Legal Notice

Legal notice and Terms of Use for the website and services provided by ZIP.ch SA

1. Scope

This Legal Notice and these Terms of Use apply to the use of the online platforms of ZIP.ch SA (referred to below as "ZIP.ch") and its partners and all the services ZIP.ch provides. The use of third party websites and services affiliated with ZIP.ch's online platforms may be subject to the terms and conditions of the particular partner concerned. By using the ZIP.ch Website, the user (referred to below as "the user" or "you") accepts this Legal Notice and these Terms of Use.

2. Services provided by ZIP.ch

2.1. General Points

ZIP.ch provides the user with a range of services via its online platform (including its mobile iOS and Android applications) free of charge. The content and form of these services may be modified, expanded or suspended at any time. ZIP.ch also provides paid services through its online platforms and may, at any time, employ the services of third parties to ensure their delivery.

2.2. Registration data

Some services may require the user to complete a registration process. During the course of this process, ZIP.ch stores personal data (see Section 5, Data Protection below). The user is required to ensure that the data they provide in this respect is accurate and complete, and must also take steps to ensure it is updated straight away when necessary.

The user is solely responsible for their registration data and, by consequence, for the personal information they provide. ZIP.ch takes steps to prevent potential fraudulent activity by third parties in this regard. However, ZIP.ch cannot be held responsible for the consequences of unauthorized activity (Data Protection: see Section 5 below).

ZIP.ch has the right to terminate the user's registration at any time and without justification.

2.3 Storage and publication of published content

ZIP.ch provides its users with tools that enable them to edit content – such as descriptive texts, reviews, videos, images and any other supplementary item or information suitable for addition to the basic listing information contained in the Swiss directories. Such content is the property of the user. Every submission of content constitutes an instance of use via which the user accepts the Terms and Conditions of ZIP.ch currently in effect.

3. User obligations

The user agrees not to engage in any illicit activity and to use the services available in conformance with the ZIP.ch Terms of Use and Legal Notice set out here. For example, it is strictly prohibited to introduce data containing a computer virus into the system, or to obstruct, in any manner whatsoever, access to the services for other users. The user acknowledges that the content and information (addresses, URL, logos, etc.) used on the ZIP.ch website are protected by third party rights legislation.

The user agrees to keep their login details (username and password) confidential and use them carefully and cautiously. ZIP.ch cannot be held responsible for any misuse of this login data or damages resulting from non-compliant or fraudulent access. If the user becomes aware of any illicit offers or other types of abuse on ZIP.ch, they should immediately inform the ZIP.ch team via the online contact form.

The user agrees to abide by netiquette and not to publish content that violates any applicable Swiss legislation currently in force. The user must endeavour not to publish any content that is racist, threatening, incites violence, is pornographic or obscene, or constitutes an attack on the personality or reputation, or infringes the copyright of, a third party.

ZIP.ch has the right to block, delete or refuse to place online any content that infringes these rules, immediately and without warning. Under such circumstances, ZIP.ch has the right to prohibit the user from submitting any further content.

4. Updating of data

ZIP.ch endeavours to use accurate and up-to-date data. The user acknowledges, however, that this data may sometimes contain errors or incomplete information. ZIP.ch does not accept any responsibility in case of error or for any consequences arising as a result. Any errors that occur can, however, be reported via the online contact form.

5. Data protection and personal privacy

ZIP.ch attaches great importance to data protection and personal privacy and adheres to the Swiss data protection law with respect to the processing of such data. Certain types of user data may, therefore, be collected when users visit ZIP.ch's online platforms or use its services.

In particular, ZIP.ch collects and stores:

User data that users themselves provide at registration in their My Account space (e.g. personal data, and settings specific to the service). This information can be checked and verified – and modified if incorrect – at any time in the user's My Account space

User data generated in the course of using the services (e.g. information about the duration and frequency of use of a service)

User data produced when using ZIP.ch's online platforms (e.g. pages viewed and information relating to how the user reacts to offers from ZIP.ch and/or third parties displayed on the ZIP.ch website, etc.)

Anonymous data associated with the various technical processes involved in the operation of ZIP.ch's website and online services (IP protocol).

Personal and other types of data that users provide when participating in special promotions, such as competitions or online surveys for example

Data relating to users' reactions to offers sent to them by email, in the post, or via their My Account space.

ZIP.ch may pass or disclose user data to partner companies, third party suppliers, or data processing specialists located in Switzerland or abroad. ZIP.ch may, therefore, give such entities responsibility for processing this data, especially the data relating to the execution of contractual obligations, the monitoring and development of the customer service provision, billing, and the promotion of personalized special offers.

It is worth noting, however, that the legislation in force in other countries does not always offer the same level of protection as that of Switzerland with respect to the processing of data.

6. Cookies/Google Analytics

In order to improve its services, ZIP.ch collects tracking data that provides information about users' navigating behaviour. This tracking data does not provide any information about the individual user themselves. It is thus not possible to identify individuals using this data.

6.1 Data protection with Google Analytics

The ZIP.ch website (and its mobile applications) uses Google Analytics. Google Analytics is a service provided by Google Inc. ("Google"). Google makes use of "cookies": small text files that are stored on your computer and through which your use of the website can be tracked and analysed. The information about your use of the website (including your IP address) produced by the cookies is transmitted to a Google server in the United States, where it is stored. Google then deletes the last three characters of the IP address. This makes precise identification of the IP address no longer possible. Google applies the data protection provisions of the "US Safe Harbor" agreement and is registered with the United States Department of Commerce's "Safe Harbor" scheme.

Google subsequently uses this information to analyse your use of the website in question and compile reports about its activity that are intended for use by the website owner/operator. Google also uses this information itself in order to provide other services linked to the use of the website and the internet, and passes it to third parties if required to do so by law, or in order for the data to be processed by third parties.

Third parties, including Google, place advertisements on websites. Third parties, including Google, use stored cookies in order to place advertisements in a way that takes into account previous visits the user has made to this website.

By using this website, you declare that you agree for the data collected about you by Google to be processed in accordance with the procedure and for the purposes described above.

6.2 Use of cookies

We use cookies to enable us to improve our website and to find out which pages have been visited. These cookies are completely anonymous and do not contain any personal data about you. Cookies also make it possible to display content and advertising adapted to your interests, especially in terms of

Identifying repeat users for statistical purposes;
Logging registered users in automatically (where the express consent of the user to do so has been obtained at registration);
Displaying content and advertising that matches your interests;
Creating groups of anonymous users based on shared interests (clusters);
Compiling statistical information to enable us to better match our services to users' interests.

Cookies make it possible to identify users' interests by providing information about, for example:

The popularity of different articles
Frequency of use (the number of pages viewed in a day).

You can prevent cookies being stored by changing the appropriate setting in your browser. However, if you do decide to do this, please be aware that you may then not be able to access certain features of the website. As a third party, Google uses cookies in order to publish advertisements on the ZIP.ch website.

Via its use of DART cookies, Google is able to publish advertisements in a way that takes into account the visits users' have made to the ZIP.ch website and to other websites.

Users can learn how to deactivate DART cookies by consulting the section of Google's Privacy & Terms relating to Google advertisements.

7. Copyright, intellectual property and responsibility

All the content available on the ZIP.ch website is copyright protected (all rights reserved). The user is granted the non-transferable and exclusive right to use the services provided by ZIP.ch. ZIP.ch or its partners retain all intellectual property rights, whether pre-existing or newly created, over the services provided.

The downloading and printing of online content published on the ZIP.ch website is authorised only for personal, non-commercial use, and on condition that references to copyright and any other legally protected designations remain always visible.

The reproduction, transmission (either electronically or by any other means), modification or publishing online, in whole or part, of the online pages of ZIP.ch for public or commercial purposes is strictly prohibited without the prior written agreement of ZIP.ch.

Finally, ZIP.ch is not responsible for content published by other users on its webpages or the content of other websites, including affiliated ones. The user agrees to completely exempt ZIP.ch from any claims by third parties arising from their (the user's) abusive use of data or services on the ZIP.ch website, or caused by content they (the user) are responsible for publishing.

8. Guarantee of availability

ZIP.ch endeavours to guarantee the accessibility and availability of its online platforms. However, it is impossible to guarantee that the services provided will always remain completely free from interruption or temporary loss of service. Within the limits provided for by the legislation in force, ZIP.ch is exempt from all responsibility towards the user or any third parties.

9. Languages of the Legal Notice and Terms of Use

This Legal Notice and these Terms of Use are available in French. ZIP.ch also provides a German translation of the documents, for information purposes only. In case of translation-related contradictions, the French version, as the original, takes precedence.

10. Final provisions

ZIP.ch is liable to change and develop over time and may therefore modify this Legal Notice or these Terms of Use at any time. Unless informed otherwise, any modifications will be effective from the moment of publication on ZIP.ch's online platforms. In case of non-compliance with the Legal Notice/Terms of Use, the user may be prohibited from accessing ZIP.ch's online services. Should one or more provisions prove to be null or void, this will have no effect on the validity of the other dispositions. This Legal Notice and these Terms of Use are governed by Swiss law. The place of jurisdiction is the location of the company's headquarters (Geneva).

ZIP.ch, December. 2016