Bootshaus-App Terms of Use

(Version: 7 September 2018)

The provider of the Bootshaus app, including the service functions and services integrated within it (jointly referred to as the “App”), is Bootshaus Cologne GmbH, Auenweg 173, 51063 Cologne, Germany (the “Provider” or “we”). The use of the App and of all the services provided to you by the Provider in connection with the App (the “Bootshaus Services”) shall be governed by the following terms of use as well as the separately regulated “Data Protection Statement” (jointly referred to as the “Bootshaus App Terms”):

We will also be pleased to send you the Bootshaus App Terms by e-mail upon request to support@bootshaus.tv.

1. Installation of the App

To access the Bootshaus Services you (also referred to as the “User”) first have to download the App via the Google Play Store or the Apple App Store and install it on your mobile device. You are only permitted to download, install and use the App if you comply with these terms of use.

2. Registration

2.1 You will need to register with us and open a Bootshaus account (the “Bootshaus Account”) in order to use all of the program’s functions. Without a Bootshaus Account and full profile you will not be able to redeem any points or access any other uses/benefits via the App.

2.2 It is free to register and open a Bootshaus Account. To do this you have to use a link and be forwarded via a Facebook profile by using the “Register with Facebook” function. The registration uses a plugin from Facebook (Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland). Via your Facebook ID we obtain access to the first and last names you entered in Facebook, your e-mail address and your profile picture, which are then used for your Bootshaus Account. Each User may only open one Bootshaus Account. The user account is not transferable. To open a Bootshaus Account you must be at least 18 years old at the time of registration. If you are younger than 18 at the time of registration you will need the consent of your legal representatives to use the program. There is no claim to registration. The Provider has the right to refuse registration without providing reasons.

2.3 Please notify us immediately at support@bootshaus.tv if you discover that your password or Bootshaus Account has been used without authorisation. The Provider shall not accept any liability for losses or damage arising as a result of the User failing to meet this obligation or failing to meet it in good time.

3. Technical requirements, costs

3.1 The use of the App requires a temporary connection to the internet. The provision and maintenance of internet access, including the transmission of data on the User’s side, shall not form part of the Bootshaus Services. Accordingly, the participant shall bear the connection costs incurred in the course of data transmissions on the participant’s side. These will not be reimbursed by the Provider.

3.2 The Bootshaus Services shall otherwise be provided to the User free of charge, unless otherwise agreed in individual contracts.

3.3 The Provider shall not provide any other software or hardware to the User besides the App and shall not accept any liability for (i) any hardware, software or other devices used by the User in connection with the App or (ii) any interruptions, failures, errors or disruptions affecting telephone, mobile or data networks whose use is required for accessing the App.

4. Ticket purchases

4.1 Tickets shall be sold – as on our website www.bootshaus.tv – via the external provider ticket i/O GmbH (Spichernstrasse 73, 50672 Cologne, Germany), to whose ticket shop and plugin you will be directed when purchasing a ticket.

4.2 For the terms of use for ticket sales please refer to the Conditions of ticketing service provider (https://bootshaus-club.ticket.io/terms/?lang=en), which shall apply as amended.

5. Collecting points

5.1 The Provider shall offer the User the option to collect points. The User shall receive points, for example, for (i) using and setting up the App, (ii) purchasing tickets via the App and (iii) “liking” content provided by the Provider in the App.

5.2 The User shall not be entitled to be granted a specific number of points. Points shall be granted at the sole discretion of the Provider. There shall likewise be no entitlement as regards the amount or value of the rewards available for redemption.

6. Managing points/monitoring the Bootshaus Account

6.1 The User shall be responsible for regularly monitoring whether the points collected by the User have been credited to the Bootshaus Account. If you are of the opinion that points issued to you by the Provider have not been credited to your Bootshaus Account you must report this to the Provider by e-mail to support@bootshaus.tv within 30 days of discovering the booking error. It shall not be possible to correct the Bootshaus Account after this period has expired.

6.2 We shall review the booking of your points within 30 days of receiving your notification and make corrections where necessary.

7. Redeeming points against rewards

7.1 You must be a registered User of the Bootshaus Services in order to redeem points. Points collected by the User shall have no cash value and can only be redeemed against rewards offered by the Provider or, if and in so far as expressly specified in the App, by cooperation partners.

7.2 You may redeem the points released for redemption against the rewards specified in the App (the “Rewards”). You may choose any Reward for which you have collected a sufficient number of points, subject to the availability of the chosen Reward. To redeem the points, click on your chosen Reward and follow the instructions to receive the Reward. The Provider reserves the right to adjust the Rewards, their number and their content from time to time; the User shall not have any right to the maintenance or creation of any Rewards in this connection.

8. Expiry of points/deletion of the Bootshaus Account

The points credited to the User shall expire automatically 12 months after they are credited to your Bootshaus Account if they are not redeemed prior to this and the Bootshaus Account is no longer used. After this period your Bootshaus Account shall be set to inactive and deleted. Reactivation or restoration of the account is precluded and shall not be possible. All claims arising in this connection are precluded.

9. Industrial property rights/private use of the Bootshaus Services/indemnity

9.1 The Provider and/or any licensors of the Provider shall have all rights (including intellectual property rights) to the Bootshaus Services. The User is not authorised to remove, alter or otherwise conceal copyright, trademark or other information pertaining to the rights of the Provider and/or its licensors contained in the App or provided during performance of the Bootshaus Services.

9.2 The User may download a copy of the App and install it on their mobile device provided they comply with these terms of use. The User may only use the Bootshaus Services for private purposes. Any commercial use of the Bootshaus Services is prohibited. Any tacit or other granting of licences or rights to use the program or App going beyond these terms of use is hereby precluded.

9.3 All uses of the Bootshaus Services that contravene, circumvent or attempt to circumvent these terms of use are prohibited. You may not, therefore,

·  reproduce images, photos, illustrations, videos or other visual or non-visual media without permission, infringe third-party rights or contravene applicable laws;

·  use offensive or defamatory, pornographic, violent, abusive or immoral content or content violating youth protection legislation or promote, offer and/or sell pornographic, violent, abusive or immoral goods or services or goods or services violating youth protection legislation;

·  use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without authorisation;

· use the Bootshaus Services or the App in contravention of applicable laws or for purposes that are incompatible with applicable laws;

· copy the App for purposes other than executing the App on your mobile device; an exception to this is creating a backup copy to be used exclusively as a backup and kept by you in a secure location not accessible to third parties;

· lease or sell the App to third parties, grant third parties sub-licences to the App or otherwise make the functions or services of the App accessible to third parties;

· subject the App to reverse engineering, decompile or edit the App or create works deriving from it; this shall not affect your rights under section 69d (3) and section 69e of the German Act on Copyright and Related Rights (UrhG);

· use the program to record or store personal data of third parties without their express prior consent;

· spread or transmit via the App or upload into the App viruses or other malware that hinder, restrict or disrupt other Users’ access to the program or override, restrict or impair the functionality of the program;

· circumvent, disable or otherwise impair security features within the program that are intended to prevent or restrict unauthorised use or reproduction of content in the App;

· attempt to access the program in a manner other than by using the App or another platform provided by the Provider; or

· attempt to obtain Rewards in contravention of these terms of use.

9.4 You undertake to defend, indemnify and hold the Provider, its legal representatives, employees and vicarious agents harmless against any claims, liabilities, damages, losses and costs arising out of or in connection with the following: (i) wilful or negligent breach of the terms of use on your part or (ii) wilful or negligent infringement of third-party rights on your part during or in connection with use of the Bootshaus Services.

10. Exclusion/limitation of liability

10.1  The Provider shall be liable to the User for damage (on whatever legal grounds) caused by a culpable breach of material contractual duties on the part of the Provider, its legal representatives or vicarious agents. Material contractual duties are duties whose breach jeopardises fulfilment of the purpose of the contract or whose fulfilment is essential for the proper implementation of the contract and on whose fulfilment the User may reasonably expect to rely (cardinal duties). If the breach of cardinal duties occurred due to negligence only and did not cause injury to the life, body or health of the User, claims for compensation shall be limited to the amount of typical foreseeable damage.

10.2  All other claims against us for compensation – on whatever legal grounds, in particular due to a breach of contractual duties by us, our legal representatives, employees or vicarious agents, based on section 311a of the German Civil Code (BGB) or in tort – are precluded.

10.3  The provisions under items 10.1 and 10.2 above shall not apply (i) to claims of the User based on the provisions of the German Product Liability Act (ProdHaftG), (ii) in cases of wilful intent or gross negligence on the part of the Provider, its legal representatives or vicarious agents, (iii) in cases of injury to life, body or health or (iv) in any other case of mandatory statutory liability. In such cases the Provider shall be liable in accordance with the statutory provisions in each case.

10.4  In so far as liability is limited or excluded under the above provisions, this shall also apply to any personal liability on the part of legal representatives, employees and vicarious agents of the Provider.

11. Termination

11.1  You may terminate your Bootshaus Account routinely, i.e. without having any specific reasons, at any time by sending an e-mail to the Provider (info@bootshaus.tv). Following your termination you shall no longer have access to your Bootshaus Account and all the points in your Bootshaus Account shall expire. The Bootshaus Account shall be deleted in accordance with item 8.

11.2  We may terminate or suspend your access to the program or to specific functions of the program with immediate effect and remove all content posted by you from our servers if the terms of use are breached. Following such termination without notice you shall no longer have access to your Bootshaus Account and all points shall expire with immediate effect. Other rights due to us shall remain unaffected thereby, in particular our right to terminate your access to the program or to specific functions of the program without prior warning, if this has no prospect of success or your breach or breaches are so serious that we cannot reasonably be expected to continue the contract.

11.3  We furthermore reserve the right to terminate your access to the program or to specific functions of the program routinely, i.e. without having any specific reasons, with one month’s notice. In the event of such routine termination you may continue to redeem the points you have collected for a period of six months after the termination has come into effect, subsequent to which all points shall expire.

11.4  Upon a termination taking effect all rights granted to you in accordance with the terms of use shall end with immediate effect.

12. Other provisions

12.1  The EU Commission has created an internet platform for settling disputes online. The platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising under contracts via a website or by other electronic means. Further information is available via the following link: http://ec.europa.eu/consumers/odr. We are neither prepared nor required to participate in a dispute settlement procedure before a consumer arbitration body.

12.2  The Bootshaus terms and their interpretation shall be governed by the law of the Federal Republic of Germany to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

12.3  The Bootshaus terms constitute the complete and only contract between the parties with respect to the subject matter of the contract and shall replace all earlier agreements and arrangements (both written and verbal) in this connection.

12.4  If individual provisions of the Bootshaus terms are declared invalid and/or unenforceable by a competent court, this shall not affect the validity or enforceability of the remaining provisions.

12.5  If one party does not insist upon compliance with a provision of the Bootshaus terms, unless expressly specified this shall not be deemed to be a waiver or abandonment of the claim to future fulfilment of the provision concerned or any other provision.

12.6  We reserve the right to amend or make additions to the Bootshaus terms. We shall notify you of any amendments or additions. Any amendments and additions shall be deemed to be accepted by you if you do not object to them in writing within four weeks of notification. In the notice regarding the amendment or addition to the Bootshaus terms we shall also inform you of the consequences of remaining silent. If you do not agree to the amendments or additions we may terminate your Bootshaus Account by application of the provisions in item 11.3. The periods specified above may also be shorter in the event of mandatory amendments or additions to the Bootshaus terms required in accordance with applicable laws or a judicial or official order.

Should you have any questions please contact us at support@bootshaus.tv.

We hope you enjoy using the Bootshaus Services.

Bootshaus-App Privacy Notice

(Version: 14 September 2018)

1.        Our commitment to data protection

We process your personal data only in accordance with all applicable data protection legislation, in particular the EU General Data Protection Regulation (GDPR) and – where applicable – the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). If necessary, processing may also be based on your consent.

2.        Controller

Bootshaus Cologne GmbH controls the processing of your personal data in connection with this mobile application (hereinafter referred to as the “App”), For contact details please cf. 5.

3.        Processing of data when downloading this App

As you download the App to your device, appstore-specific information is transferred to the app store you use (e.g., username, email address and account number, unique device code). We do not control this data processing activity.

Apple: https://www.apple.com/de/privacy/

Google: https://policies.google.com/privacy?hl=de&gl=de

4.        Processing of data when using this App

4.1          Processing of data for contractual purposes

We process your personal data you provide when registering for the App and concluding the user agreement. For registration, we use a plugin provided by Facebook (Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland) and receive access to your first and last name, your email address and your profile picture stored on Facebook via your Facebook ID ("basic data"). Without using the Facebook plugin, our App cannot be used at the moment.

Furthermore, we process data that we obtain from communication with you when using this App or in other ways ("communication data").

In addition, we collect certain data when using this App (e.g. IP address, time of use; “usage data”). Processing of this usage data is technically necessary for us to ensure the functionality and security of the App. We use this data exclusively for this technical purpose.

We process your personal data for the purpose of initiating and executing the user agreement and individual contracts that you may conclude when using this App. In that regard, the legal basis for processing is Art. 6 (1) lit. b GDPR. Otherwise, the processing is based on Art. 6 (1) lit. f GDPR and our legitimate interest to offer an application for the promotion of our business purposes. Exceptionally, our legitimate interest is to cooperate with the relevant authorities in the event of any unauthorized access to this App or in case of violations of the user agreement. We may also process personal information to meet our legal obligations, i.e. record keeping, billing and tax compliance obligations (Art. 6 (1) lit. c GDPR).

We retain personal data only for as long as there is a legitimate reason or other legal ground to do so, and will keep these legal bases under review. The storage duration is determined as follows:

-       Basic data / communication data: storage during the contract period and the subsequent retention period

-       Usage data: for the duration of the respective use of this App

Please note that it is not possible to use this App without providing the above-mentioned data.

4.2      Processing of data in relation to our ticket shop

We use a plugin provided by ticket i / O (GmbH, Spichernstraße 73, 50672 Cologne) to enable you to purchase tickets for our events. If you purchase tickets using this App, certain order data (i.e. contact details such as first and last name, address, e-mail address and payment method (credit card, PayPal etc.)) is automatically transferred to ticket.io. This is a feature of the plugin that we cannot influence. We also do not have access to this data.

Accordingly, in the context of a ticket order not we, but only ticket.io is responsible for the processing of data. For further information on data processing by ticket.io please click here (https://ticket.io/privacy/). Insofar as the processing of your data should however be controlled by us, this processing serves legitimate interests in accordance with Art. 6 (1) lit. f GDPR. Our legitimate interest is to offer a ticket shop in our App for the promotion of our business purposes.

The storage of your tickets in the App and the associated processing of your data is based on Art. 6 (1) lit. b GDPR, in case you have concluded a contract with us. Otherwise, this processing serves our legitimate interest to offer a ticket shop in our App with certain user-friendly functions.

4.3         Data processing in relation to our bonus system (ticket purchase and content liking)

We offer you a bonus system within our App. You can earn points by purchasing tickets in our App or by liking your favourite events or other App content (artists, genres, etc.). You automatically earn bonus points when you use these features of our App. You will also be automatically added to the leader board using your name and profile picture that other users may see or otherwise access.

This processing of your personal data is based on Art. 6 (1) lit. b GDPR, insofar as it serves to fulfil a contract or is related thereto. Otherwise, the processing is based on our legitimate interests according to Art. 6 (1) lit. f GDPR to promote our business purposes and to offer a customer-loyalty bonus system in our App.

4.4      Data processing in relation to the YouTube plugin

We use a social media plugin provided by YouTube (LLC 901 Cherry Ave, San Bruno, CA 94066 USA) in our App to give our users the ability to easily and quickly retrieve aftermovies.

When you click on the plugin, it connects to YouTube and automatically transfers certain personal data to YouTube. This is a feature of the plugin that we cannot influence. We also do not have access to this data. Accordingly, it is not us but YouTube that is responsible for this data processing. Insofar as the processing of your data should however be controlled by us, it serves legitimate interests in accordance with Art. 6 (1) lit. f GDPR, namely, to promote our business purposes by making the use of our App more interesting through videos of events.

For further information on the legal basis for the processing of your personal information in this regard, please cf. YouTube Privacy Policy (https://policies.google.com/privacy).

4.5      Maps

We use a variety of map services in our App depending on your operation system, i.e. Google (LLC 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) or Apple (Inc 1 Apple Park Way, Cupertino, CA 95014). We have marked the location of Bootshaus in these maps and embedded the maps in our App. Data processing in this regard is controlled by the respective provider. We do not have access to the data collected by these providers. Each data processing is determined solely by the respective provider.

Insofar as the processing of your data should however be controlled by us in this regard, it serves our legitimate interests in accordance with Art. 6 (1) lit. f GDPR. Our legitimate interest is to optimize our site to promote our business purposes and to allow visitors to quickly locate Bootshaus.

5.        Contact and your rights

Insofar as we process your personal data, you as data subject may have the following rights:

-       The right to information (Art. 15 GDPR)

-       The right to rectification (Art. 16 GDPR)

-       The right to deletion (Art. 17 GDPR)

-       The right to restrict the processing (Art. 18 GDPR)

-       The right to object to the processing (Art. 21 GDPR) and

-       The right to data portability (Art. 20 GDPR)

You also have the right to lodge a complaint with the competent supervisory authority (Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen, Kavalleriestr. 2-4, 40213 Düsseldorf).

 

To exercise your rights and to discuss any questions about data processing carried out by us, you can contact us in the most comfortable way for you:

 

Bootshaus Cologne GmbH, Auenweg 173, 51063 Cologne

E-Mail: datenschutz@bootshaus.tv (unencrypted email)

Telephone: +49 221 98944840

 

If you contact us, we process your personal data to handle your request according to Art. 6 (1) lit. b GDPR. Personal data will be deleted in this case, whenever they are no longer required to handle your request and any statutory retention periods have expired.