Your agency for media presence

Media relations: personal, measurable, high quality

Imprint, data protection & GTC

Imprint

Contact address

Brilliance PR
Hagenholzstrasse 94
8050 Zurich
Switzerland

E-mail: info@brilliancepr.ch
Website: https://brilliancepr.ch

Commercial register 

Registered company name: Brilliance PR by Laura Gialluca
UID, commercial register no.: CHE-271.884.934

Persons authorized to represent the company
Laura Gialluca, owner

Data protection

The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is

Brilliance PR
Hagenholzstrasse 94
8050 Zurich
Switzerland

E-mail: info@brilliancepr.ch
Website: www.brilliancepr.ch

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

In cooperation with our hosting providers, we endeavor to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR, insofar as the EU GDPR is applicable:

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the performance of a contract with the data subject and for the implementation of corresponding pre-contractual measures.
  • lit. c) Processing of personal data to fulfill a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is fully or partially applicable.
  • lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
  • lit. f) Processing of personal data to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific user-related information on the user's device while they are using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze the behavior of page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be called up again when you visit the site again. If you do not wish this to happen, you should set your Internet browser to refuse to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this website.

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Privacy policy for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.

Third party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos.

These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website.

Google has undertaken to guarantee appropriate data protection in accordance with the US-European and US-Swiss Privacy Shield.

Further information can be found in the Privacy policy of Google.

Privacy policy for contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the "unsubscribe link" in the newsletter.

Chargeable services

For the provision of chargeable services, we request additional data, such as payment details, in order to process your order. We store this data in our systems until the statutory retention periods have expired.

Use of Google Maps

This website uses Google Maps. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently. When you visit the website, Google receives the information that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and its processing by Google, as well as further information on your rights in this regard and settings options to protect your privacy, please refer to the Privacy policy of Google.

Google AdWords

This website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this - for example, by setting your browser to generally deactivate the automatic setting of cookies or to set your browser so that cookies from the domain "googleleadservices.com" are blocked.

Please note that you may not delete the opt-out cookies as long as you do not wish measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

Use of Google reCAPTCHA

This website uses the reCAPTCHA service provided by Google Inc (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The query serves the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The query includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. Your data may also be transmitted to the USA. An adequacy decision by the European Commission, the "Privacy Shield", is in place for data transfers to the USA. Google participates in the "Privacy Shield" and has submitted to the requirements. By activating the query, you consent to the processing of your data. The processing is carried out on the basis of Art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

You can find more information about Google reCAPTCHA and the associated privacy policy at: https://policies.google.com/privacy?hl=de

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your use in the settings there under "My data", "Personal data".

The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" to ensure an anonymized collection of IP addresses. As a result, IP addresses are further processed in abbreviated form, so that they cannot be linked to a specific person. If the data collected about you is personally identifiable, it is immediately excluded and the personal data is deleted immediately.

Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This stores an opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set for each browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

Privacy policy for Google Ads

This website uses the online marketing tool Google Ads from Google ("Google Ads"). Google Ads uses cookies to display ads that are relevant to users, to improve campaign performance reports or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to record which ads are displayed in which browser and can thus prevent them from being displayed more than once. In addition, Google Ads can use cookie IDs to record so-called conversions that are related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later visits the advertiser's website with the same browser and makes a purchase there. According to Google, Google Ads cookies do not contain any personal information.

Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that Google will find out your IP address and store it.

You can prevent participation in this tracking process in various ways:

  • by setting your browser software accordingly; in particular, the suppression of third-party cookies means that you will not receive any ads from third-party providers;
  • by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com", https://adssettings.google.comThis setting is deleted when you delete your cookies;
  • by deactivating the interest-based ads of providers that are part of the "About Ads" self-regulation campaign via the link https://www.aboutads.info/choicesThis setting is deleted when you delete your cookies;
  • by permanently deactivating it in your Firefox, Internet Explorer or Google Chrome browsers under the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all the functions of this website to their full extent.

The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data as described above does not conflict with any overriding interests on your part (Art. 6 para. 1 sentence 1 lit. f GDPR). You can find more information about Google Ads from Google at https://ads.google.com/intl/de_DE/home/and on data protection at Google in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at https://www.networkadvertising.org visit.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus, for example, integrate Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process any personal user data. With regard to the processing of users' personal data, please refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Privacy policy for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already transmitted to Facebook in the process. If you have a Facebook account, this data can be linked to it. If you do not wish this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking on a "Like" or "Share" button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.

Privacy policy for Twitter

This website uses functions of Twitter, Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you access our pages with Twitter plug-ins, a connection is established between your browser and the Twitter servers. Data is already transmitted to Twitter. If you have a Twitter account, this data can be linked to it. If you do not wish this data to be associated with your Twitter account, please log out of Twitter before visiting our site. Interactions, in particular clicking on a "Re-Tweet" button, are also forwarded to Twitter. You can find out more at https://twitter.com/privacy.

Privacy policy for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.

You can find more information on this in Instagram's privacy policy: http://instagram.com/about/legal/privacy/

Privacy policy for LinkedIn

This website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address. If you click on the LinkedIn "Recommend" button and are logged into your LinkedIn account, LinkedIn is able to associate your visit to our website with you and your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by LinkedIn.

Further information on this can be found in LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy

External payment service providers

This website uses external payment service providers through whose platforms users and we can carry out payment transactions. For example via

  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visas (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
  • Bexio AG (https://www.bexio.com/de-CH/datenschutz)
  • Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
  • Apple Pay (https://support.apple.com/de-ch/ht203027)
  • Stripe (https://stripe.com/ch/privacy)
  • Klarna (https://www.klarna.com/de/datenschutz/)
  • Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/)
  • Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/) etc.

As part of the fulfillment of contracts, we use payment service providers on the basis of the Swiss Data Protection Ordinance and, if necessary, Art. 6 para. 1 lit. b. EU-DSGVO. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, if necessary, in accordance with Art. 6 para. 1 lit. f. EU GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, totals and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. As the operator, we do not receive any information about the (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers.

Payment transactions are subject to the terms and conditions and the data protection notices of the respective payment service providers, which can be accessed on the respective website or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of data subjects.

Audio and video conferences

We use audio and video conferencing services to communicate with our users and other persons. In particular, we can use them to conduct audio and video conferences, virtual meetings and training courses such as webinars.

We only use services that guarantee an appropriate level of data protection. In addition to this privacy policy, any terms and conditions of the services used, such as terms of use or privacy policies, also apply.

In particular, we use Zoom, a service of the American Zoom Video Communications Inc. Zoom also grants the rights under the European General Data Protection Regulation (GDPR) to users in Switzerland. Further information on the type, scope and purpose of data processing can be found in the Privacy policy and on the Page "Legal provisions and data protection" each from Zoom.

Privacy policy for YouTube

Functions of the "YouTube" service are integrated on this website. "YouTube" belongs to Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

Your legal agreement with "YouTube" consists of the terms and conditions set out in the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These terms form a legally binding agreement between you and "YouTube" regarding the use of the services. Google's privacy policy explains how "YouTube" handles your personal data and protects your data when you use the service.

Agency services

We process our customers' data in accordance with the data protection regulations of the Federal Government (Data Protection Act, DSG) and the EU GDPR as part of our contractual services.

We process inventory data (e.g. customer master data, such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, etc.), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing measures). The data subjects include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is required to justify and fulfill the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary as part of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements of order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed at irregular intervals. In the case of statutory archiving obligations, the deletion takes place after their expiry. In the case of data disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Copyrights

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may be liable for damages.

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, even of a journalistic or editorial nature. Liability claims arising from material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of willful intent or gross negligence.

The publisher may change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. The use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, accidental, pre-determined or consequential damages, which are allegedly caused by visiting this website and therefore accept no liability for them.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher therefore expressly distances itself from all third-party content that may be relevant under criminal or liability law or offend common decency.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Questions for the data protection officer

If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organization listed at the beginning of this privacy policy.

Winterthur, 25.06.2023
Source: SwissAttorney

General Terms and Conditions AGB

  1. Scope of application

1.1 The following General Terms and Conditions apply to the entire business of Brilliance PR with its contractual partner, hereinafter referred to as "Client", unless otherwise expressly agreed in writing between the parties.

1.2 Together with the individual service descriptions and conditions contained in the offer, these General Terms and Conditions constitute the final agreement (hereinafter referred to as the "Agreement") between the client and Brilliance PR.

1.3 An agreement between the parties is concluded when the customer confirms in writing that he accepts the offer. 

  1. General subject matter of the agreement

2.1 The subject of the agreement are the services agreed in the offer and to be provided by Brilliance PR or third parties. Brilliance PR does not owe any specific results. In particular, Brilliance PR does not give any assurances for the occurrence of certain economic or other consequences. 

2.2 Deadlines stated in the offer are merely targets and are not binding. 

2.3 Brilliance PR is authorized at any time to make use of suitable third parties to provide its services and/or to transfer the management of the order entirely to third parties.

  1. Instructions and obligation of the customer to cooperate

3.1 In principle, Brilliance PR shall act in accordance with the instructions given to it by the client. If instructions are not received, not received in time or in urgent cases, Brilliance PR may, without consulting the client, take all measures deemed useful or necessary by Brilliance PR at the client's expense. Brilliance PR will inform the client of the measures taken as soon as possible.

3.2 Brilliance PR may charge the client in full for all additional expenses incurred due to failure to provide instructions or failure to provide them on time.

3.3 The services of Brilliance PR depend to a large extent on the cooperation of the Client with Brilliance PR. The client shall provide Brilliance PR with all information and documents required for the proper provision of the services in accordance with the service agreement in a timely manner and without special request. Brilliance PR may assume that the documents and information provided by the customer as well as the instructions are correct and complete. Brilliance PR shall not be liable for any loss, damage or defect in connection with the Services resulting from inaccurate or incomplete or otherwise erroneous information and documents or incorrect instructions. 

  1. Secrecy

4.1 The parties undertake to maintain confidentiality regarding all confidential information of which they become aware during or in connection with the provision of services within the framework of the execution of the agreement. All data relating to facts, methods and knowledge which, at least in their specific application in the context of the performance of the agreement, are not confidential shall be deemed to be confidential. 

  1. are or become generally accessible to the public, whereby this is not due to a breach of an obligation under this Clause 4;
  2. acquired from a third party without an obligation of confidentiality;
  3. are or have been independently created by the recipient of the confidential information or have been disclosed to the recipient prior to the reception were known; or
  4. are generally known or can be easily determined by third parties with general knowledge.

4.2 Excluded from this is the disclosure and transfer of confidential information by Brilliance PR to third parties in the context of the provision of services in accordance with the Agreement or for data processing and storage, provided that the respective third parties are subject to an equivalent obligation or statutory provision on confidentiality.

4.3 The confidentiality obligation shall continue to exist beyond the termination of the contractual relationship.

4.4 The above obligations do not prevent Brilliance PR from executing the same or similar orders for other clients.

4.5 The client acknowledges that Brilliance PR also uses electronic media such as telephone, e-mail and websites for its communication with the client and third parties in connection with the agreed services. During electronic transmission, data may be intercepted, destroyed, manipulated or otherwise adversely affected and may be lost for other reasons or arrive late or incomplete. Each party is responsible for taking reasonable precautions to ensure error-free transmission and receipt of electronic data. The client acknowledges that absolute protection is not possible. Brilliance PR therefore rejects any liability for unauthorized access and manipulation of electronically transmitted data.

  1. Storage

5.1 Brilliance PR has the right to destroy client data and files after ten years from the completion of the respective activity without prior request.

  1. Property rights and rights of use

6.1 All property rights such as intellectual property rights and license rights to the documents, products or other work results created by Brilliance PR in connection with the services provided as well as the know-how developed and used in the process are the exclusive property of Brilliance PR.

6.2 After full payment of the agreed remuneration, Brilliance PR grants the client a non-exclusive and non-transferable right of use for its own exclusive use of the documents, products and other work results provided to it, including the associated know-how.

  1. Remuneration

7.1 Unless otherwise agreed, the remuneration due for the services to be performed and included by Brilliance PR in accordance with the agreement shall be paid by the client in advance without deduction to the account specified by Brilliance PR. Unless otherwise agreed, services and expenses not included will be invoiced after the services have been rendered and must be paid by the client within 14 days to the account specified by Brilliance PR.

7.2 If payment is not received on time, Brilliance PR has the right, provided the agreement has been validly concluded (see section 1.3), to immediately suspend contractually guaranteed services, block any online access, shut down websites or terminate the agreement without notice. In the event of late payment, the customer may be charged a reminder fee of CHF 30 per reminder. In addition, default interest of 5% p.a. is owed from the due date.

7.3 The customer is not entitled to a refund if he does not make use of the services of the agreement or terminates the agreement.

7.4 In the event of termination of the agreement, the client shall pay Brilliance PR for all services and expenses already rendered, unless these costs are already covered by the prepaid remuneration.

7.5 Unless expressly agreed otherwise in the offer between the client and Brilliance PR, the remuneration shall be charged on a time basis at an hourly rate customary for the provision of the service. This is at least CHF 280 per hour; Brilliance PR is entitled to reimbursement of expenses incurred and third-party fees; remuneration and expenses are exclusive of taxes.

  1. Liability and warranty

8.1 Brilliance PR is liable for intentional or grossly negligent breach of its contractual obligations. For negligent breach of its obligations, liability is limited to a maximum of the amount of the remuneration paid by the client in accordance with the service agreement in the year of the damaging event.

8.2 Liability for persons to whom Brilliance PR has authorized the provision of services or whom it has called in for this purpose is hereby completely excluded. These third parties are exclusively liable themselves.

8.3 Under no circumstances shall Brilliance PR be liable for damages caused by negative press articles about the clients. Nor shall it be liable for loss of profits and revenue and unrealized savings (even if these are the proximate cause of the harmful event); indirect or consequential damages (even if these damages or losses were foreseeable or Brilliance PR was advised of the possibility of their occurrence).

8.4 There is no warranty of any kind.

  1. Execution of the order

9.1 The cooperation of the customer is necessary for a timely realization of the project. This is in particular relevant if a fixed closing date has been defined and a project due to missing information on the part of the customer or If the customer neglects his obligation to cooperate, the project may be delayed by the supplier. by a maximum of three months. If both parties do not agree on a new project plan, the project is deemed to have been terminated prematurely by the customer. finished.

9.1 Brilliance PR's services included consulting before, after and during media appearances by clients, maintaining contacts with media professionals, organizing media events and preparing press releases. 

  1. Duration of the agreement and termination

10.1 The term of the contract shall apply from the conclusion of the agreement in accordance with Clause 1.3 and shall continue until the provision of the service, unless otherwise agreed. 14.2 The right to extraordinary termination in the event of default of payment by the customer (see Clause 7.2) or for other important reasons remains reserved.

  1. Various provisions

11.1 Except for the Customer's obligation to pay for the Services provided, neither party shall be responsible for any failure to perform any obligation under this Agreement for reasons beyond its reasonable control. are within our sphere of influence.

11.2 If individual provisions of this agreement are invalid in whole or in part, this shall not affect the validity of the remaining provisions. The relevant provision shall be replaced by a permissible provision which is as close as possible to the intended purpose.

11.3 Brilliance PR is entitled to provide services for other clients.

11.4 Amendments to the agreement must be made in writing.

11.5 This Agreement shall be governed by Swiss substantive law to the exclusion of the conflict of laws and international conventions, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.

11.6 The place of performance for all obligations arising from this agreement is 8050, Zurich, Switzerland.

11.7 The competent court for Zurich is responsible for all disputes arising from this agreement. Brilliance PR is also entitled to sue the client at its registered office.

Status: November 2023