Disclaimer

Please read these terms and conditions carefully:

By accessing, reading and using the website of SMA and partners Ltd. SMA (Deutschland) GmbH and SMA (France) SAS (“SMA” and “SMA Site”), you agree to be bound by these terms and conditions. The content of the SMA Site, including the following terms and conditions, is subject to change and regular updates. You are bound by the most current version of the terms and conditions and should consult this disclaimer every time you open the SMA Site. This disclaimer must be read every time the SMA Site is being visited.

No warranties or representations, no professional advice

The purpose of the SMA Site is to provide information about SMA, its services and offers. SMA uses all reasonable effort to ensure the accuracy of the SMA Site. However, it is possible that the SMA Site is incomplete or not up to date for a short period of time. SMA does not guarantee for the individual parts of the SMA Site to perform flawlessly, be error-free or free from viruses. Everything on the SMA Site is provided to the user “as is” and neither SMA nor its employees accept any warranty as to the accuracy, adequacy or completeness of the page contents. No warranties or representations of any kind, implied, express or statutory, are given with respect to the information and services described on the SMA Site. In accessing the SMA Site, no advisory or other professional relationship is established and neither SMA nor its employees are, in connection with the SMA Site, engaged in rendering any professional service or advice.

Limitation of Liability

SMA shall not be liable for any direct, indirect or consequential damages which may arise in any way in connection with the use of the World Wide Web and/or the SMA Site to users and/or third parties due to the use of software, information or material from the SMA Site or by way of access via links to other websites. This disclaimer also applies to errors and/or possible non-compliance with legal requirements. SMA expressly disclaims any liability for failures of the World Wide Web of all kinds (data loss, viruses, etc.) and for the misuse by third parties (unauthorized data viewing, copying, etc.). The user assumes full responsibility and risk for the use of information on the SMA Site.

Data Protection Statement

For SMA, your privacy is a major concern with a high priority. Hereinafter we explain what happens with your personal data when you visit our Site. Data linked to a person are all data with which you can be personally identified. When you use the SMA Site, various personal data are collected online. All data is managed with the highest care possible and according to provisions of the Swiss Law on Data Protection (“DPA”) and of the General Data Protection Regulation (“GDPR”).

Your data is collected on the one hand when you transmit it to us. It includes the one you mention on a contact form (planned for the future) resp. you send us by your email signature or visiting card. On the other hand, data is automatically collected by our IT systems when you visit our Site. It is mostly technical data (i.e. which Internet browser, which operating system or when you view the pages). Collecting those data takes place automatically as soon as you enter our Site. Collected data is used exclusively for the stated objective, mainly for tender creation or document preparation. Moreover, we also manage personal data for the following aims in which we have an appropriate legitimate interest:

Tenders and further development of our tenders, services, the SMA Site and other platforms on which we are present;
Communication with third parties and processing your requests (i.e. applications, media requests);
Advertisement, marketing and events organization as long as you have not objected to your data usage (when we transmit advertisement to you as an existing customer, you can object at any time, we shall then transfer you to a blocked list against any further advertisement transmission);
Market and opinion research, media observation;
Warranties from our company, among others IT, the SMA Site and other platforms on which we are present;
Analysis of your user behavior.

We manage and record your personal data as long as it is necessary to meet our contractual and legal obligations or otherwise for the management of stated objectives, i.e. for example, for the duration of the global commercial relationship (from contract initiation, execution, up to its end) and also according to legal preservation and documentation obligations. In this context, it is possible that personal data will be recorded for the time during which claims could be raised against our company (i.e. among others during the legal limitation period) and insofar as we are legally liable to do so or if legitimate business interests require it (i.e. for evidence and documentation purposes). As soon as your personal data is no more necessary for the above-mentioned objectives, they will be fundamentally and as long as it is possible erased or anonymized. Typical shorter preservation delays of twelve months or less apply for company data (i.e. system journals, logs).

We take appropriate technical and organizational measures to protect your personal data against any loss or unauthorized access such as directive emissions, trainings, IT and networks security solutions, access controls and limitations, data support encryption and transmission, pseudonymization and controls.

In the framework of data protection law applicable to you and as far as it is herein foreseen (as in the case of GDPR), you have a right to information, correction, erasure, a right to data management limitation and otherwise objection to our data management as well as to specific personal data editing for transmission to another place (called data portability). Please note however that we reserve our right on our side to invoke foreseen legal limitations when we have the obligation to preserve or manage specific data, when we have a predominant interest to do so (as long as we can invoke it) or when we need them in order to raise claims. Should costs be implied for you, we will inform you beforehand. In so far as you have given us the authorization to manage your personal data for specific aims (for example on your enrolment for receiving Newsletters), we will manage your personal data in the framework of and on the basis of this consent. Any given consent can be revoked at any time and this will have no effect on already managed data. Moreover, you have a claiming right at supervisory authorities, especially at the Federal Data Protection and Information Commissioner and/or the competent supervisory authorities within the UE. SMA is responsible for data management such as herein mentioned as long as nothing else has been mentioned in the specific case. In case you have legal data protection requests to raise, please contact us at the following address: communication@sma-partner.com.

When visiting our Site, your user behavior can be statistically evaluated. This happens essentially through cookies and with what is called analysis programs. SMA uses Google Analytics, an analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google"). Google Analytics uses “cookies", i.e. text files which are recorded on a user computer to analyze user behavior when visiting the SMA Site. Recording Google Analytics cookies occur on the basis of Art. 6 par. 1 let. f GDPR. SMA possesses a legitimate interest in analyzing user behavior in order to optimize its web offer and its advertisement. Information generated by cookies for SMA Site usage (including user IP address) will be sent to a Google Server in the USA and saved there. Google uses this information to evaluate user behavior in relation with the SMA Site, to generate reports to the SMA Site activities and to prepare other services related to SMA Site activities and internet usage. Google forwards such information to third parties in specific situations when this is requested by law or when information is further managed on Google’s request. Google does not link user IP address with other data collected by Google. You can oppose your data management by Google in the framework of Google Analytics with the «Browser Add-on for Google Analytics Deactivation» or through an appropriate «Opt-out» cookie. You will find more information about data user with Google Analytics in Google data protection declaration: https://support.google.com/analytics/answer/6004245?hl=de. We have concluded a data management contract with Google and apply the entirely strict DPA and GDPR specifications when using Google Analytics.

Links to other websites

Links on the SMA Site may lead to other servers/pages of the World Wide Web not maintained by SMA. Such external Internet addresses contain information created, published, maintained and/or made available by organizations and natural or legal persons legally independent of SMA. The contents of these servers/pages are neither controlled nor checked by SMA. SMA is not responsible for the content of these servers/pages and makes no warranties or representations as to the accuracy, suitability or as to any other aspect of the information contained on such external servers/pages.

Ownership of trademarks, logos and intellectual property rights

All elements of the SMA Site are copyright protected and belong exclusively to SMA. The modification of these pages is prohibited. Downloading, printing, copying and storing of the SMA Site content, in whole or in part, may only be done for private use. All elements are freely usable for browsing purposes only. The complete or partial reproduction, by electronic or other means, dissemination, modification, linking or use for public or commercial purposes is prohibited without SMA’s prior express and written consent.

The name “SMA and partners Ltd.”, the names of SMA’s products and services as well as SMA’s logos and parts thereof are registered trademarks of SMA. Copyright notices, trademark and other proprietary notices must not be modified or removed. By saving or otherwise copying of software or other data from/to the SMA Site, the respective conditions of use shall be deemed accepted. Third party copyrights are excluded.

Applicable laws and jurisdiction

The contents of the SMA Site are governed by Swiss laws without reference to the principles of conflicts of laws thereof. Any dispute arising from these terms and conditions or out of any materials contained on the SMA Site shall be resolved exclusively by the courts of the Canton of Zurich.