The present General Conditions of Use and Protection of Personal Data govern the terms and conditions of use of the website www.lsmile.ch www.lsmile.ch and in particular the use of the online appointment booking service provided by Lausanne Smile Clinic SA, which manages the aforementioned website. They are intended for a Swiss audience.

1. DEFINITIONS

The following terms have the following meaning for all the provisions of these general terms of use and personal data protection:

“General Conditions”: the present general conditions of use and protection of personal data.

“Site”: refers to the website https://www.lsmile.ch

“Company”: Lausanne Smile Clinic SA, Rue Marterey 5, 1005 Lausanne.

“User”: any person consulting and/or using the Site.

“Practitioner”: a health professional working for the Company.

“Service”: the online appointment booking service made available to Users on the Site.

2. ACCEPTANCE OF THE GENERAL CONDITIONS

By consulting the Site, and more particularly by using the Service offered by the Company, the User accepts without reservation the General Conditions. He declares and acknowledges having read them in their entirety. The Company reserves the right to modify all or part of the General Conditions at any time.

In the event of non-compliance by the User with the General Terms and Conditions, the Company reserves the right to suspend without notice the Service and/or to refuse the User access to the Service and the Site. The User acknowledges that any use of the Site or the Service in violation of the law or the General Terms and Conditions may result in civil and/or criminal legal proceedings and the payment of damages.

3. USE OF THE SITE AND LIMITATION OF LIABILITY

• Responsibility of the User:

The User undertakes to consult and use the Site in accordance with the legal framework.

The User declares that he/she is fully aware of the characteristics and limitations of the Internet. In particular, the User acknowledges that it is impossible to guarantee that the data transmitted via the Internet will be entirely secure. The Company cannot be held responsible for any incidents that may arise from this transmission. The User therefore communicates them at his own risk. The Company can only provide the guarantee that it uses all the means at its disposal to ensure maximum security.

The User expressly acknowledges and agrees to use the Site at his/her own risk and under his/her sole responsibility.

• Availability of the Site and the Service:

The Site and the Service are accessible to the User in a secure manner via the Internet and require the availability of access to the Internet by any means at the User’s choice, charge and expense. The proper functioning of the Site and the Service is subject to the conditions of access to the Internet by the User. The Company shall not be held responsible for the malfunctioning of the Site or the Service and its consequences resulting from a malfunction, restricted or degraded access to the Internet.

In general, the Company does not guarantee that :

• the functionalities of the Site and the Service will satisfy all the User’s needs;
• the Site and/or the Service will function normally when used in combination with other applications, software or other components installed or synchronised with the User’s equipment/hardware;
• the Site and/or the Service will be free of errors or malfunctions.

The Company makes every effort to make its Site and Service available 24 hours a day, 7 days a week. However, given the specific characteristics of the Internet network, the Company offers no guarantee of continuity of service, being bound in this respect only by an obligation of means. The Company cannot be held liable for any damage caused by the temporary or permanent impossibility of accessing the Site or the Service.

All the information contained on the Site may be modified at any time, given the interactivity of the Site, without the Company being liable for this.

• Hypertext links to other websites

The Site may contain hypertext links to other websites. The User visits these sites under his or her sole and entire responsibility. The Company cannot be held responsible for the content of these third-party sites, in the event that a User suffers damage as a result.

• No contractual guarantee

The User acknowledges that the photographs on the Site are not contractual and do not represent any guarantee in relation to the services provided by the Company, respectively the Practitioner.

4. DESCRIPTION AND TERMS OF USE OF THE SERVICE

• Description of the Service

The Service makes it easier for the User to make an appointment with a Practitioner by allowing him to choose, directly on the Site, a time slot for a defined service.

Each appointment made on the Site by the User is immediately transmitted to the Practitioner. The User receives confirmation of the appointment by SMS and/or electronic message (email). The appointment is only deemed to be booked after confirmation of the latter. In the absence of confirmation, the appointment is not guaranteed and is not binding on either the Company or the Practitioner.

Any confirmed appointment is binding on the User to the Company or the Practitioner respectively, subject to the provisions set out below.

• Free of charge service

The Service is free of charge. However, the services provided by the Company or the Practitioner will be charged for in accordance with the separate agency agreement between the User and the Company or the Practitioner. Payment for these must be made at the end of the appointment in cash or by credit card.

• Cancellation / no-show

Any appointment made using the Service may be cancelled up to 24 hours in advance by contacting the Company by email (info@lsmile.ch) or telephone (021 312 10 00).

If the User does not show up or cancels less than 24 hours in advance of the appointment made using the Service, the services that should have been provided on this occasion may be invoiced to the User by the Company, respectively the Practitioner.

Failure to keep an appointment made using the Service on more than three occasions may result in the Company prohibiting the User from using the Service.

• Disclosures and Disclaimer of Warranties in connection with the Service

The User authorises the Company to send SMS and email messages to the User for the purpose of delivering information about appointments booked on the Website, including confirmation of the appointment and any reminders regarding the appointment. He acknowledges that these functions are provided by third parties and that no guarantee can be provided by the Company concerning the effective transmission of the SMS and electronic messages to their recipient, the transmission times and the integrity of the data. He expressly authorises the processing of his personal data by these third parties (see also section 5).

5. PROTECTION OF PERSONAL DATA

The protection of the User’s privacy and personal data is of utmost importance to the Company.

• • Personal data collected

The Company collects the following data when using the Site:

• IP address (virtual address of the computer) as well as the provider of this address
• Approximate geolocation (Country / Canton / City)
• Internet browser version and language
• Method of access to the Site
• Extensions installed and active on the web browser
• Type of device used (mobile / computer), its operating system and screen resolution
• Number of visits, time, date and time of each visit, pages consulted during the visit

The company also collects the following personal data when using the contact form or the Service. This data is provided directly by the User:

• Name and first name
• Address (only for the Service)
• Email address
• Telephone number
• If the User is already a patient of the Company or of a Practitioner (not required; only for the Service)

The User guarantees the accuracy, truthfulness and completeness of the data provided to the Company.

• Use and storage of data

Personal data is collected solely for the purpose of optimising the use of the Website and the provision of the Service.

The data collected in the context of the use of the Service is intended to transmit to the Company, respectively to the Practitioner, the information necessary for the setting of the appointment made by the User, for its confirmation and for its recall.

The data collected via the contact form is intended to enable the Company to identify and respond to the User.

The data collected in the context of the use of the Site is used solely for statistical purposes and in an anonymous manner.

The data collected is kept only for as long as is necessary to pursue the above-mentioned purposes.

• Disclosure to third parties and abroad

The personal data collected will not be communicated by the Company to third parties, with the exception of its auxiliaries and subcontractors commissioned to set up and use the Site and the Service. These third parties are subject to the same obligations of personal data protection and confidentiality as the Company and may only process the personal data collected for the purposes mentioned in point 5.2. Any legal or judicial obligation to communicate the collected data is reserved.

Personal data shall not be disclosed to any foreign country by the Company, unless, for example, the e-mail address provided and chosen by the User has servers located abroad or the User’s telephone number or address is from abroad. The User then expressly authorises this transfer, even to countries that do not guarantee an equivalent level of protection, provided that the choice of these third-party suppliers is his responsibility.

The Company is not responsible for any processing of personal data by third parties not commissioned by it, such as the web/email host or the telephone operator chosen by the User. The User acknowledges and expressly accepts the processing of personal data by these third parties and in accordance with their personal data protection policies, with any liability on the part of the Company being expressly excluded. The User also accepts that the security and confidentiality of the data cannot be guaranteed by the Company in this respect, as it is not linked to these third parties.

The Company shall do its utmost to ensure that the security and confidentiality of personal data is safeguarded. However, the User acknowledges that the Company cannot guarantee the security and confidentiality of communications by unencrypted e-mail or SMS.

• Responsibility for processing personal data and right of access

The Company is responsible for the processing of the aforementioned personal data. Any User has a right of access to his/her personal data which can be exercised by contacting :

Lausanne Smile Clinic SA

Rue Marterey 5

1005 Lausanne

021 312 10 00

info@lsmile.ch

6. INTELLECTUAL PROPERTY Protection of the Site

The general structure of the Site, as well as its content (texts, slogans, graphics, images, photos and other content), are the property of the Company or its licensors. Any representation, reproduction, modification, distortion and/or exploitation of the Site, its content or the Service, in whole or in part, by any process whatsoever and on any medium whatsoever, without the Company’s express prior authorisation, is prohibited.

• Protection of all distinctive elements present on the Site

All elements (including trademarks, logos, company names, acronyms, trade names, signs, images, videos, sound elements, the Company’s domain name, code, etc.) contained on the Site are distinctive signs that cannot be used without the express prior authorisation of their owner. Any use of these distinctive signs is therefore prohibited.

7. FINAL PROVISIONSEntirety of the contract

In the event that one or more of the clauses of the General Conditions is/are null and void or ineffective under the applicable law, this nullity or invalidity of the effects shall have no influence on the rest of the clauses, and the null and void clause shall be replaced by another valid and effective clause that corresponds as closely as possible to the economic objective of the null and void clause.

• Applicable law and jurisdiction

Swiss law applies to the General Terms and Conditions. The exclusive place of jurisdiction for all disputes arising in connection with the Terms and Conditions, the use of the Website and the Service is the Company’s registered office.

• Contact

If you have any questions or suggestions in relation to the General Terms and Conditions, you can contact
Lausanne Smile Clinic SA
Rue Marterey 5
1005 Lausanne
021 312 10 00
info@lsmile.ch

Last updated on 23.12.2022