AGB
TERMS AND CONDITIONS (GTC)
1. GENERAL
(a) The “Next2me” platform (hereinafter “Next2me”) is an offer from Next2me GmbH, registration number CH-020.4.062.289-4
(b) With «Next2me», private individuals, organizations, companies and committed people can network with one another in the simplest possible way, for the purpose of matching helpers and those seeking help for an occasion, a project or an individual need.
(c) These terms and conditions regulate the use of «Next2me». Access to and use of “Next2me” requires acceptance and compliance with these General Terms and Conditions (hereinafter referred to as GTC). These terms and conditions apply to all visitors, users and others who access «Next2me» or use «Next2me». If you do not agree to these terms and conditions in whole or in part, you may not use «Next2me».
2. TERMS OF USE
(a) We hereby grant you a non-exclusive, non-transferable, non-sublicensable license to use “Next2me” in accordance with the provisions of these GTC.
(b) To use «Next2me», you must be 14 years of age or the age required in your country to register or use our services.
(c) You may only pursue permissible purposes when using our service. In particular, you may not violate the rights of Next2me GmbH, our users or third parties through our service (including intellectual property rights and other protective rights) and you may not transmit any abusive, illegal, obscene, defamatory, misleading or ethically objectionable content. We reserve the right to block or remove content if this provision is violated.
(d) If you discover a malfunction or an error in «Next2me», you must inform us immediately.
3. ACCOUNT
(a) When you create an account for the use of «Next2me», you must provide information that is accurate, complete and up-to-date, and update it on an ongoing basis. Otherwise your account will be blocked immediately and your usage rights will be revoked.
(b) You are responsible for protecting the password that you use to access «Next2me». You agree not to give your password to third parties. You must notify us immediately if you become aware of a security breach or unauthorized use of your account.
4. FEES
(a) Use of the basic version of «Next2me» is free of charge. Available updates are marked accordingly and provided with a price plan, and can be purchased via an order.
(b) You are obliged to pay the fees for chargeable functions according to the fee schedule. You can find these fees and features on our website.
(c) We can unilaterally change the prices set out in the fee schedule at our sole discretion at any time. The fee schedule on our website is continuously updated. The new prices will be billed to new users (including users whose payment has expired and no longer have access to «Next2me»).
(d) You bear all data tariffs of your mobile phone provider or network operator as well as all other fees and taxes associated with the use of our services.
5. CHANGES
(a) We reserve the right to change the processes and functionalities of «Next2me» at our own discretion as part of the continuous improvement process.
(b) We reserve the right to block access to «Next2me» and / or otherwise restrict the functions or functionality of «Next2me».
(c) We reserve the right to unilaterally change or replace these terms and conditions at any time at our own discretion. Any changes to these terms and conditions will be announced on our website. Users are asked to accept the current version. If you do not accept the revised terms and conditions, you may no longer use «Next2me».
6. LIMITATION OF LIABILITY
(a) We are only liable for gross negligence and intent. Otherwise liability is excluded to the extent permitted by law. In particular, we are not liable for damage caused by our auxiliary staff or third parties.
(b) We are not liable for indirect or consequential damage, loss of profit, claims by third parties, damage or loss of data, damage due to interruptions, delays or defects, or for a specific technical or economic success.
(c) We decline any liability for user-created content or information provided by the user. The users are responsible for complying with applicable laws, providing truthful information and not violating any third party rights. The users undertake to keep us free from any kind of costs, lawsuits, damages, losses or other claims that may arise through their
re use of «Next2me» could arise.
(d) You are responsible for appropriate organizational, technical and contractual security measures in connection with the provision of access codes, data transfer, misuse by unauthorized persons and personal data in accordance with the Data Protection Act. Any liability on our part in this regard is expressly excluded.
7. WARRANTY
(a) We do not make any representations or warranties of any kind, either implied or express, with regard to «Next2me», the website or the associated technology, with regard to marketability, suitability
for a specific purpose or third party rights. The use of «Next2me» is at your own risk. «Next2me» is provided on an as is basis.
(b) We cannot guarantee that «Next2me» will be available and functioning uninterrupted, securely, at any time and in any location. We undertake to correct all errors or deficiencies, but we cannot guarantee that «Next2me» is free from errors, viruses or bugs.
(c) We do not guarantee that «Next2me» does not infringe any intellectual property rights, property rights of third parties or the terms and conditions of third party software contained in «Next2me».
8. DATA PROTECTION AND SECURITY
(a) Users of «Next2me» are obliged to adhere to the applicable data protection laws. By accepting these terms and conditions, you expressly agree to the operator's privacy policy.
(b) Data protection and data security is a priority for us, which is why we take the appropriate contractual, technical and organizational measures to comply with them at all times. We comply with the Swiss data protection law and are also guided by the requirements of the European Data Protection Regulation GDPR.
(c) All data is kept at Next2me.
(d) As a user of “Next2me” you are responsible for all personal data that you process when using “Next2me”. You confirm that you comply with the data protection laws that apply to you.
9. REFERENCES
(a) You may not refer to Next2me or use the corresponding logos without our prior consent.
10. TERMINATION
(a) We can block access to «Next2me» at any time without giving any reason in advance, for any reason
withdraw them and forbid you to use them again, especially if you violate your obligations under these terms and conditions or the data protection declaration.
(b) If you want to stop using «Next2me», you can delete your account. After deletion, your right to use “Next2me” expires immediately and you no longer have access to your “Next2me” account. Please also note that you cannot download any data from «Next2me». Please note that we keep anonymized reports and log data even after deleting your account and reserve the right to re-identify them in the event that misuse is discovered.
(c) These terms and conditions remain valid even after termination, in particular the data protection obligations, the exclusion of warranty and the liability restrictions.
11. SEVERABILITY CLAUSE
(a) Should individual provisions of these terms and conditions be or become ineffective or unenforceable, they should be replaced with a provision corresponding to the will of the parties. The remaining provisions remain unaffected.
12. PLACE OF JURISDICTION AND APPLICABLE LAW (a) All disputes arising from or in connection with these GTC will be decided by the ordinary courts at the operator's registered office. (b) These terms and conditions are exclusively subject to Swiss law to the exclusion of international private law and the UN sales law.
PRIVACY POLICY WEB VERSION OF «Next2me»
Data protection and data security have the highest priority for us. We strictly adhere to the data protection law applicable in Switzerland. We use technical and organizational security measures to adequately protect personal data against unauthorized access, manipulation, loss and deletion. Our technical and organizational security measures are regularly checked and adapted to technological progress. Please read this
Data protection declaration carefully before you use our services (web). This data protection declaration is an integral part of the «Next2me» GTC. By accessing the “Next2me” platform, users declare their consent to the collection of data in accordance with this data protection declaration. The data protection declaration (website), which is published on the publicly accessible website, applies to visitors to the publicly accessible 'Next2me' website
1. DATA COLLECTION
(a) We process personal data of users for the sole purpose of providing our services. We collect and process person
en-related data (e.g. names, addresses, gender, e-mail and telephone numbers, etc.) of users that they transmit when registering or using the app.]
2. USE OF THE DATA
(a) We use personal data of users and members for the following purposes:
(i) to provide our services in accordance with the terms and conditions;
(ii) to manage, analyze, develop and improve our services;
(iii) to inform users of any changes to our services; and
(iv) for marketing purposes and market research, to provide our users and members with information about our products and services or from other companies that we believe may be of interest. Users and members can make use of their opt-out right at any time.
(b) Furthermore, we can generate, use and analyze aggregated, anonymized or non-personal data that originate from the use of the services (log data, location data, usage behavior) and how the services are used in order to improve and expand them , as well as for the creation of statistics and evaluations. This usage data is basically anonymized, but we reserve it
propose to re-identify if misuse is discovered
(c) We are entitled to share such aggregated, non-personal data with third parties for the purpose of scientific research.
3. DISCLOSURE OF DATA
(a) User contact details are only disclosed to third parties if the data is public, if this is necessary in connection with the use or provision of our services, or if this is done to comply with legal obligations or official orders or this is otherwise legally permissible.
(b) In addition, for the optimal provision of the services it may be necessary for certain user data to be processed by third parties on our behalf. These third parties may only use the data for the purposes set out in Section 2 and not for their own purposes.
4. NEWSLETTER
(a) After you have given us your email address, we will from time to time send you news about our company, our services and product information.
(b) We use the sendinblue.com software to send and analyze the opening and click rates of the newsletter.
(c) The data (email address, possibly name, IP address, date and time of your registration) are stored on the servers of this provider. However, personal data may not be used by this provider for purposes other than sending e-mails on our behalf.
(d) You can find more information on Sendinblue's data protection provisions at: https://de.sendinblue.com/datenschutz-uebersicht/
5. INFORMATION, CORRECTION AND DELETION
(a) Users are entitled to submit a written request for information. We provide timely information on all processed data of the user or member concerned, including the available information on the origin of the data, the purpose and the categories of the personal data processed
those involved in the collection and the data recipients. The request for information must be sent by post with proof of identity to the following address: Next2me GmbH, Girhaldenstrasse 4, 8048 Zurich
(b) Users and members are entitled to have incorrect data corrected.
(c) With the deletion of a user account, all personal data of the user will be deleted, unless deletion is not possible due to another existing contractual relationship with the user or due to a legal or contractual retention obligation. Anonymized member data will continue to be kept in our database and processed for statistics and evaluations.
(d) Users have the right to revoke their consent at any time (e.g. when sending the newsletter) with effect for the future.
(e) Furthermore, users are entitled to object to data processing that is not based on a contractual relationship or consent. If the objection relates to processing for marketing purposes, the personal data will no longer be processed for this purpose.
6. SAFETY NOTICE
(a) For the secure transmission of information, we provide users with an encrypted upload option on the app. We cannot guarantee confidentiality for transmissions by other means (e.g. by email). The Internet, websites and the electronic transmission of data are generally considered to be insecure in terms of confidentiality and data security. Unauthorized third parties can access information that is exchanged via the aforementioned channels, and data can be damaged or its content changed. We are not responsible for
the security of electronically transmitted data.
7. CONSENT AND CHANGES TO THE PRIVACY POLICY (WEB)
(a) By using our services, you consent to the processing of your personal data in accordance with this data protection declaration.
(b) We reserve the right to adapt this data protection declaration at any time. The current data protection declaration published on the website applies. Significant changes to the data protection declaration platform will be communicated to registered users by e-mail to the e-mail address given during registration or by a corresponding note at a suitable point after logging in to the user account.
8. CONTACT
(a) Questions should be directed to info@next2me.ch.
