General and Definitions
These Terms and Conditions and this agreement between you as end user and mypersonal.guide AG, Bahnhofstrasse 2, CH-6060 Sarnen, Switzerland, (contact e-mail-address: mobileapps@mypersonal.guide) (“mypersonal.guide”) governs your use of the mypersonal.guide products, software, websites and in particular mobile applications as defined by mypersonal.guide from time to time (collectively, the “mypersonal.guide-Services”). The terms “we”, “us”, “our” and “mypersonal.guide” refer to mypersonal.guide, its corporate affiliates and the mypersonal.guide franchisees. The terms “end user”, “user”, “you” and “your” relate to the user of the mypersonal.guide-Services.
mypersonal.guide provides the mypersonal.guide-Services to you free of charge which permit you to utilize defined mypersonal.guide internet websites and mobile applications, including storing your travel reports with your personal content (first name, last name, e-mail address, waypoints, maps, tracks, photo, video, sound, voice comments etc.) under the provisions set forth in these Terms and Conditions and this Agreement.
The mypersonal.guide-Services are offered to you conditioned on your acceptance of these Terms and Conditions without any modifications. By using the mypersonal.guide-Services in any manner, you consent to these Terms and Conditions and confirm that you have read and understood its content (the “Agreement”).
Please read these Terms and Conditions and this Agreement carefully as they contain information regarding your rights and limitations on these rights, as well as a section concerning applicable law and jurisdiction of disputes. If you do not agree with these Terms and Conditions and this Agreement you are not authorized to use the mypersonal.guide-Services.
Warranties and Disclaimers
We assume no warranty or guarantee for the completeness, topicality, correctness, legality or other quality of the information provided on the mypersonal.guide-platforms and with the mypersonal.guide-Services. This also applies in particular to the services and offers of third parties (including prices, availability, reviews, etc.). We exclude any liability for errors or inaccuracies even if this information is compiled to the best of our knowledge and belief. We provide these services only as information for you.
In addition, we cannot warrant or guarantee that the contents displayed on the mypersonal.guide-platforms and the mypersonal.guide-Services are free from viruses or other data structures which can have a destructive or interfering effect. The user is solely responsible for the protection of his data processing system.
We are only liable for damages caused by intentional or grossly negligent acts of ourmanagement in the case of contractual or non-contractual claims. This limitation of liability does not apply in case of injury to life, body and health, within the scope of the Product Liability Act.
You assume the entire risk of using the mypersonal.guide-Services and interruptions of the mypersonal.guide-Services. We will not accept any liability for damages, direct or consequential, which may result from the use of the mypersonal.guide-Services.
Copyright
The contents and data published on the mypersonal.guide-platforms through the mypersonal.guide-Services (i.e. software, products, brands like logos, information, pictures, reports, illustrations, etc.) are in the majority of cases legally protected.
Reproduction, public reproduction or any other use or exploitation of such protected content is generally prohibited without the consent of the respective copyright owner in writing. You have solely the right to use the above mentioned content for personal, non-commercial purposes.
Data Privacy
As soon as you start using special parts of the mypersonal.guide-Services and mobile applications (e.g. travel reports) the personal data created thereby will automatically be sent to the mypersonal.guide-servers which are currently located in Switzerland but may be also located outside Switzerland.
The personal data is stored and processed to provide you with the possibility to create your travel reports during your visits to different touristic destinations, but also for providing other mypersonal.guide-Services to you as well as for development purposes. This may includeour employees monitoring the use of the mypersonal.guide-Services and of the data uploaded by you.
You can access the content created and stored with regard to your travel reports on the mypersonal.guide-servers by using your e-mail and password. By default, such content stored is accessible on the mypersonal.guide-website and on mobile devices by using mobile applications only for your private access. However, you may publish travel reports created on the internet by opening public access to your private tourist journals.
The disclosure of personal and other data through us to third parties (e.g. the mypersonal.guide-franchisees, hotels and businesses cooperating with mypersonal.guide-franchisees and mypersonal.guide) and the further processing by such third parties is possible. You as end user of mypersonal.guide-Services take note and hereby agree that we reserve the right to transfer data abroad. This might include the transfer of personal data to countries in which sufficient guarantees with regard to data privacy might be missing.
We (as well as the above-mentioned third parties) may use the personal information provided to contact you with newsletters, marketing or promotional material and other information that might be of interest. However, you may opt out of receiving any, or all, of this communication by following the unsubscribe link or the instructions to unsubscribe provided in any e-mail sent to you by us.
Your personal data, in particular your travel report, uploaded to mypersonal.guide-servers is stored as set forth by us from time to time, at least 5 years, unless deleted by you. Such information processed and stored as well as the modification/deletion thereof is available through the mypersonal.guide-website.
We reserve the right to make use of any data you upload to mypersonal.guide-servers for development purposes. This may include employees of mypersonal.guide monitoring use of the mypersonal.guide-Services and observing data you upload.
The application anonymously collects GPS position statistics to improve the quality of application services, such as the navigation and location service of the device, the service of selecting the optimal set of downloadable city data.
mypersonal.guide reserves the right to track and analyse your usage of the mypersonal.guide-Services.
Data Storage
You are responsible for backing up to your own computer or other device any important waypoints, tracks, photos, videos, sounds, voice comments or other content that you store or access via the mypersonal.guide-Services. We do not guarantee or warrant that any content you may store or access through the mypersonal.guide-Services will not be subject to inadvertent damage, destruction or loss.
Security
The security of your personal information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to warrant the complete security of the personal information we have collected from you.
Termination
mypersonal.guide reserves the right to modify or terminate the mypersonal.guide-Services (or any part thereof), either temporarily or permanently. You agree that we shall not be liable to you or any third party for any modification or cessation of the mypersonal.guide-Services, nor shall we be liable for any data loss as a result thereof.
Modifications
mypersonal.guide may change or otherwise modify these Terms and Conditions and this Agreement in the future at its sole discretion where it deems it necessary for legal, general regulatory and technical purposes or due to changes in the mypersonal.guide-Services provided.
We shall notify the date of revision of these Terms and Conditions and this Agreement at the bottom of this page, and any revision will take effect upon posting on our mypersonal.guide-website. Be sure to return to this page periodically to review the most current version of the Terms and Conditions and the Agreement. Your continued access or use of the mypersonal.guide-Services is confirming your acceptance of the updated or modified Terms and Conditions and Agreement.
Jurisdiction and Governing Law
These Terms and Conditions and this Agreement are governed by the substantive laws of Switzerland under exclusion of the conflict of law rules. The exclusive place of jurisdiction for all disputes that may arise in connection therewith and with the mypersonal.guide-Services is the city of Lucerne, Switzerland.
Severability
If any part of these Terms and Conditions and this Agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms and Conditions and this Agreement shall continue in effect.