Terms of Use

1.1

SP Safe Profile eG ("we", "us") offers the Pia service, a personal information assistant for organizing and controlling your master data and attributes (hereinafter also the "Pia app").

The aim is to make it transparent and controllable for users which data is shared with companies and to what extent. If you, as the data subject, decide to share data, you may receive consideration in return.

Users of the Pia app services are consumers within the meaning of Section 13 of the German Civil Code (BGB) (hereinafter "you", "user").

1.2

The Pia app creates attributes from information you provide in the front end and stores and/or accesses them in the back end. Front ends may be the Pia app itself, plug-ins on companies or institutions, or software used on end devices of those companies. Unlike master data, which relates to an identified or identifiable natural person, attributes that represent personal characteristics do not allow identification.

1.3

Pia is provided as a mobile application ("app") via the Apple App Store (iOS) and the Google Play Store (Android) for mobile devices with iOS and Android operating systems. Use of the app's basic functions is unlimited in time and free of charge, regardless of scope of use and data volume.

When you use chargeable platform functions, fees apply in accordance with the respective current price list and the provisions on remuneration under Section 10 below. The platform is also available via a business partner's app using Pia technology.

1.4

By giving your consent, you authorize the processing and disclosure of attributes—and in exceptional cases your master data—to requesting companies. Each individual processing/disclosure requires separate consent. The GDPR permits the use of all data across all areas of life in this context.

1.5

These terms of use govern exclusively the relationship between you and SP Safe Profile eG with regard to your use of the platform and SP Safe Profile eG's services. Transactions with partners and third parties are governed exclusively by the terms agreed in each case.

2.1

To use the platform, you must download and install the Pia app or a business partner's app using Pia technology from the app store. You must have an account with the app store for this purpose.

2.2

To use the Pia app, you must also be registered with us as a user. After downloading the app, you register your user account on the platform. You thereby receive a personal, limited, non-exclusive license for the duration of the user agreement, which is not transferable, to install the app on mobile devices linked to the app store account.

2.3

By registering, you accept these terms of use and a user agreement between us and you is formed in accordance with these terms of use. Upon completion of registration, the Pia app is ready for use.

3.1

We continuously develop the platform to constantly improve your user experience. We are therefore entitled to change or supplement the service owed by us or parts thereof. If there is a compelling reason, in particular to adapt the platform to a new technical environment or to increased user numbers, we are also entitled to make changes to the platform that do not constitute an improvement or extension.

3.2

If the respective change is not merely an improvement or extension, we will notify you of the change in writing or by email at least six (6) weeks before it takes effect.

3.3

If the change means that essential characteristics of the service owed by us are no longer present after the change is implemented, you may object to the change in writing or by email within thirty (30) days of receipt of the change notice. If you do not object, the changes or supplements become part of the contract. We will inform you in the change notice of the possibility of objection, its consequences, and the consequences of failing to object. If you object in good time, we will terminate the contract with you with ordinary notice at the earliest possible date.

We make the platform available with reasonable availability at the network egress point of the data center we use ("handover point"). We assume no responsibility for the telecommunications connection between the handover point and the end devices you use. In particular, we do not warrant availability of the public internet in general. You are responsible for connecting your end devices to the internet.

5.1

We grant you the right to use the platform functions (in their respective current version) in accordance with the following provisions for the duration of the user agreement. This also applies to any updates (new versions of the platform without new functionality) or upgrades (new versions of the platform with additional functionality) that we make available during the term of the contract.

5.2

We expressly reserve all rights beyond this. Copyright usage rights, e.g. to download, reproduce, or modify the platform, are not required for intended use and are expressly not granted to you.

5.3

You may not add platform elements or change, delete, or otherwise modify elements of the platform. In particular, you are not permitted to copy, extract, or otherwise use graphic elements or to download and/or decompile the platform's program code.

6.1

To use the platform, you need in particular an end device, the Pia app or a business partner's app using Pia technology, and an internet connection. You are responsible for providing the necessary technical requirements. Details of the hardware and software requirements for the app and the platform can be found in the respective app stores. We therefore recommend that you check compatibility with your end device before downloading.

6.2

In particular due to ongoing developments in information technology, the hardware and software requirements for using the platform may also change. It is therefore possible that over time you will need to adapt the hardware and software you use for the platform to such changed requirements (see also Section 3).

7.1

You are obliged, when using the platform, in particular with regard to content or information you provide, to comply with all applicable laws and regulations and third-party rights. In particular, you are prohibited from:

• using content protected by law (e.g. under copyright, trademark, patent, design, or utility model law) without being entitled to do so, or advertising, offering, and/or distributing goods or services protected by law without being entitled to do so;
• using offensive or defamatory content, regardless of whether such content relates to other users or other persons or companies;
• using pornographic, violence-glorifying, abusive, immoral, or youth-protection-law-violating content, or advertising, offering, and/or distributing pornographic, violence-glorifying, abusive, immoral, or youth-protection-law-violating goods or services;
• unreasonably harassing other users, in particular through spam and unauthorized advertising (cf. Section 7 of the German Act Against Unfair Competition (UWG));
• carrying out or promoting anti-competitive conduct.

You are also obliged to take measures appropriate to the current state of the art to prevent data containing malware, such as viruses or trojans, from reaching the platform.

7.2

You are obliged to provide only truthful information in the data you submit. SP Safe Profile eG is not liable for transactions with companies based on false information.

7.3

You are prohibited from disclosing your access credentials or using third-party access credentials. This does not apply to explicit registration as a multi-user, for example a family. In such a case, we are entitled to take necessary measures, in particular to suspend your account until security is restored. You are generally liable for all activities carried out using your access credentials unless you are not responsible for them. If you lose your access credentials or suspect misuse, you must inform us without delay and change the access credentials.

7.4

If you violate Section 7.1, 7.2, 7.3, or Section 5.3, we are entitled to block or remove such content, temporarily suspend your access to the platform, and, if the conditions under Section 13.4(c) are met, terminate the contract extraordinarily.

7.5

In the event of disruptions to the platform, you are obliged to inform us without delay via the contact options indicated on the platform.

7.6

If a third party asserts claims against us based on infringement of its protective rights due to your contractual breach in using the platform, you are obliged to indemnify us against the third party's claims (including costs of legal defense).

7.7

You grant us the right to use content you post in connection with your use of the platform for the duration of the contract in the manner required to provide the platform with its full functionality. Any data protection consents granted remain unaffected.

If the platform is defective, you are entitled to demand remedial performance within the scope of the statutory provisions. Other statutory rights remain unaffected.