Disclaimer

I. Terms of use

A. Contents

For informational purposes LawMedia AG publishes on this and other websites and by newsletter articles and information on legal issues as well as examples, templates and checklists etc. (hereafter: Contents). The Contents relate to Swiss law and do not apply to the conditions in other country. In particular, they do not represent recommendations or advice and cannot replace legal counsel and an evaluation of the legal situation in an individual case. Get legal advice before making a decision.

The Contents of this website are provided as they are and as available. The authors / publishers endeavour correctness of the Contents at the time of publishing. However, completeness, correctness, accuracy, reliability and actuality are not guaranteed. Neither the authors / publishers nor LawMedia AG are obliged to update or amend the Contents. LawMedia AG reserves the right to modify, amend, delete or discontinue the publication partially or completely at any time.

B. Usage

Usage of this website including any contact forms does not constitute a contractual relationship (particularly not an agency contract) between you and LawMedia AG or the authors / publishers.

By using this website you agree to the terms in this disclaimer, in particular to the exclusion of liability, data protection and cookies.

C. Links

This website may contain links (URLs) to websites of third parties and social media. The linked websites and their contents are outside the sphere of influence of LawMedia AG. Their correctness, accessibility and availability are not guaranteed. LawMedia AG reserves the right to modify or remove links at any time. LawMedia AG takes no responsibility for the links and the contents of the linked websites and the usage of these links and linked websites. Accessing and using such websites occurs at your own risk.

D. Intellectual property

This entire website (text, images, logos, brands, files etc.) is the intellectual property, in particular copyright and related rights, of the authors / publisher or LawMedia AG or other copyright holders if not otherwise indicated.

For private, non-commercial use the contents may be downloaded and temporarily stored (browser cache) and printed, provided they remain unchanged and complete and include a reference to the source. Passing on of printouts for private, non-commercial purposes is only permitted, if the recipient accepts this disclaimer. Transfer in electronic or digital form is not permitted.

The Contents may not without prior written consent of the rights holders be reproduced, multiplied, rendered or distributed, be it printed, electronically or otherwise. This includes in particular presenting the Contents in a frame on a website, creation of derived works or any other use for commercial or public purposes. Systematic retrieval or linking of Contents (automatic or manual) to create a collection, database or directory is not permitted without prior written consent of LawMedia AG.

E. Technical deficiencies

LawMedia AG endeavours, for as long as the website is published, to make it available and keep it free of technical deficiencies, but is however, not obliged to do so. LawMedia AG grants no warranty that the website or the newsletter or published Contents are free of harmful components (viruses, worms, etc.).

II. Data protection

F. Data protection policy

Every person is entitled to protection of their private sphere as well as protection against abuse of their personal data (art. 13 BV, Federal law on data protection). LawMedia AG complies with these rules. Personal data is treated confidentially and is not sold or passed on to third parties. When accessing this website the following information is stored in log files: IP-address, date, time, browser-query and transmitted general information on operating system resp. browser. This usage data is used as a basis for anonymous statistical analyses to improve the Contents provided. LawMedia AG works in conjunction with its hosting providers to protect the data as well as possible from unauthorised access, loss, abuse or falsification.

G. A. Cookies and Web Beacons

Due to the technology used for this website cookies, web beacons and other tracking technology may be used. cookies and web beacons are small files that are temporarily stored on your computer or mobile device. They are deleted when you close your browser (session cookies) or after a certain period of time. The currently used technology on the website and for the newsletter (Google Analytics, Google Adsense and Mailchimp) collect anonymous usage data for statistical purposes etc. LawMedia AG reserves the right to employ other technologies that may also use cookies or tracking-technology.

The standard setting of web browsers is usually to accept cookies automatically (cookies activated). You can change the setting of your web browser to prevent cookies being stored on your computer / device (cookies deactivated) or to issue a warning before cookies are stored. The instructions or the “Help function” of your browser or its producer will provide information on deactivating cookies. If you deactivate cookies in your browser you may not be able to use the full functionality of this website.

By using this website without modifying your browser settings you consent to cookies and web beacons being stored and the data collected through them being processed.

H. Data privacy policy for the use of Google Analytics

This website uses Google Analytics, a Web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses ‘cookies’, which are text files placed on your computer, to help the website analyse how users use the site.

As a rule, the information generated by the cookie about your use of the website is transmitted to and stored by Google on a server in the United States. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet use. Google may pass this information on to third parties if this is prescribed by law or if third parties process the data on behalf of Google. The IP address conveyed by your browser within the scope of Google Analytics will not be associated with any other data held by Google.

You may refuse the storage of cookies by selecting the appropriate settings in your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website without changing the settings of your browser you consent to the data collected via the cookies being processed in the manner and for the purpose described above.

I. Data privacy policy for the use of Google Adsense

This website uses Google AdSense, a Web advertising service provided by Google, Inc. (‘Google’). Google AdSense uses ‘cookies’, which are text files placed on your computer, to help the website analyse site usage. Google AdSense also uses web beacons (invisible images). Web beacons allow information such as visitor traffic to be analysed on this site.

The information generated by the cookies and web beacons about your use of this website (including your IP address) and the distribution of advertising formats will be transmitted to and stored by Google on a server in the United States. This information may be transmitted by Google to its contractual partners. However, your IP address will not be associated with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings in your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

J. Social Media

This website may contain Social Media Plugins (e.g. LinkedIn). When visiting websites that contain such plugins your browser connects to the servers of the social media provider. The provider thus receives the information that you have visited this website. If you are logged in with the provider simultaneously the provider can associate your visit to your profile. If you don’t want the provider to collect information about your visit to this website you must log out of your social media account. Even when logged out the social media providers collect anonymous data via the social media plugins and can store cookies. This data can be associated with your social media account the next time you log in.

You may refuse the use of cookies and web beacons by selecting the appropriate settings in your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by the providers in the manner and for the purposes set out above. You can obtain information on the extent and purpose of the data collected from the providers.

K. Newsletter

To subscribe to a newsletter that may be offered enter your email address in the appropriate field. The email address is transmitted to the server of the newsletter service provider (currently Mailchimp). The servers of the newsletter service provider are (currently) abroad (currently USA). The newsletter emails use cookies and web beacons to track usage of the newsletter. The information generated by the cookies and web beacons on usage of the newsletter (including your IP-address) are transmitted to the server of the newsletter provider and stored there. This information may be passed on to contractual partners of the newsletter provider for processing. The newsletter provider may not sell your data or make it available to third parties.

You may refuse the use of cookies and web beacons by selecting the appropriate settings in your browser or in your email client. By using the newsletter without modifying the settings in your browser or your email client you consent to the data collected via the cookies and web beacons being processed by the newsletter provider in the manner and for the purpose described above.

L. Contact – Contact form, Email, Telephone

By using a contact form, sending an email or making contact by phone no contractual relationship is created. Contact by email or contact form (alone) are not suitable when deadlines are pending and in urgent matters. Your data will be held in strict confidence and may be transferred to partners for processing. The data transmitted and made available will be used and processed exclusively in connection with your contact request. By making contact (contact form, email, telephone) you consent to your data being processed. Any information given to you free of charge by email or telephone is given without complete knowledge of the case and is based solely on the information provided by you and is thus given without liability and without any claim to completeness or correctness.

The data entered in the contact form and transmitted from your computer or device to the server is encrypted. The data entered in the contact form is not stored on your computer (no cookie or similar). Despite encryption absolute security is not possible. The server transmits your data entered in the contact form by email for processing. These emails are not encrypted. Using emails is technically not secure; it is possible that emails are not delivered. During transmission emails may cross country borders even if the sender and recipient are inland. The privacy of emails cannot be guaranteed when not or insufficiently encrypted. Unencrypted emails are therefore not suitable to transmit confidential information.

By using the contact form or sending an email you agree to communication by email and acknowledge the described risks.

III. Exclusion of liability

All liability of LawMedia AG, the authors and the publishers (including their auxiliaries) is excluded as far is legally possible for any damages of any kind (including losses and consequential damages) that you or third parties may incur in particular resulting from accessing the website or links, using or the impeded use of the Contents and contact forms or the contents of linked websites as well as any trust therein, from subscribing the newsletter, use of the newsletter, use of email, abuse or interruptions or disruptions of the connection due to technical deficiencies of any kind (list not exhaustive).

IV. Concluding provision

M. Severability

In the event that any provision of this Disclaimer shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Disclaimer. An invalid provision is to be replaced by a valid provision that comes as close as possible to the purpose of the invalid provision. The same shall apply to loopholes.

N. Changes

LawMedia AG reserves the right to modify the Contents of the website and this Disclaimer at any time. You are therefore invited to read this disclaimer at each visit.

O. Jurisdiction / applicable law

The courts at the registered office of LawMedia AG have exclusive jurisdiction. Swiss law applies.

Last modification: Kloten, 28.09.2017, 13.45h

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