PRIVACY POLICY

Of the website www.s-w-a-r.fr

Applicable from December 15, 2022

 

PREAMBLE 

This privacy policy informs you of how SWAR uses and protects the information you transmit to us, if applicable, when you use this site accessible from the following URL: http://www.s-w-a-r.fr/ (hereinafter the “Site”).

Please note that this privacy policy may be modified or supplemented at any time by SWAR, in particular in order to comply with any legal or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications commit the Internet user as soon as they are put online. The Internet user should therefore regularly consult this privacy policy in order to be aware of any changes.

 

 

ARTICLE 1.   PARTIES

This privacy policy is applicable between the publisher of the Site, namely SWAR, hereinafter "SWAR", and any person connecting to the Site, hereinafter "the Internet user".

 

ARTICLE 2.   DEFINITIONS

“Site Content”: elements of all kinds published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

“Internet user”: any person connecting to the Site.

“Site”: website accessible at the URL www.s-w-a-r.fr as well as the sub-sites, mirror sites, portals and URL variations relating thereto.

 

ARTICLE 3.   SCOPE

The Site is free to access. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions.

The Internet user acknowledges by the same fact that he has read them fully and accepts them without restriction.

These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.

Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity

 

ARTICLE 4.   PERSONAL DATA

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR ”), SWAR provides you with the following information:

 

4.1  Identity of the controller

The person responsible for collecting and processing data is SWAR, whose head office is located at 22 Avenue des Alpes, 2000 Neuchâtel, Switzerland, represented by Julien Robert, sellwithar@gmail.com.

 

 

4.2  Data collection by SWAR

4.3.1      Data collected

4.3.1.1  Data collected during browsing

When browsing the Site, you consent to SWAR collecting information relating to:

• your use of the Site;
• the content you view and click on;
• to your device used and your software environment;

-       to tracers, web beacons, web storage, unique advertising identifiers.

 

 

4.3.1.2  Data collected when using the contact form

The use of the contact form by the Internet user implies the collection by SWAR of the following personal data:

• Last name ;
• First name ;
• E-mail address ;

-       Telephone number.

 

 

4.3.1.3  Data collected during registration on the Site

The use of the registration form by the Internet user implies the collection by SWAR of the following personal data:

• Last name ;
• First name ;
• Telephone number;
• Address ;
• Photography ;

-       E-mail address.

 

4.3.1.4  Data collected when registering for the newsletter form

The use of the newsletter form by the Internet user implies the collection by SWAR of the following personal data:

-       E-mail address.

 

4.3.2      Puporses of collecting personal data

The data collected during navigation is subject to automated processing for the purpose of:

• develop, operate, improve, provide and manage the Site;
• verify the identity of the Internet user;
• avoid any illicit and illegal activity;
• ensure and improve the security of the services;
• enforce the conditions relating to the use of the site.

 

The data collected when using the contact form is subject to automated processing for the purpose of:

• provide a detailed response to the Internet user;
• send information and contact people, including by email, telephone and push notification;
• target advertising content;

 

 

The data collected during the creation of a member space is subject to automated processing for the purpose of:

• verify the identity of the Internet user;
• communicate with the Internet user;
• register the Internet user and provide the service;
• ensure and improve the security of the services;
• avoid any illicit and illegal activity;
• contextualize and improve the Internet user's experience;
• target advertising content;
• enforce the conditions relating to the use of the Site.

 

 

The data collected when using the newsletter form is subject to automated processing for the purpose of:

• send a newsletter;
• send commercial proposals;
• target advertising content.

 

4.3.3      Legal bases for processing

 

The data collected during navigation has as a legal basis the legitimate interest of SWAR, namely to carry out an analysis of behavior on the Site and to obtain improved security and operation of the Site. With regard to data resulting from the installation of certain cookies, the Internet user is invited to refer to SWAR's cookie policy [link to cookie policy].

The data collected when using the contact form has the legal basis of the consent of the persons concerned.

The data collected during the creation of a member space has a legal basis in a contractual relationship.

The data collected when using the newsletter form has the legal basis of the consent of the persons concerned.

 

 

4.3.4      Internal data recipients

The data collected can only be viewed by members of SWAR's management, as well as by the staff responsible for managing the website, and is never made freely viewable by a third-party natural person.

 

 

 

 

 

 

 

 

4.3.5      Duration of retention of personal data

The personal data collected during navigation is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of the consent of the persons concerned.

The personal data collected when using the contact form is kept for a reasonable period necessary for the proper management of the Internet user's request, and for a maximum of 12 months.

The personal data collected during the creation of a member space is kept for the duration of the contractual relationship.

The personal data collected when using the newsletter form is kept for the duration of the relationship until unsubscription.

At the end of each of these periods, SWAR will archive this data and keep it for the time during which its liability may be called into question.

After this retention period, SWAR undertakes to permanently delete the data of the persons concerned.

 

 

4.3.6      Security and confidentiality of personal data

Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.

 

4.3.7      Minimization of personal data

SWAR may also collect and process any data transmitted voluntarily by an Internet user, in particular when sending an email to the contact address.

SWAR guides Internet users as much as possible when they provide useless or superfluous personal data.

SWAR undertakes to keep and process only the data strictly necessary for its activities, and will delete any non-useful data received as soon as possible.

 

4.3  Respects for rights

You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: sellwithar@gmail.com.

 

4.3.1  Right to information, access and communication of data

You have the possibility to access the personal data that concerns you.

Due to SWAR's obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your identity document. valid identity (if requested by email) or a signed photocopy of your valid identity document (if requested in writing), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at … on …”, followed by your signature.

To help you in your approach, you will find here a model letter developed by the CNIL.

 

 

4.3.2  Right to rectification, deletion and right to be forgotten

You have the possibility to request the rectification, updating, blocking or even the deletion of your personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

You can also define general and specific directives relating to the fate of personal data after your death. If necessary, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.

To help you in your approach, you will find here a model letter developed by the CNIL.

 

4.3.3  Right to object to data processing

You have the possibility to object to the processing of your personal data.

To do so, you should send an email to the following address: sellwithar@gmail.com. In this email, you will need to specify the data you wish to see deleted as well as the reasons justifying this request, except in the case of commercial prospecting.

 

4.3.4  Right to restriction of processing

You have the right to request that the processing of your personal data by SWAR be restricted. Thus, your data can only be kept and no longer used by SWAR.

 

4.3.5  Withdrawal of consent

You can withdraw your consent at any time by sending an email to sellwithar@gmail.com and justifying your identity. This withdrawal will lead to the deletion of personal data concerning you.

The services requiring the processing of your data by SWAR will however no longer be accessible.

 

4.3.6  Response times

SWAR undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from receipt of your request.

 

 

4.3.7      Complaint to the competent authority

If you consider that SWAR is not respecting its obligations with regard to your personal information, you can address a complaint or a request to the competent authority. In France, the competent authority is the Cnil to which you can send a request here.

 

 

4.1.     Transfert of collected Data

 

4.1.1. Transfert to partners 

www.s-w-a-r.fr uses authorized service providers to facilitate the collection and processing of data from its Buyers. These service providers may be located outside the European Union.

www.s-w-a-r.fr uses the following subcontractors:

 

Directory of subcontractors
Partner	Destination country	Treatment carried out	Warranties
Amazon Web Services	USA et France	Website Hosting	https://d1.awsstatic.com/legal/privacypolicy/AWS_Privacy_Notice__French_Translation.pdf
Vrinsoft Technology	USA	Website development and management	https://www.vrinsofts.com/privacy.html
Gmail	USA	E-mail sending service	Clause contractuelle type https://policies.google.com/privacy/frameworks
Stripe	Irlande	Payment service	Clause contractuelle type https://stripe.com/en-gb-ch/privacy
SendInBlue	France	E-mail sending service	Clause contractuelle type https://fr.sendinblue.com/legal/privacypolicy/
Linkedin	USA	Management of people’s reviews on products, services, or content.	https://www.linkedin.com/legal/privacy-policy
Facebook	USA	Management of people’s reviews on products, services, or content.	https://www.facebook.com/policy.php
Twitter	USA	Management of people’s reviews on products, services, or content.	https://twitter.com/fr/privacy
Instagram	USA	Management of people’s reviews on products, services, or content.	https://help.instagram.com/519522125107875
Google Analytics	USA	Development of commercial statistics to generate reports on the interactions of Internet users.	Clause contractuelle type https://policies.google.com/privacy/frameworks

 

 

4.1.2. Transfer on requisition or judicial decision

The Buyers also consent to www.s-w-a-r.fr communicating the data collected to any person, at the request of a state authority or by judicial decision.

 

4.1.3. Transfer as part of a merger or acquisition

If www.s-w-a-r.fr is involved in a merger, a sale of assets, a financing transaction, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Buyers agree that the data collected are transmitted by www.s-w-a-r.fr to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of www.s-w-a-r.fr.

 

 

 

 

ARTICLE 5.      INTELLECTUAL PROPERTY

 

5.1.     Legal Protection of Site Content

The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of www.s-w-a-r.fr or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable give rise to legal proceedings for infringement.
 

5.2.     Contractual protection of site content

The Internet user undertakes contractually with regard to www.s-w-a-r.fr not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

 

ARTICLE 6.      FINAL STIPULATIONS

 

6.1.     Applicable right

These general conditions are subject to the application of French law.

 

6.2.     Changes to these Terms and Conditions

These general conditions may be modified at any time by www.s-w-a-r.fr. The general conditions applicable to the Buyer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.

6.3.     Wholeness

The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object of these presents.

 

6.4.     Non-waiver

The absence of exercise by www.s-w-a-r.fr of the rights which are granted to it by the present can in no way be interpreted as a renunciation to assert the said rights.

 

6.5.     Languages of these general conditions

These general conditions are offered in English. In case of contradiction between the different versions, the French version will prevail.

 

6.6.     Unfaire terms

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer

 

ARTICLE 7.   DISPUTES

 

7.1  Applicable law

This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.

 

7.2  Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties must be submitted to an approved mediator.

 

7.3  Arbitration

Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the Fast Arbitre rules of the Digital Institute of Arbitration and Mediation.