BitsaboutMe Marketplace Rules
We are pleased that you are participating in the BitsaboutMe marketplace (“Marketplace”). It is operated by BitsaboutMe AG at Bollwerk 4, 3011 Bern, Switzerland (“BitsaboutMe”, “We”). These marketplace rules are a prerequisite for and govern your participation in the marketplace and define the roles, rights and obligations of the participants (hereinafter referred to individually as “data providers” and “data requestors” or “participants”, collectively “participants”).
|We / BitsaboutMe||BitsaboutMe AG and its affiliated companies|
|Services||The totality of services offered by BitsaboutMe such as applications, websites, tools and interfaces in particular for the import, storage, display, exchange, analysis, statistical processing, visualization and use of data and information|
|Marketplace||Online data marketplace operated by BitsaboutMe for the publication of offers and for the conclusion of data transfer agreements|
|BitsaboutMe account||Private account (data provider) or commercial account (data requestor) as a prerequisite for using the marketplace|
|Data requestors||Companies and institutions that make specific data requests in the form of offers on the marketplace|
|Data providers||Private individuals who are willing to receive offers and provide Personal Data in accordance with their own specifications and commitments.|
|Offer||Data deals published on the marketplace by data requestors according to specified data processing criteria|
|Data transfer agreement||Contract concluded via the marketplace between data provider and data requestor for the provision of personal data for a predefined scope and purpose.|
|Remuneration||A financial, pecuniary or intangible advantage which the data requester offers to the data provider in his offer or which the data provider owes on the basis of a data transfer agreement|
|Balance||Total remuneration assigned to a data provider|
|Data||All information, data, texts, pictures, photos, etc. provided, published, exchanged or processed either by participants, by BitsaboutMe or from third party sources|
|Personal information||All personal and non-personal data about you or from you|
|Personal Data / Person specific Data||Any data relating to an identified or identifiable person|
|GDPR||Basic EU Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation))|
2. The Marketplace
With the marketplace, we offer a service on which our participants, i.e. data providers and data requestors, can offer, request and exchange personal and non-personal data (collectively “data”) as well as publish other content according to specific, predefined criteria and processing purposes and the present Marketplace Rules. BitsaboutMe itself does not offer any data and at no time becomes a party to the contracts concluded exclusively between data providers and data requestors (hereinafter “data transfer agreement”).
The aim of the marketplace is to support data exchange between data providers and data requestors via a technical platform and a uniform set of rules and thus to simplify compliance by participants with applicable data protection regulations (in particular the Swiss (FADP) and EU (GDPR) data protection laws) by means of specified and documented data processing criteria and procedures.
In order to ensure a fair and secure exchange of data and information via the marketplace in accordance with the legal framework, the present marketplace rules in their current form apply to the use of the marketplace.
2.2. Participants and requirements
Participation in the marketplace is only open to legal entities and partnerships domiciled in Switzerland or the EU that act as data requestors (see also Section 5.1) and natural persons with unlimited capacity to act as data providers (see also Section 4.1). In particular, underage persons (persons under 18 years of age) are excluded from participation.
2.3. Data deals / Offers of data requestors
Via the corresponding BitsaboutMe application, the data requesting party has the possibility to direct data deals (hereinafter “Offer(s)”) to a corresponding number of data providers on the marketplace according to predefined criteria and processing purposes (cf. “Framework Data Offers“). In principle, the data requesting party has the possibility to add its own contractual conditions to its offer (see also section 5). If remuneration is offered, its processing shall be determined in accordance with Section 6.
2.4. Consent, rejection, and revocation of offers by the data provider (“Consent Management”)
The data provider can participate in the marketplace via his BitsaboutMe account. The data provider decides by chosing his sharing preferences for which personal data he is generally willing to receive offers. He ultimately decides what personal data he makes available to the corresponding data requestor when accepting an offer for the purposes defined in the offer. In accordance with his personal specifications, the data provider automatically receives offers from data requestors in his BitsaboutMe account which meet these criteria and then has the option of accepting or rejecting offers under the conditions listed therein. The data transfer agreement between the data requesting party and the data provider is only concluded once an offer has been accepted and the respective personal data for the defined purposes are securely transmitted to the data requesting party via the marketplace or the corresponding interfaces. Offers once accepted can be revoked at any time during the term, unless the corresponding data transfer agreement contains explicit periods of notice.
2.5. Content and data
Via their respective BitsaboutMe account, the participants have the possibility to record and adapt content and data and to publish them on the marketplace – e.g. via their profile – or to transmit them to other participants via an offer.
With the publication / transmission of the content and data on the marketplace / to a participant, the participant transfers BitsaboutMe the necessary rights.
The content and data of the participants published or shared via the marketplace represent their subjective opinion and not the opinion of BitsaboutMe. Their publication or transmission does not imply BitsaboutMe’s agreement or consent to the content, which is not checked by us for their legality, correctness and completeness.
However, BitsaboutMe may, in its sole discretion and without giving reasons, reject, change or delete the content and data of participants at any time due to their nature, content, origin, technical form or quality, in particular if the content violates legal regulations, third-party rights or morality. The participants commit themselves, among other things, not to provide any content or data that violates personal rights, competition rights or intellectual property rights or that is misleading, false or otherwise against the law, morality or rules of BitsaboutMe.
BitsaboutMe has the right to technically process contents and offers (e.g. in presentation or translation) in such a way that display on different devices or software applications can be ensured by us or third parties.
The participants further acknowledge and respect that the content and data offered and published on the marketplace by BitsaboutMe, third parties or other participants are generally legally protected and their use requires the consent of the respective copyright holder.
The marketplace allows data providers to rate offers or data requestors. The data providers are only obliged to give truthful, non-personally offensive, misleading or otherwise inappropriate or immoral evaluations. Ratings are not checked by BitsaboutMe, but can be deleted in case of legitimate interests. Ratings are published on the marketplace and are visible to all.
2.7. Additional functions
In order to ensure that the personal data of the data provider stored in the BitsaboutMe account (e.g. changes of address or email) is also up-to-date on the part of the data requesting party, the reverse CRM (“rCRM”) function offers an automated comparison of these data between the parties with each registration of the data provider. rCRM requires the activation by the data requesting party as well as the consent of the data provider. To ensure a secure, accurate and simple exchange of data in the marketplace, BitsaboutMe can add additional functions at any time.
3. Role of BitsaboutMe
BitsaboutMe is the purely technical provider of the marketplace of the data offer, the data request and the data exchange between the participants. A corresponding data transfer agreement is always concluded directly and only between the data provider and the data requestor. As a data distributor, BitsaboutMe thus only supports the online data flow according to the publish/subscribe system and serves only as a “communication aid” between data providers and data requestors. The offers are displayed on the marketplace in their most current form, which the data requestors have entered, and in the event of an exchange or data transfer agreement between the participants, the corresponding personal data of the data providers are transmitted securely and encrypted via the transmission channels provided by BitsaboutMe to the corresponding data requestor or made available for downloading.
As far as the exchanged data is personal data, the following applies: BitsaboutMe or the third parties involved process the personal data exclusively for the purpose of providing the marketplace on behalf of and according to the predefined criteria of the participants. The participants remain responsible in relation to BitsaboutMe for the purposes of data protection law and for the legality of the collection, processing and use of personal data in accordance with the applicable statutory provisions (in particular the Swiss Data Protection Act and the EU Data Protection Regulation). In particular, the data requestor will obtain any additional consent required and provide data protection information (cf. Section 5).
As a marketplace operator, we attach the greatest importance to compliance with and transparency of data protection regulations in the exchange and processing of personal data by participants. For this reason, we set up certain guidelines and rules which must be observed by the participants (cf. Section 4 and 5). We reserve the right to check compliance with these guidelines and rules or have them checked by third parties, but are not obliged to do so.
BitsaboutMe also reserves the right at any time to check individual offers and content for their compliance with the marketplace guidelines and, if necessary, to remove or return them to the participant for revision. However, there is no obligation to do so. Any liability of BitsaboutMe in this context is expressly excluded.
BitsaboutMe may link the use of the marketplace or individual functions (including their scope) to certain conditions (e.g. checking of account data, data protection compliance, evaluation profile) as well as adapt and change the marketplace rules (e.g. the “Framework Data Offers“) and specifications at its own discretion.
BitsaboutMe may restrict or temporarily suspend access to or functions of the marketplace due to technical reasons. This is due in particular to technical malfunctions, maintenance work, capacity limits and security precautions. In these cases there is no right to use the marketplace.
4. Rights and obligations of data provider
4.1. Marketplace activation
The prerequisite for participation in the marketplace is the prior opening of a personal BitsaboutMe account as well as the activation of the marketplace function with the consent too the relevant contractual provisions.
4.2 Data check and release for offer
After the activation of the marketplace function, the data provider has the possibility to check the correctness of the profile data listed about him in his BitsaboutMe account and to determine individually (by opt-in) which of these data he is prepared to share in principle and would like to receive corresponding suitable data offers. Based on these settings, the data provider receives corresponding offers from data requesters in his BitsaboutMe account (cf. Section 4.3). The settings can be changed at any time, but only affect future offers or require a prior revocation of already accepted offers that conflict with the new setting.
4.3 Acceptance or rejection of offers
The data provider can then decide which offers he wants to accept under the conditions deposited. If he is not interested, he can reject individual offers, which will then no longer be displayed to him. Each offer contains precise information on (i) the requested data (ii) the purpose and intended use and (iii) the type of processing (cf. also the “Framework Data Offers“) as well as (iv) duration of the offer, (v) any remuneration, as well as (vi) further provisions of the data requestor. If the data provider accepts an offer, the data transfer agreement is concluded between him and the data requestor. BitsaboutMe will then hand over the corresponding data for the defined purpose on behalf of the participants. Both participants receive the corresponding consent document (“Consent Receipt”).
4.4. Further obligations
The data provider makes sure and guarantees only to offer data about himself on the marketplace and to read the data uses and regulations requested in the respective offer accurately and carefully before entering into the data transfer agreement with the data requesting party by accepting the offer.
5. Rights and obligations data requestor
5.1. Marketplace activation
The prerequisite for participation in the marketplace is the corresponding opening of a commercial BitsaboutMe account and consent to the corresponding contractual provisions.
5.2 Preparation and publication of offers
After the data requester has completely and correctly defined and designed his offer(s) in accordance with section 2.3, these will be published on the marketplace after a compliance check by BitsaboutMe and during the period defined in the offer, i.e. they will be transmitted to the data providers matching the offer criteria. In addition to the “Framework Data Offers” specified by the marketplace, the data requestor can add further contractual conditions to the offer. These must not contradict the “Framework Data Offers” or stipulate further data use. In case of contradictions, the defined “Framework Data Offers” as well as these marketplace rules in precedence.
5.3. Receipt of data / data protection
The data requestor guarantees that all applicable data protection regulations will be complied with at all while he receives personal data from a data provider. He processes personal data received via the marketplace only to the extent of the purpose defined in the respective offer and explicitly approved by the data provider and merges this only with any data already available to him with the expressed consent of the data provider.
A passing on to third parties is forbidden unless the involvement of auxiliary persons serves the original purpose of the completion of the data transfer contract. In the context of the offer, the data requesting party obtains any necessary prior consent from the data provider under the corresponding information. The auxiliary persons called in are contractually obliged to comply with data protection in accordance with the law and to process the personal data only to the extent and for the purpose of fulfilling the specific purpose of the contract.
5.4. Further obligations
In each offer, the data requestor discloses complete information about himself (imprint) as well as the contact details of his data protection officer.
6. Remuneration and fees
Any financial or other monetary compensation (including monetary amounts, loyalty points) indicated by the data requestor in an offer and any compensation owed to the respective data provider through the corresponding conclusion of a data transfer agreement shall be processed by or through BitsaboutMe (cf. Section 7 below).
Intangible promises and benefits (e.g. personalisation, discounts) are processed outside the services or the marketplace directly between the data requestor and the data provider.
The use of the marketplace and the collection service (see Section 7) is free of charge for data providers.
7. Payment handling
BitsaboutMe takes over the corresponding collection in order to transfer the remuneration owed to the data providers in accordance with the individual data transfer agreements of data requesters securely, efficiently and simply.
To this end, the data provider instructs and authorizes BitsaboutMe to collect the fees due to him under the data transfer agreements in his name from the corresponding data requestors and to deposit these fees with BitsaboutMe in a wallet of the data provider. The credit balances collected thereon shall be paid out at the end of each calendar month to the bank account (IBAN number) deposited by the data provider in his BitsaboutMe account, provided that the credit balance amounts to at least CHF 5.00 CHF.
BitsaboutMe will invoice the data providers for the accumulated remuneration of data providers plus own fees. These invoices are to be settled by the data requestor with a payment period of 10 days.
In the event of disputes between the data requestor and the data provider regarding a data transfer agreement which have an effect on the remuneration, BitsaboutMe reserves the right to withhold the assertion or payment of the remuneration in full or in part until the facts of the case have been clarified. The same shall apply if there are reasonable grounds to believe that a data transfer agreement is unlawful or contrary to the provisions of or agreements with BitsaboutMe.
8. Warranty and liability
BitsaboutMe is only liable for grossly negligent or intentionally caused temporary unavailability of the marketplace, failure of individual or all marketplace functions or malfunctions of the marketplace. In particular, BitsaboutMe is not liable for technical problems due to which offers or data transfer contracts are not accepted or incorrectly accepted, processed or processed in case of slight negligence.
BitsaboutMe is not obliged to review offers, data transfer agreements, evaluations and other information and content published or shared by the participants on the marketplace and in particular does not assume any warranty or liability for data and content:
- the up-to-dateness, completeness, correctness, quality or legality of the data offered by the data providers.
- the availability, correctness, quality, or legality of the offers published by the data requestors
- the will and ability of the individual participant with regard to offer, acceptance, delivery, payment or other fulfilment of a data transfer agreement.
BitsaboutMe assumes no liability for the topicality, correctness, legality, completeness or quality of the content of websites that can be accessed via links on the marketplace and excludes any liability in this connection.
Furthermore, BitsaboutMe is not liable for damages caused to participants or third parties by the behaviour of other participants or third parties in connection with the use or misuse of the marketplace.
The participants indemnify BitsaboutMe from all claims which other participants or other third parties assert against BitsaboutMe due to violation of their rights by content and data published, exchanged or otherwise used by the participants via the marketplace or due to their general use of the services. The user assumes the costs of the necessary legal defence of BitsaboutMe including all court and attorney fees in the statutory amount. This does not apply if the user is not responsible for the infringement. The user is obliged to make available to BitsaboutMe immediately, truthfully and completely all information necessary for the examination of the claims and a defence in the case of a claim by third parties.
BitsaboutMe reserves the right to change these marketplace rules from time to time. You will be notified of these within a reasonable period of time before they come into effect at the appropriate place. Your continued use of the marketplace after the changes take effect will constitute your acceptance of the changed terms. If you do not agree with the changes, you are prohibited from continuing to use the marketplace.
Should individual provisions of these marketplace rules be invalid or ineffective, this shall not affect the effectiveness of the remaining provisions and these marketplace rules as a whole. Insofar as these have not become part of the contract, the content of the agreement shall be governed by the applicable statutory provisions.
All disputes between you and BitsaboutMe in connection with these marketplace rules shall be governed by Swiss law to the exclusion of the substantive provisions of conflict of laws and the Vienna Convention on Contracts for the International Sale of Goods.
In the event of contradictions or questions of interpretation between the German and English versions of these marketplace rules, the German version shall prevail.
BitsaboutMe AG – all rights reserved. Version October 2018