Privacy Policy

At Twisper Travel GmbH (“Twisper”) we are fully aware of the importance of your privacy. We would, therefore, like to take this opportunity to give you a quick overview about our security measures and how we protect your personal data and our security measures.

1.    Collection of Data

Twisper collects information through its Website at several points.

If you use the website www.twisper.com and/or any Twisper mobile application (the “Website”), you will need to register to use certain functions (each registered user a “User”). The registration process requires that you provide us with your first name, last name, email address and a few words about yourself (“Personal Data”). The Personal Data will be handled by Twisper in strict confidence according to the applicable legal provisions. The Personal Data will only be collected, processed and used for the purpose of providing our Twisper Website functions, unless you expressly consent to other uses. The Personal Data is collected, used and processed electronically.

No persons under the age of 18 will be actively marketed to, nor will they be knowingly asked to provide personal information.

2.    Use of Personal Data

Twisper will only transfer or process Personal Data to third parties if this is required for statutory or legal reasons and/or if this is required in order to offer and implement services of Twisper to you and/or if Twisper has your explicit consent to do so.

Twisper shall be entitled to collect, process and use your Personal Data for the purpose of identifying, delimiting and removing malfunctions and errors in the telecommunication systems. If the requirements are met, Twisper may collect, process and use Personal Data that is necessary to uncover any unlawful use of the telecommunication systems and services. In accordance with prevailing legal provisions, Twipser may provide information to criminal prosecution authorities and courts for prosecution purposes. Besides this, data on demographics and social interactions are collected in order to improve the service provided to Users.

If you wish to provide Twisper with other personal information such as name, gender, birth date, country, location and/or your personal homepage, you may do so, and this information will be treated with the same care as other Personal Data.

A part from this, Twisper will not pass on your Personal Data without your explicit prior consent.

3.    Information

Upon request, Twisper shall provide you with the information on the stored Personal Data relating to your person, free of charge and without delay. The information can be provided electronically, if desired. In applicable cases we are obliged, upon request, to correct, block or delete the Personal Data stored about you.

4.    Cookies

Twisper makes use of cookies to provide its Users with a customised product/service through identifying unique visitors and their respective usage patterns. Cookies are identifiers placed on a User’s hard drive by the server and allow Twisper to streamline its products to better suit Users’ needs. No personally identifiable information is collected.
Demographic and traffic data may be collected by third parties’ advertising banners on our website. Third parties may also use cookies, for which we have neither access nor control.
The combination of this data could inadvertently lead to the identification of individual Users. User data may from time to time be collected and analyzed for statistical purposes, though in this case no individual’s data will be identified. If the User has agreed to provide their information to third parties with the ultimate goal of receiving personalised products and services, then Twisper may provide said third parties with the relevant data. In this case, we rely on technical and organisational means to assure that applicable data security regulations are followed.
All information, whether on data processors on Twisper’s premises or on servers acting on Twisper’s behalf, remains in complete control of Twisper at all times. Servers may be located in jurisdictions where data protection laws differ from those in the User’s jurisdiction.

5.    Google Analytics

Twisper uses Google Analytics, a service for the marketing analysis of this website, of Google Inc. (“Google”). Google Analytics uses codes consisting of text and numbers, which will be stored on your computer and which allow for an analysis of the use of the Website (“Cookies”). The information generated by the Cookie about your use of the Website (including your IP address) will be transferred to and stored by a Google Server. Google will use this information, to evaluate your use of the website, to prepare reports about the website activities for the website operators and to provide further services connected to the use of websites and the use of the Internet. Google may transfer this information to third parties, if legally obliged to do so or if third parties process these data on behalf of Google. In no case, Google will connect your IP address with other data from Google.
You can remove or deactivate such Cookies using the settings of your computer; in such a case you might not be able to fully use all functions of this website. By using this website you agree to the processing of your Personal Data by Google to the extent and purpose stated above. You can refuse to allow your data to be passed on by using a deactivation add-on for browsers under https://tools.google.com/dlpage/gaoptout?hl=en.

Please note that our Website uses Google Analytics with the extension ‘_anonymizelp()’ and consequently IP addresses are only used in shortened form in order to prevent direct personal references.

6.    Log Files

We use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track User’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.
At Twisper we collect aggregate traffic statistics, internet protocol addresses, browser types, and internet service providers (ISP) using log files. Traffic statistics include, but are not limited to: referring/exit pages, date/time stamp, clicking patterns and click through rates. These data are used to streamline the User experience, improve the products and services provided to Users on the Twisper Website. None of this information, however, is linked to an identifiable individual, and as previously mentioned, is only used in the aggregate.

7.    Right of Access, Correction, and Cancellation

Users are required to inform Twisper of any changes to personal data stored in Twisper’s system—these changes can be communicated via email at the following address:  support@twisper.com.
You are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account.
Maintaining the confidentiality of the User’s username and password is the sole responsibility of said User. Any activities that take place under a User’s account are the responsibility of that User.
If Users wish to withdraw these usage rights, they can at any time delete their account.

8.    Use of information, Unlawful Activities, and Security

Twisper may send you a newsletter with information regarding its services or other promotional material, if you have ordered this newsletter. You may cancel the order at any time and free of charge by using the link in the newsletter.
Personally identifiable information may be used to contact Twisper Users concerning offers provided by Twisper, as well as any affiliates, independent contractors, and business partners, in the case that the User has agreed to do so. These data may also be used for research, product development, and to determine the effectiveness of marketing, advertising and sales efforts.
Third parties, including but not limited to subsidiaries or affiliate companies, may be engaged to analyze, preserve, or store Twisper’s User data. Any third party provided with Twisper data in this respect is subject to the same duty of care laid out in this Privacy Policy. Furthermore they are prohibited from disclosing User data to any other person or party, unless otherwise stipulated in this Privacy Policy.

9.    Data Protection

Twisper hereby explicitly notifies you that data protection and data privacy during data transfer via open networks such as the Internet cannot be completely guaranteed under the current state of technology. You understand and acknowledge that the provider can view, in technical terms, the pages stored on the web server and, perhaps, other data stored on such server at any time.

10.    Third party websites

The Website contains links to and may be accessed by other websites. We are not responsible for the privacy policies or practices of third party websites. When you log in via Facebook Connect or via other social networks, we only use your User ID, but we do not use your email address or password.

11.    Contact

Should you have further questions concerning the Data Privacy Provisions, please do not hesitate to contact us at: support@twisper.com.

Imprint

Last updated on October 15 2012
Information according to § 5 TMG:
Twisper Travel GmbH
Lützowplatz 7
10785, Berlin

Registered: Beat Arnold

Telephone: +49 (0) 30 467 249 19-0
Fax: +49 (0) 30 467 249 19-9

Email: info [at] twisper.com
Web: http://www.twisper.com

Commercial register:
Registry court: Amtsgericht Charlottenburg
Register number: HRB 143121)
Tax number: 29/441/15755
VAT No.: DE28 4809 936

Terms and Conditions

1. General

1.1. Twisper Travel GmbH offers a web portal and mobile app that suggests exclusive travel locations to its users (“Twisper”). Twisper enables its Users to add their favorite locations (i.e. hotels, restaurants, bars, cafés, clubs, shops) into their Profile. The purpose of Twisper is to recommend friends and followers favorite places all over the world. The Users will be able to see what locations other users with similar tastes like most. Each User may generate his/her own content on Twisper such as reviews, photos, comments, statements, profile information (all content generated by the User the “Content”).

1.2. All contractual relationships between Twisper Travel GmbH and any user using Twisper (a “User”, “Users”) shall be governed by these terms and conditions (the “Terms and Conditions”) subject to applicable terms and conditions of third parties (Apple Inc, Google) and separate agreements between Twisper and Users with Editor Status.

1.3. Twisper is offered for non-commercial use only.

2. Registration/Usage Agreement

2.1. By registering with Twisper (“offer”) and clicking the box “I agree to these Terms and Conditions” a User agrees he has read, understood, and accepted the Terms and Conditions. With the activation of the registration by Twisper Travel GmbH (“Acceptance”), the User and Twisper Travel GmbH enter into a usage agreement (the “Usage Agreement”).
 The Usage Agreement particularly entitles the User to:

create a profile (the “Profile”)

add Content, in particular create and add Guides

bookmark locations

get locations suggested

create a new location

comment on a location

see reviews from other Users

engage in social network

follow other Users (a “Follower”, the “Followers”)

directly book restaurants, hotels and other locations with the host (see also sec. 9)

2.2. For the registration and creation of a Profile, the User has to provide a user name and a password. The User is responsible for the accuracy of the information necessary for registration as a User. He is obligated to keep passwords secret and protect it against unauthorized use by third parties. In case of misuse or loss of the password or in case of an appropriate suspicion, he must report the same to Twisper Travel GmbH to support@twisper.com. The User may not use photos, names or other personal data for his Profile that could infringe third party rights.

2.3. Twisper is being offered to persons over 18 years of age only.

2.4. The registration and use of Twisper is free of charge. The entitlement of a User to use Twisper and its functions shall only apply within the scope of current technology and the technical availability of Twisper. Twisper Travel GmbH may limit the accessibility of its services for a limited period of time, if case capacity limits are reached or when this is necessary for maintenance work or because of safety reasons.

2.5. Twisper Travel GmbH reserves the right to amend these Terms and Conditions at any time without stating reasons, unless such amendment is unacceptable for the User.

3. General Terms for using Twisper

3.1. Twisper is not a rating portal. The aim of Twisper Travel GmbH’s policy and algorithm is to match Users with locations featured on Twisper in accordance with their interests and expectations. Every location within Twisper’s database has a right to exist and benefit positively from being featured within Twisper.
Twisper Travel GmbH therefore maintains the right to delete any and all negative recommendations or comments or reviews made by Users which may jeopardize the stated purpose and proper application of Twisper Travel GmbH’s policy and algorithm and/or the experience(s) of Users and locations. The User shall act according to the destined functions of Twisper and in accordance with applicable law. Any inappropriate or illegal use, manipulation, or change of Twisper is prohibited. It is particularly forbidden to use Twisper to distribute illegal Content and/or Content that infringes the rights of third parties, in particular but not limited to:

3.1.1. pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Content or to advertise, offer, or sell such products;

3.1.2. malware;

3.1.3. abusive or insensitive statements;

3.1.4. threats to other Users or location owners;

3.1.5. defamatory criticism, slander, offensive statements, lies or incorrect information;

3.1.6. content that affect or infringe the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;

3.1.7. the use of temporary email addresses;

3.1.8. to provide names, addresses, telephone numbers, facsimile numbers, email addresses, user names, or other data, unless they are your own;

3.1.9. unauthorized advertising;

3.1.10 Content that has been copied in whole or in any part from any other work or material without the permission of the respective copyright owner.

3.2. When making comments/reviews on locations, the User must furthermore:

3.2.1. comply with Twisper’s policy and purpose to match Users with locations by providing only positive recommendations or comments or reviews in order to benefit the overall experience of using Twisper for both Users and locations;

3.2.2. make truthful statements only;

3.2.3. not state advertisement disguised as option or review;

3.2.4. indicate if he is the owner, employee of the reviewed location or if he has any other similar relationship to the location.

3.3. The User shall have no right to the publication of Content. Twisper Travel GmbH reserves the right to remove or edit any Content at any time without notice or explanation.

3.4. Twisper Travel GmbH shall not be obligated to specify any User as author of a photograph.

4. Usage Levels

4.1 Depending on the scope of use of Twisper by each User, the User will receive certain Badges for their Profile. The type of Badge and the rights accompanied with it depends on the number of Miles the User has. Miles may be earned from using Twisper as set out below. The different Member Levels are set out as follows:

Badge Color Title Miles
Globe White Member 100 No further rights
Globe Bronze Member 250 One free Premium Guide (as soon as there are released)
Globe Silver Member 600 Two free Premium Guides (as soon as there are released)
Globe Gold Member 1000 Five free Premium Guides (as soon as available)
Twisper Icon Green Editor 1500 Min. 100 Followers – Allowed to create and sell Premium Guides under separate terms
Twisper Icon Gold Ambassador – Handpicked – All rights and all Guides for free

4.2 Twisper grants Miles to Users according to its Miles system as follows
Activity Miles Newsfeed Event Notes

Complete Profile 100 Single Event Pic + Cover Pic + About + 1 Guide + 5 Bookmarks
Create Location 5 Single Event If inappropriate User looses Miles
Create Guide 5 Event + Miles If inappropriate User looses Miles
Add Highlight 3 Event + Miles If inappropriate User looses Miles
Add Photo 3 Event + Miles If inappropriate User looses Miles
Be Followed 3 Event + Miles If inappropriate User looses Miles
Be Followed +10 5 Event + Miles
Share Location or Guide 3 Event + Miles
Invite Friends . fcbk – TxT – PB 3 Event + Miles
New city favorite 5 Event + Miles
Favorite 2 Event + Miles Only the first 200 favorites
Check-in 2 Event + Miles Only if User is near to the location 5 km
Want To Go 1 Event + Miles Only first 200 want to Go’s
Guide I created sub. By + 10. 5 Single Event

5. Competition

Twisper offers the competition to win a bottle of champagne (the “Prize”) to its Users every day (the “Competition”).

5.1 The Competition is open to all daily active Users. Twisper reserves the right to exclude a User in breach with the Terms and Conditions. The Competition is not open to employees (or members or their immediate families) of Twisper.

5.2 The winner of the Competition will be picked by the following algorithm:

• No User can win a bottle more than once a month
• Each daily User activity augments the chance of winning 0.1 %
• If the chance to win the Prize is equal between to Users the system picks the User that never won the Prize
• If both Users received already the Prize than the Prize goes to the one that received the Prize a longer time ago
• By same number of Miles at the end of the day and in case the User never won the Prize the selection is random

5.3 The Prize is attributed every day at 18:00:00 UTC. The count of the activities for the next day starts at 18:00:01 UTC

5.4 Twisper will notify the winning User by sending him a link. The winning User has to complete a form via such link within 15 days after he has been notified to get the Prize. The User will have to fill in his name, date of birth as well as his complete address (including country) and send the form to prices@twisper.de. Upon Twisper’s request, the winning User must provide documents to proof its age. Twisper will deliver the Prize within 60 days after having received the filled out form and, if applicable, documents to proof the User’s age.

5.5 The Prize is not transferable to another person. No cash disbursement and/or replacement of the Prize is possible.

5.6 Twisper reserves the right to terminate the Competition at any time, however not before such termination has been published on Twisper.

6. Intellectual Property Rights

6.1. Twisper Travel GmbH does not claim any ownership over User’s Content. However by uploading, or otherwise publishing any Content on Twisper, the User grants Twisper Travel GmbH the non-exclusive, worldwide, royalty-free, unlimited in terms of content or time, sub-licensable right to use the Content, in particular to copy, modify, transmit, store, archive, display and publish the Content in all media along with the user name which the User has chosen or anonymously if the User unsubscribed according to Section 6.1 hereof and the respective Content was not deleted in the User’s Profile before that.

Twisper may only modify User Content out of visual or graphical reasons or for clarification.

6.2. The license granted by the User to Twisper Travel GmbH does not end with the termination of registration of such User, unless the Content was deleted in the User’s Profile before the termination and has not been published or otherwise shares with other Users.

7. User’s Warranty, Responsibility

7.1. The User is solely responsible for their Content. In particular, the User represents and warrants that
• any material, data, images, photos, videos and other Content submitted or otherwise transferred or published via Twisper does not infringe third party rights or any applicable law;
• the Content does not consist of or include content according to Section 3 hereof;
• he is the owner of all intellectual property right, in particular any copy rights, of the Content;
• he has not granted any rights of any nature in the Content to any third party.

7.2. Twisper Travel GmbH has no ability to and does not control or monitor any of the Content. Twisper Travel GmbH is not responsible or liable for the availability, accuracy, completeness, up-to-dateness and legality of the Content.

8. Purchase of Premium Guides

Each User may also create and add guides with travel suggestions and tips (the “Guide” or “Guides”). The User may offer Guides for sale on Twisper (the “Guide Store”) if he has been granted an “Editor Status” by Twisper (the “Premium Guide” or “Premium Guides”). Twisper will grant an Editor Status to Users with a combined minimum of 100 Followers and 150 Miles by separate agreements.

The Users will be offered to purchase Premium Guides of other Users or Twisper in Twisper’s Guide Store.

8.1 The User makes a binding offer to buy a Premium Guide by using the button [“Purchase”]. By making available the Premium Guide for download to the User Twisper accepts the purchase. The User may download the respective Premium Guide on [one] device of his choice.

8.2 Payment for the purchase of a Premium Guide in the amount defined in the Guide Store becomes due immediately with the conclusion of the contract.

8.3The User will be required to provide Twisper with billing and account information for credit card or other payment systems, such as [PayPal], (each a “Payment Source”) for which the User is authorized to approve charges to allow Twisper to collect payment from the Users for their purchases. The User authorizes Twisper to automatically and immediately use the User’s Payment Source when payments for purchases are due.

8.4 Twisper grants User the non-exclusive, non-transferable, non-sublicensable right, worldwide and unlimited in terms of time, to use the purchased Premium Guide in accordance with these Terms and Conditions.

8.5 Users are granted a legal right of withdrawal:

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving a reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Twisper Travel GmbH, Lützowplatz 7, 10785 Berlin, +49 (0) 30 467 249 19-0, e-mail: info@twisper.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

To
Twisper Travel GmbH
Lützowplatz 7
10785 Berlin
e-mail: info@twisper.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

__________
____________
(*) Delete as appropriate

Information: Your right to withdraw expires, if Twisper begins with the performance of the contract, after you have expressly agreed, that Twisper begins with the performance of the contract before the withdrawal period had expired, and you have confirmed your knowledge about loosing your right to withdraw from the contract by given such approval.

9. Booking

The User will be able to directly book locations or make reservations with the host on Twisper. Therefore Twisper provides User with a link (“Book Button”) to the respective host. Twisper is neither liable for bookings nor for reservations, because Twisper only provides the link.

10. Termination of Usage Agreement

10.1. The User may unsubscribe from Twisper at anytime without giving reason and without notice by either sending an email to support@twisper.com, or by activating the respective button in his account.

10.2. Twisper Travel GmbH may terminate a registration by sending an email to the respective User 14 days before the date of termination. If a User violated any of these Terms and Conditions, Twisper may terminate the registration without previous notice.

10.3. The right of termination for cause and without notice remains unaffected for both parties.

11. Liability of Twisper Travel GmbH

11.1. Twisper Travel GmbH is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by Twisper Travel GmbH, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance Twisper Travel GmbH’s liability shall be as set forth in the provisions for slight negligence.

11.2. In cases of slight negligence, Twisper Travel GmbH is only liable if it, its legal representatives or assistants in performance have infringed a fundamental duty and if the purpose of the contract is threatened thereby or if it, its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases, Twisper Travel GmbH is only liable for foreseeable damages to the User at the time the respective service was performed. Liability of Twisper Travel GmbH for consequential damage and lost profit is excluded.

11.3. Twisper Travel GmbH will not be liable hereunder by reason of any failure to timely perform its services hereunder due to an event beyond its reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.

11.4. Twisper Travel GmbH will make every effort to provide a stable and powerful service in cooperation with service partners and data processing centers. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of service. No guarantee of Twisper Travel GmbH shall be given for the absence of viruses or any other harmful components of Twisper or Twisper Travel GmbH’s software.

11.5. If the liability of Twisper Travel GmbH is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.

11.6. The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Twisper Travel GmbH, its legal representatives or assistants in performance.

11.7. The User Content represents the views of the individual User and does not represent a statement, opinion, option, recommendation or review by Twisper Travel GmbH. Each User is solely responsible for their Content, which is not reviewed by Twisper Travel GmbH. Twisper Travel GmbH does not adopt any of the Content as its own. Twisper Travel GmbH is not responsible for the accuracy or correctness of the Content.

12. Indemnification

12.1. A User will indemnify, defend, and hold harmless Twisper Travel GmbH and its officers, directors and employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Users use of Twisper; (ii) any breach by User of any warranty defined in Section 5 hereof; (iii) any claim that the User’s Content caused damage to a third party.

12.2. In cases of an aforementioned enforcement of claims by third parties, the User will provide Twisper Travel GmbH with all his information that is needed for the examination of the claim and for the defense against it. The User provides the information immediately, truthfully, and completely.

12.3. The regulation of liability of a User or his obligation of indemnification shall apply to the same extent in the event of an act of his sub-account user.

13. Data Protection

Please find Twisper Travel GmbH’s Privacy Policy on the website at http://twisper.com/start/legal/#privacy.

14. Miscellaneous

14.1. Any contracts entered into between Twisper Travel GmbH and a User shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

14.2. If the User is a legal entity or a foreign special fund organized under public law, the courts in Berlin, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.

14.3. Should any provision of these Terms and Conditions be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms and Conditions if any court has confirmed such proceeding.

14.4. For the convenience of the User Twisper provides an english translation of the Terms and Conditions. In the event of any conflict between the German and the Englisch versions the German version shall prevail

Last update: June 12, 2014.