General Terms and Conditions (GTCs)

General Terms and Conditions (GTCs)

The online shoe fitting platform and community ShoeSize.Me May 2018

 

1 Preamble

 

1.1 ShoeSize.Me AG, with its headquarters in Olten, Switzerland, (hereinafter: “ShoeSize.Me”) operates an online platform which allows individuals to store and maintain personal information about body dimensions (hereinafter: “ShoeSize.Me”). The information stored on ShoeSize.Me is being used by ShoeSize.Me to improve the shopping experience of the individuals by automizing the selection of footwear or other apparel based on the individual’s foot and/or other body dimensions.

 

1.2 Users can open a personal account, store and maintain their foot and shoe dimensions, other body dimensions and other information about type and size of footwear and apparel the user wishes to store and maintain. ShoeSize.Me will use this information to automize the selection of footwear and apparel the user is interested to buy in an online shop. To provide this service ShoeSize.Me will share this information with third parties.

 

1.3 The service offer of ShoeSize.Me is exclusively aimed at individuals of full age.

 

1.4 ShoeSize.Me allows access to and use of ShoeSize.Me based on these general terms and conditions (hereinafter: “GTCs”).

 

1.5 The GTCs regulate the relationship between ShoeSize.Me as the operator of the platform, registered users and third parties or partners.

 

1.6 By registering as a ShoeSize.Me user, you are accepting the following GTCs for the use of ShoeSize.Me.

 

1.7 The user may view, print and save these GTCs at any time, including after conclusion of a contract, using the “GTCs” link.

 

2 Registration

 

2.1 ShoeSize.Me is available to all interested parties. Registration is free. We reserve the right to charge a fee for additional premium services.

 

2.2 Registration is only open to individuals of full age.

2.3 To register, the user must fill out the mandatory fields on the registration form completely, correctly and truthfully. It is strictly forbidden to register a user with incorrect or otherwise unacceptable information.

 

2.4 Users are not expressly entitled to conclude a contract of use. ShoeSize.Me is entitled to refuse any registration without the need for justification.

 

2.5 By registering for ShoeSize.Me I declare that I agree that my contact details (incl. e-mail address) may be used by ShoeSize.Me. If anyone does not wish his contact information to be used in this manner, he should communicate this wish in writing within one month of registering for ShoeSize.Me.

 

3 Deleting an account

 

3.1 If a user would like to delete his ShoeSize.Me account, he may terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.

 

3.2 It is sufficient to click on the “Delete my account” button. Alternatively, the user can also cancel his membership by sending an e-mail to contact@ShoeSize.Me.

 

3.3 ShoeSize.Me may also terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.

 

3.4 Once an account is deleted successfully, all the user’s personal information is permanently deleted from the platform.

 

3.5 Contributions that the user has made publicly available via the ShoeSize.Me platform prior to leaving (e.g., in forums, within groups, etc.) shall also remain visible following successful deletion of the account – however, no name will be shown and a message will appear stating that the user who submitted the contribution is no longer registered.

 

4 General terms and conditions of use

 

4.1 As a fundamental rule, no claims can be asserted with respect to the use of the ShoeSize.Me platform. Users use ShoeSize.Me at their own risk. The user is exclusively liable for any damage sustained to his personal system arising from the use of ShoeSize.Me.

4.2 ShoeSize.Me does not provide any guarantee of the correctness of the data or information linked to on third-party websites.

 

4.3 All users are prohibited from using technical interventions (such as running scripts, hacking attempts, distribution of viruses, worms, Trojan horses, brute force attacks, etc.) to compromise the functioning of ShoeSize.Me.

 

4.4 It is also prohibited to use ShoeSize.Me to disseminate discriminatory, defamatory, racist, pornographic, violent or any other illegal data or statements.

 

4.5 The user is prohibited from using ShoeSize.Me to disseminate advertisements, political contributions, bulk mails, chain letters or competitions.

 

4.6 No information concerning other users may be collected, saved or distributed in any other way unless the user in question has provided his explicit authorisation.

 

4.7 The information and e-mail addresses of other users must not be used for commercial purposes or the sending of unsolicited advertising materials.

 

4.8 All applications exist only within the scope of the current state of the art of the technology. It may prove necessary for certain services to be subjected to temporary restrictions (capacity limits, security releases, etc.). Users will be notified of expected maintenance periods accordingly.

 

4.9 The ShoeSize.Me platform also includes links to third-party contents. These third-party contents are identified with a corresponding notice, e.g., “Advertisement” or “Presented by”. If and insofar as the conclusion of a contract is offered in connection with these third-party contents, this is then concluded exclusively with the respective responsible party identified as offering it.

 

4.10 ShoeSize.Me is entitled to supply user data to partners for the performance of their services.

 

4.11 Insofar as legal, judicial or official regulations oblige ShoeSize.Me to do so, ShoeSize.Me is entitled to supply user data.

 

4.12 ShoeSize.Me has been developed with great care. Nevertheless, all information is provided without guarantee. No liability is accepted for any disadvantages or damages arising from the information provided.

 

5 User obligations

 

5.1 The password selected during registration must be treated confidentially and not provided to third parties.

 

5.2 Users are prohibited from allowing third parties to use ShoeSize.Me with other information. Should ShoeSize.Me incur any damages arising from an account, the account holder shall be liable without restrictions.

 

5.3 Users are fundamentally obliged, in the presence of sustained evidence, to inform ShoeSize.Me immediately of any breaches of these GTCs or other misuse.

 

5.4 Users are obliged to inform ShoeSize.Me immediately if there is reason to suspect that a third party has become aware of access data and/or misused an account.

 

6 Copyrights and rights of use

 

6.1 Insofar as a user makes legally protected contents publicly available via ShoeSize.Me (text, images, videos, graphics, links, etc.), the user bears full responsibility. The user must ensure that no third-party rights (copyright, right of use, trademark rights or personal rights) are infringed upon.

 

6.2 Should third parties assert claims, the user shall be absolutely liable. ShoeSize.Me does not accept any liability. The user shall bear the full cost of any necessary legal defence in the statutory amount (court costs and legal fees).

 

6.3 In the case that third parties assert claims, the user is obliged to provide ShoeSize.Me immediately with all the information available to him that may be required for the investigation of the matter and for its defence.

 

6.4 Additional claims for damages that ShoeSize.Me has over the user shall remain unaffected.

 

6.5 ShoeSize.Me reserves the right to remove this type of contents and/or links to other contents without prior notice, if and insofar as ShoeSize.Me has specific reason to believe that making said contents publicly available constitutes a breach of statutory provisions or the GTCs.

 

6.6 All attempts to use the available contents for business, industrial or any other commercial purposes are strictly prohibited.

 

6.7 With the exception of the legally admissible cases, the contents made available via ShoeSize.Me must not be copied, distributed or made publicly accessible in any other way without the permission of the respective holder of rights.

 

6.8 The user grants ShoeSize.Me a complete right of use for the further use of the material on ShoeSize.Me.

 

6.9 The further use of any source codes by ShoeSize.Me is hereby excluded.

 

7 Sanctions in case of breaches

 

7.1 Compliance with the GTCs is essential for the correct functioning of ShoeSize.Me. Consequently, ShoeSize.Me imposes sanctions on users if it has specific reason to believe that a user has breached statutory provisions, the accepted principles of morality or the GTCs or has infringed upon third-party rights.

 

7.2 In addition, ShoeSize.Me is also entitled to remove incriminated contents from the ShoeSize.Me without prior notice.

 

7.3 When selecting the sanctions to impose, ShoeSize.Me shall take the legitimate interests of the user in question into account.

 

7.4 The following measures are available to ShoeSize.Me: deletion of a user’s contents, the issuing of a caution to a user, the temporary and permanent blocking of an account and the deletion of an account.

 

7.5 Blocked users are prohibited from reregistering with ShoeSize.Me.

 

8 Shopping

 

8.1 ShoeSize.Me includes links to selected third-party shops offering products and services. Insofar as their offer, sales and procurement do not breach statutory provisions, these GTCs are the basic principles of ShoeSize.Me.

8.2 Should any technical problems occur on the partner websites, ShoeSize.Me shall not be liable towards the user of ShoeSize.Me, the third-party provider or the purchaser.

 

8.3 If orders are placed with third parties, the GTCs of the respective supplier shall apply for the purchaser.

 

9 Data protection

 

9.1 The protection of personal information is of the utmost importance to ShoeSize.Me. ShoeSize.Me includes data protection provisions in line with the European GENERAL DATA PROTECTION REGULATION (GDPR) to inform users and visitors of how the personal information is processed.

 

9.2 The ShoeSize.Me data protection provisions are available to view and print using the “Privacy Policy” link at all times.

 

10 Future amendments

 

10.1 ShoeSize.Me reserves the right to amend the provisions of these GTCs at any time without the need for justification.

 

10.2 Users will be notified of amendments per e-mail two weeks prior to their coming into force. If the user does not object to the amendments within this period, the amendments shall be deemed to be accepted and mutually agreed upon.

 

10.3 ShoeSize.Me undertakes to inform the user specifically of the significance of this two week period in the e-mail containing notification of the amended provisions.

 

10.4 If the user objects to the application of the new GTCs within the specified period, ShoeSize.Me is authorised to terminate the contractual relationship with the user fairly with a period of notice of 14 days and to delete the account after a further 14 days have elapsed.

 

11 Final provisions

 

11.1 Should individual provisions of these GTCs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that the parties would have concluded, had they been aware of the issue at the time the contract was concluded, in order to achieve the same or at least a similar economic success. The same shall apply for any loopholes discovered in the contract.

11.2 Should individual provisions of these GTCs cease to be enforced, this shall not be taken to mean that provision in question has been tacitly repealed.

 

11.3 Should supplementary regulations prove necessary in the interest of smooth business operations, the parties shall introduce these in line with the aim of these GTCs and fair coordination of interests.

 

11.4 These GTCs and the contractual relationship between ShoeSize.Me and the user are exclusively subject to Swiss law. The legal venue is the headquarters of ShoeSize.Me AG.

 

11.5 However, this choice of law shall only apply to the user insofar as the protection granted by compulsory regulations of the country's legal system in which the consumer resides is not withdrawn.

 

ShoeSize.Me AG Industriestrasse 78 4600 Olten Switzerland 

info@shoesize.me

 

For simplicity reasons, the General Terms and Conditions always use the masculine form of words to refer to people. However, it should be understood that both sexes are always inferred unless expressly stated otherwise.

These General Terms and Conditions for the use of the ShoeSize.Me services apply for all users who have successfully registered since 25th of May 2018 in agreement with these General Terms and Conditions or, if they had already registered at an earlier point in time, from the point at which these General Terms and Conditions were agreed with.

PRIVACY POLICY

Last Updated: May 24, 2018

Your privacy is important to ShoeSize.Me. We developed this Privacy Policy to provide you with information on how we process your personal data when you create a ShoeSize.Me account, visit ShoeSize.Me or visit ShoeSize.Me apps.

“Personal data” is information relating to an identified or identifiable natural person.

 

1.     CATEGORIES OF PERSONAL DATA PROCESSED BY SHOESIZE.ME

1.1.     Personal data that is processed when you create a ShoeSize.Me account

When you create a ShoeSize.Me account and shoeshelf, we ask you to provide your email address and name and your consent that we can use the data to enhance the accuracy and performance of our data driven ShoeSize.Me services. The data will be used in pseudonymised form only. You can choose to provide only your first name or a nickname instead of your full name if you wish.

PURPOSES AND LEGAL GROUNDS:

(a) ShoeSize.Me processes your email address because you use your email address and your password to sign in to your account. The legal ground for processing your email address for this purpose is your consent which you have given when you have created the account.

 (b) ShoeSize.Me processes shoeshelf data because it helps ShoeSize.Me to improve the quality and performance of our data driven ShoeSize.Me services. The legal ground for processing this data is your consent which you have given when you have created the account.

 (c) If you provide your opt-in consent to receiving marketing information from ShoeSize.Me, ShoeSize.Me will also process your email address for the purpose of sending you marketing information about ShoeSize.Me services and apps. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent at any time by changing your preferences in your ShoeSize.Me account or through the unsubscribe link at the bottom of our marketing emails.

1.2.    PERSONAL DATA THAT IS PROCESSED WHEN YOU SIGN IN TO YOUR SHOESIZE.ME ACCOUNT WITH SOCIAL MEDIA CREDENTIALS

You may choose to sign in to your ShoeSize.Me account using your social media sign in credentials (e.g., your Facebook sign in credentials). If you choose to do this, the first time you do so you will be asked whether you agree that the social media provider may provide certain information to ShoeSize.Me, such as your name, email address and other information associated with your social media account.

All of this information is made available to ShoeSize.Me by the social media provider due to the way the social sign-on configuration works. If you do not want your information to be shared with ShoeSize.Me by the social media provider, then you can simply sign in to your ShoeSize.Me account using your ShoeSize.Me account credentials instead of your social media account credentials.

PURPOSE AND LEGAL GROUND:

ShoeSize.Me associates the email address provided by the social media provider with your ShoeSize.Me account so that you can use your email address to sign in to your ShoeSize.Me account in the future if you no longer wish to sign in using your social media account credentials. The legal ground for processing this information for this purpose is ShoeSize.Me’s legitimate interest in providing you an alternative sign in method and in securing your account.

1.3.    PERSONAL DATA THAT IS PROCESSED WHEN YOU COMMUNICATE WITH SHOESIZE.ME

When you interact with our customer support representatives via email, telephone, online or in person, we collect personal data, such as your name, mailing address, phone number, email address and contact preferences; and information about the ShoeSize.Me products you use. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support representatives, and analyze any feedback provided to us through voluntary customer surveys. With your consent, our customer support representatives may sign in to your ShoeSize.Me account, if appropriate, to help troubleshoot and resolve your issue.

PURPOSE AND LEGAL GROUND:

We use this information to provide you with customer and product support and to monitor the quality and types of customer and product support we provide to our customers. The legal ground for processing this information for these purposes is ShoeSize.Me’s legitimate interests in providing quality product support. The legal ground for signing in to your ShoeSize.Me account, if appropriate, to help troubleshoot and resolve your issue is consent, which you may withdraw.

2.     RECIPIENTS OF PERSONAL DATA

We may disclose personal data about you to others: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims. We may also transfer your personal data to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of ShoeSize.Me’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that we transfer personal data to will not be permitted to process your personal data other than as described in this Privacy Policy without providing you notice and, if required by applicable laws, obtaining your consent.

3.     TRANSFERS OF PERSONAL DATA

ShoeSize.Me is a global business. To offer our products, apps and services, we may need to transfer your personal data to other ShoeSize.Me companies in other countries. When you create a ShoeSize.Me account, add personal data in your account profile, or upload data to your ShoeSize.Me account, your personal data will be collected and stored on AWS-servers in Frankfurt, Germany.

 

All ShoeSize.Me companies are required to follow the privacy practices set forth in this Privacy Statement.

4.     COOKIES AND SIMILAR TECHNOLOGIES

Websites:

To help analyze how you and other visitors navigate ShoeSize.Me websites, use Shoesize.Me PlugIns, and compile aggregate statistics about site usage and response rates, we, with assistance from third-party analytics service providers, collect certain information when you visit our site. This information includes IP address, geographic location of the device, browser type, browser language, date and time of your request, time(s) of your visit(s), page views and page elements (e.g., links) that you click. We may use cookies, pixel tags, web beacons, clear GIFs or other similar tools on our site or in our email messages to assist us in collecting and analyzing such information. We use this information to provide better, more relevant content on our site, to measure the effectiveness of advertisements, to identify and fix problems, and to improve your overall experience on our site. We may also engage one or more third-party service providers to provide online advertisements on our behalf. They may use a pixel tag or other similar technology to collect information about your visits to sites, and they may use that information to send you targeted advertisements.

If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.

If you reside in the European Union or other jurisdiction that requires us to obtain your consent to use cookies on our sites, then you will have an opportunity to manage your cookie preferences on the sites.

ShoeSize.Me uses Google™ Analytics, a web analytics service provided by Google Inc. ('Google'). Google Analytics uses 'cookies', text files that are stored on your computer, to help analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other with website and internet related services. Google may also transfer this information to third parties unless required by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, we point out that you may not be able to use all features of this website in this case. By using this site, you agree to the processing of data about you by Google in the manner described above and for the aforementioned purpose. The Opt-out Add-on for browser from Google Analytics gives website visitors more control over what data is collected to sites visited by Google Analytics. If you do not want to store your data, please install the system provided by Google De-activation tool http://tools.google.com/dlpage/gaoptout?hl=en.

For more information, see http://tools.google.com/dlpage/gaoptout?hl=de or https://www.google.de/intl/de/policies/ (general information about Google Analytics and Data Protection). We point out that on this website uses the Google Analytics code 'gat._anonymizeIp ();' to ensure an anonymous collection of IP addresses (called IP masking).

As an alternative to the browser add-on, or for browsers on mobile devices, you can click this link disable Google Analytics in order to avoid detection by Google Analytics on this website in the future (the opt-out only works in the browser, and only for that domain). Here, an opt-out cookie is stored on your device. Clear your cookies in the browser, you need to click this link again.

The legal ground for processing this analytical information is our legitimate interest in understanding how our customers use our services so we can enhance the user experience and functionality of our services.

 

5.     CHILDREN

We request individuals under 16 not provide personal data to ShoeSize.Me. If we learn that we have collected the personal data from a child under 16, we will take steps to delete the information as soon as possible.

6.     PRIVACY POLICY UPDATES

We may update this Privacy Policy from time to time as we add new products and services, as we improve our current offerings and as technologies and laws change. You can determine when this Privacy Policy was last revised by referring to the “Last updated” legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Policy.

We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the ShoeSize.Me websites and apps that link to this Privacy Policy.

7.     RETENTION OF PERSONAL DATA

We will retain your personal data as long as your ShoeSize.Me account is considered to be active. In addition, see below under “Your Rights” for a description of your right of erasure.

8.     DATA CONTROLLER AND DATA PROTECTION OFFICER

Your personal data collected by ShoeSize.Me is controlled by ShoeSize.Me AG, Industriestrasse 78, CH-4600 Olten, Switzerland. ShoeSize.Me’s EU Data Protection Officer can be reached by email at privacy@ShoeSize.Me.

9.     YOUR RIGHTS

You have the right under the General Data Protection Regulation to request from ShoeSize.Me access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority.

If you wish to exercise your right to rectification, portability or erasure of your personal data, or to delete your ShoeSize.Me account, please send an email to contact@shoesize.me

 

If you wish to exercise your right to restriction of processing or your right to object to processing, please send an email to contact@shoesize.me .