Terms of Participation

Conditions for Participation in the BitsaboutMe Marketplace

We are pleased that you are using BitsaboutMe! The present terms and conditions for participation in the BitsaboutMe marketplace (“Terms of Participation”) of BitsaboutMe AG, headquartered at Bollwerk 4, 3011 Bern, Switzerland (“BitsaboutMe”), regulate the rights and obligations in connection with your (“you”, “user”, “data requester”) participation in the data marketplace service offered on www.bitsabout.me (“marketplace”). Our separate Marketplace Rules explain how you may use the marketplace and the personal data received via it and which rules, rights and obligations there are to be observed. Please read these participation conditions and the marketplace rules carefully, as well as any individual contractual provisions (together “marketplace terms of use”), which form an integral part of these participation conditions.

1. General

With each use of the marketplace you agree to the current marketplace terms of use. If you do not agree with them or with individual provisions or violate them, you are not entitled to (continue to) use the marketplace. BitsaboutMe reserves the right at any time to exclude you from participating in the marketplace in its sole discretion for legitimate reasons. You have no right to use the 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 (info@bitsabout.me).

2. Definitions

The definitions of the marketplace rules and GDPR apply mutatis mutandis.

3. Registration

The activation of your BitsaboutMe account by BitsaboutMe enables you to participate in the marketplace. Participation in the BitsaboutMe marketplace is restricted to legal entities and partnerships domiciled in the EU, Switzerland and Liechtenstein and requires registration. The registration takes place by opening a BitsaboutMe account with agreement to the marketplace terms of use.

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.

You undertake not to use the services in an abusive or improper manner and to refrain from any illegal actions or actions that violate the marketplace terms of use. BitsaboutMe may block the use of and access to the marketplace as a whole or individual functions or take other appropriate measures if there are concrete indications of a violation of the marketplace terms of use, statutory regulations, third-party rights or other legitimate interests.

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.

6. Privacy policy

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:

With regard to the processing of personal data of data providers by BitsaboutMe, the privacy policy apply.

With respect to your personal information, BitsaboutMe processes it to the extent and for the purpose of the marketplace terms of use. For example, BitsaboutMe processes your personal data to complete and process the marketplace terms of use, to guarantee access to your BitsaboutMe account, to obtain credit information, to display on the marketplace (imprint) and for forwarding to data providers, for transmission and processing by order data processors, for the design and development of BitsaboutMe services tailored to your needs and for general marketing and market research purposes.

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.

8. Warranties

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.

10. Support

BitsaboutMe provides a free service desk to assist with technical issues related to the use of the services (support@bitsabout.me 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 info@bitsaboutme.ch. 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

These marketplace terms of use govern the entire relationship between you and BitsaboutMe. Any previous, user-supplied or other agreements are excluded.

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