DATA PRIVACY & GTC

GENERAL TERMS AND CONDITIONS

A. General terms and conditions

1. Purpose

DAM 10 AG (“operator“) operates the crowd-donation platform accessible at “www.there-for-you.com” (hereinafter the “platform“). This platform enables non-profit associations, cooperatives, foundations and other legal entities or partnerships based in Switzerland as well as natural persons resident in Switzerland to present projects in the form of image, text and video files and the like (“initiators”) or to support them financially (“donors”, together with the initiators “users”). The operator simply acts as a mediator between the users. “Projects” are understood to be offers of ideas for which financial support is requested on the platform.

2. Scope

The general conditions of these General Terms and Conditions (hereinafter referred to as “GTC”) (section A.) apply within the scope of the operator’s contractual relationships and in connection with use of the “www.there-for-you.com” platform as well as for all services offered by the operator during the entire period of use of these services. By using the operator’s platform, users and visitors to the platform (“visitors”) accept the following conditions. There is deemed to be use if the “www.there-for-you.com” platform is accessed in an Internet browser.

The special provisions (sections B., C. and D.) shall apply in each case only in the relationship between the respective parties.

3. Conditions governing participation

Users must be natural or legal persons or partnerships with full legal capacity with residence or registered office in Switzerland, the EU or the EEA. Anyone without full legal capacity may only participate as a user with the written consent of his/her legal representative.

The initiators ensure that they have full legal capacity and are aged 18 or over when submitting their project. Minors or initiators who do not have full legal capacity must submit the written consent of their legal representative when submitting their project. The operator will not approve the project without a power of attorney.

4. Services of the operator

The operator enables users to use the platform, whereby the operator acts merely as an intermediary between the users. Claims between the users must be organised between themselves. The operator does not provide any recommendations for supporting projects on the platform. It does not assume any financing obligations in respect of the projects and does not guarantee either the successful funding of the projects nor their realisation. The operator is under no obligation to review the intended purpose of the financial support specified by the initiator.

5. Obligations of the users

The user assumes full responsibility for using the platform. The user agrees to discharge the operator from all manner of costs, actions, damages, misuse, losses or other claims that may arise as a result of registering with or using the platform and its services. The user is obliged to treat emails and other messages from users or the operator in the strictest confidence and agrees only to make these accessible to third parties subject to the express prior consent of the sender. This applies in particular to names, telephone numbers, address data, email addresses and URLs.

The user furthermore undertakes not to improperly use the services provided by the operator, in particular:

  • not to disseminate any material or information that is defamatory, offensive or otherwise unlawful or immoral. This includes in particular content that is pornographic, discriminatory, racist or with similar content;
  • not to upload to the portal any data that could inflict damage on the operator’s hardware and software (computer viruses, infected software); and
  • not to publish any data or content that violates the rights of third parties (e.g. intellectual property rights or personality rights).

6. Intellectual property rights

The operator is entitled to copyright on all self-created content of the www.there-for-you.com platform. Reproduction or use of content of any kind is only permitted with the prior written consent of the Operator. [The operator has protected “www.there-for-you.com” as a trademark.]

7. Liability

Liability of the operator is excluded to the extent permitted by law. Therefore, the operator is only liable in cases where there is intent or gross negligence on the part of the operator. In particular, the operator shall assume no responsibility or liability that the data and information provided is up to date, accurate and complete, nor for the use thereof. Liability for delays or failures due to technical factors is excluded in all cases. The operator is not liable for hyperlinks that fall outside the responsibility of the operator. Should the operator become aware that reference is made to a website containing unlawful content, the operator shall make all reasonable efforts to remove the reference in question.

The operator is not liable for any forecasts and/or impact analyses it publishes on the platform.

8. Suspension or termination

The operator reserves the right to block a user’s account on a temporary or permanent basis, especially if the user concerned commits a serious or repeated breach of these GTC.

The operator reserves the right to change ongoing projects or to temporarily or permanently discontinue the activation of a project.

9. Data privacy
a) Introduction

The operator acts as the controller and adheres to the provisions of the Swiss Data Protection Act and handles with care all personal data collected (any information that allows a conclusion to be drawn on an identified or identifiable natural person such as name, address, e-mail address, telephone number, date of birth). By using the platform, you agree to the collection, use and other processing of your personal data in accordance with the following provisions. If you do not agree to this, in whole or in part, you may not access our platform or otherwise communicate with us.

b) Processed personal data

The scope and type of personal data processed depends on the nature of our relationship with you. Personal data is collected and processed in particular when it is necessary for the provision of our services. These services include, above all, the activation, promotion and financing of projects. The operator may also use the personal data collected to provide information about new offers or other news in connection with the platform.

The operator does not store any credit or postcard data. The donors’ payments are processed via e-banking providers, credit card providers, PayPal, Twint, GooglePay or ApplePay.

The provisions of this section 9 also apply to the processing of personal data of other persons which you make available to us. You are responsible for informing the persons concerned of these provisions and you warrant that the persons whose data you provide us with have agreed to these provisions and to the processing of their personal data as described herein.

c) Disclosure of personal data

If the donation goal of a project is reached, the personal data of the donors is disclosed to the initiators. Personal data is disclosed by the operator to service providers in Switzerland and abroad who process this data as contract data processors on behalf of the operator and in accordance with the operator’s instructions.

Other service providers may be used as contract data processors in the following areas:

  • Payment services;
  • Administrative work;
  • Consultancy services;
  • IT services; and
  • Advertising services

The contract data processors may be located in countries that do not have an adequate level of data protection, in particular in the USA, Ireland and Germany. However, by selecting contract data processors and taking suitable precautions (in particular by concluding standard contract clauses), the operator ensures that data protection is guaranteed throughout the entire processing chain, in particular by its contract data processors.

In addition, personal data will only be disclosed to third parties if:

  • express consent has been given for this;
  • disclosure is permitted by law;
  • disclosure is necessary for the processing of contractual relationships;
  • there is a legal obligation for the disclosure; or
  • disclosure is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that there is an overriding legitimate interest in not disclosing the data.

d) Cookies
i. General

The operator may store cookies on the computers of platform users. Cookies are small files that are automatically created by the browser and stored on the end device (laptop, tablet, smartphone or similar) from which the platform is visited.

A cookie stores information related to the specific end device in use. However, this does not mean that the identity of the platform visitor is immediately known.

One reason for using cookies is to provide a more pleasant experience for visitors when they use the platform, for which session cookies are used for this purpose. These are then automatically deleted after visitors leave the platform.

For purposes of enhanced user-friendliness, we also use temporary cookies that are stored on the end device for a predetermined period. If the same visitor visits the platform again, it is automatically recognised that the visitor has already visited the platform, and entries and settings already made do not have to be entered again.

On the other hand, cookies are used to statistically record the use of the platform and to evaluate these values for the purpose of optimising the platform, to realise improvements in the content and services of the platform and to improve offers of personalised content or similar.

Access data (IP address and time) can also be recorded for the same purposes. Tracking data is similarly collected and stored in anonymous form for marketing and optimisation purposes. Anonymous usage profiles and statistics are created from this personal data.

Most browsers accept cookies automatically. You can configure your respective browser so that it only accepts certain cookies or none at all. However, we would like to point out that certain parts or functions of the platform may then only be of limited use. The following data is stored during the sessions:

  • date and time of access
  • name and URL of the retrieved file;
  • platform from which the access takes place (referrer URL);
  • device type and operating system of the end device;

Provided that there are no restrictions, the following data is also stored temporarily:

  • name of the access provider;
  • type and version of browser used and other information transmitted by the browser (such as geographical origin, language setting, add-ons used, screen resolution, etc.).

 The above mentioned data will be processed for the following purposes:

  • to ensure a smooth connection to the platform;
  • to ensure the best possible use of the platform;
  • to evaluate system security and stability; and
  • for other administrative purposes.

ii) Google Analytics

Google Analytics, a web analytics service provided by Google LLC in the USA (“Google”), is used for the needs-based design of the platform and continuous optimisation. This results in the creation of pseudonymised usage profiles and the use of cookies. The cookie-generated information about your use of the platform, such as

  • the pages you have called up, your click path;
  • achievement of website goals (conversions, e.g. newsletter registrations, downloads, donations);
  • your user behaviour (for example clicks, dwell time, bounce rates);
  • your approximate location (region);
  • your IP address (in abbreviated form);
  • technical information about your browser and the end devices you use (e.g. language settings, screen resolution);
  • your internet service provider;
  • the referrer URL (which website/advertising medium you used to come to this website)

is sent to a Google server in the USA, where it is processed. This information is used to analyse usage of the platform, compile platform activity reports and provide other services related to platform and Internet usage for purposes of market research and the needs-based design of such websites. This information may also be transferred to third parties. Google may additionally track your use of the platform, combine this information with data from other websites or platforms (which are also tracked by Google and which you have visited), and use this information for its own purposes. If you have registered with Google, Google can identify you. The processing of your personal data under these circumstances will be in accordance with Google’s privacy policy (click here to learn how Google uses your personal data when you access our platform.

The collection of data generated by the cookie and related to the corresponding use of the platform (including your IP address) and the processing of this data by Google can also be prevented by downloading and installing a browser add-on provided by Google; this can be obtained here.

iii) HubSpot

HubSpot is used as a supplement for the need-based design and continuous optimisation of the platform. The data will be used in the same way as described above under A.9.d) iii. and transferred to Germany and the USA.

e) Processing basis

The processing of your personal data for the purposes described herein is based, among other things, on our legitimate interest in maintaining communication about our services and their execution (including operation of the platform), unless you have given your consent or another basis for the lawful processing of your personal data according to applicable law.

f) Rights of visitors to the platform

Visitors to the platform have the right, as far as the applicable data protection law provides for this accordingly:

  • to revoke their once-given consent at any time, if data processing is based on their consent.
  • to request information about their personal data processed by the operator;
  • to immediately demand the correction of incorrect personal data stored by the operator or the completion of such data;
  • to demand the deletion of personal data stored by the operator, provided that there is no legal obligation on the part of the operator to retain such data;
  • to object to the processing carried out by the operator; and
  • to receive the personal data in machine-readable form under certain circumstances and to pass it on to another provider.

If you have any questions on data protection info@there-for-you.com. or wish to exercise your rights, please e-mail us at: info@there-for-you.com.

We have the following data protection representative pursuant to art. 27 GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein as an additional point of contact for supervisory authorities and data subjects for requests in connection with the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany
info@datenschutzpartner.eu

g) Data security

The operator uses suitable technical and organisational security measures to protect personal data against accidental or deliberate manipulation, partial or complete loss, destruction or unauthorised access by third parties. The operator’s security measures are continuously improved in line with technological developments. However, the operator cannot guarantee that unauthorised persons will not gain illegal access to the personal data.

h) Data retention

We store your personal data for as long as is necessary or useful to achieve the purposes described herein, to answer your enquiries or to provide our services and/or as required by applicable law. The right to statutory storage obligations is reserved.

10. Severability clause

Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the effectiveness of the remaining GTC. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which comes as close as possible to replicating the economic intent of the contracting parties.

11. Amendments to the GTC

The operator reserves the right to amend the GTC at any time. The current version of these GTC can be viewed at any time at www.there-for-you.com/agb. In the event of continued use of the platform, the amended GTC shall be deemed to have been accepted.

12. Applicable law and place of justification

All of the contracts concluded via the operator’s platform between users and the operator are subject to substantive Swiss law, to the exclusion of conflict-of-laws provisions. The ordinary courts of St. Gallen, canton of St. Gallen, Switzerland, are the sole place of jurisdiction for disputes arising out of or in connection with these contracts.


B. LEGAL RELATIONSHIP BETWEEN OPERATOR AND INITIATORS

1. Admission

Initiators shall only be accepted if they intend to start a project in the fields of child aid, humanity, climate protection or animal welfare. There is no legal entitlement to admission as an initiator. The operator may decline to register an initiator or to start a project at any time without specifying the reasons or subsequently to delete the initiator’s profile.

2. Registration

Before launching a project, the initiator must register using an online form and create a profile. All information requested during the registration process must be provided accurately and truthfully. The operator shall gather at least the following information from the initiator.

  • Last name, first name
  • Residential address / domiciliary address
  • Date of birth
  • In the case of minors or initiators who do have full legal capacity, the written consent of the legal representative
  • Nationality
  • Email address
  • Telephone number
  • Description of the proposed project
  • Details about any tax exemption of donations
  • Definition of a donation target (minimum amount)
  • Definition of a project duration
  • Contact person
  • Acceptance of the terms and conditions

The initiator will first receive an e-mail from the operator, in which he/she will find an overview of the information provided by him/her. This is verified by the operator in a second step through personal contact. The operator is also entitled to collect further information and to verify all information provided by the initiator. If false information is provided during registration, the operator reserves the right to take legal action and to exclude the initiator or project from the platform without compensation. The operator reserves the right to obtain additional information from the initiator at any time, and the initiator undertakes to provide this information.

3. Right of use

When the initiator posts content, they grant the operator a non-exclusive and global right to use the project information free of charge and for an unlimited period of time. The initiator grants the operator the right to save, to publish and to forward to third parties for publication the project information they have entered (texts, images, videos), the designation of the initiator, and the first name and last name of the initiator’s contact person, insofar as forwarding such information serves to publicise the initiator’s project, advertise the platform or fulfil other sales and marketing purposes. The operator is authorised in this regard to use or to forward the project information in its entirety or in amended form, on its own or in combination with its own content.

4. Obligations and rights of the operator

If the operator accepts a project, it undertakes to launch the project on the platform for the predefined project duration (the project duration is calculated from the start of the project, which corresponds to the time of the launch of the project by the operator on the platform). In exceptional cases, the project duration may be extended at the operator’s discretion.

If the donation target defined by the initiator is reached within the project period and if the donation target is exceeded within the project period, the operator undertakes, within the scope of its collection activities (see B.5. below), to pay out 90% of the payments received to the initiators’ accounts. The remaining 10% remains with the operator as a fee for its collection activities, which also covers any processing, transaction, brokerage and usage costs. After the donation target has been reached and the operator has received the donations, the payments are transferred to the initiators on an ongoing basis. The efforts to collect the pledged donations will be transferred to the initiators without further action if the first reminder from the operator is unsuccessful. No later than 60 days after the end of the project duration, the payment process will be completed with a final invoice.

The operator is entitled to make use of services offered by payment providers in order to process payments. Payments via the platform can be processed at the operator’s discretion, in particular via the following payment systems and by means of a payment slip: e-banking, credit card, PayPal, Twint, GooglePay, ApplePay.

If the donation target is reached and the project is carried out, the project will remain online on the platform for at least 14 months, whereby the operator has the right to keep the project online longer at its own discretion.

If the donation target is not reached within the predefined project duration, the donations pledged between the users will not be due and the operator will not collect any payments from the donors as part of its collecting activity; the initiators also have no claim to have these forwarded.

In cases of suspected illegal content or technical defects, the operator can remove projects from the platform without giving reasons.

5. Collection activities of the operator 

The initiators instruct the operator to collect the pledged amounts, provided that the corresponding donation target has been reached.

As provider of the platform, the operator is merely a mediator between the users. Any reclaims of donations or the withdrawal of a donation pledge are directed solely against the initiators.

6. Obligations of the initiator

The initiator agrees not to publicise the project they have submitted to the platform at the same time as on another platform pursuing a similar purpose.

The initiator undertakes to provide the operator with all the documents and information necessary for the project to be launched or, if possible, to upload it himself/herself via his/her profile. In particular, the initiator must submit to the operator a 60-120 second video introducing the project as well as a project description of at least 100 words at the beginning of the project.

The initiator agrees to use the money collected exclusively for the purpose outlined in the project description. The operator is entitled to request information from and conduct an inspection of the initiator at any time; the operator may exercise this right itself and/or through third parties commissioned by it; the initiator undertakes to allow or to respond to such requests for information and inspection without delay. In particular, the operator and any third parties commissioned by it have the right to inspect receipts for payments made.

The initiator is responsible for the content of his/her project (images, texts and information) and provides assurance that he/she may dispose of the content provided by him/her and that the rights of third parties are not violated (trademark rights, copyrights, etc.). Copyrights and rights of use associated with the content of the project remain with the initiators.

The initiator also undertakes to treat the contact and address data of the donors provided to him/her by the operator as confidential. In particular, it may only be made available to third parties with the express consent of the donors.

Once the project has been successfully funded, the initiator must upload an update of at least 60 words to the platform at monthly intervals providing information on what the project has achieved. Between 10-14 months after the end of the project, the donor must upload a 60-120 second video on the platform showing the donors how the collected money was used.

C. LEGAL RELATIONSHIP BETWEEN OPERATOR AND DONORS

1. Admission

There is no legal entitlement to admission as a donor. The operator may decline to register a donor or to start a project at any time without specifying the reasons or subsequently to delete their profile.

2. Registration

Before the donor can support a project, they must register using an online form and create a profile. No registration is required simply to browse the projects on offer. All information requested during the registration process must be provided accurately and truthfully by the donor. The operator shall gather at least the following information from the donor.

  • Last name, first name or company name (for legal entities)
  • Place of residence or registered office (for legal entities)
  • Email address
  • Date of birth
  • Telephone number
  • Acceptance of the terms and conditions

The operator verifies the e-mail address by sending an e-mail which first confirms the donor’s wish to donate and which is ultimately required for the donation to be made. The operator is also entitled to collect further information and to identify all information provided by the initiator.

3. Obligations of the donor

The donor can discover and financially support projects on the platform. The donor decides exclusively on their own responsibility whether or not they want to support a project. The donor will only make a conditional written donation pledge to an initiator if he/she confirms this by clicking the corresponding button on the platform. The payment of the amounts promised in the donation pledge is due as soon as the donation target has been reached within the project duration. The initiator is the creditor of the claim arising from the donation pledge. Payment can be made via e-banking, credit card, PayPal, Twint, GooglePay, ApplePay or by means of a payment slip.

4. Obligations of the operator

The operator can accept donations in the name and on behalf of the initiator via the payment channels mentioned in section B.4. as part of its collection activities. Any reclaims for donations or the withdrawal of a promise to make a donation are directed solely against the initiators; the operator itself is at no time a debtor of any claim for reimbursement.

The operator has no obligations towards the donors. It shall not provide any recommendations or forecasts in relation to projects, nor shall it guarantee the correct use of funds by the initiator. In particular, the activation of a project on the platform shall not constitute a recommendation or advice. Nevertheless, the operator is authorised to advertise projects at its own discretion on the platform itself or via other channels such as social media.

D. LEGAL RELATIONSHIP BETWEEN INITIATORS AND DONORS

The activation of a project by the initiator represents an offer of a donation pledge to potential donors. By clicking on the corresponding button on the platform, the donor makes a conditional donation pledge to the initiator. The effect of this promise, i.e. the obligation to make the donation, takes effect when the donation target is reached.

By supporting a project the donor agrees that the initiator may send them project-specific news (such as financial targets achieved or invitations to recruit new donors) and queries about their donation.

The donor has no say in the project being supported. The initiators commit themselves to realise their project within the time limit they have specified after the donation target has been reached and to inform the donors regularly about the status of the respective project.

DATA PRIVACY

Introduction
DAM 10 AG, Schaugentobelstrasse 61, 9037 Speicherschwendi, respects your privacy. This data privacy notice demonstrates our commitment to protecting your privacy and the confidentiality of your personal data.

By accessing our website “www.there-for-you.com” and/or communicating with us via the contact form on our website, by email or using other channels, you signify your agreement with this data privacy notice. If you do not agree with all aspects of this data privacy notice, you must notify us without delay and discontinue using our website. We will subsequently no longer be in a position to provide you with information or services.

What personal data do we record?
We record only those personal data pertaining to you that you provide to us in your communication with us (depending on whether you use the website as an initiator or donor e.g. last name, first name, residential address/domicile address, email address, account relationship and website URL). In some cases your personal information will be supplemented with information from publicly accessible sources (e.g. online media or employer websites) in order to be able to communicate with you effectively and offer you our services.

For what purposes do we process your personal data?
We process your personal data in order to provide you with our services and to communicate with you. In addition, we process your personal data in order to be able to send you newsletters and to comply with the legal obligations incumbent on us, especially in the area of anti-money laundering.

Your personal data will only be used by us, our order processors and service providers (in particular for the purpose of payment processing by Stripe, PayPal, Apple and Google) and our technology providers. The latter are obliged to protect your personal data to the same extent we are. Your personal data will not be sold by us to third parties or transmitted in any other way, unless we have received your prior consent for this or we are required to do so by law or in accordance with other applicable provisions.

On what basis are your personal data processed?
When we process your personal data for the purposes described here, we are guided by your agreement with this data privacy notice, by our legitimate interest in communicating with you about our services, or by other reasons governing the lawful processing of your personal data according to prevailing laws or provisions.

Protection of your personal data
We restrict access to your personal data and the use thereof to those persons who absolutely require knowledge of said data. We employ suitable technical and organisational means to safeguard the confidentiality and integrity of your personal data. All personal data are stored exclusively in a secure hosting environment in Switzerland and/or in Germany. Compliance with all applicable data protection laws is ensured by us at all times.

If your personal data are transferred outside the European Economic Area (EEA) or outside of Switzerland, this is done on the basis of data processing agreements; DAM 10 AG applies the agreement on transborder data flow published the Federal Data Protection and Information Commissioner (FDPIC) or the EU standard contract clauses adopted by the EU Commission for this purpose.

Cookies
Access to areas where registration is required and the use of certain services is only possible if your Internet browser allows cookies. Cookies are small text files that are stored in the user’s browser for the purpose of recognising the user. As a recognised user, you do not have to log in repeatedly. Cookies are used by our servers as well as by ad servers of the following advertising companies: Google Analytics and via embedded videos from Vimeo and/or YouTube.

We also use Google Analytics, a web analysis service provided by Google Inc. (“Google”). The information collected by Google Analytics using cookies on your use of the website (including your IP address) is sent to a Google server in the USA, where it is stored. Google will use this information to evaluate the way you use the website in order to compile website activity reports and in order to provide other website and Internet usage-related services. Google may also transfer this information to third parties where legally required or if third parties process this data on behalf of Google. Google will not associate your IP address with other data.

You can prevent the installation of cookies by adjusting the relevant setting in your browser. If you do so, however, you may not be able to use the full functionality of this website. It is generally recommended to sporadically delete your accumulated cookies. Please refer to the help pages of your browser to find out how to do so.

VWO
We use the tool VWO to carry out surveys and session recordings in order to constantly improve our website by producing anonymised reviews. You can opt out at https://vwo.com/opt-out/ to stop the web analysis.

Your selection options and rights
We afford you irrespective of your country of residence all individual data privacy rights to which you are entitled pursuant to the European General Data Protection Regulation (GDPR):

You have the right to be informed which personal data we process pertaining to your person and to receive a copy of said information so you can verify your personal data are being processed in accordance with the law (right of information). If your personal data are reproduced incorrectly or incompletely, you are entitled to request that they are corrected or supplemented accordingly (right of correction). You can request that your personal data are deleted (right to deletion) or in certain cases request a temporary restriction to processing (right of restriction to processing). In addition, you may object to the processing of your personal data (right of objection) and have the right to receive your personal data in machine-readable form and forward them to another provider, provided this is technically feasible (right of data portability). These rights may be exercised by sending an email to info@there-for-you.com and enclosing a copy of your identity card or equivalent information (where required by us and permitted by law). If the application is made by a person other than you, without providing proof that the application was lawfully made on your behalf, the application will be rejected.

You also have the right to revoke your consent to the extent that we process your personal data on the basis of your consent. The legal validity of our agreement concluded on the basis of your consent issued prior to this revocation is not affected by this.

Storage of your personal data
We store your personal data only for as long as necessary to provide you with our services and/or as prescribed by applicable laws, regulations or retention requirements.

Contact person
If you are unhappy with any aspect of how your personal data are processed, we would like to know how we can support you. Please send an email to info@there-for-you.com.

We have the following data protection representative pursuant to art. 27 GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein as an additional point of contact for supervisory authorities and data subjects for requests in connection with the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany
info@datenschutzpartner.eu

You also have the option of contacting your data protection authorities in your country of residence.