InnoSparker Terms of Use
Scope of services
The service offered is a digital measurement and evaluation instrument which does not constitute a medical service or psychological counselling.
Confidentiality and non-use obligation
The respondent undertakes to treat the questionnaire and all related information as strictly confidential and to not disclose it to third parties. The respondent must take all necessary or appropriate measures to ensure compliance with this confidentiality obligation. The respondent agrees not to commercialise the questionnaire and all related information in any manner whatsoever. Both obligations shall not apply if the questionnaire and all other related information are already known or available to the general public or at least the respondent was already familiar with the questionnaire and all related information. In all the aforementioned cases, the burden of proof lies with the respondent.
We will be processing personal data of the respondent. “Personal data” refers to all information provided by the respondent in his reply to this questionnaire, as well as his contact details. Personal data will be processed exclusively for the purpose of delivering the services for the respondent, and will not be made available to third parties pursuing their own purposes or disclosed in any other manner, unless this is done in an aggregated form.
Use of Customer Logo (for Corporate Buyers)
By purchasing the usage(s) of an UP’N’CHANGE tool, the buyer agrees that UP’N’CHANGE may use the buyer’s valid corporate logo for reference and marketing purposes on the www.upnchange.com website and in sales materials, in its current version at the time of purchase.
Breach of the Agreement
For each breach of this agreement, the respondent shall be liable to pay a contractual penalty in the amount of 1,000 euros to UP’N’CHANGE GmbH, and such payment shall not justify a continuation of the breach. UP’N’CHANGE GmbH reserves the right to assert additional claims for the damage suffered.
Term
All rights and obligations hereunder shall apply for an indefinite period.
Final provisions
This contract is governed by and construed in accordance with Austrian law, to the exclusion of conflict-of-law rules. All disputes arising out of or in connection with this agreement shall be exclusively referred to the commercial court having subject-matter jurisdiction for the First Vienna District. There are no ancillary agreements. Amendments of and modifications to this agreement shall be made in writing; this shall also apply to any waiver of this written form requirement. Should one of these terms be or become invalid, this shall not affect the validity of the remaining terms hereof. Invalid terms must be replaced by valid terms that closest reflect the commercial purpose of this agreement.
Data protection information according to Article 13 and 14 EU GDPR
Which personal data will be processed?
It is possible that you contact us yourself and we collect the data directly from you (see information acc. to Article 13 GDPR) or that your employer has placed an order with us as customer on behalf of his employees (see information acc. to Article 14) GDPR). In this case, a contractual relationship exists either directly with you or with your employer and we receive your contact details indirectly from him as customer.
Information acc. to Article 13 GDPR
1. Who is responsible for the processing of data and whom can I contact?
Controller:
UP’N’CHANGE GmbH
Obere Donaustraße 15A/1/1
1020 Vienna
[email protected]
2. What are we processing your data for (purpose of processing) and on which legal basis?
(1) On the basis of a consent (Art.6, para.1(a) EU GDPR)
Provided that we were given consent for the processing of personal data for certain purposes, the lawfulness of this processing shall be based on this consent. A consent once granted may be revoked any time. The withdrawal of consent shall not affect the lawfulness of the data processed on the basis of that consent before its withdrawal.
(2) In order to take steps prior to entering into a contract (Art. 6 para. 1(b) EU GDPR)
For the purpose of creating your profile, the information provided by you is required to draw up a proper expert opinion.
3. To whom will the data be transferred?
The individual data will only be processed internally and will not be forwarded to third parties. The individual results of the questionnaire will be forwarded exclusively to the individual user.
4. How long will the personal data be stored?
The data will be stored throughout the term of the valid contractual relationship and, beyond that, until the end of the statutory retention and limitation periods.
In case you have given us your consent to contact you, you may withdraw your consent any time and, in this case, your data will be anonymised or deleted, and you will no longer be receiving any mailings.
5. Which data privacy rights apply?
You shall have the right to access information about the processing of your personal data, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to withdrawal and objection (Art. 15 to 21 EU GDPR). As regards the exercise of your rights, please contact: [email protected].
You may also file a complaint with the respective data protection supervisory authority. The responsible authority in Austria is the Österreichische Datenschutzbehörde.
6. Is there an obligation to provide data?
As part of the processing of the questionnaire of InnoSparker, you must only provide those personal data which are required for the implementation of the same, so that we can properly evaluate the results. We will not be able to implement the questionnaire without these data.
Information acc. to Article 14 GDPR
1. Who is responsible for the processing of data and whom can I contact?
Controller:
UP’N’CHANGE GmbH
Obere Donaustraße 15A/1/1
1020 Vienna
[email protected]
2. Which personal data will be processed?
You receive this information in accordance with Article 14 GDPR because your employer has sent us your contact details so that we can grant you access to our service.
We will process the following data about you:
- First name, last name
- E-mail address
Your data will be processed on the basis of the contract, i.e. data will be stored in order to be able to offer you our services.
Your individual data will not be forwarded to third parties. In the case of a corporate customer, your employer will not receive any information about any entries you have made.
3. Which rights of data subjects apply?
You shall have the right to access information about the processing of your personal data, the right to rectification, the right to erasure, the right to restriction of processing, as well as the right to data portability and the right to withdrawal and objection (Art. 15 to 21 EU GDPR). As regards the exercise of your rights, please contact: [email protected].
You may also file a complaint with the respective data protection supervisory authority. The responsible authority in Austria is the Österreichische Datenschutzbehörde.
