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AustrianStartups Community Website Terms of Use
Updated version: <19/12/24>
The Community Website Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).
By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.
These Terms of Service are permanently available at austrianstartups.com/page/terms-of-use.
Please review these Terms of Service carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.
Legal notice
The Service is provided by “AustrianStartups” - Verein zur Förderung von Entrepreneurship in Österreich:
Registered office: Lindengasse 56, 1070 Vienna, Austria
Gemeinnütziger Verein, ZVR-Zahl: 822376517
E-mail: [email protected]
Publication Director: Markus Raunig, Executive Chairman of the Board
Hosting:
Google Cloud Platform
Company located at Gordon House, 4 Barrow St, Dublin, Ireland
Registered in the Dublin Trade and Companies Register under the number: 752925594
Phone number: +353 1 436 1000
Definitions
Community Website: the online platform named AustrianStartups, edited by Hivebrite and provided by “AustrianStartups” - Verein zur Förderung von Entrepreneurship in Österreich allowing User to benefit from the Service.
Data Protection Law: means
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and Austrian data protection laws as per Bundesgesetz zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten (Datenschutzgesetz – DSG) StF: BGBl. I Nr. 165/1999 with al its later amendments and changes.
User Account: means a dedicated online account opened by any visitor and providing an access to the Service.
Identifiers: means login and password or social login the User used to create the User Account.
Party or Parties: means the User and AustrianStartups designated either individually or collectively.
Service: means the Community Website and all the functionalities provided thereto and described in the Terms and Conditions.
Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available during the Service.
User or Users: means any person authorized by AustrianStartups to access and use of the Service after creation of a User Account.
User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.
Term
The Terms of Service will come into effect on first access to the Service for the entire duration of use.
Description of the Service
The Service enables Users to connect with each other, build communities, or also do networking.
The Service comprises a suite of online services provided by AustrianStartups, allowing the User to:
Connect with people of in the community, groups and businesses the User is interested in:
Communicate with others by sharing content such as status, photos, videos, sending private messages, as well as creating events, groups, or projects.
Ensure the safety and integrity of the Community Website with a reporting tool allowing the Users to signal contents and other Users.
Participate in fundraising events organized by AustrianStartups;
Share job offers or apply to job offers published in the Community Website;
Stay up to date with news about your community organizations and activities in the Community Website:
These Terms of Service govern the use of each component of the Service.
Access to the Service
Access to the Service shall be subject to the creation of a User Account.
The Service is available on the website austrianstartups.com or the mobile app AustrianStartups that can be downloaded through the Apple App Store and Google Play Store.
Requirements for the access to the Service
The User must ensure to has (the “User’s System”):
Users shall bear all the costs for accessing the Service.
Creation of the User Account
This shall require the entering of personal identification data through the online registration form accessible at the following address: austrianstartups.com/signup.
Option 1: The User shall enter user identification data such as name, surname, allocated user ID and email and is invited to choose its Identifiers.
Option 2: The User can create a User Account by connecting through his or her Facebook/LinkedIn/Google account or his or her SSO account.
The User agrees to provide only accurate and complete information when creating or updating his/her account information.
Access modalities
In order to benefit from the Services, the User must log-in and insert the Identifiers or log in with the Facebook/LinkedIn/Google account or log in with the SSO account the User used to create the User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.
The User’s login can only be changed at the request of the User or at the initiative of AustrianStartups. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets her/his password, the User can generate a new one by clicking on the link “Reset my password” available on austrianstartups.com/users/password/new.
The User is solely responsible for the activity that occurs on its User Account and will be responsible to keep its Identifiers secure and for the use of his Identifiers by third-parties or for any actions or declarations made through his User Account, whether fraudulent or not, and guarantees AustrianStartups against any request in this respect.
If the User has reason to believe that a person is fraudulently using identification elements or his User Account, she or he must immediately inform AustrianStartups by e-mail at the following address, [email protected].
The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify AustrianStartups.
Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
Cost of the Service
The Service is generally available for free of charge, with the exception of paid membership options, granting additional access and benefits, and paid events; and excluding any connection costs, whose price depends on your electronic communication service provider.
Intellectual property
Company’s ownership
The Service and the Service Content belong and shall remain the property of AustrianStartups or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.
The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.
Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of AustrianStartups. Any use of these Service Content not expressly authorized by AustrianStartups shall constitute a violation of the Terms of Use and a violation of intellectual property rights.
Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of AustrianStartups or any of its schools or subdivisions for any purpose except with AustrianStartups’ prior written approval and in accordance with any restrictions required by AustrianStartups. These are the property of AustrianStartups or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.
AustrianStartups is the producer of databases on the Community Website and AustrianStartups is the owner of any databases made available. The User shall not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.
User’s right of use
AustrianStartups grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Community Website on devices that User owns or controls and as permitted by the App Store and Play Store terms of service. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of AustrianStartups.
In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:
User’s undertakings
The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. AustrianStartups does not claim ownership of the User Content.
The User holds AustrianStartups harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content.
By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.
User warrants to be at least 18 years of age or older or an emancipated minor, or possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use. If the User is under the age of 18 years, the User must obtain verifiable consent from a parent or legal guardian. The parent or legal guardian shall be able to provide consent to her or his child’s use of the Service and agree to be bound by these Terms of Use in respect to her or his child’s use of the Service.
Persons aged 13 years old or less are not authorized to access the Service.
User’s rules of conduct
Generally, the User is committed to use the Services in accordance with Community Guidelines made available to the User in the Welcome section and in the footer of the Community sites.
User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”) via the Service.
User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service.
User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by AustrianStartups (or any individual officer or employee of AustrianStartups); (3) use that can be confused with official communications of AustrianStartups or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.
Reporting and moderation
In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report as offensive” feature found under each post.
AustrianStartups has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. AustrianStartups has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.
The knowledge of such content is deemed effective when the hosting provider is notified of following:
If a User Content is reported, AustrianStartups reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2.
Termination, suspension, or revocation of access
Deletion of the User Account by the User
At any time, the User may delete its User Account by contacting AustrianStartups at the address or email address mentioned in Article 15.
Deletion is effective immediately and all the data collected upon the subscription as well as the content published by the User on the Community Website is deleted after a period of 14 days.
Suspension or termination of the User Account by AustrianStartups in case of breach of the Terms of Use
AustrianStartups retains the right to suspend User’s access to the Service to make all investigations necessary following a report made pursuant to Article 10 or in case of presumed breach of Terms of Use which may be remediated. The User whose User Account is suspended will be informed by AustrianStartups of such a decision by email. The User has the possibility send an email to AustrianStartups to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remediated. If the violation of Terms of Use is not remedied within one (1) month from suspension notification, AustrianStartups reserves the right to terminate the applicable User’s Account and right to use the Service, in addition to any other rights or remedies available.
Deletion of inactive User Account
AustrianStartups will delete inactive accounts after a continuous period of two (2) years the User has not used the Community Website. The User will be informed by email of the deletion of his or her account subject to prior notice of two (2)weeks allowing the User to object to such deletion.
Privacy; Confidentiality
By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by AustrianStartups, in compliance with the AustrianStartups Privacy Policy and the Cookie Policy, (collectively, “Privacy Policies”).
AustrianStartups will treat User Content as confidential information in accordance in accordance with these Terms of Use and the Privacy Policies.
Limitation of Warranty and Liability; Indemnification.
AustrianStartups is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.
AustrianStartups shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.
Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.
The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances AustrianStartups accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.
The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and AustrianStartups. AustrianStartups will have no responsibility or liability in connection with the User Content.
AustrianStartups expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Services.
Hypertext links
The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. AustrianStartups does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.
If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.
Contact
For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at [email protected]
The User can use these contact details for any technical support request.
Miscellaneous
Governing Law and jurisdiction. These Terms of Use, will be governed by the laws in Austria without regard to its conflicts of laws principles.
The User is informed, as consumer, of the possibility to use a conventional mediation procedure or any other alternative dispute resolution method. In particular, the User may refer the matter to the Consumer Ombudsman to be directed to with an inquiry via [email protected].
The User can submit a dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.
Change of Terms of Use. These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11.
Change of the Service. AustrianStartups may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.
Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and <customer name> with respect to the subject matter hereof.
Convention of proof. Electronic documents exchanged by electronic means between the User and AustrianStartups shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.
Force majeure. In no case AustrianStartups may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence
AustrianStartups – Privacy Policy
This Privacy Policy is edited by “AustrianStartups” - Verein zur Förderung von Entrepreneurship in Österreich, a "gemeinnütziger Verein" having its registered office at Lindengasse 56, 1070 Vienna, Austria and registered with under ZVR-Zahl: 822376517.
The Data Controller offers a platform to connect and inform the Austrian startup ecosystem and beyond (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address: austrianstartups.com.
The Data Controller uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, the Data Controller collects and processes User’s personal data in accordance with the Privacy and Cookie policy.
The Data Controller is particularly aware and sensitive with regards to the respect of its Users privacy and personal data protection. The Data Controller commits to ensure the compliance of the processing it carries out as data controller in accordance with the Data Protection Law.
Data Protection Law is the Austrian data protection laws as per Bundesgesetz zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten (Datenschutzgesetz – DSG) StF: BGBl. I Nr. 165/1999 with all its later amendments and changes and the EU Regulation n°2016/679 regarding data protection dated April 27, 2016 named General Data Protection Regulation or “GDPR”.
The Data Controller has put in place an appropriate privacy and cookie policy to be fully transparent on how the personal data of Users are processed within the use of the Platform and services provided.
This privacy policy is intended for the Users of the Platform of the Data Controller.
Data Controller has appointed a Data Protection Officer (hereinafter “DPO”) you may contact at the following address: Adrian Zettl, [email protected]
Date of last update: [19/12/23].
COLLECTED PERSONAL DATA
1.1 When subscribing on the Platform
When subscribing to the Platform, the User is informed that its following personal data is collected for the purpose of creating a user account:
Mandatory data
Optional data:
The User is informed that it is not possible to access the Platform without providing the mandatory data strictly necessary to create an account and authenticate the User.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company:
The User is aware that when using the Platform, the User may decide to provide « sensitive data » within the meaning of Data Protection Law, for example, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, concerning sexual orientation, etc. By providing such sensitive data, the User agrees to their processing by the Platform in the conditions set forth in this Privacy Policy.
THE PURPOSE OF THE DATA PROCESSING
The Data Controller and its subcontractors process personal data that are freely transferred by the User when accessing the services proposed by the Platform for the following purpose:
Sending invitations for events organized by Data Controller or other Users, if the User has accepted to receive such invitations;
Sending offers [jobs / commercial offers – if applicable] from the Data Controller or its partners if the User has accepted to receive such offers.
Invite the User to events organized by the Platform
Sending email prospect campaigns in the Name of AustrianStartups and/or its commercial partners
Sending newsletters in the Name of AustrianStartups and/or its commercial partners
to improve the quality of the services proposed by the Platform;
improve the usage functionalities of the Platform;
DATA RETENTION PERIOD
The Data Controller informs the User that the personal data related to the User Account is retained only during the length of the User’s subscription on the Platform.
Following the termination of said subscription, the data collected upon the subscription as well as the content published by the User on the Platform shall be deleted after a period of 30 days.
DATA TRANSFERS
The Users’ data are stored in the European Economic Area (EEA) by the Data Controller, it's subsidiaries and its trusted service providers. However, depending on the processing, the Users’ data may also be transferred in a country outside the EEA, to our trusted service providers and/or subsidiaries.
When transferring data outside the EEA, the Data Controller ensures that the data are transferred in a secured manner and with respect to the Data Protection Law. When the country where the data are transferred does not have a protection comparable to that of the EU, the Data Controller uses “appropriate or suitable safeguards”.
When the service providers to whom personal data are transferred, are located in the United States, these transfers are governed by the standard data protection clauses adopted by the Commission.
Users can access such safeguards by contacting the DPO at the following address: [email protected].
COMMITMENT OF THE DATA CONTROLLER
The Data Controller commits to process User’s personal data in compliance the Data Protection Law and undertake to, notably, respect the following principles:
Process User’s personal data lawfully, fairly, and in a transparent manner;
Only collect and process the Users’ data for the strict purpose as described under article 2 of the present privacy policy;
Ensure that the personal data processed are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
Do the best efforts to ensure that the personal data processed are accurate and, if necessary, kept up to date and take all reasonable steps to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Keep personal User’s data for no longer than is necessary for the purposes for which they are processed;
Put in place all necessary technical and organizational appropriate measures in order to ensure the security, confidentiality, integrity, availability and the resilience of the process systems and services;
Limit the access to the Users’ data to the persons duly authorized to this effect;
Guarantee to the Users their rights under the Data Protection Law in relation to the processing of their data and make the best efforts to satisfy any request, where this is possible.
EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, depending on the legal basis of the processing, a right to access, to rectification, to erasure, to restriction of processing, to data portability, and to object.
When processing is based on User’s consent, the right to withdraw consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
The User can exercise its rights by sending an email to the following address [email protected] provided that the User justifies his/her identity.
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can lodge a complaint before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
COOKIES
The Data Controller informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform subject to the conditions described in the Data Controller Cookie Policy.
RECIPIENT AND PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA
Only authorized persons working for the Data Controller and, in some cases, its subsidiaries, can access your personal data. The Data Controller makes its best effort to ensure that these groups of people remain as small as possible and maintain the confidentiality and security of User’s personal data.
The Data Controller also uses trusted service providers to carry out a set of operations on his behalf for hosting and payment services. The Data Controller can also use service providers in the tech industry, editors of specific tools integrated in the Platform for technical purposes.
The Data Controller only provides service providers with the information they need to perform the service and ask them not to use your personal data for any other purpose. The Data Controller does his best to ensure that all these trusted service providers only process the personal data on our documented instructions and provide sufficient guarantees, in particular in terms of confidentiality, expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of the applicable legislation, including for the security of processing.
The Data Controller may be required to disclose or share your personal data to comply with a legal obligation, or to enforce or apply our terms of use/sale or any other conditions you have accepted; or to protect the rights, safety or property of [Name of Customer], its customers or employees.
List of the main service providers:
KIT UNITED - HIVEBRITE SOLUTION
44 rue la fayette
75009 Paris
France
https://hivebrite.com/privacy-policy
Stripe - Payment Service
510 Townsend Street
San Francisco
CA 94103, USA
https://stripe.com/fr/privacy
Paypal - Payment Service
21 rue Banque
75002 Paris
France
https://www.paypal.com/us/webapps/mpp/ua/privacy-full
Google Cloud Platform - Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups
Gordon House, 4 Barrow St,
Dublin, Ireland
https://cloud.google.com/security/privacy/
Amazon AWS
38 avenue John F. Kennedy,
L-1855, Luxembourg
https://aws.amazon.com/compliance/gdpr-center/
Sentry - Production and storage of error logs enabling our developers to correct the code
132 Hawthorne Street San Francisco,
CA 94107
USA
https://sentry.io/privacy/
Sendgrid - Sending of emails from the Platform
375 Beale Street, Suite 300,
San Francisco, CA 94105
USA
https://api.sendgrid.com/privacy.html
Hivebrite, Inc. - Customer support for the Platform
16 Nassau St,
New York, NY 10038,
USA
https://hivebrite.com/privacy-policy
