Terms of use and privacy policy

 General information

Data protection is very important to us and we will only process your data in accordance with the legal requirements. In these terms of use we explain how we handle data and what rights you have.

Acceptance of the terms of use

By accessing and using this platform, you agree to the terms of use and accept them as binding. If you do not agree with the terms of use, you are not allowed to access the Quartieridee platform or use its contents.

Responsible organisation

The following contact is responsible for the data processing shown in these terms of use. If you have data protection concerns, you can address the following organisation:

Urban Equipe

Erismannstrasse 31 

8004 Zurich

equipe@urban-equipe.ch

Terms of Use

Basic rules

The Quartieridee platform is an online meeting place that aims to improve participation in the urban environment. Therefore, you as a user are obliged to behave conscientiously and in accordance with this goal.

The organising institutions of the platform are not responsible for the proper use of the Quartieridee platform by the users or for the content it makes available. Each user is responsible for the correct use of the platform as well as for the legality of the contents and the shared opinions.

The following rules of conduct apply on the platform:

• Try to give constructive feedback.
• Try to show alternatives instead of just criticism.
• Show mutual respect.
• Do not use racist, anti-Semitic, sexist or otherwise discriminating statements.
• Do not disseminate obvious misinformation ("fake news").

The organising institutions reserve the right to remove opinions, information, comments, suggestions or files that violate these terms of use from the Quartieridee platform. However, this is only done with the intention of preserving the fundamental objective of the Quartieridee platform. The organising institutions also reserve the right - with prior notice - to temporarily suspend the activities of a user of the platform by :

•  deleting the user content
• deleting the user account 
• or issuing a warning,

especially and without limitation in the following cases:

• if there is a violation of these terms of use or
• if the organising institutions are of the opinion that the participant's activity is harmful to others or to the platform.

Conditions for handling the content you provide

These terms of use govern the terms and conditions for the data that you, the user of this platform, submit using the appropriate forms (referred to in this chapter as user content). User content does not include the personal data (such as the user name or e-mail address) provided during registration and verification, but only the public data generated by your behaviour on the platform (comments, suggestions, ...). The following conditions apply to the user content: 

• Public: All user content deals with public topics and is of public interest. It is therefore publicly accessible.
• Contact permission: If the organising institutions need further information from the user, they can contact you to request additional information without you or the institution entering into any obligation towards the other party. This information is considered non-confidential. Exceptions are made in cases where both parties consider it necessary to exchange information of a confidential nature and a confidentiality agreement is signed.
• Publication or distribution of the contents: All information provided by you may be published on the Quartieridee platform as well as by any other means the organising institutions deem appropriate to promote this project.
• Intellectual property: Unless otherwise stated, the content protected by intellectual property rights that you add to this platform is subject to a Creative Commons - Recommendation - Share Alike (CC-BY-SA 4.0) license.
• Cancellation Procedure: Any person may, for valid reasons, request the concealment of content that does not comply with the principles or with these terms of use. Such content may be reported by clicking on the small flag icon or by e-mail (frage@quartieridee.ch). The sponsor will process the request and reserves the right to carry out the necessary checks or clarifications before hiding any content.

Disclaimer

All information and content provided and made available to the respective user on this platform, such as documents, texts, images, graphics, links, forms and software are provided "as is" and "as available". The organising institutions as well as those associated with it hereby reject any liability for defects, warranty or assurances to the extent permitted by law. This applies in particular to the assurance of general usability, suitability for a specific purpose or the non-infringement of the rights of third parties. The organising institutions do not warrant that the platform will meet your requirements or be uninterrupted, secure, error-free or complete.

Downloading or otherwise obtaining material through the use of this platform is at your own discretion and risk. The organising institutions are not liable for damage to your computer system or for data loss caused by viruses or other harmful components as a result of downloading.

The Quartieridee platform may contain third-party content or hyperlinks to third-party websites. The organising institutions have no control over these websites and are under no circumstances liable for the content of a website of a third party that is connected to this platform via a hyperlink. This includes, but is not limited to, the accuracy, content, quality or timeliness of this platform.

Privacy policy

Processing of personal data

First and foremost, we process personal data that we collect when operating our platform. We collect your personal data from you directly, in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of your visit, pages and content accessed, functions used, referring websites, location information). Additionally, we collect any kind of information that you give us directly through the use of the platform (e.g. votes). 

Purposes and legal basis of data processing

We process your data only for specified purposes and only in cases permitted by law. Below you will find the individual data processing procedures on our website, with the purposes and legal basis for data processing.

The following reasons are possible as legal basis:

• Your consent
• The execution of a contract or pre-contractual measures
• The fulfilment of legal requirements
• Our legitimate interests, unless your interests or basic rights outweigh these
• To safeguard vital interests of you or another person or to perform a task in the public interest
• Other relevant legal bases.

You will find a reference to the legal bases in the respective processing operations.

If you have given us your consent to process your personal data for specific purposes, we will process your data within the scope of this consent, unless we have another legal basis. You can revoke the consent you have given at any time. Data processing that has already taken place is not affected by this.

Data transfer

In the course of providing our services and making our website available, we may need to use the services of third parties. In this context, it may happen that we commission third parties to process your personal data. In this case, we will contractually ensure that these third parties comply with the requirements of data protection. Under certain circumstances we may also be obliged to disclose your data to authorities or other third parties.

We will only disclose your personal data if one of the following conditions is met:

• Your consent has been obtained
• there is a legal obligation
• if this is necessary to enforce our rights, especially to enforce claims arising from the contractual relationship
• if this is necessary to fulfil the contract or to carry out pre-contractual measures
• if we have a legitimate interest in doing so and your contrary interests do not outweigh our own
• if another legal permission has been granted.

Under certain circumstances, your personal data may also be transferred to companies abroad in the course of order processing. These companies are obligated to the same extent to data protection as we are ourselves. If the level of data protection in the country in which data is transferred does not correspond to that of Switzerland or the European Union, we will ensure by contract that the same level of protection is guaranteed as in Switzerland or the European Union. This can be done by standard data protection clauses of the European Commission or a supervisory authority or approved and authorised codes of conduct together with binding and enforceable obligations of the recipient or authorised certification mechanisms together with binding and enforceable obligations of the recipient.

If data is transferred to a company in the USA, we ensure that this company is certified in accordance with the Swiss/ EU-US Privacy Shield Agreement, thus ensuring that the level of data protection in Switzerland and the EU is maintained. If certification is missing, we obtain the necessary guarantees by contract.

Retention period

We only store personal data for as long as necessary to fulfil the individual purposes for which the data was collected. 

Data security

We take data security very seriously and use appropriate technical and organizational security measures to protect your personal data against accidental or intentional manipulation, loss, destruction or against unauthorized access by third parties. We are continuously improving our security measures in line with technological developments.

Within our website we use the SSL (Secure Socket Layer) procedure in connection with the highest level of encryption supported by your browser. You can tell whether an individual page of our website is being transmitted in encrypted form by the closed display of the lock symbol in the status bar of your browser.

Individual data processing operations

Provision of the website and creation of log files

When you call up our website, the provider of the pages automatically collects and stores information in so-called server log files, which your browser transmits to us. These are:

• Server name
• IP address
• Operating system
• Device type
• Browser name and version
• Date and time of the server request

This data cannot be assigned to a specific person and there is no consolidation of this data with other data sources. Log files are stored to guarantee the functionality of the website and to ensure the security of our information technology systems. This is our legitimate interest according to Art. 6 Para. 1 lit. f DSGVO.

The data is only stored for as long as it is necessary to achieve the purpose for which it was collected. Accordingly, the data is deleted at the end of each session. The storage of the log files is absolutely necessary for the operation of the website, you therefore have no possibility to object to it.

Use of cookies

Our website uses cookies. Cookies are text files that are stored on your device's operating system with the help of the browser when you visit our website. Cookies do not damage your computer and do not contain viruses.

Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser on your next visit. This allows us to save certain settings (such as language settings or location information) so that you do not have to re-enter them when you return to the website.

We use cookies to make our website more user-friendly, effective and safe. The use of cookies and the processing of your data in this regard is based on the legal basis of our legitimate interests in the above-mentioned purposes in accordance with Art. 6 para. 1 lit. f DSGVO.

Right of objection

The cookies are stored on your computer. You therefore have full control over the use of the cookies. You can delete them completely or deactivate or restrict their transmission by means of changing the settings in your browser. If you deactivate cookies for our website, it may not be possible to use all the functions of the website to their full extent.

Registration

You can freely and anonymously access and move on the Quartieridee platform. In order to use certain functions of our platform (e.g. commenting, collecting suggestions, voting), registration is required. You will need a name, a valid e-mail address, a password and you will need to accept the terms of use. The registration is done via Double-Opt-In, i.e. after filling out the registration form you will receive a confirmation e-mail for verification purposes. Only then will you be added to the user database.

Right of objection

If you no longer wish to keep your account, you can delete it yourself in your profile settings. This will irrevocably delete all your personal data (not the user content). If you want to participate on the platform again, you have to register again. All user content will remain for the purpose of transparency and traceability, but will be assigned to an anonymous user.

Contact by e-mail

You have the possibility to contact us by e-mail. If you contact us by e-mail, the following data will be processed:

• e-mail address
• Content of your e-mail
• Subject of your e-mail
• Date
• Contact information you provide (e.g. name, surname, telephone number if applicable, address)

Your details will be stored by us for the purpose of processing your enquiry and in the event of follow-up questions. According to Art. 6 para. 1 lit. b DSGVO, pre-contractual measures or our legitimate interests in the processing of the enquiry according to Art. 6 para. 1 lit. f DSGVO serve as the legal basis.

We will only store your data for as long as is necessary to process your enquiry or as long as we are required to do so by law.

We would like to point out that e-mails can be read or changed without authorisation and unnoticed during transmission. E-mails can be rejected by the spam filter if they are identified as spam by certain features.

Use of Matomo

On our platform we use the web analysis service software Matomo (www.matomo.org), a service of the provider InnoCraft Ltd, 150 Willis Street, 6011 Wellington, New Zealand, ("Matomo"). With Matomo, pseudonymised user profiles can be created and evaluated. Cookies can be used for this purpose (see above for the cookie concept). Among other things, the cookies enable the recognition of the Internet browser. The data collected with Matomo technology (including your pseudonymised IP address) are processed on our servers.

The information generated by the cookie in the pseudonymous user profile is not used to personally identify the visitor of this platform and is not merged with personal data about the bearer of the pseudonym.

Matomo is used for statistical analysis of user behaviour for optimisation and marketing purposes. This is also where our legitimate interests lie in accordance with Art. 6 para. 1 lit. f DSGVO which serve as the legal basis for data processing.

The data collected with Matomo technology (including your pseudonymised IP address) is processed on the Matomo cloud server in Germany in compliance with the DSGVO.

Right of objection

You can prevent the storage of cookies and thus the analysis by Matomo by means of settings in your browser

Concluding provisions

Choice of law and place of jurisdiction

The present terms of use and their interpretation are fully subject to Swiss law. Exclusive place of jurisdiction is Zürich.

Modification of the terms and conditions

The present terms of use may be changed by the organising institutions at any time without prior notice. Any changes will take effect at the time of their publication. Furthermore, the organizing institutions reserve the right to restrict or deny access to the platform in whole or in part without prior notification and without stating reasons.

Severability clause

If any provision of these terms of use is or becomes invalid or unenforceable, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely approximates the intent of the original provision. This shall not affect the validity of the remaining provisions.

Zurich, 18.9.2020