Terms of Use and Data Protection

I. COMMON TERMS

1. The Swiss Enviornment and Energy Innovation Monitor (SEEIM) remit
The SEEIM team has been appointed by the Confederation to perform a range of activities based on a support contract. These activities concern collecting and researching innovations in Switzerland for non-commercial purposes. As part of the work SEEIM helps startups, SMEs and other innovative companies (all together hereafter called Innovative Companies) from Switzerland and Liechtenstein to get support for innovations, to network and build partnerships.

2. Scope of the Terms of Use and the Data Protection Policy
To fulfil this remit, SEEIM provides a web-based tool called the “innovation monitor” which shall be open for registration by innovative Swiss startups, SME and projects. Based on such registration, participants may on the one hand promote their business by means of an online profile; on the other hand SEEIM will inform about appropriate funding and networking events.

The following Terms of Use and the Data Protection Policy (henceforth: “Terms”) apply to the relationship between seeim and the registered Companies.


II. TERMS OF USE

1. Conditions for Registration
Any innovative Swiss company interested in the services provided by SEEIM may register on the Innovation Monitor website. Registration with Innovation Monitor is free of charge.

2. Scope of Innovation-Monitor
2.1. Innovation Monitor Services provided for registered companies by SEEIM
SEEIM operates and maintains a web-based tool called the Innovation Monitor which is accessible via its website (www.Innovation-Monitor.ch).
Innovation Monitor Stadthausstrasse 14 - CH-8400 Winterthur
Within the framework of the Innovation Monitor, registered Innovative Companies may promote their business by means of an online profile in which publically available information including trade name, business area, technology, and founding year and published.

Additionally, the Innovation Monitor includes a restricted access database in which confidential information on activities is collected and processed, such as products, number of employees, innovations, patents, etc. Registered Innovative Companies are entitled to update, correct or delete the confidential information contained in the Innovation Monitor at any time. SEEIM shall provide a search engine enabling the website visitors to locate the registered Innovative Companies by keyword or by business operating area. SEEIM may but is not obliged to provide the registered Innovative Companies with information on business openings, trends, investment and funding opportunities, events etc. To fulfil its remit SEEIM is entitled but not obliged to classify the Profile Information, as well as the restricted access Innovation Monitor Data with regard to the respective innovations, and to pass such data periodically to any third party (such as the Federal Administration, including the Swiss Federal Office of Energy, Swiss Federal Office of Environment, and service partners).

2.2. Duties of registered Innovative Companies
By registering with Innovation Monitor the Innovative Companies shall provide Profile Information as well as with the restricted-access Innovation-Monitor Data. They hereby confirm the conditions as set out in section II paragraph 1 to be met and all information passed to be true. Registered Innovative Companies undertake to keep their profile Information as well as the restricted-access Innovation Monitor Data up-to-date; they agree to update such information and data at least once per year with effect per November 30.

3. Warranty and liability
SEEIM endeavours to offer a steady service free of interferences. However, this only applies to services SEEIM can influence. The registered companies as well as the website visitors recognise that full and complete availability of the services at all times is technically impossible. SEEIM may limit the accessibility of the website and/or the Innovation Monitor partially, temporarily or permanently for reasons such as maintenance work, capacity issues or because of other issues outside its sphere of his influence. The registered Innovative Companies and the website visitors can neither claim damages due to maintenance of single functions of the website and the Innovation Monitor nor the general availability and use of any existing functions of the website and the Innovation Monitor.
Content uploaded to the company profiles will not be pre-checked by SEEIM with respect to their completeness. Therefore, SEEIM cannot be held responsible for the validity, legitimacy, accuracy, reliability, actuality, adequacy and/or completeness of the Profile Information and/or any other information available through the Website. The same shall apply for content of other websites linked by SEEIM on its own website.
SEEIM is not liable for slightly negligent breaches of duty. SEEIM’s liability in the case of malice, gross negligence, injuries to persons and liability according to mandatory legal provisions remains unaffected by the before-mentioned limitations of liability.
The limitation of liability shall also apply to damage caused by authorised auxiliary persons. SEEIM is not liable for the acts of registered Innovative Companies, website visitors, service partners or third parties. These persons do not act as vicarious agents of SEEIM. Liability for indirect or consequential damage is excluded to the extent permitted by law.

4. Termination/Restriction of services by SEEIM
SEEIM is entitled to limit without compensation the accessibility of the platform partially, temporarily or permanently for good reasons. The exclusion of a registered Innovative Company from the Innovation Monitor or the deletion of the Online Profile shall be justified without notice or compensation in any case of a serious breach of these Terms of Use, inter alia if the registered Innovative Company in question:
• has no domicile in Switzerland anymore or does not provide a relevant share of their product portfolio to innovation in Switzerland anymore,
• repeatedly or seriously contradicts the remit of SEEIM or the positioning and promotion of Switzerland in the innovation domain,
• provides SEEIM with false information and data or fails to keep them up-to-date,
• uses the SEEIM logo in an inappropriate or in an undue way.


III. DATA PROTECTION POLICY

1. Scope of data processing, data security
In order to fulfil its purpose, SEEIM needs to exchange data. SEEIM is aware of the requirement to handle sensitive data appropriately. Data will only be used for the purpose described in these Terms of Use, for the performance of necessary tasks or for compliance with legal requirements. SEEIM will continually check the accuracy and completeness of the data it holds and update these on an ongoing basis. Data capture and data processing will comply with Swiss law on data protection (DSG; SR 235.1) and the federal law on unfair competition (UWG; SR 241). Data will be collected in as far as they are required for SEEIM to fulfil its purpose. Data which is no longer required will be destroyed. SEEIM will take appropriate measures to ensure data security. SEEIM will restrict access to confidential information to only those persons who require it in order to carry out the work.
If the services offered by SEEIM are abused, in particular if there is a suspicion of criminal activity, data supplied by Innovative Companies and visitors may be evaluated to clarify the facts of the case and, on request, passed on to the competent authorities.

2. Data on Innovative Companies registered with the Innovation Monitor
When registering with the Innovation Monitor, the Innovative Company provides SEEIM with the following information and data:
1. trade name and logo/trade mark
2. date of incorporation; number of employees, size of business, founders
3. domicile, address and other contact details (contact person, e-mail-address, phone and fax number, website) of the Company
4. company profile (scope of business, areas of activities, product information, innovation, impact, support)
5. information on existing and intended activities in foreign markets.

The information and data is collected and processed in order to perform the contractual relationship with the registered Innovative Companies and to do research about innovation in Switzerland. Data according to para. 1 – 4 in the list above (“Profile Information”) is published in the online profiles according to para. 2.1. of the Terms of Use.

Cookies
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site.

Our Web site uses cookies to distinguish you from other users of our Web site. This helps us to provide you with a good experience when you browse our Web site and also allows us to improve our site. By continuing to use our Web site, you are agreeing to our placing cookies on your computer in order to analyse the way you use our Web site. Please read this data policy carefully for more details about the information we collect when you use this site. If you do not wish to accept cookies in connection with your use of this Web site, you must stop using our site.

3. Confidentiality and Disclosure of data to third parties
SEEIM may provide all the above-mentioned information and data to third parties for processing on its own behalf. The data, companies declared confidential, will not be disclosed to everyone on the internet. Extracts of the confidential data will be disclosed only to third parties with a strong commitment to promote the network of the concerned Swiss companies as described in chapter 2.1. When passing data to third parties, SEEIM will always ensure the third party respects data protection requirements.
SEEIM uses google analytics to measure the use of the website and different pages. SEEIM uses cookies and code provided by google to do so.

SEEIM works together with Switzerland Global Enterprise to support startups. Non confidential data is exchanged between the S-GE Cube and SEEIM to save effort for all parties.

4. Information
Registered Innovative Companies may be contacted by SEEIM, its contact points abroad and networks operating in an alliance with SEEIM at home or abroad or by service partners during the period of registration with the Innovation Monitor and thereafter by letter, telephone, and e-mail and updated on general business activity. Any parties wishing not to receive information and updates can make this known to SEEIM by sending an email to info (at) innovation-monitor.ch.
SEEIM will regularly update the registered Innovative Companies with market information, business opportunities, events and exhibitions etc. via a Newsletter sent by e-mail. Any registered Innovative Company not interested in receiving the Newsletter can unsubscribe from the service at any time.

5. Access to data
Visitors of the website and registered Innovative Companies can request information on whether data about them have been processed and request access to the data, in line with Article 8 of the Swiss law on data protection (DSG). This may be done by sending the request by e-mail to info (at) innovation-monitor.ch.


IV. Final provisions

The relationship between SEEIM and the registered Innovative Companies shall be governed exclusively by Swiss law. The Courts of Law at the domicile of SEEIM shall have exclusive jurisdiction with regard to any dispute arising from or in connection with these Terms of Use or any other contract between SEEIM and both the visitors of its website or the registered Innovative Companies irrespective of the legal basis. SEEIM reserves the right to amend these Terms at any time without stating reasons. The new Terms will be displayed on the website or may be sent to the registered Innovative Companies by e-mail. By continuing to use the website or Innovation Monitor, the visitors of the website or the registered Innovative Companies agree to the changes.