1. Our Principles
The protection and security of your personal data are prime concerns of Federberg GmbH (hereinafter "Federberg" or "we"). Personal data is any data which makes it possible to identify you, e.g., your name, your address or your email address. Therefore, when collecting and processing your personal data, we will strictly observe the provisions of German data privacy law.
Furthermore, it is important to us that you are always aware of the personal data that will be collected when you visit our website or make use of our twigspot service and how such data will be used. The following information serves to inform you in detail about this.
2. Information on User Content
All content posted by users on twigspot is public and can be seen by anybody accessing the twigspot service. It is your choice to post content (photos, videos, tags, comments, etc.) (“User Content”) to the twigspot map and thus make it public immediately. You are solely responsible for the User Content you post. You will create location information by automatically "geo-tagging" your User Content with location information each time you post which results in a display of the respective content on the respective location on the map. At twigspot, in contrast to most existing services, no personal data will be shown next to your posts or content and nobody will be able to „follow“ you to see a summary of your User Content or get notified of new content you post if you don't add or accept another person as a “friend”. Other users will only be able to contact you anonymously through a messaging functionality displayed next to your posts.
3. Avatar functionality
With your prior explicit consent, the default settings of twigspot will enable twigspot to display an anonymous avatar, which cannot be distinguished from any other avatar in twigspot, at your current location on the twigspot map. This anonymous avatar will enable you to receive notifications from other users which locate your avatar on the map. Other users will not be able to link your avatar to your personal data, your twigspot-account or any content you previously posted if you don't add or accept another person as a “friend”. Thus, others will not be able to track your personal whereabouts and movements, if you don't inform them of your current position. The displaying of your avatar can be deactivated in the twigspot settings.
4. Collection and processing of personal data
We will only collect and process personal data where this is permitted by law or if you have given your prior consent.
The purpose of the collection of your personal data is to allow you to use the twigspot service and to enable us to provide the twigspot service to you. We collect and process personal data for the following purposes:
(1) Contact: We will collect and process the contact information which you voluntarily disclose to us (e.g., your name and your email address) to respond to requests for contact which you make using the contact form or email. You are free to decide whether you wish to give us any information and, if so, what information.
(2) Accessing twigspot: We only collect and save a universally unique identifier of the device you use for accessing twigspot. This information will be used to automatically generate an account and user id for you.
(3) Opening a user account: We will collect and process the information required for opening your twigspot user account. With regard to registered users, we collect the data communicated by you within this context (mandatory: your email address). The personal data will be linked directly to a personal user name and password chosen by you and is additionally linked to the end device you use to access the Service via an installed application. You may choose to provide optional profile information. As a registered user, you can access your personal customer account by entering a user name or email address and password; after accessing your personal customer account, you can, among other things, select your personal settings for the use of twigspot and make changes to your data. You may cancel the registration for your user account at any time by using the appropriate functionality.
(4) Security measures: We may collect your IP-address in the event of a misusage complaint in order to effectively safeguard the access to twigspot. In the event of a misusage complaint we may collect your IP-address and, with a respective court order, forward it to the criminal prosecution authority. In the event the complaint is found unfounded, your IP-address will be deleted.
(5) Marketing activities: If you have declared your explicit consent, we may use your email address to contact you in order to provide you with our email newsletter.
3. Disclosure of personal data to third parties
(1) Your personal data collected by us will not be disclosed to any third party without your prior consent (e.g. to buyers of your User Content), unless we are required to do so by court order or by order of public authorities. Federberg will not sell or otherwise market your personal data to third parties.
(2) You can revoke any given consent to the collection and use of your data in whole or in part with effect for the future. For this purpose, please send an according notice to the address given below.
4. Cookies/Google Analytics
5. Retention of Data
Your data will be retained for as long as this is necessary in order to provide the twigspot service to you or for as long as we have a statutory or legal duty to retain your data.
6. Technical and organizational measures
We have implemented the technical and organizational measures requested by the applicable data protection law in order to protect your personal data.
If you have any queries concerning the collection and use of your personal data by Federberg, we will be glad to inform you at any time promptly and free of charge of the data which we have stored with respect to your person. Should you want your data to be corrected, blocked or deleted, or should you have any complaints, need any information or have general questions regarding data protection, we will also be glad to help. For this purpose, please send a letter to Federberg GmbH, Friedrichshafenerstr. 1, 82205 Gilching, or an email to the address: firstname.lastname@example.org.
Munich, October 1st 2012
twigspot is a service of the Federberg GmbH ("Federberg", "we" or "us") that enables users of twigspot ("Users" or "you") to record and upload (from mobile smartphones only), search, offer and request location-based information and media over the internet from mobile smartphones and other internet-connected devices.
By using twigspot you are agreeing to be bound by the following terms and conditions ("Terms"), whether or not you are a registered member of twigspot.
1. Twigspot services
(2) According to sec. 6 of the Terms twigspot may -as an intermediary agent - point out your personal user content to third parties who may be interested in acquiring rights from you.
2. User Account
(1) You must be at least 16 years old to use twigspot. Any registration by, use of or access to twigspot by anyone under 16 is unauthorized, unlicensed and in violation of these Terms. Twigspot reserves the right to ask for age verification.
(2) The first time you open twigspot via the installed twigspot application on your end device and after acceptance of these Terms, a universally unique identifier of your device will be used to automatically generate a non registered account and user id for you. This account can be accessed solely via your end device. We may also give you the possibility to register an account. As soon as you register an account with your email address, e.g. to be able to access additional features of twigspot, you must provide accurate, current and complete information. In case of changes, you are obliged to update information.
(3) You must notify Federberg immediately of any breach of security or unauthorized use of your twigspot account.
(4) Federberg reserves the right to (i) terminate your twigspot account and/or (ii) to permanently block twigspot for the end device you are using to access twigspot in the event you repatedly breach these Terms, breach substantial obligations set out in these Terms, in particular the obligations set out in sec. 4 (1), 4 (2) and 4 (3) or you do not provide the requested proof for age verification as set out in sec. 2 (1).
3. User Content
(1) You are solely responsible for any activity and content (including, without limitation, photos, text, information, audio and video clips, and links to third-party content) that is posted via twigspot with your end device ("User Content"). You can remove any User Content you have posted on twigspot at any time by using the appropriate functionality within twigspot.
(2) You must not upload, transmit, post or otherwise share any content via twigspot that (i) violates applicable laws in your jurisdiction, in particular infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights; (ii) contains defamatory or otherwise unlawful material, (iii) is of destructive nature, in particular worms or viruses; (iii) is racist,obscene, or otherwise inappropriate for minors; or contains unwanted content (e.g. spam). In connection with User Content, you warrant that you have the consent and/or permission of each and every identifiable individual person in the User Content to use such User Content in order to enable inclusion and use of the User Content in the manner contemplated by twigspot and these Terms.
(3) Federberg may remove User Content from twigspot 7 days or later after being uploaded by you since twigspot is all about up-to-date information. Federberg may remove User Content which violates these Terms or which gets reported by others as Content violating their or others' rights at any time, without prior notice and at its sole discretion.
4. Use of twigspot
(1) You must not circumvent, disable or otherwise interfere with security related features of twigspot or features that prevent or restrict use of copying of any User Content.
(2) You may only use twigspot for personal, non-commercial purposes, not withstanding the right to market User Content pursuant to sec. 6. User Content may be accessed and displayed only by using twigspot pursuant to these Terms. You agree not to access User Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of twigspot, and, with respect to audiovisual content, solely for streaming.
You may not use twigspot for any illegal or unauthorized purpose. You agree to comply with all local laws applicable in your jurisdiction while using twigspot, in particular regarding online conduct and acceptable content.
(3) You must not create or submit (i) unwanted messages (spam) and/or messages with commercial purposes (advertising) to any twigspot Users.
(4) Federberg may stop (permanently or temporarily) or change twigspot (or any features within twigspot) to you at Federberg's sole discretion, without prior notice to you. Federberg may establish or change practices and limits concerning the use of twigspot at any time. You may stop using the Service at any time. Federberg reserves the right to implement charges for use of twigspot, or any part of twigspot later on.
(5) Federberg may provide an "Embeddable Widget" feature, which you may incorporate into your own personal, non-commercial website for use in accessing the materials on twigspot. These Terms apply accordingly. The use for commercial purposes requires the prior written consent of Federberg.
(1) We claim no intellectual property rights in the User Content. All User Content, including but not limited to photos, text, video, information, music, sound and other files, is the proprietary property of the respective User with all rights reserved. No User Content may be modified, copied, distributed, framed, reproduced, downloaded or sold in any form or by any means, in whole or in part, without the respective User's prior written permission.
(2) You are granted a non exclusive, non transferable right to access and use the twigspot application and to access and display User Content via twigspot for your personal, non-commercial purposes. You may not copy, reverse engineer, decompile, modify or make derivative works of the twigspot application and/or the User Content, in whole or in part. You also may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the twigspot application and/or the User Content or any part thereof or use it in any manner not expressly authorized by these Terms.
(3) You own the User Content uploaded by yourself. You grant Federberg a perpetual, irrevocable, worldwide, non-exclusive, non-transferable, royalty-free right to reproduce, modify, publish, distribute and publicly display your User Content (in whole or in part) in connection with the twigspot service, including the right to publicly display User Content as collection of such content, including the right to display User Content in this way on third party websites, with or without reference to the twigspot map. This license is for the sole purpose of enabling Federberg to provide twigspot. You also grant each user of twigspot the right to access display and view your User Content for personal use to the extent permitted by the functionality of twigspot and under these Terms. The above granted licences granted by you in User Content terminate when you delete your User Content within twigspot. With uploading your User Content, you represent and warrant to Federberg that you have the right to grant the rights stated above.
(1) Federberg, as an intermediary agency, may point third parties (the "Publishers") who may be interested in acquiring rights e.g.to publish the User Content for certain User Content. Since you own your User Content, twigspot will never sell your User Content on its own behalf, it may only:
• make available the selected User Content, e.g. under protected mode or in lower quality, to Publishers with the aim of informing the Publishers and promoting the User Content;
• bring you into contact with Publishers in order to enable them to obtain exploitation rights for the User Content
• Match supply and demand via automated service features and provide functionalities to automatically manage the process of transferring the exploitation rights.
(2) Federberg reserves the right to keep a fraction of the price paid by a Publisher each time exploitation rights for User Content are acquired (the "Commission"). Before you will be able to transfer exploitation rights via twigspot, you must accept a separate agreement (the "Seller Agreement") and Federberg'sCommission as an intermediary agency. In the context of its activity as an intermediate agency, Federberg never becomes the holder of any rights regarding the User Content and such rights are transferred directly from the User to the Publisher. Federberg, via its Service or a separate platform for the transferring of exploitation rights, only serves as a host for the User's Content and as the entity which makes it available to the Publishers.
7. Limitation of Liability
(1) Federberg shall be liable without limitation:
- for intentional wrongdoing or gross negligence,
- for the violation of life, limb or health,as well as
- in the scope of a guarantee provided by Federberg.
(2) Notwithstanding the provision specified in 7. (1), Federberg shall be liable for ordinary and simple negligence only in the event that it violates major contractual obligations, thus the violation of obligations whose fulfilment only then makes possible the implementation of the contractual agreement and upon whose adherence the Partner may regularly rely ("Cardinal Obligation"). In the event of a violation of a Cardinal Obligation owing to simple negligence, Federberg's liability shall be limited to such typical damages and/or such a typical scope of damages which were foreseeable at the point in time that the contractual agreement was concluded.
(3) The aforementioned liability limitation shall also be valid in the event that negligence is committed by one of Federberg's vicarious agents as well as for the personal liability of Federberg's employees, representatives and bodies.
8. Applicable law
The Terms and your relationship with Federberg shall be governed by the laws of the Federal Republic of Germanywithout regard to its conflict of laws provisions.
Effective Date: October 1st, 2012