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Terms of use lex4you

Edition September 2020

1. Introductory Regulations

1.1 General

Assista Rechtsschutz AG (Assista), a subsidiary of Touring Club Switzerland (TCS), provides a legal information platform with lex4you. lex4you comprises the services lexCall, lexSearch and lexForum.

With every use of lex4you you accept the current version of these terms of use. You can view and download the terms of use at lex4you.ch.

1.2 Terms

User

Person who uses one or more lex4you services.

Registered user

User who has registered.

Customer

Users who have

  • a TCS legal protection insurance;
  • a TCS membership acquired or converted from January 1, 2018;
  • an AutoMate legal protection;
  • a quitt. employer legal protection insurance;
  • the Baloise;
  • an AutoMate fleet legal protection;
  • a legal protection insurance of the Association of Eastern Swiss Cavalry and Riding Clubs OKV;
  • an ASSEPRO corporate legal protection or:
  • a TCS company card

are entitled to use lexCall.

Registered customer

Customer who has registered to use lexCall.

Forum participant

User who writes articles in the lexForum.

lex4you

Assista legal information platform with the services lexCall, lexSearch and lexForum for all users. The conditions for the use of these services are set out in these Terms of Use.

lexCall

Verbal legal advice from Assista for registered customers.

lexSearch

Assista's digital information collection for all users.

lexForum

Assista discussion platform for all users. Forum participants register to write articles on lexForum.

Data

All information relating to a specific or identifiable person, such as name, address or age.

Particularly sensitive data

In particular, data on administrative or criminal prosecutions and sanctions as well as social assistance measures.

Remaining data

Information that does not relate to a specific or identifiable person.

Editing of data and other data

Any handling of data and other data, in particular the procurement, storage, retention, use, processing, disclosure, archiving, deletion or destruction of data and other data.

Order processor

Third party who processes data and other data on behalf of Assista.

Cookies

Information on usage behavior that lex4you stores on the user's computer or mobile device.

Web tracking

Collection of data and other data to evaluate the usage behavior of the user.

IP address

Internet protocol address, which uniquely identifies every device connected to the Internet at the time of use.

2. Data protection

Assista complies with federal data protection legislation. In addition to this minimum standard, Assista attaches great importance to processing your data in a transparent manner. As a user of lex4you, you always know which of your data Assista is processing and how you can control this processing.

By using lex4you you agree to the use of your personal data as described below.

2.1 Assista

2.1.1 Data security

Assista carefully protects the data transmitted to it with organizational and technical measures. However, Assista cannot rule out the possibility of unauthorized third parties intercepting or processing the data via the Internet. Assista does not provide any guarantee here.

As a user, you are particularly responsible for ensuring that you protect your device and that you do not disclose any sensitive data in emails to Assista. Assista cannot technically guarantee the confidentiality of your emails.

2.1.2 Information and information

a. information

As a user, Assista will inform you at the latest when the data is obtained

  • the contact option for concerns in connection with data processing
  • the processed data
  • the purpose of processing
  • automated individual decisions as well
  • the criteria according to which the Assista determines the retention period.

Assista will inform you as a user at the latest when the processing of the data is transferred to an order processor

  • the contact option for concerns in connection with data processing
  • the processed data
  • the purpose of processing
  • automated individual decisions as well
  • the criteria according to which the order processor determines the retention period.

b. information desk

Assista will provide you as a user with information on request at any time

  • the contact option for concerns in connection with data processing;
  • the processed data;
  • the purpose of the processing;
  • the criteria according to which the Assista determines the retention period;
  • the result, the occurrence and the effects of any decision that Assista has made on the basis of the data processing.

Assista gives you, as a third party, information about the data of a deceased user at any time, if

  • You can prove an interest worthy of protection or you and the deceased user
    • were related in a straight line;
    • were married until his or her death, lived in a registered partnership or in factual cohabitation and
  • the deceased user had not expressly forbidden the information during their lifetime and there are no overriding interests of the deceased user or third parties.

2.1.3 Contact options, processed data, processing purpose and duration

a. Contact possibility

As a user, you can log in at any time [email protected] to request information about the processing of your data.

b. Processed data

Assista collects the following data and other data from you as a user:

  • Web tracking
    • Session cookies, which are automatically deleted after closing the browser.
    • The website uses the web analysis service of Google Inc., Google Analytics. Google Analytics transmits cookies with data and other data such as your length of stay, your interactions or the IP address of your device connected to the Internet to a Google server in the USA and stores them there. Google Analytics does not save any data such as name, address or age.
  • lexCall (registered customer)
    • Surname
    • First name
    • gender
    • Post Code
    • E-mail address
    • Name of the company that has a Baloise SME combined policy
    • Reference or personal number according to the TCS legal protection policy, TCS membership or Baloise SME combined policy
  • lexSearch (Registered User)
    • Surname
    • First name
    • gender
    • Post Code
    • E-mail address
  • lexForum (forum participant)
    • Surname
    • First name
    • gender
    • Post Code
    • E-mail address

c. Purpose of processing

  • Web tracking
    • Google Analytics evaluates the cookies in order to evaluate your website usage and to provide other website related services.
    • Google Analytics forwards the remaining data collected in this way to third parties if this is required by law.
    • Google Analytics can pass on the remaining data collected in this way to third parties who process the data on behalf of Google.
    • Google Analytics does not associate your IP address with other data or other data on Google.
Assista processes the data collected when using lexCall
    • to check the authorization to use lexCall
    • to improve lexCall
    • to build up and further develop the relationship with the customer
    • for marketing and advertising purposes
    • in the case of customers with a TCS legal protection policy or a TCS membership acquired from January 1, 2018, to be passed on to the TCS for marketing and advertising purposes
Assista processes the data collected as part of the use of lexSearch
    • to improve lexSearch
    • to be passed on to the TCS for marketing and advertising purposes
Assista processes the data collected when using the lexForum
    • to improve lexForum
    • to be passed on to the TCS for marketing and advertising purposes

Assista does not process any personal data that you post on the forum as a forum participant: Assista does not evaluate your contributions for personal data.

d. Criteria for determining the retention period

Assista stores the data collected in the course of using lex4you for as long as the purpose of the data processing requires it, but for a maximum of 10 years. The deletion of data at the request of a user is reserved.

2.1.4 Rejection of cookies, correction and deletion

a. Rejection of cookies

The user can refuse the installation of cookies via a setting in their browser. In this case, Assista does not guarantee that the user will be able to use every function to the full.

b. Objection to the use for advertising purposes

The user can object to the use of his / her personal data at any time. In this case, too, the use of lex4you remains possible.

c. Rectification

Assista corrects the user's data on request. For this purpose, Assista needs your written request for correction, with which you enclose a copy of your official ID.

d. deletion

Assista will delete the user's data on request. To do this, Assista needs your written request for cancellation, with which you enclose a copy of your official ID.

Assista rejects your request for deletion if it is obliged to store the data under insurance law or for other legal reasons.

At the request of an heir, Assista deletes the data of a deceased person.

Assista rejects the heir's request for deletion if the deceased has expressly forbidden access to them during their lifetime and

there are no overriding interests of the deceased or third parties.

2.1.5 Dealing with any violations of data protection

Assista takes all necessary measures to prevent violations of data protection legislation and its own data protection regulations. It documents any injuries that have nevertheless occurred for internal training purposes.

2.2 Google Analytics

By registering with the US Department of Commerce, Google has committed itself to complying with the data protection provisions of the agreement between Switzerland and the US on the cross-border transfer of personal data (Swiss-US Privacy Shield; https://www.privacyshield.gov).

2.3 Order data processors

Assista can transfer the processing of data to third parties. In this case, it ensures compliance with the above data protection regulations.

2.4 Forum participants

As a forum participant on lexForum, you can

  • no personal data of third parties that enable them to be identified and
  • no particularly sensitive personal data from yourself or from third parties

announce.

3. Copyright

As a registered user, you may download all documents from lex4you and print them out unchanged. All other copyrights and intellectual property rights to the documents and content of lex4you remain with Assista.

3.1 Contents and documents from lex4you

If you want to use content and documents from lex4you beyond downloading and printing, for example if you want to use content and documents

  • spread
  • publish or
  • duplicate

prior written consent from Assista is required.

You are not allowed to use the contents and documents of lex4you

  • to change
  • license
  • rent or
  • to sell.

3.2 Contributions from forum participants

By participating in discussions on lexForum, you transfer the rights of use to your contributions to Assista as far as legally possible. Assista can, for example, use and translate your contributions to create and add to documents and content on lex4you.

As a forum participant, you are responsible for ensuring that your contributions do not infringe any third-party copyrights:

  • You may only use texts from third parties if and to the extent that this is permitted by copyright.
  • You must also indicate the source of the permitted use of third-party texts without setting a link.

4. Disclaimers

Assista aims to provide legally correct information on lex4you. However, it cannot guarantee that this information is correct, complete or up-to-date. Assista therefore excludes any liability and responsibility for the consequences of using lex4you.

4.1 lexCall

Assista uses lexCall to provide registered customers with verbal information on legal issues from everyday life in German, French and Italian.

The connection costs are borne by the registered customer.

As a registered customer, you are responsible for ensuring that your questions and comments do not violate these terms of use. In the event of a violation, Assista reserves the right to break off the conversation and, if it occurs again, to exclude you from lexCall.

This information provided via lexCall is only intended as an initial legal aid. Assista cannot carry out any comprehensive clarifications within the framework of lexCall. lexCall does not constitute legal advice and does not replace it. Assista assumes no liability or responsibility for the decisions and precautions that you as a registered customer take on the basis of the information received via lexCall.

4.2 lexSearch

With lexSearch, Assista provides free content and documents on legal questions from everyday life.

Assista carefully checks the content and documents as well as any links before publication. Assista assumes no liability or responsibility for the correctness of the content and the up-to-dateness of the content, documents and links.

lexSearch serves as a first legal aid for you as a user. lexSearch does not constitute legal advice and does not replace it. Assista assumes no liability or responsibility for the decisions and precautions that you as a user take based on the contents and documents of lexSearch.

4.3 lexForum

With lexForum, Assista provides a free discussion platform for the exchange of legal questions from everyday life. lexForum serves you as a user as a platform for discussions among those affected and interested. lexForum is not an expert forum and does not contain any links to external sites.

As a forum participant, you are responsible for ensuring that your contributions do not violate these terms of use or Swiss law. Assista moderates the discussions with the aim of ensuring compliance with these regulations. Assista does not check the contributions before they are activated.

Assista reserves the right

  • to postpone the contributions so that their content fits into the categories provided and
  • to delete the posts, especially if they contain obviously incorrect information.

In the event of a breach of these terms of use and Swiss legislation, Assista reserves the right to delete the relevant contributions in whole or in part and to exclude you as a forum participant from lexForum in the event of repetition.

The contributions on lexForum do not constitute legal advice and do not replace it. Assista assumes no liability or responsibility for the decisions and precautions that you as a user take as a result of the discussions on lexForum.

5. Code of Conduct

A legal problem can also be emotionally challenging. It is precisely for this reason that it is important to Assista that you as a user remain factual, fair and correct in the context of all lex4you services. Statements that are threatening, insulting, advertising, racist, sexist or otherwise inappropriate are not accepted by Assista in any of the lex4you services.For forum participants, this also applies to the choice of their pseudonym.

As a user, you can ask your questions in German, French or Italian. The shorter and clearer you ask your question, the greater the chance of a concrete answer.

If you answer a question as a forum participant, make sure that your answer is specific and ask where necessary. Where possible and sensible, substantiate your answer, for example with reference to your own experience or further training.

In the event of a breach of the Code of Conduct, Assista reserves the right to exclude you from one or all of the lex4you services.

You will help us to comply with the Code of Conduct if you report violations to us.

6. Final provisions

6.1 Entry into force

These terms of use apply from October 2nd, 2017. Assista reserves the right to change the terms of use at any time and without prior notice.

6.2 Applicable law and place of jurisdiction

Swiss substantive law is applicable to all actions in connection with the use of lex4you.

The exclusive place of jurisdiction for disputes arising from these terms of use and from the use of lex4you is Bern. Other mandatory places of jurisdiction stipulated by law remain reserved.