LEGAL NOTICE AND TERMS OF USE

This legal notice is interpreted in accordance with the provisions of the INFORMATION SOCIETY SERVICES LAW (LSSI), without prejudice to what may be established by other specific regulations in force or outside the coordinated regulatory scope in the field of information society services and electronic contracting.

Homo Novus. responsible for the website https://www.homonovus.ch, hereinafter Homo Novus makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, 2002, of Services of the Information Society and Electronic Commerce (LSSICE), as well as to inform all users of the website regarding the conditions of use.

Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable.

This Legal Notice and Terms of Use is entered into between you (“you” or “your”) and Homo Novus, (as defined above). By accessing, using or attempting to use the Homo Novus Services, in any manner, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access the website of Homo Novus, or use Homo Novus’s services.

Homo Novus reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations, being understood as sufficient with the publication on the website of Homo Novus.

OBJECT

Through the Web Site, we offer Users the possibility to access information about our services.

PRIVACY AND DATA TREATMENT

When access to certain content or service is necessary to provide personal data, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give to such data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the section of Privacy Policy.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and agrees that all content displayed on the Web Site and in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights and all trademarks, trade names or logos, all industrial and intellectual property rights on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the company harmless from any claim arising from breach of such obligations.

Under no circumstances does access to the Web Site imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise.

These General Conditions of Use of the Web Site do not grant Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or third party owner of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the Web Site, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned Entity.

Likewise, it is forbidden to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Site undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the company reserves the right to exercise any legal means or actions that may correspond to it in defense of its legitimate intellectual and industrial property rights.

OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User undertakes to:

1. to make proper and lawful use of the Webspace as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Webspace; (iii) generally accepted morals and good customs and (iv) public order.

2. To provide all the means and technical requirements necessary to access the Web Site.

Notwithstanding the provisions of the preceding paragraph, the User must also refrain from:

1. making unauthorized or fraudulent use of the Web Space and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.

2. Access or attempt to access resources or restricted areas of the Web Space, without complying with the conditions required for such access.

3. Cause damage to the physical or logical systems of the Webspace, its suppliers or third parties.

4. Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.

5. Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.

6. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

7. Obtain and attempt to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet for not entailing a risk of damage or disablement of the Web Site and / or content.

8. In particular, and by way of example only and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

1. in any way, is contrary to, disparages or infringes upon the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the legislation in force.

2. Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.

3. Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

4. Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.

5. Induces or incites to engage in practices that are dangerous, risky or harmful to health and psychological balance.

6. Is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without having been authorized for the intended use.

7. It is contrary to the honor, personal and family privacy or self-image of persons.

8. Constitutes any type of advertising.

9. Include any type of virus or program that prevents the normal operation of the Web Site.

RESPONSIBILITIES

Homo Novus reserves the right to make changes to this website without prior notice, in order to update, correct, modify, add or delete content or design.

It does not guarantee continued access, nor the correct viewing, downloading or use of the elements and information contained on the website that may be prevented, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for the decisions that may be taken as a result of access to the contents or information offered.

It may interrupt the service, or immediately terminate the relationship with the User, if it is detected that a use of its Web Site, or any of the services offered therein, is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site.

We will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that we are notified. In particular, we shall not be liable for any damages that may arise, among others, from:

1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of the company.

2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.

3. Improper or inappropriate abuse of the Web Site.

4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrator of the Web Site reserves the right to withdraw, in whole or in part, any content or information present on the Web Site.

The company excludes any liability for damages of any nature that may be due to the misuse of the services of free availability and use by the Users of the Webspace.

You will hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Webspace. You also agree to indemnify the company against any damages resulting from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Webspace.

Any commercial communication and promotional offer that Homo Novus may make shall be governed by the present Information Society Services Act and by its own regulations and those in force on commercial and advertising matters. In any case, Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data, and its implementing regulations shall apply, especially with regard to the collection of personal data, information to interested parties and the creation and maintenance of personal data files.

This Legal Notice refers to the website and the contents of Homo Novus, and does not apply to links or third party websites that you can access through this. The destinations of third party links are not under the control of Homo Novus.

Therefore, Homo Novus is not responsible for the content of any of these link destination web pages or any link contained in a web page that leads to this website, or any changes or updates to these pages.

The establishment of links between third party websites and this website does not imply, in any case, the existence of relations between Homo Novus and the owner of other websites, nor the acceptance and approval by Homo Novus of their contents or services.

HYPERLINKS.

The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Web Site, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Web Site may include links to other web sites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. In accordance with this and with the section on Responsibilities (see 6), the company is not responsible for the content of these Web Spaces, nor does it place itself in a position of guarantor and/or provider of the services and/or information that may be offered to third parties through third party links.

Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorized, or include trademarks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Web Site other than the home page; (iv) must link to the address of the Web Site itself, without allowing the Web Site that makes the link to reproduce the Web Site as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Web Site. The Company may request, at any time, that you remove any link to the Web Site, after which you must immediately proceed to remove the link.

The company cannot control the information, contents, products or services provided by other Websites that have established links to the Web Site.

DISCLAIMERS AND WARRANTIES.

In general, the contents and services offered on the Web Site are for information purposes only. Accordingly, by offering them, no warranty or representation is given in relation to the contents and services offered on the Webspace, including, without limitation, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

FORCE MAJEURE.

The company shall not be liable at all in case of impossibility to provide service, if this is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION.

These General Conditions of Use, as well as the use of the Web Site, shall be governed by Switzerland Laws. For the resolution of any dispute the parties shall submit to the Courts and Tribunals of Lugano without prejudice to resolve it via a process of alternative dispute resolution in case of agreement between the parties and regardless of the time of interposition or initiation of the jurisdictional process.

In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to the modification or replacement of such stipulation by another that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.

DISCLAIMERS AND WARRANTIES.

In general, the contents and services offered on the Webspace are for information purposes only. Accordingly, by offering them, no warranty or representation is given in relation to the contents and services offered on the Webspace, including, without limitation, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

MAJEURE MAJEURE.

The company shall not be liable at all in case of impossibility to provide service, if this is due to prolonged interruptions of electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

PRIVACY POLICY

USER INFORMATION

Homo Novus (hereinafter, “Homo Novus”), as responsible for the Processing of personal data obtained from the website http://www.homonovus.ch, informs you that, in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (hereinafter, “RGPD”) and the Organic Law 3/2018 of 5 December, on data protection and guarantee of digital rights (LOPDGDD), we will treat your data as we reflect in this Privacy Policy.

Any person accessing this website assumes the role of user, committing to the observance of the provisions herein, as well as any other legal provision that may be applicable within the framework of your rights as a user in the privacy of personal data. In that sense, this privacy policy is established between you (hereinafter “you” or “your”) and the data controller. Homo Novus

This Policy applies to the processing of your personal data collected by Homo Novus for the provision of its services. If you accept the measures in this Policy, you agree to our processing of your personal data as defined in this Policy.

OBJECT

In this Privacy Policy we describe how we collect your personal data and why we collect it, what we do with it, who we share it with, how we protect it, and your choices regarding the processing of your personal data.

KEY PRINCIPLES AND CODE OF CONDUCT.

We have always been committed to delivering our services with the highest degree of quality, which includes treating your data securely and transparently.

Our principles are:

1. Legality: We will only collect your Personal Data for specified, explicit and legitimate purposes.

2. LawfulnessYour data will be processed in a lawful, fair and transparent manner in relation to your interests. The conditions of the lawfulness of the processing will be understood within the provisions of articles 6.1 of the RGPD and 6.2 of the RGPD.

3. Data minimization: We limit the collection of personal data to what is strictly relevant and necessary for the purposes for which it was collected.

4. Purpose limitation: We will only collect your personal data for the stated, accepted purposes and those related to the company’s legal obligations.

5. Accuracy: We will keep your personal data accurate and up to date with changes from time to time.

6. Data security: We implement appropriate technical and organizational measures proportionate to the risks to ensure that your data is not damaged, such as unauthorized disclosure or access, accidental or unlawful destruction or accidental loss or alteration and any other form of unlawful processing.

7. Access and Rectification: We have the means for you to access or rectify your data whenever you consider it appropriate.

8. Retention: We retain your personal data in a lawful and appropriate manner and only for as long as necessary for the purposes for which they have been collected, without prejudice to the legal obligations of the company and in compliance with Article 5.1e) of the GDPR and national regulations on the prevention of money laundering and terrorist financing.

9. International transfers: in the event that your data is to be transferred outside the EU/EEA, it will be adequately protected and in accordance with all national and supranational regulations on data protection in international transfers.

10. Third parties: Access and transfer of personal data to third parties is carried out in accordance with applicable laws and regulations and with appropriate contractual safeguards.

11. Direct Marketing and Cookies: We comply with applicable advertising and cookie legislation.

COLLECTION AND PROCESSING OF YOUR PERSONAL DATA.

The types of data that may be requested and processed are:

1. data of an identifying nature.
2. Data about your visit to our website as described in the cookie policy.

Whenever we request your personal data, we will clearly inform you what personal data we collect and for what purpose. In general, we collect and process your personal data for the purpose of:

1. providing information, services, products, relevant information and industry news.
2. Sending communications.

LEGITIMACY

In accordance with the applicable data protection regulations, your personal data may be processed provided that:

1. you have given us your consent for the purposes of the processing. You may of course withdraw your consent at any time and your withdrawal will not affect the lawfulness of the processing based on the consent prior to its withdrawal.

2. By legal requirement.

3. For there is a legitimate interest that is not undermined by their privacy rights, such as sending commercial information either by subscribing to our newsletter or by their status as a customer.

4. For being necessary for the provision of any of our services through a contractual relationship between you and us (including requests to receive information at a time prior to the start of the provision of services).

COMMUNICATION OF PERSONAL DATA

The data may be communicated to companies related to Homo Novus for the provision of various services as Data Processors. The company will not make any transfer, except by legal obligation.

YOUR RIGHTS

In connection with the collection and processing of your personal data, you can contact us at any time to:

– Access your personal data and any other information indicated in Article 15.1 of the GDPR.

– Rectify your personal data that is inaccurate or incomplete in accordance with Article 16 of the GDPR.

– Delete your personal data in accordance with Article 17 of the GDPR.

– To limit the processing of your personal data in accordance with Article 18 of the GDPR.

– Request the portability of your data in accordance with Article 20 of the GDPR.

– Oppose the processing of your personal data in accordance with Article 21 of the GDPR.

If you have given your consent for any specific purpose, you have the right to withdraw the consent given at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.

If the communication of personal data is understood as a legal or contractual requirement, or a necessary requirement to enter into a contract, you are obliged to provide your personal data and you are informed that otherwise we will proceed to the termination of the business in process.

The rights stipulated in point 8 of the document (“YOUR RIGHTS”) are without prejudice to the Company’s legal obligations regarding the prevention of money laundering and terrorist financing and the provisions of Article 23 of the GDPR. In the hypothetical circumstances indicated in the regulations, your data will be processed in accordance with point 4 of the document (“KEY PRINCIPLES AND CODE OF CONDUCT”).

You can exercise these rights by sending a reasoned and accredited communication to info@homonovus.ch.

You also have the right to lodge a complaint with the competent supervisory authority if you consider that the processing does not comply with the regulations in force.

LEGAL INFORMATION.

The requirements of this Policy supplement, and do not replace, any other requirements existing under applicable data protection law, which shall prevail, in any event.

This Policy is subject to periodic review and may be amended by the Company at any time. When this occurs, we will notify you of any changes and ask you to re-read the most recent version of our Policy and confirm your acceptance.