Effective from Sept-2023 onwards
If our service is provided by an organisation affiliated with you, use of that service will be governed primarily by that organisation's policies and further by the respective agreements between Switch and the organisation. The following End User terms and conditions are only relevant to you if you have become an Alumnus and are not affiliated with any organisation any more.
SWITCHportfolio terms and conditions for end users
These terms and conditions for end users ("terms and conditions") govern the relationship between you (hereinafter "end user", "you" or "your") and Switch (hereinafter "we", "us" or "our") in relation to your use of the service.
Please read these terms and conditions carefully before using the service. By accessing the service, you agree to be bound by these terms and conditions.
With SWITCHportfolio, you can create and manage personal documentation and presentations of learning processes, learning outcomes and proof of competences and, if desired, share them with other people. You also have the option of chatting with other end users or interacting via comments.
Switch provides the service to end users as a web-based software system. The service can be accessed at https://portfolio.switch.ch.
The service is generally accessible 24 hours a day, 7 days a week. We reserve the right to interrupt the service in the event of malfunctions. Support requests can be made via the e-mail address firstname.lastname@example.org.
2. Licensing and (intellectual) property
Switch grants the end user a non-exclusive, personal, non-transferable and non-sublicensable licence for personal use of the software and service hosted by Switch. All intellectual property rights in the software and service shall remain the sole property of Switch and/or its third party service providers.
You can upload, transmit, store, send, receive or share your content with the service. Your content is yours, which means you retain all intellectual property rights you have in your content. If you upload or share content, please make sure that you have the necessary rights and that the content is legal.
Any use of the service is permitted provided that it does not infringe the rights of any third party or violate any applicable law or these terms and conditions.
You may not upload any viruses or malicious code, use the service to send spam, or do anything else that could interrupt, overburden, disrupt or impair the proper working, integrity, operation or appearance of our service and systems.
4. Measures in the event of unauthorised use
If there is any unauthorised use, we will take action. We will, where possible, notify you in advance before taking any action unless it would: (1) cause harm or liability to end users, third parties or Switch; (2) violate the law or the order of any government agency or authority; (3) compromise an investigation; (4) jeopardise the operation, integrity or security of our service.
In particular, we may remove or block content. Switch reserves the right to block your access to the service or delete your account if you repeatedly violate these terms and conditions or we are required to do so to comply with a legal requirement or court order.
5. Data protection and data security
Switch is responsible for the data processing described here. If you have any data protection concerns or would like to assert your data subject rights, you can contact us at the following address:
Switch, P.O. Box, 8021 Zurich
5.2 Purpose of the data processing
Your personal data will be processed by us:
- to provide the service;
- to detect, analyse, eliminate or prevent ICT security incidents and problems;
- for statistical evaluation of anonymised datasets.
5.3 Categories of personal data
The following categories of personal data may be processed as part of the service:
- Authorisation data (surname, first name, e-mail address, any affiliation to an organisation and identifier)
- Account information (surname, first name, e-mail address, any affiliation with an organisation)
- Content Data (any data, including any text, sound, video or image files, provided to Switch by end users through the use of the service).
- Support data (surname, first name, email address and identifier of the support requestor, time, subject, problem description, attachments provided by the user).
5.4 Origin of the data
The personal data processed by SWITCH either originates directly from you or is provided to us by other end users when they use the service.
5.5 Data transfer and data transmission abroad
Your profile in SWITCHportfolio is fully visible to all end users of the service. Depending on your settings, it may also be visible to third parties. When you upload, submit, store, send and receive content via the service, you can determine its visibility for other end users and third parties yourself.
The data retention, storage and processing of your data takes place exclusively on Switch's physical hardware in Swiss data centres. As part of the provision of services, Switch may share personal data with the following categories of data recipients:
- IT service providers who support us in the provision of SWITCHportfolio
- Other end users and third parties you allow to access your content
- Domestic and foreign authorities, official agencies and courts;
These recipients are partly in Switzerland, but can be in any country in the world. Not all of these countries have data protection that is adequate from a Swiss perspective. In such a case, we ensure adequate protection through sufficient contractual guarantees, e.g. through contractual clauses issued or recognised by the competent authorities ("standard contractual clauses"), if the transfer in the individual case is not necessary on the basis of consent, for the performance of the contract, for the establishment, exercise or enforcement of legal claims, for overriding public interests or for your protection. You can obtain a copy of the contractual guarantees at any time (please refer to the contact mentioned in section 5.1).
5.6 Duration of storage
We process your data as long as it is necessary for the processing purposes, legal retention periods and our legitimate interests, e.g. for documentation, evidence purposes or IT security.
Switch reserves the right to suspend accounts after a period of inactivity of at least 4 years. Switch will inform you of the suspension by email. Suspended accounts will be automatically deleted after at least one year if we have not received a request to reactivate the account via the email address email@example.com in the meantime.
5.7 Data security
We use appropriate technical and organisational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
Switch shall be liable for direct damage caused by grossly negligent or intentional breach of contract, unless Switch proves that it is not at fault. Liability for slight and medium negligence, also with regard to the activity of auxiliary persons, as well as for indirect damage, consequential damage, savings not made and loss of profit or loss of data is excluded to the extent permitted by law.
Any non-contractual liability of Switch is excluded to the extent permitted by law.
7. Further development, improvement and updating
As part of the ongoing development of our service, we make changes such as adding or removing features and functions, increasing or decreasing usage restrictions. We may also discontinue our service in certain circumstances.
9. Applicable law and place of jurisdiction
Swiss law is exclusively applicable to the exclusion of private international law and the Vienna Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction is Zurich. Mandatory places of jurisdiction remain reserved.