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Terms of Use

Please read these Terms and Conditions ("Terms of Use") carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Matchspace Platform you agree to abide by and be bound by these Terms of Use.

Last updated: April 03, 2020

Thank you for using Matchspace!

These Terms of Use constitute a legally binding agreement ("Agreement") between you and Matchspace (as defined below) regarding your access to and use of the Matchspace Website, including any subdomains thereof, and any other websites through which Matchspace provides its services (collectively, the "Website"), our mobile, tablet and other smart device applications and application program interfaces (collectively, the "Application") and any related services (collectively, the "Matchspace Services"). These Terms of Use are an integral part of all contracts concluded with Matchspace. The website, the application and the Matchspace Services together are hereinafter collectively referred to as the "Matchspace Platform". Other policies that apply to your use of the Matchspace Platform will be incorporated into this Agreement by reference.

If these Terms of Use mention "Matchspace", "we", "us" or "our", they refer to matchspace GmbH (CHE-246.833.046), Gartenstrasse 22, 8704 Herrliberg, Switzerland.

The collection and use of personal data in connection with your access to and use of the Matchspace Platform is described in our privacy policy.

Course providers are solely responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their offerings and courses (as defined below). Course providers are solely responsible for identifying and obtaining the necessary licenses, approvals, or registrations for the courses they offer. Penalties may include fines or other measures. If you have questions about the application of local laws to your listings and courses on Matchspace, you should always seek legal advice.

Table of Contents

1     Scope of Matchspace services.

2     Participationauthorization, use of the matchspace platform, verification of members.

3     Modification of these Terms of Use.

4     Account registration.

5     Contents.

6     Service charges.

7     Specific conditions for course providers.

8     Specific conditions for course participants.

9     Booking changes, cancellations and refunds.

10   Ratings and Reviews.

11   Taxes and social security contributions.

12   Prohibited activities.

13   Term and termination, suspension and other measures.

14   Liability.

15   Exemption.

16   Feedback.

17   Applicable law and place of jurisdiction.

18   General provisions.

 

1 Scope of Matchspace services

1.1 The Matchspace Platform is an online marketplace that can be used by registered users ("Members") to offer services (Members who offer services are "Course Providers" and the services they offer are "Courses") and to purchase services (Members who use courses are "Course Participants"). Such courses can be published on the Matchspace Platform ("listings") and can be communicated directly to members who wish to book such courses. Courses may include the provision of lessons, coaching, workshops or other formats, individual or recurring events in various categories, including but not limited to art-related services.

1.2 As the operator of the Matchspace Platform, Matchspace is not the owner, seller, reseller or provider of listings, offers or courses and is also not the organizer or organizer of courses. The course providers are solely responsible for their offers and courses. When members make or accept a booking, they enter into a contract directly with each other. Matchspace is not and will not be a party or other participant in a contractual relationship between members, nor is Matchspace a course broker or insurer. Matchspace does not act as an agent in any capacity for a member. Matchspace only performs administrative tasks and provides the Match platform as an infrastructure.

1.3 Although we may contribute to facilitating dispute resolution, Matchspace has no control over the existence, quality, safety, suitability or legality of offers or courses, (ii) the truth or accuracy of descriptions, ratings or other Member Content (as defined below) or (iii) the performance or conduct of Members or third parties. Matchspace does not support members, listings or courses. Any reference to a Member being "verified" (or similar wording) only indicates that the Member has completed a corresponding verification or identification process and nothing else. Such description does not constitute an endorsement, certification or guarantee by Matchspace of any member, including the identity or background of the member or whether the member is trustworthy, secure or appropriate. You should always be cautious when deciding whether to attend a course, accept a student's booking request, or communicate and interact with other members, whether online or in person. Verified images (as defined below) are only intended to indicate a photographic representation of a listing at the time the photograph is taken and therefore do not constitute Matchspace support for a course provider or listing.

1.4 If you choose to use the Matchspace Platform as a course provider (as defined herein), your relationship with Matchspace will be limited to being a Matchspace independent course provider and not an employee, agent or partner of Matchspace.  A course provider acts exclusively in his own name and for his own benefit, and not in the name or for the benefit of Matchspace. Matchspace only directs or controls course providers in general and in accordance with the Terms of Use. A course provider may decide, at its sole discretion, whether to list courses or otherwise engage in other business or employment activities.

1.5 To promote the Matchspace Platform and increase the visibility of listings to potential guests, listings and other Member Content may be displayed in accordance with Clause 5 on other websites, in applications, in e-mails and in online and offline listings. To support members who speak different languages, Matchspace can provide automated tools that allow members to translate offers and other member content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Matchspace cannot guarantee the accuracy or quality of such translations, and Members are responsible for checking and verifying the accuracy of such translations.

1.6 The Matchspace Platform may contain links to third party websites or resources ("Third Party Services"). Such third-party services may be subject to different Terms of Use and privacy practices. Matchspace is not responsible or liable for the availability or accuracy of these third party services or the content, products or services available through these third party services. Links to such third party services do not constitute an endorsement of such third party services by Matchspace.

1.7 Matchspace is not responsible for any failure or malfunction of the internet or telecommunications infrastructure which is beyond our control and which may result in disruptions to the availability of the Matchspace Platform. Matchspace may temporarily restrict the availability of the Matchspace Platform or certain areas or features thereof, taking into account the legitimate interests of Members (e.g. by prior notice), if this is necessary with respect to capacity limitations, the security or integrity of our servers, or to perform maintenance to ensure the proper or improved functioning of the Matchspace Platform. The provisions in Section 16 (Liability) shall remain unaffected by this. Matchspace can improve, extend and modify the Matchspace Platform and introduce new Matchspace services from time to time. Matchspace will inform the members about changes to the Matchspace Platform, unless these changes are minor, without having any significant effect on the contractual obligations of the parties.

2 participationAuthorization, use of the matchspace platform, verification of members

2.1 The use of the Matchspace Platform and the registration of a Matchspace account are only permitted to natural persons and legal entities and partnerships capable of acting.

2.2 Members undertake to comply with locally applicable laws and Swiss legislation, provided that these do not conflict with mandatory provisions of other local laws.

2.3 Matchspace may make access to the Matchspace Platform or to certain areas or functions of the Matchspace Platform subject to certain Terms of Use or requirements, such as the completion of a verification process, the fulfillment of certain quality or admission criteria, the fulfillment of rating or review thresholds or the booking and cancellation history of a Member. Matchspace is entitled to exclude a member from the platform at any time without giving reasons.

2.4 Since the identification of users on the Internet is only possible to a limited extent, we cannot guarantee the identity of members. Notwithstanding the foregoing, to the fullest extent permitted by law and for the purposes of transparency and fraud prevention, we are entitled, but not obliged, (i) to require Members to provide government identification documents or other information or to perform additional checks to verify the identity and background of Members, (ii) to verify Members using external databases or other sources and to request reports from service providers, and (iii) if we have sufficient information to establish the identity of a Member, to obtain reports from public criminal records or sexual offender registers, or (iv) to obtain information from the public prosecutor's office or the criminal justice department, or to obtain information from the criminal justice department or the criminal justice department of a Member's country of residence, to obtain reports from the criminal justice department or from the criminal justice department. Conduct an equivalent local version of such background or sex offender checks in your country (if available).

2.5 The use of certain areas or features of the Matchspace Platform may be subject to separate policies, standards or rules or may require you to accept additional Terms of Use before accessing such areas or features. If there is a conflict between these Terms of Use and the Terms of Use for a particular area or function of the Matchspace Platform, the latter shall prevail over your use of that area or function unless otherwise stated. As a member, you do not have the right to comprehensive use; some functions are reserved for specific member categories or can only be used against payment of a fee.

2.6 By accessing or downloading the Application from the Apple App Store, you agree to be bound by Apple's End User License Agreement for Licensed Applications. By accessing or downloading the application from the Google Play Store, you agree to be bound by the Google Play Terms of Use. Some areas of the Matchspace Platform implement Google Maps/Earth Mapping Services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Use.

3 Modification of these Terms of USE

Matchspace reserves the right to change these Terms of Use at any time in accordance with this provision. If we make changes to these Terms of Use, we will post the revised Terms of Use on the Matchspace Platform and update the date and version "Last Updated" above in these Terms of Use. We will also notify you by email at least thirty (30) days prior to the effective date of the changes. If you do not agree to the revised Terms of Use, you may terminate this Agreement with immediate effect. We will inform you in the notification e-mail about your right to cancel the contract. If you do not terminate your agreement prior to the effective date of the revised Terms of Use, your continued access to or use of the Matchspace Platform will be deemed acceptance of the revised Terms of Use.

4 account registration

4.1 You must register and create an account ("Matchspace Account") in order to access and use certain features of the Matchspace Platform, such as the publication or booking of a listing. When you register a Matchspace account for a company, organization or other entity, you represent and warrant that you have the authority to legally bind that company and grant us all rights and licenses set forth in these Terms of Use.

4.2 You may create a Matchspace account with an email address and password creation or through your account with certain third party social networking services, such as Facebook or Google ("SNS Account"). You can deactivate the connection between your Matchspace account and your SNS account at any time by disconnecting your Matchspace account from your SNS account in the "Settings" section of your SNS account. You can still access your Matchspace account if you have access to the email associated with that SNS account.

4.3 You must provide accurate, current and complete information during the registration process and keep your Matchspace account and the public Matchspace account profile pages up to date.

4.4 You may not create more than one (1) Matchspace account unless Matchspace authorizes you to do so. You may not assign, rent, loan or otherwise transfer your Matchspace account to any other party.

4.5 You are responsible for maintaining the confidentiality and security of your Matchspace credentials and may not disclose your credentials to third parties. You must notify Matchspace Customer Service immediately if you know or have reason to believe that your access data has been lost, stolen, misappropriated or otherwise compromised, or if you are actually or suspected of using your Matchspace account without authorization. You are responsible for all activities performed through your Matchspace account.

4.6 Matchspace may activate features that allow you to authorize other members or certain third parties to perform certain actions on your Matchspace account. For example, we may allow members to link their Matchspace accounts with and take action on behalf of companies, we may allow eligible members or certain third parties to book offers on behalf of other members, or we may allow course providers to add members other than co-course providers (as defined below) to facilitate the administration of their offers. These features do not require you to share your login information with others. No third party is authorized by Matchspace to ask for your access data, and you may not ask for the access data of another member.

5 contents

5.1 Matchspace may enable Members to (i) create, upload, post, transmit, receive and store content such as text, photos, audio, video or other materials and information on or through the Matchspace Platform ("Member Content"); and (ii) access and display Member Content and all content that Matchspace itself makes available on or through the Matchspace Platform ("Matchspace Content"), access and view. Matchspace content includes own Matchspace content and content licensed or approved by third parties for use by or through Matchspace. Matchspace content and member content are collectively referred to as "collective content".

5.2 The Matchspace Platform, Matchspace content and Member Content may be protected in whole or in part by copyright, trademark and/or other laws of Switzerland and other countries. You acknowledge and agree that the Matchspace Platform and the Matchspace Content, including all intellectual property rights associated therewith, are the exclusive property of Matchspace and/or its licensors or for authorization by third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated into or accompanying the Matchspace Platform, Matchspace Content or Member Content. All trademarks, service marks, logos, trade names and all other Matchspace source names used on or in connection with the Matchspace Platform and Matchspace content are trademarks or registered trademarks of Matchspace at home and abroad. Trademarks, service marks, logos, trade names and all other proprietary names of third parties used on or in connection with the Matchspace Platform, Matchspace content and/or collective content are used for identification purposes only and may be the property of their respective owners.

5.3 You may not use, copy, adapt, modify, prepare, distribute, license, sell, transmit, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Matchspace Platform or the Collective Content unless you are the legal owner of certain Member Content or as expressly permitted in these Terms of Use. You are not granted, implicitly or otherwise, any licenses or intellectual property rights owned or controlled by Matchspace or its licensors, except as expressly granted in these Terms of Use.

5.4 Subject to your compliance with these Terms of Use, Matchspace grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Application on your personal devices and (ii) access and display all collective content available on or through the Matchspace Platform and accessible to you solely for your personal and non-commercial use.

5.5 By uploading, posting or otherwise making available Member Content on or through the Matchspace Platform, you grant Matchspace a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or perpetual), sub licensable and transferable license to access such Member Content, the use, storage, copying, modification, creation of derivative works, distribution, publication, transmission, streaming, transmission and any other exploitation of these member contents in order to make the Matchspace Platform available and/or promote it in all media and on all platforms. Insofar as member content is personal data, it will only be used for advertising purposes to the extent permitted by data protection law; our data protection declaration applies to the processing of such member content. Unless you give your express consent, Matchspace does not claim ownership of such Member Content and no provision of these Terms of Use is intended to limit any rights of use or exploitation you may have with respect to such Member Content.

5.6 You are solely responsible for all Member Content that you make available on or through the Matchspace Platform. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Member Content that you make available on or through the Matchspace Platform, or you have all the rights, licenses, consents and releases necessary to grant Matchspace the rights to and to such Member Content as provided in these Terms of Use; and (ii) that the Member Content or your posting, uploading, publishing, transmitting or transmitting of the Member Content or Matchspace's use of the Member Content (or any part thereof) as provided under these Terms of Use does not infringe, violate or violate any patent, copyright, proprietary right, trademark, trade secret, moral right, or other proprietary or copyrights of any third party or the right of publicity or privacy, or violate any applicable law or regulation.

5.7 You may not publish, upload, transmit or transmit any Member Content that is: (i) is fraudulent, false, misleading (directly or by omission or omission to update any information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) Promote discrimination, bigotry, racism, hatred, harassment or harm against any person or group; (iv) Violence or threat or promotion of violence or actions that threaten other persons or animals; (v) Promote illegal or harmful activities or substances; or violate any Matchspace policy. Matchspace may remove or block access to Member Content if it violates any applicable law, these Terms of Use or our policies or standards, or is otherwise harmful or objectionable to Matchspace, its Members or any third party. If Matchspace removes or blocks access to Member Content, Matchspace will notify a Member and state the reasons for such action, unless such notification would (i) prevent or impair the detection or prevention of fraud or other illegal activity, (ii) harm the legitimate interests of other Members or third parties, or (ii) violate any applicable law. You can appeal against such a decision by contacting our customer service.

5.8 If a member violates the above requirements and Matchspace suffers damage, the member must indemnify Matchspace. The indemnity also includes the costs, including external legal advice costs, which Matchspace incurs as a result of processing and resolving such an incident.

5.9 Matchspace respects copyright and expects its members to do the same. If you are of the opinion that content on the Matchspace Platform violates your copyrights, please inform us.

6 service charges

6.1 In order to ensure the operation of the Matchspace Platform, including services such as hosting, maintenance, development, customer support and payment processing, Matchspace may charge fees for the use of the Matchspace Platform from course providers ("Course Provider Fees") and/or course participants ("Course Participant Fees") (collectively "Service Fees").

6.2 Matchspace has two different service fee structures for booking a course: a course provider fee and a booking fee. Matchspace charges the course provider a course provider fee of 20%. This fee is calculated on the basis of the course price set by the course provider and is automatically deducted before the course fee is paid out. The booking fee for the course participant is CHF 5 per booked lesson. This applies even if a course participant books several lessons at once. The booking fee is added to the course fee set by the course provider. The final course price includes all applicable fees and is displayed to the course participants during the payment process before they book a course. If Matchspace is required to levy VAT or other taxes, the service fee and VAT amounts will be aggregated on the checkout page, which may result in the service fee appearing higher. Depending on the applicable laws, VAT may be added to the course price for the course participant. The service fee includes this VAT, if applicable.

6.3 Matchspace reserves the right to change its service fees at any time and will notify Members of any such changes in good time before they take effect. Such fee changes do not affect bookings made prior to the effective date of the fee change.

6.4 You are responsible for paying the service fees that you owe Matchspace. The applicable service fees (including all applicable taxes) will be charged by Matchspace. Matchspace will deduct all course provider fees from course prices before the payment is made to the course provider. Service fees are non-refundable unless otherwise stated on the Matchspace Platform.

6.5 Payments will be processed by Stripe, a third-party payment service provider that securely processes payments between course participants and course providers.

7 Specific conditions for course providers

7.1 Conditions Applicable to All Service Offers

7.1.1 When creating a listing on the Matchspace Platform, you must provide (i) complete and accurate information about (i) your profile, (ii) your listing (such as course description, location and calendar availability) and (iii) any other relevant information requested by Matchspace. You are responsible for ensuring that your listing information (including calendar availability) is current at all times.

7.1.2 You are solely responsible for determining a price (including any taxes) for your listing ("Course Fee"). As soon as a course participant wishes to book your listing, you may no longer demand that the course participant pays a different price than in the booking request.

7.1.3 Any conditions contained in your listing, in particular with respect to cancellations, shall not conflict with these Terms of Use or the relevant cancellation policy for your listing.

7.1.4 Images, animations or videos (collectively "Images") used in your Offers must accurately reflect the quality and condition of your courses. Matchspace reserves the right to require that offers contain a minimum number of images in a specific format, size and resolution.

7.1.5 The placement of listings in search results on the Matchspace Platform may vary and depends on a variety of factors such as search parameters and student preferences, course provider requirements, availability of prices and calendars, number and quality of images, customer service, ratings or type of course provider service.

7.1.6 If you accept a booking request from a course participant, you enter into a legally binding agreement with the course participant and are obliged to make your course provider(s) available to the course participant as described in your listing and offered in the booking request. You also agree to pay the applicable course provider fee and all applicable taxes.

7.1.7 Matchspace recommends that course providers take out appropriate insurance for their courses. Please read the respective insurance policies carefully and in particular ensure that you are familiar with and understand the exclusions and deductibles of these insurance policies.

7.1.8 You provide your courses as an independent third party (e.g. self-employed or through a trading company) and must not give the impression to course participants or third parties that you are employed by Matchspace or are providing courses on behalf of Matchspace.

7.2 List of Courses

Any listings you publish (i) must not violate any contract you may have with any third party and (ii) must comply with all applicable laws, tax requirements as well as other regulations and provisions.

8 Specific conditions for course participants

8.1 Conditions Applicable to All Bookings

8.1.1 Subject to Matchspace's and/or the course provider's requirements being met (e.g. completion of review processes); you may book a listing available on the Matchspace Platform by following the relevant booking process. All applicable fees, including student fees and all applicable taxes (collectively, "Total Fees"), will be displayed to you prior to booking an ad. You agree to pay the total fees for each booking made in connection with your Matchspace account.

8.1.2 Upon receipt of a booking confirmation from Matchspace, a legally binding agreement is entered into between you and your course provider which is subject to the specific terms and conditions of the course provider. Matchspace charges the total fee at the time of the booking request or after confirmation by the course provider.

8.1.3 As a course participant you pay the total fees via Matchspace, as a course provider it is prohibited to demand further payments from course participants. Matchspace denies any liability for payments that are not made via the platform. Matchspace does not refund any amounts claimed directly from course providers in addition to the total fees and paid directly to a course provider by the participant.

8.1.4 If you book a Course Provider Service on behalf of other Course Participants, you are responsible for ensuring that each Course Participant meets all requirements set by the Course Provider and is made aware of and agrees to these Terms of Use and all terms, rules and restrictions set by the Course Provider. When you book for a minor student, you represent and warrant that you are legally authorized to act on behalf of the minor.

8.2 Booking Courses

8.2.1 You should carefully review the description of a listing respectively of a course or other course service you wish to book to ensure that you (or any other student for whom you are booking) meet the minimum age, knowledge or other requirements specified by the course provider in its listing. In your sole discretion, you may inform the Course Provider of any medical or physical conditions or other circumstances that may affect your ability to participate in a Course or other Course Provider service.

8.2.2 Before and during a course provider service, the instructions of the course provider must be followed.

8.3.3 You may not bring any other person to a course or other course provider service unless that person was added by you as an additional course participant during the booking process on the Matchspace Platform.

8.3 Matchspace Coupons

Matchspace Coupons can be collected through Matchspace's referral program by inviting friends or referring a teacher to Matchspace. Matchspace Coupons can be redeemed for qualified bookings via the Matchspace Platform as specified in the voucher's terms and conditions. You can only redeem a Matchspace voucher if the Matchspace voucher is included in your Matchspace account. A cash payment is not possible.

8.4 Matchspace Credits

Matchspace may refund a course fee in the event of cancellation of the course in accordance with Article 9. Matchspace Credits the amount of the course fee due to the course participant as Matchspace Credit. Matchspace Credits can be redeemed for eligible bookings via the Matchspace Platform. You can only redeem a Matchspace Credit when the Matchspace Credit is included in your Matchspace account.

9 Booking changes, cancellations and refunds

9.1 Course providers and course participants are responsible for all changes to a booking they make via the Matchspace Platform ("booking changes") and undertake to pay additional service fees and/or taxes in connection with these changes.

9.2 Course participants and course providers may cancel a confirmed booking up to 24 hours prior to the course and Matchspace will credit the amount of the course fee due to the course participant as Matchspace credit. The credits can be redeemed by the course participant for future course bookings. The course fee will not be refunded. The redemption of credits for future bookings is not subject to additional course participant fees. The course is considered as not completed, so that the course provider does not receive a course fee.

9.3 If a course participant cancels a confirmed booking within less than 24 hours prior to the course, the course participant is not entitled to a refund. Matchspace pays the course fee to the course provider on the same terms as if the course had taken place.

9.4 If a course provider cancels a confirmed booking within less than 24 hours prior to the course, Matchspace will credit the amount of the course fee due to the course participant as Matchspace credit. The credit can be redeemed by the course participant for future course bookings. The course participant fee and the payment processing fee will not be refunded. The redemption of credits against future bookings is not subject to any additional payment processing fee or course participant fee. The course is considered as not completed, so that the course provider does not receive a course fee. Matchspace may (i) not keep the calendar available or blocked for the date of the cancelled booking and/or (ii) charge a cancellation fee, unless the Course Provider has a valid reason to cancel the booking within less than 24 hours due to an unexpected circumstance beyond its control. It is the sole responsibility of the course provider to provide the necessary documentation for this circumstance and to send it to Matchspace Customer Service for review, where Matchspace Customer Service may waive a cancellation fee.

10 Ratings and Reviews

10.1 Within a certain period of time after completion of a course, course participants may submit a star rating ("rating") for the course. The ratings reflect the opinions of individual members and not the opinion of Matchspace. The ratings are not checked by Matchspace for correctness.

10.2 Student assessments shall be correct and shall not be false or misleading.

10.3 Ratings are part of a member's public profile and may also be displayed elsewhere on the Matchspace Platform (e.g. on the listing page) together with other relevant information.

11 Taxes and social security contributions

11.1 As a course provider, you are solely responsible for the determination of your obligations and you provide your courses as an independent third party (e.g. self-employed or through a trading company). Matchspace also does not provide staff leasing services. All VAT or income taxes ("taxes") incurred must be reported, transferred by the course providers themselves and have to be included in your listing fees. In addition, the course provider is independently responsible for clarifying all other tax obligations under the law applicable to him or her and for independently paying any social security contributions, such as contributions for old-age provision or unemployment insurance, to the relevant institutions. The course provider undertakes to take out the insurance necessary for the practice of the profession.

11.2 Tax regulations may require us to obtain appropriate tax information from course providers or withhold tax from payments to course providers or both. If a course provider does not provide us with the documentation required by applicable law (e.g. a tax number) to mitigate our obligation to withhold tax from any payouts to you, we reserve the right to withhold payouts up to the amount required by law until a resolution is passed.

12 Prohibited activities

12.1 You are solely responsible for compliance with all laws, rules, regulations and tax obligations that may apply to your use of the Matchspace Platform. In connection with your use of the Matchspace Platform, you may not do the following or enable or assist others to do so:

  • Violate or circumvent any applicable laws or regulations, agreements with third parties, rights of third parties or our Terms of Use, policies or standards;
  • Use the Matchspace Platform or the Collective Content for any commercial or other purpose not expressly permitted by these Terms of Use, or in any manner that falsely implies Matchspace's endorsement, partnership or otherwise misleads you as to your affiliation with Matchspace;
  • Copy, store or otherwise access or use any information, including personal information about another Member, contained on the Matchspace Platform in any way that is inconsistent with Matchspace's Privacy Policy or these Terms of Use or that otherwise violates the privacy rights of Members or third parties;
  • Use the Matchspace Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • As a course provider, offer courses that you do not own yourself or that you may make available via the Matchspace Platform;
  • Unless expressly approved by Matchspace, book a listing if you will not use the course provider services offered therein yourself;
  • Contact any member for any purpose other than to ask a question about a booking, listing or use of the Matchspace Platform by that member, including but not limited to recruiting a member for any services, applications or websites of third parties without our prior written permission;
  • Use the Matchspace Platform to request, make or accept a booking independent of the Matchspace Platform, bypass service fees or otherwise request, accept or make a payment for course fees outside the Matchspace Platform;
  • Discriminate against or harass anyone on the grounds of race, national origin, religion, sex, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in violent, harmful, abusive or disruptive conduct;
  • To use, display, reproduce or frame the Matchspace Platform or collective content or individual elements within the Matchspace Platform, the name of Matchspace, a Matchspace trademark, a logo or other proprietary information or the layout and design of a page or form contained on a page of the Matchspace Platform without the express written consent of Matchspace;
  • Impair, soil or otherwise damage the Matchspace trademark in any way, including by unauthorized use of aggregate content, registration and/or use of Matchspace or derived terms in domain names, trade names, trademarks or other source identifiers, or registration and/or use of domain names, trade names, trademarks or other source identifiers that closely mimic or are confusingly similar to Matchspace domains, trademarks, slogans, advertising campaigns or collective content;
  • Use robots, spiders, crawlers, scrapers or other automated means or processes to access, collect or otherwise interact with data or other content from the Matchspace Platform;
  • Avoid, circumvent, remove, deactivate, impair, decrypt or otherwise attempt to circumvent any technological measures taken by Matchspace or any of Matchspace's providers or any other third party to protect the Matchspace Platform;
  • Attempt to decrypt, decompile, disassemble or reverse engineer the software used to provide the Matchspace Platform;
  • Take all measures that may damage or impair the performance or proper functioning of the Matchspace Platform or could damage or impair it;
  • Violate or impair the rights of others or cause harm to any other person.

12.2 Matchspace is not obligated to monitor member content or actively investigate facts or circumstances that indicate illegal activity. However, Matchspace has the right to review, block or edit Member Content in order to (i) operate, secure and improve the Matchspace Platform (in particular for purposes of fraud prevention, risk assessment, investigation and customer service); (ii) to ensure that Members comply with these Terms of Use; (iii) to comply with any applicable law or order or request of any court, administrative authority or other governmental body; (iv) to respond to any harmful or objectionable Member Content; or (v) as otherwise set forth in these Terms of Use. Members agree to cooperate with Matchspace, to support Matchspace and to provide Matchspace with such information and to take such measures as Matchspace reasonably requests with respect to any investigation by Matchspace or any representative of Matchspace into the use or misuse of the Matchspace Platform.

12.3 If you believe that a Member with whom you are interacting, whether online or personally, is acting or has acted inappropriately, including but not limited to (i) acting in an offensive, violent or sexually inappropriate manner, (ii) suspecting that he has stolen from you, or (iii) otherwise engaging in disruptive conduct, you should immediately report that person to the appropriate authorities and then to Matchspace by contacting us with your police station and registration number (if available). You agree that your ad does not oblige us to take any action that goes beyond what is required by law.

13 Term and termination, suspension and other measures

13.1 This Agreement shall continue in effect until such time as you or Matchspace terminate this Agreement in accordance with this provision.

13.2 You may terminate this Agreement at any time by e-mail. If you cancel your Matchspace account as a course provider, all confirmed bookings will be automatically cancelled and your students will receive a full refund in accordance with Matchspace's refund policy. If you cancel your Matchspace account as a course participant, all confirmed bookings will be automatically cancelled and any refunds will be subject to the terms of Matchspace's Refund Policy.

13.3 Without limiting our rights below, Matchspace may terminate this Agreement at any time for convenience by giving you thirty (30) days' notice by email to your registered email address.

13.4 Matchspace may immediately terminate this Agreement and/or suspend access to the Matchspace Platform without notice if (i) you have materially breached any of your obligations under these Terms of Use, our policies or standards, (ii) you have violated any applicable law, regulation or rights of any third party, or (iii) such action is necessary to protect the personal safety or property of Matchspace, its Members or any third party (e.g. in the event of fraudulent conduct by a Member).

13.5 In addition, Matchspace may take any of the following actions to (i) comply with applicable law or the order or request of a court, law enforcement agency or other administrative or government agency, or (ii) you have violated these Terms of Use, our policies or standards, applicable laws, regulations or rights of third parties, (iii) you have provided inaccurate, fraudulent, obsolete or incomplete information during registration of the Matchspace account, the listing creation process or thereafter, (iv) you and/or your offerings or courses do not at any time meet any applicable quality or admission criteria; (v) you have repeatedly received poor ratings or otherwise obtained knowledge of or complaints about your performance or conduct from Matchspace; (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without good cause; or (vii) such action is necessary to protect the personal safety or property of Matchspace, its members or third parties or to prevent fraud or other unlawful activity:

  • Refuse to surface, delete or delay any Listings, Ratings, or other Member Content;
  • Cancel any pending or confirmed bookings;
  • Limit your access to or use of the Matchspace Platform;
  • Temporarily or permanently revoke any special status associated with your Matchspace Account;
  • Temporarily or in case of severe or repeated offenses permanently suspend your Matchspace Account and stop providing access to the Matchspace Platform.

Matchspace will, except in the case of serious violations, to the extent possible and appropriate announce a measure and give you the opportunity to remedy the violation.

13.6 If we take any of the actions described above (i) we may fully refund to your students all confirmed bookings that have been cancelled, irrespective of any existing cancellation policy, and (ii) you will not be entitled to any compensation for any outstanding or confirmed bookings that have been cancelled.

13.7 If this Agreement is terminated, you will not be entitled to have your Matchspace account or any of your Member Content restored. If your access to or use of the Matchspace Platform has been restricted or your Matchspace account has been suspended or this Agreement has been terminated by us, you may not register a new Matchspace account or access and use the Matchspace Platform through another member's Matchspace account.

13.8 If Matchspace takes any of the actions described in this Section 14, you may appeal any such decision by contacting our customer service.

14 liability

14.1 Matchspace disclaims all liability for financial or other non-physical damage that may be associated with the contract concluded or intended in each case, as well as in connection with the visit and use of the Matchspace Platform, unless the organs of Matchspace and/or their vicarious agents have caused such damage intentionally or in gross negligence.

14.2 Matchspace cannot be held liable for technically justified transmission delays or failures, unless Matchspace has caused such transmission delays or failures in an intentional or grossly negligent manner.

14.3 Matchspace accepts no liability for the uninterrupted availability of the system or for system-related failures, interruptions and/or malfunctions of the technical equipment, insofar as these occurrences are outside Matchspace's sphere of influence. In particular, Matchspace is not liable for disruptions in the quality of access to the Matchspace service due to force majeure or due to events for which Matchspace is not responsible, in particular the failure of communication networks and gateways. For insignificant interruptions of the services Matchspace assumes no liability.

15 exemption

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Matchspace and its affiliates and subsidiaries, including but not limited to Matchspace and their officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms of Use or our policies or standards, (ii) your misuse of the Matchspace Platform or Matchspace Services, (iii) your interaction with any Member, participation in any Course or other Course Provider Service, including without limitation any injury, loss or damage (whether compensatory, direct, incidental, consequential or otherwise) of any nature whatsoever arising in connection with or as a result of such interaction, participation or use, or (iv) your violation of any law, regulation or right of any third party. The indemnity obligation under this Section 15 shall apply only if and to the extent that the claims, liabilities, damages, losses and expenses were reasonably caused by your culpable breach of a contractual obligation.

16 feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvement on the Matchspace Platform ("Feedback"). You can send feedback by email to our customer service. Any feedback you provide to us will be considered non-confidential and non-proprietary. By sending us feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub licensable, perpetual license to use and publish these ideas and materials for any purpose, without compensation to you.

17 Applicable law and place of jurisdiction

All matters relating to these Terms of Use or your use of the Matchspace Platform, including all disputes, shall be governed by the laws of Switzerland, without regard to conflicts of law provisions or international treaties, including without limitation the Vienna Convention on the International Sale of Goods. The place of jurisdiction for all disputes arising from the Terms of Use is the court responsible for Herrliberg (Switzerland). For claims brought by course participants or consumers, your place of residence or Herrliberg ZH (Switzerland) shall be the place of jurisdiction. In all other cases, Zurich shall be the exclusive place of jurisdiction.

18 General provisions

18.1 Unless supplemented by additional Terms of Use, guidelines or standards, these Terms of Use constitute the entire agreement between Matchspace and you regarding the subject matter of this Agreement and supersede any prior oral or written agreement or understanding between Matchspace and you regarding access to and use of the Matchspace Platform.

18.2 There is no joint venture, partnership, employment or agency relationship between you and Matchspace as a result of this Agreement or your use of the Matchspace Platform.

18.3 These Terms of Use are not intended to transfer any rights or remedies to any person other than the parties.

18.4 Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any provisions of these Terms of Use that are not included or are invalid shall be replaced by statutory law.

18.5 Failure by Matchspace to enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision unless we have given our written consent thereto. Except as expressly provided in these Terms of Use, each party shall exercise all rights under these Terms of Use without limitation of any other rights it may have under these Terms of Use or otherwise.

18.6 You may not assign, transfer or transfer this Agreement and your rights and obligations under this Agreement without Matchspace's prior written consent. Matchspace may transfer, assign or transfer this Agreement and all rights and obligations under this Agreement at its sole discretion with 30 days' notice without limitation. Your right to terminate this Agreement at any time remains unaffected.

18.7 Unless otherwise stated, communications or other communications to Members that are permitted or required by this Agreement will be electronically transmitted and transmitted by Matchspace via email.

18.8 If you have any questions about these Terms of Use, please email us and we will contact you as soon as possible.

Matchspace Privacy & Cookie Policy

Last update: May 17, 2020

TABLE OF CONTENTS

1. INTRODUCTION.
2. INFORMATION WE COLLECT.
3. WE WILL PROCESS THE DATA WE COLLECT FOR THE FOLLOWING PURPOSES.
4. HOW DO WE USE TRACKING TECHNOLOGIES (ESPECIALLY COOKIES) IN CONNECTION WITH THE USE OF OUR WEBSITE?
5. DISCLOSURE AND DISSEMINATION.
6. OTHER IMPORTANT INFORMATION.
7. YOUR RIGHTS.
8. SECURITY.
9. CHANGES TO THIS PRIVACY POLICY.

1. INTRODUCTION

Thank you for using Matchspace! Your trust is important to us and we are committed to protecting the privacy and security of your personal information. The information shared with us will help us provide you with a great Matchspace experience.
This privacy statement describes how we collect, use, process and disclose your personal data in connection with your visit, access, and use of the Matchspace platform. If necessary, further data protection provisions, e.g. in the conditions of participation for a competition, regulate specific circumstances.
Matchspace is based in Switzerland and complies primarily with the Swiss Federal Act on Data Protection (FADP). If personal data is processed from data subjects who have the right to rely on their local law - in particular on the EU’s General Data Protection Regulation (GDPR) - Matchspace will also observe this legal system and grant these persons rights specific to each legal system.
1.1. Definitions
A term that is not defined in this Privacy Policy (e.g. "Ad" or "Matchspace Platform") has the same definition as in our Terms of Use ("Terms of Use").
For the purposes of this Privacy Policy, personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). This includes in particular your name, your e-mail address and, if applicable, your address and telephone number as well as your credit card and account details and your VAT or sales tax details, if you are a registered course provider.
1.2. Data Controller
When we refer to "Matchspace", "we", "us" or "our" in this privacy statement, we mean the company matchspace GmbH (CHE-246.833.046), Loostr. 7, 8703 Erlenbach, Switzerland, which is responsible for your information within the scope of this privacy statement (the "responsible site"). If you have any questions, complaints or other concerns about this privacy statement or how we use your personal information, you can send us an e-mail or contact us by post. In each case we take the liberty of replying electronically.
matchspace GmbH
Loostr. 7
8703 Erlenbach
Switzerland
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

2. INFORMATION WE COLLECT

There are three general categories of information that we collect.

2.1. Information You Give to Us

2.1.1. Information that Is Necessary for the Use of the Matchspace Platform
We request, collect and record personal data about you when you use the Matchspace platform, purchase services from Matchspace, are interested in or otherwise have a business relationship with us. This information is necessary to enable us to provide our services - in particular the operation of the Matchspace platform - and to comply with our legal obligations. Without them, we may not be able to provide you with all the services you require.

  • Account information. When you register a Matchspace account, we specifically require certain information from you, such as your first and last name, email address, postal address and date of birth.
  • Profile data and ad details. We may ask you for additional information in order to use certain features of the Matchspace platform (e.g. bookings and course offerings). This may include your address, your personal description, information about your education, qualifications or experience, your course description, your time availability and absences, your telephone number and a profile picture.
  • Communication with Matchspace and other members. When you communicate with Matchspace or use the Matchspace platform to communicate with other members, we collect information about your communication and any data you provide about it.

2.1.2. Information that Is Necessary for the Use of Payment Services
The entity responsible for payment services must collect the following information necessary for the proper performance of the contract with you and compliance with applicable laws (e.g., anti-money laundering regulations). Without this information, you will not be able to use the payment services:

  • Payment information. When you use payment services, the payment service provider requires certain financial information (such as information about your bank account or credit cards) in order to process payments and comply with applicable laws.

Payments are processed by Stripe, a third-party payment service provider. This ensures secure payment processing. Stripe may process additional information to process the payment, for example

  • Identity verification and other information. If you are a course provider, Stripe may collect information to verify your identity (such as a photo of an official ID card, passport, ID card or driver's license, if permitted by law) or other authentication information, such as date of birth, address, email address, telephone number and other information, to verify your identity, provide payment services to you and comply with applicable law.
    Further information can be found in Stripe's privacy policy, which can be found at https://stripe.com/en-ch/privacy#pagmt

2.1.3. Information that We Automatically Collect from Your Use of the Matchspace Platform and Payment Services
When you use the Matchspace platform, we automatically collect personal data about the services you use and how you use them. This information is necessary for the proper performance of the contract between you and us, enables us to fulfill our legal obligations and serves our legitimate interest in providing and improving the functionality of the Matchspace platform and payment services.

  • Website visit. Every time you access our website via your browser, certain data is transmitted to us for technical reasons and stored as log data. These log data can contain information about the IP - address of the used device, the transferred data volume, as well as information about your browser. If this data is only needed to enable use during a visit, the data will be deleted afterwards.
  • Location data. If you use certain features of the Matchspace platform, we may collect information about your exact or approximate location through data such as your IP address or the GPS of your mobile device. Most mobile devices allow you to enable or disable the use of application tracking services in the device's settings menu. Each query is an individual query within the framework of a specific function. For example, you can search for course providers in the vicinity of your current location, which requires the prior determination of your location.
  • Usage data. We collect information about your interactions with the Matchspace platform, such as the pages or other content you view, your search queries, the bookings you make and other actions you take on the Matchspace platform.
  • Information on payment transactions. Matchspace processes payments via Stripe. Although Matchspace does not store credit card or other banking information, some of the payment transaction information required to process the transactions can be retrieved from Matchspace via Application Programming Interface (API) interfaces. This information is necessary to reasonably fulfill the contract between you and Matchspace and to enable the provision of payment services.

2.1.4. Information We Collect from Third Parties
If you register for third parties or provide us with personal data from third parties and we thereby process personal data from third parties, you are obliged to ensure that these persons are aware of this data protection policy and that you have been reported for the purpose of providing the personal data.
Matchspace may collect information, including personal data that others provide about you when you use the Matchspace platform or collect information from other sources and combine it with the information we collect about the Matchspace platform and payment services. We control, monitor and are not responsible for the manner in which third parties who provide your personal information process your personal information, and any request for information about the disclosure of your personal information to us should be directed to those third parties.

  • Third-party services. If you access your Matchspace account via third-party services (e.g. Google, Facebook), connect to your Matchspace account or log into your Matchspace account via these services, these services may provide us with information such as your registration data, friend list and profile data of the service in question. This information varies; it is controlled by the service concerned or depends on what you allow the service to do with your data.
  • Third-party plug-ins. The Matchspace platform can use social plug-ins provided and operated by third parties, such as Facebook Like Button. As a result, you can share the information you see on a specific part of the Matchspace platform with third parties. If you are not logged into your account with a third-party provider, the third-party provider may not know your identity. If you are logged into your account with a third-party provider, the third-party provider may be able to associate information or actions about your interactions with the Matchspace platform with your account with that third-party provider. Please read the third party's privacy policy to learn more about its data processing practices.
  • Recommendations. When you are invited to Matchspace, the person who invited you may provide personal information about you, such as your email address or other contact information.

2.1.5. Data from Children
Our websites and applications are not intended for children under the age of 16. Of course, you can book courses for your children. In this case, we assume that you are entitled to give permission and agree that we process the necessary personal data of the child within the framework of a booking. The creation of a member account by or for a child under the age of 16 is not permitted. If you believe that we are processing a child's personal data improperly, we take this very seriously and ask you to contact us.

3. WE WILL PROCESS THE DATA WE COLLECT FOR THE FOLLOWING PURPOSES

We may use, store and process personal data to (1) provide, improve and develop the Matchspace platform, (2) create and maintain a trustworthy and secure environment (e.g. to comply with our legal obligations and ensure compliance with Matchspace policies) and (3) for advertising and marketing purposes and to personalize, measure and improve marketing measures.
3.1. Provision and Fulfillment of Matchspace Services
We may use personal data to provide the Matchspace platform and offer you our services. In particular, we provide the following data processing within the performance of a contract (Art. 6 (1b) GDPR):

  • to enable you to access and use the Matchspace platform,
  • to enable you to communicate with other members (course providers and course participants),
  • to send you service or support messages, updates, security alerts, and notifications,
  • To enable you to use our company products (especially bookings of lessons).
  • To enable you to access and use the payment services.

3.2. Provision, Improvement and Development of the Matchspace Platform
We may use the personal data to provide, improve and develop the Matchspace platform, such as:

  • Operation, protection, improvement and optimization of the Matchspace platform, e.g. through analyses and investigations,
  • to offer you our customer service,
  • to send you administrative messages,
  • to enforce our terms of use,
  • If you provide us with the information of your contacts, we may process that information: (i) to facilitate your referral invitations, (ii) to send your requests for references, (iii) to detect and prevent fraud, (iv) for any purpose you approve at the time of collection.
  • to operate, protect, improve and optimize the Matchspace platform and to personalize and customize your experience (e.g., by suggesting course offerings or ranking search results), we may perform profiling based on your interactions with the Matchspace platform, your search and booking history, your profile information and preferences, and any other content you submit to the Matchspace platform; and
    We process this personal data for the above purposes based on our legitimate interest (Art. 6 (1f) GDPR) to improve the Matchspace platform and the associated improvements to the user experience.

3.3. Create and Maintain a Trusted and Secure Environment
We may use the personal information to create and maintain a trustworthy and secure environment:

  • To investigate and prevent fraud, spam, abuse, security incidents and other harmful activities,
  • To carry out safety investigations and risk assessments,
  • To comply with our legal obligations,
  • To investigate and prevent fraud, spam, abuse, security incidents and other harmful activities.
  • For carrying out safety investigations and risk assessments.
  • To fulfill legal obligations (e.g. money laundering regulations).
  • To enforce the terms of payment and other payment policies
  • To resolve disputes with our members and to enforce our agreements with third parties.
  • In connection with the above activities, we may perform profiling based on your interactions with the Matchspace platform, your profile data and other content you submit to the Matchspace platform, and information provided by third parties. In certain cases, automated processes may restrict or suspend access to the Matchspace platform if such processes indicate an activity that, in our opinion, poses a security risk or other risk to the Matchspace platform, our community or third parties. If you dispute the decision based on the automated process, please contact us as described in the Contact Us section below.
  • To identify and verify members, we may process identification documents or other information from members and use information from external databases and sources.
  • For fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analysis and customer service, we can review, scan or analyze your communications via the Matchspace platform. As part of our anti-fraud efforts, for example, we scan and analyze messages to hide contact information and refer to other websites. In some cases, we may also scan, review, or analyze messages to correct, improve, and improve product offerings. To the extent reasonably practicable, we use automated procedures. Occasionally, however, for purposes such as fraud detection and customer support or to access and improve the features of these automated tools, we may need to manually review some communications. We will not review, scan or analyze your communications to send you marketing messages from third parties. We will not sell audit results or communication analyses.

We process personal data for the above purposes based on legitimate interest (Art. 6 (1f) GDPR) to protect the Matchspace platform, measuring the appropriate performance of our contract with you and complying with applicable laws. Insofar as local regulations oblige us to take such control measures and if necessary, we may process personal data based on the compliance with legal obligation (Art. 6 (1c) GDPR).
3.4. Provide, Personalize, Measure and Improve Our Advertising and Marketing
We may use your personal information to provide, personalize, measure and improve our advertising and marketing:

  • To send you promotional messages, marketing, advertising and other information that may be of interest to you based on your preferences (including information about Matchspace or partner campaigns and services) and social media advertising via social media platforms such as Facebook or Google), unless applicable law permits an opt-out solution, in this case we will ask for your consent.
  • To personalize, measure and improve our advertising,
  • To conduct referral programs, loyalty rewards, surveys or other promotional activities or events sponsored or conducted by Matchspace or third party business partners,
  • To create a profile based on your characteristics and preferences (based on the information you provide, your interactions with the Matchspace platform, information from third parties and your search and booking history) to send you promotional messages, marketing, advertising and other information that we believe may be of interest to you, in this case we will ask for your consent.
  • Subscribing to an email subscription does not affect the frequency of administrative emails we send in connection with a Matchspace account.
  • To the extent permitted by applicable law, we may use certain personal information about you, such as your email address, to hash and share it with social media platforms such as Facebook or Google, to generate leads, direct visitors to our websites, or otherwise promote our products and services or the Matchspace platform. These processing activities are based on our legitimate interest in marketing activities to provide you with products or services that may be of interest to you.

We will process your personal data for the purposes set out in this section based on the legitimate interest (Art. 6 (1f) GDPR) of carrying out marketing activities to provide you with products or services that may be of interest to you.
For certain advertising and marketing activities you will be asked for consent (Art. 6 (1a) GDPR) before we process your personal data for these specific purposes. In particular, we request your consent:

  • To use your personal data for direct marketing (via newsletter, advertising e-mails, SMS, telephone) or to inform you about competitions. If applicable law allows an opt-out solution, we may send you messages without prior consent.
  • To store cookies or other tracking technologies on your terminal provided that the applicable law requires consent.

Your consent can be revoked at any time. You can adjust your settings using the corresponding settings on the Matchspace platform. You can also customize your email preferences by clicking on "Unsubscribe". Alternatively, you can also send an e-mail to revoke your consent.

4. How Do We Use Tracking Technologies (Especially Cookies) in Connection with the Use of Our Website?

If you use the Matchspace platform, we may automatically collect personal data about the services you use and how you use them. We can use appropriate tracking and analysis technologies for this purpose.

  • Logging of data and device information. When you use the Matchspace platform, we automatically collect log data and device information even if you have not created a Matchspace account or have not signed in. These data include, but are not limited to: Information about how you used the Matchspace platform (including any links you clicked to third-party applications), IP address, access data and times, information about the hardware and software used, device information, device event data, unique identifiers, crash data, cookie data, and the websites you visited or interacted with before or after using the Matchspace platform.
  • Cookies and similar technologies. Matchspace uses cookies and similar technologies to provide, protect and improve the Matchspace platform. This privacy statement explains how and why we use these technologies and what choices you have. A cookie is a small data file that is transferred to your device (e.g. your telephone or computer). For example, a cookie may allow us to recognize your browser while another may store your preferences. Two types of cookies are used on the Matchspace platform: (1) "session cookies" and (2) "persistent cookies". Session cookies usually expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be reused the next time you access the Matchspace platform. We also use other technologies with similar functionality to cookies, such as mobile identifiers and tracking URLs, to obtain log information. For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a particular message or accessed a particular link. Most browsers automatically accept cookies, but you can change your browser settings to refuse cookies by going to the Help section of your browser's toolbar. Your mobile device may allow you to control cookies via its setting function. For more information, see the device manufacturer's instructions. If you choose to decline cookies, some parts of the Matchspace platform may not work.
  • Pixel and SDKs. Third parties, including Facebook, may use cookies, web beacons and other storage technologies to collect or receive information from our websites and other locations on the Internet and to use that information for measurement services and targeted advertising. Apps enable third parties, including Facebook, to collect or receive information from your app and other apps and to use that information for measurement services and targeted ads. You can opt out of collecting and using information for promotional purposes by updating your ad preferences in your Facebook account. For more information about the use of these technologies, please see our Cookie Policy.

5. DISCLOSURE AND DISSEMINATION

5.1. Advertising and Social Media; Distribution with Your Consent
If you have consented, we may disclose your information, including personal information, to others in accordance with your instructions or the information provided at the time of consent, for example, if you allow a third party application or website to access your Matchspace account or if you participate in promotions by Matchspace partners or third parties.
If you share contents of our website via social plug-ins (e.g. like button), data will be exchanged with the social media platforms from this point on. The social media platforms to which your personal information is shared are not controlled or monitored by Matchspace. Therefore, you should only share content via social media platforms if you consent to the sharing and processing of your personal information by those platforms. How such service providers process your personal data can be found directly in the data protection regulations of the respective provider.
5.2. Data Exchange between Members
To enable bookings or other interactions between Members, we may need to share some of your information, including personal information, with other Members to the extent necessary to reasonably fulfill the contract between you and us as follows:

  • When you make a booking request as a course participant, certain information about you is passed on to the course provider. This includes your profile, your full name and all other necessary information.
  • If you as a course provider have a confirmed booking, the course participant will be provided with certain information to coordinate the booking, such as your profile, your full nameyour contact details for live online lessons, and the address at which the course will be held.

Your payment and withdrawal information will not be shared with other members.
The purpose of the processing is based on the completion of the contract (Art. 6 (1b) GDPR).
5.3. Profiles, Advertisements and other Publicly Available Information
On the Matchspace platform you can publish information, including personal data, in such a way that it is visible to the general public. For instance:

  • Parts of your public profile page such as your first name, your personal description and your place of residence can be viewed by others.
  • Advertisement pages are publicly accessible. They contain information such as the course location, the description of the advertisement, information about the availability, the public profile picture of the course provider as well as all other information that you pass on.
  • After completion of a booked course, course participants and course providers can evaluate each other. Such ratings and ratings are part of your public profile page and can also be displayed elsewhere on the Matchspace platform (e.g. in the ad).
  • When you submit content to a community or discussion forum, blog, social media post, or similar feature on the Matchspace platform, that content is visible to everyone.

Because of our legitimate interest in marketing the Matchspace platform, we may display portions of the Matchspace platform (such as your advertisements) on websites operated by Matchspace business partners that use technologies such as widgets or APIs. If your ads are displayed on an affiliate page, information from your public profile page may also be displayed.
Information you share on the Matchspace platform can be indexed by third party search engines. In some cases, you can disable this feature in your account settings. If you change your preferences or your public content, these search engines may not be able to update their databases. We have no influence on the methods of the search engines. You can use caches that contain your outdated information.
5.4. Compliance with Laws, Response to Legal Inquiries, Prevention of Damage and Protection of Our Rights
Matchspace may disclose your information, including personal information, to courts, law enforcement and other government agencies, tax authorities or authorized third parties when and to the extent required or permitted by law, or when such disclosure is reasonably necessary for the following purposes: (i) to comply with our legal obligations, (ii) to respond to any claims brought against Matchspace in accordance with the requirements of a lawsuit, (iii) to respond to valid inquiries in connection with a criminal investigation or an alleged or suspected unlawful act or any other act that may impose legal liability on us, you or other users; (iv) enforce and apply our Terms of Use, Payment Terms or other agreements with Members; (v) to detect and prevent fraud, risk assessment, customer support, product development and troubleshooting; or (v) to protect the rights, property or personal safety of Matchspace, our employees, other Members or the public.
The disclosure of your information may be necessary to comply with our legal obligations, to protect the vital interests of you or another person or to protect the legitimate interest of us or a third party in the security of the Matchspace platform, to prevent harm or crime, to enforce or defend rights, or to prevent harm by facilitating the collection of taxes and the prevention of tax evasion and damage.
Where appropriate, we will notify Members of legal requests, unless (i) the legal process itself, a court order served on us or applicable law prohibits such notification, or (ii) we believe that such notification would be futile or unsuccessful, would constitute a risk of injury to the body or health of a person or group of persons, or would constitute a risk of fraud to the detriment of Matchspace, other Members or the Matchspace platform.
5.5. Service Providers
Matchspace uses various external service providers to provide services related to the Matchspace platform. These service providers may be located within or outside the European Economic Area ("EEA"). Our service providers are mainly located in Europe, Asia and North America.
For example, service providers can support us in the following activities:

(i) verifying or authenticating your identification documents;

(ii) matching the data with public databases;

(iii) assisting with background or police checks, fraud prevention and risk assessments;

(iv) product development, maintenance and troubleshooting;

(v) providing Matchspace services via third party platforms and software tools (e.g. integration with our APIs);

(vi) providing customer services, advertising services or payment services.

These service providers have limited access to your personal information to perform these functions on our behalf and are contractually obligated to protect it and to use the personal information only in accordance with our instructions. Matchspace will take contractual measures to ensure an adequate level of protection.
5.6. Corporate Mergers
In the event that Matchspace merges, acquires, restructures, sells, becomes bankrupt or involved in any such transaction, we may sell, transfer or transfer our assets, including your information, in connection with such transaction or in consideration of such transaction (e.g., due diligence). Within the scope of the examination (e.g. due diligence) of such a transaction, we have a legitimate interest in making certain personal data accessible to an interested party. If your personal data is transferred to a new controller as part of such a transaction, we will inform you in advance and grant you a right to opt-out. If you make use of such a right, we cannot guarantee that you will be able to make full use of our services.
5.7. Aggregated Data
We may also share aggregated data (information about our users that we combine to no longer identify or refer to an individual user) and other anonymized data for regulatory compliance, industry and market research, research, demographic profiling, marketing and promotional purposes, and other business purposes.

6. OTHER IMPORTANT INFORMATION

6.1. Link to Third-Party Accounts
You can link your Matchspace account to your account with a social networking provider. Your contacts with these third parties are referred to as "Friends". If you make this connection,

  • some of the information you provide us by linking your account may be published in your Matchspace account profile;
  • your activities on the Matchspace platform can be displayed to your friends on the Matchspace platform and/or the relevant third party website;
  • a link to this third-party social network can be included in your public Matchspace profile;
  • Matchspace users may be able to see friends you share with them or whose common friend you may be;
  • the information you provide to us through the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes;
  • the publication and display of any data you transmit to Matchspace through this link will be governed by your settings and permissions on the Matchspace platform and the third party website.

We will only collect your information from linked third-party accounts to the extent necessary to ensure the proper performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
6.2. Third-Party Partners and Integrations
The Matchspace platform may contain links to external websites or services, such as external integrations, co-branding services or third-party services ("External Partners"). Matchspace does not own or control these external partners. When you interact with them, you can transfer data directly to the external partner, Matchspace, or both. These external partners have their own rules for the collection, use and disclosure of data. We encourage you to read the privacy statements of other websites you visit.
Parts of the Matchspace platform may use third-party services such as Google Maps, including the Google Maps API(s), and Stripe for payment processing. The use of these services is subject to their privacy policies, such as Google Maps' Additional Terms of Use and Google and Stripe's Privacy Policy.

7. YOUR RIGHTS

7.1. Manage Your Information
You can access and update some of your information in your account settings. If you've connected your Matchspace account to a third-party application such as Facebook or Google, you can change your Facebook or Google Account settings in their account settings. If you lose access to these third parties, you can contact our customer service to change your account information. It is your responsibility to keep your personal data up to date and to keep your access data and passwords secure.
7.2. Data Access and Portability
In some jurisdictions, applicable law may allow you to request copies of the personal information we hold about you. You may also be entitled to request copies of any personal information you have provided to us in a structured, common and machine-readable format and/or to ask us to share that information with another service provider. Matchspace may, within the limitations provided for by law, refuse the disclosure in whole or in part, determine the format itself or make the disclosure subject to a fee.
7.3. Data Storage and Deletion
We store your personal data as long as it is necessary for the fulfillment of the respective purpose as well as the performance of the contract between you and us and for the fulfillment of our legal obligations. In certain jurisdictions you may request that all your personal data be deleted completely. If you wish your personal data to be deleted, please note the following points:

  • We may store some of your personal information for our legitimate business interests, such as fraud detection and prevention, and increased security. For example, if we block a Matchspace account for security or fraud reasons, we may store certain information from that Matchspace account to prevent that member from opening a new Matchspace account in the future.
  • We may store and use your personal data to the extent necessary to fulfill our legal obligations. For example, Matchspace may store some of your data for accounting, tax, legal reporting and auditing purposes.
  • As long as we may need this information to establish, exercise or defend a legal claim.
  • Information that you have shared with others (e.g. reviews, forum posts) can still be publicly visible on the Matchspace platform after you have terminated your Matchspace account. However, the assignment of this information to you is canceled. In addition, some copies of your data (e.g. logs) may remain in our database, but are separated from personal identifiers.

7.4. Revocation of consent and restriction of processing
If we process your personal data on the basis of your consent, you can revoke this consent at any time by sending an e-mail to Matchspace customer service or to the contact address in section 1, in which you specify which consent you revoke. The recall can also be carried out in the settings of the platform itself or by clicking on "unsubscribe". Please note that the revocation of your consent has no influence on the legality of processing before their revocation. In addition, applicable law in some jurisdictions may allow you to limit the manner in which we use your personal data, particularly if (i) you dispute the accuracy of your personal data; (ii) the processing is unlawful and you refuse to delete your personal data; (iii) we no longer need your personal data for the purposes of the processing but you request the data to establish, exercise or defend a claim; or (iv) you do the processing under Section 6.6 and you have not verified that Matchspace's legitimate interests outweigh your own. The exercise of a revocation may lead to the result that you can no longer use all functions or may have to cancel the agreement.
7.5. Objection to the Processing
In some jurisdictions, applicable law may entitle you to require Matchspace not to process your personal data for specific purposes (including profiling) if such processing is based on legitimate interests. If you object to such processing, Matchspace will not process your personal data for these purposes unless we can prove compelling legitimate reasons for such processing or such processing is necessary for the establishment, exercise or defense of legal claims. If your personal data is processed for direct marketing purposes, you may at any time request Matchspace to cease processing your data for such direct marketing purposes by sending an email to customer.service@matchspace.com The exercise of the right of objection can at best lead to the fact that not all functions or contractual services can be used any longer or the contract is even completely dissolved.

8. SECURITY

We have implemented appropriate technical and organizational measures to protect your data from unauthorized access, loss, destruction or alteration. The measures are continuously reviewed and improved. Some of the security measures we take to protect your information include firewalls and data encryption, as well as controls on data access. Unfortunately, the transmission of information over the Internet is not completely secure, which is why we cannot guarantee the security of the data transmitted over the Internet to our website. If you know or have reason to believe that the credentials to your Matchspace account have been lost, stolen, misappropriated or otherwise compromised, or there is actual or suspected unauthorized use of your Matchspace account, please contact us by following the instructions in the Contact Us section.

9. CHANGES TO THIS PRIVACY POLICY

Matchspace reserves the right to change this privacy statement at any time in accordance with this provision. If we make changes to the privacy statement, we will post the changed privacy statement on the Matchspace platform and update the date of the "last update and version" at the beginning of the privacy statement. We will also notify you of the changes at least thirty days before they take effect. If you do not agree with the amended privacy policy, you may terminate your Matchspace account immediately and free of charge. If you do not terminate your Matchspace account prior to the effective date of the amended Privacy Policy, your continued access to or use of the Matchspace platform will be subject to the amended Privacy Policy.

Matchspace GmbH

Gartenstrasse 22
8704 Herrliberg

Phone: +41 44 516 89 65
Email: info@matchspace.com

Registered with the Commercial Register Office of the Canton of Zurich
Commercial register no.: CHE-246.833.046

This website and all intellectual property contained in this website is subject to the copyright of Matchspace GmbH.

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