General terms and conditions, and data privacy statement
We appreciate your interest in our website and our company. We cannot assume liability for external links to external content, although the contents are carefully checked.
The protection of your personal data during the collection, processing and use thereof during your visit to our website is important to us. Your data is protected in accordance with the statutory provisions.
Data privacy statement
The MOVEEFFECT platform provided by MOVEEFFECT pursues the objective of networking athletes, companies, organisations, educational institutions, etc., in order to combine workplace health management with social commitment. In order to achieve the MOVEEFFECT objective (see Section I, 2 of the GTC), certain information regarding individual users is published for other users, by disclosing specific information on the MOVEEFFECT platform.
MOVEEFFECT collects, administers and uses personal data in pursuance of the applicable data protection law, ensuring that every user is able to decide for himself which personal information can be viewed by other users.
Users can decide for themselves to what extent information regarding activities including fundraising activities, etc. is made visible to others on their profile page by adjusting the available settings accordingly.
Categories of individually identifiable information collected by MOVEEFFECT
MOVEEFFECT collects individually identifiable information when a user registers on the MOVEEFFECT website. The individually identifiable information collected by MOVEEFFECT falls into the following categories:
- Companies: name of the company, postal address, name and telephone number and e-mail address of an authorised contact
- Athletes: forename and surname, e-mail address and any affiliation to a company, various information regarding activities such as, for example, length and type of activity (sMiles), etc.
- Organisations: name of the organisation, postal address, name and telephone number and e-mail address of an authorised contact, job description, banking details for receiving donations
In particular, MOVEEFFECT stores and uses individually identifiable information, in order to develop new applications and to improve applications, and to adapt these to the needs of users.
Use and disclosure of individually identifiable and non-individually identifiable information to third parties
In registering, users expressly agree that MOVEEFFECT is entitled to use individually identifiable information in accordance with the settings on the profile page of such users for the MOVEEFFECT objectives. MOVEEFFECT shall not disclose individually identifiable information to third parties unless required to do so by law or unless users give their express consent. MOVEEFFECT shall take all reasonably required steps to ensure that unauthorised parties are unable to access stored data.
Users expressly agree that non-individually identifiable information may be used by MOVEEFFECT in order to achieve its objectives.
Users expressly agree that non-individually identifiable information may be used by MOVEEFFECT in order to achieve its objectives.
MOVEEFFECT uses Google Analytics, a network analysis service provided by Google Inc. (“Google”). Google Analytics's functionality includes statistics regarding page views and visitor analysis, etc.
General Terms and Conditions (GTC)
- MOVEEFFECT GmbH provides the MOVEEFFECT platform. Referred to hereinafter as MOVEEFFECT in belongings to the company and MOVEEFFECT in belongings to the platform, it operates an internet platform in an effort to combine workplace and private health management with social commitment.
- the MOVEEFFECT objective is to network companies, company employees who do sport, non-profit-making organisations, educational institutions and physically active people in general, and to create new ways of motivating them to do more sport and to support social projects through voluntary donations.
- In order to be able to utilise the MOVEEFFECT full range of products and services, users have to complete a one-off registration process (see section entitled Registration and Application of these General Terms and Conditions).
- General content and general descriptions about MOVEEFFECT can also be viewed by users without having to register.
Validity of the General Terms and Conditions
- MOVEEFFECT offers the internet platform on the basis of these General Terms and Conditions. By registering with MOVEEFFECT, users agree to be bound by MOVEEFFECT's General Terms and Conditions.
- It is not possible to register and use the full range of products and services without expressly agreeing to these General Terms and Conditions.
- The prevailing version of these General Terms and Conditions dated 1 April 2013 shall be valid until revoked. MOVEEFFECT reserves the right to amend the General Terms and Conditions at any time. Following such an amendment the registered user shall have to agree to the new terms again, in order to continue using the MOVEEFFECT platform. The prevailing version of the General Terms and Conditions can be downloaded from the MOVEEFFECT website.
- Only the German version of these General Terms and Conditions shall be binding.
Subject matter of the contract
At present, MOVEEFFECT essentially provides its users with the following applications and information:
- Internet platform (name: MOVEEFFECT)
- Personal profile page with personal data
- Personal profile page with data regarding the company
- Personal profile page with data regarding the organisation
- Activities page including a clear overview of sports activities
- Statistics, analysis and comparisons
- Messaging system in order to exchange personal messages
- Ranking of athletes/runners with information regarding sMiles collected
- Ranking of companies with information on donations and number of athletes
- Ranking/table of non-profit-making organisations
- Other content:
- Information regarding top athletes, top companies/donors and top organisations
- Information on the amount of donations received
- More information about MOVEEFFECT
- Partners: presentation of the MOVEEFFECT partners and supporters
- Advertising by MOVEEFFECT and/or third parties
- Feedback function for users
- General Terms and Conditions and website credits
- the MOVEEFFECT other services
- Newsletter: the user acknowledges and expressly agrees that he will receive newsletters from MOVEEFFECT from time to time. The user will have an opportunity with every newsletter to unsubscribe via an unsubscribe link in the newsletter. In addition, he may also unsubscribe via a setting on the profile page. Note: the user expressly acknowledges that, due to the system, he may still receive a maximum of one further newsletter after unsubscribing. MOVEEFFECT and MOVEEFFECT shall not send the user any newsletters beyond that.
Function, process of the platform
- The users of the MOVEEFFECT platform (companies, company employees, non-profit-making organisations, educational institutions and private individuals) are networked.
- Companies and company employees register on the platform. Employees state the company they work for on their own profile page. The company, in turn, confirms on its own profile page that the employees concerned belong to the company. In this way it is established which employees do sport for which company. The company concerned can acknowledge the sporting achievements of the active members of its workforce by donating a fixed amount of its choice for every sMile (i.e. points/units collected by physically active employees) collected by the employees or a sum of its choice DIRECTLY to a non-profit-making organisation or educational institution registered on the platform or to social institutions in their own company (e.g. childcare, etc.), but it does NOT have to (the MOVEEFFECT philosophy is that actions must be voluntary).
- The organisation/company receiving the donation provides MOVEEFFECT with confirmation that it has received the donation and the donation is included in the relevant list on the platform.
- The company's donation/social commitment is then marketed accordingly on the MOVEEFFECT platform (“donation branding”), but only of course if this is requested by the company. The company may write off the donation against tax, if the organisation to which it is donating appears as a preferential recipient of donations on the list of preferential recipients of donations of the Federal Ministry of Finance in pursuance of Section 4a of the 1988 Income Tax Act [Einkommensteuergesetz (EStG)]. Deductible donations are donations to institutions explicitly listed in the law (Section 4a Subsection 3 (1) to (3) and Subsections (4) and (6) of the Income Tax Act), and to institutions which, at the time of the donation, have a valid Notification of Preferential Treatment of Donation and which therefore appear on the list of organisations receiving preferential treatment for donations on the Federal Ministry of Finance's website without an expiration date.
- The company can make a positive contribution to the mental and physical fitness of its employees and thereby increase their performance and reduce periods of incapacity (for example due to illness).
- Private individuals/users can make a voluntary donation of a fixed amount of their choice for every sMile they have collected or a sum of their choice for the sMiles they have collected DIRECTLY to a non-profit-making organisation or educational institution registered on the platform, but they do NOT have to (the MOVEEFFECT philosophy is that actions must be voluntary).
- Receipt of the donation by the private individuals is, in turn, confirmed by the receiving organisation or educational institution to MOVEEFFECT. Only the receiving organisation (not the educational institution) pays a small proportion of the donation received (which has an upper cap), which is separately agreed on the platform, to MOVEEFFECT as a contribution towards the expenses of maintaining and servicing the platform.
- In order to be able to use the MOVEEFFECT internet platform, users must complete a one-off, free registration process. Private individuals, companies, employees of companies, non-profit-making organisations and educational institutions (e.g. schools) may register with MOVEEFFECT.
- Use of the MOVEEFFECT platform is free for private individuals.
- A fee is payable by companies for using the MOVEEFFECT platform. Companies pay MOVEEFFECT a fixed sum per registered employee per month. The level of the fee payable (contribution towards expenses) is indicated separately on registration and in the general information on the platform. The prices indicated are binding (campaigns are excluded). The membership fees for employees shall be payable within 10 days of the invoice date. The company may pay them using the payment options indicated there. If a fee cannot be collected, the company pays all the resulting costs, in particular bank charges related to the return of direct debits and similar charges, to the extent that it is responsible for the underlying event. MOVEEFFECT may send invoices and payment reminders to the company by e-mail.
- Use of the MOVEEFFECT platform is free for non-profit-making organisations. MOVEEFFECT reserves the right to invoice the beneficiary organisations for a small proportion (with cap) of the donations made (an upper cap exists) as a contribution towards the expenses of maintaining, servicing and looking after the platform. Whether and to what extent this proportion is payable is indicated separately on the platform. The organisation may pay the fees using the payment options indicated on the platform. If a fee cannot be collected, the company shall pay all the resulting costs, in particular bank charges related to the return of direct debits and similar charges, to the extent to which it is responsible for the underlying event. MOVEEFFECT may send invoices and payment reminders to the company by e-mail.
- Use of the MOVEEFFECT platform is free for educational institutions.
- In the case of private individuals, only persons with full legal competence are permitted to register with MOVEEFFECT. Minors may only register with MOVEEFFECT with their parents' or guardians' express permission. Written consent is to be sent by e-mail to email@example.com.
- By registering, the user confirms that he has noted and accepts the full contents of these General Terms and Conditions.
- A form must first be completed in order to register with MOVEEFFECT. The user must provide the information requested (e.g. forename, surname and e-mail) correctly and in full, unless this information is indicated as being voluntary.
- Following successful registration, users can log in to MOVEEFFECT by entering their username or e-mail address and their chosen password.
- MOVEEFFECT reserves the right to reject users without giving reasons. In this case, any data transmitted shall be immediately deleted.
Termination of use or exclusion
- Users are entitled to terminate use of the MOVEEFFECT platform at any time by adjusting their profile settings (“Profile”) accordingly. Such termination of use only has to be confirmed once.
- Upon termination of use of the MOVEEFFECT platform by companies, previously outstanding usage charges up to the relevant month shall be payable.
- Upon termination of use of the MOVEEFFECT platform by organisations, any fees payable to MOVEEFFECT shall become due.
- In addition, MOVEEFFECT reserves the right to exclude users from the MOVEEFFECT platform for good cause (e.g. in the event of gross breaches of the users' obligations, offences against common decency, etc.).
- Upon termination of use or upon exclusion from the MOVEEFFECT platform, all personal data (profile page) indicated by the user during registration shall be deleted. Any data which the user has disclosed shall be presented anonymously on the termination of use, i.e. it shall be indicated that this content originates from a deleted user or it may possibly be deleted in the event of exclusion.
Duties and conduct of the user
- The user of the MOVEEFFECT platform undertakes,
- to provide correct registration data (see Section IV Notification and registration of these General Terms and Conditions) and to keep this up-to-date, and not to disclose it to third parties.
- to store, publish, transmit and distribute only contents (photos, pictures, text, descriptions and videos, etc.) which he is authorised to disclose, i.e. for which he holds exclusive rights of use, or, if the user is not himself the owner of the rights in content uploaded by him, he gives MOVEEFFECT an assurance that he has effectively obtained all the necessary rights, licences, permits etc. This also applies to copyright-protected content such as company logos and trademarks. Responsibility for such content lies solely with the user.
- In particular, storing, publishing, transmitting or distributing racist, abusive, discriminatory, defamatory or sexual content, content glorifying violence or other illegal content is prohibited.
- not to send chain letters or messages, which do not serve the MOVEEFFECT objective, to multiple people at the same time (mass e-mails or spam). However, it is possible to send such messages and chain letters, if these serve the MOVEEFFECT objective (see Objective section) (for example, for organising events, etc.).
- not to interfere in any way with the MOVEEFFECT platform using technical or electronic aids, in particular not to make any hacking attempts or brute force attacks, not to introduce viruses/worms/Trojans nor make any other attempts at interference which affect MOVEEFFECT's software and hardware.
- not to copy, distribute or transmit accessible data without the express consent of the relevant copyright holder, and not to read this with technical aids (e.g. crawlers or bots).
- The user of the MOVEEFFECT platform is obliged,
- to enter details of the sports activities he has participated in truthfully
- to immediately notify any detected breaches of the aforementioned obligations by sending an e-mail to firstname.lastname@example.org.
- to handle personal data carefully and to only allow those persons who already have a close relationship with the user to access the latter's own data.
- to secure important personal data himself externally (storage media, hard drive and cloud) on a regular basis. MOVEEFFECT does not assume any liability for lost or damaged data.
Sanctions or consequences in the event of breaches of obligations by the user
- MOVEEFFECT shall initiate or have initiated the following sanctions or consequences in the event of breaches of obligations by the user, in order to guarantee the proper, reliable provision of the services.
- The choice of sanction shall depend on the purpose, gravity and type of offence, while respecting mutual interests. The following sanctions are in principle conceivable:
- Deleting of contents
- Temporary blocking of user
- Exclusion (definitive block)
- In the event of a user being excluded from the MOVEEFFECT platform, he may not register with MOVEEFFECT again.
Content created by users and rights to such contents
- MOVEEFFECT allows its registered users to use the range of products and services offered in accordance with the statutory provisions and the provisions of these General Terms and Conditions, in order to upload, store, publish, distribute, transmit and share contents with other users.
- The user agrees that advertising which is marketed by MOVEEFFECT can also take place in the areas surrounding the created content.
- MOVEEFFECT is authorised to store contents and to pass these on to third parties, inasmuch as this is required by law or is necessary and legally permissible at its dutiful discretion, in order
- to comply with statutory provisions or court or administrative orders;
- to ensure compliance with these General Terms and Conditions;
- to respond to the assertion of an infringement by third parties; or
- to protect the rights, property or personal safety of MOVEEFFECT, its users or the public.
- The user grants MOVEEFFECT an irrevocable, non-exclusive, but unlimited right, free of charge, to use all of the contents generated, transmitted, stored and published by him. MOVEEFFECT is therefore entitled to use all the contents regardless of the type of use in the context of MOVEEFFECT's services and in the context of any other activities of MOVEEFFECT. This also includes the right to change and edit contents, provided that this does not adversely affect the user's justified interests. MOVEEFFECT reserves the right to delete contents created by users such as, for example, routes, events or comments without giving reasons. In this case, the user shall be notified and, if applicable, prosecuted in the event of a breach of these General Terms and Conditions (see Section VIII. Sanctions or Consequences in the event of Breaches of the Obligations by the User).
- In addition, MOVEEFFECT does not assume any liability for users' incorrect contents uploaded to the MOVEEFFECT platform (e.g. route details and details of sports activities, etc.).
Exclusion of warranty and liability
- Exclusion of warranty and liability
- MOVEEFFECT does not give any warranty that the online services will be constantly available, complete and free from errors or that the necessary hardware and software will be free of errors.
- MOVEEFFECT does not give any warranty that data transported via external systems, in particular the internet and telecommunication networks, will not be tracked, recorded or falsified by third parties.
- The user shall use MOVEEFFECT's services exclusively at his own risk.
- Furthermore, MOVEEFFECT does not provide any warranty regarding external links, banners or other information and marketing offers which may be provided for the user. Legal transactions which are brought about between the user and a third-party provider (e.g. via linked websites or banners) shall exclusively result in contractual relationships between the user and the third-party provider. MOVEEFFECT does not provide any warranty regarding the services of third parties.
- MOVEEFFECT shall only be liable under the existing statutory provisions, regardless of the cause in law thereof (precontractual, contractual or non-contractual), if damages have been caused through gross negligence or intent on the part of MOVEEFFECT.
- With respect to injury to life, limb or health, MOVEEFFECT shall be liable in the event of a grossly negligent breach of duty.
- MOVEEFFECT shall not be liable with respect to companies. MOVEEFFECT shall not be liable with respect to companies for consequential damages, mere pecuniary damage, lost profits or damages resulting from claims by third parties. In particular, liability on the part of MOVEEFFECT with respect to companies for financial loss regarding wrongly or incorrectly registered sMiles by the companies' employees is excluded, especially as the companies are not obliged to make a donation, on the basis of the sMiles entered by the employees into the platform, to its own company, to an educational institution or to a non-profit-making organisation.
Release from liability by the user
- The user shall release MOVEEFFECT from liability for all claims which third parties lodge against MOVEEFFECT due to a violation of their rights by contents uploaded by the user within the MOVEEFFECT network, or through some other use of the applications provided via the MOVEEFFECT network by the user. This shall not apply, if the infringement cannot be attributed to any fault on the part of the user.
- In the event of recourse to law by third parties, the user is obliged to immediately, truthfully and completely notify MOVEEFFECT of all the information available to him, which is required to verify and defend the claims. This shall not affect more extensive claims for damages by MOVEEFFECT with respect to the user.
- Amendments to the General Terms and Conditions
- With the firm exception of the section regarding the Subject Matter of the Contract and the current expiration date (section regarding the Validity of the General Terms and Conditions), amendments to these General Terms and Conditions shall require the user's consent. If the user does not consent to the amended General Terms and Conditions, he will not be able to continue using MOVEEFFECT's services.
- Amendments to the contractual conditions must be made in writing. No verbal agreements exist.
- In the event of individual provisions of these General Terms and Conditions being or becoming invalid, this shall not affect the remaining terms and conditions.
- Governing law and jurisdiction
- These General Terms and Conditions and all the legal relationships and disputes between the users and MOVEEFFECT shall be exclusively subject to Austrian law.
- The place of performance and exclusive jurisdiction for all disputes shall be Linz, Austria.