These General Terms and Conditions of Use are entered into between:
The operator of the website, hereinafter referred to as the "Publisher",
Any person wishing to access the Website and its services, hereinafter referred to as the "User"
These General Terms and Conditions of Use govern the legal framework for the use of the website theflourishingincubator.com and its services.
The Website theflourishingincubator.com is operated by:
The Flourishing Incubator, Sanae Tabnaoui, sole proprietorship
Business Identification Number (UID/IDE): CHE-224.170.349
Registered Address: Christoph Merian-Ring 11, CH-4153 Reinach (BL), Switzerland
Website URL: https://www.theflourishingincubator.com
Email: sanae@theflourishingincubator.com
Telephone: +41 (0) 617 178 787
Web Hosting Provider: Squarespace, Inc., 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland
Website Platform Provider: Leadpages (US), Inc. Located: 212 3rd Ave N, Ste 475 Minneapolis MN, 55401-1478
These Terms and Conditions of Use must be accepted by any User, and access to the Website constitutes acceptance of these terms.
These General Terms and Conditions of Use are entered into for an indefinite term. The agreement takes effect with respect to the User upon commencement of use of the service.
The Website theflourishingincubator.com reserves the right to amend the provisions of these Terms and Conditions of Use at any time and without cause or prior notice.
Any User with internet access may access the Website theflourishingincubator.com free of charge from any location. Costs incurred by the User for accessing the Website (internet connection, computer equipment, etc.) shall not be borne by the Publisher.
The Website and its various services may be interrupted or suspended by the Publisher, particularly during maintenance, without obligation of prior notice or justification.
The Publisher's liability cannot be engaged in the event of failure, breakdown, difficulty, or interruption of the Website or any of its functionalities.
The connection equipment used to access the Website remains under the sole responsibility of the User, who must take all appropriate measures to protect equipment and data, particularly from viral attacks via the Internet. The User is furthermore solely responsible for websites and data accessed.
The Publisher shall not be held liable in the event of legal proceedings brought against the User arising from use of the Website or any service accessible via the Internet, or arising from the User's failure to comply with these General Terms and Conditions.
The Publisher shall not be liable for damages caused to the User, to third parties, and/or to the User's equipment resulting from connection to or use of the Website, and the User waives any action against the Publisher on these grounds.
Should the Publisher become subject to amicable or judicial proceedings by reason of the User's use of the Website, the Publisher may seek recourse against the User to obtain indemnification for all damages, sums, judgments, and costs that may arise from such proceedings.
All technical documents, products, photographs, texts, logos, designs, videos, and other materials are subject to copyright and are protected by Swiss intellectual property law. When provided to our clients, they remain the exclusive property of The Flourishing Incubator, Sanae Tabnaoui, sole holder of intellectual property rights over these documents, which must be returned upon request.
Our clients undertake not to make any use of these documents that may infringe the Publisher's industrial or intellectual property rights and undertake not to disclose them to any third party without express prior authorization from the Publisher.
The establishment by Users of any hyperlinks to all or part of the Website is strictly prohibited without prior written authorization from the Publisher, which must be requested by email at: sanae@theflourishingincubator.com
The Publisher is free to refuse such authorization without having to justify its decision in any manner whatsoever. Should the Publisher grant authorization, such authorization shall in all cases be temporary and may be withdrawn at any time without obligation of justification by the Publisher.
In all cases, any link must be removed upon simple request from the Publisher.
Any information accessible via a link to other websites is not under the Publisher's control, and the Publisher disclaims all liability for their content.
Data Collected
Personal data collected on this Website includes the following:
Use of Personal Data
Personal data collected from Users serve the purpose of providing Website services, improving them, and maintaining a secure environment. More specifically, uses include: User access to and use of the Website, management of Website operation and optimization, organization of conditions for use of payment services, verification, identification and authentication of data transmitted by the User, offering the User the possibility to communicate with other Website users, implementation of user assistance, personalization of services by displaying advertisements based on the User's browsing history according to preferences, prevention and detection of fraud, malware, and management of security incidents, management of any disputes with Users, and sending commercial and advertising information according to User preferences.
Sharing of Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases: when the User uses payment services, for implementation of these services, the Website maintains relationships with third-party banking and financial companies with which it has entered into contracts; when the User publishes information accessible to the public in free comment areas of the Website; when the User authorizes a third-party website to access their data; when the Website engages service providers to furnish user assistance, advertising, and payment services. These providers have limited access to User data within the scope of performance of these services and have a contractual obligation to use them in compliance with applicable data protection regulations; if required by law, the Website may transmit data in response to claims brought against the Website and to comply with administrative and judicial proceedings; if the Website is involved in a merger, acquisition, asset sale, or receivership proceedings, the Publisher may be required to transfer or share all or part of its assets, including personal data. In such case, Users would be informed before personal data are transferred to a third party.
Security and Confidentiality
Le site web met en oeuvre des mesures organisationnelles, techniques, logicielles et physiques en matière de sécurité du numérique pour protéger les données personnelles contre les altérations, destructions et accès non autorisés. Toutefois, il est à signaler qu'internet n'est pas un environnement complètement sécurisé et le site web ne peut pas garantir la sécurité de la transmission ou du stockage internet.
The Website implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Website cannot guarantee the security of data transmission or storage.
Exercise of User Rights
In accordance with applicable personal data protection regulations, Users have the following rights, which they may exercise by submitting their request to: sanae@theflourishingincubator.com
Right of access to know personal data concerning them. In this case, prior to implementation of this right, the Website may request proof of the User's identity to verify accuracy. Right of rectification if personal data held by the Website are inaccurate. Right to erasure of data in accordance with applicable data protection laws. Right to restriction of processing in accordance with scenarios provided by GDPR and FADP. Right to object to data processing in accordance with scenarios provided by GDPR and FADP. Right to data portability to request that the Website provide them with personal data furnished to transmit to a new website.
For Swiss residents: In the event of a dispute, you may contact the Federal Data Protection and Information Commissioner (FDPIC) at: https://www.edoeb.admin.ch/
For EU residents: You may file a complaint with your national data protection authority.
Data Retention
Personal data are retained for the duration necessary to provide services, with a maximum retention period of three (3) years from the last contact with the User, except where otherwise required by legal or regulatory obligation (for example: Swiss accounting and tax obligations of 10 years).
Amendment of This Clause
The Website reserves the right to make any amendment to this clause regarding personal data protection at any time. If an amendment is made to this personal data protection clause, the Website undertakes to publish the new version on its Website. The Website shall also inform Users of the amendment by electronic mail at least 15 days prior to the effective date. If the User does not agree with the terms of the new version of the personal data protection clause, the User has the option to delete their account.
The Website theflourishingincubator.com may automatically collect standard information. All information collected indirectly shall only be used to track the volume, type, and configuration of traffic using this Website, to develop its design and layout, for other administrative and planning purposes, and more generally to improve the service we provide.
Users are informed that during visits to the Website, cookies may be automatically installed on their browsing software. Cookies are small files temporarily stored on the User's computer hard drive by the browser and are necessary for use of the Website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous.
Users may disable cookies through their browser settings.
These General Terms and Conditions of Use shall be governed by and construed in accordance with Swiss law.
In the event of a dispute, the parties shall endeavor to reach an amicable settlement. If no amicable agreement is reached, the dispute shall be submitted to the exclusive jurisdiction of the courts of the Canton of Basel-Landschaft, at the Publisher's registered office (Reinach, BL), subject to appeal to the Swiss Federal Supreme Court.