Terms of Use

1. Legal Information

1.1 Website Publisher

Company Name: ITOT-Advice AG

• Registered Address: Bernoullystrasse 20, 4056 Basel-Stadt, Switzerland
• Registered Number: CH-270.3.017.287-9
• Business Identification Number (UID): CHE-243.297.269
• Canton: Basel-Stadt (BS)
• Email: contact@itot-advice.com
• Phone: +41 79 264 4082
• Publication Director: André Muller
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1.2 Website Host

Name: Infomaniak Network SA

• Address: Rue Eugène-Marziano 25, 1227 Geneva, Switzerland
• Phone: +41 22 820 35 44
• Website: www.infomaniak.com
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2. Purpose and Acceptance

These Terms of Use ("Terms") govern your access to and use of the www.itot-advice.com website ("Site"), operated by ITOT-Advice, registered in Basel-Stadt, Switzerland. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use this Site.

3. Access to the Site

3.1 General Access

The Site is accessible free of charge to any user with Internet access. All costs incurred by the user to access the Site (computer equipment, software, Internet connection, etc.) are the user's sole responsibility.

3.2 Availability

ITOT-Advice makes every reasonable effort to ensure quality access to the Site but is not obligated to guarantee uninterrupted service. ITOT-Advice cannot be held responsible for any malfunction of the network, servers, or any other event beyond reasonable control that prevents or degrades access to the Site.

3.3 Maintenance

ITOT-Advice reserves the right to temporarily interrupt access to the Site for maintenance, updates, or technical reasons. Users will be informed in advance when possible.

4. Intellectual Property

4.1 Site Content

All content on the Site (text, images, graphics, logos, videos, icons, sounds, software, databases, etc.) is the exclusive property of ITOT-Advice or its partners, unless otherwise stated, and is protected by Swiss and international intellectual property laws, including the Swiss Federal Act on Copyright and Related Rights (CopA).

4.2 Trademarks and Logos

The trademarks, logos, and service marks displayed on the Site are registered and unregistered marks of ITOT-Advice and its partners. Nothing on the Site shall be construed as granting any license or right to use any trademark without prior written permission.

4.3 Restrictions

Any reproduction, representation, modification, publication, or adaptation of all or part of the Site's elements, regardless of the means or process used, is prohibited without prior written authorization from ITOT-Advice.

4.4 Permitted Use

Users are authorized to view and download documents made available on the Site for strictly personal and professional use. Any commercial use, reproduction, or distribution is strictly prohibited without prior authorization.

5. Privacy and Data Protection

5.1 Applicable Law

ITOT-Advice is committed to protecting your privacy in accordance with:

• Swiss Federal Act on Data Protection (FADP / DSG)
• European Union General Data Protection Regulation (GDPR) where applicable
• Ordinance to the Federal Act on Data Protection (DPO)
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5.2 Data Controller

ITOT-Advice acts as the data controller for personal data collected through the Site. We process your data lawfully, fairly, and transparently.

5.3 Personal Data Collected

We collect the following types of personal data:

• Identification data: First name, last name, email address, phone number
• Professional data: Company name, job title, industry sector
• Navigation data: IP address, browser type, pages visited, visit duration, device information
• Communication data: Messages sent through contact forms, email correspondence
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5.4 Purposes of Data Processing

Your personal data is processed for the following purposes:

• Responding to contact requests and consultation inquiries
• Sending newsletters (with prior consent)
• Improving our services and website functionality
• Analyzing website usage through anonymized statistics
• Complying with legal obligations under Swiss law
• Preventing fraud and ensuring security
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5.5 Legal Basis for Processing

The processing of your personal data is based on:

• Your consent (contact forms, newsletter subscription)
• Pre-contractual measures (consultation requests, service inquiries)
• Legitimate interest (website improvement, anonymized analytics, business operations)
• Legal obligations (record keeping, tax compliance under Swiss law)
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5.6 Data Retention Period

• Contact data: 3 years from last contact
• Navigation data: Maximum 13 months
• Newsletter data: Until unsubscription
• Accounting documents: 10 years (as required by Swiss law)
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5.7 Your Rights Under Swiss Law

Under the Swiss Federal Act on Data Protection (FADP), you have the following rights regarding your personal data:

• Right of access: Obtain information about whether and what personal data we process about you
• Right to rectification: Correct inaccurate or incomplete data
• Right to erasure: Request deletion of your data (subject to legal retention requirements)
• Right to data portability: Receive your data in a structured, commonly used format
• Right to object: Object to the processing of your data
• Right to withdraw consent: Withdraw consent at any time (where processing is based on consent)
• Right to lodge a complaint: File a complaint with the Federal Data Protection and Information Commissioner (FDPIC)
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To exercise these rights, please contact us at: privacy@itot-advice.com

We will respond to your request within 30 days of receipt.

5.8 Data Security

ITOT-Advice implements appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include:

• SSL/TLS encryption for data transmission
• Secure data storage with Infomaniak (Swiss hosting provider)
• Access controls and authentication mechanisms
• Regular security assessments and updates
• Employee training on data protection principles
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5.9 Data Sharing

We do not sell, rent, or trade your personal data. Your data may be shared with:

• Service providers: Hosting (Infomaniak), email services, analytics tools (under data processing agreements)
• Legal authorities: When required by Swiss law or to protect our legal rights
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All third-party service providers are contractually bound to protect your data in compliance with Swiss data protection law.

5.10 International Data Transfers

Your personal data is hosted in Switzerland by Infomaniak and remains within Swiss jurisdiction. Switzerland is recognized by the European Union as providing an adequate level of data protection. If international transfers become necessary for service provision, appropriate safeguards (such as Standard Contractual Clauses or adequacy decisions) will be implemented in accordance with Swiss law.

6. Cookies and Tracking Technologies

6.1 What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences and improve your browsing experience.

6.2 Types of Cookies We Use

6.2.1 Strictly Necessary Cookies

These cookies are essential for the Site to function and cannot be disabled:

• Session cookie (temporary identifier for your visit)
• Security cookie (CSRF protection)
• Cookie consent (records your preferences)
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Legal basis: Legitimate interest (website functionality)

6.2.2 Analytics Cookies

These cookies help us understand how visitors use our Site (requires your consent):

• Usage statistics (pages visited, time spent, bounce rate)
• Technical information (browser, device type, screen resolution)
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Legal basis: Your consent

Retention: 13 months maximum

6.3 Managing Cookies

You can manage your cookie preferences at any time through:

• Cookie consent banner (displayed on your first visit)
• Cookie settings page (available in the footer)
• Your browser settings
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Please note that disabling certain cookies may affect some Site functionalities.

7. User Obligations and Prohibited Conduct

7.1 Acceptable Use

Users agree to:

• Use the Site in accordance with its intended purpose
• Provide accurate information in forms
• Respect intellectual property rights
• Not interfere with Site functionality
• Comply with all applicable Swiss and international laws
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7.2 Prohibited Activities

The following activities are strictly prohibited:

• Automated data extraction (scraping, crawling, or harvesting content)
• Uploading viruses, malware, or harmful software
• Attempting unauthorized access to restricted areas
• Posting or transmitting illegal, defamatory, or offensive content
• Impersonating another person or entity
• Any attempt to reverse engineer or decompile Site software
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8. Liability and Disclaimers

8.1 Content Accuracy

ITOT-Advice makes every effort to ensure the accuracy and timeliness of information on the Site. However, we cannot guarantee the accuracy, completeness, or currentness of all information provided. The information is provided for general informational purposes only and does not constitute professional advice.

8.2 Limitation of Liability

To the maximum extent permitted by Swiss law, ITOT-Advice shall not be liable for:

• Direct, indirect, incidental, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from inability to access the Site
• Damages caused by viruses despite protective measures
• Damages from unauthorized third-party access
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This limitation of liability does not apply to cases of gross negligence or intentional misconduct by ITOT-Advice, or to liability that cannot be excluded under Swiss law (such as personal injury).

8.3 External Links

The Site may contain links to third-party websites. ITOT-Advice has no control over these sites and assumes no responsibility for their content, availability, or privacy policies. Access to third-party sites is at your own risk.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with Swiss law, specifically the Swiss Code of Obligations (OR/CO), without regard to its conflict of law provisions.

9.2 Jurisdiction

Any disputes arising from or relating to these Terms or the use of the Site shall be subject to the exclusive jurisdiction of the courts of Basel-Stadt, Switzerland. The place of jurisdiction is Basel, Switzerland.

9.3 Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations. If a resolution cannot be reached within 30 days, either party may pursue legal remedies in accordance with Swiss law.

10. Modifications to the Site and Terms

10.1 Terms Modifications

ITOT-Advice reserves the right to modify these Terms at any time. Changes become effective upon posting on the Site. Continued use of the Site after changes constitutes acceptance of the modified Terms. For substantial changes, registered users will be notified by email. We recommend reviewing these Terms periodically.

11. Miscellaneous Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement between you and ITOT-Advice regarding the use of the Site and supersede all prior agreements and understandings.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable under Swiss law, the remaining provisions shall remain in full force and effect.

11.3 Language

These Terms are available in English, French, and German. In case of discrepancies between versions, the English version shall prevail.

12. Contact Information

General Inquiries

• Email: legal@itot-advice.com
• Postal Address: ITOT-Advice AG, Bernoullystrasse 20, 4056 Basel-Stadt, Switzerland
• Phone: +41 79 264 4082
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Data Protection Officer

For privacy-related inquiries: privacy@itot-advice.com

Supervisory Authority

Federal Data Protection and Information Commissioner (FDPIC)

• Feldeggweg 1, 3003 Bern, Switzerland
• Phone: +41 58 462 43 95
• Website: www.edoeb.admin.ch
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