Navigation

1. About us
2. Data processing purposes, legal bases and legitimate interests
3. Your rights
4. Changes
5. Contact

1. About us

Trust today xyz Limited (A-tree) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

2. Data processing purposes, legal bases and legitimate interests

We process personal data for specified purposes. The extent and manner in which your data is processed depends in particular on the Services of our website to which you make use of them. We respect the privacy of our Users and the privacy of their client data. You retain all rights to your data. We will not sell, share data. We will not access your data for non-administrative reasons.

Visit of our website: You can visit our website purely for information purposes without further communication of personal data. When you visit our website, only the technical access data transmitted by your browser is automatically stored, i.e. the name of your Internet service provider, the page from which you are visiting us, the date and time of your visit and the identification data of the browser/operating system used.

The web server necessarily also stores your IP address, which may, under certain circumstances, allow an assignment to your person. In addition, we use cookies in order to be able to provide you with our website in an optimized and demand-oriented form, even for purely informational use (for the relevant details and your corresponding design options, see below in the section ”Cookies”).

The storage of the aforementioned access data is carried out in so-called server log files on our web server and is necessary for technical reasons to provide a functional website and to ensure system security. In addition to the above-mentioned purposes, we use access data exclusively for the demand-oriented design and optimization of our Internet offer purely statistically and without inference to your person.

If you visit our website in order to obtain information about our range of products and other Services or to use them, the temporary storage of access data and log files is based on Art. 6 Para. 1 lit. b DSGVO (legal basis), in particular for the purpose of implementing pre-contractual measures. Furthermore, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the temporary storage of access data and log files.

Our legitimate interest here is to provide you with a technically functioning and user-friendly website and to ensure the security of our systems. The access data collected during the use of our website is only stored for the period of time for which this data is required to achieve the above-mentioned purposes. Your IP address is stored on our web server for a maximum of 7 days.

Google Analytics: Our website uses Google Analytics, an analysis service from Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“). Google Analytics uses so-called “cookies“, files that are stored on your computer and which are employed to provide an analysis of your use of our sites. The information collected by the cookie regarding your use of the site is generally transferred to Google servers in the US and stored there. In the event IP anonymization is activated for this website, Google will crop your IP address if it originates from within a member state of the European Union or any parties to the Agreement on the European Economic Union. Only in exceptional cases will a complete IP address be forwarded to Google servers in the US and then cropped. IP anonymization has been activated on our websites. Google makes use of the information it collects on behalf of the site provider in order to furnish analysis of your use of our site, to compile reports on website activity and to provide us with other services relating to the use of our site and internet use in general. According to Google, Google Analytics will not merge the IP address provided by your browser with other data held by Google. You can prevent cookies from being stored on your browser by setting your browser software so that it will not accept cookies; please note, however, that by doing so, you may not be able to make full use of all the functions available at our website. In addition, you can prevent cookies from gathering data for Google about your use of our sites (incl. your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. As an alternative to using a browser add-on or when using a browser on a mobile device, you can click on this link instead in order to prevent Google Analytics from collecting data on your use of our websites (This opt-out will only work in this particular browser and only for this particular domain). An opt-out cookie is then saved to your device. If you delete this cookie from the browser, you will need to click on the link again in order to continue preventing Google Analytics from operating on our websites. Our websites make use of the Google “+1“ button, a web plugin from Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google“). This button is labelled with “+1“. Whenever you access one of our websites that contains the Google “+1“ button, your browser establishes a direct connection to the servers at Google. Google then transmits content via the plugin directly to your browser and from there they are incorporated into the website itself without any action on our part. By incorporating the plugin, Google is informed that you accessed the site. This occurs simply by loading the button, even if you do not click on it. If you are registered with Google, Google can associate your visit to our website with your own Google account. If you click on the “+1“ button or if you leave a comment, this information is transmitted from your browser via the plugin directly to Google and saved there. The purpose and scope of the data collected and the rules governing how this data is processed and used by Google as well as your rights in this regard and the browser settings you can use to protect your privacy are therefore not included here. Instead, you should consult the data protection policies at Google. If you prefer that Google not use the “+1“ button to collect data on your use of our sites, you will need to log out of Google each time before visiting one of our sites.

Cookies: On our website we use cookies. Cookies are text files that enable us to make your visit to our website comfortable. These include, for example, presets for the presentation of our website as well as for the viewing of videos and use of chat function. These cookies are temporarily stored on your computer and only sent to our servers when you visit our website. We use “session cookies” that are not stored on your hard drive and are deleted when the browser is closed or after a long period of inactivity. They do not damage your computer and contain no viruses. Through our temporary cookies we temporarily store your session ID (session number), which is automatically generated by the server at the beginning of your visit to our website, for the aforementioned purposes. You can view and delete cookies stored on your computer and check handling of cookies in general via your internet browser’s settings. For more information, please contact your browser or use your internet browser’s help function. Please note that the functionality of our website may be restricted or unavailable, if you do not allow cookies.

3. Your rights

You have a number of important rights, under the General Data Protection Regulation in relation to your personal data and our processing of this data, free of charge. In summary, those include rights to:

1. demand access to your personal information in a generally accepted, machine-readable format and have the right to transmit those data to a third party in certain situations;
2. require us to correct or update any mistakes in your information which we hold;
3. demand that we delete the personal information concerning you in certain situations. Note, the ”Delete Account” option in your Settings does not delete the entirety of the data we hold about you, only that which relates directly to your active A-tree Account subscription;
4. restrict our processing of your personal information in certain circumstances, and opt in or opt out of certain uses of your data.

We store personal information for as long as you use our Service or as may be necessary to fulfill the purposes for which the information was collected, provide our Service, resolve disputes or establish legal defenses, enforce our Terms or other agreements, engage in audits, protect our Service, prevent fraud, comply with the law, or for legitimate business purposes. If you would like to exercise any of those rights, please email us at help@a-tree.app.

4. Changes

As we are constantly trying to improve the A-tree website, we may change this privacy notice from time to time. By using the Services after any changes to the Privacy Policy have been published, you agree to the new Privacy Policy.

5. Contact

We hope that we can resolve any query or concern you raise about our use of your information. If you have any questions or concerns regarding our Privacy policies, please contact us at: help@a-tree.app.

Navigation

1. Third-Party & Changes
2. Prohibited Activities
3. Term and Termination, Suspension and other measures
4. Disclaimers
5. Liability
6. Indemnification
7. Miscellaneous and Modification of these Terms
8. Applicable Law and Jurisdiction
9. Contact

1. Third-Party & Changes

Our website may contain third-party websites or resources (“Third-Party Services”). We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Links to such Third-Party Services are not an endorsement by A-tree of such Third-Party Services. In addition to these Terms, your use of our website is subject to our ”Privacy Policy (Web)”. Therefore, you consent to the reliable collection and safe use of your data by A-tree, as set forth in the Privacy Policy, which from time to time can be updated, with the ultimate goal of improving and protecting your use. We cannot guarantee the continuous and uninterrupted availability and accessibility of the website. We may restrict the availability of the website or certain areas or features thereof, if this is necessary in view of the security or integrity of our servers, capacity limits, or to carry out maintenance measures that ensure the proper or improved functioning of the website. We may improve, modify and enhance the website and introduce new services from time to time. These terms and conditions create a contract (”Agreement”) between you and Trust today xyz Ltd. governing your access to and use of the website, including any subdomains thereof, and any other websites through which A-tree makes its services available (collectively, ”website”).

2. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the website. You may not, and will not assist or enable others to:

1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies and Guide;
2. as an individual, provide any false personal information to A-tree (including a false username) or create any account for anyone other than yourself without such other person's permission;
3. as a company, provide any false contact information to A-tree (including a false username) or create any account for anyone other than the company you represent without their permission;
4. use another person's or organization's e-mail address and phone number without their permission;
5. discriminate against or harass anyone on the basis of race, national origin, gender, gender identity, physical or mental disability, religion, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
6. copy, modify or distribute your access to the website for any purpose; or transfer, sublicense, lease, lend, rent or otherwise distribute the access to the website or the website to any third party;
7. publish any private information of someone, like their address, phone number, email address, financial information or similar information without their permission;
8. decompile, reverse-engineer, disassemble, or create derivative works of the website or website;
9. make the functionality of the website available to multiple users through any means;
10. use the website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the website for any purpose;
12. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the website;
13. publish falsehoods or misrepresentations that could damage A-tree, our Users or any third party;
14. collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation or spam purposes; or use the website in connection with the distribution of unsolicited commercial messages ("spam");
15. submit material or behavior that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law or causes harm to anyone.

3. Term and Termination, Suspension and other measures

You may terminate this agreement at any time by sending us an email, or by simply discontinuing using the service. We have the right to enable and disable your access to or use of the website for the purpose of operating the website, to (i) ensure your compliance with these Terms, or to (ii) comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. If you violate our Terms or otherwise create risk or possible legal exposure for A-tree, we can stop providing all or part of the website to you. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately.

4. Disclaimers

The website is provided “as is”, without warranty of any kind, either express or implied. If you choose to use the website, you do so voluntarily and at your sole risk. Without limiting the foregoing, we disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, quiet enjoyment, fitness for a particular purpose and non-infringement. We make no warranty that the website will meet your requirements or be available on a secure, error-free basis or that access thereto will be continuous or uninterrupted. No information or advice, whether written or oral, obtained through the website, or from A-tree will create any warranty not expressly made herein. The foregoing disclaimers apply to the maximum extent permitted by law.

5. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website, or any other communication or interaction with other Users, remains with you. In no event will A-tree, or any other party involved in creating, producing or delivering the website, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or (ii) the cost of substitute products or services, or for any damages arising out of or in connection with these Terms or from the use of or inability to use the website, from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not A-tree has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The aforementioned limitations of damages are fundamental elements of the basis of the Agreement between A-tree and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In the event of a breach of material obligations, the fulfillment of which is essential for the proper implementation of the Agreement and on the observance of which the party to the agreement may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the agreement, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.

6. Indemnification

You agree, to the maximum extent permitted by applicable law, to indemnify and hold harmless A-tree, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the website, including but not limited to your violation of this Agreement, your breach of these Terms or our Policies, your improper use of the website, your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights.

7. Miscellaneous and Modification of these Terms

This Agreement constitutes the entire agreement between A-tree and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A-tree, or by the posting by A-tree of a revised version. These Terms supersede and replace any and all prior oral or written understandings or agreements between A-tree and you regarding the website. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without A-tree's prior written consent. A-tree may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time, in accordance with this provision. If you use the website in any way after any change to the Terms has become effective, please remember that this means that you agree to all of the Terms.

8. Applicable Law and Jurisdiction

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and mobile applications will be governed by the laws of the Federal Republic of Germany and the EU, excluding its conflict of law provisions, and the correct place of jurisdiction for all disputes arising out of or in connection with this is our place of business. The European Commission provides an Online Dispute Resolution platform, which you can find here: www.universalschlichtungsstelle.de. Consumers have the possibility to use this platform to settle their disputes. In order to settle disputes arising from an agreement with a consumer or whether such an agreement exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in dispute resolution proceedings before this office.

9. Contact

If you have any questions about these Terms, please contact us at: help@a-tree.app

Address: Im Seefeld 16, 63667 Bad Salzhausen, Germany

Local court: Amtsgericht Friedberg HRB 8902

Contact: help@a-tree.app

Limitation of liability for internal content

The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages. Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.

Limitation of liability for external links

Our website contains links to the websites of third parties („external links“). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognizable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.

Copyright

The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilization beyond the scope of copyright law shall require the prior written consent of the author or authors in question.

Data protection

A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place. We would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities. The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.

Change

Insofar as advice or recommendations are given on the website of A-tree, we shall – without prejudice to any responsibility arising under the laws of contract, tort, or legal provisions of another nature – not be obligated to compensate for any harm or loss suffered by following the advice or recommendation. A-tree may – at any time, without notice, and at its discretion – change the content of its website or discontinue them entirely.

Morals

A-tree expressly dissociates itself from any content potentially giving rise to liability, criminal or otherwise, or that is contrary to good morals.

Navigation

1. Summary
2. Owner and Data Controller
3. Mode and place of processing the Data
4. Legal basis of processing
5. Place
6. Retention Time
7. The purposes of processing
8. Detailed information on the processing of Personal Data
9. Further information about Personal Data
10. Hosting and backend infrastructure
11. The rights of Users
12. Details about the right to object to processing
13. How to exercise these rights
14. Cookie Policy
15. Location Data Collection and Use
16. Additional information about User's Personal Data
17. System logs and maintenance
18. Links to Other Websites
19. Information not contained in this policy
20. Changes
21. Contact
22. Definitions and legal references

1. Policy Summary

Personal Data collected for the following purposes and using the following services

1. Beta Testing with TestFlight
   Personal Data: App information; device information; email address; first name; Usage Data; username; various types of Data as specified in the privacy policy of the service
2. Data transfer outside the EU
   Data transfer abroad based on standard contractual clauses: Personal Data: various types of Data

Hosting and backend infrastructure

1. Firebase Cloud Storage
   Personal Data: Usage Data; various types of Data as specified in the privacy policy of the service

Further information about Personal Data

1. Unique device identification
   This Application may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
2. Push notifications
   This Application may send push notifications to the User to achieve the purposes outlined in this privacy policy. Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for this Application, some or all of the apps on the particular device. Users must be aware that disabling push notifications may negatively affect the utility of this Application.

2. Owner and Data Controller

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Tracker; Usage Data; app information; email address; first name; username; device information

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.

Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

3. Mode and place of processing the Data

Methods of processing: The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

4. Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

1. Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
2. provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
3. processing is necessary for compliance with a legal obligation to which the Owner is subject;
4. processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
5. processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

5. Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

6. Retention Time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

1. Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
2. Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

7. The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Beta Testing and Device permissions for Personal Data access.

For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.

8. Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Beta Testing: This type of service makes it possible to manage User access to this Application, or parts of it, for the purpose of testing a certain feature or the entire Application.

The service provider may automatically collect data related to crashes and statistics related to the User's use of this Application in a personally identifiable form.

TestFlight (Apple Inc.): TestFlight is a beta testing service provided by Apple Inc.

Personal Data processed: app information; device information; email address; first name; Usage Data; username; various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy ↗.

Californian consumers: Category of personal information collected according to CCPA: identifiers; internet information. This processing constitutes a sale based on the definition under the CCPA. In addition to the information in this clause, the User can find information regarding how to opt out of the sale in the section detailing the rights of Californian consumers.

9. Further information about Personal Data

Push Notifications This Application may send push notifications to the User to achieve the purposes outlined in this privacy policy. Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for this Application, some or all of the apps on the particular device.

Users must be aware that disabling push notifications may negatively affect the utility of this Application.

Data transfer outside the EU The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.

Users can inquire with the Owner to learn which legal basis applies to which specific service.

Data transfer abroad based on standard contractual clauses (this Application) If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Owner according to “standard contractual clauses” provided by the European Commission.

This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact the Owner through the contact details provided in the present document.

Personal Data processed: various types of Data.

Californian consumers: Category of personal information collected according to CCPA: internet information.

10. Hosting and backend infrastructure

This type of service has the purpose of hosting Data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application.

Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Firebase Cloud Storage: Firebase Cloud Storage is a hosting service provided by Google Ireland Limited or by Google LLC, depending on the location this Application is accessed from.

Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: Germany – Privacy Policy ↗; Germany – Privacy Policy ↗.

11. The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

12. Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

13. How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

14. Cookie Policy

This Application uses Trackers. To learn more, the User may consult the Cookie Policy ↗.

15. Location Data Collection and Use

We may collect and process information about your location when you use our app, including through GPS, Wi-Fi, and other location-based technologies. This information may be precise or approximate depending on the method of collection.

How We Use Location Data: We use your location data to provide location-based features and services, such as e.g., real-time location tracking, nearby user matching, location-based recommendations. Your location data may also be used to improve the app's functionality and ensure that the services are accurate and responsive to your needs.

Location Data Sharing: If you opt to share your location with others through the app, we may share your location with other users for the purposes of e.g., proximity-based features, location-based interactions. We do not sell, rent, or share your precise location data with third parties for their own marketing purposes without your explicit consent. We may share your location data with trusted service providers (e.g., cloud storage or analytics providers) who assist in operating or improving the app, but they are prohibited from using the data for any other purpose.

User Control Over Location Data: You have control over the collection and sharing of your location data. You can enable or disable location services for this app at any time through your device's settings. You can also opt-out of sharing your location with other users by adjusting the app's privacy settings.

Data Retention: We retain your location data only as long as necessary to provide the services you request and improve the functionality of the app. Once the data is no longer needed, it will be deleted or anonymized. You may request the deletion of your location data by contacting us at help@a-tree.app ↗.

Data Security: We implement industry-standard security measures to protect your location data from unauthorized access, alteration, or disclosure. This includes encryption and secure storage protocols.

Your Rights: You have the right to access, update, or delete your location data. You may also withdraw your consent for location data collection by adjusting your device's settings or contacting us directly.

16. Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

17. System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

18. Links to Other Websites

This Application may contain links to other websites that are not operated by the Owner. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

19. Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled: This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

20. Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Your California Privacy Rights: If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa ↗

California's "Shine the Light" law (Civil Code Section §1798.83) permits users of this Application that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email to help@a-tree.app ↗

Children under the Age of 13: This Application is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: help@a-tree.app ↗

21. Contact

If you have any questions about this Privacy Policy, you can contact us:

By email: help@a-tree.app ↗

22. Definitions and legal references

Personal Data (or Data): Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data: Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User: The individual using this Application who, unless otherwise specified, coincides with the Data Subject.

Data Subject: The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor): The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner): The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application. (Described as either "the Owner", "We", "Us" or "Our" in this policy, referring to Trust today xyz Limited, Im Seefeld 16, 63667 Bad Salzhausen, Germany)

This Application: The means by which the Personal Data of the User is collected and processed.

Service: The service provided by this Application as described in the relative terms (if available) and on this site/application.

European Union (or EU): Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookie: Cookies are Trackers consisting of small sets of data stored in the User's browser.

Tracker: Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.

Legal information: This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation). This privacy policy relates solely to this Application, if not stated otherwise within this document.

Navigation

1. Terms
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Prohibited Activities
6. User Generated Contributions
7. Contribution License
8. Guidelines for Reviews
9. Mobile Application License
10. Submissions
11. Third-Party Websites and Content
12. Local Places Submission
13. Language
14. App Management
15. Privacy Policy
16. Copyright Infringements
17. Term and Termination
18. Modifications and Interruptions
19. Applicable Law and Jurisdiction
20. Corrections
21. Disclaimer
22. Limitations of Liability
23. Indemnification
24. User Data
25. Community Guidelines
26. Communications
27. Miscellaneous
28. Contact

1. Terms

If you do not agree with all of these terms and conditions, then you are expressly prohibited from using this Application and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.

The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Application is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Application.

By accepting these Terms you also agree to our Privacy Policy ↗.

2. Intellectual Property Rights

Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the European Union, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.

3. User Representations

By using the Application, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms of Use;
4. you are not under the age of 13;
5. not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
6. you will not access the Application through automated or non-human means, whether through a bot, script or otherwise;
7. you will not use the Application for any illegal or unauthorized purpose; and
8. your use of the Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).

4. User Registration

You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Application, you agree not to:

1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Application.
4. Use the Application to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Application.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Application in order to harass, abuse, or harm another person.
14. Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
16. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
24. Use the Application in a manner inconsistent with any applicable laws or regulations.

6. User Generated Contributions

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

7. Contribution License

By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Guidelines for Reviews

We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

9. Mobile Application License

Use License: If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices: The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

10. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

11. Third-Party Websites and Content

The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. Local Places Submission

1. Ownership and Accuracy of Content: Users are solely responsible for the accuracy, legality, and completeness of any information they submit about local places, including but not limited to names, addresses, descriptions, and photos ("User-Generated Contributions"). By submitting a local place, users affirm that they have the right to do so, and that the submitted content does not violate the intellectual property or privacy rights of third parties, nor does it provide false or misleading information.
2. Prohibited Content: Users may not submit any content that is harmful, defamatory, discriminatory, infringing on intellectual property rights, or otherwise unlawful. Prohibited content includes, but is not limited to, the unauthorized use of trademarks, logos, and copyrighted material. The app reserves the right to review, modify, or remove any content that violates these Terms of Use or any applicable laws.
3. License to Use Content: By submitting User-Generated Content to the app, users grant the app a non-exclusive, worldwide, royalty-free, and sublicensable license to use, display, modify, and distribute such content within the app and for the purpose of providing the service. This includes the right to showcase, edit, and promote the local place content as needed.
4. Compliance with Local Laws: Users must ensure that the local places they submit comply with all applicable local, regional, and national laws and regulations, including, but not limited to, zoning laws, health regulations, and business registration requirements. The app is not responsible for any legal issues or liabilities arising from the creation or operation of a local place submitted by a user.
5. Trademarks and Branding: Users are prohibited from submitting content that infringes upon any trademarks, logos, or other intellectual property rights of third parties. The app does not endorse or claim ownership over any trademarks or other branded materials submitted by users. Users must obtain the necessary permissions before submitting such content.
6. Moderation and Review: All User-Generated Content submitted for local places is subject to review and approval by the app team. The app reserves the right to modify, remove, or refuse to publish any submitted content that does not comply with these Terms of Use or that is deemed inappropriate, inaccurate, or harmful.
7. No Liability for User-Generated Content: The app is not responsible for the accuracy, legality, or quality of any User-Generated Content, including information related to local places. Users access and use local place information at their own risk. The app does not guarantee the availability, accuracy, or completeness of any submitted content.
8. Right to Modify or Remove Submissions: The app is not responsible for the accuracy, legality, or quality of any User-Generated Content, including information related to local places. Users access and use local place information at their own risk. The app does not guarantee the availability, accuracy, or completeness of any submitted content.
9. Privacy and Data Use: By submitting content related to local places, users consent to the collection and use of any personal data they provide in accordance with the app's Privacy Policy. This includes, but is not limited to, location information, contact details, and any other personal data shared as part of the submission.
10. Dispute Resolution: If there is a dispute regarding the accuracy or legality of any User-Generated Contributions, including submissions related to local places, users should contact the app’s support team at help@a-tree.app ↗. The app will work to resolve any such disputes in a fair and timely manner, in accordance with its internal policies and procedures.

13. Language

(trust)® is a unique, non-monetary gesture system within the A-tree. It is not a currency, value, or exchangeable item, and does not have any underlying economic worth. Instead, (trust)® serves as a symbolic language and a positive sum gesture that enhances social interactions and player experiences in the game. Players can express (trust)® through actions, such as leaving a “footprint” or offering a virtual gesture, that promotes goodwill, support, or recognition. (trust)® cannot be purchased, traded, or converted into any in-game items or tangible rewards. It is not a transferable asset, nor does it have any financial or commercial value. The use of (trust)® is entirely voluntary and intended solely to foster positive engagement and interaction within the game environment. (trust)® is initialized and managed by a third-party provider fondationtrust.org, which facilitates the implementation and operation of this gesture system within A-tree. While (trust)® enhances social interaction, it is important to note that it is not part of any virtual economy and does not represent or constitute real-world value in any way. The (trust)® language is not associated with, nor tied to any specific local places or regions. It exists purely as a universal symbolic gesture within the context of the game, and its use is independent of any geographic context. By using (trust)®, players agree that it is a non-transactional feature, meant to contribute to the atmosphere of the game and encourage positive community interaction. Any attempt to misuse or manipulate (trust)® for personal gain or exploit its non-monetary nature will be subject to review and possible penalties under our Community Guidelines. (trust)® is not a part of any virtual economy and does not represent or constitute real-world value in any way. Its sole purpose is to serve as a gesture of positive interaction within the game.

14. App Management

We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy ↗. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application is hosted in the European Union. If you access the Application from the European Union (EU), Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the EU, then through your continued use of the Application or Services, you are transferring your data to the EU, and you expressly consent to have your data transferred to and processed in the EU.

16. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.

17. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

19. Applicable Law and Jurisdiction

Except to the extent applicable law, if any, provides otherwise, this Terms of Use, your use of the Application, or any access to the Website will be governed by the laws of the Federal Republic of Germany and the EU, excluding its conflict of law provisions, and the correct place of jurisdiction for all disputes arising out of or in connection with this is our place of business. The European Commission provides an Online Dispute Resolution platform, which you can find here: www.universalschlichtungsstelle.de. Consumers have the possibility to use this platform to settle their disputes. In order to settle disputes arising from an agreement with a consumer or whether such an agreement exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in dispute resolution proceedings before this office.

20. Corrections

There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.

21. Disclaimer

THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. Limitations of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of this Application remains with you. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The aforementioned limitations of damages are fundamental elements of the basis of the agreement between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation:

1. in case of injury to life, body or health; or
2. for intentional or grossly negligent breach of duty.

In the event of a breach of material obligations, the fulfillment of which is essential for the proper implementation of the agreement and on the observance of which the party to the agreement may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the agreement, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Community Guidelines

We want A-tree to be a positive and enjoyable space for everyone. To make sure we all have a great time, we ask that you follow these simple guidelines when interacting with others:

1. Be Respectful: Treat all players with kindness and respect. Harassment, hate speech, or any form of discrimination will not be tolerated. Everyone deserves a safe and welcoming environment.
2. Play Fair: Play the game as intended. Cheating, exploiting bugs, or using unauthorized tools to gain an advantage disrupts the experience for others and is against the rules.
3. Encourage Positivity: Games are a way to spread joy. Use them to show support, appreciation, and kindness to others in the community. Let’s create a friendly and positive atmosphere for everyone.
4. Protect Your Account: Keep your account secure and don’t share your login details with others. If you see any suspicious activity or behaviour, report it to us right away. Protecting your account helps protect the entire community.

By following these guidelines, you help make A-tree a better place for everyone. We reserve the right to take action if these guidelines are not followed, including warnings, temporary suspensions, or permanent bans from the game.

26. Communications

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

28. Contact

In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at: Trust today xyz Limited, Im Seefeld 16, 63367 Nidda (Bad Salzhausen), help@a-tree.app ↗

Navigation

1. Summary
2. Activities
3. Preferences
4. Owner and Data Controller

1. Policy Summary

For simplicity, all such technologies are defined as "Trackers" within this document – unless there is a reason to differentiate.

For example, while Cookies can be used on both web and mobile browsers, it would be inaccurate to talk about Cookies in the context of mobile apps as they are a browser-based Tracker. For this reason, within this document, the term Cookies is only used where it is specifically meant to indicate that particular type of Tracker.

Some of the purposes for which Trackers are used may also require the User's consent. Whenever consent is given, it can be freely withdrawn at any time following the instructions provided in this document.

This Application only uses Trackers managed directly by the Owner (so-called “first-party” Trackers).

The validity and expiration periods of first-party Cookies and other similar Trackers may vary depending on the lifetime set by the Owner. Some of them expire upon termination of the User’s browsing session.

2. Activities

Activities strictly necessary for the operation of this Application and delivery of the Service: This Application uses so-called “technical” Cookies and other similar Trackers to carry out activities that are strictly necessary for the operation or delivery of the Service.

Other activities involving the use of Trackers

Measurement: This Application uses Trackers to measure traffic and analyse User behaviour with the goal of improving the Service.

Analytics: The services contained in this section enable the Owner to monitor and analyse web traffic and can be used to keep track of User behaviour.

Google Analytics: Google Analytics is a web analysis service provided by Google LLC or by Google Ireland Limited, depending on the location this Application is accessed from, (“Google”). Google utilises the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualise and personalise the ads of its own advertising network.

Personal Data processed: Tracker and Usage Data.

Place of processing: United States – Privacy Policy ↗ – Opt Out ↗; Ireland – Privacy Policy ↗ – Opt Out ↗.

3. Preferences

How to manage preferences and provide or withdraw consent

There are various ways to manage Tracker related preferences and to provide and withdraw consent, where relevant:

Users can manage preferences related to Trackers from directly within their own device settings, for example, by preventing the use or storage of Trackers.

Additionally, whenever the use of Trackers is based on consent, Users can provide or withdraw such consent by setting their preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available.

It is also possible, via relevant browser or device features, to delete previously stored Trackers, including those used to remember the User’s initial consent.

Other Trackers in the browser’s local memory may be cleared by deleting the browsing history.

With regard to any third-party Trackers, Users can manage their preferences and withdraw their consent via the related opt-out link (where provided), by using the means indicated in the third party's privacy policy, or by contacting the third party.

Locating Tracker Settings: Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses:

1. Google Chrome ↗
2. Mozilla Firefox ↗
3. Apple Safari ↗
4. Microsoft Internet Explorer ↗
5. Microsoft Edge ↗
6. Brave ↗
7. Opera ↗

Users may also manage certain categories of Trackers used on mobile apps by opting out through relevant device settings, such as the device advertising settings for mobile devices, or tracking settings in general (Users may open the device settings, view and look for the relevant setting).

4. Owner and Data Controller

Since the use of third-party Trackers through this Application cannot be fully controlled by the Owner, any specific references to third-party Trackers are to be considered indicative. In order to obtain complete information, Users are kindly requested to consult the privacy policies of the respective third-party services listed in this document.

Given the objective complexity surrounding tracking technologies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of such technologies by this Application.