Terms and Conditions


Welcome to smellcells.com!

By accessing this website we assume you accept these terms and conditions. Do not continue to use smellcells.com if you do not agree to take all of the terms and conditions stated on this page.  

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We employ the use of cookies. By accessing softhealer.com, you agreed to use cookies in agreement with the Softhealer Technologies's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Unless otherwise stated, Softhealer Technologies and/or its licensors own the intellectual property rights for all material on softhealer.com. All intellectual property rights are reserved. You may access this from softhealer.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from softhealer.com
  • Sell, rent or sub-license material from softhealer.com
  • Reproduce, duplicate or copy material from softhealer.com
  • Redistribute content from softhealer.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Softhealer Technologies does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Softhealer Technologies,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Softhealer Technologies shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Softhealer Technologies reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Softhealer Technologies a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Softhealer Technologies; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Softhealer Technologies. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Softhealer Technologies's logo or other artwork will be allowed for linking absent a trademark license agreement.

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Please read Privacy Policy

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We employ the use of cookies. By accessing smellcells.com, you agree to use cookies in agreement with the SmellCells' Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Unless otherwise stated, SmellCells owns the intellectual property rights for all material on smellcells.com. All intellectual property rights are reserved. You may access this from smellcells.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from smellcells.com
  • Sell, rent or sub-license material from smellcells.com
  • Reproduce, duplicate or copy material from smellcells.com
  • Redistribute content from smellcells.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SmellCells does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SmellCells, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SmellCells shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SmellCells reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SmellCells a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SmellCells; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SmellCells. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of the SmellCells logo or other artwork will be allowed for linking absent a trademark license agreement.

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

The website of SmellCells AG (hereinafter referred to as "SmellCells") is subject to Swiss data protection law, in particular pursuant to the Swiss Federal Act on Data Protection (DSG), as well as any applicable foreign data protection law, such as the General Data Protection Regulation (GDPR) of the European Union (EU). The EU recognizes that Swiss data protection law ensures adequate data protection.

Access to our website is via transport encryption (SSL/TLS).

We appreciate your interest in our company. Data protection has a particularly high priority for us. The use of the Internet pages of SmellCells is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the legal requirements concerning data protection. By means of this data protection declaration, our enterprise would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, SmellCells has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transfers can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. name and address of the person responsible
The responsible party within the meaning of the law (hereinafter referred to as the "operator") is:

SmellCells AG
Zugerstrasse 8a
CH-6340 Baar
Tel.:+41 41 440 42 42
E-Mail: data protection[at]smellcells.com

1.1 Contact details for data protection queries

For inquiries regarding data protection, please contact:

Jürg Keller
Tel.:+41 41 440 42 42
E-Mail: data protection[at]smellcells.com


1.2 Contact details EU data protection representative

We have a data protection representative in the EU as a point of contact for supervisory authorities and data subjects for all questions related to EU data protection law, who can also be contacted by e-mail or regular mail:

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany
info@datenschutzpartner.eu


2 General information on data processing

When you visit our website, we initially only collect and use the data listed in section 3. In addition, we process personal data of our users in principle only to the extent necessary to provide a functional website of our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.

2.2 Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 (1) lit. a EU General Data Protection Regulation (DSGVO) serves as the legal basis for the processing of personal data.
 In the case of processing of personal data that is necessary for the performance of a contract to which the data subject is a party, the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 (1) lit. b DSGVO shall serve as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 (1) lit. c DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, the Federal Data Protection Act (DSG) or, if and insofar as applicable, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

2.3 Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Blocking or deletion of data will also take place if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

3 Provision of the website and creation of log files

3.1 Description, purpose and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected in this context:
Information about the browser type and the version used.
The operating system of the user
The IP address of the user
Date and time of access
Websites from which the user's system accesses our website
Websites that are accessed by the user's system via our website

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user arrives at the website or the link to the website to which the user goes contains personal data.

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.


3.2 Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 (1) lit. f DSGVO.

3.3 Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

3.4 Possibility of objection and elimination
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

4. use of cookies
These web pages use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4.1 Description, purpose and scope of data processing

Our website uses cookies. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly.
The user data collected through technically necessary cookies are not used to create user profiles.
We also use cookies on our website that enable an analysis of the user's surfing behavior.

In this way, the following data can be transmitted:
Search terms entered
Frequency of page views
Use of website functions

The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

4.2 Legal basis for data processing
The legal basis for the processing of personal data using cookies is the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 (1) lit. f DSGVO.

4.3 Duration of storage, possibility of objection and elimination
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

5. newsletter

5.1 Description, purpose and scope of data processing
The newsletter is sent based on a registration of the user on the website or from an existing customer relationship in connection with the sale of goods or services.
On our website there is the possibility to subscribe to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us.
With the registration, the following information is collected: Salutation, first name, last name and e-mail address of the user.

In addition, the following data is collected during registration, which serves to prevent misuse of the services or the e-mail address used or to be able to prove your consent:
IP address of the calling computer
Date and time of registration

For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy.
The newsletter dispatch is also based on the sale of goods or services.

If you purchase goods or services on our website and deposit your e-mail address in the process, this may subsequently be used by us to send a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.

No data will be passed on to third parties in connection with the processing of data for the dispatch of newsletters. The data is used exclusively for sending the newsletter.

5.2 Legal basis for data processing
The newsletter dispatch is based on the user's registration on the website.

The legal basis for the processing of data after registration for the newsletter by the user is, if the user has given his consent, the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 (1) lit. a DSGVO.

The legal basis for sending the newsletter as a result of the sale of goods or services is the Federal Data Protection Act (DPA) as well as Swiss legislation in the area of UWG or, if and to the extent applicable, Section 7 (3) UWG in conjunction with. Art. 6 para. 1 lit. f DSGVO.

5.3 Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user's e-mail address is stored for as long as the subscription to the newsletter is active.

5.4 Possibility of objection and removal
The subscription to the newsletter can be cancelled by the affected user at any time. For this purpose, a corresponding link can be found in each newsletter.

5.5 Service providers used for newsletter dispatch
This website uses MailChimp to send newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. MailChimp is a service with which, among other things, the newsletter dispatch can be organized and analyzed. The data you
enter to receive the newsletter (e.g. e-mail address) is stored on MailChimp's servers in the USA.

MailChimp has a certification according to the 'Swiss-US Privacy Shield' as well as the 'EU-US Privacy Shield'. The 'Privacy Shield' is an agreement between Switzerland or the European Union (EU) and the USA, which is intended to ensure compliance with Swiss and European data protection standards in the USA.

With the help of MailChimp, we can analyze our newsletter campaigns. When you open an email sent with MailChimp, a file contained in the email (so-called web beacon) connects to MailChimp's servers in the USA. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. It is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
 If you do not want any analysis by MailChimp, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. Furthermore, you can also unsubscribe from the newsletter directly on the website.

The data processing is based on your consent (Federal Data Protection Act [DSG] or, if and insofar as applicable, Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time with effect for the future by unsubscribing from the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.
 The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of MailChimp after you unsubscribe from the newsletter. Data that has been stored by us for other purposes remains unaffected by this.

For more details, please refer to the privacy policy of MailChimp at: https://mailchimp.com/legal/terms/ .

We have concluded a so-called 'Data Processing Agreement' with MailChimp, in which we oblige MailChimp to protect our customers' data and not to pass it on to third parties. This agreement can be viewed at the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/ .


6 Contact forms and e-mail contact

6.1 Description, purpose and scope of data processing
Contact forms are available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

Salutation
First name, last name
Company/school/institution (optional)
Telephone number
E-mail address
Location
Type of request
Serial number of affected device
Message

At the time the message is sent, the following data is also stored:
The IP address of the user
Date and time of registration
The processing of personal data from the input mask is used to process the contact and to inform users about our range of goods and services.

The other personal data processed during transmission serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

In this context, the data is not passed on to third parties.

6.2 Legal basis for data processing
The legal basis for the processing of data is the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 para. 1 lit. a DSGVO, if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is the Federal Act on Data Protection (DSG) or, if and insofar as applicable, Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is the Federal Data Protection Act (DSG) or, if and to the extent applicable, Art. 6 para. 1 lit. b DSGVO.

6.3 Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.

6.4 Possibility of objection and removal
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail (contact form), he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued and the revocation must be made by telephone.

All personal data stored in the course of contacting us will be deleted in this case.

7. rights of the data subject
If personal data is processed by you, you are a "data subject" within the meaning of the Federal Data Protection Act (DSG) or, if and to the extent applicable, the DSGVO and you are entitled to the following rights against us as the controller. You can make use of your rights by contacting us stating your request.

7.1 Right of access
Any person affected by the processing of personal data has the right to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her, as well as a copy of such data.
You may request confirmation from the controller as to whether personal data concerning you are being processed by us.

7.2 Right to rectification
Every person affected by the processing of personal data has the right to demand the immediate rectification of incorrect personal data concerning him or her. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration.

7.3 Right to restriction of processing
Any person affected by the processing of personal data has, if and to the extent applicable, the right to demand from the controller the restriction of the processing if one of the conditions provided by the legislator in the Federal Data Protection Act (DSG) or, if and to the extent applicable, in Article 18 (1) DSGVO is met.

7.4 Right to erasure
Any person affected by the processing of personal data has the right to demand from the controller that the personal data concerning him or her be erased without undue delay, provided that one of the grounds specified in the Federal Data Protection Act (FADP) or, if and to the extent applicable, in Article 17(1) of the GDPR applies.

7.5 Right to data portability
Every person affected by the processing of personal data has the right to receive the personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to the Federal Data Protection Act (FADP) or, if and to the extent applicable, Art. 6(1)(a) FADP or Art. 9(2)(a) FADP or on a contract pursuant to Art. 6(1)(b) FADP and the processing is carried out with the aid of automated procedures.

7.6 Right of objection
Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of the Federal Data Protection Act (FADP) or, if and to the extent applicable, of Art. 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

The company shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.
If the company processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

7.7 Right to revoke the declaration of consent under data protection law
Every person affected by the processing of personal data has the right to revoke consent to the processing of personal data at any time.

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

7.8 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the Federal Data Protection Act (DPA) or, if and to the extent applicable, the GDPR.

8. data protection provisions on the use and application of Google Analytics.
The controller has integrated the Google Analytics component on this website. Google Analytics uses cookies and generally stores them outside the EU/EFTA area. Google uses this information to evaluate the use of the website for SmellCells AG and to compile reports on website activity and internet usage. Furthermore, Google transfers this information to third parties according to its own information, insofar as this is required by law or insofar as third parties process this data on behalf of Google. The IP address transmitted by the browser as part of Google Analytics is not merged with other data from Google. Users can prevent the storage of cookies (see "Cookies" above). Users can also prevent the transmission of the data generated by the cookie and related to their use of the website (including IP address) to Google and the process ing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

9. privacy policy on the use and application of Google AdWords
On our website, Google AdWords, an analysis service from Google, is used and, within the framework of Google AdWords, conversion tracking. Google AdWords places a cookie for conversion tracking on your computer's hard drive (a so-called "conversion cookie") when you click on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages on our website, Google and we can recognize that you clicked on the ad and were redirected to this page.

The information obtained with the help of conversion cookies is used to create statistics for AdWords customers who use conversion tracking. Through these statistics, we learn the total number of users who clicked on the ad placed by Google and visited a page tagged with a conversion tracking tag.

In addition to conversion tracking, we also use the following functions Remarketing target groups with common interests

custom audiences with common interestsready-to-buy target groupsimilar target groups demographic and geographic targeting.

With Google's remarketing function, we reach users who have already visited our website. This allows us to present our advertising to target groups that are already interested in our products or services. AdWords also uses user behavior on websites in the Google advertising network ("display network") over the last 30 days and the contextual search engine to determine the common interests and characteristics of users of our website. Based on this information, AdWords then finds new potential customers for marketing purposes whose interests and characteristics are similar to those of the users of our website. The target group-specific remarketing is carried out through the combined use of cookies, such as Google Analytics cookies and Google DoubleClick cookies.

For more information about Google AdWords terms of use and privacy, please see the following link:  http://www.google.de/policies/technologies/ads .

10. privacy policy on the use and application of Facebook
So-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"), are used on our website. The plugins are marked with a Facebook logo or the addition "Social Plug-in from Facebook" or "Facebook Social Plugin".

You can find an overview of the Facebook plugins and their appearance here: https://developers.facebook.com/docs/plugins

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to Facebook's servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook profile. If you interact with the plugins, for example by clicking the "Like" button or posting a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, can be found in Facebook's privacy policy: http://www.facebook.com/policy.php.

If you do not want Facebook to directly assign the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of Facebook plugins with add-ons for your browser, e.g.

for Mozilla Firefox:
https://addons.mozilla.org/de/firefox/addon/facebook-blocker/for Opera:

https://addons.opera.com/de/extensions/details/facebook-blocker/?display=en

for Chrome:
https://chrome.google.com/webstore/detail/facebookblocker/chlhacbfddknadmnmjmkdobipdpjakmc?hl=de

11. privacy policy on the use and application of Twitter
Our website uses so-called social plugins ("plugins") of the microblogging service Twitter, which is operated by Twitter Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plugins are marked with a Twitter logo, for example in the form of a blue "Twitter bird". An overview of the Twitter plugins and their appearance can be found here: https://about.twitter.com/en_us/company/brand-resources.html.

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Twitter. The content of the plugin is transmitted by Twitter directly to your browser and integrated into the page. Through the integration, Twitter receives the information that your browser has called up the corresponding page of our website, even if you do not have a profile on Twitter or are not currently logged in to Twitter. This information (including your IP address) is transmitted by your browser directly to a Twitter server in the USA and stored there.
If you are logged in to Twitter, Twitter can directly assign your visit to our website to your Twitter account. If you interact with the plugins, for example by clicking the "Tweet" button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and displayed there to your contacts.

The purpose and scope of the data collection and the further processing and use of the data by Twitter, as well as your rights in this regard and setting options for protecting your privacy, can be found in Twitter's privacy policy: https://twitter.com/privacy.

If you do not want Twitter to assign the data collected via our website directly to your Twitter account, you must log out of Twitter before visiting our website. You can also completely prevent the loading of Twitter plugins with add-ons for your browser, for example, with the script blocker "NoScript" ( http://noscript.net/ ).

12. privacy policy on the use and application of YouTube
So-called social plugins ("plugins") from YouTube are integrated on our website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and TV shows, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

By each call of one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. Within the scope of this technical procedure, YouTube and Google receive knowledge of which specific sub-page of our website is visited by the data subject.

If the data subject is logged into YouTube at the same time, YouTube recognizes which specific sub-page of our website the data subject is visiting by calling up a sub-page that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of calling up our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.

The privacy policy published by YouTube, which is available at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

13. data protection provisions on the use and application of Google+.
Our website uses so-called social plugins ("plugins") of the social network Google+, which is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). The plugins are recognizable, for example, by buttons with the sign "+1" on a white or colored background. You can find an overview of the Google plugins and their appearance here: https://developers.google.com/+/plugins.

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to Google's servers. The content of the plugin is transmitted by Google directly to your browser and integrated into the page. Through the integration, Google receives the information that your browser has accessed the corresponding page of our website, even if you do not have a profile on Google+ or are not currently logged in to Google+. This information (including your IP address) is transmitted by your browser directly to a Google server in the USA and stored there.

If you are logged into Google+, Google can directly assign your visit to our website to your Google+ profile. If you interact with the plugins, for example by clicking the "+1" button, the corresponding information is also transmitted directly to a Google server and stored there. The information is also published on Google+ and displayed there to your contacts.

For the purpose and scope of the data collection and the further processing and use of the data by Google, as well as your rights in this regard and setting options for protecting your privacy, please refer to Google's privacy policy: http://www.google.com/intl/de/+/policy/+1button.html.

If you do not want Google to assign the data collected via our website directly to your profile on Google+, you must log out of Google+ before visiting our website. You can also completely prevent the loading of Google plugins with add-ons for your browser, for example, with the script blocker "NoScript" ( http://noscript.net/ ).

14. privacy policy on the use and application of Google Maps
The map service Google Maps is used on our website via an API (programming interface). The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The operator of this site has no further influence on this data transmission.

The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

You can find more information about data protection at Google under the following link:  https://www.google.de/intl/de/policies/privacy/


15. privacy policy on the use and application of Disqus
On our website, the discussion network Disqus is used within the framework of the blog. The provider is Disqus Inc, 717 Market Street, Suite 700, San Francisco, CA 94105, USA.

To use the functions of Disqus, it is necessary to store your IP address. This information is transmitted to a Disqus server in the USA and stored there. The operator of this site has no further influence on this data transmission.
Disqus is used in the interest of providing a comment function. This represents a legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO.

More information on data protection at Disqus can be found at the following link:  https://help.disqus.com/terms-and-policies/disqus-privacy-policy .


We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

If you find any link on our Website to be offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Site owner

SmellCells AG
Zugerstrasse 8a
6340 Baar
Switzerland

Responsible
Jürg Keller, CTO


Contact information
Tel: +41 41 440 42 42
Web: www.smellcells.com
Mail: info[at]smellcells.com

Information on the website
SmellCells AG provides information on its website. No responsibility is taken for the topicality, completeness or correctness of the information contained on the website. Furthermore, the information contained on the SmellCells AG website is subject to change at any time. The use of the information is at the risk of the visitor.

Disclaimer
SmellCells AG excludes any liability for damages caused by the use or non-use of the information on this website or by accessing the website. This also applies to damages resulting from intentional or unintentional calling of websites and/or applications linked to this website, as well as the use of information from the same.

Copyright
All elements used by SmellCells AG on its website, such as texts, photos, graphics and other elements are protected by copyright and, if applicable, trademark law. The copyright lies partly with SmellCells AG itself and partly with third parties who have permitted the use of these elements by SmellCells AG. The use of these protected contents in any form by unauthorized third parties is prohibited without the express consent of SmellCells AG or any other rights holder. Misuse of such rights will result in damages and license fees.

Changes
SmellCells AG reserves the right to change this website at any time without comment.