Legal Stuff

 

 

Brand

Rawr

Name and address of the company
Rawr GmbH
Hilkat 146
6874 Bizau

Company register number
FN 437160 N
Court: Landesgericht Feldkirch

Email
contact@rawr.at

 

 

 

 

 

 

Terms of Services of Rawr GmbH

1 Scope

These Terms of Services (′′TOS′′) of Rawr GmbH, FN 434494 M, Hilkat 146, 6874 Bizau, (′′Rawr′′) apply to all agreements between Rawr and the customer regarding the use of the Rawr Platform accessible via Rawr.at. All services provided by Rawr are subject to these Terms of Services.

2 Object, Conclusion and Amendments of Agreement

2.1 Object of Agreement

By conclusion of the Agreement Rawr grants the customer the non-exclusive and non-transferrable right, limited in time by the contract term, to use the Rawr Platform the customer accesses via Rawr.at.

The granting of the right to use and the services provided by Rawr under the Agreement are referred to as “Service Package”.

2.2 Service Package

Features, character and design of the Service Package selected by the customer are specified as follows:

  • By registration as customer of Rawr.
  • By the services by the time of registration (see Section 3 of these TOS).
  • By the Agreement’s term selected by the customer (see Section 4 of these TOS).
  • By the technical specifications of the Rawr Platform (see Section 7 of these TOS).

2.3 Conclusion of Agreement

The conclusion of the Agreement regarding the use of the Rawr Platform is effected by the customer sending the completed registration and the activation of the respective services by Rawr.

2.4 Amendments to Terms of Services

The customer will be informed by e-mail of any amendment to these Terms of Services. If the customer does not object to such amendment within four weeks via e-mail, the amended Terms of Services shall apply to the Agreement in place, provided, however, Rawr has explicitly indicated this legal consequence in the e-mail regarding the amendment. Subject to the aforementioned, in any case an amendment to the Terms of Services shall apply to the Agreement where its term is extended automatically according to Section 3.

3 Description of Services

  1. The Service Package provides an opinion / comment platform that helps to build an active community from website audiences.
  2. The Service Package includes access to Rawr Platform via an Application Programming Interface (“API”).
  3. In addition to other functionalities, the Service Package provides:
  • Inline media embedding (“RAWR Widgets”) that allows full integration of Rawr functionality with existing media services
  • Tag Manager – a technology to easily connect articles with the Rawr Widgets based on specified keywords (“tags”).
  • Rawr user pages, hosted by Rawr, to review, collect and publish opinions on social media as well as to provide further arguments on other published Rawrs;

4 Term and Termination

  1. For each edition, the customer may choose between a contractual term of one-month and one-year. The monthly term shall be automatically extended by a further month, unless terminated by one of the parties with three days’ notice to the end of the initial or the extended monthly term. The annual term shall be automatically extended by a further year, unless terminated by a party with four weeks’ notice to the end of the initial or the extended annual term. Notice of termination requested by the customer has to be made via e-mail to the email-address provided by Rawr in Section 11. Notice of termination requested by Rawr will be carried out via email to the customer’s primary email-address, which they deposited in the Rawr Platform.
  2. The customer will be reminded of the termination sufficiently prior to the expiration of the terms referred to in Section 4.1. of these TOS, if necessary with notice that the costs will change in case of the extension of the term.
  3. The right to terminate the Agreement for good cause remains unaffected. Rawr shall be entitled to terminate the Agreement for good cause particularly in the event of the customer’s violation of the obligations specified in section 5 of these TOS.

5 Prices and Payment Options

  1. The prices for the Service Package as notified in the course of the customer’s registration shall apply. All prices quoted are net prices, plus value added tax.
  2. Depending on the Service Package, the customer may choose between the offered online payment options and payment by invoice.
  3. If the term of the Agreement is extended automatically according to Section 4.1 of these TOS, the prices listed in the notice according to Section 4.2 shall apply from the beginning of the extended term. The customer’s payments for the extended term shall be made according to the originally selected method of payment.
  4. If the customer defaults with his payment obligations, Rawr may ban the customer from the connection to the Rawr Platform.

6 The customer’s Obligations

  1. For the duration of the contractual term and subject to the observance of these TOS, the customer has the restricted right to access and to use the service for internal business purposes in accordance with the edition chosen by the customer. Neither the service nor its use must be licensed, sub-licensed, sold, resold, rented, leased, transferred, assigned, distributed, provided on timeshare basis, otherwise commercially exploited or made available to third parties, except to authorized users and external users to favor the customer’s internal business purposes.
  2. The customer needs a high-speed internet connection for the correct transfer of the service.

7 Technical specifications of the Rawr Platform

7.1 Infrastructure

The operation of the Rawr Platform is hosted within the EU.

7.2 System Availability

Based on several servers, as a rule, the Rawr Platform and it’s monitoring is availabe 24 hours a day. During non-core time, however, the availability may be limited due to maintenance work.

7.3 Core time

Core time is the time between 05:00 a.m. and 08:00 p.m. (CET/CEST) on business days (Monday – Friday). In individual cases and after prior notification, maintenance work may be required during core time.

7.4 Maintenance and Maintenance Time

Updates of the Rawr Platform are possibly made at time rands. The customer will be informed in good time, if possible with 10 days’ notice, about date, duration and extent of maintenance work carried out outside those hours.

7.5 Safety

The Rawr Platform uses a SSL encryption to encrypt the data of the communication with the Platform according to the current state of art based on a trustworthy public certificate. All technical components of the Rawr Platform are located in a Virtual Private Cloud (VPC). Separate firewalls secure all relevant components within the VPC. The servers are in the same availability zone, but we are using two independently lines and a Backup Strategy connected hereto ensures highest data security.

8 Compensation

  1. Rawr’s liability for slight negligence is excluded, to the extent permitted by mandatory law.
  2. Rawr is not liable for indirect damages and consequential damages, delay damages, loss of profits or claims of third parties against the the customer, to the extent permitted by mandatory law.
  3. The amount of the customer’s compensation claims against Rawr is limited to the fees paid by the customer for the use of the Rawr Platform, to the extent permitted by mandatory law.

9 Confidentiality and Data Protection

With regard to the collection of personal data, we refer to the separate Data Privacy Declaration.

10 Applicable Law, Legal Venue

The Agreement between Rawr and the client is governed by Austrian Law. The legal venue, to the extent permitted by mandatory law, is Dornbirn, Austria.

11 Communication and Support

All communication of the customer which are made according to these TOS should be sent by e-mail to:

contact@rawr.at Support queries should also be sent to the aforementioned e-mail address.

12 Miscellaneous

Should any provision of these Terms of Services be invalid in whole or in part, the remaining provisions shall remain valid. The contracting parties shall replace the invalid provision by a valid provision which reflects the intention of the parties upon conclusion of the Agreement and their economic interests to the greatest possible extent. The same applies to gaps in these Terms of Services.

(as of: 24.10.2016)

 

 

 

 

 

Data Privacy Policy rawr.at
Rawr GmbH collects, uses and processes your personal data only under the terms of
Austrian Data Protection Law. In the following, we would like to inform you about the kind,
extent and purpose of the collection and the use of personal data. This instruction can be
retrieved at any time on our website rawr.at.

Consent and Right of Revocation
In the course of your registration process, you consent with the collection, processing, use
and the transfer of your personal data by ticking off a checkbox, as described in this Data
Protection Declaration.
You may revoke your consent with future effect. In this case, please contact us via email or
letter to the address stated under “Contact” at the end of this Data Privacy Declaration.

Personal Data and Data Transfer

The data we’re collecting, concerns:
1. Personal data, which you enter voluntarily by signing up to RAWR via the Sign-Up or other
similar services.
2. Tracking information we receive during the use of our services.

1. personal data:
You allow RAWR to collect your personal data on the use of its service to process, store and
use, if necessary, to enable the use of the service for you. If you’re signing up to more RAWR
services (eg. newsletters, contest) with your personal data (name, address, etc.), the
received data will be collected, stored and processed as part of the agreed service.
RAWR ensures that your data will be treated confidentially.
After your voluntary consent RAWR is entitled to collect personal information in order to
process or store, combine it with other data, to archive and to use. This consent takes place
in writing or by clicking on an appropriate statement. RAWR is entitled to disclose personal
data for the purposes of advertising, market research and other commercial services to third
parties after your consent. If you agreed on the use of your personal data for particular
purposes, you can withdraw this authorization at any time. The data will then be deleted by
RAWR. Unless your consent data were transmitted to third parties, these third parties are
immediately informed and asked to delete the data. You are entitled to limit the consent to
use your data. Then there only is a cancellation in the context of the restriction.
In order to avoid interference and for the fulfillment of the legal and contractual duties,
RAWR is entitled to have access to this data. Without your consent a data transfer just allow
in the following cases:

  • if we use other companies, which are supporting us by processing order, e.g.
    perform orders, to process the billing process, to provide customer services, to ship
    goods or for other things, that are necessary for our performance;
  • if we were required by law or due to a court decision to transfer your personal data,
    we will (if permitted) inform you without delay of the data disclosure
  • if our publishers are asking us to transfer this data or if they access it via our API.

You are allowed to view your personal data at any time and also correct or delete it. If this
technically isn’t possible at the address where you left your data information, you have the
possibility to ask for your personal information via the following email address:
contact@rawr.at. Requests for cancellation or modification of the data will be compiled
shortly with this contact address.

2. Tracking Information
In the offers of RAWR we store and collect general, non-personal usage data. Below you will
find a list of uses and the web analytics services we use.
In order to allow analysis of the use of our website, we use so-called “Cookies”. Cookies are
text files that are stored locally on your computer and allow a recognition when you return
to our site. This technology allows RAWR to recognize you as a visitor and also to offer you
special customized services. For a better understanding of the usage behavior of our users,
IP addresses can be stored in encrypted form. Encryption is made by an md5-Hash-method,
which excludes that the IP addresses of users can be identified or later be restored. You can
adjust your browser setting in a way, that you are informed about the use of cookies and
then decide individually about their acceptance or if you want to reject cookies in certain
cases or general rule. When you do not accept cookies, the functionality of our site will may
be limited.
This tracking information is allowed to be used for the following uses:

  • to improve our offers and services
  • to measure the traffic and the general usage patterns
  • as information for the advertiser about the user habits and characteristics of our customers
  • market research

This information is collected without your explicit consent. If you want to block the tracking,
follow the description we stated above. If you adjust your browser accordingly, the tracking
providers listed below should accept your request and do not further track you. We cannot
guarantee that the blocking will be fully applied by them.
So if you visit RAWR from home and work or with different browsers, you have to change
your settings on any computer and on every different browser again.

RAWR is using following methods for measurements:

(a) methods of measuring:
Anonymization of the IP-address
Each device that is required for the transfer of data in the Internet needs a unique address,
the so-called IP-address. The at least temporary storage of the IP address is technically
required by the operation of the Internet. There is no storage or processing of the full
IP-address, after we once processed it for our service.

Geolocation to the level of States / Regions
A so-called geolocation is the classification of a website call, on the basis of the dynamic
IP-address and within the geographical level of the federal states / regions to the place the
call has been made.

(b) DoubleClick: DoubleClick provides a technology for the playout of advertising. We are
currently working on an Opt-Out solution. We will link it here when it is available.

(c) Google: In order to improve and further develop RAWR and its offers and services,
Google Analytics, a web analytics service, and Google Remarketing and Google AdWords is
used. These are services of Google Inc. ( “Google”). Google uses so-called. “Cookies”, text
files that are stored on your computer, to help analyze how users use the website. The
information generated by the cookie about your use of this website (including your IP
address) is transmitted to a Google server in the USA and stored there.

The IP-anonymisation is not active on this website at the moment. Your IP address will be
shortened by Google for the member states of the European Union or other parties from
the Agreement of the “European Economic Area”. Only in exceptional cases your full IP
address will be transferred to a Google server and shortened in the USA.
Google will use this information to evaluate your use of the website, to create reports on
the website activity for the website operators and also to provide other internet related
services of the website. Google may also transfer this information to third parties, if they
were required by law or such third parties that are processing the information on behalf of
Google. Third party vendors, including Google, show you ads on sites of the Internet. They
are using persistent cookies to serve ads that are based on someone’s last visits to this
website.

Google will not associate your IP address with any other data. You may refuse the use of
cookies by adjusting your browser software; however, we point out that you can optionally
not get the use to their full extent, e.g in this case not all features of this website. Google
will use this information to evaluate your usage of the website, to produce reports on
website activities for the website operators and to provide other services regarding website
activity and internet usage. If necessary, Google will transmit this information to third
parties, if this is legally required or when third parties process this data on behalf of Google.
On no account Google will associate your IP-address with any other data held by Google.
You may adjust your browser software to prevent the installation of cookies; however, we
would like to point out that in this case you might not be able to make full use of all the
functions on this website. By the use of this website you explain yourself in agreement with
the treatment of the data raised over you by Google as described above and for the purpose
set out above.
You can object to the collection of data by Google Analytics with future effect by installing a
deactivation add-on for your browser (http://tools.google.com/dlpage/gaoptout?hl=de).

The data collection and storage can be revoked at any time, with effect for the future. For
more information about the terms of the Google page:
https://www.google.com/intl/de/policies/privacy/.

(d) Optimizely: To perfect representations and functions to offer, based on the
development of our offers A / B testing and multivariate analyzes, which are reacted with
the web analytics service Optimizely of Optimizely Inc.. This service uses cookies to identify
the browser of a visitor and to analyze the use of this website. The cookies do not collect
personal data. More information about how Optimizely processes your data, please click
here. You can disable the Optimizely tracking anytime by following the instructions:
www.optimizely.com/opt_out.
(e) Facebook remarketing / retargeting: Remarketing tags of the social network Facebook
(1601 South California Avenue, Palo Alto, CA 94304, USA) are integrated into the pages of
our website. When you visit our website, these remarketing tags establish a direct
connection between your browser and the Facebook server. This informs Facebook of your
visit to our site together with your IP address. Facebook is then able to assign this visit to
your user account. We subsequently use the information thus obtained for the display of
Facebook Ads. We wish to point out that we, as providers of the site, have no knowledge of
the content of the data transmitted or of its use by Facebook. For more information, you
should refer to Facebook’s privacy policy here: https://www.facebook.com/about/privacy/.
If you do not want your data to be acquired via Custom Audiences, you can disable Custom
Audiences here: https://www.facebook.com/ads/website_custom_audiences.

(f) Segment.io: RAWR uses segment.io as a tool for collecting data. The collected data is
processed by passing it on to other software providers (e.g. mixpanel.com). The
user/customer can find Segment.io’s privacy policy here: https://segment.io/privacy.
Segment.io’s service is subject to their terms and conditions: https://segment.io/terms

(g) Mixpanel: This website uses Mixpanel, a piece of software for the analysis of user
accessing. Mixpanel uses so-called “cookies”, text files that are saved on your computer and
which allow analysis of the user’s/customer’s use of the website. The information generated
by the cookie about the use of this internet presence by the user/customer is saved on the
server of the provider. The user/customer can prevent the installation of the cookies by
making an appropriate adjustment to their browser software; RAWR points out to the
user/customer, however, that in this case the user/customer may not be able to use all
functions of this website in their full extent.

(h) Hotjar: This website uses Hotjar web analytics service by Hotjar Ltd. („Hotjar“). It
anonymously records the interaction by randomly selected, individual visitors to the
website. This creates a log of mouse movements and mouse clicks, for example, with the
aim to identify opportunities for improvement of the respective website. Hotjar uses
“Cookies”, which are text files placed on your computer to help the website analyse how
you use the site. In order to exclude personally identifiable information, IP addresses are
only stored and processed anonymously. In addition, information about the operating
system, browser, incoming and outgoing references (links), geographical origin as well as
resolution and type of device used for statistical purposes are analysed. This information is
not personally identifiable and will not be disclosed by us or by Hotjar to third parties. If you
prefer not to have your session recorded, you can disable this feature for all websites that
use Hotjar by placing the DoNotTrack header in your browser. For further information,
please visit: https://www.hotjar.com/opt-out.

(i) Share Buttons: We use „Share Buttons“ of several Social Media Platforms on our website.
By clicking on a Share Button, a connection will be established via the user’s browser at
short-term to the server of the respective Social Media Platform by which the Share
Functions are rendered. For further information on the Share Functions and whether
personal data will be saved by the Social Media Platform, please check the Data Protection
Declaration of the Social Media Platform.

(j) Customer.io: Customer.io is a service from Peaberry Software Inc. for managing e-mail
addresses and for the sending of messages. Customer.io offers statistical evaluation
possibilities of usage data. These include information on whether an e-mail reaches the
recipient or has been rejected by the server. All individual evaluations, based on the email
address will not be used by us. If you do not want your data to be processed by customer.io,
we would ask you to remove yourself from our service. Learn more about privacy and about
the cookies used on the Internet under http://customer.io/privacy-policy.html.

(k) Intercom.io: We use third-party analytics services to help understand your usage of our
services. In particular, we provide a limited amount of your information (such as your email
address and sign-up date) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data
for analytics purposes when you visit our website or use our product. Intercom analyzes
your use of our website and/or product and tracks our relationship so that we can improve
our service to you. We may also use Intercom as a medium for communications, either
through email, or through messages within our product(s). As part of our service
agreements, Intercom collects publicly available contact and social information related to
you, such as your email address, gender, company, job title, photos, website URLs, social
network handles and physical addresses, to enhance your user experience. For more
information on the privacy practices of Intercom, please visit
http://docs.intercom.io/privacy. Intercom’s services are governed by Intercom’s terms of
use which can be found at http://docs.intercom.io/terms. If you would like to opt out of
having this information collected by or submitted to Intercom, please contact us.

(l) Facebook and Twitter OAuth Application: For registration, RAWR uses OAuth technology
and apps of Facebook and Twitter. By registering and authorising the respective application,
the user/customer grants RAWR access rights to the data of the selected social media
accounts. In the case of Facebook this concerns: e-mail, public profiles (publicly accessible
information such as: ID, name, sex, language) and lists of the user’s friends. The Twitter
application requests the following rights: reading tweets from the timeline and displaying
who the user/customer follows. This information is processed and saved for the purpose of
registration.

Newsletter
The user expressly agrees with the receipt of newsletters. Those newsletters will inform the
user about news regarding our services on a regular basis. The newsletter may be
unsubscribed via the link at the end of each newsletter or via email to contact@rawr.at.

Right to information
As a user of our internet offering, you may demand information about the data stored in
relation to your person. Upon request, this information may also be provided in electronic
form.

Contact
For information or explanations regarding the use of your data, please contact:

Rawr GmbH
Hintere Achmühlerstraße 1a
6850 Dornbirn

E-Mail: contact@rawr.at

We reserve the right to adapt the above Data Protection Declaration at any time in
accordance with legal provisions.

(As of: 24.10.2016)