General Conditions of Use

General Conditions of Use (GCU)

CONDITIONS OF USE OF THE WEBSITE

The Internet site accessible at the url www.growithy.com is the property of Growithy.com with registered office at Tödistrasse 16 – 8002 Zürich which holds all the relative rights. Use of the site is permitted in order to consult the information it contains, but its use for commercial purposes, or within the context of a business, is forbidden. The term “Use” covers all operations performed by the User from the moment of access to the Site, including mere consultation, regardless of the access device (PC, tablet or smartphone), the type of connection (private, third-party, public or WI-FI) and the connection location. Use of the Site implies the User’s acceptance of these conditions without reservations. The conditions may be modified by Growithy.com over time, and Users are therefore advised to view them periodically; the relevant version is the one published on the site at the time of use.

OPERATION OF THE SITE

The Site enables the User to:

  • Find out about the articles and services offered by Growithy.com
  • Acquire contact details and information about the business of Growithy.com
  • The list of functions is purely guideline and is not exhaustive.

CONDITIONS OF USE OF THE SITE

Use of the Site is only permitted to people who are legally of age and identifiable as natural persons, or children under eighteen years of age authorised by a parent or guardian. Access to some of the Site’s services may be conditional on creation of an Account, for which purpose the User may be asked to contribute information which allow him to be identified. Growithy.com is obliged to collect and store personal data which allow the User to be identified and the User must contribute accurate, complete data with regard to his identity, and must conserve the credentials, treating them as strictly confidential. With regard to data processing, reference should be made to the privacy policy statement available on the site.

RULES OF CONDUCT

Users must not

  • commit unlawful acts;
  • extract or collect the personal data of the Site’s users by any means;
  • extract, record or use data or contents without obtaining specific consent;
  • store, disseminate or publish any comment or content which is unlawful, harmful, injurious or discriminatory, which incites hatred, which is contrary to public morality, or which is damaging to the privacy or rights of others, especially the image, reputation and intellectual property rights of Growithy GmbH;
  • engage directly or indirectly in propaganda of any kind or nature using material obtained from the site or with reference to it;
  • store, disseminate or publish any contents which may be directly or indirectly damaging to the rights of Growithy GmbH.

INTELLECTUAL PROPERTY

Growithy GmbH prepares the contents published on the site in full compliance with copyright law, in order to protect authors’ rights and conform to the regulatory framework regarding intellectual property, designs and patterns, brands, domain names, patents and know-how. Growithy.com is the owner of all the Contents of the Site and the relative rights, and users are not permitted to use the materials (texts or images) in any circumstances and for any reason.

RESPONSIBILITY

Users use and consult the Site entirely under their own responsibility. Growithy GmbH shall not be considered responsible for damage arising from access to or use of the Site and the information it contains. Growithy GmbH reserves the right to temporarily suspend access to the Site for technical reasons relating to maintenance and updates, without any entitlement to claim compensation on the part of users. Growithy GmbH shall not under any circumstances be considered responsible in the event of network malfunctions preventing the correct functioning or display of the Site, or which render previously published information unavailable; similarly, it shall not be held responsible for any event or condition relating to the user’s systems which prevent him from making correct use of the published resources. Growithy GmbH shall not under any circumstances be considered responsible in the event of the publication of incorrect or inaccurate information and undertakes to make the necessary corrections as soon as it becomes aware of any such events.

PERSONAL DATA PROTECTION

In accordance with the data protection legislation Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and with the Federal Act on Data Protection (FADP) of 19 June 1992, the data collected on the Site will be processed by Growithy GmbH. Users may exercise their rights with regard to the processing of their data by sending a specific request to Growithy GmbH – Tödistrasse 16 – 8002 Zürich – contact@growithy.com. Users may consult the Personal data protection policy of Growithy GmbH as published on the site.

INTEGRALITY

In the event that one or more clauses of the general conditions of use are declared null and void further to the application of a law, a regulation or a definitive legal sentence or administrative ruling, the other clauses shall retain their validity.

APPLICABLE LAW AND COMPETENT LAW COURT

These General Conditions of Use are governed by Swiss law. Any dispute not settled out of court shall be subjected to the exclusive jurisdiction of the law court of Zürich.

Privacy Policy

Privacy Policy Statement under art. 13 of Regulation 2016/679/EU (GDPR) and Federal Act on Data Protection (FADP) of 19 June 1992

The GDPR and the FADP protect the fundamental rights and freedoms of natural persons, in particular their right to the protection of personal data. Our company believes that the right to privacy must be protected with the greatest possible care and is therefore committed to the effective implementation of the aims set by the relevant European legislation. When collecting, processing and storing the data relating to all those who contact us, we bear in mind that these activities must be fair, lawful and transparent and that no data not really necessary must be processed or stored. We process data using electronic and IT tools and store data on paper, electronic, IT and all useful kinds of media, locating them in European countries with protection guarantees and third countries for which the European Commission has issued an adequacy decision: Switzerland. All tools and media used are protected by technical and organisational measures to guarantee appropriate personal data security. The following information is therefore provided in compliance with art. 13 of the GDPR and with FADP:

  1. PURPOSES
    The data you contribute will be processed, also using computerised tools, to enable you to use the services offered by the Growithy, with the adoption of technical and organisational measures to guarantee appropriate personal data security.
  2. NATURE OF CONTRIBUTION
    The contribution of personal data is compulsory for registration on the site and use of the services offered.
  3. USE OF DATA
    We use your data to guarantee you access to our services and for their delivery, including communications related to provision of the service administrative, financial or accounting activities. Processing of this kind is necessary for the correct provision of services to users who register for them. These forms of processing are based on the Data Controller’s legitimate interest (point 4) and you can object at any time.
  4. DATA CONTROLLER
    The data controller is Growithy GmbH with registered operational office at Tödistrasse 16, 8002 Zürich. Contact details: contact@growithy.com +41 44 431 07 07.
  5. DISCLOSURE OF DATA
    Data may be disclosed to third parties specifically appointed and designated as Data Processors, which will only receive the data necessary for purposes related to the provision of the services and the management of our business.
  6. AUTHORISED ENTITIES
    All personnel of Growithy GmbH fulfil their duties in accordance with instructions received from the Data Controller, for the purposes of art. 29 of the GDPR, and have been authorised to process the data.
  7. RIGHTS
    In accordance with and respecting the limits and conditions enforced by personal data protection legislation concerning the exercise of the Data Subject’s rights, with regard to the processing covered by this Privacy Policy Statement, as Data Subject you are entitled to request confirmation as to whether or not personal data concerning you are being processed, and to access your personal data; with regard to them, you are entitled to request their rectification, erasure, and the notification of the rectifications and erasures to any entities to which our Organisation has transmitted the data, the restriction of the processing in the legally envisaged cases, the portability of the personal data – which you have contributed – in the legally envisaged cases, to object to the processing of your data and, specifically, to object to decisions relating to you if based solely on the automated processing of your data, including profiling. If you believe that the processing of your data violates the provisions of the GDPR, you are entitled to lodge a complaint with the Supervisory Authority under art. 77 of the GDPR. If you wish to request further information on the processing of your personal data or to exercise your rights, please contact Growithy GmbH at Tödistrasse in 8002 Zürich, writing, or send an email to contact@growithy.com
  8. DATA STORAGE
    Data are stored for as long as necessary for the provision of our services. Personal data will be stored in electronic/IT form for the time strictly necessary to fulfil the purposes stated in point 1, in compliance with your right to privacy and the relevant legislation. For purposes of analyses for the development and improvement of the service, the user’s personal data may be stored for an additional period of 36 months. In the event of the exercise of the right to be forgotten through a request for the specific erasure of the personal data processed by the controller, please remember that these data will be stored, in protected form and with restricted access, solely for the purposes of the investigation and prosecution of offences, for a period not exceeding 12 months from the date of the request, after which they will be securely erased or irreversible anonymized. To conclude, you are reminded that for the same purposes, the data relating to data traffic, not including the contents of any communications, will be stored for a period of no more than 6 years from the date of communication, pursuant to art. 24 of Law no. 167/2017, implementing Directive (EU) 2017/541 on combating terrorism.