1.1 PURPOSE AND AREA OF APPLICATION
This is the official website of PassOn, www.passon.com. The information published on this website is for informational and contact purposes as well as for marketing purposes.
1.2 INTELLECTUAL PROPERTY
PassOn reserves all rights to all content published on the website www.passon.com (trademarks, product names or company names or logos, texts, images, software including source code, etc.) (IP provider).
All intellectual property rights of PassOn are protected by Swiss and international law, in particular they enjoy copyright protection, trademark protection, UWG protection, etc. A right of use that has been granted, in particular such as copying, reproducing, modifying, reselling, distributing, extracting, reusing, transferring, publishing, and playing, or any other exploitation thereof, regardless of the means or medium used, is prohibited without the written consent of PassOn. The intellectual property rights of PassOn are offered by PassOn as stated, and PassOn expressly disclaims all warranties for these to the extent permitted by law and unless otherwise agreed. To the extent permitted by law, PassOn excludes all responsibility and liability for damages of any kind resulting from an infringement of intellectual property rights.
1.3 PASSON DISCLAIMER
The website www.passon.com is offered by PassOn as shown, and PassOn expressly excludes any warranty for the use of its web pages, as far as legally permissible.
PassOn is liable for directly and immediately intentional or gross negligence. The liability of PassOn is excluded to the fullest extent permitted by law for other damage and warranty claims, in particular for lost profits and indirect and consequential damages of the user as well as of third parties. Liability for auxiliary persons and subcontractors of PassOn is completely excluded.
1.4 LIABILITY OF THE USER
The user is liable to PassOn for all damages caused by the user or its agents to PassOn in connection with the use of the website, regardless of the legal grounds, to the full extent permitted by law.
2.1 HANDLING OF DATA
PassOn expressly guarantees compliance with Swiss data protection regulations. PassOn undertakes to provide state-of-the-art security for the systems, programs, etc. that it owns and influences. PassOn secures the website and associated systems by appropriate technical and organisational measures against loss, destruction, access, modification or dissemination of data by unauthorised persons.
Users acknowledge and accept that PassOn retains and uses data obtained from the use of the websites and, if necessary, evaluates it for statistical, analytical, advertising and marketing purposes and transmits the data to third parties in Switzerland and abroad. The user may at any time object to the use of personal data for advertising and marketing purposes. Furthermore, PassOn undertakes not to pass on data on the users to third parties for purposes which are not mentioned herein and which have nothing to do with the fulfilment of the contract. PassOn may pass on personal data to authorities in Germany and abroad in the context of civil, administrative and criminal proceedings, provided that a final and enforceable judgement, injunction or legal obligation exists. Operations on system and traffic boundary data are logged by PassOn or third party providers and are stored in the statutory scope and during the statutory period. These logs are used for the fulfilment of the services, the legal requirements, for troubleshooting and for the collection of performance data as well as for the purposes mentioned above.
2.2 RIGHT TO INFORMATION AND CORRECTION
The users of the websites through which PassOn processes data have the right to free information about their personal data that may have been stored. This right can be exercised by the user making a request to the provider.
An objection and thus the correction or deletion of the personal data collected, processed or used by PassOn is possible at any time by the user sending their objection by e-mail or letter to PassOn.
2.3 COOKIES AND GOOGLE ANALYTICS
By visiting our website, a small file, a so-called “cookie”, is stored in the memory of the user’s computer. This tracking technology primarily serves to precisely survey visitor numbers. The information
that PassOn receives and stores via “cookies” during normal visits to its websites is used exclusively by PassOn or its affiliates to optimise the websites and the user experience.
This website also uses Google Analytics, a web analytics service provided by Google Inc. (hereafter referred to as Google). Google Analytics also uses “cookies”, text files that allow an analysis of the use of the website. The information generated by the “cookie” on the use of this website (including the IP address) by the user is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of the website, to compile reports on website activity for website operators and to provide other services related to website use and internet usage.
Google will also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Google will in no case associate the user’s IP address with other data from Google. The user can prevent
installation of “cookies” by setting the browser software accordingly; however, we point out to the user that in this case they may not be able to fully use all functions of this website. The user can read under this link how Google use the data collected: https://www.google.ch/policies/privacy/partners
In addition, PassOn does not intend to use the information and personal data obtained on the basis of Google Analytics for identification of persons, with the exception of attacks that constitute criminal offences, attacks that seek to prevent or impair the functionality of our website, requests from law enforcement agencies, as well as for marketing purposes and improvement of the services offered by PassOn.
By using the websites of PassOn, the user expressly agrees to the processing of the data collected about them in the manner and for the purpose described above.
2.5 APPLICABLE LAW AND JURISDICTION
This agreement on the use of the website www.passon.com is subject to Swiss law to the exclusion of the UN Sales Convention and Swiss International Private Law.
The place of jurisdiction is Zug. Any statutorily required jurisdictions are reserved.
Zug, 9 May 2018, PassOn