1. INTRODUCTION

1.1 These Terms of Use and Privacy Policy (the “Terms “) govern the use of information and services made available to the user (the “User” or “You”, the terms “Your” referring directly to the User) by Cinetic through this Website and other potential sites and applications operated by Cinetic. They apply to all uses that the User currently makes or will do in the future. Therefore, please read these Terms carefully.

1.2 Cinetic makes the Website available to the User on the condition that the User accepts, without reservations, these Terms. By accessing this Site and the pages, services, information, tools and materials it contains, You acknowledge to accept and understand these Terms. If You do not agree to these Terms of Use, please do not continue to visit this Website.

1.3 The information contained on the Website is selected and categorised for the sole purpose of informing the User about Cinetic’s services and business.

1.4 Cinetic may amend these Terms, at any time and without notice, as well as all documents and information made available on the Website. The version published on this Website is the current version.

2. OWNERSHIP OF THE WEBSITE, TRADEMARK AND COPYRIGHT

2.1 Cinetic, or any third party concerned, retains all rights, titles and interests (including copyrights, trademarks, patents and other intellectual property rights) over the information and contents (including texts, data, graphics and logos) of the Website. The pages of the Website may only be printed for personal or internal purposes, provided that these impressions retain all copyrights in force and all other notices relating to the ownership of the Website and the information it contains. It is forbidden for any User, in a non-exhaustive way, to modify, copy, transmit, display, distribute, reproduce, publish, exploit, create derivative works from, or use in any other way for commercial or public purposes these information, text, graphics, images, video clips, directories, databases obtained from this Website, in whole or in part, without the prior written permission of Cinetic.

3. NO GURANTEE

3.1 Cinetic, or any third party concerned, retains all rights, titles and interests (including copyrights, trademarks, patents and other intellectual property rights) over the information and contents (including texts, data, graphics and logos) of the Website. The pages of the Website may only be printed for personal or internal purposes, provided that these impressions retain all copyrights in force and all other notices relating to the ownership of the Website and the information it contains. It is forbidden for any User, in a non-exhaustive way, to modify, copy, transmit, display, distribute, reproduce, publish, exploit, create derivative works from, or use in any other way for commercial or public purposes these information, text, graphics, images, video clips, directories, databases obtained from this Website, in whole or in part, without the prior written permission of Cinetic.

4. ABSENCE OF RESPONSABILITY

4.1 In no event shall Cinetic be liable towards any User or any person for any direct or indirect loss, costs, claims, costs or damages of any nature whatsoever, whether contractual or tort, including negligence, resulting from the access to the Website, its use or the inability to access or use the Website, or any action taken or not on that basis, whether such damage is direct, indirect, special, incidental or consequential, even if Cinetic knew or had good reason to know the possibility of such damages or claims.

4.2 Cinetic has no influence over the information that could be accessed through links on its own Website to third-party or external links and websites, and the same absence of responsibility stated in section 4.1 above shall apply to Cinetic for the contents of such external links or third-party websites.

5. DATA PROTECTION STATEMENT

5.1 Within the scope of Our business activities, We collect and process personal data, in particular personal data concerning our clients, associated persons, counterparties, professional and other associations, visitors to Our Website, event participants, newsletter recipients, and other entities, or their respective contact persons and employees. “Personal data” is defined as all details and information relating to an identified or identifiable natural person. In this Data Protection Statement, We inform You about this data processing. In addition to this Data Protection Statement, We may inform You separately about the processing of Your data (e.g., in forms, or in other contractual terms). If You disclose data about other persons to Us (e.g., family members, employers
or employees, representatives, counterparties, or other associated persons), We assume that You are authorised to do so and that this data is accurate, and that You have ensured that these persons have been informed about this disclosure, insofar as a legal duty to inform applies (e.g., by bringing this Data Protection Statement to their attention beforehand).

5.2 For which purposes do We process User’s data?

If You use Our services, use Our Website, or otherwise interact with Us, We collect and process various categories of Your personal data (mainly surname, name, email, telephone number, address, country). In principle, We may collect and otherwise process this data for the following purposes, in particular:

Communication: We process personal data to enable Us to communicate with You via email, telephone, letter, or otherwise. This may take the form of newsletters and other regular contacts (electronic, by post, by telephone). You may refuse such communication at any time or refuse or withdraw consent to such communication. For this purpose, We primarily process the contents of the communication, mainly Your contact details. In the event of an audio or video recording, We will notify you separately, and You are free to inform Us if You do not wish a recording or to terminate the communication. Should We need or wish to establish Your identity (for the proper provision of Our services for instance), We collect additional data (e.g., a copy of an ID document).

Contract Initiation and Conclusion: With regard to the conclusion of a contract, such as a contract establishing a client relationship, with You or Your principal or employer – which also includes checking for potential conflicts of interest – We may in particular collect and otherwise process Your name, contact details, other personal details, authorisations, declarations of consent, contract contents, date of conclusion, and all other data that You provide to Us or that We collect from public sources or third parties (e.g., commercial registers, media, or the Internet).

Contract Management and Execution: We collect and process personal data so that We can comply with Our contractual obligations towards Our clients and other contractual partners (e.g., suppliers, service providers, project partners). For this purpose, We process, in particular, the data that We have received or collected during the initiation, conclusion, and execution of Our contract with Our clients, as well as data that We create in the course of Our contractual services or that We collect from You, public sources or from other third parties. This data may include conversation and consultation minutes, notes, internal and external correspondence, contract documents, documents that We create and receive during Our communications with You.

Operation of our Website: To be able to operate Our Website securely and stably, We collect technical data, such as the IP address, details about the operating system and settings of Your device, the region, the time, and the type of use. We also use cookies and similar technologies. For further information, see section 5.7.

Improvement of our Services and Digital Offerings: To continuously improve Our services and our digital offerings (e.g. Website), We collect data about Your behaviour and Your preferences, for example, by gathering feedback on Our services or analysing how You navigate through Our Website and how You interact with Our social media profiles.

Job Applications: If You apply for a position with Us, We collect and process the corresponding data for the purpose of reviewing the application, conducting the application process, and, for successful applications, for the preparation and conclusion of a corresponding contract. In addition to Your contact details and the information from the corresponding communication, We process in particular the data contained in Your application documents and the data that We may additionally collect about You, for example, from professional social networks, the Internet, the media, and references, if You consent to Us obtaining references.

Further Purposes: Further purposes include, for example, training and educational purposes, as well as administrative purposes (e.g., accounting). We may listen to or record telephone or video conferences for training, and quality assurance purposes. In such cases, We will inform You separately (e.g., by a notice during the video conference concerned), and You are free to inform Us if You do not wish a recording, or to terminate the communication (if You only do not wish a recording of Your image, please turn off Your camera). Furthermore, We may process personal data for the organisation, execution, and follow-up of events, such as participant lists and contents of presentations and discussions, as well as image and audio recordings created during these events.

5.3 Where does the data come from?

Primarily from You: The majority of the data We process is disclosed to Us by You (e.g. in connection with Our services, the use of Our Website or any other programs, or communication with Us). If You want to conclude contracts with Us or use Our services, for example, You must disclose certain data to Us. The use of Our Website is also not possible without data processing.

5.4 To whom do We disclose Your data?

In connection with the purposes listed in section 5.2, We may transfer Your personal data in particular to the categories of recipients listed below.

Service Providers: We work with service providers and sub-contractors in Switzerland and abroad who process data (i) on Our behalf (e.g., IT providers), (ii) under joint responsibility with Us, or (iii) under their own responsibility, which they have received from Us or collected for Us. These service providers include, for example, IT providers, banks, insurers, or Our agents. We generally conclude contracts with these third parties regarding the use and protection of personal data. We also enable certain third parties, for example at Our events, to also collect personal data from You on their own responsibility (e.g., media photographers, speakers, etc.). Insofar as We are not crucially involved in these data collections, these third parties are solely responsible for them.

Authorities: We may pass on personal data to offices and other authorities in Switzerland and abroad if this is necessary for the fulfilment of Our contractual obligations, or if We are legally obliged or entitled to do so, or if this appears necessary to safeguard Our interests. These recipients process the data under their own responsibility.

5.5 Is User’s personal data transferred abroad?

We process and store personal data mainly in Switzerland and the European Economic Area (EEA), but potentially in every country in the world, depending on the case – the scope of services and work We provide to Our clients. If a recipient is located in a country without an adequate level of data protection, We contractually oblige the recipient to comply with an adequate level of data protection (for this purpose, We use the revised standard contractual clauses of the European Commission, which can be viewed here: https://eurlex.europa.eu/eli/dec_impl/2021/914/oj? , including the necessary additions for Switzerland), unless they are already subject to a legally recognised framework for ensuring data protection. We may also disclose personal data to a country without an adequate level of data protection without concluding a separate contract for this purpose if We can rely on an exception clause. An exception may apply, in particular, in the case of overriding public interests or if the execution of a contract in Your interest requires such disclosure, if You have consented, or if obtaining Your consent within a reasonable period is not possible and the disclosure is necessary to protect Your interests.

5.6 What are Your rights?

You have certain rights in connection with our data processing. You can, in particular, request information about the processing of Your personal data, have inaccurate personal data corrected, request the erasure of personal data, object to data processing, or request the provision of certain personal data in a standard electronic format or its transfer to other controllers. If You wish to exercise Your rights against Us, please contact Us by using Our contact details mentioned in section 6 below. Please note that these rights are subject to conditions, exceptions, or restrictions (e.g., to protect third parties or trade secrets). We reserve the right to black out copies or only provide extracts for reasons of data protection law or confidentiality.

5.7 How are cookies, similar technologies, and social media plug-ins used on our Website and other digital services?

When using Our Website (incl. newsletter and other digital offerings), data is generated and stored in logs (in particular technical data). In addition, We may use cookies and similar technologies (e.g., pixel tags or fingerprints) to recognise website visitors, evaluate their behaviour, and identify preferences. A cookie is a small file that is transmitted between the server and Your system and enables the recognition of a specific device or browser. You can set Your browser to automatically reject, accept, or delete cookies. You can also deactivate or delete cookies individually. You can find out how to manage cookies in Your browser in Your browser’s help menu. Neither the technical data collected by Us nor cookies generally contain personal data. However, personal data that We or third-party providers commissioned by Us store about You (e.g., if You have a user account with these providers) may be linked to the technical data or to the information stored in and obtained from cookies and thus potentially to You as a person. We also use social media plug ins, which are small software components that establish a connection between Your visit to Our Website and a third party provider. The social media plug-in informs the third party provider that You have visited Our Website and can transmit cookies to the third-party provider that the latter has previously placed on Your web browser. Further information on how these third-party providers use Your personal data collected via their social media plug-ins can be found in their respective data protection statements.


5.8 How do We process personal data on our pages in social networks?

We operate pages and other online presences on social networks and other platforms operated by third parties and may process data about You in this context. We receive data from You (e.g., when You communicate with Us or comment on Our content) and from the platforms (e.g., statistics). The providers of the platforms can analyse Your use and process this data together with other data they have about You. They also process this data for their own purposes (e.g., marketing and market research purposes and for the administration of their platforms), and act as their own controllers for this purpose. Further information on the processing by the platform operators can be found in the data protection statements of the respective platforms. We currently use the following platform, whereby the identity and contact details of the platform operator are available in the data protection statement:

LinkedIn
linkedin.com
https://www.linkedin.com/legal/privacy-policy

Instagram
Instagram.com
https://privacycenter.instagram.com/policy/ entry_point=ig_help_center_data_policy_redirect

We are entitled, but not obligated, to check third-party content before or after its publication on our online presences, to delete content without notice, and, if necessary, to report it to the provider of the platform concerned. Some of the platform operators may be located outside Switzerland.


5.9 What else should be noted?

We assume that the EU General Data Protection Regulation (“GDPR”) is fundamentally not applicable in Our case. However, should this exceptionally be the case for certain data processing activities, then this section 5.9 shall apply in addition, exclusively for the purposes of the GDPR and the data processing subject to it.

We base the processing of Your personal data in particular on the fact that:

+ it is necessary as described in section 5.2 for the initiation and conclusion of contracts and their management and enforcement (Art. 6 (1) lit. b GDPR);

+ it is necessary for the safeguarding of legitimate interests of Us or third parties as described in section 5.2, namely for communication with You or third parties, to operate Our Website, for the improvement of Our services and Our digital offerings and registration for certain offers and services, for security purposes, for compliance with Swiss law and internal regulations, and for other purposes such as training and education, administration, organisation, execution and follow-up of events, and for safeguarding other legitimate interests (see section 5.2) (Art. 6 (1) lit. f GDPR);

+ it is legally required or permitted based on Our mandate or Our position under the law of the EEA or a Member State (Art. 6 (1) lit. c GDPR) or is necessary to protect Your vital interests or those of other natural persons (Art. 6 (1) lit. d GDPR);

+ You have separately consented to the processing (Art. 6 (1) lit. a, and Art. 9 (2) lit. a GDPR).

We point out that We generally process Your data for as long as Our processing purposes (cf. section 5.2), statutory retention periods, and Our legitimate interests, in particular for documentation and evidence purposes, require it, or storage is technically conditional (e.g., in the case of backups or document management systems). Unless legal or contractual obligations or technical reasons prevent it, We generally delete or anonymise Your data after the storage or processing period has expired within the scope of Our usual procedures and in accordance with Our retention policy. If You do not provide certain personal data, this may lead to the associated services not being provided or a contract not being concluded. We generally indicate where personal data requested by Us is mandatory or necessary. The right to object to the processing of Your data, as set out in section 5.6, applies in particular to data processing for the purpose of direct marketing. If You are not satisfied with how We handle Your rights or data protection, please let Us know (cf. contact details in section 6 below).

6. APPLICABLE LAW AND JURISDICTION

The present Terms are governed by Swiss law, without regard to the conflict of law rules thereof.

Any dispute arising out of or in relation with the present Terms shall be submitted to the courts of Geneva, Switzerland.

7. CONTACT

Within the limits of the applicable legal provisions, all questions of the User relating to the processing of their data collected on the Website or relating to the use of the Website are to be addressed to Cinetic as follows:

Cinetic Creatives SA
Rue des Vieux-Grenadiers 10
1205 Geneva
Switzerland

or by email to :
hello@cinetic-creatives.com


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