Welcome to www.newwaveproject.ch, the portal dedicated to the company New Wave Project SA owned by the company.

Below are the contractual conditions to access and use the site.  The user is requested to read this document carefully before being able to access or use the site, considering that, by accessing the site, he declares that he fully accepts the terms of this agreement. Information relating to the protection of privacy and personal data is provided in our "privacy policy" to follow, which is always accessible through a special link on the main page of the site.

We wish you a profitable and enjoyable navigation on www.newwaveproject.ch

A. Change of the Conditions

The site reserves the right to change these conditions at any time and at its discretion. The intention to modify the conditions, the content of the amendments and the date of entry into force of the new conditions are published on the site with a 7-day notice of the expected date of entry into force. Once published, the new conditions are automatically binding for all users. It is the user's responsibility to verify the status of the conditions at the time of access to the site. The use of the site after the entry into force of the new conditions implies the acceptance by the user of the same. If the user does not intend to accept the new conditions, he is obliged to interrupt the use of the site with immediate effect.

B. Services and functionality

The site provides services and features to users free of charge.  The site reserves the right to modify and discontinue services at its discretion and without notice.  The user accepts and agrees that the site, within the limits allowed by the law, is in no way responsible for the prejudices, of any nature, arising from the user or third parties from malfunctions of the site, whether they are attributable to action or omission of responsible for the site.

If the user is not satisfied with the services received, he is requested to send his comments to info@newwaveproject.ch. The site undertakes to consider these opinions seriously, but without any obligation / guarantee of confirmation or intervention.

C. Access

By accessing the site or using the services the user adheres to the conditions. Use of the site in a manner that does not comply with the conditions constitutes a contractual violation. Depending on the circumstances, it may configure undue access to IT systems, a violation of intellectual property or an illicit use of resources on the site.

To access certain restricted areas of the site and / or use certain services, you must register, providing personal information if necessary.  In this regard, the registered user undertakes to: (a) provide truthful, accurate, current and complete information about his account and (b) promptly update this information to keep it truthful, accurate, current and complete.

D. User account, password and security

As part of the user registration process, a username and password are created and assigned to the user. The user undertakes to take all measures necessary to safeguard the secrecy of such data.  He is solely responsible towards the site for activities related to the use of the same.  The user undertakes to inform the site immediately in case of unauthorized use of the username and password attributed to him, as well as of any other security breach he should become aware of.

 

E. Contents and information on the site

The site does not carry out any monitoring or control on the content originated by users or third parties who transit or are available on their computer systems or on the site.

The site can check, as it is not obliged, the affiliation requests of professional users. In any case, the site does not assume any responsibility, nor does it issue guarantees in this regard.

The site publishes information provided by registered users, in particular by their professionals. This information concerns especially the products and the possibilities of contact. The site has no control over this information, nor does it undertake any verification obligation regarding the truthfulness, completeness or reliability of the same. Consequently, the user recognizes and accepts that the site is in no way responsible for such information, nor for any content, product, service or other provided, on the website or separately, by surfers, registered users and / or third parties.  The user also acknowledges and agrees that the site is not responsible, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of, or reliance on any content, good or service available on the site and / or provided by navigators, registered users and / or third parties.

 

F. Contents and links external to the site

The site contains links to external sites and other resources available via the Internet.  The site has no control over these sites and resources. It does not check the legality, the quality of the contents or the security.  Consequently, the user recognizes and accepts that the site is in no way responsible for the usability / accessibility of such third-party sites and resources, respectively for any content, advertising, product, service or other material present or available on said sites or resources.  The user also acknowledges and accepts that the site is not responsible, directly and / or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of, or reliance on any content, good or service available on / through these sites or external resources.

G. Intellectual property and policy on links

The site claims all intellectual property rights on the site, its graphics, its databases and its contents, as well as on any registered and unregistered trademarks.  You may not modify, copy, publish, reproduce, transmit, disseminate, market, create derivative or second-hand works, view or exploit in any way the services or any content / functionality present on the site, except for the use personnel of the site and its services, without prejudice to the prior written consent of the site owner.

The site authorizes, upon reservation of discretional revocation at any time, links (links) to the initial page of the site (homepage), provided that the same are not detrimental to the reputation of the site.  Of controversial, links to internal pages of the site (deep links) or the incorporation of content into third-party sites (in-line linking and framing) are prohibited, subject to prior written consent of the site owner.

H. Warranty exclusion

The user expressly acknowledges that the use of the services and of the website takes place at his own risk. The services and website are provided "as is" and "as available". Within the limits allowed by law, the site does not give any kind of guarantee, either explicit or implicit, including (but not limited to) guarantees of marketability, suitability and safety. It does not guarantee, in particular, that the site and the services offered will satisfy the user's needs, that the use of the site and services will be uninterrupted, timely, secure and error-free.  The site does not provide any guarantee on the accuracy, truthfulness and reliability of information and / or communications published on / conveyed by the site and / or from services connected to it, nor does it guarantee that any defects, although notified, will be corrected.

I. Limitation of liability

The user assumes the full risk arising from access / use / navigation on the website www.newwaveproject.ch.

The user accepts and acknowledges that the site, as well as all persons, entities and companies related to the activity of the same, within the limits allowed by law, declines any responsibility in case of damages of any kind (in particular: direct and indirect damage, damage to reputation, lack of profit, etc.) that could arise for the user from accessing the site and using it.


The site may cesare, reduce or suspend, at any time, without notice and in a discretionary way, the availability / usability of the site and services. No compensation is due to the user in case of exercise of this faculty by the site.

J. User conduct

a) The user undertakes not to use the site and / or services in an unlawful, immoral or infringing of the rights of third parties, with particular reference to communications made on / through the site.

b) The user undertakes, in particular, not to transmit through the site and / or services illicit, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or any other inappropriate material.

c) The user guarantees that his / her communications / transmissions to / on the site have been verified by an updated antivirus and therefore they are free of malicious elements.

d) The user undertakes not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or violate Swiss or foreign legislation.

e) The user undertakes not to use the site and / or services to commit illicit, fraudulent or infringing rights of third parties, including the right to privacy (private life) and other rights of the personality (in particular, image, name and honor).

f) Attempts to access / unauthorized access to the site's computer system are prohibited.

g) The user declares and agrees not to use spiders, robots and similar means to sift the contents of the site. It also undertakes to refrain from using any kind of means, including software, to interfere with or attempt to interfere with the activity of the site or to hinder its usability by users.  The user undertakes not to put in place behaviors to determine, directly or indirectly, an excessive load for the site and / or its IT systems.

K. User-generated content

The site allows the user to forward and publish messages, comments, links, files, etc. on the site and on the resources connected to it. The user declares and guarantees that such contents fulfill the requirements of the conditions. In this regard, he assumes the obligation to keep the site and other users harmless for any loss or damage arising from the publication of content that does not comply with these conditions.

The publication of the contents on the site does not imply sharing or agreement of the site in relation to the same.  As a rule, the site does not carry out any verification of the contents published by users, with particular reference to links (links) to resources to third parties.  The site reserves the right, without having the obligation, to check the contributions of users before or after their publication.  The user has no right to publish its contents.  The site therefore has the right, without notice and at its discretion, not to publish said contents, or to remove the contents already published.

Regarding messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or any other content that the user transmits, forwards, publishes or uploads on the site and / or in connection with any service rendered by the site, in transmitting or uploading such content, it grants the site a license right of the maximum duration required by law, with the right to sub-license, non-exclusive, valid throughout the world, to use, reproduce, modify, publish, translate, prepare derivative / second-hand works, and distribute such content for any purpose and in any form, reserved the rules on the protection of privacy and personal data.  This license is granted automatically and free of charge.  By submitting such content, the user declares, therefore, and guarantees, that he has the right to dispose of the same and to grant the aforementioned license.

L. Relations with advertisers and suppliers of goods and services

Each transaction, with particular reference to the supply of goods and / or services (in terms of conditions, guarantees, representations, etc.) between user and third party advertisers / business partners / etc. of the site only concerns the user and said third parties. The site does not provide any guarantee in relation to the work of third parties, nor does it assume any responsibility for any prejudice deriving from transactions with said third parties.

M. Compensation

You agree to indemnify / to maintain the site and affiliates, partners, executives, collaborators, representatives, agents, employees, assignees and assignees unharmed, from any damage / prejudice suffered, respectively by any claim and / or request third parties, including legal defense expenses, arising from the illegal use of the site and / or services, failure to comply with these conditions or the violation of any legal provision by the user.

N. Exclusion from the site

The site reserves the right, at its sole discretion, to decide whether the behavior of the user is compliant with the content and spirit of these conditions.  The site reserves the right to suspend, limit or terminate the user's registration, as well as to partially or completely prevent the user from accessing / using the site and / or services, in particular if the behavior the user was not deemed compliant with these conditions.

O. Abstention does not imply renunciation or contractual change

The fact of the owner of the site does not exercise rights and / or prerogatives of its relevance, respectively abstain from enforcing certain provisions contained in these conditions should not be interpreted as a waiver to enforce these rights and / or prerogatives in the following or as acceptance of a proposal to amend these conditions.

P. Severability

To the extent that any provision of this contract is found to be invalid or ineffective, the remaining provisions remain in full force and effect.

Q. CLAUSE OF EXTENSION OF HOLE AND CHOICE OF APPLICABLE LAW

The conditions of use, as well as the various relationships between the user and the owner of the site, with reference to access and use of the same, are governed by Swiss law, excluding the rules of private international law, reserved for the pre-eminence of mandatory rules that may apply.

The parties choose the forum of Chiasso (Ti) as the only competent court in the event of a dispute arising out of or simply connected with the use of the website www.newwaveproject.ch.

R. Adoption and updates

These conditions of use were adopted on 15/02/2017.

 

The privacy policy (hereinafter "policy") describes the behavioral rules applied by www.newwaveproject.ch in relation to the processing of personal data of users.  Use of the site implies acceptance by the user of the policy. It is the responsibility of the user to verify the status of the policy at the time of each access to the site.  The policy is constantly updated, in particular according to the evolution of the federal law on personal data protection (hereinafter "LPD").  If the user does not intend to comply with the policy, he is obliged to interrupt the use of the site with immediate effect. The site reserves the right to change the policy at any time and at its discretion. The intention to modify the policy, the content of changes and the date of entry into force of the new policy are communicated on the site with at least 7 days' notice of the expected date of entry into force.

Once entered into force, the new policy is automatically binding for all users. The use of the site after the entry into force of the modified policy implies acceptance of the same.

The protection of privacy and personal data of users is of fundamental importance for the site. The ability to provide certain services requested by the user (for example news-letters, chat rooms, etc.), as well as the technical characteristics of the internet (web, e-mail, etc.), imply the collection and processing of information by of the site, even of a personal nature, related to the user (for example the IP address of the user's terminal).


Our policy on the protection of personal information of users is described below.

A. Personal informations

The site may process personal information only in strict compliance with this policy and / or applicable law.  Personal information means all the information concerning the user, insofar as they make him personally identified or identifiable.

B. Collection and processing of personal information

The site does not collect or process personal information about users, except when this is necessary to allow access, use and / or improvement of the site, subject to the following provisions.  The site does not collect personal data worthy of special protection pursuant to art. 3 lett. c LPD, such as belonging to a race, ethnicity, religious beliefs or health status.

The site does not send elaborate advertisements based on users' online behavior on third-party websites. To this extent, the site does not track the activity of the user online, nor does it support the use of tools aimed at monitoring the use of third-party web resources or e-mail.

The site indicates the purposes for which personal information is collected and processed, if it is not apparent from the circumstances, at the latest at the time of the information gathering. These purposes can be communicated through the web browser, through individual communication, or still be based on this policy.

Personal information can only be processed according to the purpose indicated or resulting from the circumstances at the time of collection.

The site is authorized to collect and process personal information provided by the registered user such as name, address, telephone number, e-mail address, age, profession, interests to provide the user requesting special services such as newsletters, games and competitions, as well as to propose participation in online activities and events related to site activity. For example, if the user sends an email with a question or comment, the site can use his email address to reply. The site can store and catalog the e-mail, the e-mail address and a copy of the answer.

As part of its activity, the site makes use of external suppliers of goods and services. The site gives these suppliers access to personal information only to the extent that this is strictly necessary for the correct and efficient performance of their duties. The transmission of / access to personal information is subject to the condition that such third parties have signed a commitment to keep such information confidential and not to use it for reasons unrelated to the performance of their duties. The site does not assume any responsibility for the actions of said third parties, insofar as it is not found to be a seriously negligent behavior in the selection, instruction and control of such third parties.

Only with the explicit and informed consent of the interested user ("opting in") on site is authorized to transmit personal information to third parties, including affiliates / sponsors / marketing partners / advertisers, in order to allow the user to receive directly from said third-party promotional offers, event reports and tailored advertising messages.

The site is conversely authorized to communicate to users, using the personal contact details provided during registration, information about the activity of the site and messages of commercial partners / sponsors / advertisers, including advertising. The site does not assume any responsibility for the actions of said third parties, with particular reference to the content of said communications and to the correct fulfillment of any contracts concluded with the user. The user has the right to request, at any time, without causing a reduction in the usability of the site, the termination of such transmissions ("opting out"). The methods of communication of this request are indicated in par. The following.

Other personal information, such as, for example, information concerning the use of the site (IP address, length of stay, services used, links and advertising messages activated, etc.) are analyzed, in a fully automated manner, to evaluate the introduction of new features, to improve the quality of the services offered, to determine the user's interest in sending customized advertising, as well as to optimize the usability of the site.

The site does not install, respectively, promotes the installation of third-party cookies and (in general) of persistent cookies (evercookies) on the user's computer. The site's cookies are allowed. A cookie is a file installed on the hard disk of the computer that can be used to recognize the user's terminal on the web. Cookies can be used to automatically recall personal information previously entered on the site (such as user name, password, interests, settings or preferences) so as not to re-enter it in case of subsequent visits.

The use of cookies is allowed to automatically customize the site configuration and for system administration purposes. As for the management of cookies, the user can set his browser to inform him of the receipt of a cookie or block cookies in general. If the user blocks cookies, he may however suffer a slight reduction in the usability of the site.

Except where otherwise provided by this policy or law, the site undertakes not to sell, rent, crush, trade or transfer personal information (including e-mail addresses) to third parties, and rather to treat all personal information as confidential.

C. Transmission and storage of personal information

The site transmits personal information about users to third parties only with the consent of the person concerned and on condition that the addressee has his / her place of residence in Switzerland. It is reserved the case in which the transmission is requested or authorized by law or is ordered by a Swiss (judicial or administrative) authority.

The site retains personal information about users until this serves the purpose for which they were collected, respectively to the extent that there is a legal obligation of retention. Within the limits of the law, if the registered user cancels his account, all the information contained therein or related to it are automatically deleted, except for any correspondence between the parties in written or electronic form.

D. Consent for the collection and processing of personal information

By providing personal information, respectively using the site, the user accepts that the same make the object of collection and processing in accordance with the law and / or this policy.
Depending on the circumstances, or depending on the sensitivity of the data provided, respectively traced, the user may be required to explicitly declare their consent to the collection and processing of personal information. The consent can be revoked by the user at all times by observing the methods of communication indicated in par. The following.

Where permitted or required by law or in the presence of an order from a Swiss (judicial or administrative) authority, the site is authorized to collect, use and transmit personal information about users without obtaining their prior consent and without they are informed about it.

The registered user who does not wish to receive information / messages about the activity of the site and / or promotional / advertising messages, directly or through the site, coming from our commercial partners / sponsors / advertisers can express their veto, respectively revoke consent, simply by observing the methods of communication indicated in par. The following.

E. Safety

Only authorized persons have access to personal information about users, within the limits of what is strictly necessary for the performance of their duties. The site implements all security measures reasonably imposed by the circumstances and proportionate against unauthorized access, use, transmission, alteration, loss or destruction of users' personal information. These measures include measures of a technical, physical and organizational nature. However, given the nature of the Internet as an open network, the site can not guarantee or guarantee an absolute level of protection.

We therefore decline any responsibility in this area, insofar as the harmful event is not the direct result of a behavior attributable to the site, which is malicious or grossly negligent. The site is not equally able to guarantee the confidentiality of the data provided or transmitted via the website or e-mail. The site therefore disclaims any responsibility for the security of data in transit through the Internet to / from the site in terms syndicated.

F. Access to personal information

The site recognizes the right of every user to access the personal information concerning him for free and to verify its accuracy, as well as to have it modified, corrected and / or updated.

Upon request, the user has the right to be informed if, and in what manner, personal information concerning him / her is processed. In certain special cases, if so prescribed by law, access to data may be denied.  The site will positively evaluate any suggestions or complaints from users regarding their privacy and personal data protection policies.

G. Links to third-party sites and resources

The site contains links to sites and other Internet resources related to third parties. The site is in no way responsible for the contents, security and usability of such sites and resources; in particular, the site does not verify the policy, nor does it grant guarantees regarding the protection of privacy and personal data by third parties.

H. Ownership of the site and responsible for data protection

The owner of the site and responsible for security is New Wave Project SA, Corso San Gottardo 9 Chiasso, 6830 CH, which can be contacted at the e-mail address indicated in par. The following.

I. How to contact us

If you have any comments / questions concerning our policy, the processing of your personal information or if you wish to change your preferences regarding the processing of your personal data, please consult the "My Account" section of the website or an email with "Privacy" object to info@newwaveproject.ch.

J.Adoption and updates

This privacy policy was adopted on 02/15/17.

​​​​©  2020 New Wave Project SA

Corso San Gottardo 9, Chiasso 6830, CH

+41 91 290 32 00

info@newwaveproject.ch

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