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Conditions of Use for the brandoo platform

Valid as of: November 2017

1. Scope

1.1. The website and app available at brandoo.com (henceforward “Portal”) is operated by brandoo ag (St. Jakob-Strasse 110, CH-4132 Muttenz; henceforward “Operator”). The following Conditions of Use apply for all instances of access to the Portal (including those via iOS or Android apps) as well as contracts about the use of brandoo.com. The possibility is reserved of separate agreements between the operator and individual users.

1.2. The subject of the contract is access to this Portal as a registered user (henceforward collectively “Users”). As an interactive communication platform, the Portal offers Users options, via a user profile, that include commenting on posts, following information, contacting other users and sharing content.

1.3. Sending the registration as described in number 2 via the “Register” button represents an offer to enter into a contract with Operator. Prior to sending the registration, User can check and if necessary correct all information entered. The contract becomes effective upon activation of the user profile. User will be informed by email about the conclusion of the contract and the activation of the user account. The user profile is activated by clicking on the activation link in the confirmation message. We do not save the text of the contract; however, the Conditions of Use can be viewed on the Portal at any time.

2. Registration

2.1. Creation of a user profile is required in order to use all the Portal’s functions. Registration of the user profile is free and occurs via the Portal.

2.2. The user profile consists of a user name or the email address and a password (“log-in data”). During registration, User must provide a valid email address. This email address is also used for communication with Operator and is decisive for all contract-relevant correspondence between Operator and User.

2.3. Alternatively, registration can take place via Facebook. For this, User must release certain information within his or her account. In that case, User shall log in using the “Register with Facebook” button. This log-in consists of a user name or the email address and a password (“log-in data”).

2.4. Only persons who are of the legal age of majority may use the Portal. A User may create only one user profile.

2.5. The profile will be shown and will be visible to other users in the community list of brandoo.com (see also number 3.2).

3. Use of the portal

3.1. Registered Users can submit content as permitted by the Portal’s functionalities and these Conditions of Use, in particular by commenting on other users’ content and sending messages (henceforward collectively called: “Content”).

3.2. In the “Profile Information” area, a User can indicate and edit the information that is relevant and saved for the purpose of using the Portal. This includes personal data (first name, last name, email address, password, etc.). User name, registration date, interests and brands being followed as well as (optionally) age are only visible to other registered users. Other profile information is not viewable even by other registered users if a friendship has not been established with those users.

3.3. Operator is not obligated to publish Content submitted by Users. Operator can refuse to publish specific Content (in whole or in part), remove Content again or edit Content without providing reasons. Operator is free to publish Content a location within or outside of the Portal other than that intended by User. Operator may inform User of such refusal or of such publication elsewhere, but there is no obligation to do so.

3.4. While the Portal is being used, Operator shows advertising or product offers at its own discretion. This may also occur on User’s profile pages. The content of the ads may depend on User’s personal data and Portal use.

4. User’s obligations

4.1. User assures Operator that all Content submitted by User to the community does not violate applicable law or public morals. The same applies for the content of websites that refer to external links placed by User. In particular, dissemination is not allowed of Content that

      • is racist, sexist, homophobic or obscene;
      • contains calls for or incitements to criminal acts or violations of law, threats to person, life or property;
      • is insulting or in some other way disparages or harasses individuals or companies;
      • violates copyright laws or other third-party intellectual property rights;
      • contains glorification of violence or extremism of any kind;
      • includes statements that violate personal rights, libel, offences against personal honor or defamation of users or third parties or violations of the laws on unfair competition;
      • suggests inaccurate conclusions about the creator, author or sender of Content or in any other way incorrectly or misleadingly implies the existence of a connection to an individual, organization or company;
      • contains software viruses or files, software or mechanisms that can impair or disrupt the functionality of the Portal.

4.2. Operator is entitled but not obligated to delete Content that does not meet these criteria, at any time and without consulting User. Operator does not perform any general monitoring of content.

4.3. It is considered a violation of personal rights and is therefore not permissible to break other users’ anonymity, disclose other users’ information from private messages, emails or chats that are not intended for the public. Users may not incorporate or otherwise make known in their Content information that could shed light on another user’s identity or that User received from other users exclusively in private messages, emails or chats.

4.4. Without the legal owner’s approval, copyright-protected content may only be incorporated into Content within the scope of the applicable laws on citation.  Quotations must be indicated by the inclusion of quotation marks and citation of sources. Quotations in foreign languages must additionally be translated into German to an extent that makes evident the basic content.

4.5. Users may not, without express authorization from Operator, advertise for themselves or third parties on the Portal.

4.6. In the event that Content contains hyperlinks to third-party pages, User shall provide assurance that they have authorization to use the hyperlink and that the website being referred to (“landing page”) is compatible with applicable law and third-party rights as described in number 4.1.

4.7. User provides assurance that the data used to create the user account are accurate and complete. User must always keep these data up-to-date and update them in their user account when changes occur. At Operator’s request, User must provide proof that the data on file are correct.

4.8. User is obligated to handle log-in data with care and to prevent improper use of log-in data by third parties. The profile is highly personal. User is not authorized to transfer the user profile to a third person without Operator’s express consent. User is not authorized to permit third parties access to the profile via use of User’s log-in data without Operator’s express consent.

4.9. User is fundamentally liable for all activities that take place via use of their user profile. User is not liable if they are not responsible for misuse of their user profile because there has been no violation of existing precautionary obligations.

4.10. User must refrain from any activity that could impair and/or place excessive burdens on operation of the Portal or the underlying technical infrastructure. Such activities include in particular:

      • the use of software, scripts or databases in connection with use of the Portal;
      • blocking, over-writing, modifying, copying data and/or other content, provided this is not required for proper use of the Portal.

4.11. In the event that disruptions occur during use of the Portal or its functionalities, User shall inform Operator of this disruption without delay. The same applies if User becomes aware of Content published by third parties that is clearly unlawful. User can send an email to Operator for this purpose.

5. Rights of use

5.1. Unless agreed otherwise between User and Operator, User grants Operator irrevocable, non-exclusive, unremunerated right of use, unlimited with respect to location, time and content and transferrable to third parties, to submitted Content. Operator is entitled to use, adapt and commercialize Content at any time. This includes, in particular, the rights to reproduce (including for the purpose of archiving), disseminate and publicly communicate Content, especially the right to make it publicly accessible, in all media, in particular on the Portal and all third-party websites; Operator is entitled at any time to combine Content with other content and use it for advertising purposes and make all changes deemed necessary for these purposes, in particular to shorten, edit and translate Content. User waives the right to be named as the author. Operator may inform User of such publication, but there is no obligation to do so.

5.2. Operator holds all rights to the Portal’s Content. User is prohibited from reproducing, disseminating and/or publishing Content that has been submitted by Operator, other users or third parties to the community, unless this occurs via the functionalities made available within the community.

6. Data protection

Protection of the personal data of visitors to the brandoo.com website and of registered Users of the website and the app (henceforward: “Portal”) is important to us. Below we provide you with information about what personal data we process, and for what purposes, when you use our offerings.

6.1. General

Operator of the Portal is brandoo ag (St. Jakob-Strasse 110, CH-4132 Muttenz. For inquiries about data protection and exercising your rights (see number 7), please contact the address given or email info@brandoo.com.

We process personal data in order to provide you with user-friendly, secure information offerings. This occurs both when you visit the brandoo.com website and when you register and use the Portal.

Only in the case of registration do we directly process personal data. This includes the basic data you provide when registering as well as all data gathered during use of the Portal.

We take appropriate technical and organizational steps to ensure that your personal data are protected against loss and unauthorized access. Within our company, only authorized individuals have access to your personal data, and only to the extent necessary for the purposes described below.

6.2. Visiting the website

You can visit the website and view the information displayed there without providing personal data.

When you view the website we record data that are conveyed to us via your browser, such as which browser and operating system is being used and the time of use. Your IP address and your precise location are not recorded. We may use an abbreviated form of your IP address to determine the country from which the website is being viewed.

These data cannot be matched with a particular individual and are used by us for statistical purposes in order to optimize our offerings.

6.3. Cookies, web analysis and remarketing

6.3.1. How cookies work, objections

We use cookies on the website to analyze use of the website and to trace Users’ actions during use of the Portal and match particular actions to them. Cookies are small text files that are saved by the web browser or the app on the end device in order to collect and re-access data. A pseudonym is used to save them, since it uses a randomly generated identifier for the cookie.

The pseudonymously recorded data cannot be directly matched to a particular individual. They are also not combined with other personal data.

You may reject the use of cookies by preventing their placement. To do this, you must deactivate cookies in your browser’s or app’s settings. However, you may then no longer be able to use all of the Portal’s functions.

6.3.2. Google Analytics

The website uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses cookies (see number 3), which make it possible to analyze your use of the website. The data collected in the cookie about your use of the website are generally transmitted to a server in the USA and processed there. The IP address is abbreviated prior to transmission to the USA. Google processes the collected data on our behalf in order to analyze your use of the website, prepare reports for us about use of the website and provide services related to use of the website. Google will not combine these data with other Google data. You can find more detailed information at http://www.google.com/policies/privacy/.

You can prevent Google Analytics from processing data related to your use of the website by downloading and installing the browser add-on available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Alternatively, you can place the opt-out-cookie for Google Analytics by clicking on this link: Insert HTML-Code Opt-out-Cookie setzen .  You can also deactivate cookies in the browser.

6.3.3. Google AdWords

On the website we use conversion tracking via Google AdWords, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you click on an ad placed by Google, a cookie for conversion tracking is saved on your end device. The cookie has a life span of 30 days. If you view particular Portal content, and the cookie has not yet expired, Google can, for example, recognize that you clicked on the ad and were forwarded to the Portal. Every Google AdWords customer receives a different cookie. Therefore, a User cannot be traced through different websites of different AdWords customers.

The data collected in the cookie are used to prepare conversion statistics for AdWords customers. Such statistics contain the total number of users who have clicked on the AdWords customer’s ad and been forwarded to a page provided with a conversion-tracking tag.

You can prevent Google AdWords from recording data about your Internet use via conversion tracking by deactivating cookies in the browser or app. You will then not be included in the conversion-tracking statistics.

You can find more detailed information at: http://www.google.com/policies/privacy/ and specifically about Google AdWords at http://www.google.com/policies/technologies/ads/.

6.3.4. Adjust

The app uses Adjust, an analysis service of adjust GmbH, Saarbrücker Str. 38a, 10405 Berlin, to analyze use of the app and assess Users’ actions in accordance with the descriptions under numbers 3.2 and 3.3. On our behalf, the analysis is conducted exclusively for statistical purposes on the basis of the IP or MAC address or of the IDFA (Identifier for Advertising). These identifiers are pseudonymized and encrypted via “hashing.” The recorded data are thereby anonymized and can no longer be matched to a particular individual. They are also not combined with other personal data.

You can prevent Adjust from processing user data by deactivating tracking in the app’s settings.

6.3.5. Facebook tracking pixel

We use the Facebook tracking pixel that is made available and analyzed by Facebook, Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit the Portal, the tracking pixel creates a direct connection between your browser or the app and Facebook. Facebook thereby receives the information that the Portal was accessed from your end device. If you are a Facebook user, Facebook can hereby match the visit to the Portal to your Facebook account. Facebook can match a particular User to their actions and recognize, for example, whether a User bought particular goods after clicking on a Facebook ad. We receive from Facebook exclusively statistical data that cannot be matched to a particular individual. We also cannot identify a User by tracing them using the tracking pixel.

Facebook uses cookies for this, so the processed data are pseudonymous (see number 3.1). You can find more detailed information at https://www.facebook.com/privacy/explanation. You can change the settings for Facebook’s ads at the following link:  https://www.facebook.com/ads/website_custom_audiences/. You can also deactivate cookies as described under number 3.1.

6.4. Social plug-ins

6.4.1. Facebook

We use plug-ins of the Facebook social network from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, e.g. the “Like” button (thumbs-up symbol; the appearance of all Facebook plug-ins can be viewed at http://developers.facebook.com/plugins). If you view a page of the Portal that contains such a plug-in, a direct connection is made with Facebook via the browser or the app. Facebook thereby receives the information that the Portal was accessed from your end device. If you have a Facebook account, Facebook can thereby match the visit to the Portal to your Facebook account. If you interact with a plug-in, for example by using the “Like” button, the relevant information is transmitted directly from your browser to Facebook and saved there. If you do not have a Facebook account or are not logged in to Facebook, Facebook could still record your IP address. According to Facebook, in Germany only an anonymized IP address is saved. You can find more detailed information at http://www.facebook.com/policy.php.

If you do not want Facebook to collect data about your use of the Portal and link that data with your Facebook account, you must log out of Facebook before visiting the Portal.

6.4.2. Google Plus

We use the “+1” button of the Google Plus social network from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you view a page of the Portal that contains this button, a direct connection is made with Google via the browser or the app. Google thereby receives the information that the Portal was accessed from your end device.

If you have a Google account, Google can thereby match the visit to the Portal to your Google account. If you use the “+1” button, the relevant information is transmitted directly from your browser to Google and saved there. You can find more detailed information at https://developers.google.com/+/web/buttons-policy.

If you do not want Google to collect data about your use of the Portal and link that data with your Google account, you must log out of Google before visiting the portal.

6.4.3. Twitter

We use plug-ins of the Twitter social network from Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. The buttons with which a post can be shared on Twitter or with which one can follow a person posting on Twitter can be recognized by the stylized blue bird. If you view a page of the Portal that contains such a button, a direct connection is made with Twitter via the browser or the app. Twitter thereby receives the information that the Portal was accessed from your end device. According to information from Twitter, only User’s IP address and the URL are transmitted when the button is used, and for no purposes other than displaying the button.

You can find more detailed information at http://twitter.com/privacy.

6.5. Use of the Portal as a registered User

6.5.1. Registration

When you register, we record the following personal data:

        • Logging in without Facebook account: We record your email address, a password you select yourself and your sex. The email address also serves as the user name.
        • Logging in via Facebook: When logging in via Facebook, you must log in to your Facebook account and grant us permission to access your public profile, your list of friends, your date of birth and your email address.

We use the email address for communication with Users.

6.5.2. Use of the portal

If you are registered as a User, we record personal data about the actions you perform in the Portal, i.e. the type of action and the identity of the relevant Content, for example if you make a post, view a post or follow a brand, store, interest, category or other user. These data are saved in the user profile.

The following information, marked as optional in the user profile, may be changed or removed at any time.

7. Term of contract, termination and blocking 

7.1. The contract is drawn up for an indefinite period of time and may be terminated and ended by the parties at any time without provision of reasons. Terminations occur via email. Terminations by Operator can also be carried out by being indicated to User after they log in on the Portal.

7.2. User can delete the user profile at any time. Deletion is considered termination by User.

7.3. Operator can, at its own discretion, also order User’s access to be blocked indefinitely or cancelled instead of announcing termination. Operator can in particular carry out blocking/cancellation if User has not used the log-in data for a period of at least one year, if there are doubts about the authenticity of the profile information, if User is, contrary to number 2.5, not of the legal age of majority or creates more than one user profile, if User violates his or her obligations pursuant to number 4 or if the email address provided by User is no longer valid.

7.4. Ending the contract will result in User no longer having access to the areas of the Portal that are reserved for registered Users, including the user profile. If the contract is ended, Operator will delete the profile data about User within an appropriate period of time. This does not apply for Content that User has submitted on the Portal during the term of the contract. Number 5.1 of the Conditions of Use remains unaffected by termination. In the event of termination, access to the user account will no longer be possible.

8. Guarantees and liability

8.1. Operator strives to provide disruption-free operation of the Portal on an ongoing basis. This is naturally limited to services that Operator can influence. However, User acknowledges that complete, uninterrupted availability of the Portal is not technically feasible. Operator is therefore free to temporarily or permanently limit, in whole or in part, access to the Portal due to maintenance work, capacity issues and due to other events that are not under its control. User has no claim to preservation of individual functionalities of the Portal or use of existing functionalities of the Portal.

8.2. Operator does not perform any advance check of Content placed on the Portal. Operator can therefore not vouch for the correctness, legality, accuracy, reliability, currency, appropriateness and/or completeness of Content that can be viewed in the community. There is also no claim to freedom from defects in posted Content.

8.3. Operator only accepts unlimited liability for intent and gross negligence. Liability is excluded for minor negligence unless this violates binding legal provisions or an essential contractual obligation has been violated, i.e. an obligation that the contractual partner can generally assume will be observed and the violation of which jeopardizes fulfillment of the purpose of the contract. In the case of violation of an essential contractual obligation involving only minor negligence, liability is limited to damage typical for the contract and foreseeable at the time the contract is concluded. Liability for personal damages (injury, health, life) and liability pursuant to the Product Liability Act remain unaffected in any case. The aforementioned exclusions and limitations also apply for liability for agents and substitutes.

9. Release of claims

9.1. User releases Operator and its employees or agents, in the case of claims due to alleged or actual violations of rights and/or violations of third-party rights due to actions taken by User in connection with use of the Portal and/or Content posted by User, from all third-party claims resulting therefrom.

9.2. User undertakes to provide compensation for any costs that Operator incurs due to third-party claims. The recoverable costs also include the costs of appropriate legal proceedings and legal defense that Operator may incur to defend itself against third-party claims. In such a case, Operator shall inform affected User without delay about legal defense steps to be taken. Selection of legal defense and legal advising is entirely up to Operator.

10. Changes to Conditions of Use

10.1. Operator is entitled to change these Conditions of Use, effective for the future, at any time. Operator shall inform Users about changes, give Users an opportunity to object to changes within an appropriate period of time after being informed. If User does not object to the changes within the period of time, this is considered to constitute approval. Operator shall in particular inform Users that changes become effective if no objection is made. Both parties’ rights of termination as set forth in number 7 remain hereby unaffected.

10.2. The respectively binding version of the Conditions of Use can be viewed on and printed from the Portal.

11. Final provisions

11.1. If one or more provisions of these Conditions of Use are or become ineffective, in whole or in part, the effectiveness of the other provisions shall not thereby be affected.

11.2. Operator is entitled to transfer this contract with all rights and obligations to a company of its choice. In the event that this contract is transferred to a different company, User has a special right of termination that must be exercised within 7 days after notification from Operator by email or by fax.

11.3.  Swiss law applies. The Civil District Court of Basel-Landschaft West, Switzerland, has exclusive jurisdiction for evaluating disputes arising from and in connection with this contract, regardless of the basis thereof. Operator may also assert claims in other jurisdictions provided for by applicable law. These provisions remain subject to any binding provisions regarding applicable law and jurisdictions that may deviate herefrom. If User is a consumer, i.e. a natural person, who enters into the contract for a purpose that cannot be classified as part of that person’s professional or business activity, the applicability of Swiss law does not lead to withdrawal from User of protection granted them by provisions from which deviation by means of an agreement is not permitted pursuant to the laws of the state of User’s usual domicile.