1. Scope of application
1.1 The www.kerimedical.com website (hereafter “Website”) is operated by the company called KeriMedical SA.
1.2 The Website and the terms and conditions of use have been established in conformity with legal provisions in effect in Switzerland.
1.3 Any person who visits the Website (hereafter the Internet user) declares to accept the conditions specified hereafter, including the clause on non-responsibility (clause 12).
2. Modification of the terms and conditions of use
KeriMedical SA reserves the right to modify the present Terms and Conditions of Use at any time without prior notice; the modifications take effect upon publication of them on the Website.
3. Access and availability
Access to this Website and availability of it without interruptions or technical errors are not guaranteed. KeriMedical SA reserves the right to block or restrict access to the Website at any time and without prior notice.
4. General content
The content on the Website (hereafter the “content”) is exclusively intended to provide general information about KeriMedical SA. The information contained on the Website constitutes neither a proposal which commits KeriMedical SA, nor an offer to the Internet user. The Website does not display advertising, nor does it receive advertising funds.
5.1 All the content of the Website is protected by rights covering marks, patents, copyrights or other rights granted by the law, and are the property of KeriMedical SA. The rights of third parties are reserved.
5.2 The Internet user may display, print, save and copy content for his private use exclusively. The content must not be modified by the Internet user. Furthermore, any reference to an intellectual property right must be maintained. Any other use of all or a portion of the content is subject to prior written authorization from KeriMedical SA.
6. Prohibited use
The following are notably prohibited without obtaining prior authorization in writing from KeriMedical SA:
a) any form of propagation, retransmission, processing or reproduction of all or a portion of the content for commercial purposes;
b) any form of publication of all or a portion of the content, as well as any form of publication of work mainly based on all or a portion of the content, including for non-commercial purposes;
c) the creation of links to all or a portion of the Content from other websites.
Exceptions are made for images and texts specifically designated in the section of information for the media, exclusively for (and in direct relation to) information reports to the media concerning KeriMedical SA, and with express indication of the source.
KeriMedical SA reserves the right to modify, complete or eliminate content from the Website at any time and without prior notice.
8. Medical information
It is expressly pointed out to the Internet user that any medical information presented on the Website may not under any circumstances replace the individual advice provided by a doctor or any other healthcare professional. KeriMedical SA does not provide any personal medical opinions through the Website.
9. Protection of information
9.1 When a user visits the www.kerimedical.com site, information from the journal files of his computer (e.g., IP address, date and time of access, name of the file viewed, history of clicked links) are automatically collected and analysed for statistical purposes. External Website analysis services also examine user behaviour.
9.2 KeriMedical SA only memorizes or processes personal information for the needs which motivated the transmission of this information.
9.3 Cookies: In order to obtain information about the way in which Internet users use out site (statistics), we use solutions such as Google Analytics. To function, these solutions store cookies and collect information that is going to be stocked on their servers. Certain cookies are permanent and make it possible to identify the visitor on the site at the time of a future visit, and others expire between 15 and 30 days. In combination with other services offered by these companies, particularly in the case where we have collected personal information such as your name, email address, company name, we are able to connect all this information to provide you with a better browsing experience. You may easily remove cookies by modifying the properties of your browser or by using private browsing. You may also delete them. You also have the possibility of preventing cookies from being stored relative to your use of the Website (including your IP address) generated via cookies intended for Google, as well as processing by Google of the information in question, by downloading and installing the browser plugin (complementary module) available through the link (https://tools.google.com/dlpage/gaoptout?hl=fr)). Other detailed information concerning Google Analytics and the protection of data are available at the following addresses: https://tools.google.com/dlpage/gaoptout?hl=fr or http://www.google.com/intl/fr/analytics/privacyoverview.html.
9.4 KeriMedical SA collects your personal information when it has contact with you, notably in multiple situations. This is the case, for example, under the following circumstances:
• you come to our premises;
• you buy our merchandise or use one of our services,
• you participate in our courses, seminars or other trainings;
• you seek services from our company, particularly our after-sales service;
• you receive a newsletter or other form of advertising related to our merchandise and services;
• you use our Internet pages and Applications for mobile devices, our offers on Internet platforms, multimedia portals or social networks, or communicate with us or with third parties via these channels;
• you communicate with us by telephone, fax, email, vocal information, text messaging (SMS), multimedia messaging (MMS), video information or instant messaging;
• you are in contact with us during particular events such as special events, promotional activities, sponsoring activities or other situations.
9.5 Numerous items of personal information may be collected. On one hand, this may involve information which the user makes available to KeriMedical SA and, on the other hand, information which is entered automatically or manually during contact with KeriMedical SA.
9.5.1 Information relative to the person:
• first and last names
• date of birth and age;
• buying habits;
• information concerning purchasing power;
• customer preferences and buying preferences;
• delivery address;
• billing address;
• information on credit cards and account;
• language preferences;
• telephone number;
• email address(es);
• identification numbers of your technical devices;
• customer numbers;
• information concerning subscription to newsletters or other types of advertising;
• consent to receive advertising;
• information about the online customer account (including date opened, username, photos, etc.);
• affiliation with groups within the framework of our domain of commercial activity;
9.5.2 Information relative to the activity of customers:
• information relative to contracts (including date, nature and content of the contract, parties to the contract, contractual duration and value, as well as the claims invoked regarding the basis of the contract);
• customer service information (including merchandise returns, complaints, cases involving guarantees, information concerning deliveries);
• session data related to viewing of our Internet pages, Applications for mobile devices or offers on Internet platforms, multimedia portals or social networks (including duration and frequency of visits, languages and countries preselected, information concerning the browser and operating system of the computer, addresses of Internet protocols, keywords and search results, evaluation issued);
• Location information in case of use of mobile devices;
• communications by telephone, fax, email, vocal information, text messaging (SMS), multimedia messaging (MMS), video information or instant messaging.
9.6 KeriMedical SA processes your personal information for multiple purposes. It may be classified into various categories. Notably, KeriMedical SA may process all or a portion of your personal information for one or several of the objectives stated hereafter:
9.6.1 Objectives related to our offers of merchandise and services:
• preparation and sale of our merchandise and services;
• execution of orders and contracts, notably operations of sending confirmations of orders, shipping and delivery, as well as operations of delivery and billing;
• organization and execution of courses, seminars or trainings;
• organisation and execution of customer service activities;
• organisation and execution of market studies and opinion surveys;
• verification of customer solvency.
9.6.2 Objectives related to customer communication:
• preparation, management and execution of customer communication by the Postal Service or relying on means of electronic communication;
• commercial communication by the Postal Service, as well as by telephone, fax, email, vocal information, text messaging (SMS), multimedia messaging (MMS), video information or instant messaging;
9.6.3 Objectives related to particular activities and events:
• organisation and execution of specific events such as promotional activities, sponsoring activities or support or other events.
9.6.4 Objectives related to behavioural analysis of the clientele:
• individualized and personalized identification, classification and analysis – but also anonymous and by groups – of current and potential needs and interests of customers;
• individualized and personalized classification and analysis – but also anonymous and by groups – of behaviour of the clientele as well as of potential customers;
• statistical evaluation of customer behaviour based on anonymous customer data;
• connection of your newly collected personal information to that already collected previously by us or by other companies belonging to the same group as KeriMedical SA (hereafter: the “Group”);
• connection of your personal information collected to that which concerns you and which was collected by other companies of the Group, as well as with that within the public domain or obtained from third parties outside the Group, for the purposes of improving our database and analysing customer behaviour.
9.7 KeriMedical SA may send your personal information to other companies of the Group for the purposes mentioned in the present declaration on protection of information. These other companies are authorised to usual personal information in their own interests for the same purposes. Such is the case, in particular, for use of your personal information for individualized and personalized analyses of customer behaviour and of marketing activities.
Within KeriMedical SA and the Groupe, employees are only authorised to access your personal information within the limits necessary for accomplishing their task.
In addition, KeriMedical SA may send your personal information to other entities of the Group or to third parties outside the group for use of technical or organizational purposes, which may be needed by KeriMedical SA to attain the aforementioned objectives or for other aspects of its commercial activities. These service providers are bound contractually to process personal information exclusively within the limits of the mandate which is entrusted to them and in accordance with the instructions of KeriMedical SA. We require that our service providers respect technical and organizational measures intended to guarantee the protection of personal information. In case our service providers operate in countries where the legislation in effect does not provide for the protection of personal information at the same level as that provided under Swiss law, we agree, by contract, that these service providers will respect a level of data protection which is similar to that of Switzerland.
In case KeriMedical SA deems it necessary in order to respect laws and regulations in effect, KeriMedical SA is also able to send your personal information at the request of the courts or upon orders from the competent authorities, or by virtue of other legal obligations to protect and defend its rights or its assets.
9.8 It may arise that certain links appearing on their sites permit access to Websites of third parties which are not operated or managed by KeriMedical SA. As a result, KeriMedical SA may not be held responsible for the content on such sites and denies any liability regarding them.
9.9 At all times, you are authorised to assert your rights related to protection of your information. In particular, you are authorised to request information about your recorded personal information, to have it corrected or completed, to object to it being processed or to have it eliminated.
In case you wish to exercise your rights related to your personal information, or if you have questions or concerns regarding the manner in which it is processed, you may contact KeriMedical SA by using the following procedure: by writing to KeriMedical SA, rte des Accacias 45A, 1227 Genève, or by sending an email to: email@example.com. KeriMedical SA reserves the possibility of communicating with you through electronic channels (by email, in particular) regarding the subjects mentioned above.
9.10 The name of the holder of the file containing your personal information is KeriMedical SA, rte des Accacias 45A, 1227 Genève.
9.11 KeriMedical SA retains your personal information for as long as it deems it necessary or appropriate in order to ensure respect of laws in effect or as long as it satisfies a necessity with regard to the objectives for which it was collected. KeriMedical SA eliminates your personal information as soon as it is no longer useful and, in any event, at the end of the maximum period of retention set by the law.
10. Security of data and confidentiality
Unencrypted data sent through an open network may be read, modified or destroyed by unauthorized third parties. As a result, any transmission of data to or from the Website is done at the risk and peril of the Internet user.
11. Exclusion of responsibility
11.1 KeriMedical SA verifies the quality of content, but may not guarantee the accuracy or completeness of it, nor that it is up-to-date. KeriMedical SA is in no way responsible for damage caused to the Internet user or to third parties by use of the content.
11.2 KeriMedical SA also cannot guarantee that the Website is free from viruses or other harmful elements introduced maliciously by third parties. KeriMedical SA does not answer for damage caused to the Internet user or to third parties by such elements.
12. Applicable law
Only Swiss law is applicable to the present terms and conditions of use, without giving effect to the rules of conflict of law.
13. Invalid clause
If one or several of the present terms and conditions of use were to become totally or partially invalid due to legal provisions, requirements or modifications of the law, all the other terms and conditions of use would retain their validity, and the clause in effect which is closest to the intention of the invalid clause would then be applied.
14. Place of jurisdiction
Any dispute related to the present terms and conditions of use, their validity or interpretation shall be submitted to the competent Judge in the arrondissement judiciaire of Geneva, Switzerland.
Only the French version shall be legally binding.
KeriMedical SA – Headquarters
Route des Acacias , 45a