Terms of Service - DAYCATCHER

DAYCATCHER Terms Of Service (“Terms”)

Terms of Service Version 1.0 (01. September 2018)

DAYCATCHER’s mission is to inspire and support the 50+ generations to stay physically and mentally active as well as socially connected. It helps people build resilience for and find everyday meaning in the second half of life. Central to this mission is our commitment to be transparent with you about the data we collect about you and how it is used and shared.

These Terms of Service (“Terms”) govern your access to and use of DAYCATCHER services, including our DAYCATCHER application, website, notifications and emails that link to these Terms (collectively, the “DAYCATCHER Services” or “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). DAYCATCHER is provided and maintained by DAYCATCHER GmbH with its registered domicile at Ormisstrasse 85, 8706 Meilen, Switzerland, company registration no. CHE460.720.784 (“DAYCATCHER” or “we”).

Please read the Terms of Service carefully. They are important!

By using our Services, you consent to our use of your data as well as agree to adhere to the following documents:

DAYCATCHER Privacy Policy
DAYCATCHER Terms of Use
Community Guidelines

Can the Terms of Service change?

We reserve the right to modify, change and amend these Terms and all related policies such as the Privacy Policy, the Terms of Use and the Community Guidelines. We also reserve the right to impose new or additional terms or conditions on you at any time in its sole discretion.

We may modify the DAYCATCHER Terms of Service, and if we make material changes to it, we will provide notice through DAYCATCHER, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may remove your account. Your continued use of our services after we publish or send a notice about our changes to the Terms of Service means that you are consenting to the updated Terms.

What is the applicable lay and jurisdiction?

These Terms of Service including the Privacy Policy, the Terms of Use and Community Guidelines constitute the agreement between you and us, and govern your use of DAYCATCHER. These Terms shall be subject to the laws of Switzerland. All disputes that may arise regarding these Terms shall be exclusively determined by the courts at DAYCATCHER’s registered domicile.

How to contact us?

If you have any questions or concerns about The terms of Services in general, our Terms of Use, Community Guidelines or specifically about (a) access to Personal Data; (b) the processing of Personal Data; (c) to whom your Personal Data is disclosed, you may contact us by regular mail, email to [email protected] or our webforms.

We will attempt to respond to your questions or concerns promptly after we receive them.

Privacy Policy – Your Privacy Matters

This Privacy Policy (“Policy”) describes the personal data processing practices in connection with your access to and use of the web-based platform DAYCATCHER available at www.daycatcher.com or any other URL as DAYCATCHER may designate from time to time.

What Personal Data do we process?

DAYCATCHER Account

To create an account you provide mandatory data including your chosen DAYCATCHER name, email address, an encrypted password if not using social logins and if you register for a full membership, you will be asked you for payment (e.g., credit card) details and billing information.

DAYCATCHER Profile

You have choices about the information on your profile, such as name of your journal, your biography, your profile image, country of residence, applicable time zone, and preferences regarding language, sharing your content or keeping your profile closed as well as notifications and communication channels.

DAYCATCHER Status

We will store member status information such as membership type and duration and accepted Terms.

DAYCATCHER Activities

We collect data from you when you use DAYCATCHER by browsing, commenting, giving nuggets, creating journal entries and creating / participating in quests. It will include usage information such as date, time, duration and frequency as well as how you navigate through DAYCATCHER, the number and duration of page visits, clicks, interactions and searches.

In many instances (eg when using mobile devices) we also receive and log data from your devices and networks, including location data. We will certainly honor your settings.

We do this to improve your experience as well as to make DAYCATCHER a better platform for all users.

DAYCATCHER Communication

We will store communication information (status, content, actions taken) when you write to us via forms, mails or any other communication channel.

For which purpose do we process your data?

When we refer to the “processing” of personal data, we mean any handling of personal data – for example: collecting, managing, storing, using, transferring, disclosing, deleting and accessing, etc.

We use the data that we have about you to provide, support, personalize and make DAYCATCHER more relevant and useful to you and others.

We may process the Personal Data for the purpose of:

Personalizing DAYCATCHER and the content to match your member type, preferences and interests
Managing our relationship with you (establishing the contact, allowing interactions and answering your requests and questions)
User authentication and administration
Allowing you to create and updating your account
Tracking for understanding DAYCATCHER usage and user behavior on DAYCATCHER
Aggregating, anonymizing or otherwise creating non-personal information from personal data
Keeping DAYCATCHER and our infrastructure secure
Server maintenance, troubleshooting, data analysis, testing, research and service improvement
Operating, improving and developing new features and functionalities, improving user experience and enhancing user friendliness of DAYCATCHER
Verifying and ensuring compliance with applicable laws and regulations as well as the Terms of Use
Preventing misuse of DAYCATCHER (security, fraud prevention and investigations) and complying with applicable laws and regulations or requests by competent courts and authorities.

We may disclose your Personal Data to third-party service providers as well as DAYCATCHER affiliates (“Service Providers”) for obtaining professional, technical or organizational services that are functional to achieving the purposes set out herein. They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated to not to disclose or use it for other purposes.

We may also disclose your Personal Data governmental and law enforcement authorities as well as courts inside and outside your country if we consider it necessary or appropriate to do so:

For verifying and ensuring compliance with applicable laws and regulations as well as the Terms of Use;
In the case of judicial proceedings, request by competent courts and authorities or other legal obligation; and
For protecting or defending our rights and property.

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity, which buys us or part of our business, will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

We may disclose aggregated, anonymised or otherwise non-personal information that do not identify you to any affiliates and third parties.

If you open your DAYCATCHER profile and journal for the community and interact with them, any information you include on your profile and any content you post on your journal or quests as well as any social action you take on DAYCATCHER (e.g. comments, nuggets) will be seen by others.

Does DAYCATCHER use cookies or similar technologies?

We use cookies and similar technologies in connection with your use of DAYCATCHER.

A cookie is a small computer file that our server sends to your computer or mobile device and that your computer or mobile device sends back to us each time you visit. DAYCATCHER is able to retrieve or read the contents of the cookie, which will – amongst others – allow remembering your preferences. Cookies will usually contain the name of the originating website and some additional information, such as a unique identifier and some digits and numbers (IP address, browsing patterns and timings, etc.).

Cookies help us recognize your preferences when you access to and use DAYCATCHER. We use Cookies to personalize and improve your individual user experience. For example, we use Cookies to:

Keep track of your use of DAYCATCHER
Gather data to improve and expand functionality of and content on DAYCATCHER;
Improve the security of your experience with DAYCATCHER

We use permanent session and tracking cookies. Permanent Cookies will stay on your computer or mobile device for a set period of time and will be activated each time you access DAYCATCHER.

You can instruct your browser, by editing its options, to stop accepting Cookies or prompt you before accepting a Cookie from the Internet sites you visit. You may also delete any Cookies from your computer or mobile device by using the relevant functionality of your browser. If you decide not to accept our Cookies, you might not be able to use some features designed to enhance your experience. Not accepting Cookies will limit the use of DAYCATCHER.

To change your Cookie settings, follow the instructions provided by your browser (usually located under the “Help,” “Tools” or “Edit” facility).

How do we retain data?

Your journal data will remain as long as your account is active. You are in full control of that. Even when you decide to close your profile so that you are not visible anymore for the DAYCATCHER community, your journal content will remain, but without the comments contributed by others.

Also when you decide to change your membership (eg from a full paying member to a free member), your personal journal content will always remain and be under your full control.

Quests are more short lived and playful elements. Created quests, links to quests and discussions on quests will not remain forever and closed quests be permanently deleted after some time.

You can delete your personal data at any time by deleting your own content (journal, quests, interactions) individually or by removing your DAYCATCHER account entirely. We keep most of your personal data for as long as your account is active.

Please be aware, however, that we may be entitled or obliged to retain some of your personal data based on applicable laws and regulations.

Where do we store your personal data?

For data storage DAYCATCHER is using Google Cloud Services in Europe. Other third party cloud service providers we use for content distribution and communication purposes.

Even though DAYCATCHER is a Swiss company, the recipients to whom we disclose your Personal Data in accordance with this Policy, however, may be located in any country outside Switzerland. This may include countries where applicable data protection laws provide a lesser degree of protection than your home country. In such case, we will ensure an adequate level of protection for your Personal Data in accordance with applicable laws.

Terms of Use – Your Responsibilities and Rights Matter

These Terms of Use govern your access to and use of DAYCATCHER. They form an integral part of the DAYCATCHER Terms of Service.

What are your responsibilities?

You are responsible for your use of DAYCATCHER and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via DAYCATCHER or obtained by you through DAYCATCHER is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via DAYCATCHER or endorse any opinions expressed via DAYCATCHER.

You understand that by using DAYCATCHER you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. You can report such cases to us for verification. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via DAYCATCHER and, we cannot take responsibility for such Content.

When using DAYCATCHER:

You must be at least 16 years old to use the Service.
You may not post violent, discriminatory, unlawful, infringing, hateful, nude, partially nude or sexually suggestive photos or other content.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, DAYCATCHER prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must not solicit, collect or use the login credentials of others.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post personal or confidential information via DAYCATCHER, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of DAYCATCHER and your Content (defined above), including but not limited to, intellectual property, copyright and trademark laws.
You are solely responsible for your conduct and any data, text, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, “Content”) that you submit, post or display on or via DAYCATCHER
You must not interfere or disrupt DAYCATCHER or servers or networks connected to DAYCATCHER, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any DAYCATCHER page is rendered or displayed in a user’s browser or device.
You 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.
You must not use DAYCATCHER for the purpose of marketing or selling goods or services.
You must neither impose barriers to participate in quests nor make participations in quests in any way dependent on monetary transfers,, buying products or services or information transactions. Quests always need to comply with local competition laws.
You must not instigate others to do anything which is discriminatory, infringing, hateful, violent or leads to any kind of unethical or unlawful activities (or which could be interpreted as such).
You must not attempt to restrict another user from using or enjoying DAYCATCHER and you must not encourage or facilitate violations of these Terms of Use or DAYCATCHER Terms of Service overall.
Violation of these Terms of Use may, in DAYCATCHER’s sole discretion, result in removing content up to termination of your account which includes removing all of your content.
You understand and agree that DAYCATCHER cannot and will not be responsible for the Content posted and you use the DAYCATCHER at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for DAYCATCHER, we can stop providing all or part of the service to you.
You must comply with DAYCATCHERS Community Guidelines

How will intellectual property rights be respected?

DAYCATCHER respects the intellectual property rights of others and desires to offer a platform, which contains no content that violates those rights. Our terms of use require that information posted by members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, DAYCATCHER provides functionality to report abuse concerning content posted by our members.

Please note that whether or not we disable access to or remove content, DAYCATCHER may make a good faith attempt to notify the member who posted the content and/or take other reasonable steps to notify the member that DAYCATCHER has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to deactivate and/or terminate the accounts of members who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Will DAYCATCHER ever change?

Possibly. We will have the right but not the obligation to adapt, amend, modify, change, improve or enhance DAYCATCHER at any time and in our sole discretion.

What rights do you have?

We give you a personal, non-assignable non-exclusive license to access and use DAYCATCHER. This license has the sole purpose of enabling you to use and enjoy it, in the manner permitted by these Terms of Service.

DAYCATCHER is protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the DAYCATCHER name or any of the DAYCATCHER trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest on the platform (excluding Content provided by users) are and will remain the exclusive property of DAYCATCHER and its licensors. Any feedback, comments, or suggestions you may provide regarding DAYCATCHER is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Can my use of DAYCATCHER be terminated?

These Terms will continue to apply to your use of DAYCATCHER until terminated by either you or us, as follows:

You may terminate these Terms at any time for any reason by discontinuing your use of DAYCATCHER and deleting your account. Please note that already paid membership fees will not be reimbursed.

We may suspend or terminate your account and decline any future access at any time for any or no reason, without any financial obligations including, but not limited to, if we reasonably believe you have breached these Terms, you create risk or possible legal exposure for us.

We reserve the right to discontinue DAYCATCHER (or any capability, feature or functionality thereof) at any time in our sole discretion without responsibility or liability to you.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.

How is DAYCATCHER available?

We will use our commercially reasonable efforts to make DAYCATCHER available to you twenty-four hours a day, seven days a week. However, we will not be obliged to make it available to you. We do not represent, warrant or guarantee that the DAYCATCHER will always be available or run uninterrupted. We have the right to interrupt access to and use of the DAYCATCHER at any time if necessary (e.g. for updates, maintenance, corrections, security risks, risks of improper use, etc.).

HOW IS OUR WARRANTY EXCLUDED?

WE PROVIDE DAYCATCHER “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MIGHT APPLY TO DAYCATCHER, HAVE ANY EFFECT BETWEEN YOU AND US OR WOULD OTHERWISE BE IMPLIED IN OR INCORPORATED INTO THESE TERMS, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, ARE HEREBY EXCLUDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE PROVISION, QUALITY, FITNESS FOR PURPOSE, USABILITY, AVAILABILITY, TIMELINESS, ACCURACY, CORRECTNESS, COMPLETENESS AND UP-TO-DATENESS OF DAYCATCHER ARE HEREBY EXCLUDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DO NOT REPRESENT, WARRANT OR GUARANTEE THAT DAYCATCHER CONTENT WILL BE ACCURATE, COMPLETE, LEGAL, RELIABLE OR AVAILABLE, OR THAT DAYCATCHER WILL BE UNINTERRUPTED OR ERROR FREE. WE ALSO DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR INAVERTEDLY MODIFYING, MUTILATING, DESTROYING, DELETING, LOSING OR FAILING TO STORE ANY CONTENT SUCH AS TEXT, GRAPHICS OR VISUAL MATERIAL YOU UPLOAD, POST, SHARE OR OTHER-WISE MAKE AVAILABLE ON DAYCATCHER.

HOW IS OUR LIABILITY LIMITED?

TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND THIRD-PARTY SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, FOR BREACH OF ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RESULTING FROM OR IN CONNECTION WITH DAYCATCHER OR ANY USE THEREOF, INCLUDING ANY COSTS AND EXPENSES, LOSSES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR LOSS OF USE, EVEN IF WE OR OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Community Guidelines – Your Contribution Matters

DAYCATCHER’s mission is to inspire and support the 50+ generations to stay physically and mentally active as well as socially connected. It helps people build resilience for, and find everyday meaning in, the second half of life.

Our aim is to ensure DAYCATCHER is inclusive and safe, and that you’ll always find lively and intelligent people, journals and quests.Central to this mission is that we all take responsibility for maintaining an appropriate, constructive and joyful DAYCATCHER platform everyone benefits from.

Your commitment

Demonstrate and share the intelligence, wisdom and humour we know you possess.

Respect other people’s views and beliefs and consider your impact on others when sharing content on your profile, in your daily journal and when making contributions to the DAYCATCHER community.

You should only post content that you feel 100% comfortable sharing with others. Think before you post detailed, personal and potentially “sensitive” information about yourself and others. If in doubt, think it over, anonymise it or use abbreviations. Most of the time this is good enough for you to remember later what was special about your day.

You as a person

You want to keep a journal to be mindful about the passing of time and have a record of what was most important every day. You might also gain happiness by sharing your journal and by pursuing quests with others. If you don’t see anything worth capturing on a particular day, it doesn’t matter. And if you don’t have anything nice to say to others, then don’t say it.

You’re a real person and you shall not create an account for anyone other than yourself. However you don’t need to reveal your real identity. It’s entirely up to you how much detail you want to share in your profile and what profile name you choose for yourself. Be inspirational and positive!

If you refer to a company or a client, make sure you are explicitly authorised to do so. Also you must not use DAYCATCHER accounts for the sole purpose of promoting or selling goods or services.

You are responsible for safeguarding your account, so use a strong password and limit its use to this account.

Lastly, you must be at least 16 years old to use DAYCATCHER.

Your content

Take responsibility for your actions and the quality of your contributions. When posting content make sure you own the copyright. Make sure it neither violates intellectual property rights or trademarks or infringes others’ privacy.

You may not post violent, discriminatory, unlawful, infringing, hateful, nude, partially nude or sexually suggestive photos or other content (or contributions that could be interpreted as such)
You may not post content that is obviously commercial or otherwise spam-like
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities
Only post pictures of or information about other people when you have their explicit consent to do so
Only post pictures you have taken on your own or you have the right to use in DAYCATCHER.
You must not post confidential information, including, without limitation, your or any other person’s credit card information, passport, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

Your quests

Quests should be playful and inspiring elements to encourage others to pursue joint goals, on a specific day or during a maximum period of 7 days. You participate by linking your catch (entry of the day).

When you create or participate in quests

You must neither impose barriers to users who want to participate in quests or make participations in quests in any way dependent on monetary transfers, buying products or services or providing non-public (personal) information.
You must not encourage others to do anything which is discriminatory, infringing, hateful, violent or leads to any kind of unethical or unlawful activities (or that could be interpreted as such).
Be aware that quests are short-lived elements. Created quests, links to quests and discussions on quests will not remain forever. Closed quests are permanently deleted after a certain period.

Violations

If you act with maturity and consideration for other users, you’ll be able to enjoy DAYCATCHER to the full without any problems.

Rest assured we will do not tolerate users seriously, persistently or willfully ignoring our Community Standards, Privacy Policy or Terms of Use. We will, when necessary, remove content, suspend access or terminate accounts.
Please use the “report abuse” functionality or the feedback form to help us make and keep DAYCATCHER a pleasant, clean and valuable place for mature people to enjoy.