search.ch

Terms and Conditions of Use for the Customer Center and Other Services

1. Contractual parties and applicability

1.1. Scope

Swisscom Directories AG (also “Provider” or “Directories”) is the provider of the services described on www.local.ch, search.ch and localsearch.ch which are made available to you on the websites www.local.ch, search.ch and localsearch.ch, www.localina.com or on subdomains such as localina.local.ch, on i.local.ch, tel.search.ch, map.search.ch, meteo.search.ch or on the Provider’s iPhone and Android applications (mobile apps) (collectively “other services”).

In this context, the Provider grants to the customer (hereinafter “the User” or “the Customer”, with references to the male gender also including the female) the non-exclusive right to use the “Customer Center” and other services.

By using the Customer Center and/or other services, the Customer acknowledges these Terms and Conditions of Use.

Each registration and each content input, each reservation, each award if ratings, etc. is considered use of the Customer Center and/or other services, whereby the User accepts the respective applicable Terms and Conditions of Use. The acceptance of these Terms and Conditions of Use, including the respective data protection guidelines in effect is a prerequisite for permission to use the services.

1.2. Notice

The use of all websites and services offered by the Provider and partners is subject to the terms and conditions specified therein and is not an integral part of these Terms and Conditions of Use. The use of linked third-party websites may be subject to each of these third-party operators’ own relevant terms and conditions.

Furthermore, the respective relevant contractual provisions shall apply regarding the modification of the User’s content within the scope of the use of the Provider’s services and products, unless explicitly provided otherwise below.

2. Directories services

2.1. General

Alongside the Customer Center, Directories makes various other services available to the User. The Customer Center and other services may at any time be modified, expanded, or deactivated with respect to content and form. Directories may at any time engage third parties in the provision of services.

The Provider may configure individual services or the publication of individual content as a fee-based service.

2.2. Registration

Registration and/or the creation of a so-called user account is required for the use of the Customer Center and other services. Registration is only permitted for users aged 18 and over who are fully competent. Users log into the user account with the access data provided on registration (such as user name/password) or via a third-party platform or identity provider chosen by the User. Logging into the user account using access data and logging in via an identity provider are accorded equal status. The Provider is entitled to cancel the User’s user account at any time without providing reasons therefor.

The User is obliged to truthfully and completely provide the required information when registering and to make any changes to the registration data in a timely manner, should such information no longer be up to date. The User is solely responsible for the content of his registration and thus for the personal information he provides.

Directories takes measures to prevent the use of this information resulting from unauthorised third-party incursions. However, there is no such thing as absolute protection. The Provider cannot be held liable for the consequences of unauthorised access (Data protection, see Section 5).

On accessing the Customer Center and other services and on registration, personal data is stored, for example, user name, e-mail address, telephone number, log files, location, movement data etc. If logging in via an identity provider, records may be kept by the identity provider in question during this procedure.

Additionally, the web servers of the Provider’s hosting partner and the Google Analytics program developed by Google further register non-personal use data, which is used by the Provider for statistical and optimisation purposes (Opting-out, see Section 6).

2.3. Saving and publishing of content in directories

The Provider offers the User different options in the Customer Center for inputting and modifying his directory entry in various sections of www.local.ch, search.ch or of the Provider’s products and, where applicable, for inputting his own content, such as images, text, videos, website references, classified ads, or other multimedia files as a complement to the directory entry.

The User expressly declares his agreement with the activation and publication of his content on www.local.ch, search.ch and the other services, and in the Provider’s print media.

Moreover, the user acknowledges that the Telecommunications Act (TCA; Fernmeldegesetz: FMG) prescribes that the telecommunications service provider (TSP), pursuant to Art. 12d and 21 TCA as well as Art. 31 OTS [Ordinance on Telecommunications Services; Verordnung über Fernmeldedienste: FDV] and the TAV (technical and administrative regulations of the Federal Office of Communications), must keep a register of its subscribers. To comply with this obligation, TSPs may engage third parties (Art. 31 para. 3 TCA). The Provider has entered into such a contractual relationship with most TSPs. Customer data of the TSP is thus disclosed to the Provider in order to fulfil the legal mandate. In complying with the legal mandate, the Provider creates a directory entry (known as a regulated entry) and makes it available to authorised recipients in accordance with the TCA, provided the Customer has not expressed the wish to the TSP or to Directories not to appear in those directories (liste noire or black list).

In the event that content concerns the regulated entry, Directories reserves the right to verify that the content complies with the conditions for entry and the applicable legal provisions, to correct it and, if necessary, to reject changes made by the Customer.

In the event that content does not concern the regulated entry, Directories is not obliged to activate and publish the content. Directories is free to remove such content from its websites at any time without providing reasons therefor.

3. User obligations

3.1 General responsibility of the Customer / protection of access data

The User agrees to use the Customer Center and the other services provided by Directories in a non-abusive manner and to refrain from illegal activity. In particular, no data may be entered into the system that contains a computer virus, and the services may not be used in a manner that negatively impacts the availability of these services to other users.

The Provider determines the type of access protection used. It is not obliged to verify the information on the users’ identity. It may deem any access with the correct access data (user name/password) or access authenticated via an identity provider as authorised access. To the same extent, it is not obliged to take any copy-protection measures. The User thus undertakes to treat his access data confidentially and with all due care.

Moreover, the Customer undertakes to protect his passwords and identification keys from misuse and is liable to the Provider for any harm incurred by the latter resulting from the Customer’s misuse.

In the event of misuse of access data or damages which are incurred as a result of wrongful access to the Customer Center and the use of other services, the Provider cannot be held liable. If the User observes illegal offers or other misuse on the Provider’s websites or on other services, he shall immediately notify Directories.

The User consents to the delivery of information by e-mail newsletter or push notifications. The Customer may cancel this newsletter at any time.

3.2. User’s responsibility for content

The User undertakes to refrain from violating statutory provisions of Swiss law or applicable foreign regulations with respect to the content posted or published by him in the Customer Center or in the other services. In particular, the User undertakes not to post or publish content that violates personality or competition rights, is defamatory or racist, promotes violence, or is threatening, pornographic, or obscene; he also undertakes to safeguard the copyright of third parties. Directories has the right to block, delete, or decline to activate any content that violates these rules immediately and without notification. In this event, Directories reserves the right to bar the User from adding further content.

The Provider assumes no obligation to verify content and declines any liability in this respect. The Customer shall fully indemnify the Provider against any claims that may be asserted against the Provider. The Customer expressly declares and warrants that he will respect the rights of third parties, in particular company-name, copyright, and trademark rights. He is cognisant of the fact that third-party rights in images, graphics, data, audio documents, programs or parts thereof, etc. are generally in existence and declares that he has obtained the necessary rights of use in advance.

The User acknowledges that the remaining content and information (addresses, URLs, logos, images, texts, multimedia content etc.) on the websites and mobile apps operated by the Provider are legally protected and/or affect the rights of third parties.

4. Data timeliness

The Provider endeavours to use current and correct data.

The User acknowledges that the data may contain errors or incomplete information as a result of technical or other factors. Directories cannot be held liable for any errors or consequences resulting therefrom.

5. Data protection

The protection of data and personality rights is a major concern for us.

On visiting Swisscom Directories AG websites and mobile apps or in using services, a variety of customer data can accumulate, which Swisscom Directories AG captures and stores, such as:

  • Customer data disclosed by customers on registering for a service (e.g. personal data and service-specific settings). Customers can check this data and modify it if necessary in the Customer Center at any time.
  • Customer data gathered during use (e.g. information on the length and frequency of use of a service, metadata etc.).
  • Customer data gathered during use of individual Swisscom Directories AG websites and mobile apps (e.g. pages visited by the Customer, customer reaction to offers from Swisscom Directories AG and/or third parties which are displayed on Swisscom Directories AG websites, etc.).
  • Non-personal data gathered on the basis of technical processes during the use of Swisscom Directories AG websites and mobile apps, and internet protocol addresses (IP addresses).
  • Personal and other data disclosed by the Customer through participation in competitions, surveys and the like on Swisscom Directories AG websites and mobile apps.
  • Customer reactions to the offers presented to them by e-mail, letter, phone or in the Customer Centre.
  • User-specific movement and location data; to enable Swisscom Directories AG to enhance the use of the application by providing the User with relevant and contextual content or to give the User personal recommendations; please note that the User can change the privacy settings of his device at any time, in order to turn off the functionality to share location information with the application. Turning off location sharing may affect certain features of the service.

Swisscom Directories AG and/or third-party providers may forward the Customer’s data to group and partner companies of Swisscom Directories AG and/or of the third-party provider and to outsourced data processors domestically and abroad, for instance in performance of their contractual obligations, to manage and develop customer relations, for billing purposes and also to present customized offers from Swisscom Directories AG and/or partner companies as well as for internal purposes by third parties.

The legislation in the country of the recipient does not in all cases provide protection for the processing of data equivalent to that of Switzerland.

6. Cookies / Google Analytics

Cookies are used to manage the services provided on Swisscom Directories AG websites and mobile apps. A cookie recognises a User, thus enabling information to be provided to the User in a more user-friendly manner.

Additionally, this website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics also uses cookies that are saved on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the United States and saved there. If IP anonymisation is activated on this website, your IP address will, however, first be truncated by Google within the member states of the European Union or in other states that are signatories to the Agreement on the European Economic Area. Only in exceptional cases will the IP address be transmitted to a Google server in the United States and truncated there. At the request of Swisscom Directories AG, Google will use this information to analyse your use of the website, to compile reports on website activities, and to provide the website operator with additional services associated with use of the website and internet; the IP address transmitted under Google Analytics by your browser will not be combined with other Google data.

Lastly, the Google Analytics functions for display advertising (AdSense), remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager or Google Analytics reports and tools of 1plusX AG are implemented on the Swisscom Directories AG websites and mobile apps.

You may prevent cookies from being saved through a corresponding setting in your browser; we point out, however, that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent the data generated by the cookie relating to your use of the website (incl. your IP address) from being recorded by Google, and prevent such data from being processed by Google by downloading and installing the browser plugin which is available at the following link: http://tools.google.com/dlpage/gaoptout.

The Ad Settings Manager enables you to opt out of Google Analytics for display advertising: https://www.google.com/settings/ads/onweb. You can use the following link to permanently deactivate the DoubleClick by Google cookie: http://goo.gl/p7Jn86.

7. Availability, warranty and liability

Directories endeavours to ensure a high level of availability of the Customer Center and services offered. However, Directories cannot guarantee that these will function free of interruptions and malfunctions. The Provider will rectify technical malfunctions that are within its sphere of control within a reasonable time. The Provider does not guarantee the availability of technical support, but nonetheless endeavours to make such available. To the extent permitted by law, any further liability of Directories to the User or third parties is excluded. The Provider is thus liable exclusively for intentional or grossly negligent conduct.

The User acknowledges in particular that Directories is not liable for content published on Directories by other users or for the content of other websites and mobile apps that are referenced by Directories.

To the same extent, the Provider is not liable for any third-party operations, such as restaurants, in connection with the use of the other services such as online reservations services, changes to the service, long-term or temporary non-availability, or non-availability or incorrect availability of the booked services.

The User shall hold Directories harmless against any and all third-party claims arising from his misuse of Directories data or services or from content published by him.

8. Language of the Terms and Conditions of Use for the Customer Center

Directories provides translations of the Terms and Conditions of Use in French, Italian and English to the User. By accepting the Terms and Conditions of Use in one of these languages, the User acknowledges that the translations are meant for his understanding and that the German version of the Terms and Conditions of Use govern the relationship between the User and the Provider.

In the event of contradictions between a non-German version and the German version of the Terms and Conditions of Use, the German version takes precedence.

9. Final provisions

Directories may amend these Terms and Conditions of Use at any time. The amendments take effect from the time of their publication, but no later than at the time of the first login by the User following the amendment of the Terms and Conditions of Use for the Customer Center or the use of the other services. The Customer may view the current version under www.local.ch or order a copy from the Provider.

Failure to comply with the Terms and Conditions of Use may lead to the blocking of a user’s access to the Customer Center and other services.

Should one or more provisions be void or ineffective, the binding effect of the remaining provisions remains unaffected thereby.

Swiss law is applicable to the contractual relationship, whereby the substantive rules with respect to conflicts of laws as well as the provisions of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11.04.1980) are excluded.

The place of jurisdiction is that of the registered office of Swisscom Directories AG (Zurich).

Swisscom Directories AG, December 2016