LICENCE AGREEMENT AND TERMS AND CONDITIONS OF USE

of VE Vision Education GmbH

 

FN 462915h

Reisnerstraße 50/13

A-1030 Vienna

(In the event of any deviations resulting from the translation of these terms and conditions, the German version shall prevail.)

May 23rd, 2018

 

  1. PREAMBLE
    1. These terms and conditions constitute a contract (hereinafter the “Agreement”) between you, the User (hereinafter the “User”), and VE Vision Education GmbH (hereinafter the “Operator“).
  1. By clicking on the “Buy” button in the Apple App-Store and entering your password or touch ID, or by clicking the “buy” button after entering your password in Alphabet’s “Google Play” Store, or by clicking the download button on our website, you make an offer subject to this agreement as a purchaser which arises with the imminent start of the download (§ 864 Civil Code ABGB).
  1. Third-party licence holders, advocacy groups, trainers or similar third parties may acquire licenses as part of their own licence agreement in their own name at their own cost as a means of obtaining access codes which can be used by the User to unlock app functions and other offers provided by the Operator. A separate claim or obligation shall not arise to the User from the relationship between third-party licence holder and Operator.
  1. Privacy aspects are regulated in our privacy notice, which forms an integral part of this agreement and is attached to this agreement as “Appendix 1.D“.
  1. DEFINITION OF TERMS
  • App, Online Platform

The Operator provides access to a program (an “App”) for Apple iOS and Google Android and – where applicable – as an online platform in the form of infrastructure which, in general terms, supports language learning and knowledge management.

  • Service

As a service (hereinafter “Service”) many vocabulary items are provided with images, sounds and sample sentences, which can be learned using various techniques.

  • Overall Product

The App, online platform, Service and all other performances are provided due to this agreement are together referred to as the “Overall Product”.

  • Device

Device means any physical or virtual device that can process data with the aid of a programmable algorithm.

  • License

License is a name for the right to use the software as per this agreement. The licence sets out the type and scope of the right to use this software.

  • User-account

The use of our services and access to our content require a personal user account. This user account consists of the User’s email address and a personal password.

 

  • Registration Data

The data needed to register a user account are: First name, last name, address, date of birth. The Operator reserves the exclusive and unfettered right to refuse individual Users to register or to be approved as educator / third-party licensee without giving reasons. By way of registration the user accepts the General Terms and Conditions of Use as well as the privacy policy.

 

  • Technical Data

Technical Data is information which cannot be used to identify you. This includes technical data about your device and operating system.

 

  • Third-Party Licence Agreement and Third-Party Licence

Third-parties, such as employers, advocacy groups, schools, trainers or similar third parties (“third party licence holders”) may obtain third-party licenses to unlock special content (“Third-party licence agreement”) for the benefit of the User and/or for the purpose of the individual training as a part of a separate licence agreement. The third-party licence holder receives unlock codes, which the User of the current agreement can use to unlock functions of the app and other offers from the operator.

 

  1. LICENCE SCOPE AND CONTRACT IN FAVOUR OF THIRD PARTIES
  • The Operator shall provide the user with a non-transferable licence for use of the Overall Product in the scope permitted by these usage terms.
  • The conditions of this agreement apply for all content, materials or services to which the User can access via the App or online platform or which can be purchased within the App or online platform, and all upgrades made available by the Operator which replace or add to the original App; provided that a particular upgrade is not associated with its own agreement.
  • The Operator strives to make its Apps available for many devices and the latest versions of iOS and Android, as well as any other platforms and operating systems. The Operator does not assume any obligations in terms of performance beyond the above. In particular, the User has no claim to the constant availability of the Apps or particular functionality.
  • The User may not transfer, redistribute or sub-licence the App. If the User gives his device to third parties either for a fee or free-of-charge for a longer period of time, or the User disposes of the device, he will need to remove the App from the device first.
  • The User must not reproduce or reassemble the App or any updates or parts thereof (except when the redistribution is permitted or within the realm of this licence or for technical reasons). It is also not allowed to disassemble the App, to change the app or to create works derived from it.
  • A third-party licence contract which gives the User access to other content and offers from the Operator represents a non-genuine contract in favour of a third party (“unechter Vertrag zugunsten Dritter”). The offered content from a third-party licence agreement may therefore vary or be removed without the User deriving any personal claim from it.
  • The Overall Product uses a range of open-source software from third-party providers whose licence agreements are listed in Annex 1.

 

  1. PRECONDITIONS OF USE
  • Compatible hardware, software (the most recent version recommended and may be necessary) and internet access (fees may apply) is required. The functionality of our services may be influenced by these factors. Offline use is not possible.
  • A precondition of use is full registration of a user account beforehand as per paragraph 6 of the agreement.
  • A special fee need not be paid in order to use the basic version of the app or download version. In addition, the Operator operates other additional services from the App or via the online platform. Fees may apply when using such extra services (e.g. additional or native languages, additional dictionaries, or additional course manuals).
  1. PRICES / PAYMENT METHODS
  • The prices for chargeable produces/services are itemised during the order process. They can also be seen in the price-service breakdown on the website or in the App.
  • For fixed-term contracts, in which a contract extension is enabled, the given price is charged for the respective term. If the User took advantage of a price discount depending on certain requirements, this discount will not be granted automatically after an automatic extension, if the same requirements are no longer in effect at the time of the extension.
  • The indicated prices are overall prices for the term of the contact and in the local currency, including applicable VAT. The prices that were made at the time of the order shall apply.
  • Price information for offers must generally be understood as payment for making the offers available and the opportunity for use during the given term. The payment does not include payment for the sending of data via the mobile phone provider chosen by the users or the Internet service provider (data transfer fees).
  • Invoices are issued digitally only. No invoices are issued in paper form.

 

  1. REGISTRATION
  • In order to register for a User-account a user name, a valid email address and other registration data is required during the registration procedure for the app and online platform. As of 2.7 Users are only allowed to register once. In course of the activation of the User-account, the User is sent a confirmation email, in which the User must confirm his data and email address. After successful confirmation, the User can use his User-Account to ‘dial into’ the Operator’s online database.
  • The User is responsible for keeping his User-Account and password secret. Similarly, the user is fully responsible for all activities that take place via his User-account. A User-Account is for personal use only and is non-transferable. The User must notify the operator immediately about any unauthorised use of his password or account or other security infringement. He does so by sending the information to the following email address support@visioneducation.net or to the following fax number: +49 30 417075-339.
  • The User is required to enter true, up-to-date and complete information about himself and to maintain and update his registration data so that such data always remain true, up-to-date and complete.
  • The Operator reserves the right to close or block a User-Account of such User whose account has been or who has used the Overall Product without permission or illegally.
  • The User will not assume any liability for loss or damage arising due to non-compliance with these guidelines.

 

  1. INTELLECTUAL PROPERTY

The User accepts that all intellectual property rights arising from the rendering of the Overall Product, any software required for usage of the service and all content in the App and online platform (including text, videos, images or other material) – with the exception of user content – belong to the Operator and the Operator’s operator, and that the Operator and his third party providers reserve the right to all intellectual property rights over the Overall Product.

  1. WARRANTY & LIABILITY LIMITATIONS
  • The User concedes that, despite exercising utmost conscientiousness and care, it is not possible to rule out programme and software bugs with 100% reliability based on the current state of technology.
  • If the User is a consumer within the meaning of § 1 Consumer Protection Act (KSchG), damage compensation claims due to slightly negligent behaviour of the Operator or his vicarious agents are excluded. This does not apply to the Operator’s obligation to compensate damage to the person of the user.
  • If the User is not a consumer within the meaning of § 1 Consumer Protection Act (KSchG), damage compensation claims against the Operator are generally excluded unless the damage is the result of an intentional damage from the Operator or his assistants within the meaning of § 1313a ABGB (“Austrian Civil Code”). User’s warranty claims are also excluded. Disputes over errors are excluded, as are disputes due to frustration of contract on the part of the User.
  • Contestation of the contract for laesio enormis (reduction of more than the half) is excluded both in the case of consumer transactions and in the case of bilateral business transactions.

 

  1. CHANGING OR DISCONTINUING THE OFFER
  • The Operator is entitled to make changes to his Apps and the online platforms at any time at its sole discretion.
  • The Operator is entitled to remove his apps from the Google Play Store or Apple App Store at any time. The last available version of installed Apps remains available on the user’s Devices. This installed version can cease to work after updates to the Device’s operating system.
  1. LINKS TO THIRD-PARTY WEBSITES OR APPLICATIONS

In the Apps and the online platform contained links to third-party sites and third-party apps (third party service provider) are provided only in the interests of the user. The Operator does neither have any influence or control over these external websites or apps and assumes no responsibility for them. Accessing a third-party’s website or app from a link within this app or the online platform is at the user’s sole discretion.

  1. ADVERTISING
  • The User agrees that the App and online platform may have advertising and also that this advertising is necessary for the operator to be able to provide these services. By using the app and online platform, the User agrees that the Operator/advertising clients and sponsors are entitled to publish such advertising with or without prior notice and without compensation. The Operator is free to change at any time the type and scope of the advertising published by the Operator and his sponsors.
  • The correspondence and business transactions with advertisers found by users on or through the service of the operator, as well as the participation in their advertising activities, including the payment of related goods or services, as well as all conditions, warranties or representations linked to these business relations apply exclusively between the user and the advertiser concerned. The User agrees that the Operator shall neither be responsible nor liable for any losses and damages of whatever kind arising on account of these business relationships or the presence of such advertisers in the app or on the online platform.
  • With the User´s acceptance, the Operator is entitled to send newsletters with offerings from an advertiser, cooperation or licence- and sponsoring partners.
  1. TERMINATION
  • The User can close his account at any time using the termination function in the “Settings” or other applicable area of his profile, and terminate the usage of the app and online platform accordingly. The Operator can also temporarily block access to the app or online database and to the Overall Product, or terminate the contract. The notice of termination will be sent to the email address entered by the user. If it is not possible to send the notice, e.g. because the email address is unreachable or incorrect, the termination may be made implicitly. . In particular, the Operator is entitled to terminate the contract with immediate effect if the User does not agree to any change made to the General Terms and Conditions of Business or the privacy policy or refuses to give his permission for the transfer of his data to third parties.
  • After termination, the User will no longer have access to his profile; all information contained therein will be deleted by the Operator subject to and according to the provisions in of 12.3 of this Agreement.
  • The User agrees that his account can be terminated when the operator has reason to believe that the User is in infringement of the terms and conditions of use or has acted in contravention to them. After such a termination, the Operator can delete the User’s content including his profile, subject to and according to the provisions of paragraph 12.2 of this Agreement.
  • If the Operator terminates the contract as per 12.3, the Operator also has the right to terminate all other contracts in connection with the deleted profile without notice. Such a termination can be expressed or implied.
  • If either the User or the Operator make use of their right to terminate the contract, or if the contract expires as the result of time or comes to end for whichever other reason, any personal information about the User shall be deleted, in so far as further storage or processing of this data is not necessary on account of
  1. the right to freedom of expression and information;
  1. legal obligations arising from the Law of the Union or its member states, which the Operator is subject to; or where such further data processing is necessary in order to fulfil a duty, which is in the public interest or which has been mandated to the Operator by the authorities;
  1. reasons in the public interest regarding public health as laid out in article 9 paragraph 2 sub h and i GDPR and article 9 paragraph 3 GDPR; or
  1. the establishment, exercise or defence of legal claims.
  • If a third-party licence agreement is terminated for whatever reason in wholly or in respect to the User, the User’s access to the content provided by the third-party license will be blocked. Furthermore, third-party licences may be limited to the duration of the apprenticeship, the employment or employment relationship or in any other way.
  • If a third-party licence agreement is terminated for whatever reason in wholly or in respect to the User, the User’s access to the content provided by the third-party license will be blocked. Furthermore, third-party licences may be limited to the duration of the apprenticeship, the employment or employment relationship or in any other way.
  1. APPLICABLE LAW AND PLACE OF JURISDICTION
  • This Agreement shall be governed by and construed in accordance with Austrian law, to the exclusion of its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  • For any dispute arising out of this contract directly or indirectly, including whether a valid contract has been brought about, whether it has been fulfilled and terminated as well as its pre- and post-contractual effects, the contractual parties shall agree on the exclusive jurisdiction of the court competent in rem, 1010 Vienna – Innere Stadt, Austria are the exclusive responsibility of the competent court at 1010 Vienna, Austria (exclusive court of jurisdiction).
  • If the User is a consumer, he may bring proceedings against the Operator either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the Operator, in the courts for the place where the consumer is domiciled. Proceedings may be brought against the User as a consumer by the Operator only in the courts of the Member State in which the consumer is domiciled.
  1. SEVERABILITY CLAUSE

 

In the event of one or more of the provisions of these terms and conditions of business being or retrospectively becoming invalid, illegal or unenforceable, this shall not affect the remaining provisions.

  1. Appendix 1 – Terms of Use / Third Party Software:
  • MIT License:

 

Copyright (c) <year> <copyright holders>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING- BUT NOT LIMITED TO- THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE, THE USE OR OTHER DEALINGS IN THE SOFTWARE.

babel-plugin-transform-decorators-legacy: 1.3.4
Copyright (c) 2015 Logan Smyth loganfsmyth@gmail.com

babel-preset-react-native-stage-0: 1.0.1
Copyright (c) 2016 Adam Miskiewicz

base-64: 0.1.0
Copyright Mathias Bynens https://mathiasbynens.be/

crypto-js: 3.1.8
Copyright (c) 2009-2013 Jeff Mott
Copyright (c) 2013-2016 Evan Vosberg

es6-promisify: 3.0.0
Copyright (c) 2016 Digital Design Labs

mobx: 2.6.3
Copyright (c) 2015 Michel Weststrate

mobx-react: 3.5.9
Copyright (c) 2015 Michel Weststrate

react-native-animatable: 1.1.0
Copyright (c) 2015 Joel Arvidsson

React-native-audio
Copyright (c) 2016 Joshua Sierles

react-native-billing: 2.1.1
Copyright (c) 2015 Idéhub

react-native-branch: 1.0.5
Copyright (c) 2016 Branch Metrics, Inc.

react-native-circular-progress: 0.0.7
Copyright (c) 2015 Bart Gryszko

react-native-code-push: 1.17.1-beta
Copyright (c) Microsoft Corporation

react-native-fabric: 0.4.0
Copyright (c) 2016 Cory Smith

react-native-fetch-blob: 0.10.2
Copyright (c) 2017 xeiyan@gmail.com

react-native-firebase: git+https://github.com/alexkuttig/react-native-firebase.git
Copyright (c) 2017 Mike Diarmid mike@invertase.io

react-native-i18n: 1.0.0
Copyright (c) 2015-2017 Alexander Zaytsev

react-native-in-app-utils: 4.0.0
Copyright (c) 2015 Chirag Jain

react-native-linear-gradient: 2.0.0
Copyright (c) 2016 React Native Community

react-native-mobx: 0.3.1
Copyright (c) 2016 Pavel Aksonov

react-native-router-flux: 3.35.0
Copyright (c) 2016 aksonov

react-native-scrollable-tab-view: 0.7.2
Copyright (c) 2016 Evgeniy Sokovikov

react-native-sound
Copyright (c) 2015 Zhen Wang

react-native-vector-icons: 4.0.0
Copyright (c) 2015 Joel Arvidsson

react-native-zip-archive
Copyright (c) 2015 Perry Poon

Babel-cli: 6.24.1
Copyright (c) 2014-2017 Sebastian McKenzie <sebmck@gmail.com>

Babel-preset-flow: 6.23.0
Copyright (c) 2014-2017 Sebastian McKenzie <sebmck@gmail.com>

winston: 2.3.1
Copyright (c) 2010 Charlie Robbins

  • BSD 3-clause Licence:

Copyright (c) <year> <copyright holders>

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name [of the copyright holder] nor the names of its contributors may be used to endorse or promote Products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Flow: 0.2.3 (For Flow Software)
Copyright (c) 2013-present, Facebook, Inc. All rights reserved.

prop-types: 15.5.10
Copyright (c) 2013-present, Facebook, Inc.

react: 15.4.2
Copyright (c) 2013-present, Facebook, Inc.

react-addons-shallow-compare: 15.4.1
Copyright (c) 2013-present, Facebook, Inc.

react-native: 0.41.2
Copyright (c) 2015-present, Facebook, Inc. All rights reserved.

Flow-bin: 0.49.1
Copyright (c) 2015-present, Facebook, Inc. All rights reserved.

jest: 20.0.3
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.

jest-react-native: 18.0.0
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.

react-test-renderer: 15.4.2
Copyright (c) 2013-present, Facebook, Inc.

  • ISC Licence

 

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED “AS IS” AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

react-native-timer: 1.3.1
Copyright 2016-2017 fractaltech

react-native-snap-carousel 2.3.1
Copyright 2016-2017 Maxime Bertonnier and Benoît Delmaire

____________

PRIVACY NOTICE

REGARDING CONTACT DETAILS AND CUSTOMER INTFORMATION OF NATURAL PERSONS

of VE Vision Education GmbH

FN 462915h

Reisnerstraße 50/13

1030 Wien

(hereinafter, “we“ or the “Operator“)

PREAMBLE

The protection of natural persons with regard to the processing of personal information is a fundamental right, which we take very seriously. All data processing is done in full compliance with the General Data Protection Regulation (hereinafter, “GDPR“), as well as the relevant laws of the Republic of Austria.

In this document we explain our processes relating to the storage, use and disclosure of the personal information of natural persons (hereinafter, the “Person Concerned“), which we collect and process as part of our company operations and the services we offer.

This notice applies both to the contact details of our contractual partners, which we collect, store and process as part of our B2B-operations (hereinafter, “Contractor Data“), and to the data, which we collect from the users of the software we offer (hereinafter, “User Data“).

The Person Concerned can access an up to date version of our Privacy Policy at https://learnmatch.net/datenschutz/ at all times. Should this Privacy Policy change, the Person Concerned will be informed through the services we render or by way of the contact details he has provided. In the event of deviations resulting from the translation of this privacy policy, the German version shall prevail.

Third-party licensees, such as employers, interest groups, instructors and other similar third parties, may, under their own license agreements, acquire licenses in their own name and for their own account, in order to obtain activation codes that enable the Person Concerned to activate functions of the app and other offerings of the Operator. No independents claims or obligations shall arise for the Person Concerned from the relationship between third party licensee and the Operator.

We only store personal information on secure servers that are operated in secure facilities in the European Union and are equipped with state-of-the-art firewall protection. In order to provide our services, the data we collect may be transferred to and stored or processed by our employees or the employees of one of our suppliers.

COLLECTION AND USE OF DATA

During the process of setting-up a business relationship and in the execution of contracts with contractual partners, we collect the following data from our contractual partners:

  • first and last name
  • email address, including all email correspondence and associated data
  • phone and/or fax numbers
  • as well as, other forms of contact (website URL etc.)
  • and, in some cases, data for the execution of cashless payment transactions
  • postal address

With regard to Persons Concerned, who are users of our software, we will be storing and processing the following data as part of the registration process of the user account, in order to be able to identify the user:

  • user name,
  • first and last name,
  • email address,
  • phone and/or fax numbers,
  • date of birth,
  • gender,
  • language skills,
  • other personal information entered during the use of the service, as well as the chosen software settings, and
  • a profile picture and
  • transaction data (in the event of purchases) and interactive user data (for example, learning progress).

The Operator also receives and stores information from terminals and browsers, including IP address, cookie data, software and hardware characteristics, and the requested pages and services (“electronic communications metadata”). The Operator uses this information in order to personalize content, improve services, conduct research, and draft anonymized reports, both for internal purposes and for external clients, such as advertisers. If the Person Concerned has also given the extended consent to the processing of his data in accordance with Point 3, the electronic communication metadata will also be used for the personalization of advertising materials.

The Person Concerned must explicitly and separately agree (i.e. give “extended consent“) to any processing and use of his personal data that goes beyond what is detailed above (for example, for the purpose of personalized advertisements).

PURPOSE AND LEGAL FOUNDATIONS OF THE PROCESSING OF CONTRACTOR DATA

The Operator processes the data and information collected in accordance with Point 1, for the following general purposes:

  • to get in contact with the contractual partner,
  • to fulfil pre-contractual and contractual obligations,
  • to provide the services offered,
  • to answer questions and comments,
  • to regularly inform contractual partners

PURPOSE AND LEGAL FOUNDATIONS OF THE PROCESSING OF USER DATA

The Operator processes the data and information collected in accordance with Point 2, for the following general purposes:

  • to provide the services offered;
  • to answer questions and comments;
  • to get in contact with the Person Concerned;
  • for purposes related to advertisement and market research, to the extent to which the Person Concerned has explicitly consented to
  • for statistical purposes
  • to ensure that parents, teachers, organisations and educators can provide optimal, goal-oriented mentorship, and
  • for any other purpose which may additionally be described during the data collection process.

LEGAL FOUNDATIONS OF DATA PROCESSING

The Operator is entitled to transfer, store and process the personal data which he collects within the scope of the fulfilment of the contract within his IT infrastructure. The Operator may do so himself or via his employees and vicarious agents as defined in § 1313a German Civil Code.

The legal basis for the processing of this personal data are the legitimate interests outlined in Article 6 (1) (f) of the EU General Data Protection Regulation, which are in line with the above-mentioned purposes and form part of the fulfilment of the contract (in accordance with 6 (1) (b) GDPR).

TRANSFER OF YOUR PERSONAL DATA

  • For the above-mentioned purposes, we will send your personal data to the following recipients:

IT service providers used by us:

  • Google
  • Branch.io
  • Pipedrive
  • BMD Systemhaus
  • Mailchimp

DURATION OF DATA STORAGE

  • We will generally save your data for the term of the contract or the duration of the registration. Extended data storage only takes place in so far as this is legally required or if the limitation periods of potential legal claims have not yet expired.
  • If either the Person Concerned or the Operator make use of their right to terminate the contract, or if the contract expires as the result of time or comes to end for whichever other reason, any personal information about the Person Concerned shall be deleted, in so far as further storage or processing of this data is not necessary on account of
  • the right to freedom of expression and information;
  • legal obligations arising from the Law of the Union or its member states, which the Operator is subject to; or where such further data processing is necessary in order to fulfil a duty, which is in the public interest or which has been mandated to the Operator by the authorities;
  • reasons in the public interest regarding public health as laid out in article 9 paragraph 2 sub h and i GDPR and article 9 paragraph 3 GDPR; or
  • the establishment, exercise or defence of legal claims.

RIGHTS WITH REGARD TO PERSONAL INFORMATION

In accordance with the relevant legal conditions, the Person Concerned is entitled:

  • to check whether we have stored personal information about him, to know what the content of this information, and to obtain copies of this data;
  • to request the authorization, supplementation or deletion of his personal data, in so far as these are incorrect or have not been processed in accordance with the law;
  • to request that we limit the processing of his personal data, and
  • in certain circumstances, to object to the processing of his personal data or to revoke his prior consent to the data processing,
  • to demand data portability;
  • to know the identity of any third parties, which have been given access to the personal data, and
  • to file complaints with the relevant data protection authority

FIREBASE

Firebase is a Google subsidiary based in San Francisco, CA, USA. The privacy policy of Firebase may be found at https://www.firebase.com/terms/privacy-policy.html

The Operator uses the Firebase SDK to better understand and optimise user behaviour in the apps. Moreover, the Operator uses other features of Firebase, which allow for better user guidance and the evaluation of causes of app crashes.

HOCKEYAPP

The Operator’s mobile apps use services provided by HockeyApp. Through the execution and analysis of crash reports, HockeyApp supports the development process of the Operator’s apps. In order to collect the necessary usage data, a UUID is generated, which is then stored by HockeyApp. In general terms, this UUID cannot be associated with any personal data, as these are not stored.

As part of the crash reports the following technical data is collected: time stamp, country, operating system, app version, type of device etc. No personal data will be shared with HockeyApp. HockeyApp is a Microsoft service. Legal information can be found at: https://azure.microsoft.com/de-de/support/legal/ . The privacy policy can be viewed at: https://www.microsoft.com/de-de/privacystatement/OnlineServices/Default.aspx

 

FACEBOOK

The Operator uses Facebook’s Software Development Kit (SDK) in the apps. The Facebook SDK is produced and administered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. This SDK allows the Operator to gain insight into which of the advertising campaigns run on the social network ‘Facebook’ has induced the Person Concerned to download the apps.

The Operator shares the following information with Facebook for this purpose: the app ID, the app version and information regarding the launch of the app. Additionally, individual user activities (events) may be analysed from within the app, making it possible for the Operator to better be able to define the target groups for advertising campaigns. The Operator shares no other data with Facebook. The Operator only receives an aggregated evaluation of app user behaviour from Facebook. Beyond this, the operator has no influence on the information that is processed by Facebook via app events. Further information about the Facebook SDK may be found at:

https://developers.facebook.com/docs/ios and https://developers.facebook.com/docs/android

The privacy policy of Facebook may be found at: https://www.facebook.com/about/privacy/

 

DISCLOSURE OF PERSONAL INFORMATION

The Operator will not disclose personal data to third parties, except in those cases where the Person Concerned has given their explicit consent to this in line with the “extended consent“ provision (Point 2.4) or in the following circumstances:

  • to comply with legal requests for the disclosure of the data; to comply with court orders or legal proceedings; to establish or exercise a legal right; or, to defend himself (the Operator) against legal claims;
  • if the Operator believes the disclosure of the data to be necessary in order to investigate, prevent or take action against the Person Concerned with regard to illegal activities, suspected fraud, situations which pose a potential threat to a person’s physical security or breaches of the Operator’s terms and conditions of use; as well as, all those case where this is required by law;
  • if the Person Concerned (such as, a student, trainee or employee) uses a service, which is subject to fees, as a beneficiary of a third party (such as his employer, educational establishment, instructor, interest groups and comparable third parties), we shall disclose the following personal data of the user upon request of the third party, subject to the fact that the Person Concerned has given his explicit consent to this disclosure:
    • user name / name
    • score / learning progress
    • game results
    • so that the associated third party may keep track of the use of the service;
  • if it becomes necessary for the Operator to transmit personal data due to the acquisition/merger of the Operator by/with another company. The Person Concerned will be informed of these circumstances by the Operator prior to the transmission of the personal data and before new privacy policies become applicable.
    • Attention: All personal data disclosed online may be collected and used by others. If Persons Concerned disclose personal data online and these therefore become publicly accessible, Persons Concerned may receive unwanted messages from third parties which bear no relation to the Operator.

ADVERTISEMENTS BY THIRD PARTIES

In accordance with Point 5, the Operator deliberately displays specific advertising based on the processing of the user’s personal data. Advertisers may conclude that people, who interact with targeted advertisements, view these advertisements or meet the target audience criteria.

CONFIDENTIALITY AND SECURITY

  • The Operator takes measures to protect personal data with the appropriate, industry-standard security measures against loss and theft, and against access, disclosure, duplication, misuse and modification by unauthorized persons. Unless otherwise specified in this privacy policy, personal data is password protected and is only visible to the Operator and his service providers. The Person Concerned is obliged to keep the password(s) secret and not to disclose it/them to any other person or to allow such disclosure.
  • The Operator restricts access to personal data to his own employees, and employees of affiliated companies and external service providers who, according to the Operator, have a legitimate claim to access the data, being that this is necessary in order for them to deliver products or services, or to fulfil their tasks.
  • The Operator employs physical, electronic and procedural safety devices which comply with the regulations for the protection of personal data. However, the data security for data transmission via the internet cannot be 100% guaranteed. The Operator therefore cannot guarantee the security of the data which the Person Concerned transmits to the Operator. As a result, the Person Concerned access and uses the Operator’s services at his own risk. The user is also responsible for ensuring that access to his devices is limited, that his devices are free of malware of any kind, etc., so as to restrict the means by which the information entered on the service, such as email addresses and payment details, can be tracked.
  • The Operator is expressly not liable for losses and damages resulting from non-compliance with this section by the Person Concerned.
  • The Operator processes payments for those services which are subject to fees through secure payment providers to ensure that the security of payments meets the general industry standard

CONTACTING THE OPERATOR

If you have any further questions or concerns regarding the processing of your personal information, please feel free to contact us at:

VE Vision Education GmbH

Reisnerstraße 50/13

1030 Wien

support@visioneducation.net

Last updated: May 23rd, 2018

Letzte Aktualisierung: 23. Mai 2018