Politique de confidentialité

Effective from 02.07.2024

NOVAPULSE NUTRITION AG (hereinafter "NOVAPULSE NUTRITION AG," "we," or "us") is committed to processing all personal data (hereinafter "personal data") collected through the portal in accordance with applicable data protection laws and taking appropriate security measures to protect them from unauthorized access. In this privacy policy, we inform you specifically about the personal data collected and processed in connection with the use of the portal, the purposes for which they are used, to whom they may be disclosed, and your rights regarding the use of your personal data by NOVAPULSE NUTRITION AG. Personal data includes any information relating to an identified or identifiable natural person or legal entity, such as name, address, email, date of birth, or telephone number.

This privacy policy is an integral part of the terms of use of NOVAPULSE NUTRITION AG. By accessing the online portal (hereinafter "portal" or "website") and using our offered services and products, you confirm that you have carefully read this privacy policy and agree to the described processing of data. Any questions regarding this privacy policy can be directed to contact@talonlibido.com at any time. If you do not agree with this statement, please refrain from accessing the portal and using our services and products.

1. Responsible

Responsible party within the meaning of data protection legislation is NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen

contact@talonlibido.com
https://novapulse-nutrition.com

HR No. CH-170.3.049.628-4
UID No. CHE-456.108.189

Data Protection Officer: Cyrill Weiss
NOVAPULSE NUTRITION AG determines the purposes and means of processing your personal data and is therefore responsible for processing and using your personal data in accordance with this Privacy Policy. If you have any questions or concerns regarding this Privacy Policy or the processing of your personal data, please feel free to contact us at any time by sending an email to contact@talonlibido.com.

2. Data Processing

All personal data collected through the website will be processed in accordance with Swiss data protection law. We collect and process personal data carefully and for the purposes described in this privacy policy. In accordance with applicable law, we may also use your personal data in ways not described in this privacy policy.

In such cases, we will provide specific privacy statements or notices at the time of collection and, if necessary, obtain your consent. We always strive, to the extent reasonably possible, to collect information in anonymized or pseudonymized form so that we cannot identify your identity.

3. Collection of Personal Data and Purposes of Data Processing

3.1 Automatically transmitted personal data about the use of the portal.
NOVAPULSE NUTRITION AG collects and stores information that your browser automatically transmits to us when you visit our website, in "server log files". This personal data is collected automatically and may include, for example:

• Used IP address (potentially in anonymized, abbreviated form), date and time stamps, used web browser and operating system, language and version of the browser software, accessed websites, and the amount of data transferred.

This personal data is not merged with other personal data and is kept separate from any additional personal data transmitted by the user. It will be deleted by us at the latest after six months.

NOVAPULSE NUTRITION AG uses the automatically collected personal data for the following purposes:

• Enabling the display, operation, and functionality of the portal
• Ensuring the stability and security of the system
• Improving and protecting our services
• For statistical purposes in case of attacks on the network infrastructure on which the website is provided

3.2 Personal data submitted by the user
NOVAPULSE NUTRITION AG collects and processes personal data voluntarily provided by the user via online forms directly on the portal, through our contact email address, through any other applications associated with the portal, by telephone, or in any other way to NOVAPULSE NUTRITION AG. This information may include, for example, the following personal data:

• Names, first names, postal addresses, email addresses, telephone numbers, date of birth, gender.

The provision of this personal data is expressly voluntary. However, without this personal data, we will not be able to provide the services requested by the user.

NOVAPULSE NUTRITION AG uses the personal data provided by the user for the following purposes:

• Providing, maintaining, protecting, and optimizing the offered services and information
• Communicating with you and providing you with the best possible and personalized information you need from us (e.g., about our products and services)
• Offering you new services and information and proposing services and information tailored to you based on your profile that may be of interest to you
• Compliance with legal or other regulatory requirements and internal regulations
• Establishing, exercising, and/or defending actual or potential legal claims, investigations, or similar proceedings
• For other lawful purposes as may arise from the circumstances or as indicated at the time of collection

3.3 Legal bases for data processing

• Your consent, which can be revoked at any time (e.g., when you subscribe to our newsletter and other marketing communications)
• For the performance of a contract with you or for the intention to enter into a contract with you (e.g., when purchasing a product)
• To comply with a legal obligation (e.g., for tax reasons or for the purpose of judicial investigations or proceedings)
• To safeguard our legitimate interests (e.g., protection and security of our services, systems, assets; compliance with legal, regulatory, and contractual obligations; assertion, exercise, or defense of legal claims; maintenance and efficient organization of business operations; improvement and development of our services as well as sales and marketing of our services)

If the processing is based on your consent or our legitimate interests, you may revoke your consent or object to such processing at any time by contacting us directly at contact@talonlibido.com. Please note, however, that the revocation of your consent does not affect the lawfulness of processing based on consent before its withdrawal.

4. Recipients of Personal Data

NOVAPULSE NUTRITION AG takes necessary measures to ensure that only our authorized personnel and assistants who have the required knowledge have access to your personal data to fulfill the purposes for which your personal data were collected.

We may disclose your personal data to the following potential categories of recipients, as necessary for the intended data processing purposes and legal bases described above:

• Experts and other service providers of NOVAPULSE NUTRITION AG as part of a request
• Service providers who process personal data on behalf and under the instructions of NOVAPULSE NUTRITION AG (so-called processors, such as those in IT, hosting, and support)
• Other business partners and assistants (e.g., lawyers)
• Authorities, public bodies, courts, or other governmental institutions
• Social media platforms
• Other parties involved in potential or actual legal proceedings

We carefully select our partners and processors and ensure that they implement suitable technical and organizational measures in compliance with legal requirements.

Our processors may only process personal data upon documented instruction from us.

They are bound by confidentiality requirements and may only use your personal data to the extent necessary to fulfill the purposes for which your personal data were collected, unless otherwise required by law.

5. Transfer of Personal Data Outside the EU/EEA

The personal data collected through our website is stored in Switzerland. Additionally, we may transfer, store, and process your personal data at locations worldwide, including where our third-party providers or partners are located. Therefore, we may transfer your personal data outside the European Economic Area (EEA) when necessary for the data processing described in this privacy policy and in accordance with applicable law.

When transferring data to countries that do not provide an adequate level of protection, we ensure adequate data protection by implementing suitable safeguards, such as contractual guarantees (e.g., based on EU Standard Contractual Clauses), based on Binding Corporate Rules, transferring data based on your explicit consent, for the conclusion or performance of a contract with you, or in connection with establishing, exercising, or defending legal claims. For further information about our adequate security measures, please contact us via email at contact@talonlibido.com.

6. Duration of Personal Data Storage

Generally, personal data will be deleted as soon as they are no longer necessary for the purpose for which they were collected, unless a longer retention period is required to fulfill legal obligations (e.g., retention and documentation obligations), contractual or pre-contractual obligations, or legitimate business interests of ours (e.g., to assert, exercise, or defend legal claims).

Based on this, we typically process personal data in accordance with the following rules and obligations:

• Personal data automatically transmitted by you through the use of our portal (see Section 3.1.) for the purpose of display, operation, and ensuring the functionality of the portal will be deleted within three to six months.
• Personal data provided by you to us in connection with the use of our services and products offered on our portal or transmitted to us through the email contact address (see Section 3.2.) will generally be retained by us until you request deletion, withdraw your consent for storage, or the purpose for data storage no longer exists (e.g., after completion of processing your request).
• For contract-related personal data (including business records and communications), we store personal data for the duration of the contractual relationship and for ten additional years after termination of the contractual relationship, unless (i) a shorter or longer statutory retention obligation applies in individual cases, (ii) retention is required for evidentiary purposes or another compelling reason under applicable law, or (iii) data deletion is required earlier (e.g., because the data are no longer needed or we delete the corresponding data).

9. Notice of Defects/Warranty

NOVAPULSE NUTRITION AG warrants that the goods correspond to the agreed specifications and do not have any defects that impair their value or suitability for the intended use.

Upon receipt of the products, the customer must promptly inspect them for accuracy, completeness, and any possible damage. Errors or damages must be reported to NOVAPULSE NUTRITION AG within 5 working days.

Defects that could not be detected during proper inspection and arise later must be promptly notified in writing upon discovery. Failure to inspect or promptly report a defect will be deemed as approval of the product, and you will no longer be entitled to make claims against us.

The statutory warranty provisions apply for manufacturing defects/material or production defects. The warranty period is 2 years from receipt of the product. Products damaged due to the purchaser's fault or no longer in their original packaging are excluded from warranty.

The customer's warranty claims are limited to replacement delivery or defect rectification/repair, excluding all other claims, especially reduction in price or compensation for indirect or consequential damages. NOVAPULSE NUTRITION AG decides at its own discretion whether to provide replacement delivery or repair.

If replacement delivery or repair fails, the customer is entitled to withdraw from the contract in case of significant defects.

For notification of complaints or service inquiries, please contact us at the following address with the order number, customer number, a description of the error, and any other helpful information:

NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen, contact@talonlibido.com

The defective product must be returned to the above address of NOVAPULSE NUTRITION AG with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. Please obtain confirmation of your return and keep this confirmation, as your warranty claim cannot be processed in case of package loss.

10. Registration for an Account

When registering a customer account, you can view information about your completed, open, and recently shipped orders, manage and save your address information, any payment details, and optionally subscribe to a newsletter. Since your data is stored, you won't need to enter it again when making future purchases.

By registering for such an account, you are responsible for providing accurate and complete personal data required for registration.

You are obligated to keep your personal access data confidential and not disclose it to unauthorized third parties. NOVAPULSE NUTRITION AG ensures to treat your data confidentially and not to disclose it to unauthorized third parties. For more information on data protection, please refer to our privacy policy.

Registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and warn, block, delete, or modify the content of registered customers who violate these terms and conditions or individual agreements.

NOVAPULSE NUTRITION AG is not obligated to accept the registration or order of a registered customer.

11. Complaints

We place great importance on customer satisfaction. You can reach us at any time using the contact information provided above. We endeavor to review your inquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have complaints or grievances, please assist us by detailing the exact issue or symptoms of the problem and, if applicable, providing a copy of the order documents or at least specifying the order number, customer number, etc. We aim to respond to you within 5 working days.

12. Liability

NOVAPULSE NUTRITION AG shall be liable for damages caused by its own intentional misconduct or gross negligence in breach of its obligations under these terms and the contractual relationships based thereon. Liability for slight and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort, or any other legal theory, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, damage to reputation, damages caused by computer viruses, or data loss due to temporary impairments or interruptions in the availability of services provided by NOVAPULSE NUTRITION AG. Furthermore, NOVAPULSE NUTRITION AG assumes no contractual or extra-contractual liability for damages caused by auxiliary persons engaged to perform the service.

The above exclusions and limitations of liability shall not apply in cases of intentional or grossly negligent breach directly attributable to NOVAPULSE NUTRITION AG resulting in injury to life, body, or health, or in cases governed by mandatory legal provisions, including those of product liability laws.

Subject to the foregoing, the total liability under these terms, regardless of the cause, and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.

Events Beyond Our Control

In the event of circumstances beyond our control and outside our sphere of influence (force majeure), we assume no liability or responsibility for non-performance or delayed performance of any obligations under these terms and the contractual relationship based thereon. Such circumstances beyond our control include, but are not limited to:

• Strikes, lockouts, or other industrial actions by third parties
• Invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters
• Failure of public or private communication networks or the inability to use railways, shipping, air, road transport, or other means of public or private transport.

In the event of circumstances beyond our control affecting the fulfillment of our obligations under the contract, we will inform you at the earliest opportunity.

13. Data Protection

NOVAPULSE NUTRITION AG collects and processes personal data only within the framework of legal provisions, particularly in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related inquiries can be found in our privacy policy, which constitutes an integral part of these terms and conditions.

14. Copyright

The information and content published on the website are protected by copyright and are the property of NOVAPULSE NUTRITION AG or the respective rights holder. Reproduction, modification, distribution, or any other form of exploitation is not permitted without the prior written consent of the respective rights holder. NOVAPULSE NUTRITION AG and the corresponding rights holder expressly reserve all rights in this regard.

15. Severability Clause

If any provision of these terms and conditions is found to be unlawful, invalid, or unenforceable for any reason, that shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be replaced by an effective provision that best reflects the economic purpose of the original provision and the intent of the parties at the time of entering into the contract. The same applies to any potential gaps in these terms and conditions.

16. Online Dispute Resolution

The European Commission has established an online platform for alternative dispute resolution (ADR) for consumers residing in the EU. This platform offers an out-of-court procedure for resolving disputes related to and arising from online sales contracts. You can use this platform to resolve disputes that arise from the online contract concluded with us. The platform is available at the following link:

http://ec.europa.eu/consumers/odr/

17. Applicable Law and Jurisdiction

These terms and conditions, the contractual relationships based on them, and any disputes shall be governed exclusively by substantive Swiss law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural and legal persons shall be the registered office of NOVAPULSE NUTRITION AG. These provisions apply only insofar as there are no mandatory provisions of the law of the state in which the consumer has their habitual residence that would take precedence over these terms and conditions.

18. Withdrawal Form

Sample cancellation form for physical products

If you wish to cancel the contract, please fill out this form and send it back to:

NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen, Switzerland, contact@novapulse.com

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods:

• Ordered on/received on*
• Order number
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

Ordered on: ____________________________      Received on:
Name of the consumer(s):
Address of the consumer(s):
City and Date:
Consumer's Signature: