General Conditions, General Conditions of Sale and Use (CGVU) and Declaration of Confidentiality and Use of the Gastronomiac site
Terms and Conditions
These general conditions govern the relationship between you, in your capacity as User, and the Gastronomiac site, hereinafter collectively "us", as a supplier of products and services, in particular of offers and online as well as mobile applications (hereinafter “products”) and, as regards online offers and mobile applications, (“digital offers”).
By using our products, you agree that these general conditions form an integral part of our contractual relationship. You declare that you accept the following provisions as well as the legal provisions concerning our products and any third party services and products that we provide to you.
Please also read our Data Protection Policy, which explains how we handle the personal information you make available to us. If you do not agree to the terms below, please do not use our digital offers.
- Copyright and other intellectual property rights
The graphics, brands and logos, as well as all content (text, tables, images, videos, graphics, etc.) to which you have access by using our products are our property or that of our licensors. Subject to our express consent, you are not permitted to use them other than as expressly stated below or as follows from the function of the products. You are also not authorized to grant rights of use on them to third parties. By use is meant in particular the modification, offering, granting of a license, alienation, distribution, publication, reproduction, rental, distribution, making available, as well as the manufacture , transfer and sale of derivative works.
The software used to operate our digital offers is protected by copyright. You are not authorized to use them contrary to the following provisions. In particular, you are prohibited from copying this software, reproducing it, modifying it or using it in any other way.
- Product use
All products are intended for personal, non-commercial use only. You are authorized to download and display our digital offers on a computer screen or mobile terminal, to print pages (but not to photocopy them) and to save them in electronic format on your computer or mobile terminal for your personal use. and not commercial. Likewise, you are only authorized to use our digital offers on devices intended for this purpose, for your personal and non-commercial use. In particular, any automatic downloading of the products and any distribution of them in other systems is only permitted with our express consent. We reserve the right to revoke this consent at any time.
Our digital offers are in principle available around the clock and are regularly updated. We reserve the right to temporarily or permanently restrict access to them for technical reasons or for any other reason.
- Paid products and payment terms
Paid products can be used at the applicable rates and within the framework provided for on the date of conclusion of the contract. Said contract is concluded as soon as the invoice has been established, the confirmation of payment (possibly by credit card) has taken place or when you first access paid products. All payments (including applicable taxes, in particular VAT) must be made in advance, without deduction and in euros or, where applicable, in another currency that we will have indicated. Any costs arising from access to digital offers via your computer or one of your mobile devices are entirely your responsibility.
Unless expressly stated otherwise, subscriptions to paid products cannot be interrupted. In the event that your access to paid products is refused, you will receive for the unused contractual period a refund in proportion to any payments already made. Such reimbursement is excluded if this refusal results from a violation of these general conditions which is attributable to you.
If you wish to make use of the possibility of acquiring or subscribing to products or services from our partners or third parties as part of our digital offers, the related contract is concluded exclusively and directly with the partners or third parties concerned - we are not party to such a contract.
With the exception of Trial Subscriptions and without notice of termination given in writing with 2 weeks' notice before the end of the Subscription period, the Subscription will be tacitly renewed for the same duration.
- User registration and due diligence obligations
Some of our digital offers are exclusively accessible to users who have registered. As soon as you register as a user and register your name and / or your e-mail address, you have the obligation to protect your access codes (including password) against access by unauthorized third parties. and must treat them confidentially. You are required to notify us without delay of any loss, theft or non-contractual use of your access codes (password, user name, e-mail address, etc.). By registering for paid products, you assure us that the data recorded is correct and complete and you agree to notify us immediately of any changes. We reserve the right to monitor and record your activity on our digital offerings, including your access to them, to ensure compliance with these terms.
Each registration and each subscription concluded are exclusively intended for your personal use. You are not authorized to make your access codes available to others or to share their use. The same applies in the event of transfer of your subscription. Unless expressly stated otherwise, any form of network or multiple access use of access codes is prohibited. In case of violation of these rules, we reserve the right to block your access at any time and to delete your user account, without further obligation on our part.
You can manage your registration and product subscriptions in the Subscription Service section of our digital offers (subscription renewals, address changes, etc.).
- Content generated by you on our digital offers
Our digital offerings can provide interactive functions (forums, blogs, etc.) allowing you to interact with us and other users about products (texts, photos, videos, etc.) and to post comments. or other messages (hereinafter “contributions”). We do not (systematically) control the content of your contributions. However, we expressly reserve the right to delete, move or edit contributions and to block your access to interactive features at our sole discretion.
You are responsible for the content of your contributions and are required to comply with the rules applicable to the use of interactive functions. In particular, you are prohibited and you should refrain from posting any statements, links or other publications if these:
- contain obscene, racist, homophobic or sexist language, or any other form of hate speech
- infringe the copyrights of third parties
- are slanderous, offensive to honor or in any other way contrary to law and good morals and may give rise to legal proceedings or the violation of provisional measures ordered by a court
- are offensive or contain threats, or constitute, in any other form, a personal attack against our employees
- have no link with the products to which the interactive function in question is linked
- contain any form of advertising for products or services (including spam)
- contain buy or boycott recommendations
- repeat, within the framework of the interactive functions, previous contributions
- mislead other users as to the identity of the writer, author or sender of a message or give the impression, contrary to reality or misleading, of a connection to a person, organization or a company (especially with us and our employees)
- contain computer viruses or files, software or devices capable of restricting, interrupting or destroying the functionality of our digital offers
- collect and store personal data; and or
- block or restrict the access of other users to our digital offerings.
You are solely responsible for the legal consequences of your contributions. If a third party raises claims against us in connection with your contributions, you agree to bear, if necessary to indemnify us for all the consequences resulting therefrom (lawyers' fees and legal costs included). We also reserve all rights against you in the event of any breaches.
By using an interactive function, you grant us the unlimited in time and space, irrevocable, free and non-exclusive right to - in any form (even future) - record, reproduce, modify, translate, make available and transmit all or part of your contributions. You also authorize us to grant these same rights to third parties.
The contributions of our users are not considered to be our products, but only as statements by our users. We exclude all liability in connection with the contributions of our users. It is not possible for us to monitor the legality or compliance with these terms and conditions of all contributions. If a contribution violates your rights, please let us know immediately using the contact form.
- Data protection
The protection of your data is guaranteed by strict compliance with the legal data protection standards applicable in Switzerland.
We use the data you provide to us as well as the data we collect in connection with our digital offerings in accordance with our Data Protection Policy.
Despite the efforts we make to ensure the quality and availability of our digital offers, we cannot exclude temporary restrictions and breakdowns (service interruptions, repairs, maintenance work, etc.). You access and use the products at your own risk. Therefore, any warranty regarding our products and the software that we make available is expressly excluded.
We also exclude any liability for services provided by third parties. We are also not responsible for the legality, accuracy, completeness or availability of links to content and offers of third parties. Likewise, we are not liable for damage caused by computer viruses and other harmful computer programs, such as for example malware or spyware, trojan.
Our liability (including for our affiliated companies, our employees, our representatives and our auxiliaries) is, in any case, limited to intentional or grossly negligent violations of contractual and extra-contractual obligations for which we have to answer and for which it is proven. that they are attributable to us. As far as the law allows, our liability is limited to the amount that we have invoiced you for the acquisition of the corresponding paid products. Liability for consequential damages or loss of earnings is excluded.
- Other provisions
If we fail to assert our rights based on these general conditions, this does not constitute a waiver of the assertion of these and the claims arising therefrom. Any invalidity or inapplicability of a provision of these general conditions will not affect the validity of the other provisions. In this case, the invalid provision will be replaced by another provision having corresponding economic and legal effects.
We reserve the right to modify the provisions of these terms and conditions at any time and at our sole discretion. Any such changes are immediately posted on our digital offerings. It is your responsibility to regularly check the provisions of the general conditions and of the Data protection policy in force.
- Applicable law and place of jurisdiction
These general conditions as well as all acts related to them are exclusively subject to Swiss substantive law, to the exclusion of the rules of conflict of Swiss norms and the place of your domicile.
Subject to imperative legal provisions, all disputes relating to these general conditions and the data protection policy fall under the exclusive jurisdiction of the Courts of Geneva (Switzerland).
This Gastronomiac privacy statement stipulated below and any companies affiliated with our site process your data whether it is when using our websites and our mobile applications (hereinafter also referred to as "digital offers Or "portals") or in any other way. Regarding these portals, we are responsible for the processing of your personal data and the compatibility of their processing with the law in force. To do this, we comply with the applicable data protection regulations.
All individual information concerning the personal and material situation of an identified or identifiable natural person constitutes “personal data”. This means that it is information that can be traced back to you and provide information about you. These data protection provisions also use the wording “your data” for this.
The term "processing" means any handling of your data, in particular the collection, recording, management, use, transmission, disclosure or deletion of your data.
Please note that the following indications may be changed at any time. We therefore recommend that you regularly consult this privacy statement. Third party websites accessible through our portal are not subject to the principles set out here. We are not responsible for the respect of data protection by third party sites.
Terms of Sales
UPDATE IN PROGRESS - DSIPONIVE VER LE 15 01 2021
This privacy statement of Gastronomiac and its possible companies or subsidiaries concerned, hereinafter jointly referred to as "us", processes your data whether it is when using our website and our mobile applications (hereinafter also referred to as “digital offers” or “portals”) or in any other way. Regarding these portals, we are responsible for the processing of your personal data and the compatibility of their processing with the law in force.
To do this, we comply with the applicable data protection regulations.
- Scope and purpose of processing personal data
- When visiting our portals
If you use our digital offers without providing further details, the web server technology we use automatically records general technical navigation data in so-called log files. These include, among other things, the IP address of the device used for the visit, data relating to the type of browser, the Internet service provider and the operating system used, our digital offers viewed, the referring pages. / exit, date and duration of the visit.
The purpose of collecting and processing this information is to enable the use of our websites (connection), to ensure and strengthen the security and stability of our systems and our offers, to analyze the use of our offers and services, to collect general demographic information and to optimize our internet offer (in particular but not only product improvement, marketing measures, targeted advertising etc.), as well as to obtain internal statistics. The user is then not identified. Likewise, there is in principle no link between this information collected automatically and the personal data stored with us. However, there may be an exception to this rule of principle if you already have a user account registered on one of our portals. You will find in figures 1.b and 1.c below more detailed information concerning the processing of personal data of registered users.
When you send a message to a third party (for example an advertiser) through a corresponding function of our portal, it is possible that we save it. You can also benefit from free services on our portal. It is possible that we use the personal data concerning you that you may have disclosed using a free service or with your message (email address, telephone number, etc.) for marketing or analysis purposes. You will find more precise information on the processing of personal data for marketing or analysis purposes further on in section 4.
We may - if necessary by adapting the format - publish on other platforms and media (e.g. in newspapers) the information that you have published on our portal.
- When opening a user account
Your registration, as well as the creation of a user account, may be required for the use of personalized services or access to protected areas, or for the processing of requests and the management of your subscriptions. It is then necessary that you provide certain personal data.
This includes for example:
- your e-mail address which can at the same time serve as a username,
- a password
as well as other data, if applicable, depending on the context and the offer, such as:
- first and last name
- address (full postal address, postcode, town)
- phone number
- the birth date
- information relating to subscription newsletters or other preferred language advertisements
In addition to the data marked as mandatory for the use of a specific digital offer, you can freely provide and save other personal data.
We use the data for the provision and management of our digital offers, for checking the plausibility of the data provided, i.e. for the justification, the structure of the content, the realization and the modification of the contractual relations concluded with you concerning your user account, as well as in the case of paid services for a correct invoicing.
If you post contributions (comments, photos, videos, etc.) through the relevant functions of our portals in order to share them with other users, it is possible that we disclose them and thus the public can access them. This also applies to your username or a pseudonym that you may have chosen for this purpose. We would like to draw your attention to the fact that such data that you would have published once on the internet can possibly still be viewed by third parties, for example through search engines, even if their deletion or anonymization has been requested.
By confirming the entry and transfer of data relating to your user account during registration, you guarantee the accuracy of the data you have entered.
- when using a portal as a registered user
When using the portal by a registered user, we collect data for statistical reasons in order to allow the proper functioning of the portal and to analyze, optimize and personalize the use of our offers and services. We collect data about your use of our digital offerings, including what features you use, what advertisements you watch and how you notice them. You will find further information on the processing of this personal data in section 1.d and section 4.
As soon as you use our portal as a registered user, statistical data may be viewed by other registered users and entered and evaluated by us.
- during a purchase / during the acquisition of a paid service
If you buy a product on our site, or a paid service such as a subscription, certain data such as for example the name and first name, the address (full postal address, postal or routing code, locality) and possibly others data, must be provided as we need it for the performance of the contract concluded with you. If you choose an online payment option such as a credit card or PayPal for the purchase of a paid product or service, the payment is made through the online payment system of the relevant supplier. The processing of personal and payment data is carried out directly, in this case, via the provider of the payment system concerned. We do not know or record your payment data. The data protection provisions of each provider of an online payment system apply in addition.
As long as you are registered and have a user account, we can save your data in your user account for the next purchase / contract concluded.
In any case, we record all information relating to your current and past purchases and concluded contracts, i.e. the products, the services, the number of products and services per purchase, and the amount of the payment. We are authorized to use this information for marketing and analytical purposes.
Further information on marketing and analytics goals can be found further under number 4.
- when participating in games, contests (events)
We use the data you have provided in order to organize and carry out events as well as to inform the winners and / or communicate their names on our portal, by means of direct communications or via social networks. If you have authorized us to do so, we are entitled to use your data in accordance with numbers 2 and 4 and to transmit them according to number 3.
- during user surveys or market research
We only use the data you provide to us to improve the user experience and to develop our products. The results consist exclusively of aggregated and anonymous data. If you have consented, you may also be contacted by other companies in the TX group to take part, for example, in other user surveys.
- Direct Marketing and Online Advertising
Following your registration as a user or your order as a guest on one of our portals, we may use your personal data also for personalized advertising purposes. This concerns both the personalization of advertising by e-mail such as e-mails containing general information or of an advertising nature (newsletter), by telephone, mail, fax, text messages, picture messages as well as via services of instant messaging as the provision of personalized content and advertising on our portals. To this end, we can automatically analyze the information relating to your behavior on our portals as a user that comes to our attention, in order to prevent you from receiving inappropriate advertising. You can consult these treatments under number 4.
By creating a user account, in principle you automatically subscribe to our newsletter and your email address can then also be used for our own advertising until you unsubscribe from the relevant newsletter. You will find at the end of each e-mail sent by us a link allowing you to unsubscribe from the newsletter at any time.
You can also unsubscribe from the newsletter at any time by sending an email to the following address: firstname.lastname@example.org
Unsubscription is possible at any time.
We are entitled to mandate third parties for the technical processing of advertising measures and for our own advertising and to transmit your data for this purpose (see section 3 below).
- Data transmission to third parties
We work with other companies or persons or mandate them for the processing and recording of data. These may obtain access to your personal or usage data, but only to the extent that this is necessary for the performance of their tasks.
We may use and transmit the information you have provided and the personal data concerning you or your user account that we have collected as part of the usage measurements carried out in accordance with ch. 1 above, or to any Gastronomiac companies or related to these companies with a view to the assessment, improvement and organization in accordance with the needs of our services and the services of related companies, and for the purposes of personalization and marketing. Data processing by other companies in the TX group or by companies linked to this group is described in section 4 below.
The transmission of data to any Gastronomiac companies according to this section 3 is in principle carried out with pseudonymized or anonymized data. That is to say that it is no longer possible, without collecting additional information, to make the link between you and this data. We ensure, contractually and by means of technical and organizational measures within Gastronomiac, that it is no longer possible to identify people.
In addition, we pass your data on to third parties insofar as this is necessary for the performance of the contract. For this purpose, we may pass on the required data to transport companies, banks and other service providers. These service providers use your data exclusively for order processing and not for other purposes. Insofar as this is necessary for the purposes stated in the first sentence, the data can also be transmitted abroad, for example to deliver goods. You will find more information on data transmission abroad under section 5.
The personal data concerning you that you put at our disposal are neither sold, nor rented, nor exchanged outside the companies of the TX group and companies linked to this group.
With the exception of the transmissions described above, we only transmit your personal data if you have expressly consented to it, if there is a legal obligation to do so or if we need to do so to enforce our rights, in particular those arising from the contractual relationship.
In the event of a sale, merger or any other reorganization of all or part of the assets of our company, personal data may be transferred, sold or otherwise shared with third parties as part of said transaction or reorganization.
In the event of an early service, for example in the event of purchase on account, we obtain, if necessary, for the protection of our legitimate interests, a solvency inquiry carried out according to a mathematical and statistical method with an intelligence agency. To do this, we transmit the personal data necessary for carrying out a credit investigation to an intelligence agency and use the information received relating to the statistical probability of a default to make a decision on the merits, the execution or termination of the contractual relationship. The solvency investigation may include probability values (score values) which are calculated on the basis of scientifically recognized mathematical-statistical procedures and which include address data in their calculations, among other things. Your data protection rights are taken into account in accordance with the legal provisions.
- Processing of your personal data for marketing and analysis purposes
Any Gastronomiac companies, those linked to them, aim to continually improve the digital offers that are offered, to structure them according to needs and in a more secure manner.
To this end, various analysis tools can be put in place to link the user-specific data, future and past, available to us and analyze, aggregate, pseudonymize and anonymize user behavior at the aggregate level. of our offers. In order to update our database, we may use publicly available data or data from third-party providers. The results from your use of our services may be used and evaluated as part of the analysis of user behavior by other participating companies. This data processing is primarily based on pseudonymized or anonymized data. Its purpose is in particular to send you or display on one of our portals anonymized advertising in accordance with number 2 as well as to improve the security of our portals.
- Transmission of personal data abroad
We are entitled to transmit your personal data to third-party companies (authorized service providers) located abroad, as long as this is appropriate for the data processing described in this data protection declaration. These are subject to the data protection obligation to the same extent as we are. If the level of data protection in a country does not correspond to that of Switzerland, we ensure through contracts that the protection of your personal data corresponds to the level of protection in Switzerland. We may use one or more of the following measures to do this:
- by concluding EU standard contractual clauses with mandated service providers,
- by the presence of Binding Corporate Rules (BCR) recognized by a European data protection authority among the mandated service providers.
- Right to information, rectification, deletion or in the event of a complaint
You have the right to invoke your data protection rights at any time and to demand information about the personal data concerning you which we process. You can also have your personal data rectified, blocked or deleted at any time by informing us in writing and proving your identity at the following address: email@example.com
We reserve the right to correspond with you on this matter.
Please note that we are required to partially retain your personal data as part of our legal and contractual retention obligations (e.g. for billing purposes) even after your request for blocking or deletion and in this case only block your personal data to the extent that is required. In addition, the deletion of your personal data may have the effect of preventing you from continuing to acquire or use the services that you have registered. Under certain conditions, you can ask us to send you to you or to a third party designated by you, your personal data in a common format.
You can object at any time to the processing of your data for marketing and advertising purposes as well as to the transmission of your data within Gastronomiac according to numbers 2 and 4 by e-mail.
Such opposition does not entirely exclude the collection of personal data. By e-mail, you can prevent the collection of your usage data. The opposition only excludes the personal data collected from being processed in a non-anonymized manner for marketing purposes as well as transmitted to other companies for this purpose and processed by them. Completely excluding or at least reducing the collection of personal data requires carrying out the steps mentioned in number 8 concerning the deactivation of cookies. This may have the effect of preventing you from using the services you have ordered. In addition, you have the right to take action against the data processing with the competent supervisory authorities. You can do this with the supervisory authority at your home, workplace or place of the alleged data protection breach.
- Retention period of your personal data
We only keep your data for the legal or necessary duration of the processing. During analyzes, we only save your data until the end of the process. If we save your data by virtue of a contractual relationship with you, we only keep them for the duration of this relationship and at most for the limitation periods for any claims in our favor or if the law or contractual provisions so require. plan.
- Data security
We employ appropriate technical and organizational security measures to protect your personal data stored with us against unintentional, illegitimate and unauthorized manipulation, deletion, modification, access, transmission or use and against total or partial loss. Our security measures are continuously adapted and improved in line with technological progress. We decline all responsibility in the event of loss of data or of communication thereof to third parties and of their use by them.
If you register with us as a user, access to your user account is only possible with your personal password. We recommend that you always treat payment and access information confidentially and close the browser window when you have interrupted communication with us, especially when using a shared computer.
We also take internal data protection very seriously. Our employees and those of the service providers we have appointed are bound by secrecy and compliance with legal data protection provisions.
Cookies help us to better organize your visit to our websites to make it easier, more enjoyable and more relevant. Cookies are files containing information that the internet browser automatically saves on your computer's hard drive when you visit our website.
Cookies do not damage your computer's hard drive, nor do they transmit users' personal data to us.
Our digital offers can in principle be used even without cookies, however some functions may be limited.
- Monitoring and analysis tools
The use of our digital offers is further measured and analyzed by various technical systems, mainly from third-party providers such as Google Analytics. These measurements can be carried out anonymously or not. It is then possible that the data collected will be transmitted to third parties for processing by us or by third-party providers of these technical systems for processing. The most widely used analysis tool is Google Analytics, a service of Google Inc. Thus, the data collected can in principle be transmitted to a Google server in the United States of America, but the IP addresses are anonymized by an ad-hoc process so that no association is possible. Google will therefore not be able to associate the IP address transmitted by your browser as part of Google Analytics with other data that it has about you. It is possible to oppose the entry and processing of this data by Google Analytics by installing an opt-out cookie which prevents the future entry of your data when you browse this website: https://tools.google.com/dlpage/gaoptout?hl=fr.
where you will find the browser add-on for opting out of Google Analytics
- Plug-ins and other integrations of offers from third parties
Our digital offers are connected in various ways with functions and systems of third parties, for example by integrating plug-ins from third-party social networks such as Facebook, Google Plus and Twitter.
If you have a user account with these third parties, they may also be able to measure and analyze your use of our digital offerings. Other personal data such as the IP address, personal browser settings and other parameters may then be transmitted to these third parties and saved by them. When you use a connection service through social networks such as Facebook, the provider may send us personal data such as name, e-mail address and profile picture, which are stored with the provider. We have no control over the use of such personal data collected by third parties and accept no responsibility. We refer you to the links above for further detailed information on this subject.
- Location information
If you use our mobile applications with a mobile device, we may use the GPS signal data to collect information about the location of your mobile device (latitude and longitude, horizontal accuracy).
We use location data to improve your user experience by displaying on your mobile device, via the mobile application (s), location-based online advertising and other location-based digital content (weather and location-based news; approximate location display If required by law, we will ask for your consent before collecting your location data for the applications mentioned.
In this context, we can use the services of other companies within and outside Gastronomiac. To the extent that the provision of these services requires, we may pass your location data to these companies. Through the selection of data processors and through appropriate contractual agreements, we guarantee that the protection of your data is ensured throughout the processing.
Even after having given your consent, you have the option to deactivate the collection, processing and transmission of your location data at any time. If you do not want to receive online advertising and location-based content, you can deny access to your location or turn off location services in your mobile device settings at any time. To turn off location services, please follow your device manufacturer's instructions:
- for Apple devices: https://support.apple.com/fr-ch/HT202074,
-for Android devices: https://support.google.com/ads/answer/2662922?hl=fr.
In addition, most of the names of geographic locations mentioned on our site (continents, countries, cities, regions, seas and oceans, etc.) are linked on Google Map.
Under no circumstances are these links subject to online geolocation or serve as individual or collective geolocation.
- Legal basis
We only process your personal data within the framework of data processing principles and if there is a legal basis. This legal basis exists during the preparation and execution of our contract. In addition, there is an interest in us constantly improving our offers, adapting them to your needs and delivering advertising that interests you. This is necessary in order to continue to develop and finance our offers and to guarantee their security. We therefore assume that our interests prevail. If you have consented to the processing of your data, this is valid.
If you have any questions regarding data protection on our website, if you wish to obtain information or request the deletion of your data, please send us an e-mail at the following address: firstname.lastname@example.org
or by mail:
Our full contact details are as follows:
5, Priory Street
CH - 1202 Geneva / Switzerland
General telephone: +41 (0) 22 900 13 30
- Updating and changes to data protection provisions
The development of our website or the implementation of new technologies may make it necessary to modify these data protection provisions.
Each significant modification of these provisions is communicated to registered users by e-mail at the e-mail address indicated during registration or by means of a corresponding notice placed in an appropriate manner after logging into the user account.
You can also view the data protection provisions currently in force at any time on our website by footer link on our home page and print them out.
The original privacy statement is in French. The language used in these T & Cs is French.
Updated January 1, 2021.
Copyright © Gastronomiac - all rights reserved. Any transformation, redistribution or lasting recording is not permitted without our express prior authorization.