General Conditions

General Conditions of Use (GCU)

GENERAL INFORMATION ABOUT THE WEBSITE

The Internet site accessible at the URL www.growithy.com is the property of Growithy AG 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 AG 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 offers and services of Growithy AG
  • acquire contact details and information about the business of Growithy AG

This list is intended purely as a 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 authorized 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 provide information which allow him to be identified. The User must provide truthful and complete information about his identity. Growithy AG undertakes to treat credentials as well as collected and stored personal data that enable the user to be identified as strictly confidential. With regard to data processing, reference is made to the Privacy Policy Statement available on this website.

CODE 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 AG;
  • 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 AG.

INTELLECTUAL PROPERTY

Growithy AG 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, design, brand, domain names, patents and know-how. Growithy AG is the owner of all the Contents of the Site and the relative rights. Users are not permitted to use the materials (texts or images) under any circumstances and for any reason.

RESPONSIBILITY

Users use and consult the Site entirely under their own responsibility. Growithy AG shall not be considered responsible for damage arising from access to or use of the Site and the information it contains. Growithy AG 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 AG 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 system (malfunctions, technical issues, etc.) which prevent him from making correct use of the published resources. Growithy AG 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 it.

PERSONAL DATA PROTECTION

Growithy AG processes the personal data collected on the website in accordance with the Data Protection 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, as well as the Federal Act on Data Protection (FADP) of 19 June 1992. Users may exercise their rights with regard to the processing of their data by sending a specific request to Growithy AG – Tödistrasse 16 – 8002 Zürich – contact@growithy.com. The Privacy Policy Statement of Growithy AG is available under the chapter “Privacy Policy” on this website.

SEVERABILITY CLAUSE

In the event that one or more clauses of these 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 JURISDICTION

These General Conditions of Use are governed by Swiss law. The exclusive place of jurisdiction for disputes that cannot be settled out of court is Zurich (Switzerland).

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. Growithy AG 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 of the persons who contact Growithy AG, all reasonable measures are taken to ensure that the activities are fair, lawful and transparent and that no data that is not really required is processed or saved.
Growithy AG processes data using IT and electronic tools and store data on paper, electronic data carriers and other useful media. All tools and media used are protected by technical and organizational 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. PURPOSE
    The data you provide will be processed, also using computerized tools, to enable you to use the services offered by Growithy AG, whereby technical and organizational measures are taken to ensure an adequate security of personal data.
  2. NATURE OF INFORMATION
    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, the company-specific surveys and evaluations, as well as for administrative, financial and/or accounting purposes. Such processing of data is necessary for the proper provision of our services to the persons who register for the purpose of using them and is based on the Data Controller’s legitimate interest (point 4). Users are entitled to object at any time.
  4. DATA CONTROLLER
    The data controller is Growithy AG with registered office at Tödistrasse 16 – 8002 Zürich. Contact details: contact@growithy.com,+41 44 431 07 07.
  5. DISCLOSURE OF DATA
    Your data may be disclosed to third parties specifically appointed and designated as Data Processors. They will only receive the data necessary for purposes related to the provision of the services of Growithy AG and the management of the operational business.
  6. AUTHORIZED ENTITIES
    All personnel of Growithy AG fulfil their duties in accordance with instructions received from the Data Controller within the meaning of art. 29 of the GDPR and have been authorized to process the data.
  7. RIGHTS
    In accordance with the data protection laws, you are entitled to request an excerpt of whether or not personal data concerning you has been processed and whether your personal data is being accessed.
    You have the right to ask for a rectification or erasure of the data and you can request confirmation of the rectifications and erasure of the data at all places where Growithy AG has transmitted the data.
    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 in accordance with 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 AG – Tödistrasse 16 – 8002 Zurich in writing or send an e-mail 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 your right to be forgotten by requesting the specific erasure of the personal data processed by the controller, please remember that these data will be stored in a protected form and with restricted access, solely for the purposes of the investigation and prosecution of offenses, 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, pursuant to art. 24 of Law no. 167/2017, implementing Directive (EU) 2017/541 on combating terrorism.