Privacy Policy
Welcome to Ergonos Website (hereinafter referred to as the "Website"). The present document describes the Privacy Policy regarding the general use of the Website and the use of the Password Protected Areas of the Website (hereinafter referred to as "My Ergonos").
Please note that Ergonos—and all its branch offices and affiliates—(hereinafter referred to as "Ergonos" "We", "Us" or "Our") is a company incorporated under the laws of Switzerland and that the present Privacy Policy is submitted—insofar as applicable—to the Swiss Data Protection Act and to the Swiss Civil Code articles regarding the personality protection.
By accessing and using Our Website, You (hereinafter also referred to as, the "User(s)" or "Your") confirm to have carefully read, understood, accepted and agreed to be bound without limitation by the terms and conditions stated in the present Privacy Policy.
Please carefully read our online Terms of Use which together, with the present Privacy Policy, governs Ergonos' relationship with You in relation with the use of the Website.
This Website is intended for adults. If You are not authorised to form legally binding contracts under applicable law, please do not use Our Website.
Please check for updates regularly as We may post additional terms and/or conditions—and/or modify the existing ones—that apply to specific use, specific Website areas, or to the whole Website. The present Privacy Policy enters into force on the date of their publication. The date of the last update appears on the top of the document.
Information We May Collect from the Regular Website Users and How We Use It
You can visit Our Website without giving Ergonos information about Your person. Only non—individually identifiable information ("Non-Personal Information") is collected on an anonymous basis by way of "Google Analytics" for the purpose of the improvement of Our online offer. Google Analytics is a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on Your computer, to help Us to analyze how Users use the Website and to assist You in using Our Website (e.g. by remembering Your name and password). The information generated by the cookie about Your use of the Website (including Your IP address) may be stored by Google on servers in the United States. Google may use this information 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 usage. Google may also transfer this information to third parties when required to do so by law, or when such third parties process the information on Google's behalf. Google will not associate Your IP address with any other data held by Google. You may choose not to benefit from the use of personal cookies, or choose to be informed before the registering of a cookie, by selecting the appropriate settings on Your browser. Please note that if You do this You might 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.
Information We May Collect from Registered Users and How We Use It
In general
Within the framework of the negotiation of a contract or of the performance of an existing contract, personal information such as name or company name, mission details, title, address, telephone number, email, date of birth or any other confidential document ("Personal Information") that Users may have chosen to transfer to Ergonos or that Users choose to transfer to Ergonos through My Ergonos may be disclosed to third parties but only to the extent necessary for the proper performance of the contract or in relation to the negotiation of a contract or for internal statistical purposes.
Outside the situations mentioned above, We are only entitled to transfer Personal Information anonymously to help Our Clients or Prospective Clients (hereinafter referred to as "Client(s)") to verify the eligibility of Our Consultants or Prospective Consultants (hereinafter referred to as "Consultant(s)") or Candidates or Prospective Candidates (hereinafter referred to as "Candidate(s)") to render the services Clients look for, to inform the Consultants or Candidates of the needs of the Clients, to respond to specific demands, to provide general information to Our Clients in the aim of helping them to assess the quality of Our Candidates or Consultants database or for internal statistical purposes.
Ergonos may also transfer to the User information through the User's My Ergonos personal page. In this case, the User shall only disclose such information in accordance with the above rules or if a contract containing rules about confidentiality exists between Ergonos and the User, in accordance with the rules of this contract.
We have the right to disclose any Personal or Non-Personal Information to third parties without prior permission if We have a good faith belief that such an action is necessary to protect and defend the rights, property or safety of Ergonos, the Website Users, suppliers or the public or respond to any dispute, controversy or claim, related or not to the Website Users. We are also entitled to disclose such information as We deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
Transfer within Ergonos
If the Users choose to transfer to Us through My Ergonos Personal or Non-Personal Information or confidential documents, it may be transferred within Ergonos even across borders and from the User's country of jurisdiction to other countries of jurisdiction. Within Ergonos We restrict internal access to Personal Information to the employees and staff who need to be fully aware of this kind of data either to fulfil a request from a client or evaluate Your experience or qualification in connection with the management of your profile. Please note that Ergonos' external service providers, such as computer technicians, might also accede to Personal or Non-Personal Information stored by Us but are submitted to strict confidentiality duties.
Security
Ergonos is committed to take all reasonable and necessary steps (technical, administrative and physical safeguards) to protect from loss, misuse, alteration, unauthorised access or improper disclosure all the information that is collected about the Users of this Website or transferred to Us through My Ergonos.
In spite of that, all Users must be aware that Ergonos can not fully guarantee exclude total inaccessibility to data. The data that is transported over an open network, like internet or email, may potentially be accessible for anybody and although We guarantee to use all the reasonable means to protect Your data, We can unfortunately not guarantee the absolute confidentiality of any communication or material transfer via these networks.
For some services, We use encryption systems to transfer Your data. You are in an encrypted page when the URL of the page starts by "https". Although encryption systems constitute a reliable guarantee regarding the confidentiality of the transferred data, Ergonos can not guarantee that encryption shall constitute at anytime an absolute protection against all possible hazard. You therefore assume at Your own risk the transfer of data to Us or from Our Website.
Ergonos is not liable in case of loss, misuse, alteration, unauthorised access or improper disclosure of Personal or Non-Personal Information during the transfer, in open or encrypted network. If there is any objective and reasonable risk for the security or confidentiality of Your data, We recommend that you use another mean of communication.
Ergonos is not liable in case of loss, misuse, alteration, unauthorised access or improper disclosure of Personal or Non-Personal Information due to the negligence of the Users or the Website regarding the confidentiality of their username and/or password.
Ergonos is not liable in case of contamination of Your computer by viruses, other programming routines or engines that are intended to harm, destroy, damage or detrimentally interfere with any system, information, data or program, during the visit of the general or Password Protected portion of Our Website (My Ergonos), even if transmitted trough this Website.
If You Stop Using Our Website
If You stop using Our Website, We may continue, as long as necessary or legally requested, to store, use and/or disclose Your Personal and Non-Personal Information in accordance with the terms and condition of the present Privacy Policy or legal requirements.
Updates or Corrections of Your Data
We commit to take all reasonable steps to ensure the accessibility, quality and accuracy of Our database. As a registered User, should You need to accede, correct or update Your Personal Information, please proceed at the necessary steps trough My Ergonos or contact Us at ergonos@ergonos.ch. However, We remind You that email is an open network.
Respect of the Privacy Policy by Third Parties
Ergonos shall take all reasonable steps to assure that any third party to which Personal or Non-Personal Information is transmitted are aware of the present Privacy Policy and that they take all the reasonable precautions to protect the transferred data. However, Ergonos can not be held liable for the non—respect of one or more clause of the present Privacy Policy or for loss, misuse, alteration, unauthorised access or improper disclosure by a third party to which Personal or Non-Personal Information is transmitted in accordance with this Privacy Policy.
Legal Obligations
Please note that, to comply with Our legal or contractual obligations (e.g. fiscal or auditing requirements), We may have to retain for long periods data which may include Personal or Non-Personal Information.
Applicability of the Privacy Policy in Case of Data Transfer to Another Country
Although legal requirements concerning the protection of the privacy may vary following the countries, Ergonos guarantees—within the legal possibilities—that the principles set forth in the present Privacy Policy shall be applicable even if Your Personal Information is transferred to a country which juridical order does not impose an adequate level of protection for the Personal Information.
Links
This Website may contain external links to other websites. These other websites are not subject to the present Privacy Policy and We are therefore not responsible for the policy they apply regarding the Personal and Non-Personal Information. We recommend that You read the privacy policies of these websites to know how they protect Your Personal and Non-Personal Information against loss, misuse, alteration, unauthorised access or improper disclosure.
Indemnification
You agree to indemnify Ergonos for any damage connected or arising from Your use of the Website.
Governing Law & Settlement of Disputes
The internal federal laws of Switzerland, without reference to its conflict laws, shall apply to any dispute, controversy or claim ("Dispute") arising out or in connection with the present Privacy Policy, including any question regarding its existence, validity or construction.
All Disputes arising out or in connection with the present Privacy Policy shall be settled under the Rules of Conciliation and Arbitration of the Chamber of Commerce and Industry of Geneva (Switzerland) by one or more Arbitrators appointed in accordance with the said rules. The arbitration seat and actual venue shall be Geneva. The arbitration shall be conducted in the English language.
Comments & Questions
If You have any comment or question regarding this Privacy Policy, please contact Us at ergonos@ergonos.ch.