TERMS OF USE of madebyus.ch

 

1. PREAMBLE

The site madebyus.ch (hereafter the “Site”) belongs to Lorenza Rossella Sala, (hereafter “we” “us”, etc.) who holds all rights on the Site.

The Site is a virtual market in which companies and private individuals place free advertisements to offer third parties goods / services to buy / exchange.

2. SCOPE OF

These terms of use apply to all services and offers available on the Site as well as to all visitor and user activities connected to it.

3. RIGHTS AND DUTIES OF MADEBYUS.CH

Madebyus.ch takes care to continuously improve the Site to adapt it to users’ needs and requirements. We reserve the right to modify or delete the functions of the Site at any time and without announcing it, however, we undertake to inform users about all changes by communication on the Site itself.

The Site and all its contents are made available without guarantee of absence of defects. In other words, we do not provide any type of insurance or other guarantees (in particular regarding defects of the thing and defects in law). We do not guarantee or guarantee that the information and contents of the Site or on the Site (published by the owner or users) are complete or error-free. Users acknowledge that the download or detection of information and content from the Site takes place at their own discretion and risk.

The Site or parts of our services may be temporarily unavailable for various reasons.

We do our best to avoid any illegal use of the website by users, without obligation of results. Any liability related to an improper use of the Site is therefore excluded as of now.

4. USER CONTENT AND BEHAVIOR

We are not obliged, but we are authorized to verify and / or check the information and materials, inserted, transmitted or made available on the Site by users.

Furthermore, we are not responsible for user behavior or for information / materials made available by users.

In any case, we reserve the right, in our sole discretion, to conduct investigations in relation to the use of our Site and to take appropriate measures against all persons who:

violate the provisions relating to prohibited conduct and inadmissible content of the Site;
actually or presumably violate applicable laws;
participate in outrageous, illegal or conducive behavior that violates the rights of other people or compromises or threatens their safety.
In such cases, we expressly reserve the right to promptly and without notice delete the information / materials entered by users and to prevent the user concerned from subsequently using the Site in any way.

5. RIGHTS AND DUTIES OF THE USERS

Complete and current data

The user must be at least 18 years old and undertakes to provide all updated, correct and complete data relating to him. He also undertakes to promptly update all data crucial for the use of the Site.

User content

Our portals allow users to post information / materials on the Site in the form of advertisements which other users of the Site can access.

Each user is responsible for the insertion, transmission and / or supply of news, communications, texts, information and other content (hereinafter “user content”) on or on the Site.

Saving copies and data

Users are responsible on their behalf for saving copies of the contents they have entered and stored on the Site. Any responsibility for any loss of data is expressly excluded.

Rules of conduct

The user as such recognizes that the Site is made available to him exclusively for his personal use, not for commercial purposes. The user ensures and guarantees not to violate the Swiss laws on the matter and in particular not to make available on the Site contents of any kind that violate the rights of third parties or contain illegal material. In particular, the user agrees not to use the Site for the following activities:

Obtain or collect e-mail addresses or other information from the Site to contact other people using electronic means or other tools to send unsolicited e-mails or other unsolicited communications, in particular through telemarketing or other telephone contact;
Use automatic scripts to collect information obtained from the Site or other interactions with the Site;

Upload, insert, transmit, make available or store content that we deem harmful, threatening, violating the law, abusive, annoying, obscene, deceptive, violating personal data protection rights or personality rights, racist or otherwise, at our discretion scandalous or illegal way;
private data of third parties, including addresses, telephone numbers, e-mail addresses and credit card codes;
unsolicited or unauthorized advertising, spam and the like;
content that would motivate a crime, that would invite other people to commit a crime, or that would instruct such people to commit a crime, or content that would violate the rights of third parties or otherwise motivate a liability or would violate national or international laws.
Insert content for a person other than themselves or pass themselves off as another natural or legal person or misleading presentation of their own person, false indication of age or belonging to another natural or legal person;
Request information by password or personal data for commercial or illegal uses.
Behavior with other users

Users are personally responsible for their behavior towards other users. We are however authorized, but not obliged, to take the measures which, in our sole discretion, we consider sustainable and adequate.

Normally we do not verify communication between users; however, this occurs through our Site. Therefore, we are authorized to block or delete without prior notice any user messages where this is necessary to protect other users or madebyus.ch In such cases we are also authorized to delete certain words or phrases.

The decision as to the blocking or deletion of certain user communications lies solely with the holder according to his free judgment.

6. PAYMENT SERVICES

General conditions

madebyus.ch offers promotional services on its website (hereinafter “paid services”). The amount to be paid for Paid Services (hereinafter “Price”), the payment methods, as well as the extent and duration of the Paid Services are reported on the Site. Relevant is what is published on the Site on the date of stipulation of the contract or contract extension, which is an integral part of the contract between madebyus.ch and the user.

Promotion services

madebyus.ch offers services to promote the visibility respectively of the sale and other paid Services related to a certain content used (hereinafter “Promotion Services”).

The Price for the Promotion Services becomes payable at the time of the order by the user and must be paid immediately by the customer on condition that there are no other indications on the site. The user falls in default without further prompting from madebyus.ch

The validity of the Promotion Services ceases with the cancellation of the content used in question. In any case, price refunds are excluded.

Subscriptions for ads

madebyus.ch can at any time declare paid subscriptions for additional usage functions, price bundles, content used and partner offers. These subscriptions are announced, defined and offered for sale on the platform. The extent of the services corresponds to the respective description on the platform and can be adjusted at any time.

Prices and duration

The payment of the price of the season tickets for the advertisements, as well as the other season tickets (hereinafter jointly “Season tickets”), becomes payable 30 days after the receipt of the invoice without deductions, provided that there are no other indications on the site. The user falls in default without further prompting from madebyus.ch. In the event of a default, madebyus.ch is authorized to suspend its services without notice and to block the user resp. your access to further madebyus.ch services.

The subscription for advertisements is stipulated for a fixed term for a contractual duration chosen by the user and is automatically extended for a further contractual period, unless canceled in writing or by e-mail, with a cancellation deadline of 30. days for annual subscriptions, resp. of 10 days for monthly subscriptions, for the end of the current contractual period. An early cancellation or a refund is excluded. In particular, even in the case of early cancellation of advertisements, or in the event of cancellations or blockages prepared by madebyus.ch on the basis of these conditions of use or other parts of the contract, the entire remuneration is due and the user has no no right to reimbursement of fees already paid.

 

7. LICENSE ON USER CONTENT

With these conditions, the user grants the owner of the Site a free, unlimited, irrevocable, indefinite, transferable and valid worldwide license (with the right to grant sub-licenses) for any use (including reproduction, disclosure and any processing, including translation) on user content or part of it for any commercial purpose (currently known or unknown) or other purposes (including advertising) in connection with the Site.

The user can delete the contents he has entered on the Site at any time. When the user deletes his contents from the Site, the license granted above remains in force. In particular, the user acknowledges that the owner of the Site can keep archived copies of its contents and that the previously granted license remains in force for its archived contents.

The user guarantees and guarantees that he has the right to grant this license and undertakes to fully release madebyus.ch from all claims in accordance with this point.

8. PROPERTY RIGHTS

The site contains contents and technologies of madebyus.ch which can be protected by industrial protection rights, such as copyright. The user acknowledges with these conditions that, with the exception of all the limited rights of use granted with these conditions of use, all the rights and claims deriving from the Site and its contents remain the property of the owner of the Site or of any third party partners. .

9. PROTECTION OF PERSONAL DATA

Generality

With regard to the collection, storage and use of personal data, the provisions of the laws of Scizzero in force regarding the protection of personal data are applicable.

10. RESPONSIBILITY

Responsibility of madebyus.ch

Within the scope permitted by the madebyus.ch law, it excludes all liability for any damage arising from the use of the Site or in relation to it. This disclaimer also applies to the members of the board of directors, managers, collaborators, suppliers, members.

User responsibility

The user is personally responsible for the use he makes of the Site and all its related actions, including its behavior with other users.

The user indemnifies madebyus.ch and its collaborators from all claims, costs and expenses, including the costs of any legal causes, connected to the use of the Site by the user or from his behavior with other users.

11. CANCELLATION AND CHANGES

The contractual relationship between madebyus.ch and the user can be terminated at any time by either party, at free discretion, with immediate effect. The prices of paid services are not returned in any case to the user.

The holder reserves the right to temporarily interrupt, remove or replace all the services of the Site or some of them. Furthermore, madebyus.ch reserves both the right to declare that certain free services will be paid in the future, and the right to modify the paid services or the prices of the paid services at any time.

12. LINK

The holder does not monitor the correctness, adequacy or completeness of the links to other sites published on madebyus.ch and rejects any liability deriving from them.

13. APPLICABLE LAW

The service provided by the Site and any relationship and controversy with users are governed by Swiss law.

14. HOLE

The ordinary courts of the madebyus.ch headquarters. are exclusively competent in case of disputes.

 

DATA PROTECTION DECLARATION

This declaration concerns the processing of personal data of users of madebyus.ch (hereinafter “the Site”).

The owner of the site (hereinafter “we”, “us” etc.) is responsible for the processing of users’ personal data and for the compatibility of data processing with the law in force.

“Personal data” means all individual information concerning the situation, personal or material of an identified or identifiable natural person.

“Data processing” means any operation concerning user data, in particular the collection, saving, administration, use, transmission, communication or cancellation.

We draw the attention of users to the fact that the following indications are subject to change. Therefore, users are advised to regularly consult this data protection declaration.

The third party web pages, accessible through our portals, are not subject to the provisions of this declaration. The owner of the site does not assume any kind of responsibility for the respect of data protection by third party web pages.

Below are the personal data of users processed by the Site, as well as the method of use and transmission of the same and the rights enjoyed by users in relation to the personal data processed by the Site.

1. Scope and purpose of personal data processing to

a. while visiting our portals

When the user uses the digital offers of the Site without further indications, the web server technology used automatically protocols, in so-called log files, the general technical information regarding the visit. In this regard, among others, we can count the IP address of the device used to perform the visit, information regarding the type of browser, the internet service provider and the management system used, which digital offers have been consulted with us , reference / exit pages, the time and duration of the visit.

The collection and processing of this information takes place in order to make it possible to use our web pages (start the connection), to guarantee and increase the security and stability of our systems and our offers, to analyze the use of the our offers and our services, to collect general demographic information and to allow the optimization of our internet offers (in particular, but not exclusively, product improvement, marketing measures, advertising aimed at target groups, etc.), as well as for internal statistical purposes. In this context, user identification does not take place. Likewise, no link is established in principle between this automatically collected information and the personal data saved by our portals. However, an exception to this basic rule may exist if the user already has a user account registered on one of our portals. The information concerning the processing of personal data of registered users is detailed in the following figures 1.b and 1.c.

When the user sends a message to a third party (for example to an advertiser) through a corresponding function of our portal, the same can be saved from our portals. The Site offers the user free and paid services. Any personal data disclosed by the user, taking advantage of a free service (e-mail address, telephone number, etc.) can be used [for example] for marketing and analysis purposes. More precise information regarding the processing of personal data for marketing and analysis purposes can be found below in section 4.

The information published by users on our portal can be published, and possibly adapted in form, on other platforms and means of communication (e.g. newspapers).

During the visit of our portals we use cookies and analysis tools (eg Google Analytics). In this regard, the user is invited to consult numbers 9 and 10 of these data protection provisions.

b. when registering a user account

For personalized services, for areas with secure access, or for the processing of requests and the administration of your subscriptions, user registration and consequently the opening of a user account may be required. In this case, the entry of certain personal data is required; this concerns, in particular:

the e-mail address that can serve as username at the same time;
the password;
as well as possibly, depending on the context and the offer, additional information such as

name and surname;
date of birth,
sex,
address (full postal address, postcode, place),
telephone number,
information relating to newsletter subscriptions or other advertising,
language preferences.
In addition to the information marked as mandatory for the use of a specific digital offer, the user can voluntarily enter and save further personal data.

The Site uses the data for the execution and administration of its digital offers, for the verification of the plausibility of the data entered, that is, for the stipulation, setting of the content, execution and modification of the contractual relationships concluded through the user account, as well as, in the case of paid services, for correct billing.

When the user enters contributions (comments, photos, videos, etc.) through the corresponding functions of our portals to share them with other users, they can be published and consequently made accessible to the public; this also applies to the username or any nickname. We draw users’ attention to the fact that once published on the internet, these data may continue to be recalled by third parties, for example through search engines, even in the event of cancellation or anonymisation ordered by us or by users.

By confirming, upon conclusion of the registration aimed at collecting or changing the data relating to the user account, the latter guarantees the correctness of the content of the recorded data.

c. when using a portal as a registered user

During the use of the portal by registered users, we collect data for statistical reasons, to allow the undisturbed functionality of the portal, as well as for the analysis, optimization and personalization of the use of our offers and services. In this way, we collect data to know if, and how, users use our digital offers, in particular which functions and which advertisements they receive, and how. For further information regarding the processing of personal data, see section 1.d, as well as section 4.

To the extent that the user uses our portal as a registered user, statistical data may be visible to other registered users and may be registered and analyzed by us.

d. when making a purchase / purchase a paid service

When the user purchases a product or a paid service, on our web page, the indication of the data is mandatory, such as for example name and surname, address (full postal address, postcode, place) and possibly further data, since they are indispensable for the execution of the contract stipulated with the users. If the user, when purchasing a product or a paid service, chooses an online payment option, such as a credit card or PayPal, payment is made through the online payment system of the relevant offerer. In this case, the processing of personal and payment data takes place directly through the provider of the related payment system. The Site does not detect and save users’ payment data. In this context, the provisions concerning the data protection of the relevant offerer of the online payment system apply.

To the extent that the user is registered and has a user account, we can save his data in the user account for the next purchase / for the next stipulation of a contract.

In any case, we save all information regarding users’ current and past purchases, as well as the stipulations of contracts, i.e. products, services, the number of products and services for each purchase and the payment amount. We are authorized to use this information for marketing and analysis purposes. For more information regarding marketing and analysis purposes, see section 4.

2. Direct marketing and online advertising

By registering, or by ordering as a guest on one of our portals, we can also use users’ personal data for personalized advertising measures. This concerns both the personalization of advertising by e-mail, such as e-mail with general information or with an advertising character (newsletter), by telephone, post, fax, text message, MMS, as well as instant messaging services, and distribution of personalized content and advertising on our portals. To this end, we can automatically exploit information known to us regarding the use of our portals by users, in order to avoid any inappropriate advertising. These treatments are listed in section 4.

The registration of a user account can also entail the automatic registration to one of our newsletters and its e-mail address can consequently also be used for our advertising purposes until the user cancels the relative newsletter. At the end of each e-mail sent by us, there is a link, through which the user can unsubscribe from the newsletter at any time. The user can unsubscribe from the newsletter at any time also by e-mail at madebyus@protonmail.com.

We are authorized to entrust third parties with the technical execution of advertising measures, as well as to transmit user data for this purpose (see below point 3).

3. Transmission of data to third parties

We cooperate with other companies or people, respectively we commission other companies or people, as regards the processing and saving of data. The same could receive access to users’ personal or usage data, but only to the extent that they are necessary for the performance of their duties.

In addition, we transmit user data to third parties to the extent that this is necessary for the execution of the contract. To this end, we transmit the necessary data to any transport companies, banks and other service providers. These service providers use user data exclusively for the execution of the mandate and not for further purposes. To the extent that this is necessary for the aforementioned purposes, the transmission can also take place abroad, for example to allow the shipment of goods. More information regarding the transmission abroad is shown in section 5.

Personal data concerning users cannot be sold, rented or processed outside of madebyus.ch and the people connected to it.

Except for the transmissions described above, we transmit users’ personal data only with their explicit consent, if there is a legal obligation in this regard, or if necessary to enforce our rights deriving from the contractual relationship.

In the event of a sale, a merger or another kind of reorganization of some or all of the assets of our company, the personal data of users can be transmitted, sold or otherwise shared with third parties as part of this transaction or reorganization .

4. Processing of your personal data for marketing and analysis purposes

Madebyus.ch and the people who work there aim to continuously improve the digital offers presented to customers and to structure them in an increasingly commensurate and safer way.

In this regard, through the use of different analysis tools, specific historical and future user data that we have can be continuously associated with each other, and the usage behavior can be continuously analyzed, aggregated, pseudonymised and anonymized. at the level of all offers. To improve our databases, we may use publicly available data or data from third party providers. The information, derived from the use that users make of our offers, can be used and exploited in the context of the analysis of user behavior by other participating companies. Such data processing takes place mainly with pseudonymised or anonymized data. The processing takes place in particular for the purpose of sending the user personalized advertising in accordance with paragraph 2, as well as improving the security of our portals.

5. Transmission of personal data abroad

We are also authorized to transmit users’ personal data to third-party companies (service providers in charge) abroad, if this is useful for the data processing described in this data protection declaration. The same are required to protect the data in equal measure to us. If the level of data protection in a country does not correspond to that of Switzerland, we contractually ensure that the protection of your personal data always corresponds to that in Switzerland, by resorting to one or more of the following measures:

stipulating EU model clauses with the service providers in charge, cf. https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_it
ensuring that the service providers in charge are certified Swiss-US resp. EU-US Privacy Shield (if the recipient of the data is based in the USA or the data is stored there), cf. https://www.privacyshield.gov/
through the presence of Binding Corporate Rules (BCR) recognized by a European data protection authority, see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/binding-corporate-rules_en

6. Right to information, rectification, cancellation or complaint

The user has the right to assert, at any time, his rights relating to data protection and to demand information to know if and which personal data concerning him are processed by us. The user can also rectify, block or delete his personal data at any time with a written communication, and the relative proof of his identity, at the following address: madebyus@protonmail.com.

We draw the attention of users to the fact that, even after the request for blocking or deletion of personal data, the same will be kept, in part, within the scope of our legal or contractual retention obligations (for example for accounting purposes). In this case, the data will only be locked. Furthermore, from the deletion of personal data, it can result that the user can no longer continue to purchase or use the services he has registered. Under certain conditions, the user has the right to the transmission by us, to himself or to a third party indicated by him, of his personal data in a commonly used format.

The user can object to the processing of his data for marketing and advertising purposes, as well as to the transmission of data in accordance with numbers 2 and 4 at any time by e-mail.

The opposition only excludes that personal data collected in a non-anonymous way can be processed for marketing purposes and that, for this purpose, they can also be transmitted to other companies and analyzed by them. To completely exclude, or at least to reduce, the collection of personal data, the operations mentioned in section 8 concerning the deactivation of cookies must be performed.

The user also has the right to lodge a complaint regarding the processing of data with the competent supervisory authority. The competent supervisory authority is that of his place of residence, workplace or place of the alleged violation of data protection.

7. Duration of storage of your personal data

User data are stored only for the period of time necessary, in accordance with the processing purpose. This period may be bound by the relevant rules in force, or for the period necessary to achieve legal or accounting purposes. In case of analysis, we store user data until the analysis is completed. When the data is stored on the basis of a contractual relationship with the user, these data remain stored at least as long as the contractual relationship exists and at the latest until the expiry of the limitation periods for our possible rights or as long as there are legal or contractual retention obligations.

8. Data security

We use appropriate technical and organizational security measures, in order to protect users’ personal data from manipulation, deletion, modification, access, transmission or involuntary, illegal or unauthorized use, and from partial or total loss. Our security measures are constantly adapted and improved according to technological development. We do not take any responsibility for the loss of data, or their acquisition and use by third parties.

If the user registers, access to his user account is possible every time only after entering the personal password. The user should always treat payment and access information in a confidential manner and close the browser window when he has finished communicating on our portals, in particular if he shares the computer with others.

We also take the internal data protection seriously. Our collaborators and the companies of service providers commissioned by us are obliged by us to confidentiality and compliance with the provisions relating to data protection.

9. Cookies

Cookies help make the visit to our web pages easier, more pleasant and sensible. Cookies are information files that the web browser automatically saves on the computer’s hard drive when the user visits our website.

Cookies do not damage the computer’s hard disk and the user’s personal data are not transmitted to us by cookies.

For example, we use cookies to understand who has visited our portal and to deduce from this how many times certain pages or offers are visited, which parts of the portal enjoy particular popularity, and to detect in a completely general way how the portal is used . We use other cookies so that the user can move freely on our portal and can use its features, for example even when accessing areas with secure access. These cookies may also be necessary to use the shopping cart or the payment functions. In order to make the visit to the portal more comfortable, with the use of cookies, the options chosen, or the decisions made by the user can also be used as settings. In general, the use of cookies serves to improve our services and to make them more effective and safe. By means of cookies, however, information is also collected to offer users advertisements that may interest them. Most internet browsers automatically accept cookies. However, the user can configure his browser at any time so that no cookies are saved on his computer, or so that an indication appears each time he receives a new cookie.

Our digital offers can be used, in principle, even without the acceptance of cookies, however individual features can be limited.

10. Tracking and analysis tool

The use of our digital offers is also measured and analyzed by means of different technical systems, mainly from third party offerers, such as Google Analytics. These measurements can take place both anonymously and personally. It is possible that the data collected in this area, by us or by third-party providers of these technical systems, are in turn transmitted to third parties for processing. The most used analysis tool is Google Analytics, a service of Google Inc. With it the recorded data can be transmitted to a server in the USA, the IP addresses will be made anonymous by an IP anonymization program, so that an assignment it is no longer possible. The IP address transmitted by your browser in the context of Google Analytics is not combined with other Google data. The user can object to the detection and processing of this data through Google Analytics by installing an opt-out cookie, which prevents the future detection of his data while visiting this website: http://tools.google.com/ dlpage / gaoptout? hl = en

11. Plug-ins and other third party offer additions

Our digital offers are connected in various ways with third party functions and systems, such as through the integration of third party social network plug-ins, for example Facebook, Google Plus and Twitter.

If the user has a user account with these third parties, it is also possible for these third parties to measure and analyze his use of our digital offers. In this case, further personal data such as IP address, personal browser settings and other parameters can be transmitted to these third parties, and saved to them. By using a Social Login service such as Facebook-Connect, the supplier can send us his personal data such as name, e-mail address and profile photo. We have no control over the use of personal data collected in this way by third parties and we do not assume any kind of responsibility. We refer the user to further information in this regard in the links indicated above.

12. Legal basis

We process the user’s personal data only within the framework of the data processing principles and if there is a legal basis. Where it serves to initiate and execute our contracts, this legal basis takes over. Otherwise we are interested in continuously improving our offers, adapting them to your needs and showing advertising that may interest you. This constitutes a necessity to further develop and be able to finance our offers, as well as to guarantee their safety. We assume that our interests prevail. If the user has consented to the processing of the data

13. Contact persons

In case of questions regarding data protection on our web page, general information, or deletion of data, the user must contact our contact person for data protection by sending an email madebyus@protonmail.com.

The contact details of our data protection officer are as follows: GS Law Law Firm, via Pretorio 9, 6901 Lugano.

14. Updates and changes to the data protection provisions

Through the further development of our web page and the implementation of new technologies, it may be necessary to modify these provisions relating to data protection.

The current data protection provisions can also be called up and printed at any time on our website.

The original data protection statement is formulated in German. The translations are only for a better understanding. In the event of a dispute, the German text will prevail.