Terms of Use / Data Protection «Fensterplatz» App

1. Data Processing

The Appenzeller Bahnen AG, St. Gallerstrasse 53, CH-9101 Herisau (hereinafter «AB»), operates the app «Fensterplatz». Depending on the settings selected by the user and the consent given, the app and the program features can collect the following data on the associated server, process it and store it on a user account:

If consent is given, the user can receive the following within the app:

If consent is given, the app can transmit the following data to the web server:

This data will be used exclusively for the trouble-free and geo-referenced reproduction of the app content. It will not be passed on to third parties, but will be used for the geo-referenced extraction of content that may also originate from third parties. By using the app, the user gives his consent to the collection, processing and transmitting of the data mentioned above.

AB uses appropriate security systems to protect personal and customer data against foreseeable risks. AB only collects and processes data related to the use of the app. The app user acknowledges that data processing on behalf of AB is carried out by IT service providers in Switzerland and abroad.

2. Storage Period

The information collected in connection with the use of the app is stored as long as the user uses the app. Following the final use of the app, the information is stored for a maximum of 2 years. AB does not guarantee the backup of this user data.

3. Customer Rights

The user has the right to revoke his consent to the processing and storage of his information. In this case, however, the continued use of the app is no longer possible. The user can ask AB for information about his data and its respective processing, as well as request the correction, deletion or restriction/suspension of the data or data processing.

Questions regarding data protection can be sent to the following address:

Appenzeller Bahnen AG
Marketing und Verkauf
St. Gallerstrasse 53
9100 Herisau

4. Legally Compliant Use and Social Media Connections

The user must ensure that he complies with the applicable laws when using the app. In addition to criminal law, this includes data and privacy protection, telecommunications legislation and enforcement legislation, copyright and related rights in particular. The app enables sharing content on social media. In this context, the user undertakes to observe the following guidelines:

5. Liability

AB does not guarantee the uninterrupted trouble-free operation for your services nor the trouble-free operation at any particular time. The company does not assume any liability for data transmission on existing carrier networks. Liability for operational interruptions, in particular for troubleshooting, maintenance or the introduction of new technologies, is hereby excluded. AB does not guarantee the integrity of data stored or transmitted via its system or the internet. Any warranty for the accidental disclosure, damage or deletion of data sent and received via its system or stored there is excluded. Content is distributed free of charge and for information and entertainment purposes. With regard to the distributed content, any liability arising from advice given is hereby excluded. In particular, AB accepts no responsibility for damage suffered by customers or third parties as a result of misuse of the app by third parties (including viruses).

6. User Responsibility

The user is responsible for his own hardware and software components and for regularly updating them as well as for the confidentiality of his login data. AB cannot guarantee that the internet access is available on all end devices. The user is responsible for taking the necessary security precautions to ensure a secure data flow.

7. Special Provisions

If one or more provisions of these Terms of Use should prove to be invalid or void, the remaining provisions will not be affected. The remaining provisions will remain unchanged and will retain their validity. The void provision(s) shall be replaced by provisions that are as economically equivalent and lawful as possible. This also applies in the event of a loophole. In the event of contradictions between the different language versions of these Terms of use, the German version shall prevail. Only Swiss substantive law is applicable to the present provisions. For any disputes arising directly or indirectly from this contract, the exclusive place of jurisdiction is AB's registered office in Herisau.

valid from 1.August 2018