PROVISION 1: IDENTIFICATION OF THE RESPONSIBLE PARTY FOR THE TREATMENT OF PERSONAL DATA
The company Nescens Genolier SA, a public limited company incorporated under Swiss law, located at 1272 Genolier (Switzerland) and registered at the Chamber of Commerce for the canton of Vaud under Enterprise Identification Number CHE-115.116.994, is the responsible party for the treatment of Personal Data, collected through or in relation to the Website, or upon services within Nescens Genolier.
NESCENS may be contacted by e-mail at the address: [email protected]
PROVISION 2: COLLECTED PERSONAL DATA
In order to personalize its relationship with the User and offer services suitable for their profile, NESCENS collects and treats the User’s Personal Data.
(1) In what situations is Personal Data collected?
NESCENS collects the User’s Personal Data in the following situations:
(i) request for information by phone, e-mail, or instant messaging online;
(ii) request to be called back by phone;
(iii) subscription to the NESCENS Newsletter;
(iv) creation of an account on the Website;
(v) scheduling of an appointment within Nescens Genolier;
(vi) online purchase and payment of products, including the basket containing items that have not been confirmed by a purchase order;
(vii) sharing of Website content via social media websites;
(viii) and more generally, for all forms filled in on the Website and all requests on your behalf.
(2) What type of Personal Data is collected?
NESCENS can collect and treat the following types of Personal Data from the User:
(i) first and last name, gender, date of birth, address, e-mail, and phone number (mobile phone and landline);
(ii) place of work (company) and job title;
(iii) language(s) of communication;
(iv) the manner in which the User heard about NESCENS products and services;
(v) account username and password;
(vi) information regarding online payment, including credit or debit card number;
(vii) the User’s use or non-use of cosmeceutical products;
(ix) as well as any additional information that the User wished to provide, such as via the “Further information” field in the available forms on the Website, or in any another way, namely Nescens Genolier.
(3) Is third-party Personal Data collected?
The Website allows the User to share content with third parties via e-mail, buy NESCENS products as gifts for others, or refer a third party. By using these services, the User provides information which may be considered Personal Data.
Upon the User providing this third-party information, NESCENS will only use this Personal Data to accommodate their request. NESCENS will not integrate this Personal Data into the Personal Data file, and will not collect nor treat this Personal Data for any other reason other than those necessary in order to accommodate the request. This Personal Data will only be kept until the request is fulfilled. The third party will therefore not receive promotional e-mails from NESCENS nor be subscribed to the NESCENS newsletter.
PROVISION 3: PURPOSE OF PERSONAL DATA
NESCENS will use the User’s collected Personal Data according to the means defined above in Provision 2, so as to provide solicited services, personalize communications, offer additional services of interest, or for purposes of internal analysis. NESCENS emphasizes that in no case will Personal Data be sent or communicated to other recipients other than those listed in Provision 4 below.
The User’s Personal Data will therefore be used for the following reasons:
(1) Use of the User’s Personal Data
The User’s Personal Data may be used to communicate with them, notably via marketing or promotional e-mails, to send out information on the services proposed by Nescens Genolier or the NESCENS Newsletter, advertise NESCENS services or products, or for any other activity which may interest the User (such as polls, contests, or promotions). A subsidiary, parent company, or any other company connected to the Swiss Medical Network/Aevis Victoria SA group is also warranted to promote products, services, and activities. This communication may, for example, be adapted to the User’s profile, past purchase orders, or consulted pages.
(2) Internal analysis use of the User’s Personal Data
The User’s Personal Data may be gathered with that of other Users so as to study the trends of the public affiliated with NESCENS. This Personal Data, emerging from a statistical analysis, informs NESCENS about customers’ tastes and behavior on the Website, which allows NESCENS to appropriately adjust its supply, develop new and improve existing products and services, identify patterns of use, determine promotional campaign effectiveness, measure and compare Website traffic and Nescens Genolier visits, and identify the languages spoken by clients of NESCENS.
(3) Use of User’s Personal Data in order to implement features of the Website.
The User’s Personal Data may be used in order to respond to prior questions or requests (for example by e-mail, instant messaging online, or on request to be called back by phone), manage the online account, schedule an appointment at Nescens Genolier, and for purchase orders of products or services (for example for online payment and product delivery).
PROVISION 4: THE RECIPIENTS OF THE USER’S PERSONAL DATA
NESCENS is aware of the importance of protecting the confidentiality of the User’s Personal Data. It therefore only shares this data with trustworthy third parties and only for the reasons made explicit in Provision 3 above.
The User’s Personal Data may be shared with the following third parties:
(i) subsidiaries, parent companies, or any company connected to Swiss Medical Network/Aevis Victoria SA, any audit group affiliated to treat all Personal Data in accordance with the purposes mentioned in Provision 3 above, as well as the following companies – although this list is not exhaustive –:
- The company NESCENS SA, a public limited company incorporated under Swiss law, located at 1272 Genolier (Switzerland) and registered at the Chamber of Commerce for the canton of Vaud under Enterprise Identification Number CHE 411.645.278;
- The company Laboratoires Genolier SA, a public limited company incorporated under Swiss law, located at 1272 Genolier (Switzerland) and registered at the Chamber of Commerce for the canton of Vaud under Enterprise Identification Number CHE 114.409.531;
- The company Clinique Spontini SAS, a joint-stock company incorporated under French law with a capital stock of 2,000,000 euro, registered at the Paris Chamber of Commerce under Enterprise Identification Number 538 019 498, and with headquarters at 68 bis rue de Spontini, 75016 Paris (France);
- The company SWISS STEM CELL SCIENCE SA, a public limited company incorporated under Swiss law, located at 1700 Fribourg (Switzerland) and registered at the Chamber of Commerce for the canton of Fribourg under Enterprise Identification Number CHE-213.979.246.
(ii) service providers, subcontractors for the companies of the NESCENS group, or any carefully selected third party providing services on behalf of these companies (data analysis, provision of services for the User, responding to User questions, delivery of purchase orders, management of payment, creation and transmission of advertisements, delivery of commercial samples, creation and transmission of newsletters, and more generally all the purposes mentioned in Provision 3 above), provided that these service providers or subcontractors treat the data only within its concerned service objective and in accordance with the purposes mentioned in Provision 3 above.
These service providers, subcontractors, and third parties may be subject to obligations of confidentiality and security requirements for their treatment of Personal Data.
(iii) any legal entity, including companies affiliated with NESCENS, such as those defined in point (i) of the present provision, for cases of sale, merger, consolidation, holding company or management changes, transfer of significant assets, financing, restructuring or liquidation plan, sale or conveyance of information regarding the relationship between the User and the Company, including and without limitation to the Personal Data that you have conveyed to the Company;
(iv) judicial, governmental, or regulatory authorities, or other third parties in order to comply with applicable laws, or when NESCENS judges that this action is necessary in order to comply with applicable laws, or to detect, protect or defend itself in case of error, negligence, contractual failure, theft, fraud, or any other detrimental or illicit activity, so as to comply with audit and security requirements.
PROVISION 5: THE USER’S DATA PROTECTION RIGHTS
(1) What data protection rights does the User possess?
(2) How can the User exercise their data protection rights?
The User may exercise their rights by written request to the address: Nescens Genolier SA, Route de Muids 5, 1272 Genolier, Switzerland, or by e-mail to the address [email protected]. The User is asked to precisely indicate the subject of the request and the Personal Data concerned. In order to best protect Personal Data confidentiality and security, NESCENS will take reasonable measures to confirm the identity of the person making such a request by, for example, requiring a photocopy of their identity document. This request will be processed shortly with due diligence.
(3) Is the collection of Personal Data mandatory or optional?
Personal Data is necessary for the use and functioning of numerous services that NESCENS offers. For example, providing Personal Data is necessary to fulfill a call back request, schedule an appointment at Nescens Genolier, create an account, purchase products or services, or subscribe to the NESCENS Newsletter or promotional mail. The User is entirely at liberty to refuse provision of their Personal Data. In such cases, the User can continue to browse the Website but may be restricted from certain functions.
PROVISION 6: RETENTION OF THE USER’S PERSONAL DATA
(1) Retention period of Personal Data
The User’s Personal Data is retained in NESCENS’ files for the period needed to accomplish the purposes for which the data collection occurred, as indicated in Provision 3 above. Personal Data will therefore be retained starting from the moment it is provided until the request and customer follow-up are fulfilled (delivery of your product or service purchase order, appointment and follow-up, call back and follow-up, existence of account, etc.). If the User has signed up to receive the NESCENS Newsletter or promotional mail, NESCENS will retain the User’s Personal Data until unsubscription is indicated.
(2) Retention security of Personal Data
NESCENS ensures to protect and secure Users’ Personal Data, by taking all measures necessary to prevent this data from becoming inaccurate, damaged, or accessed by non-authorized third parties. In order to ensure your Personal Data security, NESCENS has taken technical and organizational data security measures:
(i) Amongst the data security measures in place, NESCENS’ technical providers have integrated technology specially designed to protect the information transferred towards the Website.
(ii) In regards to organizational data security measures, access to the User’s Personal Data is specifically limited to trustworthy service providers responsible for data treatment and service agents requiring such information to carry out their work. These service providers and agents are subject to strict confidentiality on the information they may acquire in the course of their work.
Internally, the following measures are part of the safety measures adopted by the Company:
- Access to each service agent computer terminal is restricted with a specific and unique password;
- Service agents’ computer terminals are protected by anti-virus and anti-spyware software.
In addition, all Personal Data is hosted by the company Infomaniak Network SA, Avenue de la Praille 26, 1227 Carouge (Switzerland), which ensures data protection security thanks to its leading-edge technology. Nevertheless, regardless of these precautions, it cannot be fully guaranteed that the servers holding the User’s Personal Data will be excluded from hacker attacks. NESCENS commits to informing the User as soon as possible in the case of a data protection security breach and will put all its best efforts into taking all possible measures to countercheck the intrusion and minimize the impact. NESCENS reminds the User that they are bound to keep their account username and password confidential. As such, NESCENS is not liable for any cases of loss or damage resulting from failure to uphold this obligation.
PROVISION 7: COOKIES
Cookies are small electronic files that are placed on your device during browsing of the Website and are used to provide optimal browsing on this Website.
(1) What data is collected via cookies?
(2) How can I be informed of the presence of cookies?
The User is informed of cookie storage and these purposes by an informational banner upon the first visit of any page of the Website. The informational banner clearly indicates:
(i) purposes for cookies,
(ii) the possibility to oppose these cookies by clicking on a link within the informational banner;
(iii) that more information about cookies and their parameters is available on the “Learn more” page;
(iv) and that continuing to browse the Website indicates consent to cookie storage on your device. The User is considered to have accepted cookie storage on their device in the following cases:
- when the “I accept” text within the informational banner is clicked;
- when browsing of the Website is continued. Browsing of the Website is considered continued when:
- x) a following page within the Website is consulted, without regard for the fact that the informational banner has been ignored or the “X” found at the top right of the banner has been clicked.
- y) an element within the Website (image, link, “search” button, etc.) is clicked on.
(3) What kind of cookies are used by the Website?
The cookies that may be used on the Website have been classified into the following categories.
Category 1: Session cookies, necessary in order to use the Website
These cookies are essential in order to browse and use certain functions within the Website, such as the purchase basket or the account.
Category 2: Tracking cookies, to record preferences
In order to provide optimal browsing, NESCENS has installed cookies which track the User’s preferences and choices, such as your preferred browsing language, or the memorization of your account username and password.
Category 3: Tracking cookies, to analyze connections on the Website
These cookies gather statistical data about the Website and connection to the Website, such as:
(i) audience tracking on the Website pages,
(ii) displayed language,
(iii) browsing habits on the Website (such as clicks, horizontal and vertical scrolling, etc.),
(iv) use of sharing buttons (e-mail and social media),
(v) the number and length of Website visits by the User,
(vi) the location where connection to the Website is made,
(vii) features of the User’s device,
(viii) means of connection employed by the User (web browser used, operating system, computer or mobile phone).
This statistical data is required so that NESCENS can improve the Website content and provide the User with optimal browsing. This gathered statistical data is also relayed to Google and analyzed by Google Analytics. The User can disable this Google Analytics monitoring by downloading the opt-out browser add-on at the address https://tools.google.com/dlpage/gaoptout.
Category 4: Third-party cookies
The Website proposes media content (YouTube and Vimeo videos) and can be used to share content through social media. Viewing and sharing such content through social media websites requires cookie storage set by the website editor responsible for such content. These cookies are neither edited nor updated by NESCENS, which declines all responsibility for their storage or use. These cookies are capable of building up a User browsing history of other websites to create a profile of their interests. These cookies can therefore influence the content of other visited websites. If the User does not authorize these cookies, they may not view the media content nor share it through social media.
Category 5: Third-party cookies, for advertisements
These cookies are used to specifically advertise to you and your personal interests. They also serve to limit the number of times you see an ad, and can be used to evaluate the effectiveness of an advertising campaign. These cookies track your website visits and share this information with other companies.
(4) How long are cookies saved for?
Cookies are stored on the User’s device for twelve (12) months, starting from the date on which the browser received the cookies. Cookie expiration is not prolonged during new visits to the Website.
(5) How can the User reject cookies, and what are the consequences?
The User is entirely at liberty to accept or reject cookie storage on their device. However, rejecting cookies may restrict access to certain services within the Website, such as viewing media content. The User can reject cookie installation on their device by selecting the appropriate settings in their web browser. In this regard, NESCENS recommends following the instructions provided for the specific web browser, available under the “Help” menu.
(6) How can the User get rid of cookies saved on their device?
The User may delete cookies stored on their device at any time. In order to do so, they can use the functions specific to their web browser (Internet Explorer, Firefox, Safari, etc.), or configure their browser to reject cookie installation. The means to proceed should be indicated in the browser’s “Help” menu. For any issues, the company in charge of the web browser should be contacted.
PROVISION 8: “Spamming”
NESCENS does not engage in spamming defined as the sending of a large number of unwanted promotional e-mails in a repeated manner to people with whom the sender has not had any previous contact, or who have stated that they do not wish to receive such communications.
On the other hand, NESCENS informs the User via e-mail if products and services may be of interest to them, leaving them the possibility to opt out of receiving this information.
PROVISION 9: CONTACT
The User may raise any questions about the treatment of their Personal Data by using one of the following methods:
- filling out the “Contact” form on the Website;
- writing to the following e-mail address: [email protected]; or
- writing to the following address: Nescens Genolier SA, Route du Muids 5, 1272 Genolier, Switzerland.