End User License Agreement (EULA)

of
PGI
c/o Bo Sports Sàrl, Gros Plan 24, 1637 Charmey
for
“Only One”

1. Definitions

Whenever used in this EULA with an initial capital letter, the terms quoted and defined in this Section 1, whether used in singular or the plural, shall have the meanings specified below.

“PGI”: PGI, c/o Bo Sports Sàrl, Gros Plan 24, 1637 Charmey.

“EULA”: this document, the End User License Agreement.

“Licensee”: the Party licensing the Program under this EULA.

“Party”: individually PGI or Licensee (in plural jointly PGI and Licensee).

“Program”: PGI’s application software “Only One” licensed to Licensee under this EULA. The Program consists of a) machine-readable code and data; b) components, files and modules; c) audio-visual content (such as images, text, recordings, or pictures), and/or d) related licensed materials (such as keys and documentation).

2. Scope

2.1 This EULA stipulates the licensing terms between PGI and Licensee for licensing of the Program.

3. Licensing Right

3.1 The Program is owned by PGI or its licensors, one of their subsidiaries, or an PGI supplier, and are copyrighted and licensed, not sold. Nothing in this EULA shall operate to assign or transfer any intellectual property rights from PGI or its licensors to Licensee.

3.2 PGI will provide Licensee a copy of the Program via its website. PGI grants Licensee a non-exclusive, non-transferable, revocable (subject to section 3.6 and 7.1), worldwide right to use, execute, display and perform the Program for Licensee’s internal purposes.

3.3 Licensee is not granted a right to sub-license, rent or lease the Program, in whole or in part. Licensee is further not granted the right to use any part of the Program as stand-alone application, even if a division of the Program is technically possible.

3.4 The Program is provided without support and maintenance services. PGI may, at its own discretion, provide updates for the Program. Any updates of the Program are provided under the license terms of this EULA.

3.5 Licensee may not reverse assemble, reverse compile, or otherwise translate or reverse engineer the Program except as expressly permitted by applicable law without the possibility of contractual waiver.

3.6 PGI may withdraw a Program, either on a temporary or permanent basis. If the withdrawal is based on an infringement claim, or if PGI no longer has the rights for the Program, Licensee will suspend further use of the Program.

4. Confidentiality

4.1 Licensee shall keep the Program confidential, use it solely for the purpose pursuant to section 3.2, and not disclose it to any third parties.

5. Warranty Disclaimer

5.1 To the fullest extent permitted by the applicable law, PGI, its auxiliary persons as well as any third party suppliers of associated software and software components make no warranty, express or implied, concerning the Program, or other deliverables supplied under this EULA, which are all provided “as is”. The warranties that PGI explicitly disclaims include, but are not limited to, non-infringement of third party intellectual property, satisfactory quality, merchantability and fitness for a particular purpose.

6. Limitation of Liability

6.1 To the fullest extent permitted by the applicable law, PGI disclaims any and all liability for damage occurring under, or in connection with, this EULA, even if advised of its possibility.

6.2 This limit also applies to any of PGI’s auxiliary persons, such as, but not limited to, subcontractors, directors, officers and employees.

7. Term and Termination

7.1 Notwithstanding section 3.2, may terminate this EULA immediately on written notice if Licensee materially breaches any terms of this EULA, in which case the license granted hereunder is revoked.

7.2 If the license is revoked pursuant to section 7.1, Licensee must destroy or return all copies of the Program in Licensee’s possession to PGI. Licensee shall confirm unsolicited to PGI in writing compliance with this requirement.

8. General

8.1 Any general terms and conditions of Licensee are explicitly excluded.

8.2 Except as expressly provided in this EULA, PGI does not grant the Licensee, whether directly or by implication or otherwise, any patent, copyright, trademark, trade secret, know-how, or other intellectual property right. Licensee shall not remove or alter any symbols or legends indicating any intellectual property right.

8.3 Licensee may not assign or transfer the EULA or Licensee’s rights under it or delegate or subcontract Licensee’s obligations without PGI’s prior written approval.

8.4 If any provision of this EULA is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired as long as the intent of the Parties can be preserved. In such cases, both Parties undertake to replace the invalid, illegal or unenforceable provision with another valid, legal and enforceable regulation. The same principle applies to open terms or omissions.

8.5 This EULA is governed by Swiss law, without regard to the conflict of laws provisions. The United Nations’ Convention on International Sales of Goods of 11 April 1980 (SR 0.221.211.1) does not apply.

Disputes arising under, or in connection with, this EULA shall be exclusively subject to the jurisdiction of the competent court of Lausanne, Switzerland.

 

Privacy Policy

1. Scope

This privacy policy stipulates how PGI, (hereinafter « PGI » or « we ») processes the personal data of its website customers and visitors (« you »), whether these personal data are provided by the data subject or by a third party, and whether the personal data are transmitted to PGI via the website or via another means.

2. Contact

You can contact us as follows:

PGI
Mesdames Dominique Bovey et Muriel Morandi
c/o Bo Sports Sàrl
Gros Plan 24
1637 Charmey

Mail : contact@pgionlyone.com

PGI is represented by its founders Dominique Bovey et Muriel Morandi.

3. General

We adhere to data protection law. All personal data collected during registration on, or during use of, our website, which are protected either by the Swiss Federal Data Protection Act (hereinafter « FDPA ») or the European General Data Protection Regulation (hereinafter « GDPR »), will be used exclusively for fulfilling our services to you; unless, in particular pursuant to this privacy policy, you have consented to further use of the personal data or the applicable law permits such further use. Our employees are obliged to treat personal data confidentially.

4. What Personal Data is Collected for What Purpose

We may collect from its customers master data (company name, name, address, user ID, password, etc.), personal data about the services obtained, and payment transaction data. We use this personal data for processing transactions with our customers, for billing, market research and marketing, such as contacting the customer by postal mail or e-mail. In addition, there is the data that you enter about yourself when using our offer, for example data about your emotional state. This data is stored centrally.

You agree that PGI is processing this data.

We use this personal data to communicate with you, to process transactions with you in order to provide our services, to operate the website and our app, for billing, for market research and for marketing, for example to analyse our customer base or to contact you by post, e-mail or text message. 

Input fields on the website that are absolutely necessary for the provision of our services are marked accordingly during registration. The disclosure of personal data in non-marked input fields on the website is voluntary. You can inform us at any time that you no longer wish us to process the personal data you provided voluntarily (cf. section 13, Your Rights).

We may collect personal data about your financial standing in order to protect ourselves against payment defaults.

Furthermore, we collect your surfing and usage data when you access our website. This data includes, for example, information about which browser and browser version you are using, when you accessed our website, which operating system you use, from which website (link) you accessed our website, which elements of the website you use, and how you use these elements. They serve to correctly display and optimise our website and to protect it against attacks or other infringements. We do not draw any conclusions about the data subject from these surfing and usage data. We only evaluate the personal data anonymously, unless the personal data is required to clarify infringements.

5. Retention Period

We only process personal data until the purpose, for which it was collected, is fulfilled, or as required by law.

If you have opened an account with us and use it regularly, we will store the master data you provided for an unlimited period of time. If you have not used your account for a year, we will send you an e-mail request to confirm that we may further process your data. If we do not receive a reply to this request, we will delete your account. Additionally you can request the deletion of your account at any time (cf. section 13, Your Rights). We will delete your master data, unless we are required otherwise by applicable law.

To refuse further business contact with a data subject due to misuse, payment default or other legitimate reasons, we may store personal data for five years, or ten years in case of recurrence.

6. Processing by Third Parties and Abroad

Within the purpose agreed herein, we may have personal data processed by third parties.

These companies are marketing and market research companies, companies that carry out the technical operation of our information technology information technology for us (outsourcing partners), analytical services (cf. item 7), financial service providers, debt collection companies or lawyers and public authorities.  If we commission third parties with the processing of personal data, the third party will be carefully selected and must take appropriate security measures to guarantee the confidentiality and security of your personal data.

We or the third parties may process the personal data abroad, i.e. in European or non-European countries. We represent that the third parties will only use the personal data according to the law and exclusively in the interest of PGI. These necessary contractual guarantees provided by the third parties are based on the standards of the European Commission (also recognised in Switzerland). You have the right to inspect these guarantees in these contracts (or parts thereof).

7. Analytical services

We use third-party services to analyse surfing behaviour. We also integrate content of third party websites.

Personal data processed by analytical services are transmitted anonymously to servers of the commissioned third parties abroad, including the USA. 

8. Inclusion of Third Party Elements on Our Web Site

Our website includes content from various third party providers, such as, for instance, videos from video platforms, such as, YouTube, or social media button from platforms such as Facebook or Twitter. This content enables our visitors to enjoy content from those platforms on our website or simply to share our content on the relevant social media networks.

When you browse our website, if such content is displayed as part of the website, a connection to the servers of the third party provider is automatically established. Personal data about your visit to our website, in particular your IP address, will be transmitted to this third party provider. Therefore, if you have signed in to that third party’s account at the time you visit of your website (for example, with a Facebook or Google account), that third party may detect that you visited our website.

Please note that the information regarding the purpose and scope of data processing by such third parties, as well as your rights and setting options, is provided by such third parties.

9. Cookies and pixel tags

We use cookies and pixel tags on our website.

Cookies are data packets that are sent from the web server of our website to your browser, stored on your computer and retrieved by the web server during a later visit. Cookies store information about the online preferences of visitors to our website and enable us to improve the visitor experience. A distinction is made between session cookies and permanent cookies.

Session cookies are used during a certain visit to our website (e.g. in the online shop) to uniquely assign information stored on the server side to you or your Internet browser during each visit (e.g. so that the contents of the shopping basket are not lost). Session cookies are deleted after closing your Internet browser.

Permanent cookies are used to save your preferences (e.g. the language of the website) over several visits to our website, i.e. even after closing your Internet browser, or to enable automatic login. Permanent cookies are only deleted after the setting of your Internet browser (e.g. one month after your last visit). By using our website, you consent to the use of permanent cookies.

You can delete existing sessions or permanent cookies in your Internet browser at any time and deactivate the setting of additional cookies in your browser settings. However, deactivation may impair the functionality of our website.

Pixel tags (including tracking pixels, web beacons, clear GIFS, or canvas) are small graphics that are invisible to the visitor and are loaded into your Internet browser when you visit our website. When your Internet browser calls up the pixel tag, certain information is stored in the log files of the relevant server (e.g. date and time of your web visit or certain data about your terminal device, such as the screen resolution or its IP address).

If you do not want these personal data collected using pixel tags, counter pixels and other information to be used for these purposes, we recommend that you (i) visit the YourAdChoices opt-out pages at www.aboutads.info/choiceswww.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/managing/opt_out.asp to disable this use in your Internet browser, and/or (ii) download the AppChoices application at www.aboutads.info/appchoiceswww.aboutads.info/appchoices to disable this use in your mobile applications.

10. Legal Bases of Processing

The legal justification, upon which we base our processing of personal data, is stipulated in article 13(2)(a) FDPA (processing directly related to the conclusion, or the settlement, of a contract; corresponding to article 6(1)(b) GDPR; and article 13(1) FDPA (consent of the data subject or obligation to process by law) corresponding to article 6(1)(a) GDPR.

We reserve the right to store the first name and surname, postal address, and e-mail address of a data subject pursuant to article 13(1) FDPA (corresponding to article 6(1)(f) GDPR) if, based on misuse, non-payment or similar legitimate reasons, we refuse to conclude any future contracts with data subjects.

11. Your Rights

Upon request, we will inform the data subject about and – if so – which personal data we process about him or her (right of confirmation, right of access).

At your request:

  • we will cease processing personal data, in part or in full (right to withdraw your consent to the processing of personal data for one or more specific purposes; right to erasure (right “to be forgotten”)). Your request to be forgotten will also be communicated to third parties to whom we have previously forwarded your personal data.

  • we will correct the relevant personal data (right to rectification);

  • we will restrict the processing of the relevant personal data (right to restriction of processing; in this case we will only store or use your personal data to protect our own legal claims or the third party rights;

  • you will receive the relevant personal data in a ma format (right to data portability).

To request any of the rights described in this section, for example if you no longer wish to receive our e-mail newsletters or if you wish to delete your account, please use the appropriate function on our website, or contact our data protection officer or an employee as described in section 2 (Contact).

If we do not comply with your request, we will inform you of the reasons for our non-compliance. For example, we may legally refuse to delete your personal data if we still need it to fulfil the purpose, for which it was originally provided (for example if we continue providing our services to you), if the processing is based on mandatory law (for example mandatory accounting regulations), or if we have a predominant interest of our own (for example in the case of a lawsuit against the data subject).

If we assert a predominant interest in the processing of personal data, you have nevertheless the right to object to the processing; provided, however, that your individual situation compares differently to that of other data subjects (right to object). This could be the case, for example, if you are a person of public interest, or if processing increases the risk of you being harmed by third parties.

If you disagree with our response to your request, you have the right to file a complaint with a competent supervisory authority, for example, in your country of residence or at the registered seat of PGI (right to appeal).

12. Applicable Law and Place of Jurisdiction

This privacy policy and any agreements concluded based on, or in connection with, this privacy policy, as the case may be, are governed by Swiss law, unless the applicable law of another country is applies mandatorily. The place of jurisdiction is the registered seat of PGI, unless a different place of jurisdiction applies mandatorily.

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