Terms of Service and Privacy and Cookie Policies

A. Introduction

This document sets out the Terms of Service and Privacy Policy of the website www.cbm-lex.ch (the “Website”) and gives you general information about CATTANEO BIONDA MAZZUCCHELLI law firm and civil law notaries, based in Lugano (Canton of Ticino – Switzerland) (the “Firm”). In paragraphs B and C, the Website’s ownership and the Firm’s contacts are detailed, and you will find information about reviewing and agreeing to this document. You will find the terms to access and use the Website and its functions in paragraph D. In paragraphs E and F, the Website’s Privacy and Cookie Policies are detailed. Finally, paragraph G governs the substantial law applicable to the legal relationship between the parties and sets out the relevant court in the event of disputes in connection to such a relationship.

Anything that pertains the use of the Firm’s services is specifically governed by the engagement agreement signed by the parties (and its General Terms and Conditions), which takes precedence.

By using the Website, you agree to the provisions of this document, so make sure to read it carefully

B. Website’s Ownership and Contact

This Website is owned by the Law Firm, represented by lawyers Gianni CATTANEO, Massimo BIONDA, and Goran MAZZUCCHELLI, Via E. Bossi 1, 6900 Lugano.

You may submit any communication at the following email address: segretariato@cbm-lex.ch.

Any communication about the relationship between the parties shall be submitted in writing and will be considered valid and effective once received if sent by mail, or upon delivery of the read receipt if sent via email.

C. User Agreement and Changes to Terms and Conditions

By using this Website, you accept the terms and conditions in effect at the time of accessing the Website. The current terms and conditions can be viewed at the dedicated link at the bottom of the Website pages. The Firm reserves the right to change this document at any time and its sole discretion, therefore you are responsible to review terms and conditions accurately before accessing the Website.

D. Terms and Conditions for Using the Website

Services offered free of charge

On the Website, you can access some general information free of charge. The Firm reserves the right to suspend, modify, or terminate this service at any time, without prior notice, and at its own discretion.

Third-Party Contents and Services; External Links to the Website

The Website, particularly its blog section, includes links to online resources, services, and websites outside the www.cbm-lex.ch domain. The Website does not control any of these websites and resources, particularly in terms of privacy and security. The Website hence declines any liability for any failure, unavailability, damage, or loss as a result of using or relying on any content, goods, and/or service available on external websites and resources.

Intellectual Property; Link Policy

The Website and its resources, its graphics, its databases, and its contents, as well as any signs and designs protected by the law and registered and unregistered trademarks (whether indicated or not), are fully and exclusively owned by the Firm. Any use by third parties without a legal or written contractual licence is illegitimate and can be prosecuted in civil and criminal courts.

It is allowed to insert direct links to the Website homepage or any other Website page as long as they are not harmful to the Website’s or Law Firm’s reputation. The Firm may revoke its authorisation at any time. It is not allowed to include, in full or in part, any content from the Website into other websites or online and/or offline resources.

User Behaviour

While using the Website, you shall commit to a legitimate behaviour, respecting the Firm’s and any third party’s rights, and complying with this document. In particular, you agree to:

  1. Insert updated and accurate details and information
  2. Refrain from using the Website and the information included (email, address, blog, and phone number in particular) illegitimately, immorally, or disrespectfully of any third party’s rights
  3. Refrain from submitting through the Website any content and/or comment and/or message that is illegitimate, unpleasant, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, or any other inappropriate content
  4. Verify carefully your devices’ security, making sure these are free from any malicious contents (malware), such as viruses and trojans
  5. Refrain from submitting material supportive of behaviours that may be a crime, lead to civil liability, or violate Swiss or foreign laws
  6. Refrain from using the Website and the information herein to perform illegitimate or fraudulent actions or actions that violate any one’s legal personality;
  7. Refrain from using any kind of means, including software, to interfere or to try to interfere with the Website’s activity, or to hinder users from taking advantage of the services.

You will indemnify and hold the Firm harmless against any damage and/or prejudice, whether financial or moral and arising from usage that is illegitimate and/or non-compliant with the Website’s provisions and its linked resources and information.

Disclaimer

The Firm reserves the right to prevent you, in full or in part and at its sole discretion, from accessing and/or using the Website, particularly upon indication of potential activities or behaviours that do not comply with this document.

E. Personal Data Protection

Introduction

This section details the Website’s policy about the processing of personal data. The Firm processes personal data according to data protection laws, notably the Federal Act on Data Protection (FADP, RS 235.1) and the Ordinance to the Federal Act on Data Protection (OFADP, RS 235.11). By accessing and using the Website, you express your consent to the processing of personal data provided for or implied in this document.

Personal Data Definition

Personal data are data and information regarding an identified or identifiable subject, provided you have not otherwise and without any reservation made such data (“Personal Data”) accessible to the public.

Data Controller

The Data Controller is the Firm, represented by lawyers Gianni CATTANEO, Massimo BIONDA, and Goran MAZZUCCHELLI, Via E. Bossi 1, 6900 Lugano.

You may submit any communication regarding personal data protection to the following email address: segretariato@cbm-lex.ch.

Collection, Processing, Transfer, and Storage of Personal Information

The Website collects Personal Data provided by you, particularly through faxes, phone calls, or email (including phone and/or fax numbers and email addresses), to provide the information requested by you. Considering that emails do not guarantee the safety and protection of confidential information, please refrain from submitting any data and/or documents including personal and/or confidential information to the Firm’s email address (cf. par. “Email communications”). Upon request, the Firm is ready to provide you with secured channels for digital communications.

Other personal information, such as information regarding Website usage (in particular, your device’s IP address, unique identifiers of your mobile device, session duration, used services, activated links and messages etc.) are used, automatically and anonymously, only to consider introducing new features, to improve the quality of the offered services, and to optimise the Website’s usability.

The Website does not process, nor does it convey any content or advertisement designed according to your online behaviour, it does not build a user profile, nor does it track usage of web resources or the email. The Website does not sell, lease, market and/or lend Personal Data to third parties.

The Website keeps Personal Data for as long as it is necessary considering the purpose for which they have been collected or whether required by the law. Once the purpose for Personal Data collection has been fulfilled, or once the period to comply with legal obligations has expired, data will be promptly deleted by the Firm

Data Processors; Access to Data

As part of the management of the Website and related resources (web designs, maintenance, and hosting), the Firm relies on external goods and/or service providers operating in Canton of Ticino (Switzerland), so the relevant data are stored in/accessible only from Canton of Ticino. These external providers have access to data only to the extent necessary to perform their duties correctly and efficiently, subject to the assumption, by agreement, of an obligation of confidentiality and non-use concerning your Personal Data.

The Firm’s email server is managed internally, it is hence accessible only to the Firm’s personnel, as well as to the external IT manager within the scope of system maintenance. The IT manager is based and operates in Canton of Ticino and is subject to confidentiality and non-use of Personal Data.

Email communications

Please note that (i) emails do not guarantee transferred data will remain confidential and intact, (ii) several email providers are based or keep data in countries where personal data laws offer inadequate protection (e.g. the U.S., the updated official list can be downloaded here), (iii) when sent via email, data are transferred and stored in a country whose laws offer inadequate protection.
You agree that the Firm shall submit documents and/or information via regular (non-secured) email, including documents carrying personal and/or confidential information, to the address you provided in addressing your requests via fax, phone, or email. You are fully aware of the abovementioned risks and release the Firm from any liability in the event of unauthorised access by third parties to documents and/or personal and/or confidential information submitted via email by the Firm.

Link to Third Parties’ Resources

The Website may include links to third-party websites, services, and other Internet resources. By no means is the Firm responsible for contents from these websites and resources, their security, and their usability; in particular, the Firm does not review, nor does it make representations regarding third-party privacy and personal data protection.

User Consent

By providing Personal Data, or by using the Website, you agree to the processing of Personal Data in compliance with the law and for the purposes and in the ways provided for or implied in this document.

Security

The Website is protected by reasonable and proportionate security measures as required by the circumstances against unauthorised access to, as well as use, transmission, alteration, loss, or destruction of Personal Data, including technical, physical, and organisational measures. However, considering the Internet is an “open network” by nature, the Firm cannot guarantee, nor does it so, that data is not intercepted or captured by unauthorised third parties.

User Rights

You have the right to verify your Personal Data are correct, as well as to request changes, corrections, and/or updates. You have the right to request in writing to be informed whether, and how, personal information about you is processed. You also have the right to revoke your consent to Personal Data processing. In some particular cases, if required by the law, you may be denied access to data.

F. Cookies

Introduction

Cookies are text files that are deposited in your browser by websites or servers while browsing the Web. Thanks to cookies, websites and servers can detect your browser during an active session and afterwards. Cookies help to improve your experience online, for example by saving your preferences or making sure you do not have to log in each time you switch between pages. Cookies may also be used to track you online, impacting on your privacy.

There are several categories of cookies. Considering who deposits a cookie on your terminal, if it is the owner of the visited website, then it is a “first-party” cookie, while if it is an external website/server (hosted by the visited website), it is a “third-party” cookie.

Considering the duration of a cookie, “session” cookies are deposited upon accessing the website and deleted once you close your browser. “Persistent” cookies, on the other hand, are stored on your device after you close your browser (and until they expire).

Considering the purpose of a cookie, “technical” cookies are different from “profiling” cookies. Technical cookies allow you to browse the web or to use your requested service. They are not used for other purposes and are generally managed by the owner of the website you are browsing. “Analytics” or “statistical” cookies are similar to technical cookies in that they are used directly by the website owner to collect aggregated information on users and their interaction with websites. Profiling cookies are normally third-party cookies used to create a user profile based on their online behaviour and habits to serve them targeted ads.

Website’s Representations Regarding Cookies

The Website uses technical and statistical cookies, whether persistent or session cookies, particularly to personalise the Website’s configuration, maintaining active browsing, and analysing traffic and user usage, as well as for system management purposes (see list below). Collected data are processed anonymously.

The Website does not use profiling and/or tracking first-party cookies. As regards third-party cookies, the Website deploys the following cookies.

Cookie Purpose and Storage Duration of Data

Nome Periodo di attività Funzione
_ga 2 years To differentiate users
_gid 24 hours To differentiate user sessions
_gat 1 minute To measure server requests
__utma 2 years To differentiate sessions and users
__utmt 10 minute To measure server requests
__utmb 30 minute To distinguish new sessions from old sessions

Google Analytics has been configured to submit only your anonymised IP address.

Disabling or Deleting Cookies; Technical Consequences

You may set up your browser to receive cookie alerts or to block cookies (all cookies, or by type or website). Blocking all cookies has an impact also on technical cookies, which may cause limitations in using the Website. You may delete cookies from your browser history, as well as set it up so that cookies are automatically deleted after you close it (suggested option).

By default, browsers accept cookies automatically. You can find instructions on disabling or deleting cookies on your browser’s developer website; here you will find the instructions for the most common browsers: Microsoft Internet Explorer e Edge; Google Chrome; Apple Safari; Mozilla Firefox e Opera .

There are methods to reduce the risk of online tracking, such as:

  • Enabling the DoNotTrack option on your browser (if available)
  • Using “private” or “anonymous” browsing (if available), which prevents cookies from being kept on your device after the browsing session is over

G. Applicable Law and Court

With respect to accessing and using the Website (and its resources), the legal relationship between you and the Firm is governed by Swiss substantive law, excluding private international law.

Any dispute arising from or simply related to using the Website is subject to the exclusive jurisdiction of Pretura di Lugano (Lugano district court, Canton of Ticino). The Firm also reserves the right to appeal to the competent court where the headquarters, the branch or the user’s or client’s permanent address is located.