A. General terms and conditions

1. Purpose

DAM 10 AG (“operator“) operates the crowd-donation platform accessible at “www.there-for-you.com” (hereinafter the “platform“). This platform enables charitable associations, cooperatives, foundations and other legal entities or partnerships as well as natural persons to showcase projects in the form of image, text and video files (“initiators“) or to provide them with financial support (“donors“, jointly with initiators “users“). “Projects” is understood to mean ideas for which financial support is being sought on the platform

2. Scope

The general provisions of these General Terms and Conditions (“GTC“) (A.) apply to all services offered by the operator and throughout the entire lifecycle of these services. By using the operator’s platform, users accept the following conditions. Use is established when the www.there-for-you.com website is accessed in an Internet browser.

The special provisions (B., C. and D.) apply in each case only in relationship to the corresponding parties.

3. Conditions governing participation

Users must be fully capable natural persons, legal entities or partnerships. Parties who are not capable of acting can only take part as users subject to agreement of the legal representative.

4. Performance obligation of the operator

The operator enables donors and initiators to use the platform. The operator does not provide any recommendations for supporting projects on the platform. It does not assume any financing obligations in respect of the projects and does not guarantee either the successful funding of the projects nor their realisation. The operator is under no obligation to review the intended purpose of the financial support specified by the initiator.

5. Obligations of the users

The user assumes full responsibility for using the platform. The user agrees to discharge the operator from all manner of costs, actions, damages, misuse, losses or other claims that may arise as a result of registering with or using the platform and its services. The user is obliged to treat emails and other messages from users or the operator in the strictest confidence and agrees only to make these accessible to third parties subject to the express prior consent of the sender. This applies in particular to names, telephone numbers, address data, email addresses and URLs.

The user furthermore undertakes not to improperly use the services provided by the operator, in particular:

• not to disseminate any material or information that is defamatory, offensive or otherwise unlawful or immoral. This includes in particular content that is pornographic, racist or with similar content;
• not to upload to the portal any data that could inflict damage on the operator’s hardware and software (computer viruses, infected software); and
• not to publish any data or content that violates the rights of third parties (e.g. intellectual property rights or personality rights).

6. Intellectual property rights

The operator is entitled to copyright on all self-created contents of the website “www.there-for-you.ch”. Reproduction or use of content of any kind is only permitted with the prior written consent of the Operator. [The operator has protected “www.there-for-you.ch” as a trademark.]

7. Liability

The operator shall be liable solely in the case of intentional acts or gross negligence. In particular, the operator shall assume no responsibility or liability that the data and information provided is up to date, accurate and complete, nor for the use thereof. Liability for delays or failures due to technical factors is excluded in all cases. The operator is not liable for hyperlinks that fall outside the responsibility of the operator. Should the operator become aware that reference is made to a website containing unlawful content, the operator shall make all reasonable efforts to remove the reference in question.

8. Suspension or termination

The operator reserves the right to block a user’s account on a temporary or permanent basis, especially if the user concerned commits a serious or repeated breach of these GTC.

9. Data privacy

The processing of personal data by the operator is governed by the data privacy notice.

10. Severability clause

Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the effectiveness of the remaining GTC. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which comes as close as possible to replicating the economic intent of the contracting parties.

11. Amendments to the GTC

The operator reserves the right to amend the GTC at any time. The current version of these GTC can be viewed at any time at www.there-for-you.com/agbs. In the event of continued use of the platform, the amended GTC shall be deemed to have been accepted.

B. LEGAL RELATIONSHIP BETWEEN OPERATOR AND INITIATORS

1. Admission

Initiators shall only be accepted if they intend to start a project in the fields of child aid, climate protection or animal welfare. There is no legal entitlement to admission as an initiator. The operator may decline to register an initiator or to start a project at any time without specifying the reasons or subsequently to delete the initiator’s profile. When a project proposal is accepted by the operator, a contract is established between the operator and the initiator

2. Registration

Before launching a project, the initiator must register using an online form and create a profile. All information requested during the registration process must be provided accurately and truthfully. The operator shall gather at least the following information from the initiator.

• Last name, first name
• Residential address
• Email address
• Description of the proposed project
• Details about any tax exemption of donations
• Definition of a donation target (minimum amount)
• Contact person

The operator shall gather additional details and verify these if and insofar as this is required by applicable anti-money laundering provisions. If incorrect information is provided during registration, the operator reserves the right to take legal action and to exclude the initiator or the project from the platform without compensation. The operator reserves the right to gather additional information from the initiator at any time.

3. Right of use

When the initiator posts content, they grant the operator a non-exclusive and global right to use the project information free of charge and for an unlimited period of time. The initiator grants the operator the right to save, to publish and to forward to third parties for publication the project information they have entered (texts, images, videos), the designation of the initiator, and the first name and last name of the initiator’s contact person, insofar as forwarding such information serves to publicise the initiator’s project, advertise the platform or fulfil other sales and marketing purposes. The operator is authorised in this regard to use or to forward the project information in its entirety or in amended form, on its own or in combination with its own content.

4. Obligations of the operator

If the operator accepts a project, it commits to activating the project on the platform.

The operator is entitled to make use of services offered by payment providers in order to process payments. Payments via the platform may be processed using the following payment systems in particular, chosen at the discretion of the operator: e-banking, credit cards, PayPal, GooglePay, ApplePay. The operator is required to transfer payments received to the initiators no later than 60 days after receipt of payment (when the corresponding target is met). The operator shall hold the donations in the name of and for the account of the initiator for a holding period of up to 60 days. If the project fails, the operator is required to reimburse the donations received to the donors in the name of and for the account of the initiator within 60 days of receipt of payment, unless the initiator has agreed to assign the donations to another project on the platform. At no time shall the operator itself owe any claims for reimbursement. Claims for reimbursement are owed exclusively by the initiator and shall be directed to the same.

Once the donation target is achieved and the project completed, the project shall remain activated on the platform for at least 14 months; the operator reserves the right to leave the project activated for longer than this, at its discretion. If the donation target is not reached, the project will be removed from the platform and the contract shall become void.

5. Obligations of the initiator

The initiator agrees not to publicise the project they have submitted to the platform at the same time as on another platform pursuing a similar purpose.

When the donation target is reached, the initiator shall owe the operator a fee of 10% of the total amount of the donations received. The operator shall deduct this from the amount it transfers to the initiator. If a direct deduction is not possible for whatever reason, the initiator agrees to transfer the fee of 10% to the operator immediately after receiving the funds.

The initiator undertakes to provide the operator will all documents it needs to activate the project or if possible to upload them themselves via their profile. In particular, the initiator must submit to the operator a 60-120 second video introducing the project as well as a project description of at least 100 words at the beginning of the project.

The initiator agrees to use the money collected exclusively for the purpose outlined in the project description. The operator has a right of information and inspection towards the initiator. In particular, it has the right to inspect receipts for payments made.

Once the project has been successfully funded, the initiator must upload an update of at least 60 words to the platform at monthly intervals providing information on what the project has achieved. Between 10 and 14 months after the money has been transferred to the initiator, the initiator must upload a 60-120 second achievement video to the platform explaining to the donors how the funds donated have been put to use.

6. Independent activation

Instead of or in addition to activating individual projects as outlined in B.4 and B.5 above, the initiators can also secure a project-independent presence under a separate section on the platform, as defined in B.1. Independent activation consists of a description of the initiator’s activities and the specification of contact data and payment information. The donations flow directly from the initiator’s account and are independent from a concrete project or the achievement of a predefined donation target. The initiator agrees to use the money collected exclusively for the purpose outlined in the activity description and to pay the operator a fee amounting to 5% of the funds donated for this purpose. The operator has a right of information and inspection towards the initiator. In particular, it has the right to inspect receipts for payments made.

C. LEGAL RELATIONSHIP BETWEEN OPERATOR AND INITIATORS

1. Admission

There is no legal entitlement to admission as a donor. The operator may decline to register a donor or to start a project at any time without specifying the reasons or subsequently to delete their profile.

2. Registration

Before the donor can support a project, they must register using an online form and create a profile. No registration is required simply to browse the projects on offer. All information requested during the registration process must be provided accurately and truthfully by the donor. The operator shall gather at least the following information from the donor.

• Last name, first name
• Email address

3. Obligations of the operator

The operator may receive donations in the name of and for the account of the initiator using the payment channels specified in B.4. At no time shall the operator itself owe any claims for reimbursement.

The operator has no further obligations towards the donors. It shall not provide any recommendations or forecasts in relation to projects. In particular, the activation of a project on the platform shall not constitute a recommendation or advice.

4. Obligations of the donor

The donor can discover and financially support projects on the platform. The donor decides exclusively on their own responsibility whether or not they want to support a project. The donor only commits to making a payment when they confirm the payment by clicking on the appropriate button. The donor acknowledges that the operator processes the payment on behalf of the initiator.

D. LEGAL RELATIONSHIP BETWEEN INITIATORS AND DONORS

The activation of a project by the initiator constitutes an offer to potential donors. The donor only accepts the initiator’s offer when they click on the appropriate button and accept the subsequent payment . A legally binding contract is established between the initiator and the donor. The donation cannot be revoked. By supporting a project the donor agrees that the initiator may send them project-specific news (such as financial targets achieved or invitations to recruit new donors) and queries about their donation. The donor has no right of say in the project supported.

Introduction
DAM 10 AG, Schaugentobelstrasse 61, 9037 Speicherschwendi, respects your privacy. This data privacy notice demonstrates our commitment to protecting your privacy and the confidentiality of your personal data.

By accessing our website “www.there-for-you.com” and/or communicating with us via the contact form on our website, by email or using other channels, you signify your agreement with this data privacy notice. If you do not agree with all aspects of this data privacy notice, you must notify us without delay and discontinue using our website. We will subsequently no longer be in a position to provide you with information or services.

What personal data do we record?
We record only those personal data pertaining to you that you provide to us in your communication with us (depending on whether you use the website as an initiator or donor e.g. last name, first name, residential address/domicile address, email address, account relationship and website URL). In some cases your personal information will be supplemented with information from publicly accessible sources (e.g. online media or employer websites) in order to be able to communicate with you effectively and offer you our services.

For what purposes do we process your personal data?
We process your personal data in order to provide you with our services and to communicate with you. In addition, we process your personal data in order to be able to send you newsletters and to comply with the legal obligations incumbent on us, especially in the area of anti-money laundering.

Your personal data will only be used by us, our order processors and service providers (in particular for the purpose of payment processing by Stripe, PayPal, Apple and Google) and our technology providers. The latter are obliged to protect your personal data to the same extent we are. Your personal data will not be sold by us to third parties or transmitted in any other way, unless we have received your prior consent for this or we are required to do so by law or in accordance with other applicable provisions.

On what basis are your personal data processed?
When we process your personal data for the purposes described here, we are guided by your agreement with this data privacy notice, by our legitimate interest in communicating with you about our services, or by other reasons governing the lawful processing of your personal data according to prevailing laws or provisions.

Protection of your personal data
We restrict access to your personal data and the use thereof to those persons who absolutely require knowledge of said data. We employ suitable technical and organisational means to safeguard the confidentiality and integrity of your personal data. All personal data are stored exclusively in a secure hosting environment in Switzerland and/or in Germany. Compliance with all applicable data protection laws is ensured by us at all times.

If your personal data are transferred outside the European Economic Area (EEA) or outside of Switzerland, this is done on the basis of data processing agreements; DAM 10 AG applies the agreement on transborder data flow published the Federal Data Protection and Information Commissioner (FDPIC) or the EU standard contract clauses adopted by the EU Commission for this purpose.

Cookies
Access to areas where registration is required and the use of certain services is only possible if your Internet browser allows cookies. Cookies are small text files that are stored in the user’s browser for the purpose of recognising the user. As a recognised user, you do not have to log in repeatedly. Cookies are used by our servers as well as by ad servers of the following advertising companies: Google Analytics and via embedded videos from Vimeo and/or YouTube.

We also use Google Analytics, a web analysis service provided by Google Inc. (“Google”). The information collected by Google Analytics using cookies on your use of the website (including your IP address) is sent to a Google server in the USA, where it is stored. Google will use this information to evaluate the way you use the website in order to compile website activity reports and in order to provide other website and Internet usage-related services. Google may also transfer this information to third parties where legally required or if third parties process this data on behalf of Google. Google will not associate your IP address with other data.

You can prevent the installation of cookies by adjusting the relevant setting in your browser. If you do so, however, you may not be able to use the full functionality of this website. It is generally recommended to sporadically delete your accumulated cookies. Please refer to the help pages of your browser to find out how to do so.

Your selection options and rights
We afford you irrespective of your country of residence all individual data privacy rights to which you are entitled pursuant to the European General Data Protection Regulation (GDPR):

You have the right to be informed which personal data we process pertaining to your person and to receive a copy of said information so you can verify your personal data are being processed in accordance with the law (right of information). If your personal data are reproduced incorrectly or incompletely, you are entitled to request that they are corrected or supplemented accordingly (right of correction). You can request that your personal data are deleted (right to deletion) or in certain cases request a temporary restriction to processing (right of restriction to processing). In addition, you may object to the processing of your personal data (right of objection) and have the right to receive your personal data in machine-readable form and forward them to another provider, provided this is technically feasible (right of data portability). These rights may be exercised by sending an email to info@there-for-you.com and enclosing a copy of your identity card or equivalent information (where required by us and permitted by law). If the application is made by a person other than you, without providing proof that the application was lawfully made on your behalf, the application will be rejected.

You also have the right to revoke your consent to the extent that we process your personal data on the basis of your consent. The legal validity of our agreement concluded on the basis of your consent issued prior to this revocation is not affected by this.

Storage of your personal data
We store your personal data only for as long as necessary to provide you with our services and/or as prescribed by applicable laws, regulations or retention requirements.

Contact person
If you are unhappy with any aspect of how your personal data are processed, we would like to know how we can support you. Please send an email to info@there-for-you.com.

You also have the option of contacting your data protection authorities in your country of residence.