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GENERAL TERMS AND CONDITIONS HITCHHIKE USUS GMBH

The provision of all the services offered by HitchHike or usus GmbH (hereinafter referred to as “usus”) will ensue on the basis of these General Terms and Conditions, which form an integral component of all contracts with HitchHike. Users of the service become contractual partners, hereinafter referred to as users, and confirm that they are at least 18 years of age and are fully contractually capable and that they recognise these General Terms and Conditions.

Subject of the contract

HitchHike will provide users with software to create and manage carpools, as well as supplementary offers. The service can be made available via various end-devices. In accordance with the description of the services, additional information is accessible on the websites of HitchHike (e.g. www.hitchhike.ch). The hiring out of the services used to a third party is generally prohibited (unless a special agreement has been reached).

Contract

By registering for offers provided by HitchHike, a binding contract on the use of the services comes into existence between usus and the user in accordance with the current General Terms and Conditions. The current General Terms and Conditions can be accessed on the software platform. The contract is concluded for an indefinite period. Each party has the right to terminate the contractual relationship without indicating reasons at any time and without satisfying a period of notice.

Prices

In general, the use of the services of HitchHike can incur charges for the users. The user will be informed of any services for which there is a charge at the relevant time.

Content

users themselves are responsible for all the content produced or published by them via their access code or by a third party. This could occur, for example, through communication and an exchange of information with other users. usus exercises no control over the users’ information content.

Exclusion of liability

usus is entitled to block unauthorised user accounts or misused user accounts immediately and without prior notice. The user undertakes to use HitchHike only in accordance with instructions from usus and is liable for losses incurred by HitchHike or usus or other participants in HitchHike through inappropriate use of the software.

Data security

usus is not responsible for data security regarding files stored on HitchHike. Insofar as data is transmitted on HitchHike, the user will produce back-up copies. This also applies to the extent necessary for data generated and used within their presence by other users.

user data, as well as all the services offered will be treated confidentially and processed on Swiss servers. Like usus, this service provider and supplier of hosting and operations is subject to the Swiss Federal Data Protection Acts, as well as the provisions of data security, their implementation regulations and corresponding legal norms. All the data and communication meta data are additionally subject to business secrecy.

Data protection

All personal data will be treated confidentially and not passed on to third parties. HitchHike uses stored or collected information and data exclusively to prepare the range of services offered and the latter's further development, as well as for marketing purposes (notification of competitions, events, surveys or provision of general information and product information).

The following data will be collected and stored by usus only if the user has given consent for this.

Personal data

Membership in the community
Sending of more extensive information
Personal information
Indirect personal information

Subscription to Newsletters
Participation in competitions, voting
Participation in electronic payment procedures

Depending on the situation, direct personal data and indirect personal data can be collected and stored, These may include, for example; Full name, address, gender, date of birth, place of residence, post code, biometric data, logins and online identifiers, photo(s), telephone numbers, bank account details, type of payment and e-mail address(es), economic data, IP addresses, cultural and social data, physical, genetic and mental data, geolocalised data will be collected and stored. Data can be collected and stored in accordance with the relevant procedures for electronic payment transactions.

Data handling by third parties

Name and e-mail address are transmitted to the service provider "Intercom", so that usus can offer users optimum user support with the services provided. By using the service, direct communication between the user via HitchHike application can be ensured. The third-party provider Intercom is subject to the European Data Privacy Guidelines and does not process the above-named, transmitted user information for purposes of its own.

Links to other websites

The websites linked through HitchHike services or websites which offer links to a third party, are completely out of the sphere of influence of usus, which is why usus assumes no responsibility for the accuracy, completeness or legality of the content of such websites or for any offers or services contained on the latter. The creation of links to these websites or other websites ensues at the user's own risk.

Consent

By accepting these General Terms and Conditions, users grant usus consent for the conditions which have been described to use the service.

usus will collect only data which is required to allow users to participate in this service and usus to provide the range of services and develop it further. Should a user not give their consent, they will not be able to benefit from this service.

Once consent has been obtained from the user, HitchHike is entitled to collect, process and use personal data as well as profile data and demographic data for the following purposes:

Inclusion in a list of registered users,
Mailing of information about the services and offers of HitchHike,

Adaptation of the offers and services of HitchHike through their personalisation for the user in order to improve and adapt these services and the advertising to the user’s interests and preferences and for the purpose of market research.

Use profiles

In addition to this data, HitchHike can collect, store and analyse data in pseudonymised form, insofar as the user has not expressly objected to same, with the aim of making the range of services more interesting and attractive for users.

This data concerns the internet browser and operating system used; the domain name of the incoming website, the number of visits, the average time spent there, the sites called up, etc.

In addition, HitchHike uses the web analysis tool Google Analytics, a programme for web analysis for need-based design of web services. To this end, the web analysis service also uses cookies (see Cookies section).

The web analysis service will use the information transmitted to analyse user behaviour on the service and compile reports on activities to improve the functionality and range of services.

Google Analytics / Friendly Analytics
We use Google Analytics and Friendly Analytics to rationalise our website portfolio through the optimisation of the traffic to and between the company’s websites or applications and if necessary through the integration and optimisation of websites. Google Analytics is a web analysis service of Google Inc. (hereinafter referred to as: Google). Google Analytics generates detailed statistics on visits to a website and their origin and measures conversions and turnover. Google Analytics uses what are known as cookies which are archived on your computer and permit an analysis of your use of the website.

The information gained by the cookies regarding your use of the website and applications, including your IP address, are anonymised using the appropriate settings («_anonymizelp()» or equivalent function) and transmitted to Google servers (some of them abroad). Further information on the mode of operation of IP anonymisation can be found under https://support.google.com/analytics/answer/2763052.

Google uses the information gained using the cookies to analyse your use of the website, on our instructions and to draw up reports on the website activities and makes these reports available to us for analysis purposes.

Google may also transmit this information to third parties where this is mandatory by law or where these third parties process this data on behalf of Google. Under no circumstances will Google link your IP address with other data stored by Google.

You can prevent the installation and storage of cookies using the corresponding settings on your browser software by downloading and installing the browser plug-in available free of charge under the following link https://tools.google.com/dlpage/gaoptout?hl=en. However, we would draw your attention to the fact that in this case you may not be able to avail of all the functions of this website in full.

By using this website, you declare your consent to the processing of all the personal data collected on you by Google in the manner described above and for the purpose specified above.

Statistical data modelling

Data, information and reports which were drawn up through data modelling, can be transferred/made available to business partners in an anonymous form without any possibility of drawing conclusions about the identity of individual persons.

Advertising

Where the usus range of services includes advertising for other companies or other services, this advertising will be identified as such.

Cookies / Web analysis service (e.g. Google Analytics or Friendly Analytics)

HitchHike uses so-called cookies, small text blocks, when users visit or use the websites and digital services. These cookies are archived on the user’s computer. This makes it possible to adapt the websites and digital services to the requirements and interests of visitors.

Should the user not wish usus to use cookies (hard drive cookies), the browser can be set in such a way that cookies are deleted from the computer hard disc, all the cookies are blocked or the user is warned before a cookie is stored. With a setting of this kind, usus cannot, however, give assurances that all the services will be available for use without restrictions.

Right of withdrawal

The user can withdraw consent for the collection and storage of personal data by HitchHike at any time. If required, this can ensue by means of an e-mail to info [at] hitchhike.ch or via the contact form on the corporate website.

Additional information on data protection

If the user voluntarily makes personal information accessible online (e.g. in chat rooms, by e-mail, in forums, social media), this information can be collected and used by a third party. This applies to all content on the Internet.

Access authorisation

Users user will receive a personal login with a password to manage their account. They are obliged to treat this confidentially, and are liable for every misuse which stems from unauthorised use of the password. It is therefore forbidden to pass on the personal login or parts of the latter free of charge or commercially to a third party.

Availability / Maintenance

In general, the service of HitchHike is available 24 hours per day on 7 days of the week. However, no liability is assumed for uninterrupted availability of the services. Any liability of usus for downtime, loss of data, interrupted data transmissions, theft of data or other related problems is expressly ruled out.

Technical changes

If there are technical changes to the services of HitchHike, the latter will be published in a suitable form such as through user information via a Newsletter, e-mail, user profile and/or on facebook.com/hitchhike.ch and made accessible to the user. The user himself is exclusively responsible for any changes necessary on the user's page and any resulting costs.

Miscellaneous

These General Terms and Conditions replace all other previous General Terms and Conditions between usus and users of HitchHike offers. If the user breaches one or more of the above-mentioned agreements, usus is entitled to terminate the contract without notice. Changes to the General Terms and Conditions will be notified to the user in a suitable form and are considered approved as soon as offers are used for the first time after publication. Unless otherwise stated by usus, these General Terms and Conditions (including any possible amendments) also regulate future offers (e.g. upgrades, function expansion, additional services).

The place of jurisdiction is Lucerne City, Canton of Lucerne, Switzerland.

Should a provision of the contract be or become ineffective or should the contract be incomplete, the remaining content of the contract will not be affected by this. The ineffective provision will be replaced by a provision which is as close as possible to the economic intent and purpose of the ineffective provision in a legally-effective manner. This also applies to any contractual loopholes.