Purpose
This policy applies to all processing of personal data carried out by Noctis SA and aims to inform users about how Noctis SA
processes personal data (including details on the type of personal data collected and the purpose of the processing) and about users’ rights in relation to their personal data.
How can I get in touch?
If you have any questions about the privacy policy, you can contact Noctis SA by the following means:
The head office is located at: Av. de Rhodanie 46A, 1007 Lausanne, Switzerland
The contact telephone number is: 076 326 69 84
Users can communicate directly and effectively with Noctis SA in writing by sending a letter to the above address or by sending an email to: info@46a.ch. In addition, the details of the data controller responsible for your personal data are provided below:
Name: Noctis SA
Identity of the controller: Noctis SA
Address: Av. de Rhodanie 46A, 1007 Lausanne, Switzerland
Email: info@46a.ch
Identification of processing: How do we collect personal data?
In accordance with current regulations on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, the “GDPR”),
Noctis SA collects the personal data in its possession when the user:
(i). Fills in the forms on www.46a.ch (“Website”);
(ii). Subscribes to the newsletter;
(iii). Responds to a survey or fills in an online form;
(iv). Fills in a printed form;
(v). Sends an email or communicates by telephone, which are then uploaded to the corresponding forms;
Personal data collected: What personal data do we collect?
Noctis SA collects information when you visit its website, mainly when you fill out its registration forms.
The following data is collected: full name, email address, phone number, and address.
As a general rule, when personal data is required to use a service or access certain content, its provision will not be mandatory, except in cases where it is specifically indicated that it is required for the provision of the service. In this case, the user is free to choose not to register and/or not to contract the services.
The user declares and guarantees that all data provided by them is true and accurate and undertakes to keep it up to date. Changes may be communicated to the Data Protection Officer or to the address indicated in paragraph 2 above.
Similarly, the user acknowledges that the data requested by Noctis SA is necessary, adequate, and not excessive for the purposes set out in paragraph 5 above, which would be impossible to achieve if such data were not provided.
Any false or inaccurate statements resulting from the information and data provided, as well as any damage that such information may cause, shall be the responsibility of the user.
Purpose: What is the purpose of the personal data we collect?
The personal data requested from the user will be used for the following purposes:
In the case of a contract for services offered on the website, to create and maintain the commercial relationship and to carry out the activities and provide the services of Noctis SA (including, without limitation, the management, administration, provision, and improvement of services).
To send newsletters, as well as commercial communications, promotions, and/or advertisements from Noctis SA, either occasionally or periodically. Consequently, the email address provided by the user when completing the form on the website may be used to send information and updates on the request for services, as well as news about Noctis SA (either occasionally or periodically), updates, information on related products or services, among other things. This processing is based on our legitimate interest in promoting our products and services.
Conducting a survey or organizing a contest.
Personalizing the user experience, increasing our ability to respond to their needs.
Improving the website and the service offering of Noctis SA, based on the legitimate interest of Noctis SA in constantly improving its products and services.
Process transactions and comply with the legal obligations to which Noctis SA is subject, such as tax obligations. The data submitted for processing will not be used for purposes other than those mentioned above and for which it was collected. Notwithstanding the foregoing, it is specified that the data recorded may be used, in addition to the purposes for which it was expressly collected, for statistical, incident management, or market research purposes. However, in the event of personal data being processed for purposes other than those initially specified when the data was collected, a compatibility analysis will be carried out by Noctis SA in accordance with applicable regulations. Processing will only be authorized if the initial purpose is compatible with the new purpose or authorized in accordance with an independent legal basis.In such cases, the user will be informed of any changes to the purpose or legal basis for the processing of their data. We remind the user that they may object to the sending of commercial communications (unsubscribe) and no longer receive emails from Noctis SA by reliably informing Noctis SA, which will proceed with the interruption as soon as possible after receiving such communication. To do so, they may send an email to the address indicated in section 2, a letter to the address indicated in section 2 above, or follow the unsubscribe instructions detailed at the end of each email from Noctis SA.
How do we use your information?
We will use the information we collect about you for the following purposes:
Administrative information
Targeted advertising
If we want to use your information for other purposes, we will ask for your consent and will only use your information once you have given your consent and only for the purpose(s) for which you have given your consent, unless we are required to do otherwise by law.
We will retain your personal information with us for an indefinite period after user accounts are no longer active or for as long as necessary to fulfill the purposes for which it was collected, as outlined in this privacy policy.
Consent
By providing personal data to Noctis SA, the user declares that they accept its processing fully and without reservation by Noctis SA. The user hereby grants their free, express, and informed consent to Noctis SA to use the data collected for the purposes indicated in section 5 above, as well as its incorporation into a Noctis SA database.
Noctis SA processes the user’s data legitimately for the following purposes: (i) the conclusion of a service contract with Noctis SA by the user, in accordance with the terms and conditions that are made available to the user at the end of the service request form (prior to any hiring) and which the user (after reading them) may accept, if they agree, by checking the box included for this purpose; and (ii) the free, informed, and unequivocal consent of the user, given after reviewing this privacy policy where Noctis SA informs the user of the processing it will carry out with their data, and if the user agrees, by checking the box included for this purpose in the service request form. The processing of data that is not covered by any of the legal bases indicated above will be carried out if Noctis SA deems it necessary to protect a legitimate interest and only if it does not affect the fundamental rights and freedoms of the user.
Expiration: How long do we keep them?
The data will be destroyed or archived when it is no longer strictly necessary or relevant for the purposes detailed in section 5 above. In particular, personal data will be kept for as long as the commercial relationship is in force (and to the extent that the user has not previously requested its deletion) and for the period during which obligations, indemnities, and/or liabilities may arise in connection with the commercial relationship or for the services provided. Noctis SA informs that it will retain the information essential to identify the origin of the data stored for the duration of the customer relationship with Noctis SA and/or the revocation of the user’s consent in accordance with the information contained in section 5 of this privacy policy and/or the period required by applicable law.
Confidentiality / Assignment / International Transfer: Do we disclose data to third parties?
Noctis SA will keep the personal data collected private and confidential and will not use it for any purpose other than those set out in section 5 above. Noctis SA requires its employees and third parties who provide services that access the content of databases to sign confidentiality and personal data processing agreements (or includes such obligations in the service agreements it signs with such providers, as indicated in the following paragraph).
The user’s personal data collected by Noctis SA will not be transferred, sold, exchanged, transmitted, and/or communicated to third parties outside Noctis SA without the user’s consent, except where legally required and/or for the purpose of providing services to the user. This does not include certain employees and service providers who enable Noctis SA to maintain the site in operation, comply with the purposes set out in section 5 above, and/or provide services to the user, who have assumed the obligation to maintain the confidentiality of the data provided and undertake to comply with applicable regulations on the protection of personal data at the time of hiring. Contracts with service providers stipulate the purpose, scope, content, duration, nature, and purpose of data processing, the type of personal data, the categories of data owners, and the obligations and responsibilities of Noctis SA and contractual third parties.
In particular: Noctis SA may share the personal information provided with control companies, subsidiaries, affiliates, related companies, and/or intermediaries linked to Noctis SA.
Noctis SA may share certain personal information provided by the user internally within Noctis SA, with certain departments, such as administration, marketing, or IT.
**- In certain cases, Noctis SA transfers personal data on the basis of legitimate interest and the economic and technical advantages associated with the use of specialized providers. In this regard: – Maps. Noctis SA uses Google Maps to include maps on the website. Integration with Google Maps allows Google to collect the user’s IP address. The user can consult the privacy policy and other legal aspects of the company at the following address: http://www.google.com/intl/fr/policies/privacy/. – Facebook. Noctis SA has integrated Facebook components into the Website. In particular, Noctis SA uses the Facebook advertising platform. The company that operates Facebook services is Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.Users can consult the privacy policy and other legal aspects of the aforementioned company via the following link: https://en-en.facebook.com/about/privacy/. – Instagram. The Site contains links to Instagram. As indicated in Section 13 above, by using these links, the user leaves the Site and is redirected to Instagram. The user can consult Instagram’s privacy policy and other legal aspects via the following link: https://help.instagram.com/155833707900388. – LinkedIn. The Site contains links to LinkedIn. As indicated in Section 13 above, by using these links, the user leaves the Site and is redirected to LinkedIn. The user can consult LinkedIn’s privacy policy and other legal aspects via the following link: https://www.linkedin.com/legal/privacy-policy. ** **- Social networks. Noctis SA also uses social networks, such as Facebook or Instagram, and has integrated features from these networks into its services. Users may only use these social networks if they are registered and have accessed the corresponding social network with their user account. These social networks have their own privacy policies and terms and conditions, over which Noctis SA has no influence or control.
Finally, users should be aware that Noctis SA may (and Noctis SA reserves the right to) disclose their information in the following cases: (i) if required by a judicial or administrative authority; (ii) if necessary to exercise your rights under Noctis SA’s terms and conditions and this privacy policy; (iii) if necessary to comply with the law; (iv) if such data could be useful for the protection of the rights of third parties; (v) when it is useful for the protection of the rights, property, or safety of Noctis SA, its controllers, subsidiaries, affiliates, officers, employees, users, or the general public; and (vi) when there are compelling reasons related to public safety, national defense, or public health.
Security: How do we ensure data security?
Noctis SA declares its intention to adopt the necessary technical and organizational measures to guarantee the security, integrity, and confidentiality of data in accordance with the provisions of the GDPR in order to prevent its alteration, loss, unauthorized access, or processing.
Noctis SA does not guarantee absolute privacy in the use of the website, as it cannot be ruled out that unauthorized third parties may gain access to it. The user acknowledges that existing technical security measures are not impenetrable and that even when all reasonable security precautions are taken, it is possible for information to be manipulated, destroyed, and/or lost. In the event of a security incident involving a significant risk to the data owner, this event will be reported without delay to the competent supervisory authority, along with the corrective and mitigating measures implemented and/or to be implemented.
Noctis SA is not responsible for the loss or deletion of data by users. Similarly, Noctis SA accepts no responsibility for any damage caused by computer viruses.
Finally, users must also take measures to protect their information. Noctis SA insists that you take every precaution to protect your personal information when you are on the Internet. At the very least, we advise you to change your password periodically, using a combination of letters and numbers, and to ensure that you use a secure browser.
Data owner rights and procedures for exercising them: What rights do I have as a data owner?
The user who owns the data may at any time exercise their rights of access, rectification, cancellation, opposition, limitation of processing, portability, confidentiality, and deletion with regard to their personal data, in accordance with the provisions of Articles 15 et seq. of the GDPR, as applicable. These rights may be exercised by the user themselves by emailing info@46a.ch, or by writing to the data protection officer at the following address: info@46a.ch, or by any of the means provided for in the applicable regulations mentioned above. Noctis SA may request the data necessary to validate the identity of the data owner.
Certain data will not be deleted when doing so could cause damage to the rights or legitimate interests of third parties, or when there is a legal obligation to retain the data.
Appointment of a data protection officer
Noctis SA has appointed a representative to implement and monitor this privacy policy and liaise with the regulatory authority, Cédric Fiora, who can be contacted by the following means:
Email: info@46a.ch
Phone: 0763266984
Training: Do we provide training?
Noctis SA staff whose duties involve the processing of personal data are trained to ensure better protection of personal data and the rights of data subjects.
Links to third parties: Does our Site contain links to other sites?
The site may contain links to third-party sites, with or without advertising content, whose privacy policies are unrelated to Noctis SA. The linked sites are not related to Noctis SA and their existence does not in any way imply any suggestion, invitation, or recommendation to visit the destination sites or any link or association between Noctis SA and these sites. Noctis SA is not responsible or liable for the content, use, and activities of these linked sites, nor for any damages, whether actual or potential, material or moral, direct or indirect, suffered by users and derived from the information contained in these sites or from the relationship that users may establish with third parties whose services have been published on the site. Nevertheless, any comments on these linked sites will be useful to Noctis SA in order to improve its services and/or guarantee the integrity of the site. Noctis SA undertakes to do everything possible to prevent the existence on its site of links to sites with illegal content.
Cookies: Do we use cookies?
When the user enters the site, Noctis SA may store information on their computer in the form of a “cookie” or similar file. The site uses cookies to (i) track advertising, (ii) collect data on site traffic, and (iii) improve the user experience when using the site.
Users should be aware that in order to browse the website, it is not necessary for them to allow the installation of cookies sent by the website. This may only be required for certain services. Users can delete cookies from their hard drive, prevent access to their computer either through their browser or by selecting the corresponding option when asked if they wish to use cookies for these purposes and in accordance with Noctis SA’s cookie policy.
Cookies are information files that the website or the provider of certain services on the website transfers to the hard drive of the user’s computer via the browser program. Cookies themselves cannot personally identify the user (although they may contain the user’s IP address), but they allow the website to recognize the user’s browser and capture and store certain data (the user’s operating system, the domain name of the website from which the website was linked, among other things). Noctis SA reserves the right to contract the services of third parties to analyze and understand the users of the site, who may not use the information collected for any purpose other than to improve the services of W-H Plus Fournitures et Meubles Sàrl.
Approval
Use of the site by the user implies knowledge and full and complete approval of Noctis SA’s privacy policy and Noctis SA’s terms and conditions, where applicable. Similarly, the user accepts Noctis SA’s privacy policy and Noctis SA’s terms and conditions by completing the service request.
Changes: Is this the most recent version?
This is the current version of Noctis SA’s privacy policy, updated on September 1, 2023.
Noctis SA may modify this privacy policy at any time without prior notice. These changes will take effect as soon as they are published on the website or when they are communicated to users by any means, whichever occurs first. Users should keep themselves informed of the terms included here by checking back periodically.