Terms of use

Date: 01.09.2024

This declaration was written in German (DE). If there are discrepancies between the translated versions of this declaration and the German version, the German version will always prevail.

Thank you for your interest in the eJourney app (hereinafter referred to as "app") and, if applicable, your voluntary and free participation in a survey/survey (hereinafter referred to as "campaign") conducted by one of our campaign partners (hereinafter referred to as "CP") selected according to strict criteria.

A/ Information on the service providers (hereinafter referred to as "providers") and data protection

1. provider of the app

TecBakery GmbH - WavePointer 6415 Arth am See, Switzerland (hereinafter referred to as "WP").

2. Campaign partner (referred to as "CP" or "KP")

In most cases, you will be invited to use the app by a company that you usually know personally. These CPs are often well-known companies from the transport/public transport sector (transport companies, transport associations: hereinafter referred to as "public transport") - but also companies from other sectors.

WP works exclusively with verified, established partner companies that invite you to participate in a survey campaign directly, for example via email or other means.

With the invitation, you will also receive an "invitation code" from the CP with which you can register in the app and join a survey campaign. You cannot register or use the app without such an invitation code.

The CP fully identifies himself to you in the e-mail invitation, explains the background to the campaign and why he has chosen you personally to take part in the campaign. You will also find out whether the CP is offering you an incentive in return for your full participation in the campaign.

3. Areas of responsibility and data protection

Unless otherwise communicated in writing, the CP bears sole responsibility for the content and legal responsibility for each campaign. In accordance with European data protection directives, data processing only takes place in the European Union or Switzerland.

Your personal survey data is secure: 

WP does not know the actual identity of a campaign participant - i.e. you. WP only knows the invitation code that you receive from a KP and can use to register in the app. WP has no further reference to your personal customer data, which is stored about you by a CP (e.g. personal data, address, ticket number, public transport subscription ticket, etc.)..

The data from a survey campaign can only be used by the CP and in accordance with the regulations communicated to you separately by the CP. 

WP does not process the data collected from you independently but only on behalf of CP.

B/ Information about the offer

The app automatically records your mobility on public transport, for example, in a modern, targeted and secure way.
Note: Your data will normally only be recorded if a) you are in or in the vicinity of public transport facilities (e.g. means of transport, stops, railway station, etc.) and b) if these facilities have also been equipped with corresponding digital signal transmitters (beacons) by the CP, which identify these facilities as official components of public transport..

This gives you a personal overview of your own mobility behaviour and also makes an important contribution to making mobility services even more attractive, affordable, targeted and sustainable in the future. 

The app gives you a personal overview of the journeys you have made on public transport: as a current daily overview and also as a personal logbook. This gives you a good overview of all your journeys.

By registering in the app, you agree to the validity of the following terms and conditions of participation vis-à-vis the service providers.

§ 1 Scope of application

WP provides an app for download that participants can use to track their movements and mobility behaviour in everyday life (hereinafter collectively referred to as the "Service"). Personal GPS/smartphone data will only be processed as part of a campaign in accordance with the specifications stated by WP and KP.

§ 2 Registration

After installing the app, participants will be asked to register to use the app. Registration takes place via the registration page to be completed in the app. A provided registration code, an e-mail address, an alias name and a self-chosen password must be specified.

Registration creates a contractual relationship between the participants and the providers to which these conditions of participation apply. This also includes any separately applicable conditions of participation that the CP communicates to participants when sending them a personal invitation code for a campaign.

Participants' own or deviating terms and conditions shall not apply unless they have been expressly agreed to in writing by the providers.

Participants may not pass on their personally received invitation code to third parties without the prior written consent of KP.

The registration process is as follows:

Download the app from the download link provided from the AppStore/PlayStore.

After opening the app, participants are asked to agree to the privacy policy and terms of use of the app/campaign and to enter the required data in the registration form. It is necessary to provide an e-mail address, an alias name if applicable and a password. In addition, a campaign code is requested, which is provided to the user by the CP.

WP reserves the right to reject a registration at any time without giving reasons or to subsequently terminate the participation relationship at any time - without any further consequences for WP. In principle, any natural person who has reached the age of 18 is eligible to participate. Exceptions to this may be regulated separately in writing. Participants may only register one user profile in their own name. In the case of multiple registrations for one person, only the profile registered first will be maintained.

§ 3 Completeness, duty to tell the truth

All information provided during registration must be complete and truthful. If details or data change during the period of participation, these details and data must be adjusted immediately in the customer profile.

In the event of changes to information or data that appear conspicuous or unusual or where WP suspects misuse, WP is authorised to contact participants by email and question the change.

By registering, participants guarantee that they will only use the mobile phone registered to them themselves. Passing on the mobile phone - in connection with a campaign - to third parties is not permitted.

§ 4 Processing of your personal data

After successful registration, participants must start recording their personal logbook via the app by granting authorisation for GPS/location and Bluetooth reception for collection and forwarding. The participant's app then collects the participant's movement data on their mobile phone using the GPS data received (hereinafter referred to as "movement data") as well as beacon signals from other objects/participants in the vicinity via Bluetooth. The means of transport used by the participants to move around (e.g. train, bus, underground, suburban train, boat, etc.) is automatically analysed. The app also shows some of the routes determined in this way ("stages"). The individual stages can be traced geographically on an overview in the app.

In order to find out more about the use of the app, e.g. how satisfied you are with the service, the providers plan to carry out additional surveys at irregular intervals. We will contact you about these surveys by email using the email address you provided when registering or within the app. Participation is voluntary and you will not suffer any disadvantages if you do not take part.

As an additional function, the intelligent app summarises the individual movement data in statistics that can inform participants about the numbers and ratio of the means of transport they use or about CO2 emissions, for example.

If necessary for the realisation of the campaign, the CP or WP will contact the participants via the e-mail address used during registration.

When using the profile, the app and its recording function must be kept active at all times if possible. The app also works in background mode for this purpose. However, participants can also interrupt or stop the recording of movement data if necessary.

If participants have any questions regarding the app or a campaign, they can contact the customer service department specified by the KP in each case.

Despite the accuracy of the technology, it cannot be ruled out that the app may generate incorrect data in individual cases and, for example, incorrectly allocate means of transport. In such cases, WP is exempt from any responsibility and liability towards the CP or the participant.

The following data is provided by WP to a KP:

- the e-mail address provided during registration

- the campaign invitation code provided during registration

- the transaction data/answers processed by the app for a survey

The collected data can be used by providers to carry out aggregated analyses without reference to individuals. This includes, for example, analyses aimed at improving the transport system or designing sustainable mobility. If analyses are carried out by the CP with a personal reference, the CP will inform the participant of this in advance or at the latest when they join the campaign. However, this process is in any case independent of WP in terms of content or law. WP assumes no obligation or liability for this.

Further information on data processing in the context of a campaign can be obtained from the CP.

§ 5 Non-contractual use

When using the app, participants must comply with the provisions of these Terms and Conditions of Participation, separate provisions of the CP and applicable law. Any use contrary to these provisions or applicable law is prohibited. It is in particular - but not exclusively - in breach of contract:

- To provide incomplete or untrue information;

- To change or falsify information and transaction data contrary to the truth;

- Open or use a profile in the name of a third party;

- Enter information or data of other persons;

- Transfer an account (profile) to a third party;

- Communicate your own access data and profile/account data or invitation codes of a KP to other persons or grant other persons access to these;

- Alter, manipulate, circumvent, overload, attack, attack with viruses or malware or otherwise interfere with the Website or the App and their underlying software and security measures without authorisation;

- Use the app to spy on other people;

- Install and use the app without consent on a mobile phone that is being used for its intended purpose by another person.

- Joining a survey campaign and then permanently (i.e. for longer than 48 hours) refraining from/avoiding the provision of movement data in the campaign environment.

WP has the right to temporarily or permanently block or delete access to accounts at its own discretion if there are reasons to believe that a user profile/account is being used in a prohibited manner. Before an account is permanently blocked or deleted, the participant concerned may be contacted by e-mail and given a reasonable opportunity to comment. If the account is permanently blocked or deleted due to prohibited or dubious use, these persons will not be able to register again. WP accepts no subsequent liability in such cases.

§ 6 Liability and responsibility of the participants

Participants shall indemnify WP and KP against all claims asserted by third parties against the providers, insofar as the reason for the claim is attributable to the participants. In this case, the participants shall also assume the costs incurred by WP, KP or other partners of WP in the context of a necessary legal defence, including court and legal fees in the statutory amount.

In the event of a claim by a third party as described above, participants are obliged to provide the providers immediately, truthfully and completely with all information that may be necessary for the examination of the claims and for the defence.

§ 7 Liability and responsibility of the provider

The following provisions apply to WP, the KP or other partners of WP who are involved in the provision of the app.

WP is not obliged to provide the app or enable its use. Participants are not entitled to register - even after receiving an invitation code.

WP makes reasonable efforts and takes precautions to ensure that the app can be used safely and continuously. Nevertheless, disruptions are possible - in some cases for longer periods or in total - due to technical errors, maintenance or force majeure.

Participants use the app in any connection with their mobile phones and the app at their own risk. WP does not specify any movements or locations. Use of the app in public (road) transport must always be in compliance with road traffic/traffic laws. WP accepts no responsibility for damages, claims or sanctions arising from non-compliant or generally compliant use of the app or the mobile phone as such - by a participant or any third party.

WP reserves the right to change, restrict or discontinue the service at any time at its own discretion. The liability of WP and the providers for damages caused by and in connection with the exercise of rights and obligations arising from this contract is excluded. This does not apply to liability under the Product Liability Act.

The exclusion of liability and/or the limitations of liability of the providers also apply to the legal representatives and vicarious agents of the providers and each of its members.

§ 8 Blocking, deletion

Participants have the option of deleting the transaction data as a deletion of the entire account/profile at any time. A "deletion request" can be made directly in the app.

In the event of cancellation of the account by participants or by WP, this participation agreement shall be automatically terminated.

If the account is deleted, WP deletes all data stored in and by the app. If the evaluation of data by KPs, for example, has already begun, data will still be available there in anonymised form. Of course, further data will not be included in further analyses.

§ 9 Rights and use of software

All rights to the solutions offered by WP (devices, software, firmware, etc.) or intellectual property arising from solutions (processes, procedures, copyrights, patent rights, know-how, components, planning and development data, etc.) shall remain with WP. No user of the solutions is authorised to use WP products for purposes other than those intended or to reverse engineer them or have them reverse engineered.

The user may only pass on information and data which he receives from WP for use to third parties with the express written consent of WP. Each user is responsible for his/her own access data. No claims can be made against WP for any damage resulting from the improper use of passwords, for example.

The user shall refrain from exploiting or imitating the confidential information and products outside the purpose in any way (in particular by means of so-called "reverse engineering "*) or having them exploited or imitated by third parties and in particular from applying for industrial property rights - in particular trademarks, designs, patents or utility models - on the confidential information and products. The user is not authorised to reverse engineer, decompile or disassemble the software or to attempt to make the source code of WP Software accessible in any other way. There is no entitlement to the release of any source code on the part of WP at any time.

§ 10 Force majeure & pandemic

WP and the providers shall also not be liable in cases of force majeure. This includes all unforeseeable events as well as events which - insofar as they could have been foreseen - are outside the sphere of influence of WP or the providers. This includes in particular, but is not limited to, the following events:

Natural disasters such as floods, storm surges, hurricanes and typhoons as well as other storms on the scale of a catastrophe, earthquakes, lightning, avalanches and landslides, fire, epidemics, pandemics, epidemics and infectious diseases (insofar as such has been declared by the WHO or a ministry or a risk level of at least "moderate" has been determined by the German Robert Koch Institute), war or warlike conditions, riots, revolution, military or civilian coup, insurrection, blockades, authorities and government orders, strikes, lockouts.

If WP or the providers are hindered in the fulfilment of their contractual performance by effects that are directly or indirectly related to the coronavirus (Covid 19) or a mutation thereof, the following shall apply:

An impediment to the performance of services exists in particular if quarantine measures are imposed on the business or a not insignificant part of the business due to the occurrence of the coronavirus or a mutation thereof, if officially ordered business closures, curfews, travel bans or bans on returning abroad are imposed, necessary materials or services from abroad are not available due to officially ordered entry bans or supply chains are interrupted by official measures, a significant number of employees are in quarantine due to infection with the coronavirus or a mutation thereof.

In such cases, WP may discontinue the services without participants or CP being able to derive any claims for compensation from WP as a result.

§ 11 Others

These terms of use and the user agreement governed by them are subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Schwyz, Switzerland. WP reserves the right to amend these Terms of Use at any time, provided that such amendments do not unreasonably disadvantage participants. WP shall notify participants of any changes to the Terms of Use on the website www.ejourney.app at least two weeks before they come into force. The changes shall be deemed approved if participants do not delete their account and continue to use the app within two weeks of the public announcement of the changes. Participants are hereby made aware of this possibility and the significance of the deadline. If participants make use of their right of objection in any other way - regardless of the point in time - WP has the right to delete the account two weeks after receipt of the objection. Participants are hereby specifically informed of this as well.

If any provision of these Terms of Use is invalid, this shall not affect the validity of the remaining provisions.