To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us through the contact form available on www.myswissfirst.ch

We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).

 Data controllers

SWISS FIRST
C/O Jürg Attinger Partner AG                                                                                                                    Chamerstrasse 56
CH-6300 Zoug
Switzerland

Responsible for

All activities Website/app related payment card operations.

Point to note: in certain limited cases, another SWISS FIRST entity might be behind the processing of your payment card details.

PROMOTIONS AND INTERNATIONAL COMPETITIONS SWISS FIRST GENERAL GUIDELINES

Competition Rules:

  1. Scope & application

1.1 SWISS FIRST, C/O Jürg Attinger Partner AG, Chamerstrasse 56, 6300 Zug (« SWISS FIRST ») the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.

1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by SWISS FIRST on an international basis and that are published or distributed by way of SWISS FIRST ‘s internet www.myswissfirst.ch or other websites or internet sites, pages or properties generated or managed by SWISS FIRST (collectively “Websites”).

1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.

1.4 These General Rules shall not apply to other promotions organised by SWISS FIRST ‘s subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.

  1. Participants

2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.

2.2 Promotions may not be available in all countries. SWISS FIRST reserves the right to limit a Promotion to participants residing in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules. Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.

2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.

2.4 In all cases, employees of SWISS FIRST, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.

  1. Entries

3.1 Promotions are free to enter and no purchase of any kind is necessary.

3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. SWISS FIRST may disqualify any entry that is incomplete or does not fully comply with these Rules.

3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.

3.4 No receipt for entries will be issued. SWISS FIRST does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.

3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.

3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.

3.7 Any breach of the General or Specific Rules will invalidate a participant’s entry. If a breach has occurred but is discovered after the award of a prize, SWISS FIRST may require the prize’s return. SWISS FIRST may, at its discretion, publish reasons for such breach including the identity of the participant concerned.

  1. Personal information

5.1 SWISS FIRST may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, email address, telephone (optional), age (or over 18 confirmation). Other information may also be required.

5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing SWISS FIRST of any changes. SWISS FIRST has no responsibility for failed contacts.

5.3 All personal data provided by Participants or received by SWISS FIRST will be stored, processed and handled in accordance with Swiss Federal Laws on Data Protection (1992 LPD 235.1 and 1993 OLPD 235.11, as amended) and SWISS FIRST ‘s published Privacy Policy, the latest version of which is available at www.myswissfirst.ch. By accepting these Rules, participants also accept the terms of the Privacy Policy, which they should read before submitting an entry.

5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply: (a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through SWISS FIRST ‘s Website or other technical means  as part of the Promotion, it being understood that SWISS FIRST is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
(b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
(c) All Invitations shall nominate the Participant as sender and not SWISS FIRST;
(d) SWISS FIRST will not forward more than five Invitations and Participants are required to respect the same limitation. (e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.

5.5 Prize winners agree to take part in any reasonable publicity required by SWISS FIRST and consent to the use by SWISS FIRST or its Affiliates in that connection of their name, likeness and/or images without further compensation.

  1. Intellectual property

6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of SWISS FIRST and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.

6.2 All entries submitted and all materials created in connection with an entry shall be the property of SWISS FIRST. By submitting an entry each participant thereby transfers to SWISS FIRST the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair SWISS FIRST ‘s right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.

6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person.  Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.

6.4 SWISS FIRST has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.

  1. General

7.1 SWISS FIRST reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. SWISS FIRST will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.

7.2 Subject to any mandatory legal requirements, SWISS FIRST ‘s determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.

7.3 These General Rules are published in English and in the languages of French, German. SWISS FIRST may, without obligation, provide additional local language translations for the non-binding assistance of Participants.

7.4 These General Rules and any Specific Rules issued by SWISS FIRST are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Zug, Switzerland.

Cookies:

What are Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

How and why do we use Cookies

We use Cookies to improve the use and functionality of our website and to better understand how visitors use our websites and the tools and services offered on it. The storage of Cookies on your computer provides an easy and convenient way for us to personalise or enhance your experience on our website and to make your next visit more enjoyable. We do not use Cookies to collect personal information such as your name; however, we may link information contained in a Cookie to personal information collected from you by other means (e.g. general website registration).

What type of Cookies are used?

When you visit this website, the following types of Cookies are used.

Necessary Cookies 

These are Cookies that are strictly necessary for the operation of a website. Without these cookies, this website won’t work properly.

Functional Cookies 

These are Cookies which are set up to improve the functionality of the website. For example, Cookies that remember the content you previously viewed on this website or the email address and password you provided when registering during an earlier visit to this website. Cookies may also remember items you have previously placed in your basket while visiting our website. Using Functional Cookies therefore may allow us to deliver content tailored to your interest and save you the time of having to re-register or re-enter information when you revisit this website or try to access certain customer only sections. We also use cookies for website analytics or advertising means.

Performance Cookies 

These cookies help us understand how visitors interact with our websites by providing information about the areas visited, the time spent on the website, and any issues encountered, such as error messages. This helps us to improve the performance of our websites.

First Party Cookies 

These are Cookies which are set by this website and can only be read by this site.

Third Party Cookies 

These are Cookies which are set by third parties we use for different services (for example, website analytics or advertising).

List of Cookies used on this website

The following tables categorise and describe the various Cookies used on this website:

Session ID

websites use specific Cookies, which are essential for the websites to work properly. One is a Cookie used to create a session ID for the user, so that the system itself can identify the user as a unique and individual user, distinct from anyone else looking at the website. This information is not used or stored outside SWISS FIRST systems, and is held only temporarily while the user is accessing account pages and other pages, which require unique and secure access. Without this Cookie, such access could not remain secure, so it is very important.

Functional Cookies

Language
Used to tailor the default language for the site. Disabling this may cause more of an annoyance to users as they would be prompted to re-enter their language preference.

Country
Used to suggest the most relevant experience based on the country that the user lives in and wants to be delivered to when purchasing SWISS FIRST products.

Promotion
Used to recognise SWISS FIRST customers eligible to promotions and display information about their corresponding offers.

Login
Used to offer customers the option to remember their credentials in order to avoid them retyping their user ID and password each time they access the SWISS FIRST section.

Performance Cookies

Load balancer

This cookie allows us to split the load on our servers based on visitors’ use of our pages and applications. It improves the overall performance of our website.

Third-Party Cookies

Google Analytics

Google Analytics tracking uses Cookies in order to provide insights on what users do when they visit our site. Cookies do not identify people, but rather they are defined themselves by a combination of a computer, a user account and a browser. However, Google Analytics Cookies do not collect personal data about your website visits.

Adobe Omniture

Used to provide anonymous / aggregated information about where the user goes and what the user does on SWISS FIRST websites.

Google DoubleClick

send to provide anonymous / aggregated information about where the user goes and what the user does on SWISS FIRST websites.

How can I control my Cookie settings?

Most internet browsers are initially set up to automatically accept Cookies. You can change the settings to block Cookies or to alert you when Cookies are being sent to your device. There are a number of ways to manage cookies. Follow the below guidelines to manage your Cookies using your web browser. If you do so, please be aware that you may not be able to register on our website or use other features that require registration or the collection of information.

Internet Explorer

Click on the “Tools” icon then select “Internet Options”. Choose the ‘Privacy’ tab and move the slider to choose your settings. For more detailed privacy settings click on ‘Advanced’.

Safari Choose ‘Preferences’ from the Safari menu then select ‘Security’. You’ll see your Cookie settings and can choose your settings.

Mozilla Firefox Click on ‘Menu’, ‘Options’, ‘Privacy’ and then ‘Cookies’. You can then choose your settings.

Google Chrome Click on the ‘Tools’ menu then select ‘Options’. Choose the ‘Under the Bonnet’ tab and then the ‘Privacy’ section. Select ‘Content settings’ then the ‘Cookie settings’ tab and choose your settings.

Opting out of Flash Cookies

Flash Cookies are different from the other Cookies used on this website because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. For information on controlling the use of Flash Cookies on your computer visit the Macromedia website.

Legal Notice Update

We reserve the right to make any changes and corrections to this policy. Please refer to this page from time to time to review these and new additional information.

LAW AND FORUM

The present General Conditions of Sale and your purchase of Products from SWISS FIRST shall be governed by and construed in accordance with the laws of Switzerland, without resort to its conflict of law provisions.

Any dispute or claim arising out of or in connection with General Conditions of Sale or your purchase of Products from SWISS FIRST (including non-contractual disputes or claims) shall be subject to the jurisdiction of Switzerland.

10.5 These Terms of Use shall be governed by Swiss law.

10.6 The place of jurisdiction is the registered office of SWISS FIRST in Zug.

10.7 In the event of interpretation or dispute, only the French language version of the site shall prevail.

© SWISS FIRST has all rights reserved. 05.2020