Общие положения и условия и политика конфиденциальности
- These Conditions shall apply to all Contracts. This includes supplemental and complementary orders, and consultancy services.
- All other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document are excluded.
- Additional agreements, supplements and amendments must be in written form. This applies to amendments to the Written Form clause. Verbal agreements are not made and are invalid.
- The basis of the transaction is the implementation of the contractually agreed service and not the success of, or results transpiring from the service. Subsequent amendments and additions to the order at the request of the client are deemed as being an amendment to the contract and will be invoiced separately.
- In all cases, except when express prior agreement is made in writing, the client recognises and accepts that the methods and practices used by iGENEA AG to fulfil the order in question are correct.
- Placing an order entitles the client to receive duplicate copies of the report. A right to interpretation of the results exists only within the provisions of the existing agreement.
- Notified delivery times begin on the date that the complete order placement is finalised. Subsequent amendments or additions to the order will result in the delivery time being extended accordingly.
- We retain the right to extend the delivery time due to acts of nature that are beyond our control. Furthermore, we retain the right to extend the delivery time due to other hindrances for which iGENEA AG are not responsible and which affect prompt delivery. The same applies if the aforementioned occurs to a subcontractor assigned by iGENEA AG. iGENEA AG will inform the client of the onset and finish of such a hindrance as quickly as possible.
- The client is obliged to provide iGENEA AG, without demand, all documentation necessary for carrying out the order.
- The client is responsible for specimen collection. If necessary, an employee of iGENEA AG will give consultation on the implementation of the equipment provided. On request, and against reimbursement of costs, iGENEA AG will provide the necessary equipment. iGENEA AG accept no liability for bodily injury or incorrect analyses resulting from improper use of the equipment.
- A representation of the results in writing is decisive in the event of iGENEA AG being bound by contract to disclose the results of its activities in written form. Statements and advice related to findings made verbally by employees and assignees of iGENEA AG are not binding.
- The circulation of information issued, or statements made by employees or representatives of iGENEA AG (reports etc.) by the client to third parties is only admissible with the prior written consent of iGENEA AG, or due to necessities in connection with the contractual agreement.
- The client cannot use statements made by employees or representatives of iGENEA AG for advertising purposes.
- The client is only permitted to use statements, reports, diagrams, calculation etc., prepared in connection with the contract by iGENEA AG for his/her own purposes. Further use is not permitted without iGENEA AG giving its express written agreement.
- iGENEA AG retains the right to correct obvious errors e.g. clerical mistakes, miscalculations or other deficiencies made in a statement at any time. A correction of this nature can also be made to third parties. In the above case, prior contact will be made with the client.
- Within the constraints of the law, iGENEA AG commits itself to treat all information and findings in connection with its activities on behalf of the client and that do not endanger the public, confidentially. The only exception is if the client releases iGENEA AG from clause 10 of the terms.
- iGENEA AG will only forward reports, statements, or the results of its activities to third parties if the client gives express written instructions accordingly.
- The client is liable to remedy iGENEA AG for any damage caused due to an incorrect or incomplete order placement, or transfer of data and/or documentation. The client is also liable within the constraints of any regulation laid down by the law.
- iGENEA AG accepts liability for gross negligence for which it or its employees are responsible.
- iGENEA AG accepts liability to remedy other acts of negligence in cases where no serious infringement of its contractual obligation occurs.
- iGENEA AG retains the right to immediately terminate the contract for important reasons.
- iGENEA AG retains the right to terminate the contract without notice if the client defaults on payment and remains in default, after a notice has been set by iGENEA AG and if adequate securities cannot be provided by the client.
- iGENEA AG retains the right to issue a 10 day notice of cessation if the client does not fulfil his/her obligation as detailed in paragraph 5. In this case, iGENEA AG is entitled to full reimbursement for all services carried out up to this point. The same applies if iGENEA AG must terminate the contract for important reasons for which the client is responsible. Other claims for damages that iGENEA AG may have remain unaffected.
- iGENEA AG’s entitlement to reimbursement remains in the event of it terminating the contract for important reasons for which the client is not responsible, except in cases where the service iGENEA AG has provided to that point cannot be used by, and is of no interest to the client.
- iGENEA AG is entitled to full reimbursement for all services carried out up to the point the client terminates, in the event that the client terminates the contract without important reason.
- iGENEA AG’s entitlement to reimbursement remains, in the event of the client terminating the contract for important reasons that are caused by the improper conduct of iGENEA AG, except in cases where the service iGENEA AG has provided to that point cannot be used by, and is of no interest to the client.
- A contractual framework e.g. a standing order for regular payments and/or specially agreed conditions can be terminated with a notice of 3 calendar months, except in cases where provisions to the contrary have been made in writing. The right to termination without notice remains unaffected. In the above case, iGENEA AG retains the right to delay the refund of monies paid by the client within the contractual framework in advance of services to be provided by iGENEA AG.
- Alongside the fees to which it is entitled, iGENEA AG is also entitled to reimbursement of its expenses.
- Subsequent amendments and additions e.g. additional copies of reports will be invoiced separately.
- Invoices must be paid immediately if no other provision concerning payment is agreed in writing.
- Outstanding debts are due with immediate effect if the client intentionally defaults on payment.
- iGENEA AG retains the right to use the client’s payment to clear old debts first. In the event of expenses and interest occurring, a debt will be discharged in the following order: expenses, interest and finally the principal claim.
- A default in payment by the client will result in interest being charged at 2% p.a. over the base interest rate of the Swiss National Bank Bundesbank. Further claims that iGENEA AG may have, remain unaffected.
- The client is only entitled to offset payment if a legal judgement has been passed that confirms his/her counter claim.
- In the event of the service provided by iGENEA AG being in any way deficient, the client will, within the legally required warranty period, initially be entitled to a rectification. The client can demand a reduction in price or annulment if iGENEA AG is unsuccessful in rectifying a deficiency.
- If the client detects a deficiency within the legally required warranty period, he/her must give iGENEA AG written notification of the deficiency within 2 weeks.
- In the event of a dispute occurring between iGENEA AG and the client over what constitutes as being a deficiency, and after prior consultation with the client, iGENEA AG retains the right to assign an independent assessor, whose role it will be to make comparisons with similar cases. If the assessor finds for the client, iGENEA AG will be responsible for the attached costs. If the assessor finds for, iGENEA AG, the client will be responsible for the attached costs.
- iGENEA AG will issue the client a separate invoice for rectifying the deficiency if incorrect information for which the client is responsible (see Para. 5) is found to be the cause.
- 1. After full payment has been received, and upon the client’s demand, iGENEA AG is obliged to release all documentation in connection with the services provided to fulfil the client’s order. This does not apply, however, to correspondence between iGENEA AG and the client or for documentation that the client has already received either in original or duplicate form. iGENEA AG is entitled to take and retain copies of all documentation.
- The contractual agreement between iGENEA AG and the client is subject to Swiss law.
- The Court of Jurisdiction is Baar, Switzerland.
- In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the remaining provisions.
положение о конфиденциальности
This privacy statement applies to all business units of iGENEA AG.
Should there be any inconsistency between this data protection statement and any other applicable contract or the general terms and conditions of iGENEA AG, the provisions of this data protection statement will prevail.
Data protection is a matter of trust, and your trust is important to us. We respect your personality and privacy. We also want to make sure that your personal data are protected and processed in accordance with the law.
It is important to us that you agree to your personal data being processed. In this privacy statement we will provide you with comprehensive information about the data processing methods we use. Only you decide whether you wish your personal data to be processed.
This privacy statement covers both historical and future personal data. If you agree to your data being processed, we will process not only personal data collected by you in the future in accordance with this privacy statement, but also your personal data that we already have on file.
When we refer in this privacy statement to the processing of your personal data, we mean any form of handling of your personal data. This includes, for example:
- the collection
We collect personal data so that we can offer our customers better services. We firmly believe that if our activities are geared to the wishes and needs of our customers that should make the tasks of daily life easier for you. Better services may include:
- Gearing the product assortment to customer requirements
- Personalisation of customer communication, so that you will find offers which match your wishes and receive less advertising overall
- Simplification of procedures such as purchases or bookings, so that you reach your goal more quickly
1. How do we protect your personal data?
We have technical and organisational security procedures to maintain the security of your personal data and to protect your session data and personal data against unauthorised or illegal processing and/or against unintentional loss, modification, disclosure or access. Nevertheless, you should always be aware that the transmission of data over the Internet and other electronic means entails certain security risks, and that we cannot give any guarantee for the security of data that are transmitted in this way.
2. How long do we keep data for?
We keep your personal data for as long as we consider necessary or reasonable to comply with the applicable laws, or for as long as this is necessary for the purposes for which they were collected. We delete your personal data as soon as they are no longer required or after the end of the maximum retention period prescribed by law.
3. What rights do you have in respect to your personal data?
You have the right to assert your data protection rights at any time, and to obtain information about your stored personal data, to rectify, add to, transfer, object to the processing of your personal data, or demand the deletion of your personal data. You will find details of how to contact us in section 4 below. We reserve the right to correspond with you electronically in this connection (especially by e-mail).
4. How can you contact us?
If you would like to assert your rights in respect of your personal data, or if you have any questions or concerns relating to the processing of your personal data, you can contact us as follows: Contact
Representative in the EU: VGS Datenschutzpartner UG, Am Kaiserkai 69, 20457 Hamburg
We will make every effort to respond to your questions or concerns immediately after receipt.
5. Who is the owner of the data collected?
We are obliged by law to notify you of the name of the owner of the data collection which includes your personal data. The owner of the data collection is iGENEA AG.
6. When do we collect your personal information?
We collect your personal data whenever we are in contact with you. There are many kinds of situations in which we are in contact with you. For example, we collect your personal data under the following circumstances:
- When you visit our website
- When you communicate with us by telephone, fax, e-mail, voicemail, text messaging (SMS), picture messaging (MMS), video messaging, chat, Instant Messaging or social media
- When you order or services (also when the order is cancelled)
7. Which personal information do we collect?
The personal data collected are similarly varied. Firstly, we collect personal data which you make available to us. Secondly, we collect personal data which are automatically or manually recorded when you contact us, for example:
Data about you:
- Name and first name
- Home address
- Delivery address
- Invoice address
- Language preferences
- Telephone number(s)
- E-mail address(es)
- Research results
- Contract dates (including contract date, type of contract, contract provisions; parties to the contract; term of contract; contract value; claims lodged under contract)
- Order information (including date of order; time of order; type, quantity and value of the services purchased; shopping basket; cancelled shopping basket; payment method used; paying agent; purchasing history)
- Customer service information (including product returns, complaints, guarantee claims, delivery information)
- Session dates with reference to visits to our websites, apps for mobile devices or offers on Internet platforms, multimedia portals and/or social networks (including duration and frequency of visits, language and regional defaults, information about browser and computer operating system, Internet Protocol addresses, search terms and search results; ratings submitted)
- Location data when using mobile devices
- Communications by telephone, fax, e-mail, voicemail, text messaging (SMS), picture messaging (MMS), video messaging, chat, Instant Messaging or social media
- Supply and sale of our services
- Handling of orders and contracts, including sending of order and dispatch confirmations, delivery confirmations, delivery and invoicing
- Organisation and provision of customer service services
- Organisation and conduct of market research and surveys
- Provision, administration and realisation of customer communication by post and via electronic communications media
- Business communication by post and by telephone, fax, e-mail, voicemail, text messaging (SMS), picture messaging (MMS), video messaging or Instant Messaging
- Assessing the use of our products by telephone, fax, e-mail, voicemail, text messaging (SMS), picture messaging (MMS) or Instant Messaging such as: type of use, frequency and duration of use, exact location of use.
- Individualised and personal or anonymous and group-based recording and evaluation of historical and current purchasing behaviour in the use of products on our websites, apps for mobile devices or on Internet platforms, multimedia portals and/or social networks
- Individualised and personal and/or anonymous and group-based identification, classification and analysis of current and potential customer needs and customer interests
- Individualised and personal and/or anonymous and group-based categorisation and analysis of customer behaviour and customer potential
- Statistical evaluation of customer behaviour based on anonymised customer data
- Simplification of procedures – such as orders - and use of findings from the analysis of customer behaviour for continual improvement of all product and service ranges
- Avoidance of unnecessary advertising through findings from the analysis of customer behaviour for individualised and personalised direct marketing
- Sending of individualised and personalised advertising by post or by telephone, fax, e-mail, voicemail, text messaging (SMS), picture messaging (MMS), video messaging, chat, Instant Messaging or social media
- Individualised and personalised matching of offers and advertising on our websites, apps for mobile devices or with our channels on Internet platforms, multimedia portals and/or social networks
8. Why do we process personal data?
We process your personal data for a variety of purposes. These purposes can be summarised in different groups. In particular, we may process all or some of your personal data for one or more of the following purposes:
8.1 Purposes of processing in connection with our products and services
8.2 Purposes of processing in connection with customer communication
8.3 Purposes of processing in connection with the customer behavior analysis
8.4 Purposes of processing in connection with direct marketing
9. Whom do we pass your personal data on to?
We may pass your personal data on to third parties, in order to make use of technical or organisational services which we need to meet the purposes specified or for our other business activities. Our service providers are contractually bound to process personal data exclusively on our behalf and in accordance with our instructions. We also oblige our service providers to comply with technical and organisational measures which guarantee the protection of personal data. If the service providers are located in countries where the applicable laws do not provide any protection of personal data that is comparable with that provided by Swiss law, we will ensure by contract that the service providers concerned maintain the Swiss level of data protection.
We may also pass your personal data on if we regard this as necessary to comply with the applicable laws and regulations, for court proceedings, if required to do so by the competent courts and authorities, or under other legal obligations, in order to protect and defend our rights and/or our property.
10.2 Which cookies do we use?
Most of the cookies we use are automatically deleted from your computer or mobile device after your browser session has ended (so-called session cookies). For example, we use session cookies to store your regional and language defaults and your shopping basket over different sites in a web session.
In addition, we use temporary and permanent cookies. These remain stored on your computer or mobile device after the end of the browser session. Then, when you revisit one of our websites your preferred entries and settings are automatically identified. Depending on which type they are, these temporary and permanent cookies remain stored on your computer or mobile device for between one month and ten years, and are automatically deactivated after the end of the programmed period. They are used to make our websites more user friendly, more effective and more secure. Thanks to these cookies you will have, for example, information displayed on the site that is tailored especially to your interests.
It is also possible that the cookies stored on your computer or mobile device may come from partner companies. These cookies enable our partner companies to target you with advertising that might actually be of interest to you. Cookies of partner companies remain stored on your computer or mobile device for between one month and ten years, and are automatically deactivated after the end of the programmed period.
10.3 Which data are stored in cookies?
No personal data are stored in the cookies we use. The cookies used by us cannot be assigned to a specific person. When a cookie is activated the person will be allocated an identification number.
10.4 How can you can prevent the storage of cookies?
Most web browsers automatically accept cookies. They can, however, instruct your browser not to accept any cookies, or to ask you each time before a cookie from a website you have visited is accepted. You can also delete cookies from your computer or mobile device by using the appropriate function on your browser. If you decide not to accept our cookies or the cookies of our partner companies, you will not be able to see certain information on our websites or use a number of functions which should improve your visit.
11. How do we use log files?
Every time you access our websites, certain usage data are transmitted to us by your Internet browser for technical reasons, and stored in protocol files, known as log files. The usage data in question are the following: the date and time our website is called up; the name of the website called up; the IP address of your computer or mobile device; the address of the website from which you accessed our website; the volume of data transferred and the name and version of your browser.
Analysis of the log files helps us to further improve our Internet products and make them more user friendly, to find and remove errors more quickly, and to control server capacities. Using log files, we can, for instance, determine the time when the use of our Internet products is particularly popular and make appropriate data volumes available to guarantee you optimum usage.
12. How do we use web analysis tools?
In order to constantly improve and optimise our Internet offering, we use what are known as tracking technologies. Web analysis tools provide us with statistics and graphics which provide us with information about the use of our websites. This involves data about the use of a website being transferred to the server used. Depending on the provider of a web analysis tool, these servers may be located abroad. For the most frequently used web analysis tool, Google Analytics, these data are transferred including shortened IP addresses, which prevents the identification of individual devices. Google complies with the data protection rules of the "Swiss-U.S. Privacy ShieldFramework" and is registered with the “Swiss-U.S. Privacy Shield” program of the US Department of Commerce (Information about the “Swiss-U.S. Privacy Shield” can be found under https://www.privacyshield.gov/Swiss-US-Privacy-Shield-FAQs). The IP address transmitted by your browser within the framework of Google Analytics will not be merged with other Google data. Transfer of these data by Google to third parties can only take place on the basis of legal regulations or as part of the order data processing.
You may prevent the recording of the data generated by cookies and relating to your use of the website (incl. your IP address) at Google, as well as the processing of these data by Google, by downloading and installing the browser plugin available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de) You will find more detailed information about Google Analytics and data protection at http://tools.google.com/dlpage/gaoptout?hl=de or http://www.google.com/intl/de/analytics/privacyoverview.html.
13. How do we use social plugins?
Our websites use social plugins, e.g. from Facebook, Twitter or Google+. The plugins are labelled with the logo of the provider, and may be, for example ‘Like’ buttons or a Google+ button or Twitter button.
When you call up our websites which contain such a plugin, your browser sets up a direct connection with the provider’s computers. The content of the plugin is transmitted by the provider site directly to your browser, which integrates it into the website. By integrating plugins the provider receives the information that you have called up our website. If you are simultaneously logged in to the provider, the provider can assign the visit to your profile. If you interact with the plugins – for example by activating the “Like” button or making a comment – the relevant information is transmitted by your browser directly to the provider and stored there.
If you do not want the provider to collect data about you via our website, you must log out of the provider before you visit our website. Even if you are logged out, providers collect anonymised data via social plugins set up a cookie for you. If you log into the provider at a later time, these data may be assigned to your profile.
If a login is provided via a social login service ? e.g. Facebook Connect – data are exchanged between the provider and our website. In the case of Facebook Connect that may be, for example, data from your public Facebook profile. By using such login services you agree to the transfer of data.
Please refer to the data protection notices of the provider for the purpose and scope of data collection and the further processing of your data by the provider, as well as your respective rights and setup options to protect your privacy.
Facebook Ireland Ltd. or Facebook Inc.: https://www.facebook.com/about/privacy/
Google Inc.: http://www.google.com/intl/de/privacy/plusone/
Twitter Inc.: http://twitter.com/privacy
If you do not want the provider to collect data about you via these cookies, you can select the “block cookies from third-party providers function in your browser settings. Then if there is embedded content from other providers, the browser does not send any cookies to the server. It is possible that with this setting other functions on our website will no longer function.