Privacy Policy and Terms and Conditions of Use

Definitions

Client: any professional or capable natural person, or legal entity, who visits the site which is the subject of these general conditions and the privacy policy. Also assimilated to the User.

Benefits and Services: https://eskills.ch/ provides the following services to the Clients.

Content: all the elements constituting the information present on the site, in particular texts, images, and videos.

Customer information: hereinafter referred to as “Information” which corresponds to all personal data that may be held by https://eskills.ch/ for the management of your account, customer relationship management and for analysis and statistical purposes.

Personal information: “Information which allows, in any form, directly or indirectly, the identification of the natural persons to whom it applies”.

Personal data: any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity.

Processor: the natural or legal person, public authority, department, or other body which processes personal data on behalf of the controller.

 

1. Presentation of the website

Owner: eSkills Sàrl, with a share capital of CHF 20’000, represented by Annick Monnier-Rivkine. VAT number: CHE-453.127109 VAT. Registered office: rue Ferdinand-Hodler 19, 1207 Geneva, Switzerland
Responsible for publication: eSkills Sàrl, hello@eskills.ch
Webmaster: eSkills Sàrl, hello@eskills.ch
Host: Infomaniak – rue Eugène Marziano 25 1227 Les Acacias Switzerland
Data Protection Officer: Annick Monnier-Rivkine – annick@eskills.ch

2. General conditions of use of the site and the services offered

The site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Client may not in any way reuse, transfer, or exploit, for his/her own account, all or part of the elements or works of the site.

Use of the https://eskills.ch/ website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and Users of the https://eskills.ch/ website are therefore invited to consult them regularly.

This website is normally accessible to Users at all times. However, https://eskills.ch/ may decide to interrupt it for technical maintenance purposes. The website https://eskills.ch/ is updated regularly by eSkills Sàrl.

3. Description of the services provided

The purpose of the https://eskills.ch/ website is to provide information about all the company’s activities. eSkills Sàrl endeavours to provide the most accurate information possible on the https://eskills.ch/ website. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in the event of updating, whether these are its fault or that of third-party partners who provide this information.

All information on the https://eskills.ch/ website is given for information purposes only and is subject to change. Furthermore, the information on the https://eskills.ch/ website is not exhaustive. It is given subject to modifications having been made since it was made available online.

4. Contractual limitations on technical data

The site uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the Customer of the site undertakes to access the site using recent equipment, free of viruses and with a last generation updated browser. The https://eskills.ch/ website is hosted in Switzerland by Infomaniak.

The host nevertheless reserves the right to interrupt the hosting service for the shortest possible period, in particular for the purposes of maintenance, improvement of its infrastructures, failure of its infrastructures or if the services generate traffic deemed abnormal.

https://eskills.ch/ and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.

5. Intellectual property and counterfeiting

eSkills.ch is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, particularly the texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is forbidden, except with the prior written authorisation of eSkills.ch.

Any unauthorised use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the legal provisions in force.

6. Limitations of liability

eSkills.ch is responsible for the quality and accuracy of the content it publishes.

eSkills.ch cannot be held responsible for any direct or indirect damage caused to the Client’s equipment when accessing the https://eskills.ch/ website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.

eSkills.ch cannot be held responsible for any indirect damage resulting from the use of the eSkills.ch website. Interactive areas (possibility of contacting eskills.ch by posting your message in the space provided) are available to Users. eSkills.ch reserves the right to delete and not to use, without prior notice, any content posted in this area which contravenes the legislation applicable in Switzerland. Where applicable, eSkills.ch also reserves the possibility of calling into question the civil and/or criminal liability of the Client, particularly in the case of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used.

7. Personal data management

The Customer is informed of the regulations concerning marketing communication according to its territory, the Swiss Data Protection Act, the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For the Personal Data collected in the context of browsing the site, the person responsible for processing the Personal Data is: Annick Monnier-Rivkine
eSkills.ch is represented by Annick Monnier-Rivkine, the CEO.

As the party responsible for processing the data it collects, eSkills.ch undertakes to respect the legal provisions in force. In particular, it is its responsibility to establish the purposes of its data processing, to provide its Users or Clients with complete information on the processing of their personal data once their consent has been collected and to maintain a register of the processing in accordance with reality. Whenever eSkills.ch processes Personal Data, eSkills.ch takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which eSkills.ch processes it.

7.2 Purpose of the data collected

eSkills.ch may process all or part of the data:

  • to enable navigation on the site, management, traceability, and processing of the User’s requests: site usage data, personal data (surname, first name, e-mail address) when the User wishes to initiate a contact request
  • to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address
  • to improve navigation on the site: connection and usage data
  • to conduct optional satisfaction surveys on ch
  • to carry out communication campaigns: surname, first name, telephone number, e-mail address and any other data communicated on the Customer’s initiative via the contact function

eSkills.ch does not sell the personal data collected to third parties.

7.3 Right of access, rectification, and opposition

In accordance with the regulations in force, the Customer of https://eSkills.ch/ has the following rights:

  • right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of his/her data
  • the right to block or erase personal data (Article 17 of the GDPR), if they are inaccurate, incomplete, ambiguous, out of date, or if their collection, use, disclosure, or storage is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • the right to restrict the processing of his/her data (Article 18 GDPR)
  • right to object to the processing of his/her data (Article 21 GDPR)
  • the right to portability of their data provided by them, where such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
  • the right to determine the fate of their data after their death and to choose to whom https://eskills.ch/ should communicate (or not) their data to a third party that they have previously designated

As soon as eSkills.ch becomes aware of the death of a Client and in the absence of instructions from the Client, eSkills.ch undertakes to destroy the Client’s data, unless it is necessary to keep it for evidential purposes or to meet a legal obligation.

If the Customer wishes to know how eskills.ch uses his/her Personal Data, to ask for them to be rectified or to object to their processing, the Customer may contact eskills.ch in writing at the following address

eSkills – DPO
rue Ferdinand-Hodler 19, 1207 Geneva, Switzerland.

In this case, the User must indicate the Personal Data that he/she would like eskills.ch to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on eSkills.ch by law, particularly regarding the conservation or archiving of documents. Finally, the Client of eSkills.ch may lodge a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

eskills.ch will not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as “non-adequate” by the European Commission without informing the Client in advance. However, eSkills.ch remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the applicable legislation.

eSkills.ch undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of eSkills.ch, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://eskills.ch/ does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of eSkills.ch and subcontractors (service providers), exclusively to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main people who may have access to the data of eskills.ch Users are the eSkills employees.

7.5 Types of data collected

For Users of the eSkills.ch website, we collect technical navigation data which is essential for the operation of the service, and which is stored for a maximum period of 30 days by Google Analytics.

Following the User’s request, eSkills.ch may collect the personal data provided by the User (surname, first name, e-mail address, additional data entered in the free field provided for this purpose) to process his/her request. The data provided by the User may be kept in an active database until the User withdraws his/her consent.

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we become aware of a breach of security, we will notify affected Users so that they can take appropriate action. Our breach notification procedures take our legal obligations into account.

No personal Information of the User of the site https://eskills.ch/ is published without the User’s knowledge, exchanged, transferred, ceded, or sold on any medium whatsoever to third parties. Only the assumption of the purchase of eSkills.ch and its rights would allow the transmission of the said Information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with regard to the User of the eSkills.ch site.

Security

To ensure the security and confidentiality of personal data, eSkills.ch uses networks protected by standard devices.

When processing Personal Data, eSkills.ch takes all reasonable measures to protect it from loss, misuse, unauthorised access, disclosure, alteration, or destruction.

9. Hypertext links, cookies, and internet tags

The eSkills.ch website contains a number of hyperlinks to other websites, set up with the permission of eSkills.ch. However, eSkills.ch is not in a position to check the content of the sites visited in this way, and consequently cannot accept any responsibility in this respect.

Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time and free of charge using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. “COOKIES

A “cookie” is a small information file sent to the Customer’s browser and stored in the Customer’s terminal (e.g., computer, smartphone), (hereinafter “Cookies”). This file includes information such as the Customer’s domain name, the Customer’s Internet service provider, the Customer’s operating system and the date and time of access. Cookies are in no way likely to damage the User’s terminal.

eSkills.ch is likely to process the Client’s Information concerning his/her visit to the site, such as the pages consulted, and the searches carried out. This information enables eSkills.ch to improve the content of the site and the Client’s navigation.

As Cookies facilitate browsing and/or the provision of services offered by the site, the Client may configure his/her browser to allow him/her to decide whether he/she wishes to accept them so that Cookies are recorded in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The Client may also configure his/her browser software so that he/she is offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be saved in his/her terminal. eSkills.ch informs the Client that, in this case, it is possible that not all the functions of his/her browser software will be available.

If the Customer refuses the storage of Cookies in his/her terminal or browser, or if the Customer deletes those stored there, the Customer is informed that his/her navigation and experience on the site may be limited. This could also be the case when https://eskills.ch/ or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.

Where applicable, eSkills.ch declines all responsibility for the consequences linked to the degraded functioning of the site and of any services offered by eSkills.ch, resulting from (i) the refusal of Cookies by the Client (ii) the impossibility for eSkills.ch to record or consult the Cookies necessary for their functioning due to the Client’s choice. For the management of Cookies and the Client’s choices, the configuration of each browser is different. This is described in the browser’s help menu, which will show how the Client can change his/her wishes regarding cookies.

At any time, the User may choose to express and modify his/her wishes regarding cookies. eSkills.ch may also call on the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icon dedicated to the LinkedIn social network on the eSkills.ch website and if the User has accepted the deposit of cookies by continuing to navigate on the eSkills.ch website or LinkedIn (or via its application), cookies can also be deposited on their terminals (computer, tablet, mobile phone).

These types of cookies are only deposited on terminals if the User consents to them by continuing to browse the eSkills.ch website. However, the Client may withdraw his/her consent to the storage of such cookies by eSkills.ch at any time.

9.2. INTERNET TAGS

eSkills.ch may occasionally use web beacons (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them via a web analysis partner (and therefore store the relevant information, including the Customer’s IP address) that may be located in a foreign country.

These tags are placed both in the online advertisements allowing Users to access the site and on the various pages of the site.

This technology enables eSkills.ch to evaluate the responses of visitors to the site and the effectiveness of its actions (for example, the number of times a page is opened, and the Information consulted), as well as the use of this site by the Client.

The external service provider may collect Information about visitors to the website and other websites using these tags, compile reports on website activity for eSkills.ch, and provide other services relating to the use of the website and the Internet.

10. Applicable law and jurisdiction

Any dispute relating to the use of the https://eskills.ch/ website is subject to Swiss law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Geneva.