Conditions for participation in the BitsaboutMe Marketplace
BitsaboutMe reserves the right to change these terms and conditions from time to time (e.g. due to new services or changed legal regulations). You will be notified of such changes at a suitable place within a period of 20 days before they take effect. Your continued use of the services after the changes take effect will constitute your acceptance of the revised terms. If you do not agree with the changes and therefore wish to terminate the contractual relationship with BitsaboutMe, please inform us (firstname.lastname@example.org).
The definitions of the marketplace rules and GDPR apply mutatis mutandis.
When registering, the data requested must be complete, truthful and kept up to date at all times. The registration may only be carried out by a natural person authorized to represent, who must be named. You are responsible for all accesses and actions (e.g. by employees) in connection with the BitsaboutMe account and release BitsaboutMe from all claims made against BitsaboutMe in the event of misuse. If abuse is suspected, BitsaboutMe must be informed immediately. A BitsaboutMe account is not transferable. With the successful verification and activation of your BitsaboutMe account by BitsaboutMe, your contractual relationship with BitsaboutMe begins with the rights and obligations defined herein. This entitles you to submit offers for publication on the marketplace.
4. Fees, remuneration and handling of payments
The fees for the use of the marketplace and/or the publication of offers and the conclusion of data transfer agreements result from the current fee schedule or according to individual agreements.
Any fees paid in the offers or owed to the data providers through the conclusion of data transfer agreements as well as the fees owed to BitsaboutMe for the use of the marketplace services are charged and transferred by BitsaboutMe using the payment system integrated in the marketplace. To this end, the data requesting party authorizes and commissions BitsaboutMe in its name to transfer the corresponding payments to the wallets / accounts of the data providers and to collect the fees owed to BitsaboutMe. See also the marketplace rules, Sections 6 and 7.
5. Grant of rights
By providing data and submitting offers to the marketplace, the user grants BitsaboutMe a non-exclusive, royalty-free, irrevocable, transferable, temporally and spatially unrestricted right to use and process such data – including existing trademark, copyright, design and other rights – (i) online and offline within the scope of the purpose of the contract (e.g.(i) to store, reproduce, publish, transmit and make accessible such content), (ii) to use it partially or with other content for advertising purposes (online and offline), (iii) to use it for analysis purposes.
As the person responsible for the processing of personal data exchanged via the marketplace via data requesters in addition to BitsaboutMe, you undertake and guarantee at all times to fully comply with the marketplace guidelines and the applicable provisions of GDPR and the Swiss Data Protection Act and to have them proven and checked by BitsaboutMe or persons concerned upon request. This applies in particular to:
- The implementation of appropriate technical and organisational security measures to protect personal data from unauthorised or unlawful processing and from loss, destruction or damage. In case of a (threatening) violation of the protection of personal data, all necessary and appropriate corrective measures must be taken immediately with simultaneous notification of BitsaboutMe. With respect to personal data for which BitsaboutMe acts as the responsible party, BitsaboutMe shall take the final decision on the notification (including the content of such notification) of the data subjects, relevant regulatory authorities, service providers, and/or data subjects of such violation of the protection of personal data and the implementation of the remedial action plan.
- The implementation of reasonable steps to ensure the reliability and accountability of all employees, associated companies, subcontractors or agents involved or to be involved in the processing of personal data obtained through the Marketplace in connection with the personal data received (when personal data are transferred to a country which does not have the same level of data protection in Switzerland and the EU, the transfer of personal data is subject to contractual safeguards to ensure that the protection of personal data is equivalent to that of the EU and Switzerland).
- The guarantee of the rights of the data subjects or data providers in accordance with Chapter III of GDPR. This also applies to reasonable requests by the data providers to BitsaboutMe, such as the withdrawal or expiration of offers and the right to information, correction, deletion and data export (see also section 7 of the data protection guidelines between the data provider and BitsaboutMe). You acknowledge that you have the means and will take all reasonable steps to ensure that such requests can be processed and BitsaboutMe confirmed at all times.
- The appointment of a data protection officer who will be available in a timely and dedicated manner to deal with enquiries from data subjects, BitsaboutMe and a competent data protection authority.
7. Intellectual property
BitsaboutMe is the owner or licensee of all rights and title to the services, including all intellectual property rights such as copyrights, patents, trademarks, trade secrets or competition rights, including all applications, renewals, extensions and restorations of such rights. You may not use, distribute, sell or otherwise share, modify, adapt, translate, decompile, disassemble or derive, reverse engineer, or otherwise attempt to reverse engineer the services, the included software or any part thereof outside of this agreement.
Open source software plays an important role for us. Some of the software used in our services may be subject to an open source license, the terms of which we will make available to you upon request. The open source license may contain terms that expressly supersede some provisions of these terms of participation.
We strive to provide excellent service. However, there are some things for which we cannot guarantee and therefore cannot accept any liability.
Except as expressly stated in these terms of participation, neither BitsaboutMe nor any of its related parties make any specific representations or warranties with respect to the services. The services are provided “as is”. We therefore make no warranties, express or implied, as to the content and data (including warranties of title), specific functionalities or their reliability, availability, accuracy or fitness for a particular purpose. BitsaboutMe also has no influence on the effects of third-party systems on the services and therefore assumes no warranty or liability in this connection. The services or individual functionalities may be temporarily unavailable or only partially available due to maintenance work or other important reasons.
9. Liability limitation
This disclaimer or limitations of liability shall not apply to you where it would be contrary to applicable law.
BitsaboutMe is liable according to the legal regulations for direct damages, which result from a deliberate or roughly negligent own action. The same applies to the explicit assumption of guarantees or any other strict liability as well as to claims under 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 what 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 limit our liability and that of our contractual partners towards you for all claims to the amount of the fees incurred in the previous year.
BitsaboutMe provides a free service desk to assist with technical issues related to the use of the services (email@example.com and +41 31 558 36 40). Support services are provided on weekdays (except public holidays) from 9.00 to 16.00 (CET).
11. Participation of auxiliary persons
BitsaboutMe may, in its sole discretion, engage sub-contractors and assistants to provide and perform certain services.
12. Change and termination
We constantly change and optimize our services. For example, we can add, replace 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 may suspend, limit or terminate the provision of services to you at any time.
If we discontinue services, we will, where reasonably possible, notify you in advance. If you cancel or do not use our services for more than 12 months, you are responsible for exporting your information in advance. Unless otherwise required by law, BitsaboutMe will irrevocably delete your data after termination.
13. Dispute resolution and applicable law
Whenever and wherever possible, we would like to solve your problems with BitsaboutMe out of court. Before filing a complaint against BitsaboutMe, first seek an informal settlement of the dispute by contacting firstname.lastname@example.org. We will attempt to resolve the dispute informally by email. If a dispute is not resolved within 30 days of submission, you or BitsaboutMe may initiate formal proceedings. Unless otherwise required by law, the place of jurisdiction shall be Berne, Switzerland.
Unless otherwise provided by mandatory law, all disputes arising between you and BitsaboutMe in connection with the services and the marketplace terms shall be governed by Swiss law to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
14. Other regulations
If any provision of these terms of participation is held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions and these terms of participation 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.
The rights granted under these conditions of participation (in particular your BitsaboutMe account) are not transferable without our written consent. BitsaboutMe may transfer individual or all rights and obligations arising from these terms of participation to a third party or have them exercised by a third party without your consent. However, we will inform you of this.
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 April 2019