Legal Notice
Definitions
Client: Any professional or natural person capable in the sense of the Swiss Civil Code (RS 210), or legal entity, who visits the Site, subject of these general terms and conditions.
Services: https://www.mbstudiopilates.com provides Clients with its expertise in the Pilates studio in Geneva.
The conditions for the provision of the Services to Clients are subject to changes to be agreed between the parties. In this case, the Client will be informed of the new conditions and their date of application according to the agreed procedures.
Specific Services may be added to the Services covered by these GT&Cs and corresponding to the Site. These services will then be subject to a specific contract between Studio Pilates Genève Sàrl and the Client.
Content: All elements constituting the information present on the Site, notably texts – images – videos.
Client Information: Hereinafter referred to as "Information(s)" which corresponds to all personal data likely to be held by https://www.mbstudiopilates.com for the management of your account, customer relationship management, and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal Information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies."
The terms “personal data”, “data subject”, “processor”, and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
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Presentation of the Website
Owner: MB Studio Pilate, Rue du Savoie 7A, 1207 Geneva, Switzerland
Publication Manager: Internet Diffusion Sàrl
Webmaster: https://www.mbstudiopilates.com – info@internetdiffusion.com
Host: Tizoo Sàrl – La Marnière 29 2068 Hauterive 032 510 48 33
Data Protection Officer: Internet Diffusion Sàrl -
General Conditions of Use of the Site and Services Offered
The Site constitutes an intellectual work protected by the provisions of the Swiss Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.
The use of the site https://www.mbstudiopilates.com implies **full and complete acceptance** of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the site https://www.mbstudiopilates.com are invited to consult them regularly.
This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://www.mbstudiopilates.com, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website https://www.mbstudiopilates.com is regularly updated by https://www.mbstudiopilates.com. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible to become aware of them.
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Description of Services Provided
The purpose of the website https://www.mbstudiopilates.com is to provide information concerning all of the company's activities. https://www.mbstudiopilates.com strives to provide information on the https://www.mbstudiopilates.com site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by itself or by third-party partners who provide it with this information.
All information indicated on the site https://www.mbstudiopilates.com is given for information purposes only and is subject to change. Furthermore, the information on the site https://www.mbstudiopilates.com is not exhaustive. It is given subject to modifications having been made since it was put online.
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Contractual Limitations on Data
The site uses JavaScript technology. The Website cannot be held responsible for material damage related to the use of the site. Furthermore, the user of the site agrees to access the site using recent equipment, free of viruses and with a latest-generation, updated browser.
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It reserves the right, however, to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services generate traffic deemed abnormal.
https://www.mbstudiopilates.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines, or computer and telephone equipment related in particular to network congestion preventing access to the server.
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Intellectual Property and Counterfeiting
https://www.mbstudiopilates.com is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, notably texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with prior written authorization from: https://www.mbstudiopilates.com.
Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Article 231.1 et seq. of Swiss private law.
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Limitations of Liability
https://www.mbstudiopilates.com acts as the editor of the site. https://www.mbstudiopilates.com is responsible for the quality and veracity of the Content it publishes.
https://www.mbstudiopilates.com cannot be held liable for direct and indirect damage caused to the user's equipment, when accessing the website https://www.mbstudiopilates.com, 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 incompatibility.
https://www.mbstudiopilates.com can also not be held liable for indirect damages (such as, for example, a loss of market or loss of opportunity) resulting from the use of the site https://www.mbstudiopilates.com. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.mbstudiopilates.com reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable legislation in Switzerland, particularly the provisions relating to data protection. Where applicable, https://www.mbstudiopilates.com also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of a message of a racist, abusive, defamatory, or pornographic nature, regardless of the medium used (text, photography, etc.).
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Personal Data Management
The Client is informed of the regulations concerning marketing communication, the Federal Data Protection Act (235.1) of June 21, 2014, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1. Personal Data Collection Managers
For Personal Data collected during the creation of the user's personal account and their navigation on the Site, the data controller for Personal Data is: https://www.mbstudiopilates.com which is represented by MB Studio Pilate, its legal representative.
As the controller of the data it collects, https://www.mbstudiopilates.com undertakes to comply with the framework of the legal provisions in force. It is its responsibility, in particular, to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing activities that is compliant with reality.
Whenever https://www.mbstudiopilates.com processes Personal Data, https://www.mbstudiopilates.com takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.mbstudiopilates.com processes them.
7.2. Purpose of Collected Data
https://www.mbstudiopilates.com may process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, hashed password
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://www.mbstudiopilates.com: email address
- to conduct communication campaigns (SMS, email): phone number, email address
https://www.mbstudiopilates.com does not market your personal data, which is therefore only used out of necessity or for statistical and analysis purposes.
7.3. Right of Access, Rectification, and Opposition
In accordance with current European regulations, Users of https://www.mbstudiopilates.com have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, completeness of User data.
- Right to lock or erase Users' personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited.
- Right to withdraw consent at any time (Article 13-2c GDPR).
- Right to limitation of the processing of User data (Article 18 GDPR).
- Right to oppose the processing of User data (Article 21 GDPR).
- Right to portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR).
- Right to define the fate of User data after their death and to choose to whom https://www.mbstudiopilates.com must communicate (or not) their data to a third party whom they have previously designated.
As soon as https://www.mbstudiopilates.com becomes aware of the death of a User and in the absence of instructions from them, https://www.mbstudiopilates.com undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to fulfill a legal obligation.
If the User wishes to know how https://www.mbstudiopilates.com/ uses their Personal Data, they can:
- consult them or oppose their processing by deleting them automatically by following the procedure available at this address: https://www.mbstudiopilates.com/acces-donnees
- request to modify their data by contacting https://www.mbstudiopilates.com/ via this form or in writing to the following address:
Rue du Savoie 7A
1207 Genève
Suisse
In this case, the User must indicate the Personal Data that they would like https://www.mbstudiopilates.com to correct, update, or delete, by precisely identifying themselves 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 https://www.mbstudiopilates.com by law, particularly concerning the retention or archiving of documents.
7.4. Non-disclosure of Personal Data
https://www.mbstudiopilates.com refrains from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the client in advance. However, https://www.mbstudiopilates.com remains free to choose its technical and commercial processors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.mbstudiopilates.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client's Information is brought to the attention of https://www.mbstudiopilates.com, the latter must promptly inform the Client and communicate the corrective measures taken. Furthermore, https://www.mbstudiopilates.com does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://www.mbstudiopilates.com and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main people likely to have access to the data of the Users of https://www.mbstudiopilates.com are mainly the agents of our customer service.
7.5. Types of Data Collected
Regarding the users of the site https://www.mbstudiopilates.com, we collect the following data during a contact made via the form, which are essential for the operation of the service, and which will be kept for a maximum period of 36 months:
name, first name, company, address, telephone, email, website. -
Incident Notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We can consequently not guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We undertake to fully inform our clients of all matters relating to the security of their account and to provide them with all the necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of the site https://www.mbstudiopilates.com is published without the user's knowledge, exchanged, transferred, ceded, or sold on any medium to third parties. Only the assumption of the repurchase of https://www.mbstudiopilates.com and its rights would allow the transmission of said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data vis-à-vis the user of the site https://www.mbstudiopilates.com.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, https://www.mbstudiopilates.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and password.
When processing Personal Data, https://www.mbstudiopilates.com takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
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Hypertext Links "Cookies" and Internet Tags ("Tags")
The site https://www.mbstudiopilates.com contains a number of hypertext links to other sites, set up with the authorization of https://www.mbstudiopilates.com. However, https://www.mbstudiopilates.com does not have the possibility of verifying the content of the sites thus visited, and will therefore assume no responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time and free of charge from 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 User's browser and stored within the User's terminal (e.g., computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet access provider, the User's operating system, as well as the date and time of access. Cookies are in no way likely to damage the User's terminal.
https://www.mbstudiopilates.com may process User information concerning their visit to the Site, such as the pages viewed, the searches carried out. This information allows https://www.mbstudiopilates.com to improve the content of the Site, and the User's navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure their browser so that it allows them to decide whether or not to accept them so that Cookies are recorded in the terminal or, conversely, that they are rejected, either systematically or according to their issuer. The User can also configure their navigation software so that the acceptance or refusal of Cookies is offered to them punctually, before a Cookie is likely to be recorded in their terminal. https://www.mbstudiopilates.com informs the User that, in this case, it is possible that not all the functionalities of their navigation software are available.
If the User refuses the registration of Cookies in their terminal or browser, or if the User deletes those that are registered there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://www.mbstudiopilates.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems connected to the Internet.
Where applicable, https://www.mbstudiopilates.com declines all responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by https://www.mbstudiopilates.com, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.mbstudiopilates.com to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow to know how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://www.mbstudiopilates.com may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the Site of https://www.mbstudiopilates.com or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or the mobile application of https://www.mbstudiopilates.com, Twitter, Facebook, Linkedin, and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are deposited on your terminals only if you consent to it, by continuing your navigation on the Website or the mobile application of https://www.mbstudiopilates.com. At any time, the User can nevertheless withdraw their consent for https://www.mbstudiopilates.com to deposit this type of cookies.
9.2. INTERNET TAGS ("TAGS")
https://www.mbstudiopilates.com may occasionally employ Internet tags (also known as "tags", or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialist web analysis partner likely to be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of it.
This technology allows https://www.mbstudiopilates.com 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 User.
The external service provider may possibly collect information on visitors to the Site and other websites using these tags, compile reports on the Site's activity for the attention of https://www.mbstudiopilates.com, and provide other services relating to the use of it and the Internet.
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Applicable Law and Jurisdiction.
Any dispute in connection with the use of the site https://www.mbstudiopilates.com is subject to **Swiss law**. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of **Geneva**.
Legal Notice
Respect for privacy
MB Studio Pilate
Rue du Savoie 7A
1207 Genève
Suisse