Legal Notice
Terms & Conditions | Privacy policy

Terms and conditions

These general conditions came into force on July 03, 2019. By connecting to the Switchy solution operated by OBY SAS, you unreservedly accept all of our terms and conditions below.

1. Object

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and OBY SAS, operating the product Switchy, located at 176 Avenue Charles de Gaulle, Neuilly-sur-Seine, 92200 France (Switchy, Oby, we, us, the company), concerning your access to and use of the Switchy (https://switchy.io) website as well as any related applications (the Site).

They are particularly accessible and printable at any time by a direct link at the bottom of the site's home page.

The Site provides the following services: online smart retargeting URLs Shortener (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

They may be supplemented, where appropriate, by special conditions of use for certain Services. In case of contradiction, the special conditions take precedence over these general conditions.

1.2 The supplemental policies set out in Section 1.5 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5 Additional policies which also apply to your use of the Site include:

  • Our Privacy Notice https://switchy.io/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and conditions of supply https://switchy.io/pricing.

1.6 Access to the website and Services: services are available, subject to restrictions on the website:

  • to any natural person with full legal capacity to engage under these terms and conditions.

  • a natural person who does not have full legal capacity can only access the Site and Services with the consent of his legal representative and/or to any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

2. Acceptance of general conditions

Acceptance of these terms and conditions is indicated in the registration / Sign up form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

3. Registration on the website

3.1 The use of Services site that the user becomes visible on the site, using the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated. The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), Giving him access to a personal space (hereinafter: "Personal space") Which allows him to manage his use of the Services in a form and according to the technical means that Switchy judge the most appropriate to render such Services.

3.2 The User warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.

3.3 He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria

3.4 The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

3.5 The User can access his Personal Space at any time after identifying himself with his login and password. The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

3.6 He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact Switchy at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes Switchy's right to take all appropriate measures in such cases.

4. Paid services

The Services are provided for a monthly paid amount defined in Pricing page.

4.1 The price of services is indicating on the site. Unless otherwise noted, they are expressed in euros and excluding French taxes. Switchy reserves the right, at its discretion and according to the terms of which it will be the sole judge, to propose promotional offers or price reductions.

4.2 The price of Services may be subject to revision by Switchy at any time, at its free discretion. The User will be informed of these changes by Switchy by email under 15 days’ notice at least before the entry into force of the new pricing. The User who does not accept the new prizes must terminate his use of the Services in accordance with the m modalities provided for in article 18. Otherwise, it will be deemed to have accepted the new rates.

4.3 The Services are the subject of invoices which are communicated to the User by any useful means.

4.4 Terms of payment for the price of the Services are described on the site. Payment is made by direct debit from the credit card number of the User. Payment can be made online by credit card, through the secure online payment service indicated on the Site: Stripe

The levy is implemented by the payment provider designated on the site, which alone retains the bank details of the User for this purpose. Switchy does not keep any bank details.

The User guarantees Switchy that he has the necessary authorizations to use the payment method chosen. He undertakes to take the necessary measures so that the automatic withdrawal of the price of the Services can be made.

4.5 The User is informed and expressly agrees that any late payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice.

(i) the forfeiture of the term of all sums due by the User and their immediate payment;

(ii) the immediate suspension of the Services in progress until full payment of all the sums due by the User

(iii) billing for the benefit of Switchy late payment interest at the rate of 20 per cent the legal interest rate, based on the amount of all the sums due by the User.

5. Obligations of the User

Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations:

5.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5.2 The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. The responsibility of Switchy will in no case be engaged in this respect.

5.3 The User acknowledges having read on the site the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.

5.4 The User is informed and agrees that the implementation of Services site whether connected to the internet and the quality of services depends directly on the connection, which he alone is responsible.

5.5 The User is also solely responsible for the relations that he may establish with the other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy.

5.6 The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

5.7 The User undertakes to provide Switchy with all the information necessary for the proper execution of the Services. More generally, the User agrees to actively cooperate with Switchy with a view to the proper execution of these presents.

The User is solely responsible for the contents and redirection made of any kind (redactional, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the site) that it disseminates within the scope of the Services (hereinafter: the " contents").

It guarantees to Switchy that it has all the rights and authorizations necessary for the diffusion of these Contents.

It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of Switchy.

5.8 As a user of this Site, you agree not to:

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

  • Use a buying agent or purchasing agent to make purchases on the Site

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

  • Make improper use of our support services, or submit false reports of abuse or misconduct

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

  • Engage in unauthorized framing of or linking to the Site

  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

  • Attempt to impersonate another user or person, or use the username of another user

  • Sell or otherwise transfer your profile

  • Use any information obtained from the Site in order to harass, abuse, or harm another person

  • Use the Site or our content as part of any effort to compete with us or to create a revenue- generating endeavor or commercial enterprise

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

  • Attempt to access any portions of the Site that you are restricted from accessing

  • Delete the copyright or other proprietary rights notice from any of the content

  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

  • Use the Site in a manner inconsistent with any applicable laws or regulations

  • Misrepresent experience, skills, or information about a User

  • Advertise products or services not intended by us

  • Create & Share phishing links, virus etc.

  • Falsely imply a relationship with us or another company with whom you do not have a relationship

  • It is strictly forbidden for users to copy and / or divert their goals or those of third concept, technology or any other element of the site Switchy.

  • Are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Switchy's systems , (iii) any diversions of system resources from the site , (iv) ) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests Switchy to or users of its site, and finally more generally (vii) any breach of these terms.

  • It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as the information that is hosted and / or shared.

5.9 The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.

5.10 The User is informed and agrees that the implementation of Services site whether connected to the internet and the quality of services depends directly on the connection, which he alone is responsible.

6. User's Warranty

The User warrants Switchy against all complaints, claims, actions and / or any claims that Switchy may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions.

7. Prohibited behavior

7.1 It is strictly forbidden to use the Services for the following purposes:

  • the performance of illegal, fraudulent or infringing activities or the rights of third parties,

  • the breach of public order or the violation of the laws and regulations in force,

  • the intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,

  • manipulations intended to improve the referencing of a third-party site,

  • the assistance or inducement, in any form or manner, to one or more of the acts and activities described above,

  • and more generally any practice diverting the Services for purposes other than those for which they were designed.

7.2 The User is forbidden to use Switchy to create shortened URLs or URLs redirection to:

• Pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist content,

• Counterfeit Content,

• Attempted content in the image of a third party,

• False, misleading or proposing or promoting illegal, fraudulent or deceptive content,

• Content that is harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),

● Phishing website, virus etc.

• and more generally Content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.

8. Penalties for breaches

In case of breach of any of the provisions of these terms and conditions or more generally, violation of laws and regulations in force by a User, Switchy reserves the right to take any appropriate measure including:

(i) suspend or delete access to, or participation in, the Services of the User, the author of the breach or offense,

(ii) delete any content, URLs created, posted & created with the services,

(iii) publish on the site any information message that Switchy deems useful,

(iv) notify any relevant authority,

(v) initiate any legal action.

We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

In the case where the Company has suffered loss/damage or has been charged an expense(including but not limited to lawyer's fees)directly or indirectly(including but not limited to cases where the Company has been sued for damages by a third party)due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.

These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at contact@switchy.io.

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason set out in this Terms, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. Switchy's liability and warranty

9.1Switchy undertakes to provide the Services diligently and according to the rules of the art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and expressly accept.

9.2Switchy is not aware of the Content posted by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it intervenes only as a hosting provider.

Accordingly, Switchy cannot be held responsible for the Content, whose authors are third parties, any potential claim to be directed in the first place to the author of the Content in question.

The Content harmful to a third party may be notified to Switchy in the manner provided for by Article 6 I 5 of Law no. 2004-575 of 21 June 2004 for confidence in the digital economy, Switchy reserving the right to take the measures described in Article 12.

9.3Switchy declines any responsibility in case of possible loss of the information accessible in the User's Personal Space, the latter having to save a copy and not being able to claim any compensation in this respect.

9.4Switchy undertakes to conduct regular checks to verify the operation and accessibility of the site. As such, Switchy reserves the right to temporarily interrupt access to the site for maintenance reasons. In the same way, Switchy cannot be held responsible for the temporary difficulties or impossibilities of access to the site which would be due to external circumstances, force majeure, or which would be due to disturbances of the telecommunication networks.

9.5Switchy does not guarantee to Users (i) that the Services, subject to constant research to improve its performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.

9.6 In any event, the liability liable to be incurred by Switchy under the terms hereof is expressly limited to proven direct damages suffered by the User.

10. Intellectual property

The systems, software, structures, infrastructures, databases and contents of any nature (texts, images, visuals, music, logos, brands, database, etc. ...) used by Switchy within the site are protected by all rights of intellectual property or rights of database producers in force. Any disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Switchy are strictly prohibited and may be subject to prosecution.

11. Information you provide to us

11.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at contact@switchy.io.

11.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

11.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

11.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to contact@switchy.io or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.

12. Content you provide to us

12.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

12.2 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy .

12.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

12.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

12.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values

12.6 If you wish to complain about User Content uploaded by other users please contact us at contact@switchy.io or use the take down or report button.

13. Publicity & refecences

Switchy reserves the right to insert on any page of the website and in any communication to Users any advertising or promotional messages in a form and under conditions of which Switchy will be the only judge.

14. Our content

14.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

14.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

14.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

14.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

14.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

14.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

14.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

15. Link to third party content

15.1 The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

15.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

16. Modifications to and availability of the Site

16.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

16.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

16.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

17. Duration of Services, unsubscription

Services are underwritten for an indefinite period.

The User may unsubscribe from the Services at any time, by sending a request to this effect to Switchy by email, at the coordinates mentioned at the ends or via the website in the Settings tabs.

The unsubscription is effective immediately. It automatically deletes the User Account and links.

18. Language

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

19. General

19.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

19.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

19.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

19.4 We may assign any or all of our rights and obligations to others at any time.

19.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

19.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

19.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

19.8 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

19.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at contact@switchy.io or by post to:

OBY SAS, 176 Avenue Charles de Gaulle Neuilly-sur-Seine, 92200 France

20. Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of any dispute as to the validity, interpretation and / or performance of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to try them, except in the case of contrary mandatory rules of procedure.

Privacy notice

Last updated August 12, 2019

Thank you for choosing to be part of our community at OBY SAS, doing business as Switchy (“Switchy”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at contact@switchy.io.

When you visit our website https://switchy.io, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.

This privacy policy applies to all information collected through our website (such as https://switchy.io), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Sites").

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

What information do we collect?

Personal information you disclose to us

We collect personal information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

Social Media Login Data. We provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "how do we handle your social logins" below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Information collected from other sources

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

How do we use your information?

We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process.If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. See the section below headed "how do we handle your social logins" for further information.

To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "what are your privacy rights" below).

Tosend administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites.

To post testimonials. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at contact@switchy.io and be sure to include your name, testimonial location, and contact information.

Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.

Request Feedback. We may use your information to request feedback and to contact you about your use of our Sites.

To protect our Sites. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).

To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

To enforce our terms, conditions and policies.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

Will your information be shared with anyone?

We may process or share data based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

    Who will your information be shared with?

We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

  • Advertising, Direct Marketing, and Lead Generation

       Google AdSense, Facebook Audience Network, Bing Ads, Quora Ads,    Pinterest Ads,  Twitter Ads, Linkedin Ads and Snapchat  Ads
    
    • Communicate and Chat with Users
       Facebook Customer Chat, SendinBlue, Intercom and HubSpot Email
      
    • Content Optimisation
       Google Site Search and YouTube video embed
      
    • Data Backup and Security
       Google Cloud Plateform
      
  • Functionality and Infrastructure Optimisation

       Google Cloud Storage and Firebase Legacy
    
  • Invoice and Billing
       Stripe 
    
  • Retargeting Platforms
       Twitter Remarketing, LinkedIn Website Retargeting, Facebook Custom    Audience, Google Ads Remarketing , Google Analytics
    
    Remarketing, Bing Ads, Pinterest Ads and Quora Ads
  • Social Media Sharing and Advertising
       Facebook advertising, Twitter advertising, LinkedIn advertising and    Instagram advertising
    
  • User Account Registration and Authentication
       Firebase Authentication
       **Website Hosting**
       Roast and Firebase
    

Do we use cookies and other tracking technologies?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

How do we handle your social logins?

Our Sites offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Sites. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

How long do we keep your information?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

How do we keep your information safe?

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

Do we collect information from minors?

We do not knowingly solicit data from or market to children under 13 years of age. By using the Sites, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Sites. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 13, please contact us at contact@switchy.io.

What are your privacy rights?

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • contact information provided.

  • Log into your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. To opt-out of interest-based advertising by advertisers on our Sites visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may contact us using the contact information provided.

Controls for do-not-track features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not- Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

Do california residents have specific privacy rights?

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.

Do we make updates to this policy?

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

How can you contact us about this policy?

If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Florent Clapié, by email at florent@switchy.io, or by post to:

OBY SAS Florent Clapié 176 Avenue Charles de Gaulle Neuilly-sur-Seine, 92200 France