General Terms and Conditions (T&Cs)

Table of contents

1             Scope of application
2             Definitions        
3             Subject-matter of the contract 
4             Services and liability of Swiss Conferencing        
4.1          Service limitation / Warranty    
4.2          Liability
4.3          Force majeure 
4.4          Limitations         
5             User obligations              
5.1          Payment            
5.2          Access details   
5.3          Legal and contractual use           
6             Formation of contract   
6.1          Formation          
6.2          Exclusion            
6.3          Termination      
7             Service
7.1          Service amendments    
7.2          Fees     
7.3          Invoicing             
7.4          Calculation of fees         
7.5          Method of payment      
7.6          Payment default             
8             Data protection
9             Data processing agreement       
9.1          General              
9.2          Subject-matter, duration and type of data processing   
9.3          Rights and obligations of the customer (user)   
9.4          Rights and obligations of the contractor (Swiss Conferencing)   
9.5          Enquiries by data subjects          
9.6          Evidence possibilities, reports and audits            
9.7          Place of performance of data processing             
9.8          Involvement of sub-processors
10           Final provisions
10.1       Assignment       
10.2       Amendments of the T&Cs          
10.3       Place of jurisdiction

1                Scope of application

These T&Cs apply to the use of the services provided by solira GmbH, Untere Vogelsangstrasse 153, 8400 Winterthur (VAT ID CHE-271.958.403) in the telephone conference unit, offered under the label “Swiss Conferencing”. solira GmbH is hereinafter referred to as “Swiss Conferencing”.

These T&Cs form the exclusive basis for the use of these services; they are deemed automatically accepted upon first use of the service and may not be excluded or amended by the user.

 

2                Definitions

  • Users within the meaning of these T&Cs are customers who have registered on the Swiss Conferencing site (host) and have received the associated access code.

  • Participants are users of the telephone conference who have received the access code from the initiator (host) of the telephone conference and who are not a party to a contract with Swiss Conferencing.

  • Log-in details are the registration information which enables users to access their accounts.

  • Conference access details enable users and participants to take part in a telephone conference.

 

3                Subject-matter of the contract

Swiss Conferencing provides telephone conference services, which may be booked via Swiss-Conferencing.ch (or other web addresses such as Swiss-Conferencing.tech, Swiss-Conferencing.com, etc.). They enable communication and collaboration with multiple users or participants by phone or internet. Users have the option to record their telephone conferences. The data are stored on servers in Switzerland.

Users register by entering their e-mail address on Swiss Conferencing and receive a PIN by means of which telephone conferences can be set up. The user who initiates the telephone conference (host) may invite other participants to the call by providing the associated PIN and phone number.

 

4                Services and liability of Swiss Conferencing

4.1            Service limitation / Warranty

  • Swiss Conferencing is entitled at any time to cease service provision permanently or temporarily, without being liable to provide compensation.

  • Service provision by Swiss Conferencing is subject to the provision of internet and phone connections by third parties, particularly where the “participation via internet” option is used.

  • Swiss Conferencing is entitled to carry out maintenance and repair works at any time. This may result in temporary unavailability of the service.

 

4.2            Liability

To the extent permitted by law, Swiss Conferencing excludes all liability for direct and indirect damage, lost profits or loss of data. Likewise, Swiss Conferencing shall not be liable for damage arising from the unlawful use of its services or any use that is in breach of contract.

4.3            Force majeure

Swiss Conferencing does not accept any liability in cases in which service provision is entirely or partially impaired due to force majeure, loss of telecommunication connections, limited availability of essential technical systems or any other malfunction, unforeseeable events and official measures for which Swiss Conferencing is not responsible.

4.4            Limitations

No additional software is required. The necessary phone and internet lines, phone connections and internet access, and the terminals required to use the service are not covered by this agreement.

 

5                User obligations

5.1            Payment

Users are responsible for timely payment for the services provided.

5.2            Access details

  • Users shall keep the log-in details (passwords, PIN, etc.) which enable access to their accounts in a secure manner and shall not make them available to third parties.

  • Passwords must be changed immediately in the case of suspected misuse, and periodically at other times.

  • Users are responsible for the conference access details pertaining to their booked telephone conference and shall protect these data from unauthorised use by third parties.

  • In the event of suspected misuse by a third party, users shall immediately inform Swiss Conferencing and generate a new access code. Users are liable for the use of the service by any third parties who have gained possession of the access details for a particular telephone conference either illicitly or by being provided with the respective data.

5.3            Legal and contractual use

Customers are responsible for the content of information (language, screen contents, data of any kind) which they cause to be transmitted or processed by Swiss Conferencing or which they make available to third parties.

The user undertakes to refrain from committing any unlawful acts in the use of the services and to refrain from any other misuse of the services. The applicable data protection and data security provisions shall be observed.

 

Users shall inform all participants at the beginning of the telephone conference of any complete or partial recording of the telephone conference.

 

Both Swiss Conferencing and its suppliers shall be indemnified against any claims by third parties, which result from an unlawful use of telephone conferences by the user or which take place with the consent of the user or which are otherwise given rise to by the user, particularly due to disputes relating to data protection, copyright, or other laws and regulations.

 

6                        Formation of contract

6.1            Formation

The contract comes into effect automatically upon registration of the user on Swiss Conferencing. No further formalities are required.

6.2                  Exclusion

Swiss Conferencing is entitled to reject the user’s application for registration if the user supplies false or incorrect information or there is justified suspicion of misuse.

 

If the user breaches their obligations, Swiss Conferencing is entitled to cease service provision immediately, whether in whole or in part. Suspension of access, whether justified or unjustified, shall not give rise to any claims of the user against Swiss Conferencing.

6.3            Termination

As the service is charged on a pay-as-you-go basis, no declaration of termination is required from either the user or Swiss Conferencing. Inactive accounts (where no Swiss Conferencing services have been used for this time period) are deleted after 12 months. A new account may be registered if the services are required again.

 

7                        Service

7.1            Service amendments

Swiss Conferencing endeavours to continue improving its services offered to customers and is therefore entitled to change services, functions and user interfaces at any time without notifying the user.

7.2            Fees

For the use of the Swiss Conferencing services, user shall pay a fee in accordance with the fee and service specification on www.Swiss-Conferencing.ch. Swiss Conferencing reserves the right to adjust the fees at any time without notice. The published fees at the time of joining a telephone conference apply.

7.3            Invoicing

Invoices are issued monthly and sent electronically to the e-mail address provided upon registration. Users may also view invoices in the user portal. Users have no claim to the provision of paper invoices.

7.4            Calculation of fees

The fee for the use of the phone conference service is comprised of the bridging fees and, where the local dial-up numbers provided by Swiss Conferencing are used, the connection charges arising from the participant's use. (Intercity Access, ICA)

Call charges in centimes per minute vary between countries (according to the fee specification of Swiss Conferencing) and include the bridging costs. These fees are charged to the user (host); participants only pay the call charges to the selected dial-up location.

7.5            Method of payment

The user’s credit card provided upon registration shall be charged once a month in accordance with the services used. Users may also pay by monthly invoice and bank transfer. Users may select their preferred payment option in their accounts.

7.6            Payment default

If the user defaults on a payment obligation, Swiss Conferencing may exclude the user from the use of the services. The respective user remains under obligation to pay the outstanding amounts for any services already used.

 

Swiss Conferencing is entitled to transfer or assign contracts or resulting accounts receivables to third parties for debt collection purposes without the customer’s consent.

 

8                Data protection

Swiss Conferencing shall process personal data in accordance with applicable data protection laws and regulations.

 

Swiss Conferencing shall observe all applicable data protection provisions and put the required technical protective measures in place. Detailed information is available in the data protection declaration.

 

9                Data processing agreement

 

9.1            General

This agreement specifies the obligations of the parties with regard to data protection considerations, based on the provisions of the GDPR for data covered by the scope of applicability of the GDPR (“relevant data”).

For this purpose, the parties agree as follows.

This agreement is a supplement to the T&Cs of Swiss Conferencing.

9.2            Subject-matter, duration and type of data processing

Subject-matter

The subject-matter of this contract is constituted by telephone conference services of Swiss Conferencing, which are provided on www.Swiss-Conferencing.ch within the scope of the services and specifications offered by the contractor in accordance with the offer. Depending on the specific use of the services, some data processing is performed on behalf of the customer. This particularly applies where users record telephone conferences. Swiss Conferencing does not itself initiate any recording of telephone conferences.

The term “user” is hereinafter used to refer to the customer (controller) in accordance with GDPR. “Swiss Conferencing” is hereinafter deemed to refer to the contractor (the processor).

 

Duration of the contractual relationship with respect to data processing

The contract shall commence upon acceptance of the user’s registration application by Swiss Conferencing and the provision of an access code to use the services. The contract ends upon deletion of the account by the user or deletion of the account in the event of user inactivity. (see 6.3 Termination)

 

Type of data processing

The following categories of data are processed:

Contact details, payment details, data resulting from services used (CDR), particularly recordings of telephone conferences initiated by the user.

 

The following categories of data subjects are subject to processing:

Participants, users, suppliers, employees, business partners

 

9.3            Rights and obligations of the customer (user)

The user is responsible for the lawfulness of the data processing as such, including the permissibility of third-party/sub-contracted data processing. In its area of responsibility, it shall take the appropriate technical and organisational measures required to protect the relevant data.

The user shall promptly notify Swiss Conferencing if they become aware of any breach of data protection regulations in the services provided by Swiss Conferencing.

 

The user shall inform Swiss Conferencing of a contact person for data protection queries arising during the term of the contract.

 

These General Terms and Conditions are intended as instructions. In the context of use of the service, especially when recording conference calls, the user determines the type and scope of data processing. The starting and ending of the recording function are deemed an order to process data, and the associated instruction.

9.4            Rights and obligations of the contractor (Swiss Conferencing)

Swiss Conferencing shall process the relevant data exclusively in accordance with the provisions of the contract (T&Cs) and this agreement. This applies without prejudice to the performance of statutory, regulatory or official obligations by Swiss Conferencing.

 

Technical and organisational measures (TOM)

Swiss Conferencing shall take technical and organisational measures to protect personal data. The measures listed below are general specifications which may be adjusted by Swiss Conferencing at any time, provided the agreed level of protection is met.

Organisational measures:

  • Swiss Conferencing shall periodically monitor the internal processes and the technical and organisational measures to ensure that processing within its area of responsibility is in accordance with the requirements of applicable data protection laws and regulations and the protection of the rights of the data subject.

  • Swiss Conferencing shall ensure that the employees and other persons working for Swiss Conferencing are not permitted to process the relevant data outside the scope of the contract and of this agreement.

  • Swiss Conferencing shall ensure that the persons authorised to process the relevant data have undertaken a commitment to observe confidentiality and/or are subject to an adequate statutory duty of confidentiality. This duty of confidentiality/secrecy continues to apply after the termination of the contract.

  • Swiss Conferencing shall inform the user immediately in the event of any breaches of provisions regarding the protection of personal data by the contractor or by persons working for or employed by the contractor.

  • Swiss Conferencing shall inform the customer of a contact person for data protection queries arising in the course of the contract.

 

Technical measures:

  • Swiss Conferencing audits, assesses and evaluates possible risks with respect to confidentiality and the availability of relevant data in order to mitigate such risks by way of adequate protective measures.

  • System access control to data centres or premises on which relevant data are processed or stored is ensured by the sub-contractors (sub-processors).

  • Data access control to protected data is ensured by way of appropriate technical mechanisms based on roles in the organisation

  • The relevant data stored by Swiss Conferencing shall be returned or erased after the end of the contract, in accordance with the provisions of contract. The erasure of relevant data shall be undertaken using processes common in the industry.

  • Data collection is carried out at the user’s responsibility. The user is supported in the application through input control in order to ensure that contact details are correctly collected.

  • Assignment control: Swiss Conferencing shall select potential sub-suppliers with access to the data with care and shall obligate the suppliers to fulfil the relevant responsibilities for data protection.

  • Storage of data is carried out in data centres based in Switzerland which provide the necessary level of protection which ensures system stability.

  • Transport of data and access to data via the internet is encrypted.

9.5            Enquiries by data subjects

Where a participant or a third party approaches Swiss Conferencing with requests rectification, erasure or other requests concerning relevant data, Swiss Conferencing shall refer the customer to the user, to the extent feasible given the data provided by the data subject.

9.6            Evidence possibilities, reports and audits

In the event of justified suspicion regarding the processing of the data provided by the customer, the customer is entitled to obtain information which documents compliance with the agreed obligations. An application to view such documentation must be made in writing. All costs, including internal expenses of Swiss Conferencing, and all costs arising from contracted third parties, shall be borne by the requester (the user).

The user shall treat with secrecy all knowledge of business secrets and data security measures of the contractor of which they gain knowledge in the context of the audit.

9.7            Place of performance of data processing

Data processing activities and any storage of data shall take place exclusively in Switzerland. In the event of malfunction, a software specialist from Germany may be consulted, subject to compliance with the necessary technical and contractual protective measures.

9.8            Involvement of sub-processors

Swiss Conferencing shall inform the customer at this point about the currently contracted sub-processors. These may be changed by Swiss Conferencing at any time. When a new sub-processor is engaged or an existing sub-processor is exchanged, users are entitled to cease their use of the services of Swiss Conferencing and to delete their accounts.

 

 

Swiss Conferencing currently uses the following third-party processors:

  • Swisscom (Switzerland) Ltd, as service provider and operator of bridging services, for phone connections incl. international dial-up numbers, and services provided by the service office for support queries

  • hosttech GmbH, 8805 Richterswil, as hosting provider for the website and back-end systems

 

The contractor concludes the required agreements pursuant to Article 28 (4) GDPR with the sub-processors.

 

10            Final provisions

10.1          Assignment

The assignment of the agreement and/or of the rights and obligations resulting from this agreement requires the written consent of both parties. Swiss Conferencing may assign this agreement or the rights and obligations arising therefrom to another company without the consent of the user, provided this other company is directly or indirectly controlled by Swiss Conferencing.

10.2         Amendments of the T&Cs

Swiss Conferencing reserves the right to adjust the T&Cs at any time. By using the services of Swiss Conferencing, the customer automatically accepts the current T&Cs published on the website of Swiss Conferencing.

10.3         Place of jurisdiction

The contract is subject to Swiss law. The place of jurisdiction is the registered seat of solira GmbH.