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Supplementary Terms and Conditions of Use – Jimdo Dolphin

Preamble

With the Dolphin Website Builder, Jimdo offers a data-driven website building tool that enables the creation of an innovative website in a short time. The data-driven Dolphin product requires a constant and continuous flow of information as regards User interaction and feedback, as well as regards the collection, storage, analysis and evaluation of this information. While Jimdo Dolphin strives to provide a tailored user-experience, at the same time Jimdo offers its services to a broad range of users. Jimdo continually aims to combine the strengths of data-driven, innovative and agile technologies with the desires and budget of a broad User base. By creating a website, the User acknowledges that this innovative and agile website creation process can involve changes and advances, in particular as regards market development, changing technologies and costs, and User requirements. Service providers from all over the world can be involved in this innovative and agile website development. In addition to service providers from the European Union Jimdo also uses service providers that are located outside of the European Union, e.g. from the USA. Jimdo ensures that all measures required under European data protection law are taken to ensure an adequate level of data protection. An up-to-date list of Jimdo (sub)Processors can be found in the Jimdo Privacy Policy at any time.

1. Scope of Application

1.1 The following Supplemental Terms apply in the respective version in addition to the Jimdo General Terms and Conditions of Service. These can be accessed via the following link: Jimdo General Terms and Conditions. If the General Terms and Conditions contain provisions that contradict these Supplemental Terms as concerns the use of the Jimdo Dolphin Services, the provisions of these Supplemental Terms shall apply in that case.

1.2 These Supplemental Terms also apply to all enhancements to the Dolphin services made available by Jimdo in the administration area, unless they are the subject of a separate agreement. In this case, the separate agreement of the extensions shall apply.

1.3 The user undertakes not to duplicate, copy, resell or exploit any part of the Dolphin service, use of the Dolphin service or access to the service without the express written consent of Jimdo.

2. The Dolphin Statistics

2.1 The "statistics" offered in the administration area of the User’s website, (hereinafter referred to as the “Dashboard” or “administration area”) are provided by Jimdo's website analysis tools, which are based on Google Analytics™. They can be activated and deactivated in the administration area and offer Users of certain Packages(e.g. the Start, Grow, eCommerce or Unlimited Packages) the possibility to gain a meaningful overview and analysis of statistical data for their own Dolphin website in the dashboard.

2.2 With this statistics function, the data of the website visitors, collected by Google Analytics™ for the respective Jimdo website is selected, analyzed, interpreted and presented by Jimdo in the dashboard.

2.3 Google Analytics™ is a web analysis service provided by Google Ireland Ltd. (“Google”). The Google terms of use for Google Analytics™ can be found here. Jimdo has already entered into a data processing agreement with Google for the Jimdo Analysis of the Google Analytics™ statistics.

2.4 Jimdo can offer the Jimdo users who have purchased a specific package and who have already activated the "Tracking" function in the dashboard, the option to connect their own Google Analytics account to their website for even more detailed statistics and where possible, to receive further analysis of the website visitors. In this case, the corresponding Google Analytics terms and conditions apply. To the extent that the User uses this function in order to use Google Analytics, the Google Ads Data Processing Terms, which are available here, apply.

2.5 For the data processing in relation to the Dolphin Statistics, Jimdo and the User (hereinafter collectively referred to as "The Controllers" or individually as “the Controller”) are jointly responsible within the meaning of Article 4(7) of the EU General Data Protection Regulation (GDPR).

2.6 Within the framework of this Joint Controllership, Jimdo is entitled to display a notice in relation to the Dolphin Statistics on the user's website in order to provide visitors to the website with a contact point for asserting their rights within the meaning of Article 12 et seq. GDPR, as well as to inform affected persons as to how Google Analytics data is processed by Jimdo and the User, as Joint Controllers. Users are obliged to keep the preformulated Google Analytics notice provided by Jimdo available on their websites at all times.

2.7 Insofar as the User does not have the data to fulfill or handle requests from data subjects according to Art. 12 - 23 GDPR without assistance from Jimdo, Jimdo is obligated to assist the User with this duty, within the framework of this joint controllership. The User is obliged to process personal data in connection with the use of Google Analytics within the scope of its responsibility, only where there is a legal basis for the processing of this data. In accordance with the applicable data protection legislation, as well as other stipulations and laws, the User is obliged to obtain legitimate consent to the use of Google Analytics cookies from their site visitors, insofar as this is required by law. Where the User is of the opinion that this is not technically possible with the Jimdo website building tool, then it is recommended that the User disable the tracking and statistics.

2.8 The Joint Controllers are themselves responsible for keeping a record of their processing activities, carrying out a data protection impact assessment or consultation with the supervisory authorities, insofar as these measures are required by law. The Joint Controllers have undertaken to provide appropriate technical and organizational security measures for the data to be processed in order to ensure and demonstrate that the processing takes place in accordance with the relevant data protection provisions, in particular Article 32 GDPR.

2.9 With regard to any intended processing by a (Sub)Processor, the Responsible Party, i.e. the Controller((s) has the following obligations: (a) Prior to the Processor processing the personal data for the first time, the Controller must exercise due diligence to ensure that the Processor is able to ensure the protection of personal data required by the applicable data protection regulations; (b) The Controller must ensure that the agreement with such a Processor is governed by a written contract incorporating the conditions set out in Article 28 (3) GDPR.

2.10 The Joint Controllers will immediately inform each other of operational disruptions that threaten the confidentiality, integrity or availability of data, particularly in the event of suspected personal data breaches. The Joint Controllers will reach agreement on the content of the report and will keep each other informed as to the communication with the supervisory authority. This also applies to cases where there is a legal obligation to inform a data subject about a data protection breach.

2.11 The data subject can assert his rights as regards the processing of the Google Analytics data to both Controllers. If measures are required in accordance with the rights being asserted (eg rectification, deletion, restriction, notifications to recipients, transfer and surrender of the data), the Controllers shall undertake this action autonomously. Insofar as an affected person (i.e. the data subject) asserts their rights as regards the processing of the Google Analytics data towards one of the Controllers, that Controller will immediately and without undue delay, inform the other respective Controller, in text form. The Controller that is directly contacted by the data subject concerned, is responsible for the fulfillment of that data subject’s rights. Furthermore that Controller will carry out the communication with the person concerned, gather the necessary information together, examine the claim being taken and implement all related measures and actions accordingly. The Controllers are obliged to assist each other in fulfilling such claims. The Controllers will keep one another continually informed in this regard and intend to reach agreement on all essential steps involved.

3. Selected Partners

3.1 Jimdo may allow the User to connect or integrate services, products, and tools from Selected Partners via the Administration section/dashboard. The use and / or integration of such Partners, whether presented by Jimdo or not, is solely determined by the User and occurs at the User’s own risk and liability. The type and extent of the utilization of these services by the User depend on the respective general terms and conditions and privacy statements of the Selected Partner in question.

3.2 With respect to the external Selected Partners presented by Jimdo, the User hereby acknowledges that Jimdo acts independently and exclusively as a Partner presentation platform, regardless of the way in which the Selected Services, products and/or tools are presented through Jimdo or integrated into the website. Any contractual relationship is concluded exclusively between the User and the Selected Partner, unless otherwise expressly agreed, in text form. This does not affect the contractual relationship between the User and Jimdo.

3.3 Jimdo can not be held liable for any damage caused by the use of these services or other services of partners or third parties, as far as the User has initiated the integration or the functionality themselves. Furthermore, Jimdo is not liable for:

  • the use of the partner offer,
  • the compatibility of the Selected Partner’s offering with the Jimdo services or website,
  • the control or administration of the relationship between the User and the Selected Partner,
  • any damages that may result from the use of the product, the service and the tools of the Selected Partner. The User is solely responsible for the final implementation of the Selected Partner’s offering or services, as well as for the assessment of the compatibility of their Website with the Partner’s offer, and with the relevant Privacy Policy and Terms of Use of the Selected Partner.

3.4 In the continuing efforts to further develop the Dolphin Services and provide further integration capabilities, Jimdo's legitimate interests as well as the legitimate interests of the User are always considered by Jimdo. Jimdo reserves the right, at any time, to discontinue, change or expand the Selected Partners currently being displayed in the Administration Area, due to its own legitimate interest in the further development of the Dolphin Service.

3.5 Jimdo is not obligated to present the Selected Partners in the Administration Area. The User has no claim to the Selected Partners, their performance availability via the Jimdo platform or the presentation thereof.

4. Support and Guidance (or instruction)

4.1 Jimdo wants to empower the User to create and develop their website and help them to increase the effectiveness of their website. In order to provide this service, Jimdo will analyze the data provided by the User (e.g. where the User has provided their consent, or if data has been released by the User for Jimdo, or data that Jimdo has researched on behalf of the user) and provide them in the form of curated content on the User’s website and / or in the administration section of their website.

4.2 The User can, where applicable, provide consent to Jimdo to expand the data sources it uses, in order to better tailor the information provided to the specific needs of different Users / User Groups. In such cases, Jimdo will clearly inform the User as to which data and what access rights are involved.

4.3 Jimdo applies the utmost diligence in the preparation, evaluation and provision of the content (hereinafter referred to as "Information") displayed in the Web Site Administration section. All received and presented information and tips will be made available, on the basis of data available at the time of provision without any express or implied warranty. Jimdo assumes no responsibility or liability whatsoever for the accuracy, completeness, legality and reliability of the information and content provided in the Administration section and on the Website. Similarly, Jimdo makes no warranty as to the suitability of this information for the particular circumstances of the individual User.

4.4 Jimdo offers the technical possibility to create your own website to a wide range of users. A personalized, individualized and case-by-case adaptation of the services to meet the individual needs of the User is not included.

4.5 Links to third-party websites (hereinafter referred to as external websites) are not to be understood as endorsements of the external websites or the products offered on the website. They also do not indicate that these websites are free from computer viruses or other harmful properties. Although Jimdo exercises particular caution when selecting websites for such links, Jimdo cannot accept responsibility for the handling of your personal information by the operators of those sites.

5. Shared, Linked, Searched and Generated Content

5.1 Jimdo can provide the technical ability to associate certain social media accounts with a Jimdo page. This allows the User to access their own social media content and store it directly in their image library or use it on their Jimdo website.

5.2 In entering their name or business data, the User instructs Jimdo to search for relevant publicly available information associated with the information provided. Jimdo then uses an API to automatically search for relevant publicly available information and present it to the User for selection. When selecting the most relevant result, the User confirms that he has a demonstrable right to use, adopt, publish and access that information. In isolated cases, Jimdo reserves the right to request appropriate evidence.

5.3 If the User shares, links, accepts, confirms, publishes or uploads content that is copyrighted or otherwise protected to the Dolphin Service, either directly or indirectly by linking to a social media account or by selecting specific search results, the User in so doing grants Jimdo the necessary, non-exclusive, free of charge, transferable, sub-licensable, worldwide and perpetual rights of use for the following exclusive purpose: to collect and save this content for the provision of the respective Dolphin services and only to the extent necessary (in accordance with the User’s privacy and app settings) to use, distribute, modify, execute, copy, publicly display or display, publish on its website (i.e. the Right of Public Access), translate and create derivative works of it.

5.4 By granting Jimdo the rights of access and use (including the right of public access) and confirming the ownership or confirming their appropriate authority over the data, the User acknowledges that they have thoroughly reviewed the content in question and that they are either the legitimate owner of the content or have the appropriate, demonstrable rights to represent and present that person or entity online on the applicable Jimdo Website.

5.5 The User may object to or modify the granted rights of use at any time with effect for the future by deleting or updating the contents directly on their Jimdo page or by removing the link to the respective social media platform. If content is only deleted on the social media platform, it can continue to appear in the dashboard or on the website. For more information on how Jimdo uses and stores content, and the user's rights to Jimdo's data, see the Jimdo Privacy Statement as well as the Jimdo Dolphin Supplementary Privacy Notice.

5.6 Jimdo is not liable for content which is not compatible with the terms of use of the respective social media platform, nor is Jimdo liable for any incompatibility with the Jimdo Terms of Service or for any infringement of third-party rights.

6. General Responsibility and Responsibility for Content

6.1 Via the data-driven creation process of a Jimdo Dolphin website, Jimdo collects and analyzes data on behalf of the User with the aim of presenting curated website content to the user.

6.2 When selecting content for the User, Jimdo uses Dolphin services and technologies, as well as external services and e.g. photography providers, who, based on their own automated algorithms and technologies, suggest the most appropriate content for the User's website.

6.3 The services and technologies utilized by Jimdo are automatically implemented based on the data available at the time. Jimdo makes every effort to provide the User with relevant sources and / or photo information for the selected content on their website. However, Jimdo assumes no responsibility or liability for the accuracy or reliability of the information or content provided.

6.4 It is the sole responsibility of the User to carefully review any content provided, selected or suggested by Jimdo (or subcontractors/Processors commissioned by Jimdo) for its website, prior to publication. If the User uses or publishes copyrighted or otherwise protected content on their website, they are required to (regularly) review all content as well as the source thereof, prior to publication and where applicable, the related terms of service of the relevant provider and to ensure that the necessary rights of use exist and the relevant and up-to-date copyright information is provided on their website. By reviewing the Content and subsequently publishing the Website, the User acknowledges that, as the owner of the Website, they alone are responsible for all content published, stored and provided on their website.

7. Website Creation, Administration and Analysis

7.1 Jimdo wants to provide users with an ever-improving User experience. For this purpose, in the edit mode of all websites, web page analysis tools, including third-party web page analysis tools, are used to gather information on how the User interacts with the service (cross-device) during the development of their website(s).

7.2 A current list of the relevant website analysis tools, information about the collected data and the rights of the User in this regard can be found in the Jimdo Privacy Policy, as well as the supplemental Dolphin Privacy Notice. The web page analysis tools record the User behavior in the edit mode of the respective website. The recording of visitor sessions allows Jimdo to analyze them and then improve the website experience and creation process for the User. Jimdo and the Processors commissioned by Jimdo, store and collect this data in pseudonymised form. Jimdo reserves the right to use various website analysis tools. This is indicated in the Privacy Policy. Jimdo makes sure that when selecting the website analysis tools a careful selection of the respective service provider takes place and the data protection requirements for the use of the respective system/Tool are upheld.

8. Changes to the Dolphin Performance and Services

8.1 The subject matter of the contract shall be the Dolphin services provided by Jimdo, as provided in the respective package description at the time of the customer's purchase. Jimdo assumes no warranty of defects for this. Jimdo warrants that the Services will be provided with reasonable care and expertise.

8.2 Jimdo reserves the right to enhance, modify, delete and improve features of the Dolphin Services, in particular where this serves technical advancements, and / or to enhance the Jimdo defined User experience, and/or where such changes are necessary to prevent abuse. Jimdo is entitled at any time to change functions provided free of charge in the Jimdo Dolphin Service, to make new functions available free of charge or for consideration and / or to cease the provision of gratuitous functions. In so doing, Jimdo will always take the legitimate interests of Jimdo Users, point 10.12 and point 17.5 of Jimdo's General Terms of Service, as well as the relevant terms concerning Processors in the Data Processing Agreements, into consideration.

9. The Dolphin Shop Solution

9.1 The Dolphin Shop Solution (included e.g. in the “eCommerce Package/Plan”) is not suitable for the sale of digital products.

9.2 The Dolphin Shop system was designed for the offering of services and goods from businesses to consumers (B2C). Sales from business to business (B2B) is carried out at the User’s own risk and liability and is not supported by Jimdo.

9.3 The User is hereby expressly informed of and directed to the relevant provisions of the Jimdo Terms of Service this regard, i.e. Points: 2.5, 3.1, 5.2 and 5.5.

10. Concluding Provisions

10.1 In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.

10.2 If individual regulations of these Supplementary Terms should be or become ineffective, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

10.3 For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/. Please be aware that Jimdo is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.

Published: 22.11.2018