I. Terms of use

 

Website description

The website www.adler.ch (the “Website“) is owned and operated by Adler Joailliers SA, located at 23, rue du Rhône, 1204 Geneva, Switzerland (“Adler“).

The Website aims to present pieces of fine jewellery to the user of the Website (the “User“), to inform and to allow the User to contact Adler.

 

Use of the Website

These terms of use (the “Terms of Use“), applicable regardless of the means or medium used to access to the Website, govern the use of the Website.

By accessing, browsing or otherwise using the Website, the User acknowledges that he has read and understood these Terms of Use and agrees to be bound by them and to comply with all applicable laws and regulations. The User guarantees that he has the legal capacity to accept these Terms of Use.

If the User does not accept these Terms of Use, he must immediately stop accessing and/or using the Website.

 

Limitation of liability

The use of the Website is at the sole and exclusive responsibility of the User. In particular, the User is responsible to comply with local legal provisions.

Adler provides no guarantee with respect to the Website. In particular, Adler does not guarantee that the Website is free of virus or that it is accurate, complete or up-to-date. Adler cannot be held liable for any damage of any nature whatsoever related to the use of the Website. Adler also does not guarantee that the Website will be accessible at all times and expressly reserves the right to cease operations and terminate the Website at any time without notice.

To the fullest extent permitted by law, Adler disclaims all guarantees and liabilities with respect to the Website and its content.

Adler provides no guarantee with respect to the Website and its content, including the availability, accuracy or legal compliance of the information contained therein. Adler will not verify, update or correct this type of information. Adler does not guarantee the conformity of the pictures of the high-end jewellery items on the Website with the original models found in its shops.

 

Links to external sites

The Website may contain links to other websites operated by third parties.

The inclusion of a link to third parties’ websites does not imply any endorsement by Adler of the content of these websites or any form of association between Adler and operators of these websites. The User consults these websites at his own risk.

 

Intellectual property

The Website is protected according to intellectual property rules. In particular, the User acknowledges and agrees that the Website, the trademark Adler, the company name Adler Joailliers SA, the logos, distinctive signs, images and products appearing on the Website are the exclusive property of Adler.

No license or right of use is granted to the User, in particular for commercial purposes. The right to download, copy and print all or part of the Website for the personal and private use of the User is reserved.

The display or broadcasting of the Website on another website for any purpose whatsoever is prohibited. Any link to the Website from another website is prohibited without the prior written consent of Adler.

The waiver by Adler to enforce its rights, in particular its intellectual property rights, further to a breach of a provision of the Terms of Use shall not be construed as a waiver of this provision or these rights and shall not affect in any way whatsoever the validity of the Terms of Use, or be construed as a waiver of another breach.

Nothing in these Terms of Use constitutes a transfer of intellectual property rights.

 

II. Privacy policy

 

Scope of application

This section applies to personal data collected online, in particular via the Website and for sending the newsletter. It sets out the conditions under which Adler collects, stores, uses and saves personal data concerning the User.

 

Personal data collected by Adler

When the User browses the Website, Adler uses automated data collection technologies to collect certain information about the User’s actions, in particular IP addresses and domain names accessed by the User, the addresses contained in the URLs of the requested resources, the time of the request, the method used to send the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server and other parameters relating to the User’s operating system and computer environment. This data is only subject to statistical analysis for the purpose of improving the Website and generally to carry out Adler’s activities.

When sending a request to Adler through the Website or by any other means of communication, sending an e-mail to Adler, or registering for Adler’s services, the User may be required to transfer personal data to Adler. Personal data may also be collected indirectly by Adler through other external sources, in particular public sources (e.g. publications or databases). Personal data includes but is not limited to:

  • identification data (e.g. surname, first name(s), telephone number(s), postal, or e-mail address);
  • professional information (e.g. employment, or curriculum vitae);
  • personal information (e.g. date of birth, or marital status);
  • financial data (e.g. bank details).

In general, Adler processes and collects personal data in the course of its business activities, including the fulfilment of its legal or regulatory obligations (the “Purposes“) and according to the legal provisions set out below:

  • the processing of personal data in order to offer to the User the requested services;
  • the processing of personal data necessary for the performance of a contract concerning the User (e.g. purchase of an Adler product, or repair of such product);
  • the processing of personal data in connection with the fulfilment of legal and regulatory obligations or the execution of a public interest mission to which Adler is subject (e.g. in the field of the fight against money laundering and terrorist financing);
  • the processing of personal data for the purpose of fulfiling legitimate interests pursued by Adler (e.g. developing the business relationship, or improving Adler’s internal organisation).

If the User has given Adler his express consent, Adler may collect and process his personal data for other Purposes, in particular:

  • invite the User to events organized by Adler;
  • send to the User newsletters and/or offers of Adler products or services; and
  • for any other Purpose for which the User has given his consent.

The User may withdraw his consent at any time. However, his consent remains valid for any processing of personal data carried out prior to the withdrawal of his consent.

When the User authorizes a third party social network (such as Facebook, Instagram, etc.) to share personal data with Adler, Adler may receive any personal data which the User publicly shares on the social network, which is part of his profile, or which he authorizes the social network to share (e.g. name, email address, gender, profile image, friends or contacts list, or preferences).

 

Use of cookies

The User’s personal data is collected by cookies to collect information about how the User uses the Website in order to enable Adler to improve it.

A cookie is a set of information that a browser can store on the User’s hard drive that helps the Website to find information about the User’s preferences. The User can configure his browser to refuse all cookies and to indicate when a cookie is sent. You can disable them through your browser’s security settings. Some parts of the Website may not function properly if the User refuses cookies.

The issuance and use of cookies by third party social networks is not under Adler’s control and the User should refer to the privacy policies of such third parties to determine how their cookies work.

For more information regarding cookies: allaboutcookies.org and youronlinechoices.com.

 

Google Analytics

Adler uses in particular Google Analytics to anonymously track usage and activity on the Website. Google Analytics is a web analytics service provided by Google LLC (“Google“). Google Analytics uses cookies to analyze how the User uses the Website. The User can consult the website https://policies.google.com/technologies/partner-sites?hl=en to find out how his collected personal data is used by Google. The User may refuse the use of these cookies by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout?hl=enA opt-out cookie will be activated on the User’s computer to prevent future collection of personal data. Additional information on terms of use and privacy is available on the website https://www.google.com/analytics/terms/us.html or https://policies.google.com/?hl=en&gl=uk

 

AddThis

On our Website, social network sharing features (“plug-ins“) are integrated by the AddThis bookmarking service, operated by Oracle America Inc., 500 Oracle Parkway, Restwood Shores, CA 94065, USA (“AddThis“). Cookies from AddThis allow the User to share content from the Website with other people or to let them know his consultation or opinion regarding content from the Website via sharing buttons. The issuance and use of these cookies is not under Adler’s control. The User can deactivate AddThis by following the instructions given on http://www.addthis.com/privacy/opt-out.  Additional information on terms of use and privacy is available at https://www.addthis.com/privacy/privacy-policy/.

 

Sharing of personal data and transmission abroad

Adler may share the personal data provided by the User with its subcontractors to perform operations related to the Website or Adler’s activities, in particular by managing, hosting or maintaining the Website, sending the newsletter, monitoring and analyzing the status of the network.

Adler may also disclose User’s data to third parties if required by law or at the request of a judicial or administrative authority and to protect Adler’s rights or interests.

The data will mainly be processed in Switzerland or in the European Union. If Adler had to use a foreign service provider, Adler would obviously comply with the applicable legal framework and adopt the measures required by law before disclosing personal data abroad.

 

Data security

Internet is an open network accessible to anyone and does not offer a secure environment. Adler uses standard technologies and security measures, rules and other procedures to protect personal data from unauthorized access, illegal or improper use, disclosure, loss, destruction or damage. Personal data may be stored on Adler’s technological systems or paper files or on those of Adler’s subcontractors.

It is the User’s personal responsibility to ensure that the computer and telephone used are properly secured and protected against malicious software such as Trojans, computer viruses and worms. The User is aware that without adequate security measures (including secure web browser configuration and up-to-date anti-virus software), there is a risk that data and passwords used to protect access to his data may be disclosed to unauthorized third parties.

 

Length of data retention

In principle, Adler retains personal data as long as Adler needs it to achieve the Purposes or until the User withdraws his consent, provided that Adler is not legally required or permitted to continue to hold such personal data (e.g. to establish, exercise and/or defend rights in legal proceedings, investigations, or similar proceedings).

 

Contact and data rights

For any questions regarding these Terms of Use, the User may contact the Data Protection Officer at the following e-mail address dpo@adler.ch or by mail at the following address: Data Protection Officer, Adler Joailliers SA, 23, rue du Rhône, 1204 Geneva (Switzerland).

The User has the following rights at all times, subject to the limitations provided for by applicable regulations:

  • the right to access and obtain a copy of his personal data;
  • the right to have his personal data rectified or to request his personal data to be deleted if it is inaccurate or incomplete;
  • the right to request the erasure of his data when it is no longer necessary for the purposes for which it was collected or processed or when the concern person withdraws the consent necessary for the processing;
  • the right to object on legitimate grounds to the processing of personal data;
  • the right to request a limitation on the processing of personal data, and
  • the right to file a complaint to the supervisory authorities concerning the processing of personal data.

 

III. Final provisions

 

Terms of Use updates

Adler reserves the right to make any changes to these Terms of Use at its sole and absolute discretion.

The fact that the User continues to use the Website after such change, whether or not having expressly accepted the new Terms of Use, will constitute his agreement to such change. If the User does not accept such change, he has no right to obtain information or access the Website, and must immediately stop using it.

The User is responsible for regularly checking these Terms of Use in its current version. An updated version of these Terms of Use may be obtained at any time on the Website.

 

Interpretation

A version of this text is available in English. However, the French version prevails in the event of a difference in interpretation.

 

Jurisdiction and applicable law

Any dispute related to the use of the Website and/or these Terms of Use shall be governed by Swiss law, to the exclusion of conflict of laws rules.

Any dispute related to the use of the Website and/or the Terms of Use shall be subject to the exclusive jurisdiction of the courts of the canton of Geneva (Switzerland).

 

Date of issue: 16th of October 2018