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General Terms and Conditions of Use (GTCU)

 Introduction

Projekt CH+ and the CH+ Election App are operated by Ommon GmbH (www.ommon.ch) (hereinafter referred to as the „Operator“). Projekt CH+ is a research and business project of the „First Ventures“ programme of the Gebert Rüf Foundation and is carried out at the Zurich University of the Arts. Projekt CH+ comprises various digital applications:

  • Projekt CH+ Website (www.projektchplus.ch)
  • CH+ Wahl-App (chplusapp.ch)
  • DOPE Elections

Terms regarding the use and data protection of the DOPE Elections App are defined separately, in the “ DOPE Elections App End User License Agreement “, and are accepted with the use of the DOPE Elections App. The following terms and conditions apply to the Projekt CH+ Website (www.projektchplus.ch) and the CH+ Election App (www.chplusapp.ch).

The CH+ Election App is a politically neutral election aid, which is primarily aimed at young voters and is publicly accessible via the website www.chplusapp.ch. Its purpose is to make it easier for voters to make their decision on who they want to vote for.

The services of the CH+ Election App are accessible to voters free of charge.  The data on candidates is provided by smartvote (www.smartvote.ch). smartvote is developed and operated by the Politools association (www.politools.net).

These GTCU govern the use of the CH+ Election App by voters (hereinafter referred to as „Users“).

  1. Terms of use

1.1 General

The CH+ Election App provides access to political information that may be relevant to your political awareness and voting decision. All content on the CH+ Election App is protected by copyright.

1.2 Warranty

Although the Operator endeavours to ensure that the information collected is correct at the time of publication, no guarantee can be given that the information is complete, up-to-date and correct in terms of content.

1.3 Third-party offers and content

Information and services which is provided by third parties and that can be accessed via the CH+ Election App are entirely the responsibility of the respective third parties. The Operator accepts no liability for the content or correct functioning of third-party websites which can be accessed via a link through the CH+ Election App.

1.4 Changes to content

The Operator expressly reserves the right to change, supplement or delete parts or the entire CH+ Wahl app without notice, or to discontinue publication temporarily or permanently.

1.5 User account

The CH+ Election App offers voters the opportunity to set up a free, password-protected User account. A registration link will be sent by e-mail. Users themselves are responsible for keeping the passwords and confidential information of the User accounts secret. The Operator is entitled to delete User accounts at any time without giving reasons and without notice. The data collected will be protected in accordance with the data protection regulations ( see section 2).

1.6 Protection against misuse

The Operator accepts no responsibility for content entered by candidates or Users.  The Operator reserves the right at any time to delete the User account of Users without giving reasons and without notice in the event of improper information or misuse of any kind (in particular in the event of violations of the penal code) or to block content.

1.7 Copyrights

The content, design, structure and source code of the CH+ Election App are protected by copyright.  The modification of the content, its linking or use for commercial or public purposes (in particular integration into another website or the use of evaluations displayed on the CH+ Wahl app in print and electronic media) require the explicit consent of the Operator.  Without the explicit consent and the required indication of source („www.chplusapp.ch“), the aforementioned actions constitute a violation of the Swiss Copyright Act (Urheberrechtsgesetzes URG).

1.8 Liability

The Operator is only liable for damage caused by gross negligence or wilful misconduct, which lies within the Operator’s sphere of responsibility. The Operator is not liable for damage caused by an authorised auxiliary person in the course of his work. Liability for indirect and consequential damages is excluded to the extent permitted by law.

In particular, the Operator cannot guarantee that the CH+ Election App can be accessed at all times.  In particular, the Operator accepts no liability for errors that lie in the area of third party telecommunications service providers or the hosting provider.

 

  1. Data protection

Stored User data is treated confidentially and adequately protected against access by third parties.  The Operator complies with the provisions of Swiss data protection legislation. Personal data that has not been made freely accessible by Users in the CH+ Election App will not be passed on to third parties.

By entering personal data in a contact form or by sending e-mails, Users agree to the use of personal data for a limited, internal purpose.

Users are aware that the unencrypted transmission of data via e-mail or the Internet can be read or even changed by third parties using special devices.

Further provisions on data protection can be found in the privacy policy, which can be viewed on Projekt CH+ website.

 

3 Amendment of the GTCU

The Operator may amend the GTCU at any time. Users will be notified of any changes in an appropriate manner. The current version of the GTCU can be viewed on the Projekt CH+ website.

 

4 Place of jurisdiction and applicable law

The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the CH+ Election App is Zurich.   Deviating mandatory places of jurisdiction under federal law remain reserved.

Swiss material law is applicable.

Privacy Policy

Introduction

Projekt CH+ is operated by Ommon GmbH (www.ommon.ch) (hereinafter referred to as the „Operator“). Projekt CH+ comprises various digital applications:

  • Projekt CH+ Website (www.projektchplus.ch)
  • CH+ Wahl-App (chplusapp.ch)
  • DOPE Elections

Terms regarding the use and data protection of the DOPE Elections App are defined separately, in the “ DOPE Elections App End User License Agreement “, and are accepted with the use of the DOPE Elections App. The following terms and conditions apply to the Projekt CH+ Website (www.projektchplus.ch) and the CH+ Election App (www.chplusapp.ch).

When using the Projekt CH+ applications www.projektchplus.ch and www.chplusapp.ch, certain User data is stored.  Some of this data is sensitive personal data. This privacy policy provides information on how the Operator handles personal data that is collected when using Projekt CH+ applications. By using the Projekt CH+ applications (www.projektchplus.ch, www.chplusapp.ch), you consent to the processing of your data in accordance with this privacy policy and accept this privacy policy.

Supplementary provisions on the use of the CH+ Election App can be found in the General Terms of Use (GTCU).

To ensure the security of your data, the CH+ Election App (www.chplusapp.ch) has been analysed by Zühlke AG (www.zuehlke.ch). Zühlke AG’s recommendations for security measures for the CH+ Election App have been implemented accordingly.

  1. Hosting in Switzerland

Our server infrastructure is hosted by cyon (cyon.ch) in Basel, Switzerland. cyon is part of the „swiss hosting“ label, which meets the following requirements:

  • The registered office and the place of actual administration of the licensee must be located in Switzerland.
  • The hosting of offered applications, personal data and factual data must take place in a data centre in Switzerland.
  1. Automatically saved data

As with any connection to a web server, the server of our web hosting provider cyon in Basel, Switzerland, logs and stores certain technical data. These are:

  • browser type and browser version
  • Operating system used
  • referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

This data is not merged with other data sources.

The basis for the data processing is Art. 6 para. 1 lit. f DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

This is necessary for technical reasons in order to provide you with our website. cyon protects this data with technical and organisational measures against unauthorised access and does not pass it on to third parties. Should we process personal data in the process, this will only be in the form of anonymous access statistics based on aggregated data.

  1. Storage and use of further data

When using Projekt CH+ applications (www.projektchplus.ch, www.chplusapp.ch), data entered by Users is stored.  This includes, in particular, the answers to the smartvote questionnaire, personal data when creating a User account or information on participation in surveys integrated into Projekt CH+. This data is stored separately.

All data is evaluated and published only in anonymised and aggregated form. This ensures that individual Users cannot be identified. Postal or e-mail addresses and telephone numbers are only used for our own direct communication with Users and are not passed on to third parties under any circumstances. Data provided or collected in surveys and applications of Projekt CH+ may be linked to each other – even across several visits and contacts, for example if you are recognised on the basis of your User name, an e-mail address or a device ID.

4 Right to information and right to deletion

Users have the right to free information about the stored data as well as the right to correct, block or delete their data by means of written notification. Users can delete their profile and thus all data contained on the server as well as data stored locally in the web browser.

The Operator accepts no liability for data that is found by third party search engines (e.g. Google) in Projekt CH+ applications (www.projektchplus.ch, www.chplusapp.ch) even after it has been deleted.  Users must request their deletion directly from the third party responsible.

  1. Data analysis and tracking

No additional web analytics or tracking tools are used.

  1. Social Media and Sharing

No data is provided to social media platforms.

  1. Use of external service providers for sending e-mails

Users who register via the Projekt CH+ website and registered Users of the CH+ Election App receive approximately 4-6 newsletter emails per year. For this purpose, Projekt CH+ can use the necessary services for sending, and the e-mail addresses can be deposited with these service providers (e.g. Mailchimp.com).

  1. Data security

Projekt CH+ operates internet-based systems that meet the customary security standards and takes appropriate technical and organisational precautions to protect all sensitive data from manipulation, unauthorised access, loss, falsification and destruction. Appropriate measures, such as IT training, technical security measures, access controls, network security solutions, and encryption are used for this purpose. As the Internet is an open and globally accessible network, no comprehensive guarantee can be given for the secure, confidential and anonymous transmission of data via the Internet.

  1. Changes to the privacy policy

We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. Insofar as the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

DOPE Elections App End User License Agreement

    This End User License Agreement (“Agreement”) is between you (“user”) and the Ommon GmbH (“Ommon”) and governs the use of the app “DOPE Elections” made available through the Apple App Store and the Google Play Store. By installing the DOPE Elections app, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the DOPE Elections app.

    1. Parties 

This Agreement is between you and Ommon only, and not Apple, Inc. (“Apple”) or Google, Inc. (“Google”). Notwithstanding the foregoing, you acknowledge that Apple, Google and their subsidiaries are third party beneficiaries of this Agreement and Apple and Google have the right to enforce this Agreement against you. Ommon, not Apple or Google, is solely responsible for the DOPE Elections app and its content.

    2. Privacy

The DOPE Elections app does not collect political data. Political data is stored on your personal device only. The DOPE Elections app may collect certain information about your device. As long as it is in a form that does not personally identify you, Ommon may use this information to measure the use and performance of the DOPE Elections app. 

  • In order to provide the correct app content, minimal information (such as language and region set by you, the user) is transmitted to a web server owned by Ommon. The server is hosted on cyon (Switzerland, www.cyon.ch).
  • The DOPE Elections app does not transmit device or usage information outside of the store statistics, which are collected by Google and Apple.
  • When using the scan function, a picture is taken with the device camera and processed by third parties (cyon and Google).

All other user data is stored exclusively and locally on the user’s device.

    3. Limited License 

Ommon grants you a limited, non-exclusive, non-transferable, revocable license to use the DOPE Elections app for your personal, non-commercial purposes. You may only use the DOPE Elections app on mobile devices that you own or control and as permitted by the “App Store” Terms of Service or the “Play Store” Terms of Service.

  • It is not permitted to decompile the DOPE Elections app, to use third-party software to analyse the app or to otherwise modify it outside of its intended use (memory sniffing etc.). It is not permitted to use or analyse services in connection with the DOPE Elections app outside the regular use of the DOPE Elections app.

    4. smartvote Data 

The DOPE Elections app uses political data provided by smartvote. You may not adapt or distribute the smartvote data which is accessible via the DOPE Elections app.

Ommon has no influence on the data provided by smartvote and does not accept any responsibility for errors or other untruths/incompletenesses etc. contained therein.

    4. Warranty 

Ommon disclaims all warranties about the DOPE Elections app to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Ommon, not Apple or Google, shall be solely responsible for such warranty.

The DOPE Elections app does not provide holistic election recommendations. The implemented system for determining the election proposals is taken directly from smartvote. Ommon makes no claim to the completeness, correctness or applicability of the election recommendations inside the DOPE Elections app. The DOPE Elections app is primarily an entertainment product and is not to be understood as a final election recommendation.

    5. Maintenance and Support 

Ommon does provide minimal maintenance or support but not to the extent that any maintenance or support is required by applicable law. Ommon, not Apple or Google, shall be obligated to offer any such maintenance or support.

    6. Product Claims 

Ommon, not Apple or Google, is responsible for addressing any claims by you relating to the DOPE Elections app or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the DOPE Elections app fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

    7. Third Party Intellectual Property Claims 

Ommon shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the DOPE Elections app. To the extent Ommon is required to provide indemnification by applicable law, Ommon, not Apple or Google, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the DOPE Elections app or your use of it infringes any third party intellectual property right.

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