Privacy policy



This Privacy Policy governs the manner in which TheCouchers collects, uses, maintains and discloses information collected from users (each, a "User") of the www.thecouchers.com website ("Site"). This privacy policy applies to the Site and all products and services offered by thecouchers srl.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

TheCouchers may collect and use Users personal information for the following purposes:
  • - To improve customer service
    Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • - To personalize user experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • - To improve our Site
    We may use feedback you provide to improve our products and services.
  • - To run a promotion, contest, survey or other Site feature
    To send Users information they agreed to receive about topics we think will be of interest to them.
  • - To send periodic emails
    We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the site allow visitors to share content onto social networks. Cookies are currently set by Twitter, Facebook and Google. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of our website. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on this website. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.

The Website of thecouchers.com integrates Plugins of the social network www.facebook.com, operated by Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA ("Facebook"). You can identify the Facebook Plugins by the Facebook-Logo or the Like-Button. If you click on the button "Login with Faceboo", the Facebook Plugin will be activated and sets up a direct connection between your browser and Facebook. TheCouchers cannot review which data is transferred during this direct connection to Facebook or how Facebook uses this data. The information, which webpages of TheCouchers you have visited, will be transmitted. If you have logged on to Facebook, this information will be connected to your Facebook Account and can be associated with your person. The same applies, if you click on the Like-Button and if you make comments. You can avoid the data transfer to Facebook by not clicking on the Facebook Button. You can receive additional information concerning the further use and storage of your Personal Data by Facebook Inc. at: http://www.facebook.com/privacy/explanation.php

Advertising

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

Google Adsense

Some of the ads may be served by Google. Google's use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

Compliance with children's online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

TheCouchers has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
www.thecouchers.com


Terms of use

Applicability

The following Terms of Service (ToS) govern the access to and the use of the services provided by TheCouchers. (TheCouchers) to the users of its services (Users). These services are referred to as the TheCouchers Services. TheCouchers will not accept ToS other than these ToS unless explicitly agreed upon in writing. By using the TheCouchers Services you agree to be bound by the ToS. TheCouchers reserves the right to modify its ToS at any time, particularly in order to implement legal requirements or functional changes. TheCouchers will notify its Users about the changes. By the continued use of the Services you agree to be bound by the revised ToS. You can view, download and print the current version of the ToS at www.thecouchers.com/terms.

Services offered by TheCouchers

TheCouchers operates a Discovery Platform that suggests items that are of interest to the User. On this platform you can rate items (referred to as Rating) and receive personalized recommendations (referred to as Recommendations) based on the Ratings.
Users have access to the Discovery Platform via the website thecouchers.com or after downloading the application which is offered for certain mobile telephones or other mobile devices (the TheCouchers App).
TheCouchers may provide its Users with administrative messages regarding the TheCouchers Services. These communications are part of the TheCouchers Services.

Registration and User Account

You Have Sole Responsibility When Interacting with Other Members. Our Services provide a platform for members to learn about one another, arrange stays and travel, engage in activities and communicate with one another. TheCouchers is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
Members may organize in-person meetings and host events for other TheCouchers members; however, these events are not sponsored or endorsed by TheCouchers and members attend such meetings and events at their own risk. In addition, TheCouchers members may sign up to become TheCouchers Ambassadors and contribute their time to activities that support the TheCouchers community, such as meeting new members, organizing events and answering questions. TheCouchers Ambassadors are not agents of TheCouchers and TheCouchers is not responsible or liable for any acts or omissions of these Ambassadors.
A prerequisite for the use of the TheCouchers Services is the Users registration. The User may register by giving his name, email address and choosing a password or by using the Facebook Connect, Twitter Signup button or any other third pary authentication provider TheCouchers may choose, which allows TheCouchers to receive directly from these authentication providers additional data which the User has provided to these providers. In the course of registration, the User shall accept TheCouchers Terms of Service. The registration and the TheCouchers Services are free of charge.
Only natural persons of unlimited legal capacity over 13 years of age, legal entities and partnerships are allowed to register.
When registering, the User shall provide true, complete and correct data. If the given data changes after registration, the User shall correct the data in his User Account. TheCouchers may check or have checked the data provided by the User for plausibility and refuse or revoke the registration.
During the registration, the User selects his email address and password (the Access Data), which he will need to access the Services. The User shall ensure that the Access Data will not become known by a third party. Should third parties receive access to TheCouchers Services, through the abuse of Access Data due to fault of the User, the User shall be responsible for any activities or actions which take place under his User name. TheCouchers shall not be liable for loss or damages, which result from the abuse or loss of the Access Data.
The User may delete his User Account at any time. The User's Ratings will remain with TheCouchers but only in an anonymized format (meaning they cannot be connected to the identity of the user). They and the License granted according to section 6 of these ToS remain unaffected from any deletion of the User Account.
Member Content Restrictions. You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:
(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) contains offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive files viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.
TheCouchers is not responsible for any Member Content that you or other members post, transmit or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may report it by clicking on the "Report!" or its successor link located near such content. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Information posted on the Discovery Platform

The user may opt to make his submitted TheCouchers Ratings public. The TheCouchers Ratings of this user may then be distributed on the Discovery Platform. A User should only set his profile to public if he wants his TheCouchers Ratings to be made public. The ratings and profile picture of a user will be visible to the people the user is connected with on Facebook.
TheCouchers does not guarantee that the TheCouchers Recommendations are complete, truthful, accurate or reliable and does not endorse any Recommendation. Under no circumstances is TheCouchers liable for any TheCouchers Recommendation or any consequences thereof.

Legality of Content

The User is solely responsible for any TheCouchers Rating that he posts on the Discovery Platform and for any consequences thereof.
The use of TheCouchers Services for commercial, self-promotional or advertising purposes is prohibited. The User agrees not to post advertising or automated messages with the same or similar content (Spam) or to invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions. The User also agrees not to post any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding the Services), could interfere with the operation of TheCouchers Services.
TheCouchers will respond to notices of alleged violation against these ToS if they have been properly provided. At all times and at its sole discretion, TheCouchers reserves the right to remove TheCouchers Ratings alleged to be violating any of these ToS from the Discovery Platform without prior notice, the right to refuse to distribute any TheCouchers Rating on the Discovery Platform, to terminate User Accounts with immediate effect and refuse a new registration of the respective User. The User shall be liable for any damage to TheCouchers due to a posting inconsistent with these ToS.

License regarding the TheCouchers Ratings

By submitting a Rating on the Discovery Platform, the User grants TheCouchers and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the Ratings (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Ratings. The User also permits any other User of the Site to access, display, view, store and reproduce such Ratings for personal use. Subject to the foregoing, the owner of such Ratings placed on the Site retains any and all rights that may exist in such Ratings.

Liability

TheCouchers shall only be liable for willful intent or gross negligence. TheCouchers shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of a service, as far as there is no maliciously concealed defect, default or impossibility for which TheCouchers is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the User relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
As far as thecouchers liability is excluded or limited, the same applies for the personal liability of TheCouchers officers, employees, representatives and agents.
Liability for subsequent damage, for instance loss of earnings and similar indirect damage and compensation for useless expenditures is excluded.
Under the current state of technology, due to maintenance work or interference with communication networks of third parties, data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. Therefore, TheCouchers does not ensure and is not liable for constant and uninterrupted availability, accuracy, security and reliability of its Discovery Platform. TheCouchers will not be liable for any harm to the Users computer system, technical failure, data loss or other harm resulting from the User's access to TheCouchers Services or from any TheCouchers Recommendation. TheCouchers cannot guarantee that its website is virus-free. The User shall take all necessary safety measures and install the latest security updates in order to prevent viruses.
The User is solely responsible for any TheCouchers Rating that he submits to the Discovery Platform and for any consequences thereof. TheCouchers does not control the ratings submitted on the Discovery Platform and cannot take responsibility for these. TheCouchers is therefore neither liable for any TheCouchers Rating nor for any link to a third partys website, or availability, accuracy, content or services from such websites.

Copyrights
TheCouchers reserves all copyrights and similar rights with regard to the TheCouchers Services. The User is obliged to recognize and comply with the copyrights. Data Protection

TheCouchers strives to handle all personal User data (such as name and email address) (the Personal Data) in strict confidence according to statutory provisions and to collect, process, store and use the Personal Data only for the purpose of executing the contract, unless the User expressly consents to other uses. The Personal Data are collected, used and processed electronically. Please see the separate Data Privacy Statement for more detailed information.
The User consents explicitly to the collection, use and processing of his or her Personal Data according to the Data Privacy Statement.

Venue and Applicable Law
For these ToS and all legal relations between the User and TheCouchers, German Law shall apply without the provisions of the German Conflict of Laws and the International Sale of Goods. If the User is a consumer, the legal provisions and rights in the country of the User's residence remain unaffected.
Jurisdiction over any disputes arising in connection with TheCouchers shall lie with the courts in Berlin, Germany, as far as legally admissible
Severability Clause
Should individual provisions of these ToS shall be or become void, the validity of the remaining provisions hereof shall in no way be affected. The parties will undertake to replace the invalid provision in mutual consent by a valid provision, which approximates the economic purpose of the invalid provision as closely as possible. The same shall apply if the provisions are found to be incomplete.



This document was last updated on December 08, 2012