General Terms and Conditions

1. Scope of application

These General Terms and Conditions (“GTC”) apply to the entire business area of PAN AG and its subsidiaries (hereinafter “Company”). The Company provides services and sells products in the area of information and software technology and data protection in order to protect the personal data and privacy of its customers and to enable them to control the use of their personal data and to decide in what form and under what conditions their personal data will be used by companies. If customers wish to share their personal data with companies, the company will process, analyse and market their personal data and will broker and license it to companies on behalf of its customers. The company offers two solutions for this purpose. The “Privacy Assistant” solution (this is offered exclusively for B2C private customers) and the “Data Marketplace” solution as a platform (this is offered for B2C private and B2B business customers). The private customer can obtain both solutions via our app or our website.

2. Conclusion of contract

The conclusion of the contract is concluded by the acceptance of the Company’s offer regarding the purchase of products/services by the Customer. In any event, the agreement shall be concluded when the Customer makes use of the products/services offered by the Company and/or orders or directly purchases products/services via the Company’s website or also downloads the App from the App Store of e.g. Apple and Google.

2.1 Privacy Assistant

With the Privacy Assistant solution (private B2C customers), customers do not buy the product once, but select the product and then pay for a certain period at the beginning of the period (e.g. monthly, quarterly, annually). The billing for this is done by the respective app provider.

2.2 Data Marketplace Platform

Private customers who use the Data Marketplace platform receive payment for licensing their data to companies via the platform. Of the licensing fees, 15% is then transferred to the company. Private customers therefore do not pay any purchase price when signing the contract, but assign a part of the licensing fees due to them to the company.

3. Prices

Unless otherwise stated (e.g. other currency information in the App Store or on our website), all prices are in Swiss Francs (CHF). The prices for products and services to private customers include any applicable value added tax (VAT). The prices for products and services to business customers are exclusive of any applicable value added tax (VAT). The Company reserves the right to change the prices at any time. The prices in force at the time of the conclusion of the Agreement shall apply as shown on the App Store, on the Company’s website.

4. Payment

The company offers private customers the following payment options: credit card, PayPal, Apple Pay, Google Pay. For business customers the company offers the following payment options: Invoice, prepayment, deposit (for large orders, the Company may require the Customer to pay a deposit). The following provisions apply to business customers only: The Customer is obliged to pay the invoiced amount within 30 (thirty) days of the invoice date. If the invoice is not paid within the aforementioned payment period, the Customer will be sent a reminder. If the Customer does not pay the invoice within the set reminder period, he will automatically be in default. From the time of default, the Customer shall owe default interest in the amount of 5% (five percent). Offsetting of the invoiced amount against a possible claim of the Customer against the Company is not permitted. The Company shall be entitled to refuse delivery or provision of services in the event of default in payment.

5. Age limit

By accepting these Terms and Conditions, the Customer confirms that he/she meets the required age limit of 16 years to receive the products and services offered by the Company.

6. Obligations of the company

6.1 Delivery / Delivery dates

Delivery for business customers will take place within 30 (thirty) working days after receipt of the order. If delivery on time is not possible, the Customer will be informed by the Company within 5 (five) working days of receipt of the order and the new delivery date will be communicated. Private customers will receive the product/service from the time the download of the App from the App Store is completed or, in the case of our website, from the time the Customer’s payment is received.

6.2 Service provision

Unless otherwise agreed, the Company shall fulfil its obligations by providing the agreed service.

6.3 Auxiliary persons

The parties have the express right to call in auxiliary persons to carry out their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective employment agreements.

7. Duties of the customer

The Customer is obliged to take all the necessary precautions to ensure that the Company provides the Service without delay. The Client must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances this may include the provision of appropriate information and documentation to the Company. The Company is, inter alia, the provider of an online platform. By accepting these GTCs, the Client also confirms that he has unlimited capacity to act and that the age limit of 16 years has been observed. By registering, the Customer expressly declares that all information provided is true. The Customer is fully responsible for the secure storage of his access data and passwords. The Customer is solely responsible for the content of the uploaded data. He guarantees in particular the legality, correctness and topicality of this data. Any uploading or publication of protected, illegal or offensive material including plagiarism is strictly prohibited and the Company declines all liability. The Customer may only offer those products on the Company’s internet platform of which he is authorised to dispose and they must be free of any legal claims of third parties. The Customer may not make any false, misleading or unfair statements regarding the uploaded content. There is no entitlement for the Company to use or license the data provided by the Customer to business customers or to earn income from it. The Company is free to reject a Customer without giving any particular reason and to delete the published offer or account or not to publish the offer. Any amounts already paid will not be refunded to the Customer in this case. The Company is entitled to monitor the behaviour of the Customer in connection with the use of the internet platform. In particular, the Company is entitled to check the legality of content made available by the Customer on the online platform at any time. The Customer shall be liable to the Company, its organs, employees and auxiliary persons for all damage caused in connection with the use of the Internet platform, irrespective of fault. The Customer shall indemnify them against any claims by third parties and bear the costs incurred.

8. Return

An return of products is generally excluded.

9. Warranty

The statutory warranty provisions apply. The company guarantees the above for a maximum period of 24 (twenty-four) months. The Company guarantees to perform the agreed services in a quality customary in the industry.

10. Liability

Liability for any indirect damage and consequential damage caused by defects is excluded in full. Liability for direct damages is excluded for private customers and limited to the contract amount for business customers. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damages to the company immediately. Any liability for auxiliary persons is completely excluded.

11. Intellectual property rights

The statutory warranty provisions apply. The company guarantees the above for a maximum period of 24 (twenty-four) months. The Company guarantees to perform the agreed services in a quality customary in the industry.

12. Data protection

The Company may process and use the data recorded within the scope of the conclusion of the contract in order to fulfil its obligations under the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Customer agrees in full to the storage and contractual use of its data by the Company and is aware that the Company is obliged and entitled by order of courts or authorities to disclose information from the Customer to these or third parties. The Company will only use the Customer’s data for marketing purposes if the Customer has expressly consented to this. The data necessary for the performance of services and for marketing purposes may also be passed on to commissioned service partners or other third parties. Furthermore, the data protection regulations apply.

13. Changes

These general terms and conditions can be changed by the company at any time. The new version will come into force 30 (thirty) days after it is posted on the website (www.mypan.eu) by the Company. The version of the General Terms and Conditions which is in force at the time of the conclusion of the contract shall apply to the Customer. Unless the Customer has agreed to a newer version of the GTC.

15. Priority

These General Terms and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC shall take precedence over these GTC.

16. Severability clause

Should a provision of this contract or an enclosure of this contract be or become invalid, the validity of the contract as a whole shall not be affected. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.

17. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force after the termination of the contract.

18. Force majeure

If the company, its suppliers or third parties called in as a result of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, tempests, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or other acts of God, the company will not be able to fulfil its obligations in due time. In the event that it is impossible for the Company to fulfil its obligations due to reactor damage, interruption of the internet and telecommunication lines, labour disputes, official orders, court decisions, pandemics/epidemics, restrictive laws and regulations and power failures, the Company shall be released from the fulfilment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 180 (one hundred and eighty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full any payments already made. Any further claims, in particular claims for damages due to vis major are excluded.

19. Agents and sales partners

The Customer acknowledges that any distributors or agents work independently and therefore independently of the Company and that any potential claims must be made directly against them. The Company shall not be liable in any way for breaches of contract by any agents or distributors.

20. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Insofar as no mandatory legal provisions apply, the court at the company’s registered office shall have jurisdiction. The Company is free to bring an action at the defendant’s domicile. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded

We are looking for feedback and ideas to improve our app​

-
Register now for beta testing in February 2021

We appreciate your interest in becoming a beta tester of our app.  Please enter your e-mail below and we will send you a link to download the test version of the app in February 2021.

Thank you already now

By clicking on “Register” you accept to receive information on the beta testing and our newsletter and also accept our terms and conditions and take note of our privacy policy.

Nous sommes à la recherche de commentaires et d'idées pour améliorer notre application

-
Inscrivez-vous dès maintenant pour le test bêta en février 2021

Nous apprécions votre intérêt à devenir un bêta-testeur de notre application. Veuillez entrer votre adresse e-mail ci-dessous et nous vous enverrons un lien pour télécharger la version test de l’application en février 2021.

Merci d’ores et déjà.

En cliquant sur “S’inscrire”, vous acceptez de recevoir des informations sur le bêta test et notre newsletter et vous acceptez également nos termes et conditions et prenez note de notre politique de confidentialité.