End user licence EULA

(Release 0.3) dated 23 July 2020

between www.get-entry.ch "get-entry", pA it-processing AG, Waldeggstrasse 37, 3097 Liebefeld and the users "User" for use of the Get-Entry web application:

  1. General provisions
    1. Object of the contract and scope of application
      1. II The following end user licence (hereinafter the "EULA"), together with the General Terms and Conditions of Contract (hereinafter the “GTCB”), apply to use of the “web application” referred to above by the users, with or without payment. The web application (hereinafter the “application”) has been developed by the following companies: it-processing AG, Waldeggstrasse 37, 3097 Liebefeld, baeriswyl tschanz & partner ag, Talgut-Zentrum 25, 3063 Ittigen and PageUp AG, Morgenstrasse 129, 3018 Bern.
      2. These EULAs govern procurement and use of the application by all users (hereinafter the "users").
      3. The purpose of the application is the accurate entry of guest data by the guests (users) themselves, so enabling the participating catering and event businesses (hereinafter the “businesses”) to secure their guests’ personal data accurately and in a timely manner.
    2. Conditions and scope of use
      1. The users voluntarily create a QR-Code (EntryID) containing their personal data on the application.
      2. By using the application, the users signify their agreement to the following conditions and legal information concerning the application.
      3. In particular, the users agree that, in the event of a positive test result (either for COVID-19 or for some other virus), their data may be reported for the period during which they were present in the business and forwarded to the appropriate health authority.
      4. Users who do not agree to these conditions are not allowed to use the application.
      5. The users are granted the exclusive and non-transferrable right to make use without payment of the application that is needed to provide the service.
    3. Using the application
      1. In the first instance the guest (user) registers by creating his personal QR-Code (EntryID) which contains the following elements:
        1. First name, last name
        2. Street and number
        3. Postcode (place of residence)
        4. Phone number
        5. Email address
        6. Date of birth
      2. After registration, the guest receives an SMS containing a link that is valid for not more than 15 minutes. By clicking on the link, a QR Code is displayed on the website; this code can be saved as an image on the smartphone or printed out.
      3. The personal data which are saved centrally to create the QR Code will be irretrievably deleted after 15 minutes (duration of validity of the link). User particulars are therefore not saved centrally for a longer period of time.
      4. The guest is aware that his personal data, which he discloses to the business by means of the QR Code, are saved by the business upon each visit for 14 days before they are then automatically and irretrievably deleted.
      5. In the event of a positive infection by another guest (either by COVID-19 or by some other virus) who was present in the business at the same time, all the data for that particular day will be reported and possibly forwarded to the appropriate health authority.
    4. Suppliers’ liability
      1. The application operators are not liable for damage attributable to software faults or computer viruses. Furthermore, the application operators accept no responsibility for assuring that the functions and use of the application are made available continuously and without interruption, free from faults and defects, or that faults will be remedied, or else that the servers are free from viruses or other harmful components.

    5. Data protection and protected rights
      1. All users are entitled to see their own data. The application has been compiled in compliance with the applicable Swiss data protection legislation.
      2. The users are entitled at any time to destroy the QR Code that was created and saved or printed out; the data are not saved centrally.
      3. The operators have developed the application and are its authors. Any reproduction, adaptation, dissemination, transmission and so forth of the application is prohibited.
      4. The supplier guarantees that his offer and services do not infringe the protected rights of any third parties. The user himself is responsible for compliance with the licence requirements of all software, software tools and operating systems used directly by him.
  2. Final provisions
    1. No charge is made for use of the application by the users. Any costs of access to the net must be paid by the users.
    2. The application operators reserve the right to make changes and additions to the terms and conditions of use at any time. The new conditions shall be notified in advance to the users in a suitable manner; they shall be deemed to have been approved unless an objection is made within a time limit of one month.
    3. Operation of the application may be suspended at any time.
    4. Should any provision of the conditions of use be null and void or invalid, the conditions of use as a whole shall not be affected thereby.
    5. These EULAs shall be governed by Swiss substantive law.
    6. The place of jurisdiction is Bern. Binding places of jurisdiction are reserved.
    7. These EULAs can be consulted at any time at www.get-entry.ch.

Bern, July 2020