Terms of Use and Privacy Policy - Kraft Your Life

INTRODUCTION

The platform /kra:ft/ (www.kraftyourlife.com) (/kra:ft/ or the Platform) intends to connect artists and artisans (the Organiser) and potential participants (the Participant, you) to book online workshops organized by the Organiser.
/kra:ft/ has been developed and is operated by Kraft Your Life Sàrl, a limited liability company under Swiss law with headquarters in Fribourg (Kraft Your Life or us).
Any person accessing the platform (you or the Visitor) states expressly and prior to any use of it, to have read and unreservedly accepted these Terms of Use (Terms of Use).
You have the option to save or print these Terms of Use, provided that both saving and printing this document are solely your responsibility.
Unless otherwise specified in these Terms of Use, the capitalized terms have the meaning ascribed to them in the General Conditions – participants available at the following link www.kraftyourlife.com/en/terms and the term “Personal Data” has the meaning defined in Article 3 of the Federal Law of 12 June 1992 on Data Protection (DPA).
We reserve the right to modify or adapt at any time without notice these Terms of Use for any reason, including complying with the statutory and regulatory provisions. We invite you to consult regularly and before visiting our platform.

These Terms of Use are written in French and English. In case of discrepancy, the French version shall prevail.

TERMS OF USE

Article 1: Purpose

These Terms of Use define the terms of use of our platform by any visitor and also contain our privacy policy.

Article 2: Commitments

Using the platform, you make the following statements and take the following commitments:

  •  You agree to provide only true and correct information;
  • If you are an individual, you represent that you have 13 years;
  • You act in your name and on your behalf;
  • You agree not to use the mark /kra:ft/ or domain name kraftyourlife.com, without our written consent;
  • You agree not to register or use any other sign (brand, logo, company name, domain name, etc..) Containing the word “kraft” for identical or similar to those of the Platform activities, without our written permission .

Article 3: Content

The elements of the platform including, logos, trademarks, names, images, comments, descriptions, are protected by trademark law, the image rights and copyright. All of these elements are the property of Kraft Your Life and / or its partners. They may not be copied, reproduced, distributed, transmitted, downloaded, by any means whatsoever and for any reason whatsoever.
However, under the private copying exception, it is possible to retain a copy of pages of the platform, these Terms of Use and any other text made available for strictly personal and non-commercial purposes, and provided no change.

Article 4: Privacy Policy

We are committed to collecting and processing your Personal Data as confidential in accordance with this privacy policy (the Policy) and the law. We ask our partner Organizers and subcontractors that they do the same.

  • What are the Personal Data that we collect?
    When you use the Platform, we may collect a variety of information about you, including: (a) your name, your e-mail address, your age, your mobile number / phone / fax your name user, password, and language, (b) information on bookings made through the platform.
  • For what purposes the Personal Data being collected and processed?
    We collect and process your Personal Data in the first place to treat your booking requests, and monitor billing and eventually recovery.
    We also use your Personal Data to improve the platform and for statistical and marketing purposes.
  • Newsletter and Anti-spam policy
    1. No unsolicited services or products shall be sent to you without your prior and explicit consent (model opt-in).
      During the ordering process, you can subscribe to our newsletter. By subscribing, you authorize us to inform you about new workshops offered by our platform.
    2. You can at any time indicate you no longer wish to receive communication for advertising purposes from an Organizer or from us by sending us an e-mail to the following address client@kraftyourlife.com, in which case we will arrange to process your request or forward it to the Organizer concerned.
  •  Transmission of Personal Data
    In principle, your Personal Data will not be transmitted to third parties without your prior consent.
    By sending a reservation request, however, you expressly authorize us to disclose your Personal Data to our partners involved in the processing of your application (in particular the Organizer), as well as monitoring, billing and collection thereof . Such a transfer may include the transfer of your Personal Data in a country other than the country in which you reside, including in countries not offering a similar level of protection as yours. You expressly consent to such transfer of your data.
    We also draw your attention to the fact that we may disclose your Personal Data (i) pursuant to a statutory or regulatory requirement (including at the request of auditors), or (ii) as a result of order of a judicial or administrative authority or (iii) in connection with any judicial or administrative proceedings in which our company is involved, provided that such disclosure is necessary to protect the interests of our company and is limited to the minimum necessary.
  • Cookies, log files and other technologies
    The website, online services, interactive applications, email messages and advertisements of the Platform may use “cookies” and other technologies such as web beacons or “pixel tags.” These technologies allow us to better understand user behaviour, tell us which parts of our services are the most visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal data. However, insofar as the Internet Protocol (IP) addresses or similar identifiers are considered Personal Data under applicable law, we also treat these identifiers as Personal Data. Similarly, to the extent that non-personal data is associated with Personal Data, we will treat the information as well as associated Personal Data for the purposes of this Policy.
    You can disable cookies by modifying the options of most web browsers. However, you understand and agree that certain features of the platform may not be available if cookies are disabled.
    Like many websites, we gather certain information automatically and store it in log files (logs). These data include the Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring pages and exit the operating system, date / time and information about your visit to the Site. We use this information to understand and analyse trends, administer the site, understand the behaviour of users and gather demographic information about all our users.
    Beacons (“pixel tags”) allow us to send email messages in a format readable by customers and to know whether the message was opened. We may use this information to reduce or eliminate messages sent to customers.
    We establish in principle no link between these automatically gathered data and your Personal Data. If we do combine non-personal information so as to enable your identification, combined data will be treated as Personal Information as long as they remain associated. We do not share such Personal Data to third parties.
  • Data Security
    We implement technical means recognized to ensure the security of your Personal Data against the risk of unauthorized access, loss, destruction or unauthorized use.
  • Where do we keep your Personal Data?
    We keep your Personal Data on our servers in France. Such storage may include the transfer of your Personal Data in a country other than the country in which you reside, including in countries not offering a similar level of protection as yours. You expressly consent to such transfer of your data.
  • How long do we keep your Personal Data?
    We will retain your Personal Information for as long as is necessary to fulfil the purposes for which we have collected. In principle, we keep your Personal Data 18 months.
    You will notice that your data may be retained for a longer duration for statistical purposes, in which case Personal Data are normally stored in such a way as to not be able to identify you.
    Some of your Personal Data may finally be stored in accordance with legal requirements for archiving books, accounting records and correspondence, is in principle for 10 years.
  • Right of access and rectification / of your Personal Data
    If you wish to correct or have access to data collected through the platform about you, please send a written request with proof of identity at the address indicated in paragraph 9 below.

Article 5: Limitation of Liability

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. IN PARTICULAR WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES RESULTING FROM (I) THE USE OF OR INABILITY TO USE THE PLATFORM, (II) THE REVOCATION OF YOUR ACCESS TO PLATFORM, (III) THE UNAUTHORIZED USE OF TERMINAL FOR ACCESSING THE PLATFORM, (IV) THE UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, (V) THE LOSS, THE MODIFICATION, THE DELAY, THE INTERCEPTION OR ERROR DURING TRANSMISSION TO AND FROM THE PLATFORM, (VI) THE CONTENT PUBLISHED BY THIRD PARTY ON THE PLATFORM, (VII) STATEMENTS AND ACTS DONE BY THIRD PARTIES ON OR THROUGH THE PLATFORM. IN NO EVENT SHALL OUR LIABILITY NOT EXCEED THE TOTAL AMOUNT PAID BY YOU THROUGH THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW AND UNLESS OTHERWISE STATED IN OUR HAND, ALL INFORMATION PUBLISHED ON THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO WARRANTY REGARDING THAT.

WE ARE NOT A PARTY TO THE CONTRACT BETWEEN A HOST AND A PARTICPANT AND HAVE NO CONTROL OVER THE WORKSHOP COURSE BOOKED THROUGH THE PLATFORM. WE DO NOT WARRANT THAT THE ORGANIZERS RESPECTIVELY THE PARTICIPANTS CONCLUDE SUCH A CONTRACT, OR THEY ARE ALLOWED TO DO OR THAT THEY MEET THEIR OBLIGATIONS UNDER SUCH A CONTRACT, OR THEY COMPLY WITH THE LAW.

Article 6: Links to other websites

Links to websites not under the direct responsibility of Kraft Your Life may be present on the platform: this policy does not apply to them, unless otherwise stated.
THEREFORE WE DISCLAIM ANY LIABILITY FOR SUCH THIRD PARTY PRACTICES REGARDING TREATMENT AND PROTECTION OF PERSONAL DATA AND WE INVITE YOU TO BE AWARE OF THEIR USES OF PROTECTION.

Article 7: Termination of your access

We may at any time limit or block your access to the platform, without notice and in our sole discretion, including if (i) you have violated these Terms of Use or any directive or instruction from us, (ii) you have violated a Contract with an Organiser, respectively, a Participant, (iii) at the behest of a competent authority or (iv) for technical reasons of maintenance or modifications of the Platform.

Article 8: Miscellaneous

  1. Severability
    If any provision of these Terms of Use is declared invalid or unenforceable for any reason whatsoever, it shall be, as far as possible, adapted rather than invalidated to meet the best for parties. In all cases, all other provisions of these Terms of Use will remain valid and enforceable to the extent that they are compatible.
  2. Waiver
    The waiver by either party to enforce its rights as a result of a breach by the other party of any of its obligations shall not be deemed a waiver of its rights in respect of a subsequent breach.
  3. Applicable Law
    THESE TERMS OF USE ARE SUBJECT TO THE LEGAL MATERIAL OF SWITZERLAND, WITH THE EXCLUSION OF RULES OF PRIVATE INTERNATIONAL LAW.
  4. For
    ALL DISPUTES RELATING TO THESE TERMS OF USE WILL BE THE EXCLUSIVE JURISDICTION TO THE JURISDICTION OF KRAFT YOUR LIFE HEADQUARTERS. AN APPEAL TO SWISS FEDERAL COURT IS RESERVED.

Article 9: INFORMATION / CONTACT

For any question, request or complaint, please kindly contact us at the following address:

Kraft Your Life Sàrl
Customer Service
The Coutset 18
1485 Nuvilly
Switzerland
E-mail: client@kraftyourlife.com

Date: March 30th, 2015

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