Terms of Service
Published on October 1, 2018
This translation is provided for informational purposes only. In case of inconsistencies, the original German Text is binding.
1. General information
BitsaboutMe reserves the right to exclude you from using any or all of the Services and/or to temporarily or permanently block access to your personal BitsaboutMe account (“Account”) for any legitimate reason (such as breach of these Terms and Conditions).
BitsaboutMe provides you with the following services through your account (see section 3 below):
Personal Data Storage (“PDS”): Each account is linked to a Personal Data Storage (“PDS”), which enables you to easily import data from various third-party sources and store it encrypted on your PDS. We prepare this data for you, create a profile and provide you with an overview of who stores which data about you (see 4). Via your account you then have various options to view, edit and share this data.
BitsaboutMe Online Data Marketplace (“Marketplace”): If you wish, you can access the marketplace via your account. This allows you and selected companies and institutions a secure and transparent exchange of personal data under your control and strict compliance with data protection guidelines. Participation in the marketplace is also subject to special regulations, the BitsaboutMe Marketplace Rules. These must be accepted in advance.
3. Prerequisite and responsibility for using our services
To use our services you need a personal BitsaboutMe account. You choose a valid email address as your user name and protect your account with a personal password. You can also generate an individual login recovery code in case you cannot remember your username and/or password. Make sure that your account information is correct and always up to date and you always keep your password secret and secure. With the successful opening of an account, your contractual relationship with BitsaboutMe begins with the rights and obligations stated here.
The services are used by remote access via the Internet. The transfer point for the contractual services of BitsaboutMe is the router exit of the computer centre used by BitsaboutMe. Your connection to the Internet, the maintenance of the network connection as well as the procurement and provision of the hardware and software required by you is not the subject of this contract.
The use of our services is only open to natural persons with unlimited capacity to act. Minors (persons under the age of 18) are excluded from the use of our services.
You undertake to use our services only to the extent permitted by law and not to provide or share any data or content that infringes the rights of third parties (such as intellectual property or personal rights), is otherwise illegal or immoral or violates other specifications of BitsaboutMe. In particular, pornographic, violence-glorifying, discriminatory or misleading content or content to which you do not have a corresponding authorization (such as intellectual property, rights to edit in accordance with data protection law, etc.) is not permitted. BitsaboutMe declines any responsibility in connection with your data. In addition to complying with the applicable standards of Swiss law, you are responsible for complying with any applicable law in your country of residence. BitsaboutMe may immediately delete any data that violates the provisions of this section.
You will refrain from any attempt by yourself or by unauthorized third parties to unauthorizedly access information or data or to interfere or allow unauthorized access to programs operated by BitsaboutMe or to penetrate BitsaboutMe’s data networks.
You are solely responsible for deciding what information you upload to your PDS, including with respect to data sources that our services offer or recommend to be linked to. You agree to only link data sources to your PDS to which you are entitled. We have no control over the content, accuracy, practices or legality of such third party sources. We will not be able to monitor, verify or censor the content of third party sources. Third party sources may have their own legal terms and conditions and privacy policies that apply to you and for which you are solely responsible. We are not responsible for any loss or damage that may result from your access to or use of these third party sources. The foregoing applies mutatis mutandis to your data and personal information that you offer and share through the marketplace.
The use of mechanisms, software or other scripts that could interfere with or otherwise influence the proper operation of our services or third party accounts is prohibited.
You are responsible for notifying us immediately of any unauthorized use of your account and/or password. You are solely responsible for everything caused by your account, unless you close it or report abuse to us.
If you breach any of your obligations under this agreement and BitsaboutMe is held liable for such breach, you agree to indemnify and hold BitsaboutMe harmless from and against any and all claims, including attorneys’ fees and court costs. In the event of a claim or action by a third party, or if we believe that you are or may be in breach of this agreement, we may, at our sole discretion, close your account and delete your information from your PDS with or without notice.
4. Data processing and data access
Your data at BitsaboutMe is always stored encrypted. Only you have the key with your password to access your account or the associated PDS and decrypt the data stored there. The data in the PDS is only available unencrypted as long as you are logged into your account with your password.
Our services enable you to upload data from third-party sources or directly into your PDS and have it analysed, evaluated and visualised by BitsaboutMe and to search for, edit, export, delete or share data with third parties (e.g. via social media channels or via the marketplace). These services require access to and processing of your data by our systems. For example, you can link your existing accounts with predefined third-party providers (e.g. Facebook, Migros Cumulus, Email) to your PDS. You place the order with BitsaboutMe and give your explicit consent to load a complete or partial copy of the data stored there (such as your email messages, purchasing data, contents of your social media, your contacts and geoposition data) via interface (API or scripts) into your PDS on your behalf.
In order to carry out and further develop our services as described on your behalf, you grant us and the contractual partners consulted by us the necessary consent – i.e. a non-exclusive, free, worldwide right – to host, store, encrypt and decrypt, process, analyse, visualise, generate, export and delete new data records from existing data without further notice. You give this order and consent with each link from a third party source to your PDS.
BitsaboutMe never shares data from your PDS with third parties without your explicit consent. Only such data will be shared that you specifically select for this purpose and upload from the PDS to the marketplace.
5. Intellectual property and software
All intellectual property rights used and displayed in connection with our services such as product names, designs, images, photos and texts are the property of BitsaboutMe or its licensors. Any use outside the legally permitted personal use is prohibited unless BitsaboutMe or the corresponding licensor has given its express written consent.
Our services are executed by different software. To enable you to use our services, we (and our licensors) grant you a limited, personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use our services. Subject to mandatory legal requirements, you may not copy, modify, distribute, sell, or otherwise share our services, the included software, or any portion thereof, or disassemble or attempt to extract the code of the software, or disassemble the software.
Open source software plays an important role for us. Parts of the software are licensed as open source software. A list of the open source licenses used can be found on our website.
6. Involvement of third parties
BitsaboutMe may call in third parties (“Third Parties”) to provide its services. The third parties either act as auxiliary persons of BitsaboutMe or you conclude a separate contract directly with them.
For example, individual features may provide for interactions between you and third parties or their services. For example, these services may allow you to share content and data with third parties, which may then be processed through third party services. BitsaboutMe has no control over such third party services and their content. It is the sole responsibility of the participant to determine how he or she interacts with such third party services. BitsaboutMe assumes no warranty, responsibility or liability for the contractual relationship between participants and third parties.
7. Modification and termination of our services
We are constantly changing and optimizing our services. For example, we may add or remove functions or features and also suspend or permanently discontinue a service.
You may terminate your use of our services at any time. BitsaboutMe can suspend, limit or completely cancel the provision of services to you at any time. At the same time, in such cases, we ask all marketplace participants with whom you have shared data to also irrevocably delete it.
Your data belongs to you and it is important to us that you have access to your data in the event of termination. Therefore, if we discontinue our services, we will, where reasonably possible, notify you in advance and give you the opportunity to export your information.
If you cancel, you are responsible for exporting your data in advance. If you have not used our services for more than 12 months, we will ask you by email to confirm that you wish to use our services for longer. Without such confirmation, or if you have terminated, and unless you are subject to legal retention requirements or still have open marketplace balances, BitsaboutMe will irrevocably delete your account with all data. In the case of an open marketplace credit balance, we will transfer this to your bank account, provided that you have entered an IBAN number in your account settings. Without entering an IBAN number, we will remind you to enter an IBAN number for payment at monthly intervals by personal e-mail. If you do not do this, we will offset monthly administration costs of CHF 1.00 against your credit balance. If your account has no more credit, it will be irrevocably deleted with all data.
We strive to provide excellent services. However, there are some things for which we do not guarantee and therefore cannot accept any liability.
Except as expressly stated in these Terms and Conditions, neither BitsaboutMe nor any of its contracted parties make any specific representations with respect to the services. The services are provided “as is”. We therefore make no warranties, express or implied, as to the content of our services (including warranties of merchantability), the specific functionality of the services or their reliability, availability, accuracy or fitness for a particular purpose. Nor does BitsaboutMe have any influence on the effects of third-party systems on the services and therefore assumes no warranty or liability in this connection. In addition, the services or individual functionalities may be temporarily unavailable or limited due to maintenance or other important reasons.
Some jurisdictions do not allow the disclaimers of warranties and liability set forth in this section. Therefore, they may not apply to you.
9. Limitation of liability
This disclaimer or limitations of liability to you shall not apply where it would be contrary to applicable law. This paragraph also does not affect consumer rights that cannot be waived or limited by contract or agreement. BitsaboutMe is liable according to the legal regulations for direct damages, which result from an intentional or grossly negligent own action. The same applies to the explicit assumption of guarantees or other strict liability as well as to claims arising from product liability law or culpable injury to life, body or health.
A liability of BitsaboutMe for direct damages in case of slight negligence – for whatever legal reason – is expressly excluded subject to mandatory statutory provisions. A liability of BitsaboutMe for indirect damages or for consequential damages – no matter for which legal reason – as well as for called in contracting parties is completely and expressly excluded.
In the case of liability which we cannot exclude by law, we shall, as far as possible, limit our liability towards you to the foreseeable damage which typically arises.
10. Settlement of disputes and applicable law
Whenever and wherever possible, we would like to solve your problems with BitsaboutMe out of court. Before you file a complaint against BitsaboutMe, you should first seek an informal settlement of the dispute by contacting firstname.lastname@example.org. We will endeavour to settle the dispute informally by email. If a dispute is not resolved within 30 days of the submission, you or BitsaboutMe may initiate formal proceedings. The place of jurisdiction shall be Bern, Switzerland, unless otherwise provided by mandatory law.
Unless otherwise provided by mandatory law, all disputes arising between you and BitsaboutMe in connection with the Services and these Terms and Conditions shall be governed by Swiss law, without regard to the Vienna Convention on Contracts for the International Sale of Goods.
11. Other provisions
Should individual provisions of these GTC be invalid or ineffective, this shall have no influence on the effectiveness of the remaining provisions and these GTC as a whole. If these have not become part of the contract, the content of the agreement shall be governed by the applicable statutory provisions.
These terms and conditions govern the entire relationship between you and BitsaboutMe. Previous or different agreements are excluded. No claims or rights are created for any third party. Any failure by BitsaboutMe not to enforce a clause does not mean that it will not apply at a later date.
In the event of contradictions or questions of interpretation between the German and English versions of these GTC, the German version shall prevail.
BitsaboutMe AG – all rights reserved. Version October 2018