1. Scope of application
These “Swiss Climate Challenge Terms and Conditions of Use” (hereinafter referred to as the “Terms and Conditions of Use”) issued by Swisscom (Switzerland) Ltd (hereinafter referred to as “Swisscom”) apply to the “Swiss Climate Challenge” service offered by Swisscom and its project partners PostFinance AG and Energie Schweiz. By using the app belonging to the Swiss Climate Challenge (hereinafter “App”), the customer agrees to the Terms and Conditions of Use. The App is based on a corresponding application by the company MOTIONTAG GmbH, which collects movement data based on the GPS data received via the user’s mobile phone.
The Swiss Climate Challenge is an initiative by Swisscom and Energie Schweiz in cooperation with PostFinance AG to raise awareness and motivate the population to adopt more climate-friendly behaviour. This is against the backdrop of the global challenge of roughly halving CO2 emissions by 2030 and becoming largely climate neutral by 2050. The associated App is distributed in two ways:
- As part of other “carrier apps”, i.e. widely used apps such by Swisscom (Blue News) or Pro Velo (Cyclomania).
- As a standalone app in the App Store or on Google Play.
The Swiss Climate Challenge will later be available to companies, cities, events or other organisations to motivate their customers, employees, residents or participants to adopt climate-friendly behaviour.
2. Services of the Swiss Climate Challenge
The App automatically tracks the mobility of users in terms of their choice of transport, the distances travelled and the associated CO2 emissions. The tracking technology provided by the company MOTIONTAG GmbH is used.
With the help of the App, the user learns about the impact of their behaviour on the climate in a playful way, can compare themselves with others, improve and receive rewards (see section 5) for completing defined challenges. The Swiss Climate Challenge accompanies the App with communications and provides incentives for improving your personal climate footprint. The calculation of CO2 emissions and energy consumption is based on the factors recognised by the Swiss Federal Office of Energy at www.mobitool.ch.
The App is available to everyone and is not limited to Swisscom customers.
3. Customer obligations
3.1 Requirements and registration
A smartphone or tablet is required to use the App. You will also need to download the independent App, start the App, register and log in. In order to take full advantage of the App, it is necessary to activate location and fitness data tracking in your smartphone settings.
The App is available for both iOS and Android devices.
After installing the App, the participant will be asked to register to use the App.
Registration creates a contractual relationship between the participant and Swisscom, to which these Terms and Conditions of Use apply.
Registration is completed via the registration page in the App. To do this, you will need to log in with your own mobile phone number.
The registration process is as follows:
- Register with a mobile phone number to use all the features of the Swiss Climate Challenge including comparisons with your contacts.
- Register with an email address to participate in private company challenges.
- By registering, the user consents to the processing of the personal data required for the use of the app in the context of the Swiss Climate Challenge and agrees to the validity of these terms and conditions of use. Swisscom reserves the right to refuse registration at any time without providing a reason, or to subsequently terminate the participation relationship at any time.
- In case of multiple registrations by one person, only the most recently registered account will be maintained.
3.2 Requirements of a carrier app
By obtaining access to the Swiss Climate Challenge App via a carrier app through the App Store, Google Play or an app from another online provider, the user agrees to all additional legal terms relating to the acquisition of an application from the respective provider (e.g. App Store, Google Play).
When it comes to the use of the downloaded carrier app, a contractual relationship is only established between the user and Swisscom. Despite the lack of a contractual agreement between the user and the online provider in relation to the downloaded App, the user grants the relevant app store (App Store, Google Play) the right to legally enforce the provisions of these Terms and Conditions of Use if necessary.
3.3 Legally and contractually compliant use
The user receives a time-limited, non-exclusive, non-transferable right to use the App; they do not have the right to make technical changes to it and to further use the corresponding results.
By registering, the user guarantees that the mobile phone registered in their name is used exclusively by them and that the recorded movements correspond to their natural movement behaviour. Passing on the mobile phone to third parties is not permitted.
The user bears liability for breaches of contract by the user and any resulting claims by third parties. If a suit is filed against Swisscom or the online app store, the user indemnifies the online app store and Swisscom against any claims from third parties.
When using the App, the User shall comply with the provisions of these Terms and Conditions of Use and applicable law. Any use contrary to these provisions or to the applicable law is prohibited. In particular, it is in breach of contract to:
a. Provide incomplete or untrue information;
b. Change and falsify information and transaction data contrary to the truth;
c. Open an account in the name of a third party;
d. Enter information or data belonging to other persons;
e. Transfer an account to a third party;
f. Alter, tamper with, circumvent, overload, attack, introduce viruses or malware to, or otherwise interfere with the website or the App and their underlying software and security measures without authorisation;
g. Use the App to spy on other people;
h. Install and use the App without consent on a mobile phone that is being used for its intended purpose by another person.
Swisscom has the right, at its own discretion, to temporarily or permanently suspend or delete access to accounts if it has reason to believe that an account is being used in a prohibited manner. Before an account is permanently suspended or deleted, the user will be contacted by SMS or email and given a reasonable opportunity to respond. If the account is permanently blocked or deleted due to prohibited use, the user will not be able to register again.
The use of the Swiss Climate Challenge App is free of charge.
Accessing the application may incur data transmission charges. Whether and to what extent such charges are incurred will depend on the underlying connection used for data transmission.
Roaming costs are common when using the service abroad.
The Swiss Climate Challenge sets tasks (called “challenges” in the App) as an incentive for climate-friendly behaviour, in which “green points” or “green coins” can be won by achieving certain targets relating to CO2 emissions and mobility behaviour.
Green points show how many tasks a user has already successfully completed as part of the Swiss Climate Challenge. They serve solely as an incentive to compare oneself with other users and have no personal material value for the user.
Green coins can be distributed to users if a sponsor (e.g. a company, a municipality, a city, etc.) sponsors an amount of money for a group of people (e.g. employees of a company or residents of a city or municipality). This sum can be distributed among the members of the defined group by fulfilling defined tasks (“challenges”, see above).
The green coins are issued by PostFinance AG. They are worth one Swiss franc per green coin and can only be spent on the Swiss Climate Challenge marketplace (called “Rewards” on the App) in exchange for sustainable products, services or donations. The equivalent value of the green coins in Swiss francs is deposited 1:1 with the issuer in an account.
Green coins aim to reward large groups of people for environmentally friendly behaviour. However, the following restrictions apply when dealing with green coins:
· Users have no right to exchange green coins for CHF.
· Swisscom accepts no liability for lost green coins or if someone loses access to the App, e.g. due to a smartphone no longer working or a change of telephone number.
· Green coins may only be earned and used by employees of companies, municipalities, cities or other public organisations that finance a corresponding challenge.
· Green coins cannot be directly purchased by users. Green coins cannot be transferred peer to peer.
· After the expiration of a challenge funded by a sponsor, the user has one month to exchange the green coins for rewards. The remaining balance will then be deleted.
· A green coin credit balance does not give rise to any claim on the part of the user. The issuer of the green coins has the option, in consultation with the sponsors, to reset the coin balance to zero at any time during a challenge
6. Data protection
Swisscom works with ETH Zurich and EPFL (Lausanne) to evaluate mobility behaviour. All evaluations are used exclusively for the purpose of promoting climate-friendly behaviour. Only completely anonymised and aggregated data (aggregated data of at least 20 persons) is processed, so that tracking of individual persons is excluded at all times. Swisscom ensures that the universities and companies it commissions are committed to the same standard of data protection and data security as Swisscom itself.
If the user exchanges collected green coins for a reward, their email address will be passed on to the corresponding provider of the reward in order to process the transaction.
Use of the App is at your own risk. In particular, Swisscom as the provider of the Swiss Climate Challenge is not liable for interruptions to the services offered, for any loss of data or for consequences arising from transparency or comparison of the climate footprint resulting from the user’s own behaviour, such as a guilty conscience, concern or differences between the user and other people. The goal of the App is to constructively motivate more climate-friendly behaviour.
8. Changes to and suspension of the App
Swisscom may change or suspend the App at any time without prior notice. It may also change these Terms and Conditions of Use at any time. The changes will be displayed in an appropriate manner and the user is free to delete the App immediately and free of charge at any time.
9. Place of jurisdiction, applicable law
All questions and disputes relating to the App are subject exclusively to Swiss law. The exclusive place of jurisdiction is Berne; compulsory places of jurisdiction are reserved.
The App is subject to the export control regulations and other laws of the USA and may not be exported, re-exported or transferred to certain countries (currently Cuba, Iran, North Korea, Sudan, Crimea and Syria), persons or legal subjects who are prohibited from receiving exported goods from the USA (including (a) those on the Denied Persons List and the Entity List of the Bureau of Industry and Security and (b) those on the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control).