Definitions
Client: Any professional or natural person competent under Articles 1123 and following of the Civil Code, or a legal entity, who visits the Site subject to these general conditions.
Services: https://eminence.ch/ provides Clients with:
Content: All elements making up the information on the Site, in particular texts, images, and videos.
Client Information: Hereafter referred to as “Information(s)” which correspond to all the personal data that may be held by https://eminence.ch/ for the management of your account, customer relationship management, and for analysis and statistical purposes.
User: Internet user connecting and using the aforementioned site.
Personal Information: “Information that allows, in any form, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data,” “data subject,” “sub-contractor,” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
Under Article 6 of Law No. 2004-575 of June 21, 2004 for trust in the digital economy, users of the website https://eminence.ch are informed about the identities of the different parties involved in its creation and monitoring:
Owner: Eminence SARL Rue de la Faïencerie 10, 1227 Geneva – Switzerland
Publication Manager: Wajdi BACCOUCHE – [email protected]
The publication manager can be a natural or legal person.
Webmaster: Wajdi BACCOUCHE – [email protected]
Host: Infomaniak
Data Protection Delegate: Wajdi BACCOUCHE – [email protected]
The Site is a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not reuse, transfer, or exploit for their own account any elements or works of the Site.
Using the site https://eminence.ch/ implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the site https://eminence.ch/ are invited to check them regularly.
This website is normally accessible to users at any time. However, a technical maintenance interruption may be decided by https://eminence.ch/ who will then try to inform users in advance of the dates and times of the intervention. The https://eminence.ch/ website is regularly updated. Similarly, the legal notices can be modified at any time: they nevertheless apply to the user, who is invited to refer to them as often as possible to become aware of them.
The website https://eminence.ch/ aims to provide information about all the company’s activities. https://eminence.ch/ strives to provide on the site https://eminence.ch/ as accurate information as possible. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in the update, whether due to its own actions or those of third-party partners who provide this information.
All information provided on the
site https://eminence.ch/ is given for informational purposes only and is subject to change. Furthermore, the details listed on the site https://eminence.ch/ are not comprehensive. They are provided contingent on modifications made since their upload.
The site uses JavaScript technology.
The website will not be held liable for material damage related to the use of the site. Moreover, the user of the site agrees to access the site using up-to-date hardware, free of viruses, and with an updated latest-generation browser. The site https://eminence.ch/ is hosted by a provider within the European Union territory in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).
The goal is to provide a service that ensures the best accessibility rate. The host guarantees the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, especially for maintenance, infrastructure upgrades, infrastructure failure, or if the Services generate abnormally high traffic.
https://eminence.ch/ and the host cannot be held responsible in the event of malfunction of the internet network, telephone lines, or computer and telephony equipment related especially to network congestion preventing access to the server.
https://eminence.ch/owns the intellectual property rights and holds the rights to use all elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without prior written authorization from https://eminence.ch/.
Any unauthorized use of the site or any of its contents will be deemed as infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
https://eminence.ch/ acts as the publisher of the site. https://eminence.ch/ is responsible for the quality and truthfulness of the content it publishes.
https://eminence.ch/ will not be held liable for direct and indirect damages caused to the user’s equipment when accessing the website, resulting either from using hardware that does not meet the specifications indicated in point 4 or from a bug or incompatibility.
https://eminence.ch/ will also not be held responsible for indirect damages (such as loss of market or loss of an opportunity) resulting from the use of the site https://eminence.ch/.
Interactive spaces (ability to ask questions in the contact space) are available to users. https://eminence.ch/ reserves the right to delete, without prior notice, any content posted in this space that would contravene the law applicable in France, especially provisions related to data protection. Where appropriate, https://eminence.ch/ also reserves the right to challenge the user’s civil and/or criminal liability, especially in the case of racist, injurious, defamatory, or pornographic messages, regardless of the medium used (text, photography …).
The Client is informed of regulations concerning marketing communication, the Law of June 21, 2014, for trust in the Digital Economy, the IT and Freedom Law of August 6, 2004, and the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 Data Collection Managers
For Personal Data collected as part of the user’s personal account creation and navigation on the site, the data processing manager is: Eminence SARL. https://eminence.ch/ is represented by Wajdi BACCOUCHE, its legal representative.
As the manager of the data it collects, https://eminence.ch/ undertakes to comply with the current legal framework. It’s up to the client to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, full information on the processing of their personal data, and to maintain a processing record in line with reality.
Whenever https://eminence.ch/ processes personal data, it takes all reasonable measures to ensure the accuracy and relevance of the personal data for the purposes for which https://eminence.ch/ processes them.
7.2 Purpose of Collected Data
https://eminence.ch/ is likely to process all or part of the data:
https://eminence.ch/ does not sell your personal data, which is only used out of necessity or for statistical and analysis purposes.
7.3 Right of Access, Rectification, and Opposition
In accordance with European regulations in force, users of https://eminence.ch/ have the following rights:
As soon as https://eminence.ch/ is made aware of a user’s death and in the absence of instructions from them, https://eminence.ch/ commits to destroy their data unless its retention is necessary for probative purposes or to meet a legal obligation.
If the user wants to know how https://eminence.ch/ uses their personal data, request to rectify it, or oppose its processing, the user can use the form under this link or contact https://eminence.ch/ in writing at the following address:
Eminence, Agence Webmarketing
Street of Grand-Pre 64/66,1202 Geneva
In this case, the user must specify the personal data they would like https://eminence.ch/ to correct, update, or delete, identifying themselves precisely with a copy of an identity document (identity card or passport). Requests for the deletion of personal data will be subject to the obligations imposed on https://eminence.ch/ by law, especially regarding the preservation or archiving of documents.
Finally, users of https://eminence.ch/ can file a complaint with the supervisory authorities, and in particular the CNIL (French National Commission for Informatics and Liberties, https://www.cnil.fr/en/home).
7.4 Non-disclosure of Personal Data
https://eminence.ch/ prohibits the processing, hosting, or transferring of Information collected from its Clients to a country outside the European Union or recognized as “non-adequate” by the European Commission without previously informing the client. However, https://eminence.ch/ retains the freedom to choose its technical and commercial subcontractors provided they offer sufficient guarantees concerning the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://eminence.ch/ commits to taking all necessary precautions to preserve the security of the Information, especially to ensure it is not disclosed to unauthorized individuals. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://eminence.ch/, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://eminence.ch/ does not collect any “sensitive data.”
The User’s Personal Data may be processed by affiliates of https://eminence.ch/ and subcontractors (service providers), exclusively to achieve the objectives of this policy.
Within the scope of their respective roles and for the purposes mentioned above, the primary individuals likely to access the User data of https://eminence.ch/ are mainly the agents of our customer service.
Despite all efforts, no method of transmission over the Internet and no electronic storage method is entirely secure. We therefore cannot guarantee absolute security. If we become aware of a security breach, we would warn the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether they are national or European. We commit to fully inform our clients of all matters related to the security of their account and provide them with all necessary information to help them meet their regulatory reporting obligations.
No personal information of the user of the https://eminence.ch/ site is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the scenario of the purchase of https://eminence.ch/ and its rights would allow the transmission of said information to the potential buyer who would, in turn, have the same obligation to retain and modify data concerning the user of the https://eminence.ch/ site.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, https://eminence.ch/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
During the processing of Personal Data, https://eminence.ch/ takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
The https://eminence.ch/ website contains several hyperlinks to other sites, set up with the permission of https://eminence.ch/. However, https://eminence.ch/ does not have the ability to check the content of the sites visited and will therefore not assume any responsibility for this.
Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time for free using the deactivation options offered to you, as mentioned below, knowing that this can reduce or prevent accessibility to all, or part of the Services offered by the site.
9.1. “COOKIES”
A “cookie” is a small information file sent to the User’s browser and saved on the User’s device (e.g., computer, smartphone). This file includes information such as the User’s domain name, the User’s internet service provider, the User’s operating system, as well as the date and time of access. Cookies cannot damage the user’s device in any way.
https://eminence.ch/ may process the User’s information about their visit to the Site, such as the pages viewed and the searches made. This information allows https://eminence.ch/ to improve the Site’s content and the User’s navigation.
Cookies facilitating navigation and/or the provision of the services offered by the Site, the User can configure their browser to decide whether or not to accept them so that cookies are stored on the device or, conversely, are rejected either systematically or by their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie can be stored on their device. https://eminence.ch/ informs the User that, in this case, not all features of their browser software may be available.
If the User refuses to save Cookies on their device or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://eminence.ch/ or one of its providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language, and display settings or the country from which the device appears to be connected to the Internet.
If necessary, https://eminence.ch/ disclaims any responsibility for the consequences related to the degraded operation of the Site and the services potentially offered by https://eminence.ch/, resulting from (i) the User’s refusal of Cookies (ii) the impossibility for https://eminence.ch/ to save or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will explain how the User can modify their cookie preferences.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://eminence.ch/ may also use external service providers to help collect and process the information described in this section.
Finally, by clicking on the dedicated icons for the social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the https://eminence.ch/ Site or its mobile application, and if the User has accepted the deposit of cookies by continuing their navigation on the https://eminence.ch/ Website or mobile application, Twitter, Facebook, Linkedin, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent to it by continuing your navigation on the https://eminence.ch/ Website or mobile application. At any time, the User can withdraw their consent for https://eminence.ch/ to place this type of cookie.
9.2. INTERNET TAGS (“TAGS”)
https://eminence.ch/ may occasionally use internet tags (also referred to as “tags”, action tags, one-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analysis specialist partner who might be located (and therefore store the corresponding information, including the user’s IP address) in a foreign country.
These tags are placed both in online advertisements that allow users to access the website and on the various pages of the site itself.
This technology allows https://eminence.ch/ to evaluate visitor responses to the site and the effectiveness of its actions (e.g., the number of times a page is opened, and the information accessed), as well as the user’s use of this website.
The external service provider might also collect information about visitors to the website and other websites using these tags, compile reports on website activity for https://eminence.ch/, and provide other services related to the use of the website and the internet.
Any dispute related to the use of the website eminence.ch is subject to the jurisdiction of the Courts of Geneva in Switzerland, subject to recourse to the Swiss Federal Supreme Court.
Eminence reserves the right to modify and/or supplement these terms and conditions at any time, and the governing language of the arbitration shall be French.
