Contents
Preliminary note
These terms of use and data privacy regulations apply to the use of the “Spontacts” application, the web site www.spontacts.com including subdomains as well as to all apps which access the “Spontacts” data (e.g. Facebook app) (together referred to as "Application"). This Application is operated by Spontacts AG, Baarerstrasse 75, 6300 Zug, registration number CH-170.3.036.523-6 (hereinafter referred to as “SPONTACTS”).
The Spontacts Application brings people together for activities. You can participate in activities and post activities yourself to find participants. For this purpose, SPONTACTS provides you with numerous technical tools for sharing content.
A. Terms of use
1. General
1. You must be at least 16 years old.
2. You are solely and exclusively responsible for the content uploaded onto the Application. You release SPONTACTS from any and all claims of third parties related to the above.
3. You accept that the Application may under certain circumstances contain personally undesired content.
4. When using the Application you must especially abide by all the laws and other regulations of the country where you are located. It is forbidden to post any content that is illegal or prohibited by these terms of use.
5. You are solely and exclusively responsible for information (incl. messages, photos and videos), which you provide in the Application. Do not enter any contact information or any other private data in areas which can be publically accessed, if you do not want this information to be seen by other users.
6. Please keep your password secret and do not disclose it to third parties.
7. Register with your correct name. Do not use a pseudonym.
8. You may not deceive or bother other Spontacts members.
9. You undertake to observe the data privacy regulations.
2. Permissible and prohibited content
1. It is very important to SPONTACTS that the Application remains a safe and friendly place with mutual respect. In order to ensure this, users are forbidden to insult other users and to make any obscene statements, or statements which may otherwise be offensive or to post or distribute pornographic material or any material harmful to young people. It is also forbidden to post and disseminate racist and sexist content, as well as content glorifying violence. This also applies to any content which should motivate terrorist activities or other criminal and illegal actions or which justifies such actions in any way.
2. Do not use the Application to advertise commercial offers. In particular, do not list any offer as an activity if you will make a profit from it financially.
3. Observance of copyright and other property rights
1. In order to protect copyrights and other intellectual or commercial property rights, SPONTACTS would like to point out that any use of content is forbidden which infringes on the rights of third parties.
2. Apart from content generated by the users ("user content"), all other elements of the Application such as texts, depictions, user interfaces, trademarks, logos, sounds and designs are the property of SPONTACTS or the respective owners and are protected by law.
3. Without written permission from SPONTACTS, no area of the Application (including all content) may be depicted or reproduced on other servers, web sites or other media intended for publication and distribution.
4. Other SPONTACTS rights
SPONTACTS reserves the following exclusive rights:
1. SPONTACTS may send you messages to inform you about new features and advancements of the Application.
2. SPONTACTS reserves the right to amend, extend or shorten these terms of use at any time. SPONTACTS will inform you of any such changes without delay by email or on www.spontacts.com. The amended terms of use come into force when they are published. If you do not agree with the amendments please delete your profile.
3. SPONTACTS reserves the right to change or delete content posted by users, especially if it infringes statutory regulations or these terms of use or cause damage to SPONTACTS or third parties. We reserve the right to exclude users and to delete their content and profile, especially if they have breached the terms of use.
4. SPONTACTS reserves the right to inform the relevant authorities of any indications of illegal activities of individual users, as well as corresponding suspicious content while upholding the data privacy law.
5. SPONTACTS has the right to post photos and, in an anonymous format, other content uploaded by users on publicly accessible areas of the Application.
5. Spontacts partner offers
1. SPONTACTS works together with partners (hereinafter referred to as “Partners”) which provide you with offers that you can procure directly from these Partners.
2. SPONTACTS has the right to pass on offers from Partners to you, and to utilize user information (e.g. location) and data from your profile for this purpose.
3. SPONTACTS only acts as an broker for offers from Partners. If you make use of any such offers, you enter into a contractual relationship with the respective Partner and SPONTACTS is not the contractual party.
4. SPONTACTS does not accept any liability for offers from Partners.
6. Responsibility and disclaimer
1. As a host provider, SPONTACTS is not able in advance to check the genuineness, correctness or legality of content posted by users in the Application. The content of this Application is thus provided without any guarantee or responsibility for the genuineness, correctness or legality of the details. SPONTACTS would appreciate it if you report any abuse immediately in the Application itself or at support[at]spontacts.com.
2. In so far as is legally possible, SPONTACTS does not assume any liability. In particular SPONTACTS does not guarantee that the Application is available at all times.
B. Data privacy regulations
The protection of the personal data of the users of the Application (hereinafter referred to as “Users”) is a top priority for SPONTACTS. The provisions of the data privacy regulations serve, amongst others, to protect the privacy of all Users, especially those who register on the Application and make use of the services offered as members (hereinafter referred to as “Members”).
The use of the Application is subject to these data privacy regulations. If you do not agree with the data privacy regulations, SPONTACTS asks you to refrain from using the Application and the services it offers.
1. Data collected for the Application
When registering, the Member must enter his/her name and email address (hereinafter referred to as "Data").
Additionally, during the registration and later in their profile, Members can voluntarily add more information. This includes Data such as profile image, sex, age, location, leisure interests or other personal details (hereinafter referred to as “Voluntary Data”). By submitting Data you are accepting that SPONTACTS will process and use this Data to fulfil the service offered on the Application in accordance with the data privacy regulations.
In the event of personal correspondence with the SPONTACTS customer service (for example by email or post), SPONTACTS reserves the right to store this information. This shall also apply in the case other persons or third parties inform SPONTACTS about activities of the Member on the Application. Only authorized SPONTACTS employees have access to this information. Furthermore, SPONTACTS reserves the right to keep specific information, such as any complaints from Users about individual Members.
2. Information collected automatically
SPONTACTS is authorized to collect information about the use of the Application and the behaviour of the Users. Fo example, SPONTACTS can store and utilize Data such as connection duration, location data, IP address, length of stay and movement within the Application.
SPONTACTS can use different technologies, such as session ID cookies and permanent cookies.
3. Use of Data
SPONTACTS collects, processes and uses the Data of the Users to continuously improve the Application, to adapt the layout and the content of the Application, to develop new offers and to make offers itself or through third parties to grant Users the best possible results and generate statistics. Furthermore, it can happen that SPONTACTS uses the Data of the Member to convey information to him/her within the Application, which is geared towards his/her interests, such as targeted advertising. This improves the offer on the Application and each Member is provided with a tailor-made online offer. With the help of this Data SPONTACTS can additionally clarify any disputes, eliminate technical errors as well as check that the terms of use are being upheld.
In case of close co-operations, selected data (Name, e-mail, location, interests) can be passed on to the partner to simplify the process. This step will always be disclosed separately and has to be accepted by the user explicitly.
The Member’s surname is not displayed in the Application. Members only see full names when two Members reciprocally authorize this. The Member’s Data which was released as part of a registration through facebook or other Partner pages for use in the Application shall be handled in the same way.
The Voluntary Data which the Member has entered in his/her profile or in another area can be accessed worldwide. SPONTACTS would like to stress that in other countries more relaxed data privacy regulations may apply than in your home town.
4. Passing on information
SPONTACTS uses all the Data of the Members solely as part of its services described here and does not pass on any Member Data to third parties outside of these services. In particular, SPONTACTS will not pass on any Member Data to third parties for advertising purposes. If a Member makes use of an offer from a third party which is displayed in the application, the Member agrees to his/her contact information being passed on.
In order to ensure a large number of Members, SPONTACTS can advertise the Application through advertising networks, such as the google products AdMob and Adwords. Partially when starting the Application an anonymous tracking code is subsequently sent to the network to check how effective its advertising campaign has been.
So that the Application stays a pleasant and, above all, safe platform, SPONTACTS cooperates with the responsible authorities, such as the police and the judicial system as well as third parties whose rights to their intellectual property, especially their copyrights or other rights, could be infringed.
If legally necessary, SPONTACTS reserves the right to disclose the Member’s Data to the respective authorities. This also applies if the disclosure is necessary to protect the rights of SPONTACTS and/or is necessary in connection with court orders, legal proceedings or other legal matters related to the Application and the services.
5. Security
SPONTACTS takes security precautions which prevent the abuse as well as the modification or loss of Data or information stored. This includes standard measures such as encoding, firewalls, access checks and automated back-ups. In spite of comprehensive security precautions, SPONTACTS cannot guarantee a "100% security" in the Internet.
6. Deleting a profile
The Member can apply to SPONTACTS for his/her profile to be deleted at any time, without specifying the reasons for the deletion. In this case, the data records stored under the Member’s profile will be deleted within an acceptable period, however data records can continue to exist in an anonymous format in the Application. SPONTACTS reserves the right to store Data as long as is permitted or required by law.
Content generated by the User and Data automatically collected may remain accessible in the Application in an anonymous format.
7. Uploading contacts
Through the Application, the Member can invite friends and acquaintances to the Application or to selected activities. By uploading his/her own contacts, the Member agrees that all selected persons are sent a message with a personal invitation on behalf of and in the name of the Member. SPONTACTS stores the contact data of these people solely for the purpose of automated dispatch of the message desired and to be used again later by the Member. The contact data will not be passed on or used for advertising or other purposes.
C. Final provisions
1. Amendments to these terms of use and data privacy regulations
SPONTACTS reserves the right to amend these terms of use and data privacy regulations at any time. If SPONTACTS makes any major changes SPONTACTS will accordingly inform the Users and Members on its web site, by email or through a message in the Application. The current terms of use and data privacy regulations can be viewed at any time in the Application and on www.spontacts.com.
2. Applicable law and place of jurisdiction
Diese Nutzungsbedingungen und Datenschutzrichtlinien sowie die gesamte Rechtsbeziehung zwischen dem Nutzer und SPONTACTS unterliegen Schweizerischem Recht.
These terms of use and data privacy regulations as well as the entire legal relationship between the User and SPONTACTS are subject to Swiss law.
The place of jurisdiction for any direct or indirect disputes arising from the contractual relationship and these terms of use and data privacy regulations is Zürich.
Zürich, June 2011
