General Conditions

General Conditions

MountaiNow - Safer Together

MountaiNow - General Conditions of Use

We thank you for visiting our website, our blog and/or our application (together, including the information they contain - any text, video, photograph or any other information in any format and of any nature whatsoever, appearing on our website, our blog and/or in our application, with the exception of those provided by the users or authors mentioned as such - the "Services").

Please read these terms and conditions carefully (the "Terms"). By using - or accessing - our Services, you express your acceptance and understanding of the Terms. If you do not agree to any or all of our Terms, please refrain from using or accessing our Services.

In the Terms, the terms 'we', 'our', 'us' and 'MountaiNow' refer to One Earth Sàrl, a limited liability company under Swiss law. 'You', 'your' and 'yours' refer to anyone who uses or accesses our Services.

We reserve the right to change the Terms without notice and at any time. Remember to check this page regularly for changes to the Terms. The version accessible via our website (http://website.mountainow.net/fr) at the crucial moment applies between you and us.

We reserve the right to interrupt access to and/or use of the Services at any time or to modify the Services without prior notice and without giving reasons.

Our services

We offer, as a central service, a geo-platform or collaborative map allowing users to inform and get informed about hazards, conditions, and routes in the mountains and in nature in general.

Declaration on privacy and personal data

In the context of the seizure and processing of your personal data, subject to foreign law provisions that could directly apply in our territory, we are subject to Swiss data protection legislation, which is recognized by the authorities as guaranteeing an adequate level of data protection. For more information, please see our Declaration on Privacy and Personal Data (the "Declaration").

Accuracy, completeness and timeliness of information

We make every reasonable effort to ensure that the information and advice available through our Services is relevant. However, we exclude all liability should this not be the case. If you rely on the data in our Services, it will be at your own risk. In particular, in case of doubt, we invite you to always contact a qualified person before you engage in the field, as well as conduct your own analysis and adapt your decisions once there. Any liability on our part in this regard is excluded.

Only the Conditions have legal value; any other information accessible via our Services is provided for information purposes only.

Access to Services

A large part of our Services is accessible only after your registration and your prior identification. Where applicable, you declare that the content and information provided to MountaiNow are in all respects reliable and accurate.

You access our Services by means of an e-mail address and a password (together, the "Access Data"), by which you identify with each connection. You are not allowed to create more than one account. If your account is deleted by MountaiNow, you are not allowed to create a new one.

You are responsible for your Access Data. You must keep them confidential, keep their exclusive use and take care not to communicate them to third parties. MountaiNow assumes no liability for damages resulting from the abuse, loss, transfer to third parties or theft of your Access Data. Make sure that the email address you provide is always the email address you actually use.

Only people who are at least 16 years old can use our Services.

Intellectual property rights

The Services, trademarks, logos, icons, designs, and other distinctive features of MountaiNow, as well as any software used in connection with the provision of the Services, are and remain the exclusive property of MountaiNow. You may not copy, transfer, redistribute or license the content of the Services. You may not copy, modify, decompile or otherwise attempt to discover or reuse our source code. The creation of works derived from all or part of the content of our Services (or their possible updates) is prohibited.

We grant you a worldwide, non-transferable, non-exclusive license to use the Services, access their content, and benefit from any updates that may replace or supplement the Services (unless this upgrade is accompanied by a specific license) on all devices that you own or control, to the extent permitted by the Terms and for the sole purpose of allowing you to enjoy the Services.

You are invited to report any obvious infringement or suspicion of infringement of intellectual property rights by contacting us directly (info@mountainow.net).

Your content

Our Services may allow you to submit content to us or to other users.

You remain the owner of your content. However, by submitting content via our Services, you grant us an unlimited time license (valid even after the termination of our Services), irrevocable, global, non-exclusive, free, sub-licensable and transferable to use, store, reproduce, transfer, modify (including the creation of derivative works or translations), communicate, publish, publicly perform, display and/or distribute such content, in connection with the supply, promotion, development and/or operation of our Services and, more generally, the conduct of our business.

In addition, if you decide to share content through our Services, you grant other users a non-exclusive license to access, use and store the shared content for your personal use (including on the social networks they control).

You warrant that (i) you have all the rights and authorizations to grant or grant to other users the licenses mentioned above and (ii) the content you submit does not violate any standard, contractual obligation or third party right.

External information and links to other sites

In general, our Services may contain external information (satellite data, terrain maps, itineraries, etc.) as well as links directing you outside our networks and systems, in particular to the websites or applications of our partners. We assume no responsibility for the content or accuracy of this information or third party sites and the operation of these. We cannot be held responsible for the content of third party sites to which a link is offered. The inclusion of a link to other websites does not imply our approval. We recommend that you carefully read the legal notice regarding the privacy statement and personal data of all other sites you visit.

Security of communications

When communicating with us by e-mail, or otherwise via the Internet, you must take into account that the protection of the messages thus transmitted is not guaranteed. Therefore, by sending important or confidential, non-encrypted messages, you accept the risks of this uncertainty and the possible lack of privacy of the Internet.

 No guarantees

In general

Use of our Services is at your own risk.

Our Services are offered to you 'as is' and 'as available'. Therefore, we offer no guarantee in connection with these. In particular, we do not guarantee that (i) our Services comply with your requirements; (ii) their content is complete, accurate, reliable, up-to-date and does not infringe the rights of any third party; (iii) access to our Services is uninterrupted, error-free or virus-free; (iv) defects are corrected; (v) the Services are secure; or (vi) any advice or opinion coming from us through our Services is accurate and reliable.

No guarantee on user content

Our Services may allow their users to share and exchange content. You understand that MountaiNow does not pre-approve or control the content provided by users before it is shared and therefore cannot guarantee that it is complete, correct, safe or up-to-date. We do not accept any responsibility in connection with the different opinions that could include the content provided by the users of our Services.

Exclusion of liability

TO THE EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY BY OUR PARTNERS, OUR AUXILIARIES, OUR REPRESENTATIVES OR OUR PARTNERS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF OUR SERVICES IS EXCLUDED.

AS A PRECONDITION PRIOR TO YOUR USE OF OUR SERVICES, YOU AGREE TO INDEMNIFY, AS WELL AS OUR REPRESENTATIVES OR OUR PARTNERS, ANY DAMAGES (INCLUDING JUSTICE AND LAWYER EXPENSES) THAT MAY RESULT FROM YOUR (MALICIOUS) ACCESS TO - OR YOUR (MALICIOUS) USE OF - OUR SERVICES.

Prohibited activities

We strive to provide a positive and interesting experience for all users of our Services. In this regard, we reserve the right, in our sole discretion, without notice and without giving reasons, to remove any content and/or to prohibit (e.g. by limiting/prohibiting access to our Services) any act that could, in our opinion, prove to be particularly inappropriate, offensive, unrelated to our Services or contrary to the considerations that we deem due to everyone, to the applicable Conditions, standards and/or morality.

In particular, it is forbidden:
- to submit information belonging to a third party, without his prior consent;
- to transmit via our Services unsolicited letters or commercial proposals;
- to impersonate any natural or legal person (such as using the name, voice or photograph of another person);
- to submit any content that may be disturbing, such as defamatory, racist, obscene, violent, threatening, pornographic or otherwise contrary to applicable standards or morals, or any other content deemed inappropriate by us;
- to submit any content likely to harm our security system or to a third party, such as a computer virus, a Trojan horse or any other form of malicious program;
- use our Services in any other way that may be harmful or illegal.

Various

These Terms constitute the entire agreement between you and us regarding access to - and use of - our Services.

If any provision of the Terms should be considered invalid or unenforceable, the parties would replace it with a provision having legal and economic effects as close as possible to those of the invalidated provision and the remaining provisions of the Terms would remain in effect as they stand.

The fact that we tolerate any breach by you of any of your obligations under the Terms, or that we do not require the application of any right granted to us by the Terms or by law, may not be construed as a waiver on our part to use it.

Conditions exist in English, French, Italian and German (and may exist in other languages). In case of contradiction, the French version will prevail.

Unlike us, you are not authorized to transfer to third parties the rights and obligations that are yours under the Terms.

Jurisdiction and applicable law

The Conditions are subject to Swiss material law.

The exclusive place of jurisdiction is at One Earth Sàrl's registered office, subject to appeal to the Federal Court (Tribunal Fédéral).

Conditions updated in June 2019.

All rights in these Terms belong to their author. Reproduction without prior license is strictly prohibited.

 

DECLARATION ON PRIVACY AND PERSONAL DATA

The confidentiality of your personal data is important to us.

Any term beginning with a capital letter has the meaning assigned to it in the Terms.

The Declaration describes the methods we use to collect, save, process and use your personal data.

When you provide us with data about you and/or use, we collect, save, process and use personal data in accordance with the applicable legislation and the terms and conditions of the Declaration.

If you disagree with the Declaration, do not provide us with any personal data or only those that you wish to provide. In case of disagreement, if you withdraw your consent or if you choose not to provide us with some of the personal data required, we may be unable to provide you with all or part of our Services.

If you have any questions or comments regarding this Statement or comments to improve its quality, please write to us at info@mountainow.net

 What is the legal basis for processing your data?

We only collect and process personal data about you when (i) you have given us your consent by validating the Declaration or (ii) the processing of such data is necessary for the performance of a contract between you and us.

What data do we collect?

We collect personal data in three ways:

The information you must provide us to use our Services: To use our Services, you must provide us with certain information. For example:
- to use our contact form: name, e-mail address, subject, your message;
- to leave a comment on an article of our blog: name, e-mail address, your message;
- to share an observation: e-mail address, user password;
- to share a track: e-mail address, user password.

Other information you freely decide to provide us: In connection with the use of our Services, you may freely decide to provide us with a certain amount of additional information. For example:
- to leave a comment on a blog post: your website.

Information We Can Automatically Collect When You Use Our Services: Beyond the personal data that you need or freely decide to provide us, we may collect and use various information about your use of - and your behavior about - our Services , such as your browsing preferences, statistics about the pages of our most-viewed Services, the time spent on each page, the type of device used, technical information about your devices, software or peripherals, information about segments as demographic parameters such as age, sex, professional and private interests, geographical location, etc.

In addition, when you use, through our Services, services offered by third-party Google Maps ™, YouTube ™, Facebook ™ or Instagram ™ buttons, etc. , we draw your attention to the fact that these companies may also, through these services, collect and use personal data about you (your location, your preferences for use, etc.). Also, before using these services, we recommend that you carefully read the privacy policies of these third-party companies. These third-party companies may export the data they collect to the United States or other countries that are not considered to provide an adequate level of data protection according to European standards.

How do we use the data collected?

We use the personal data that you provide to us specifically to achieve the purpose for which you provided it to us: to provide you with our Services and/or to fulfill other obligations arising from any contract between you and us. In addition to the processing of your personal data in order to enable you to achieve the purpose for which you have transmitted, we reserve the right to use all or part of your personal data for other purposes: e.g. communicate with you, conduct surveys or recommend those of our products or services that may be of interest to you.

Regarding information about your behavior on our Services that we collect automatically, we use them in order to improve and personalize our services.

Who are the data communicated to?

Your data is neither transmitted nor disclosed to third parties except (i) if you have consented thereto, (ii) where required by law or court order, or (iii) in the event of sale/transfer of our Services and/or MountaiNow.

For your part, you may be able to share certain information through our Services or on social networks, in particular by making use of the Facebook ™ or Instagram ™ buttons that may be available through our Services. Remember that when you publicly share personal data, it can be viewed and used by others, as well as indexed by search engines.

Which cookies can we use?

We may use cookies to optimize our Services. These are small files that are stored on your data carrier and that store certain configurations and data through your Internet browser to exchange them with our system. In particular, we may use the following cookies:

The strictly necessary cookies: these are the cookies that are necessary for the functioning of our Services. They allow you to benefit from the services you request. These are, for example, cookies that allow you to connect to secure areas of our Services.

Functional cookies: These cookies record information about the choices you make about our Services, for example your name, language or the region in which you are located. Thus, we are able to personalize your visit on our Services.

Performance cookies: These "analytics" cookies allow us to collect information about how visitors use our Services. They record your visit to our Services, the pages you visited and the links you followed. These cookies do not collect information to identify you. All information is anonymous. This helps us improve the way our Services work. In order to continuously improve and optimize our Services, we can use Google Analytics tracking technology. Google Analytics ™ is a service of Google LLC ("Google"). Google Analytics ™ is an Internet analytics tool that allows us to better understand your behavior on our Services. This tool, which is subject to Google's privacy policy, may use cookies to collect anonymous information and generate reports on the usage statistics of our Services without you being personally identifiable by Google. If you do not want Google Analytics ™ to record data about your visits, you can install an add-on for your browser to disable Google Analytics ™ (see https://tools.google.com/dlpage/gaoptout?hl=en)

Social media cookies: These cookies allow you to share the content of our Services with social networking platforms (e.g. Facebook ™ or Twitter ™ buttons). This type of process can allow the social network to follow your navigation on our Services just because your social network audit account is activated on your device (open session) during your navigation on our Services. We have no control over these cookies since they are directly placed by third party providers.

Advertising cookies: These cookies allow us to display to your attention, on third-party sites, advertisements tailored to the interest you have shown for our products and services during your use of our Services. These cookies do not collect information to identify you. All information is anonymous. We may use interest-based advertising, which includes retargeting or remarketing technologies provided by third parties, such as Google ™ or Facebook ™. Based on these elements, we are able to approach you with personalized advertisements. For this purpose, cookies are stored on your computer. During your use of our Services, neither third party providers nor we collect personal data, only anonymized data. Thanks to such data, we can for example approach you, on third sites, with advertisements personalized according to your interest for our products or services. So, after you've used our Services and shown interest in a particular series of products or services, this technology can then provide you with more advertising information while you surf to another site.

Adobe Flash Player ™ Flash Cookies: Adobe Flash Player ™ is a computer application that allows the rapid development of dynamic content using the "Flash" computer language. Flash (and similar apps) remembers the settings, preferences, and usage of this content through technology similar to cookies. However, "Adobe Flash Player" ™ manages this information and your choices via an interface different from that provided by your browser software. Since your terminal may display Flash content from our Services, we invite you to access your Flash cookie management tools directly from http://www.adobe.com.

By using our Internet Services, you declare to consent to the processing of data collected via cookies, this in accordance with the Declaration and the confidentiality rules of third party suppliers that we invite you to read carefully.

How can you control the cookies we use?

During your first consultation of our Services, you expressed your choice as to the use of cookies on your device. At any time, you can disable them by following the procedures below.

Most browsers accept cookies automatically, but allow you to disable them. In principle, the help menu will inform you about how to prevent your browser from accepting new cookies, to set your browser to warn you when a new cookie is received, or to disable cookies. If you wish, you can also disable or delete cookies accepted in the past. More information on the procedures to follow for major browsers are available at the following addresses:

Microsoft Internet Explorer ™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox ™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari ™: https://support.apple.com/en-gb/guide/safari/sfri11471/mac
Google Chrome ™: https://support.google.com/accounts/answer/61416?hl=en

We recommend that you leave cookies enabled so that we can offer you a better experience on our Services. If you set your browser to block all cookies (even those strictly necessary), you may not have access to all of our Services.

Many cookies can also be disabled using tools such as those offered by the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1) or Ghostery (https://www.ghostery.com/). Most third-party vendors also offer modules or procedures to disable the cookies they use. We offer no warranty in connection with these tools, developed by third parties.

Your personal data, your rights

In accordance with the applicable legislation, you have a right of access, rectification and erasure on your personal data. You may also, in certain circumstances, oppose (see below) the processing of your data or request its limitation. In the latter case, your data will be retained, but cannot be processed without your consent, except for reasons specially provided by law. You may also request a copy of your personal data in a structured, commonly used and machine readable format. Finally, you may withdraw at any time the consent you have expressed regarding the processing of your data for the purposes mentioned above.

For this, simply contact us. Unless we are unable to identify the data that concerns you, if the request is manifestly unfounded or excessive, in particular because of its repetitive nature or if we can oppose it with another legitimate reason provided by law, we will give following your request as soon as possible and at no cost.

Information about your right of opposition

You have the right to oppose at any time, for reasons related to your particular situation, a processing of your personal data (including profiling) if it is based on a public interest or a weighing of interests. In the event of opposition, we will no longer process your personal data, unless we can demonstrate that there are legitimate and compelling reasons for the treatment that prevails over your interests and your rights and freedoms, or for the finding, the exercise or defense of rights in court. If you make use of this right of objection, we may be unable to provide you with all or part of our Services.

When your personal data is processed for prospecting purposes (e.g. if you subscribe to a newsletter), you have the right to oppose any such treatment at any time. This also applies to profiling insofar as it is related to such prospecting. In case of opposition, we will no longer process your personal data. If you make use of this right of objection, we may be unable to provide you with all or part of our Services.

The opposition can be formed at the address mentioned below.

Contact information

Please send any request by e-mail making sure your identification is possible and unequivocal to:

info@mountainow.net

Finally, you can always contact the data protection authority in your jurisdiction.

Please note that you are not obliged to provide us with the personal data indicated in this Declaration. In addition, the provision of personal data is not a condition to contractual relationships that we could establish. However, if you refuse to provide us with certain personal data, we may not be able to offer you all or part of our Services.

Security and retention of personal data

Your personal data is protected from unauthorized processing through appropriate technical and organizational measures. Unless otherwise stated in the Declaration, they are stored in – and may be transferred to – a country whose legislation guarantees a level of protection in line with EU regulations.

We draw your attention to the fact that companies like Google, Facebook and Instagram may transfer data to countries whose legislation has been judged not to guarantee an adequate level of protection by the EU.

Your personal data will be kept as long as necessary to achieve the purposes for which you have transmitted them. Some personal data may also be kept for legal reasons.

Misuse of our Services

In case of misuse of our Services, especially in case of fear of punishable acts, the data may be analyzed to clarify the situation and, upon duly justified request in our opinion, be forwarded to the competent official authorities or the third party concerned by the abuse.

The Declaration exists in French, English, Italian and German (and possibly in other languages). In case of contradiction, the French version will prevail.

We reserve the right to modify the Declaration at any time.

Statement updated in June 2019.

All rights in the Declaration belong to their author. Reproduction without prior license is strictly prohibited.