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Terms & Conditions
This website is the property of OPEN social audio GmbH (referred to as “OPEN”, “we”, “us” or “our”), a legal entity incorporated in Austria. By accessing the website at https://www.joinopen.app, you are agreeing to be bound by these terms of service and privacy policy, all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Disclaimer
The materials on OPEN social audio GmbH’s website are provided on an ‘as is’ basis. OPEN social audio GmbH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OPEN social audio GmbH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this website.
Limitations
In no event shall OPEN social audio GmbH or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on OPEN social audio’s website, even if OPEN social audio GmbH or a OPEN social audio GmbH authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on OPEN social audio GmbH’s website could include technical, typographical, or photographic errors. OPEN social audio GmbH does not warrant that any of the materials on its website are accurate, complete or current. OPEN social audio GmbH may make changes to the materials contained on its website at any time without notice. However OPEN social audio GmbH does not make any commitment to update the materials.
OPEN social audio GmbH has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk.
Modifications
OPEN social audio GmbH may revise these terms of service for its website at any time without notice. By using the OPEN social audio GmbH’s website you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Austria and you irrevocably submit to the exclusive jurisdiction of the courts in Austria.
Participation in the free Beta (test phase)
You can register for the free Beta (test phase) on a waiting list without obligation via the OPEN social audio website. OPEN social audio GmbH always guarantees that participation in the free Beta is free of charge, although mobile data costs can occur as per your mobile and/or internet provider. By registering without obligation, you agree to be contacted by OPEN in the future in connection with the free Beta (test phase) and other use of OPEN, specifically in order to be able to register for the free Beta (test phase). For the registration for the non-binding and free Beta, OPEN social audio GmbH uses the GDPR-compliant software Prefinery.
You also have the option of inviting other people to the free Beta (test phase) via a personalised link and thereby changing your position on the waiting list. Should one of your referred friends sign up too until the end of August, we provide you lifelong access to all features of our app, as long as we continue to host this service and offer it for the broad public. This does not entitle you to demand the continuance of our service, nor makes us liable in any way for not continuing it for whatever reason.
You can unsubscribe from the Beta (test phase) waiting list at any time by contacting us via email: [email protected].
OPEN does not guarantee that all registered users will be able to take part in the beta phase, nor later on use the services provided by OPEN.
OPEN reserves the right of ending the beta phase at any point in time without notice. After the test phase OPEN might offer paid subscriptions and/or other paid features and/or products. The users will be informed about any costs.
Data Privacy
OPEN social audio GmbH (referred to as “OPEN”, “we”, “us” or “our”) is a Data Controller and responsible for your personal data and is registered in Plankengasse 6/22b, 1010 Vienna, Austria with the company number: FN 548612 h.
Collected Data
We collect:
- Your email address in order to contact you.
- Locational data. This means data we get about where you are, such as may come from your mobile phone or the address where you connect a computer to the internet.
- Behavioural data. These are details about how you use our products and services and social media.
- Technical details. Meaning details on the devices and technology you use.
- Communication. What we learn about you from letters, emails and conversations between us.
Data Collection
You directly provide OPEN with most of the data we collect. We collect data and process data when you:
- Register via our website for any of our products or services.
- Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
- Use or view our website via your browser’s cookies.
- Add additional information via our website.
Data Usage
OPEN collects your data so that we can:
- Create, administer and manage your account.
- Email you special offers on other products and services we think you might like.
Data Storage
OPEN strives to securely store your data only within the EU or the European Economic Area (EEA). However, it can also happen that data is transferred outside the EU/EEA. If this happens, OPEN ensures that the data protection complies with the GDPR and that the third country is subject to an adequacy decision of the European Union, Standard Contract Clauses (SCC) or other mechanisms to lawfully transfer data are in place. Any data is always stored for as long as OPEN requires it for processing or until you demand otherwise.
Data protection rights
All your data belong to you. OPEN would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access: You have the right to request OPEN for copies of your personal data. We may charge you a small fee for this service.
The right to rectification: You have the right to request that OPEN correct any information you believe is inaccurate. You also have the right to request OPEN to complete the information you believe is incomplete.
The right to erasure: You have the right to request that OPEN erase your personal data, under certain conditions.
The right to restrict processing: You have the right to request that OPEN restrict the processing of your personal data, under certain conditions.
The right to object to processing: You have the right to object to OPEN processing of your personal data, under certain conditions.
The right to data portability: You have the right to request that OPEN transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email:
Write to us: [email protected].
Cookies
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.
Cookies usage
OPEN uses cookies in a range of ways to improve your experience on our website, including:
- Keeping you signed in.
- Understanding how you use our website.
Types of cookies
There are a number of different types of cookies, however, our website uses:
- Functionality – OPEN uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
- Advertising – OPEN uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address.
How to manage cookies
You can set your browser not to accept cookies. However, in a few cases, some of our website features may not function as a result.
Privacy policies of other websites
The OPEN website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
Changes to our privacy policy
OPEN keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 12.07.2021.
Appropriate authority
Should you wish to report a complaint or if you feel that OPEN has not addressed your concern in a satisfactory manner, you may contact: Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, Austria.
Impressum:
OPEN social audio GmbH
Plankengasse 6/22b, 1010 Wien, AT
FN 548612 h
Geschäftsführerin: Loredana Claudia Marta