Terms and conditions of use

Preamble and acceptance

This privacy policy for the website and social networks (the “Privacy Policy”) governs your relationship with the site, which is accessible at ‘www.cabinet-manaia.ch‘ (the “Website”) and with our pages available on the following social networks: Facebook and Instagram, all of which are managed by Manaia Law Firm (the “Firm”, “we”, “us”), whose registered office is at Chemin de Montolivet 1, 1006 Lausanne.

Please read this Privacy Policy carefully before using the Website and our social networking pages. This Privacy Policy explains how information about an identified or identifiable individual (“Personal Information”) is collected, used and protected. Your access to the Website and our pages available on social networks is conditional upon your acceptance of the Privacy Policy and your conduct in accordance with it.

By using the Website, you agree to be bound by this Privacy Policy and you consent to our collection, use and processing of your Personal Information in accordance with it. If you do not agree to the terms of this Privacy Policy, please do not use the Website or our social networking pages.

Where the processing of your Personal Data is based on your consent, you have the right to withdraw your consent at any time, provided, however, that such withdrawal :

• does not affect the lawfulness of any processing carried out prior to such withdrawal and based on your consent;

• may result in you no longer being able to use certain features of the Website or our pages on social networks.

2. Person in charge of the treatment

If you have any questions, please do not hesitate to contact us through the Contact Form available on the Website. We will be happy to answer them.

3. General principles

3.1 Our Website and our pages available on social networks contain the following information and allow us to provide the following services:

• information about the services offered by the firm,

• different ways to get in touch with us (contact forms, e-mail, telephone),

• links to other websites and social network pages.

3.2 This Privacy Policy sets out our policies and procedures relating to the collection and processing of Personal Information that you may provide to us by visiting our Website or our pages available on social networks or by using any of the services described in Section 3.1 above.

3.3 If you access our pages available on social networks, the information you provide will also be subject to the privacy policy of the relevant social network.

3.4 This Privacy Policy does not apply to offline services offered by the Firm.

4. Personal data we collect and the purposes of its collection

Collection sources

4.1 The Personal Data we collect through our Website and our pages available on social networks fall into two categories:

• Cookies(infra B.)

• Personal data that you transmit to us(infra C),

Cookies

What are cookies and what information do they collect?

4.2. Cookies are small data files that are sent from a website to your browser and stored on your device (computer or mobile device). Other tracking technologies, such as beacons, tags, and scripts (“Similar Technologies”), may also be used to collect and track information and to improve and analyze our Website.

4.3. Through the use of Cookies and similar Technologies, we may collect Personal Data when you visit our Website or our pages available on social networks. In particular, we may identify certain usage data when you browse or click on content.

4.4. The following information and Personal Data are collected through Cookies and similar Technologies:

• the IP address of the device that can connect to the Internet and request the connection,

• the date and time of the connection

• location, if enabled on the device

• the resources you access on the Website,

• the name and URL of the file accessed,

• the website/application from which the connection was established (referral URL),

• the browser you are using and, if necessary, the operating system of your device that can access the Internet, as well as the name of your access provider.

4.5. In order to control/limit the collection of this information, you can:

• if available, set your browser to refuse all Cookies and similar Technologies or to indicate when a Cookie or similar Technology is being used,

• delete Cookies and similar Technologies and clean your browsing data directly from your browser settings.

• Cookie management on : Chrome, Internet Explorer or Mozilla Firefox

If you do not accept certain Cookies or similar Technologies, you may not be able to access certain features of our Website.

4.6. List of Cookies and Similar Technologies we use:

• Session Cookies/Similar Technologies: Cookies/Similar Technologies used to operate the Website.

• Cookies/Similar preference technologies: Cookies/Similar technologies used that save your preferences and various settings.

• Cookies/Similar security technologies: Cookies/Similar technologies used for security purposes.

• Cookies/Similar technologies from external services: Cookies/Similar technologies used to provide an interactive service such as the contact form.

• Cookies/Similar analysis technologies: Cookies/Similar technologies (Google Analytics) used to measure the activity on the Website.

For what purpose do we collect information using Cookies (purpose)?

4.7. We use Cookies and similar Technologies that we collect in order to:

• authorize access to our Website,

• to make certain features of our Website available and to provide you with additional functionality,

• improve the Website and our pages available on social networks,

• speed up your research,

• ensure the security of the Website,

• collect statistical information anonymously about the use of the Website, in particular to measure the audience and usage patterns.

Reason for treatment

4.8. The purpose of implementing the foregoing is to maintain and monitor the performance of our Website and to continually improve the site and the services offered to our users. The ground on which we justify the processing of your Personal Data is Article 13 (1) and (2) DPA, respectively Article 6(1)(f) GDPR, which allows us to process Personal Data when such processing is necessary for the purposes of our legitimate interests.

Personal information you provide to us

What Personal Information do you share with us?

4.9. We collect Personal Information from you on a voluntary basis when, through our Website, you :

• fill in a form to get in touch with us (contact form).

4.10. This Personal Information may include your first and last name, telephone number, email address.

For what purpose do we collect this Personal Information (purpose)?

4.11. We use the Personal Information you provide for the following purposes:

• to allow you to participate in the interactive features of the Website when you so desire,

• to fulfill the purpose for which you provided us with the Personal Information.

Reason for treatment

4.12. The ground on which we justify the processing of your Personal Data is Article 13 para. 1 DPA, respectively 6(1)(a) GDPR, which allows us to process Personal Data when the data subject has given consent to the processing of his or her Personal Data.

5. Personal data collected by third parties (links to other websites or social media)

5.1. This Privacy Policy does not cover how your Personal Information is handled by third parties when we link to their websites. We encourage you to read the privacy policies of other websites you visit.

5.2. Our Website and our pages available on social networks may contain links that direct you to social networks such as Facebook, YouTube and LinkedIn (the “Social Network”), as well as to other websites, in order to allow you to access the content available on those platforms. When you access the Social Network or another website through our Website or one of our pages available on a social network, the responsibility for complying with applicable data protection requirements lies with the relevant service provider.

5.3. When you connect to a Social Network or website, your browser connects directly to the server of the relevant service provider. Through this connection, the Social Network or website receives the information accessed by your browser on the corresponding page of our Website or on our company page available through a Social Network, even if you do not have an account with the Social Network or are not logged in to it. This information (including your IP address) is transmitted from your browser directly to the service provider’s server and stored there. If you are logged into your account with the relevant Social Network, the Social Network may immediately link your visit to our Website or our page available on a Social Network to your account. If you interact with our Website or our company page available from a Social Network, for example by clicking on the “Like” or “Share” icon, this information will also be transmitted directly to the server of the Social Network’s service provider and stored there.

5.4. Please refer to the privacy policy of the relevant Social Network or website for any information in relation to the purpose and scope of the collection of Personal Data by the relevant Service Provider, the further processing and use of such Personal Data by the relevant Service Provider, as well as the rights related thereto and the adjustment possibilities to enable the protection of your Personal Data.

6. Communication of your personal data to third parties

6.1. We may provide access to the Personal Information you have provided to us through our Website or social networking pages to certain independent contractors and affiliates to assist us in the operation of such Website or company pages. To date, these co-contractors are as follows:

• Host of the computer data: Infomaniak Network SA, Rue Eugène-Marziano 25, 1227 Geneva;

6.2. We take all necessary steps to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy and applicable law. All of our contractors are committed to protecting Personal Information using procedures similar to ours, unless otherwise provided in this Privacy Policy.

6.3. The purpose of sharing your Personal Information with the above-mentioned third parties is to conduct our business and to maintain and seek to continually improve our Website and the services offered to our users. The ground on which we justify the processing of your Personal Data is Article 13 (1) and (2) DPA, respectively Article 6(1)(f) GDPR, which allows us to process Personal Data when such processing is necessary for the purposes of our legitimate interests.

7. Communication of your personal data to the authorities

7.1. We may disclose your Personal Information (including your communications) if we consider it necessary for security reasons, to investigate a potential breach or other violation of this Privacy Policy and/or to prevent harm to other users of our Website or pages available on social networks. As a result, we may need to disclose your Personal Information to investigate, respond to, or resolve a complaint or dispute in connection with our Website or one of our company pages available on a social network.

7.2. We may be required to disclose your Personal Data when required to do so by law or when we have a good faith belief that such disclosure is necessary to:

• To investigate, prevent or take action in relation to potential or actual illegal activities or to assist the administrative enforcement authorities,

• investigate and defend us against a third party complaint or allegation,

• protect the security and integrity of our Website or our social networking pages, or

• exercise and protect the rights and safety of our users, employees or others.

7.3. We attempt to notify users of third party requests for their Personal Data where this is appropriate in our view and where it is technically feasible to do so, except where we are prohibited from doing so by law or by a court order or where the request is urgent. We may challenge such requests where, in our sole discretion, we consider it to be too broadly worded, too vague or unfounded, but we do not guarantee to challenge any request.

7.4. The purpose of sharing your Personal Data with the aforementioned authorities is to fulfil our obligation under Article 13 para. 1 DPA, respectively Article (6)(1)(c) GDPR, which allows us to process Personal Data where such processing is necessary to comply with a legal obligation to which we are subject.

8. No disclosure of your Personal Information for commercial purposes

8.1. We do not sell your Personal Information to third parties. We do not share or otherwise make available your Personal Information to third parties, except as otherwise provided in this Privacy Policy.

9. Transborder communication of personal data

9.1. If, as a result of certain services provided by third parties, we are required to transfer your Personal Data to one of their databases outside the European Economic Area, potentially to a state that does not have a level of personal data protection comparable to that prevailing in Switzerland or the European Economic Area, unless otherwise provided for in this Privacy Policy, we undertake to enter into an agreement with the third party service provider to ensure an adequate level of protection for your Personal Data.

10. Protection of your personal data and notification of a personal data breach

10.1. We will use commercially reasonable means to prevent any exposure or disclosure of your Personal Information. In particular, we implement and maintain measures (including administrative, physical, and technical measures) to manage instances of unauthorized disclosure or exposure of your Personal Data.

10.2. In the event of an actual or suspected breach of Personal Information, we will (i) use our best efforts to notify you promptly, where technically feasible and at (ii) cooperate with you in investigating and resolving the breach, including, but not limited to, providing you with reasonable assistance in notifying aggrieved third parties. We will provide you with access, without delay and upon reasonable request, to our records relating to the breach of your Personal Information, provided that this does not give you access to records that belong to other users or that could compromise their security.

10.3. In the event of an actual or suspected breach of Personal Data, we undertake to notify the competent authority under the applicable law.

11. Management of your personal data (your rights)

11.1. Right to access, update and delete your Personal Data: To the extent possible, you may access, update or request the deletion of your Personal Data by contacting us through the Contact Form.

11.2. Right of rectification: You have the right to obtain rectification of Personal Information about you if it is inaccurate or incomplete.

11.3. Right to object: You have the right to object to the processing of your Personal Data.

11.4. Right to limit processing: You have the right to obtain a limitation of the processing of your Personal Data.

11.5. Right to Personal Data Portability: You have the right to obtain a copy of your Personal Data in a structured, commonly used and machine-readable format.

11.6. Right to withdraw consent: You have the right to withdraw your consent at any time where the processing of your Personal Data is based on it.

11.7. Right to complain to an authority: You have the right to complain to a data protection authority about the collection and use of your Personal Data. For more information, please contact the locally competent data protection authority within the European Economic Area (EEA) or Switzerland.

11.8. We may ask you to prove your identity before responding to a request based on the above rights or otherwise related to your Personal Information.

12. Retention of your personal data

12.1. We retain the Personal Data you provide to us to the extent required by your access to and use of our Website and our company pages available on social networks, as well as the features found therein (such as our contact forms), as well as to the extent required to comply with our legal obligations (e.g., if we are required to retain your Personal Data under applicable law), to resolve a dispute, or to enforce agreements we have entered into and our internal regulations.

12.2. The retention period of cookies depends on their purpose and is always the same regardless of who the personal data concerns.

12.3. We reserve the right to retain data in de-identified (i.e., anonymous) form after your Personal Data has been deleted.

13. Security of your Personal Data

13.1. The security of your Personal Information is important to us. However, no method of communication over the Internet or method of electronic storage can guarantee 100% security. Accordingly, while we endeavor to use commercially acceptable technical and organizational means to protect your Personal Information, we cannot guarantee its absolute security.

14. Personal data relating to children

14.1. We do not provide services specifically for children and we do not proactively collect Personal Information from children.

15. Changes to this Privacy Policy

15.1. We may change this Privacy Policy at any time by posting a new version on this page or on a deeper page without prior notice. In this case, you will be informed by a notification on the homepage of our Website. By continuing to access or use our Website or our company pages available on social networks after this change becomes effective, you agree to be bound by the revised Privacy Policy. If you do not agree to these changes, please do not use our Website and our company pages available on social networks.

15.2. We will always treat your Personal Information in accordance with the Privacy Policy in effect at the time of collection.

15.3. The new version of the Privacy Policy is effective as of the date of its publication, with the day mentioned at the top of this Privacy Policy being the effective date.

16. Miscellaneous

16.1. Our failure to enforce any term or provision of this Privacy Policy shall not be construed as a waiver of such term or provision.

16.2. If any provision of this Privacy Policy is found to be invalid or unenforceable by a court of law, the remaining provisions of this Privacy Policy will not be affected in any way.

16.3. This Privacy Policy constitutes the entire agreement between us and you with respect to the privacy policy of our Website and our pages available on social networks. It supersedes any prior agreement we may have in connection with the privacy policy of our Website and our company pages available on social networks.

17. Question or complaint?

17.1. Please feel free to contact us via the Contact Form if you have any questions about this Privacy Policy.

17.2. Please note your right to file a complaint with the supervisory authority if you consider that your Personal Data is not being processed in accordance with this Privacy Policy or applicable law.