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    Terms of Use for Ski Game

    Valid from: 15. October 2021

    The provider of the "Ski-Game" application for the smartphone and browser ("app") is Verein Österreich Werbung Wien, Vordere Zollamtsstraße 13, A-1030 Vienna (the "provider" or "we").

    Information on the processing of your personal data can be found under point 5 of these Terms of Use.

    1. Scope of application and contracting parties

    1.1 The app can be used in the browser under https://www.austria.info as a web application ("web app") and on the smartphone under iOS and Android as a "smartphone app". The web and smartphone apps are jointly referred to as the "app". In order to use the smartphone app, you must download it from "Google Play" or from the "Apple App Store" or open it in a browser, open an account, and accept these Terms of Use. When using the respective app store, the Google or Apple Terms of Use apply. The web app can be used either by opening an account or as a guest ("guest user").

    1.2 When opening an account to use the app ("registration") or when using the app as a guest user, the validity of the Terms of Use in the respective current version is agreed upon between you ("user") and the provider. Use of the app is permitted exclusively on the basis of these Terms of Use.

    2. Functions of the app

    2.1 The app enables the user to take part in a simulation of a Ski World Cup with four race tracks. The user can complete test runs on the race track available for a period of two weeks before the race against other users, which takes place at the weekend.

    2.2 While only one race track is available at the beginning of the game, the other race tracks become available gradually after each race has been completed. An overview of the individual race tracks is provided in the app. This also shows the time periods during which the qualification and race take place. The user is entitled to participate in the qualification and the race.

    2.3 In the app, the display of an "avatar" can be selected. The "avatar" shows the completed journey of another user and gives the user the opportunity to compete directly with other users. For this purpose, the user can also search for and display a specific "avatar" by user name or other characteristics.

    2.4 The user can also make adjustments to the skis ("turn", "edges" and "glide") and adjust other settings (graphics, sound, weather, outfit).

    2.5 As soon as the user has reached the finish of the respective race track, his or her username and the respective time achieved are entered in the ranking list, in which the times of the other users can also be viewed. The current ranking list is made available on the web page https://www.austria.info for all website visitors to view.

    2.6 The guest user can only use the app to the extent that he or she can ski on the respective unlocked race tracks. However, the guest user cannot participate in the qualification rounds or the subsequent races. In addition, the guest user's race times will not be recorded in the ranking list.

    2.7 Winners of individual races or winners of certain categories (e.g. longest jump, slowest racer, etc.) will be awarded prizes at our discretion. Participation in this competition is only possible if the user has given consent to participate in the competition in the course of registration. In the event of a win, we will inform the respective winners by e-mail and request the delivery address for sending the prize (see also point 5.2.5 below). In order to receive the respective prize, the user must provide a delivery address. If the user does not provide an address within a reasonable period of time, the prize will be passed on to another user. In any case, the user has no right to receive a prize.

    3. Use and registration

    3.1 The app can be used through free registration by providing a user name and e-mail address and selecting a password when accessing the app for the first time, during which the present Terms of Use must be accepted. If using the app as a guest user, it is only necessary to provide a user name.

    3.2 Users and guest users confirm that the data used for registration is correct and that they are at least 14 years old.

    3.3 Users and guest users further confirm that they are not using the app for business purposes and are therefore consumers within the meaning of the Consumer Protection Act (KSchG).

    3.4 Each user may only register once. By registering, the user confirms that he/she is not already registered and has not deleted an older account.

    3.5 To check and confirm the correctness of the e-mail address provided during registration, we send an e-mail including a "confirmation link" to the e-mail address provided by the user ("double opt-in"). The registration is only completed when the user clicks on the "confirmation link" in this e-mail and thereby confirms the e-mail address is correct.

    3.6 After successful registration, the user can log in to the app by entering the email address and the selected password and use the app's functions.

    3.7 The provider reserves the right to reject users and guest users without giving reasons. In such a case, the data transmitted by the user and guest user will be deleted immediately.

    4. Obligations of the user and guest user

    4.1 The user is not entitled to use the app for business purposes, to sell access to third parties, to charge usage fees, or to use the app in any other way that contradicts these Terms of Use.

    4.2 The user undertakes,

    4.2.1 to provide the correct information when registering or not registering another person in the app without permission;

    4.2.2 to keep his/her data up to date and correct at all times;

    4.2.3 not to disclose his/her login data (user name or password), not to allow other persons to access his/her account and to protect his/her account from unauthorised use;

    4.2.4 not to transfer his/her account to another person;

    4.2.5 not to collect other users' login information or access an account belonging to another user;

    4.2.6 not to create a new account after his/her account has been blocked;

    4.2.7 not to store, publish, transmit or distribute any racist, offensive, discriminatory, defamatory, sexual, violent or otherwise unlawful content and not to bully, intimidate or harass other users;

    4.2.8 not to upload malicious codes and not to make any disruptive interventions in the app, in particular, hacking attempts, brute force attacks, denial-of-service attacks, the introduction of viruses/worms/Trojans;

    4.2.9 not to collect content or information from users by means of automated mechanisms (such as bots, robots, spiders or scrapers) and not to access the app in any other automated way;

    4.2.10 not to copy, distribute, publish or modify content and data accessible within the framework of the app without the express consent of the respective rights holder;

    4.2.11 not to infringe any industrial property rights, copyrights, personal rights, property rights or other rights of third parties; and

    4.2.12 not to support or encourage violations of these Terms of Use and to report any violations discovered to the provider immediately;

    4.3 The obligations set out in points 4.1 and 4.2 will – insofar as relevant – also apply to a guest user.

    4.4 In order to ensure the proper functioning of the app, the provider reserves the right to (i) issue warnings in the event of violations of these Terms of Use by the user or guest user, (ii) temporarily block the user or guest user or (iii) terminate the contractual relationship with immediate effect for good cause and permanently exclude the user or guest user from using the app (permanent block). The choice of sanction depends on the intent, severity or nature of the offence committed by the user or guest user.

    4.5 Users and guest users are obliged to indemnify and hold the provider harmless for violations of these Terms of Use if claims are made against the provider by other users, guest users or third parties for these violations.

    5. Data protection

    5.1 Responsible person according to the GDPR

    5.1.1 The responsible party (Art. 4 para. 7 GDPR) for data processing in connection with the use of the app is the provider:

    Österreich Werbung Wien

    Vordere Zollamtsstraße 13

    1030 Vienna, Austria

    E-mail: datenschutz@austria.info

     

    5.2 Purposes, legal basis, and the storage period

    5.2.1 For the (i) creation of an account (registration) and (ii) provision of the app, we process (a) username, (b) password, (c) email address, (d) the settings you have chosen when using the app (e) your avatar and (f) the race times you have achieved, for the performance of the contract (Art. 6 para. 1 (b) GDPR). When using the app as a guest user, we only process IP addresses and usernames.

    The provision of the data mentioned in this point 5.2.1 is contractually required and necessary to use the app as a user or guest user.

    We store the data mentioned in this point 5.2.1 as long as necessary to fulfil the contract, i.e. as long as the contract with you is valid. If you have your account deactivated, the above-mentioned data will be deleted. In addition, we only store the above-mentioned data to the extent necessary for the assertion, exercise or defence of legal claims.

    5.2.2 In order to be able to detect, prevent and investigate attacks on the web app (Art. 6 para. 1(f) GDPR), we process (a) the URL called up, (b) the date and time of the call, (c) the IP address of the computer or mobile device, (d) the name and version of the web browser, (e) the browser type and settings data (screen resolution, colour depth, time zone settings, browser extensions, fonts, language), (f) the operating system and (g) the website (URL) from which you visit our web app ("referrer").

    The provider's legitimate interest lies in effectively preventing damage and disadvantages for the users of the web app as well as for the provider.

    The provision of the data mentioned in this point 5.2.2 is required for the use of the web app.

    We store the data mentioned in this point 5.2.2 during the use of the web app. In addition, we store the personal data mentioned only as long as this is necessary for the pursuit or defence of legal claims.

    5.2.3 We offer you the option of contacting us by email via the web app. In this case, we process (a) user name, (b) email address, (c) subject and content of the request and (d) time of the request in order to respond to your request (Art. 6 para. 1 (f) GDPR).

    The processing of the personal data referred to in this point 5.2.3 is carried out on the basis of our legitimate interest, namely to increase customer satisfaction.

    The provision of the personal data mentioned in this point 5.2.3 is neither contractually nor legally required but is necessary to answer your request.

    The data will be stored for as long as is necessary to answer the enquiry or to conduct correspondence. In addition, we store the data mentioned in this point only as long as this is necessary for the pursuit or defence of legal claims.

    5.2.4 We publish the current ranking lists on the web page https://www.austria.info, which contain the race times achieved by the users. For this purpose, we process (a) your user name and (b) your achieved race time on the basis of our legitimate interest (Art. 6 para. 1 (f) GDPR).

    The processing of the personal data referred to in this point 5.2.4 is carried out on the basis of our legitimate interest, namely to provide all users with an overview of the current status of the results in order to promote competition and interest in the app.

    The provision of the personal data mentioned in this point 5.2.4 is neither contractually nor legally required.

    The data will be stored for as long as is necessary to present the results and we can prove a legitimate interest.

    5.2.5 In order to be able to offer prizes to certain users within the "Ski Game", we process, insofar as you provide us with this personal data, on the basis of our legitimate interest (Art. 6 para. 1 (f) GDPR) (a) your user name, (b) your race time achieved, (c) your e-mail address and (d) your address.

    We will only request your address from you by e-mail if you have given us your consent to do so in the course of registration (§ 107 (1) TKG) and you actually win a prize. If you provide us with the address, we will process it exclusively for the delivery of your prize.

    The processing of the personal data mentioned in this point 5.2.5 is based on our legitimate interest, namely to be able to hand out prizes to the most successful users in the respective category and thus to be able to promote interest in the app.

    If you do not provide us with the address or do not give your consent to participate in the prize draws or sweepstakes, you cannot participate in the prize draws or sweepstakes.

    The consent to participate in the sweepstakes/prize draws or to be contacted by us via e-mail can be revoked at any time with effect for the future by contacting us under the data mentioned in point 5.1.1.

    The data will be stored as long as this is necessary for the prize draws/sweepstakes and delivery of the prizes and we can prove a legitimate interest or until you have revoked your consent.

    5.3 Disclosure of the data

    5.3.1 The provider uses processors to perform services on our behalf. The processors may only process the data provided to them in accordance with our instructions and to the extent necessary to perform services for us. We contractually oblige these processors to ensure the confidentiality and security of the personal data processed under the contract.

    5.3.2 The level of data protection in other countries outside the EEA may not be the same as within it. However, we only transfer your personal data to countries which the European Commission has decided have an adequate level of data protection or we take steps to ensure that all recipients in third countries ensure an adequate level of data protection. For example, we conclude the standard contractual clauses issued by the European Commission with these recipients.

    5.3.3 When using the app, your username, avatar and race times are visible to other users.

    5.4 Your rights under the GDPR

    5.4.1 You have the following rights vis-à-vis the provider as the controller under the GDPR:

    (a) The right to information according to Art. 15 GDPR regarding the personal data processed by us.

    (b) The right to rectification under Art. 16 of the GDPR, the right to erasure under Art. 17 of the GDPR and the right to restriction of processing under Art. 18 of the GDPR.

    (c) The right to object according to Art. 21 GDPR.

    (d) The right to data portability according to Art. 20 GDPR.

    (e) The right to lodge a complaint with the competent data protection authority pursuant to Art. 77 GDPR.

    (f) You can revoke any consent to the processing of personal data at any time (see Cancellation Form Appendix A). Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

    5.5 Cookies

    5.5.1 For more information on the cookies we use when using the web app, please see https://www.austria.info/en/data-protection/data-protection-policy

    6. Rights of use

    6.1 The App and all content published in the app (texts, images, audios, videos, trademarks, graphics, logos, photographs, music, layouts) are the intellectual property of the provider and are protected by copyrights and trademark rights or other protective rights in favour of the provider or third parties who have granted the provider corresponding rights of use.

    6.2 The provider grants the user and guest user the non-exclusive, spatially unlimited, non-transferable right to use the app and the content published by the provider for the duration of the contractual relationship. This right of use exclusively covers the use of the app in accordance with these Terms of Use and the use of the content within the framework and for the functions of the app. The user and guest user are thus not permitted to edit, reproduce, distribute, publish, translate, distribute, rent or transfer the right of use to third parties.

    6.3 Notwithstanding any other provision of these Terms of Use, information, brand names and other content of the app may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited.

    6.4 Apart from the rights of use or other rights expressly granted herein, the user and guest user are not granted any further rights of any kind whatsoever, in particular to the company name or to industrial property rights such as patents, utility models or trademarks, nor is the provider under any corresponding obligation to grant such rights to the user or guest user.

    7. Contents

    7.1 The app may contain hyperlinks to third-party content (websites, etc.). The provider assumes no responsibility for the content of these websites, as the provider does not control the linked information and does not create the content and information provided there. The use of this content is at the user's and guest user's own risk.

    7.2 The provider will immediately remove any hyperlinks if it becomes aware that they are involved in any illegal activity or information.

    8. Warranty and liability

    8.1 The provider does not guarantee that the app will function or the accuracy of any content available free of charge in the app.

    8.2 The provider is not responsible for the functioning of the user’s and guest user’s internet connection. It, therefore, provides no warranty for hardware and software outside its sphere.

    8.3 The provider is not liable in cases of slight negligence for property damage resulting from errors in the app or the content provided. The provider's liability for personal injury remains unaffected.

    8.4 The provider does not guarantee the actual identity of a user and guest user, as the identification of persons on the Internet is only partially possible. Each user and guest user must convince him-/herself of the identity of another user or guest user before entering into any kind of interaction with him/her, e.g. displaying the avatar of another user.

    9. Contract period and termination

    9.1 The contract with the user is concluded for an indefinite period. The contract with the guest user is concluded for the duration of the respective use (session) of the app. Upon termination of the respective use (session) by the guest user, the contract is automatically deemed terminated.

    9.2 The user can terminate the contract at any time by contacting the provider under the contact details mentioned under point 12 and having the account deactivated. With the deactivation of the account, the contract is terminated.

    9.3 The provider may terminate the contract at any time without giving reasons by giving two weeks' notice to the last day of the month. Notification to the user of the discontinuation of the app or of a particular version of the app will be deemed termination.

    9.4 After the notice period expires, the user will no longer have access to his/her account.

    9.5 Both parties have the right to terminate the contract with immediate effect for good cause. Among other things, the provider is entitled to terminate the contract for cause if the user violates these Terms of Use.

    10. Right of withdrawal

    10.1 As a consumer within the meaning of the Consumer Protection Act, the user has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise the right of revocation, the user must send a clear declaration (e.g. by post, e-mail or telephone) of the decision to revoke this contract to the address given in point 12 or by telephone to the number given in the About Us section. For this purpose, the user may use the attached model withdrawal form (see appendix), which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

    10.2 Without prejudice to other possibilities for revocation, the deactivation of the account by the user within the revocation period will be deemed to be a revocation.

    10.3 If the user revokes the contract, the provider must reimburse all payments received from the user without delay and at the latest within fourteen days of receipt of the notice of revocation. For this repayment, we will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. Under no circumstances will the user be charged for this repayment.

    11. Changes

    11.1 The provider will notify the user about any amendments to these Terms of at least two months before the proposed date of their entry into force with reference to the provisions affected. The user's consent will be deemed granted if the provider does not receive a written objection from the user by e-mail or post before the proposed date of entry into force. The provider will point this out to the user in the amendment offer.

    11.2 Without prejudice to the foregoing, the user's right to terminate the contract will remain unaffected.

    11.3 If the user rejects an amendment to the Terms of Use in good time, this will not affect the provider's right to terminate the contract with the user without notice.

    11.4 The provider is entitled, upon publication of a new version of the app, to apply amended terms of use which must be accepted by the User in order to use the new version of the app. This contract, therefore, does not cover the use of new versions of the app.

    11.5 Notwithstanding any other provision of these Terms of Use, the provider is entitled to amend the Terms of Use to the extent necessary to take account of any change in the law or any change in case law.

    12. Contact and communications

    12.1 The provider may send legally effective notices to the user to the last notified e-mail address. The user is obliged to notify the provider immediately of any changes to his/her e-mail address (provided during registration).

    12.2 The user can send legally effective notices to the provider by e-mail or by post to the following address or e-mail address:

    Österreich Werbung Wien

    Vordere Zollamtsstraße 13

    1030 Vienna

    Austria

    E-mail: support@austrianskigame.com

    13. Other provisions

    13.1 Amendments or supplements to these Terms of Use must be made in writing. This also applies to any waiver of this requirement for the written form. Verbal collateral agreements are invalid.

    13.2 Should individual provisions of these Terms of Use be or become invalid, the remaining provisions remain unaffected. The invalid or missing provisions will be replaced by the respective statutory provisions.

    13.3 The provider's failure to insist that the user perform its obligations under these Terms of Use or the provider's failure to enforce its rights against the user or to do so promptly will not constitute a waiver by the provider of such rights and will not relieve the user of its obligations under these Terms of Use.

    13.4 If the Provider waives its rights in respect of any default or breach by the user, the provider does so only in writing and this does not mean that the provider also waives its rights in respect of any future default or breach by the user.

    13.5 These Terms of Use and all disputes arising out of or in connection with this Agreement will be governed exclusively by Austrian law, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations remain unaffected by this.

    13.6 The place of performance for the provider's services under the contract is the provider's registered office.


    Appendix A: Model cancellation form

    (If you wish to cancel the contract, please fill in and return this form)

    To

    Österreich Werbung Wien

    Vordere Zollamtsstraße 13

    1030 Vienna

    Austria

     

    E-mail: support@austrianskigame.com

    1. I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

    2. Ordered on (*)/received on (*)

    3. Name of the consumer(s)

    4. Address of the consumer(s)

    5. Signature of the consumer(s) (only in the case of paper notification)

    Date 

    (*) Delete as applicable.

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