Terms of Service
deskbird Workplace Platform
Welcome to deskbird!
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the website located at https://app.deskbird.ch (the “Site”), any deskbird mobile application and application program interface (“Mobile Application”), any deskbird web application (“Web Application”) and all associated services, you agree to comply with and be bound by these Terms of Service.
deskbird may change these Terms of Service from time to time. Changes will be effective when deskbird posts updated Terms of Service at this location or within the applicable Service and the “Last updated” date set forth above will be updated accordingly. Your continued access or use of the Service after such posting confirms your consent to be bound by the updated Terms of Service. Any revisions to these Terms of Service will become effective the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Service, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.
Last updated: 21 June 2021
The terms quoted and defined in this section 1 shall, whenever used as a capitalised word in these Terms of Service, whether in the singular or plural, have the meanings given below.
means Employees with a registered deskbird Account that is allowed by the Company to book Workstations or External Workplaces.
means the mobile application of deskbird.
means the binding reservation of a Workstation or External Workplace by a Client or a Visitor.
means the Company or Employee using the deskbird Platform.
means content such as text, photos, audio, video, booking confirmations, acceptations to formal or informal meetings and messages or other materials and information that the Client or Visitor creates, uploads, posts, sends, receives and stores on or through the deskbird Platform.
means the Client Content and deskbird Content combined.
means the legal entity implementing the deskbird Platform into their work environment.
means an account which grants access to the deskbird Platform.
means proprietary deskbird content and any content licensed or authorized for the use by or through deskbird from a third party.
means the entirety of the Site, the App and the Service rendered therein.
means application programming interfaces, browser or other application plugins and related documentation and other related materials, which may include sample code and can be used by the Company to program extensions to the deskbird Platform.
means a person working for or contracted by the Company or its subsidiaries and using the deskbird Platform.
means a workspace as offered by third parties that can be booked on the deskbird Platform and whose Booking is governed by the separate terms of service regarding workspaces.
means the monthly fee to be paid by the Company for each active deskbird Account or based on an agreed enterprise solution pricing.
means the bug fixing, updating and other modifications to the deskbird Platform provided by deskbird in order to correct faults.
means the time Employees spent at the Company or at their home working.
means any Client Content that is visible to other Clients or Visitors.
means the overlying agreement that governs the contractual relationship between the Company and deskbird in case the Company opts for the Service Package Enterprise.
means the services rendered by deskbird on the deskbird Platform according to the Terms of Service.
means a bundle of services provided by deskbird on the deskbird Platform.
means the normal business hours from Monday to Friday between 9:00 am and 6:00 pm Central European Time, with the exception of Swiss bank holidays.
means the technical support provided by deskbird with regards to the deskbird Platform.
Terms of Service
means the present terms of services governing the use of the deskbird workplace platform, as may be amended from time to time.
means third-party websites or resources.
means an external person not working for and not contracted by the Company or its subsidiaries and visiting Workstations by using the deskbird Platform.
means desks, offices, meeting rooms and other places where the Employees can do their work within the Company.
2. Scope of the deskbird Services
The deskbird Platform is a digital solution for companies to manage their Workstations that contains tools for:
- the setup and management of the Workstations within the deskbird Platform by administrators of the Company;
- the managing of the Employees’ individual rights of use of the Service or parts thereof by the Company;
- the coordination of Employees’ and teams’ home-office and in-office days;
- the organisation and booking of Workstations; i.e. enabling the Company to control and manage its Workstations and monitor the relevant utilization data generated by the Employees;
- the promotion of networking and culture building within the Company;
- ensuring workplace satisfaction, as well as the security and health of Employees;
- the organisation and digitalization of further workplace-related processes, such as visitor management, deliveries management, workplace incident management, facility management;
- the booking of External Workspaces according to the separate terms of services regarding External Workspaces;
- the integration of selected features of the deskbird Platform into the Company’s existing IT systems, such as user directories, communication platforms, calendar tools;
- the assistance of the Company in implementing the Service into its business.
To this end, the Client/Visitor agrees to these Terms of Service as the governing agreement for the use of the Service by the Client. Use of the Services is limited to Company-designated Employees and Visitors who have agreed during the authentication process to abide by the Terms of Service. The Company will be responsible to deskbird for the Employee’s and Visitor’s compliance with the Terms of Service.
As the provider of the deskbird Platform, deskbird does not own, sell, resell, provide, control, manage, offer, or supply Workstations. As such, deskbird does not guarantee the existence, quality, suitability, safety, availability or other features of Workstations. It is the Company’s responsibility to guarantee the existence, quality, suitability, safety, availability or other features of Workstations. Neither does deskbird control, monitor or manage the Bookings of the Employees or Visitors. The Client/Visitor alone is responsible for their Bookings on the deskbird Platform.
deskbird may make the deskbirdAPI available to the Company in order to further individualise their usage of the deskbird Platform, beyond the deskbird standard integrations. Subject to the Terms of Service, deskbird hereby grants the Company during the Term a non-exclusive license to use, directly or through third-party service providers acting on the Company’s behalf, the deskbirdAPI for the Company’s internal business purposes to develop or enable web or other software services or applications that will communicate and interoperate with the deskbird Platform. Notwithstanding anything in these Terms of Service to the contrary, the deskbirdAPI is provided “as is,” and deskbird makes no representation or warranty of any kind in connection with the deskbirdAPI, including without limitation any representation or warranty that the deskbirdAPI or any products or results of the use of the deskbirdAPI will meet the Company’s requirements, achieve any intended result, be compatible or work with any of the Company’s or any third party’s software, systems or other services. As between the Company and deskbird, the Company shall own all right, title and interest in and to the enhancements and extensions made by them, and deskbird shall own all right, title and interest in and to the deskbirdAPI.
The deskbird Platform may contain links to Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices. deskbird is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by deskbird of such Third-Party Services.
3. State of the Art and Innovation of the Service and Service Levels
Due to the nature of the internet, deskbird cannot guarantee the continuous and uninterrupted availability and accessibility of the deskbird Platform. deskbird may restrict the availability of the deskbird Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the deskbird Platform. deskbird may improve, enhance and modify the deskbird Platform and introduce new Services from time to time.
3.1. State of the Art and Innovation of the Service
deskbird warrants that the Services are in accordance with the applicable law and the state of the art and will adjust the Services to changes in these requirements.
3.2. Service Levels
deskbird provides the Services on a 24/7 basis and guarantees a yearly availability of the Services of 99% on a SaaS basis (yearly average). Excluded from this are times in which the server cannot be reached due to other technical problems beyond the control of deskbird (e.g. force majeure, third party negligence). Also excluded are planned maintenance work, which either take place outside of the Service Period, or were announced in advance.
deskbird provides regular Maintenance and Support during the Service Period. Any disruption of the system availability must be reported by the Client without undue delay after it has become known. In case of reports and disruptions of the system availability which lead to a total failure of the Service and which are received within the Service Period, deskbird will ensure a reaction time of four hours from the beginning of the disruption. In case of minor errors that do not lead to a total failure of the software and that occur during ongoing operation, deskbird will respond no later than one working day after receipt of the error message. Further support standards can be agreed between the Client and deskbird within individual service-level agreements but are not part of these Terms of Service.
deskbird will give its best to schedule and arrange its Maintenance work for the Service so that this Maintenance work does not cause reductions of the agreed availability of the Services, e.g. by providing for sufficient backup-capacity in its data-centres.
4. Eligibility, Using the deskbird Platform, Member Verification
In order to access and use the deskbird Platform or register a deskbird Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
deskbird may make access to and use of the deskbird Platform, or certain areas or features of the deskbird Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.
The access to or use of certain areas and features of the deskbird Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the deskbird Platform. If there is a conflict between these Terms of Service and terms and conditions applicable to a specific area or feature of the deskbird Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
5. Account Registration
In order to use the Service, the Client must register for a deskbird Account and provide information about themselves as prompted by the account registration form. The registering Client represents and warrants that: (a) all required registration information the Client submits is truthful and accurate; and (b) the Client will maintain the accuracy of such information;
As a Client, you can register a deskbird Account using an email address and creating a password, or through your existing company credentials, if this feature is enabled by the Company (SSO). The Client has the ability to disable the connection between their deskbird Account and their existing company credentials at any time.
If you are registering a deskbird Account for a Company, you represent and warrant that you have the authority to legally bind the Company and grant deskbird all permissions and licenses provided in these Terms of Service. A Company member is responsible for the compliance of each of its individual members (e.g., its employees, contractors, and other service providers).
Each individual Client may not register more than one deskbird Account unless deskbird authorizes them to do so. The Client may not assign or otherwise transfer their deskbird Account to another party.
The Client is responsible for maintaining the confidentiality of their deskbird Account login information and is fully responsible for all activities that occur under their deskbird Account. The Client agrees to immediately notify deskbird of any unauthorized use or suspected unauthorized use of their deskbird Account or any other breach of security. No third party is authorized by deskbird to ask for the Client’s credentials, and the Client shall not request the credentials of another Client. deskbird cannot and will not be liable for any loss or damage arising from the Client’s failure to comply with the above requirements.
The Client may delete their deskbird Account at any time, for any reason, by following the instructions on the Site or within the App. deskbird may terminate or suspend the Client’s deskbird Account in accordance with “Termination and Suspension” below.
6. Responsibilities of the Company
6.1. Acknowledgments by the Company
In addition to any other responsibility set out in these Terms of Service, the Company declares its agreement to:
- pay the License Fee owed according to section 6.2 of these Terms of Service.
- grant deskbird access to its premises and technical infrastructure to the extent necessary for deskbird to provide Services.
- Indemnity of damages resulting from non-existing or otherwise faulty/unsuitable Work-stations.
6.2. Fees and Payment
When registering a deskbird Account, the Company agrees to a set of features and a total number of Active Users. The monthly prices per Active User for each feature are stated on the website, and represent net prices, plus sales tax. The amount of monthly remuneration for the use of the Service depends on the following factors (“Service Parameters”) and will be displayed accordingly during the onboarding process:
- the selected total number of Active Users
- the selected features (e.g. Hybrid Starter, Hybrid Pro, Hybrid Enterprise)
- any other additional functionality (e.g. custom integrations)
The Company can choose between monthly or yearly billing. The Company agrees to pay the License Fee in advance for the contract period commenced. In case of annual billing, the invoice amount arises from the 12x monthly remuneration for the ordered Service, minus the discount noted on the website of deskbird for yearly billing.
If the price of the Service with monthly billing increases due to changes in the Service Parameters (e.g. more features/Active Users), deskbird will invoice the difference between the advance payment already made and the increased price until the end of the billing month either immediately or with the following invoice for the next billing month. If the price category of the version with monthly billing decreases due to changes in the Service Parameters (e.g. fewer features/Active Users) during the billing period, the Company is not entitled to a (pro rata) refund of the advance payment already made.
If the price of the Service with yearly billing increases due to changes in the Service Parameters (e.g. more features/Active Users), deskbird will invoice the difference between the advance payment already made and the increased price until the end of the billing year immediately based on a daily pro rata billing. If the price category of the version with yearly billing decreases due to changes in the Service Parameters (e.g. fewer features/Active Users) during the billing period, the Company is not entitled to a (pro rata) refund of the advance payment already made.
Should the Company default in the payment of the Licence Fees, deskbird may immediately block access to the deskbird Platform for Company’s deskbird Account and any subsequent deskbird Accounts. The Company is not entitled to any kind of compensation of damages arising from the blocking of access to the deskbird Platform due to default.
Companies that agree to the Service Package “Enterprise” can sign off on a separate SaaS Agreement. The provisions of the Terms of Service also apply to the SaaS Agreement unless the parties agree otherwise.
6.3. Minimum Term and Termination
In case of monthly billing, a minimum term of one month shall apply. After the minimum term expires, the contract is extended by extension periods of one month in each case, unless the Company terminates the contract before the beginning of the extension period.
In case yearly billing, a minimum term of one year shall apply. After the minimum term expires, the contract is extended by extension periods of one year in each case, unless the Company terminates the contract with a notice period of two months prior to the beginning of an extension period.
7. Client Content
deskbird may, in its sole discretion, enable Clients or Visitors to (a) generate Client Content; and (b) access and view other Client Content and any content that deskbird itself makes available on or through the deskbird Platform, including deskbird Content.
The Service and the Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Switzerland and other countries. The Client/Visitor acknowledges and agrees that the deskbird Platform and deskbird Content, including all associated intellectual property rights, are the exclusive property of deskbird and/or its licensors or authorizing third parties. The Client/Visitor must not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the deskbird Platform or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the deskbird Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
The Client/Visitor will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the deskbird Platform or any Collective Content, except to the extent to that the Client/Visitor is the legal owner of such Client Content or as expressly permitted in these Terms of Service. No licenses or rights are granted to the Client/Visitor by implication or otherwise under any intellectual property rights owned or controlled by deskbird or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
Subject to the Client’s/Visitor’s compliance with these Terms of Service, deskbird grants the Client/Visitor a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the Mobile and Web Application on the Client’s mobile and other device(s); and (b) access and view any Collective Content made available on or through the deskbird Plat-form and accessible to the Client/Visitor, solely for the Client’s/Visitor’s personal and non-commercial use.
The Client/Visitor is solely responsible for all Client Content that they make available on or through the deskbird Platform. Accordingly, the Client/Visitor represents and warrants that: (a) they either are the sole and exclusive owner of all Client Content that they make available on or through the deskbird Platform or they have all rights, licenses, consents and releases that are necessary to grant to make the Client Content available to other Clients/Visitors, as contemplated under these Terms of Service; and (b) neither the Client Content nor its Posting will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
deskbird may, without prior notice, remove or disable access to any Client Content that deskbird finds to be in violation of these Terms of Service or deskbird's then-current policies, or otherwise may be harmful or objectionable to deskbird, its Clients, third parties, or property.
8. Intellectual Property
deskbird’s name, the deskbird logo, and all related names, logos, product and service names, designs, and slogans are trademarks of deskbird. The Client/Visitor must not use such marks without deskbird’s prior written permission.
8.2. Copyright Policy
deskbird respects the intellectual property of others and asks that those that use the Service do the same. In connection with the Service, deskbird has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the accounts of those that use the deskbird Platform who are repeat infringers of intellectual property rights, including copyrights. If a Client/Visitor believes that another Client/Visitor is, through the use of the Service, unlawfully infringing the copyright(s) in a work, and wishes to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to deskbird:
• the Client’s/Visitor’s physical or electronic signature;
• identification of the copyrighted work(s) that the Client/Visitor claims to have been infringed;
• identification of the material on the Service that the Client/Visitor claims is infringing and that they request us to remove;
• sufficient information to permit us to locate such material;
• the Client’s/Visitor’s address, telephone number, and e-mail address;
• a statement that the Client/Visitor has a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the Client/Visitor is either the owner of the copyright that has allegedly been infringed or that they are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by deskbird in connection with the written notification and allegation of copyright infringement.
9. Prohibited Activities
The Client/Visitor is solely responsible for compliance with all and any laws, rules, regulations, and tax obligations that may apply to their use of the Service. In connection with the Client’s/Visitor’s use of the Service, they will not and will not assist or enable others to:
• use the deskbird Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies a partnership with, or endorsement by, deskbird or otherwise misleads others as to the Client’s/Visitor’s affiliation with deskbird;
• use the deskbird Platform in connection with the distribution of unsolicited commercial messages (e.g., spam);
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• post, upload, publish, submit or transmit any Client Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any deskbird policy;
• use, display, mirror or frame the deskbird Platform or Collective Content, or any individual element within the deskbird Platform, deskbird’s name, any deskbird trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the deskbird Platform, without deskbird's express written consent;
• dilute, tarnish or otherwise harm the deskbird brand in any way, including through unauthorized use of deskbird Content, registering and/or using deskbird or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to deskbird domains, trademarks, copyrights, or deskbird Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the deskbird Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by deskbird or any of deskbird’s providers or any other third party to protect the deskbird Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the deskbird Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the deskbird Platform;
• export, re-export, import, or transfer the deskbird Platform except as authorized by Swiss law, the export control laws of the Client’s/Visitor’s jurisdiction, and any other applicable laws; and/or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
The Client/Visitor acknowledges that deskbird has no obligation to monitor the access to or use of the deskbird Platform by any Client/Visitor or to review, disable access to, or edit any Client Content, but has the right to do so to (a) operate, secure and improve the deskbird Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (b) ensure Client’s/Visitor’s compliance with the Terms of Service; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) respond to User Content that it determines is harmful or objectionable; or (e) as otherwise set forth in the Terms of Service. Clients/Visitors agree to cooperate with and assist deskbird in good faith, and to provide deskbird with such information and take such actions as may be reasonably requested by deskbird with respect to any investigation undertaken by deskbird or a representative of deskbird regarding the use or abuse of the deskbird Platform.
If the Client/Visitor feels that any other Client/Visitor they interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) the Client/Visitor suspects of stealing from them, or (c) engages in any other disturbing conduct, the Client/Visitor should immediately report such person to the appropriate authorities and then to deskbird. The Client/Visitor agrees that any report they make will not obligate deskbird to take any action (beyond that required by law, if any).
10. Termination and Suspension
These Terms of Service will remain in full force and effect while the Client/Visitor uses the deskbird Platform. deskbird may suspend or terminate the Terms of Service and the Client’s/Visitor’s right to use the deskbird Platform at any time for any reason at deskbird’s sole discretion, including for any use of the deskbird Platform in violation of the Terms of Service. The Client/Visitor may delete their deskbird Account at any time within their settings or by sending deskbird an email at email@example.com. Upon termination of the Client’s/Visitor’s deskbird Account, their right to access and use the deskbird Platform will terminate immediately.
If the Company deletes its deskbird Account, any subsequent deskbird Accounts will be automatically terminated.
When the Client/Visitor terminates their deskbird Account, they are not entitled to a restoration of their deskbird Account or any of their Client Content.
In addition, deskbird may take any of the following measures (a) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (b) if the Client/Visitor has breached these Terms of Service, applicable laws, regulations, or third party rights; (c) if the Client/Visitor has provided deskbird with inaccurate, fraudulent, outdated or incomplete information; and/or (d) if deskbird believes in good faith that such action is reasonably necessary to protect the personal safety or property of deskbird, its Clients, or third parties, or to prevent fraud or other illegal activity:
• obscure, delete, or delay any Client Content;
• limit the Client’s/Visitor’s access to or use of the deskbird Platform; and/or
• temporarily or permanently suspend the Client’s/Visitor’s deskbird Account and stop providing access to the deskbird Platform.
If deskbird takes any of the measures described above, the Company will not be entitled to any compensation for already paid License Fees.
If the Client’s/Visitor’s access to or use of the deskbird Platform has been limited or their deskbird Account has been suspended or terminated by deskbird, the Client/Visitor may not register a new deskbird Account or access and use the deskbird Platform through a deskbird Account of another Client/Visitor.
If the Client/Visitor chooses to use the deskbird Platform or Collective Content, they do so voluntarily and at their sole risk. The deskbird Platform and Collective Content are provided on an “as is” and “as available” basis, and deskbird expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. deskbird makes no warranty that the deskbird Platform will meet the Client’s/Visitor’s requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. deskbird makes no warranty that the Workstations will meet the Client’s/Visitor’s requirements, or that any Workstation meets applicable legal standards and is safe or suitable for the intended use. deskbird cannot guarantee and does not promise to Clients/Visitors any specific results from the use of the deskbird Platform or a Workstation. If applicable law requires any warranties with respect to the deskbird Platform, all such warranties are limited in duration to 90 days from the date of first use. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
12. Limitation of Liability
deskbird does not control and is not responsible for the actions of other individuals the Client/Visitor encounters through the deskbird platform. The Client/Visitor should be aware that other Clients/Visitors may not be who they claim to be. deskbird does not perform background checks on its Clients/Visitors, nor does deskbird guarantee that its Clients’/Visitors’ profiles or account information is accurate. deskbird does not endorse, support, or verify the facts, opinions, or recommendations of its Clients/Visitors. If a dispute arises between Clients and or Visitors, deskbird has no responsibility or obligation to participate, mediate, or indemnify any party.
To the maximum extent permitted by applicable law, deskbird is not responsible or liable in any manner for any loss or damage arising out of the Client’s/Visitor’s transactions, communications, Bookings, and interactions with any other Clients/Visitors or your use of the deskbird platform. The Client/Visitor hereby releases deskbird from any and all claims, causes of actions, obligations, or liabilities arising from or relating to such transactions, communications and interactions on the deskbird platform, collections sent to the Client/Visitor by another Client/Visitor and the quality, conditions or suitability of any Workstation.
To the maximum extent permitted by law, neither deskbird nor any other party involved in creating, producing, or delivering the deskbird Platform or Collective Content will be liable to the Client/Visitor or any third party for any lost profits, lost data, loss of goodwill, costs of procurement of substitute products or services, any indirect, consequential, exemplary, incidental, special, or punitive damages, or for any damages for personal or bodily injury or emotional distress arising from or relating to (a) these Terms of Service, (b) from the use or inability to use the deskbird Platform or Collective Content, or (c) from any communications, interactions, or meetings with other Clients/Visitors or other persons with whom the Client/Visitor communicates, interacts, or meets as a result of their use of the deskbird Platform, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not desk-bird has been informed of the possibility of such damage, even if a limited remedy set forth here-in is found to have failed of its essential purpose.
In no event will deskbird’s aggregate liability arising out of or in connection with the Terms of Service and the Client’s/Visitor’s use of the deskbird Platform exceed CHF 100.-. The limitations of damages set forth above are fundamental elements of the basis of the bargain between deskbird and the Client/Visitor.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Client/Visitor agrees to defend, indemnify, and hold harmless deskbird, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Service and/or the Client’s/Visitor’s use of the deskbird Platform, including, but not limited to, (i) Client Content, (ii) Workstations, (iii) any use of the deskbird Platform’s content, services, External Workspaces, and products other than as expressly authorized in the Terms of Service, (iv) the Client’s/Visitor’s use of any information obtained from the deskbird Platform, and (v) the Client’s/Visitor’s negligence or misuse of the deskbird Platform or a Workstation.
14. Applicable Law and Jurisdiction
These Terms of Service, including the issues of its formation and validity, shall exclusively be governed by Swiss Law, without regard to conflict of laws and international conventions. This includes issues of the formation and validity of this clause.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Service and in relation to the subject matter of these Terms of Service, including questions of the formation, validity, invalidity, binding nature, implementation, amendment or addendum, breach or termination of this Agreement, shall be St.Gallen-Switzerland.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the deskbird Platform (“Feedback”). If you provide deskbird with any Feedback, you hereby assign all rights of such Feedback to deskbird and agree that deskbird will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. deskbird will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to deskbird any information or ideas that you consider to be confidential or proprietary.
16. Entire Agreement
17. General Provisions
The Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of the Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Service will be unimpaired. In this case, the ineffective or void provision shall be replaced by a new, legally permissible provision which comes closest to the ineffective or void provision in its economic meaning and effect. The same procedure shall be followed if a contractual gap becomes apparent.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision.
The Client/Visitor may not assign, transfer or delegate this agreement and their rights and obligations hereunder without deskbird’s prior written consent. deskbird may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion. The Client’s/Visitor’s right to terminate their deskbird Account at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Users permitted or required by these Terms of Service will be provided electronically and given by deskbird via email, service notification, or messaging service (including SMS). The date of receipt will be deemed the date on which deskbird transmits the notice.
18. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the deskbird platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Should the applicable law provide a shorter timeframe in which claims have to be commenced, then that timeframe shall apply.
19. Contact Us
This Site and App are operated by deskbird AG. We welcome your comments, questions, concerns, or suggestions. Please contact us using the information below:
CH-9000 St. Gallen
We are looking forward to supporting you in creating a better workplace.
deskbird Workplace Platform
Last updated: 21 June 2021
Thank you for using deskbird! Your trust is important to us and we are committed to protecting the privacy and security of your personal information. The information that is shared with us helps us to provide a great experience with deskbird. We have a data protection officer that is committed to protecting all the personal information we collect and help ensure that personal information is handled properly worldwide.
If you see an undefined term in this Policy (such as “deskbird Platform”), it has the same definition as in our Terms of Service.
2. WHAT WE COLLECT
As a user of the deskbird Platform, we get information about you in a range of ways.
2.1 Information You Give Us
2.1.1 Information that is necessary for the use of the deskbird Platform.
We ask for and collect the following personal information about you when you use the deskbird Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
- Basic Account Information. When you sign up for a deskbird Account, we require certain information such as your first name, last name and email address.
- Additional User Information. To use certain features of the deskbird Platform (such as Office Planning, External Workspace Booking, etc.), we may ask you to provide additional information or synchronize with your Company’s existing IT tools or databases. This additional information may include a profile picture, organizational information, planned absences (e.g. vacation).
- Information on your perceived health. As part of the security feature of the deskbird Platform, you may have to confirm that you have no symptoms of viral or bacterial infections. This information is collected by deskbird and can be provided to your employer, in accordance with current data protection regulations.
- Payment Information. To use certain features of the deskbird Platform (such as booking External Workspaces), we may require you to provide certain financial information (like your credit card information) in order to facilitate the processing of payments.
- Communications with deskbird and other Users/Clients or Workspace Partners. When you communicate with deskbird or use the deskbird Platform to communicate with other Users/Clients or External Workspaces, we collect information about your communication and any information you choose to provide.
2.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using the deskbird Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
- Additional Profile Information. You may choose to provide additional information as part of your deskbird profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your deskbird Account settings is part of your public profile page and will be publicly visible to others within your Company.
- Feedback on the quality of Workstations. Employees can give feedback on the quality of the Workstations provided by their employer. The feedback is collected and forwarded to the employer.
- Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your deskbird Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us, or use other features of the deskbird Platform.
2.1.3 Information that is necessary for the use of the Payment Services.
deskbird needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
- Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
- Identity Verification and Other Information. If you are an External Workspace Partner, deskbird may require identity verification information (such as images of your government issued ID or a recent trade register excerpt) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
2.2 Information We Automatically Collect from Your Use of the deskbird Platform and Payment Services.
When you use the deskbird Platform and the Payment Services, we automatically collect personal information about the services you use and how you use them (“Transaction Data”). This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the deskbird Platform and Payment Services.
- Geo-location Information. When you use certain features of the deskbird Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. deskbird may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
- Usage Information. We collect information about your interactions with the deskbird Platform such as the pages or content you view, your searches for Workstations, Bookings you have made, and other actions on the deskbird Platform.
- Log Data and Device Information. We automatically collect log data and device information when you access and use the deskbird Platform, even if you have not created a deskbird Account or logged in. That information includes, among other things: details about how you have used the deskbird Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you have viewed or engaged with before or after using the deskbird Platform.
- Do Not Track Signals. While you may disable the usage of cookies through your browser settings, the deskbird Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardisation regarding how that signal should be interpreted.
- Payment Transaction Information. deskbird may collect information related to your payment transactions through the deskbird Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and deskbird and to allow the provision of the Payment Services.
2.3 Information We Collect from Third Parties.
deskbird may collect information, including personal information, that others provide about you when they use the deskbird Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the deskbird Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Third Party Services. If you link, connect, or login to your deskbird Account with a third party service (e.g. Google, Facebook), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Your Employer. Your employer may provide us with your first name, last name, email address and may choose to automatically synchronize some profile information, such as your organizational unit, with existing IT databases within your Company.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the deskbird Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2.4 Children’s Data.
Our websites and applications are not directed to children under 16 and we do not knowingly collect any personal information directly from children under 16. If you believe that we are processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.
3. WHAT WE USE YOUR DATA FOR
We use your personal information as follows:
- to perform our contractual duties to the Users/Clients and Workspace Partners;
- to adhere to legitimate interests of deskbird or third parties in accordance with art. 6 para. 1 (f) GDPR;
- to verify that a person is an employee, visitor, or administrator eligible to use the deskbird Platform;
- to send information including confirmations, invoices, notifications, surveys, technical notices, updates, security alerts, and support and administrative messages;
- to ensure people visiting Workstations are free of symptoms and enable contact tracing in case of pandemic-related incidents;
- to allow employers to improve their workplace based on user feedback;
- to respond to comments and questions and provide customer service;
- to provide and deliver products and services customers and users request;
- to operate, maintain, support, and improve the deskbird Platform;
- to enhance the safety and security of our Users/Clients and the deskbird Platform;
- to link or combine user information with other personal information;
- to verify the booking of External Workspaces (if applicable);
- to comply with any other legal obligations we have under the applicable law.
4. SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
- with other Users/Clients of the deskbird Platform. For example, if you book a Workstation using the deskbird Platform not choosing anonymous booking), we share your name, photo and booking details with other Users/Employees of your Company using the deskbird platform. We share information with your employer in an aggregated format, including booking details, when you check in to a Workstation, information on your perceived health, information from surveys and other relevant information.
- with your consent. For example, you may let us share personal information with a third party service provider. Those uses will be subject to their privacy policies.
- when we do a business deal or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- for legal, protection, and safety purposes.
We may share information to comply with laws.
We may share information to respond to lawful requests and legal processes.
We may share information in an emergency, including situations where we share information to protect the safety of our employees and agents, our customers, or any person.
- with those who need it to do work for us, including payment processors and facilitators, marketing partners, cloud storage providers, data analytics providers, consultants, and insurance and financing partners.
We may also share aggregated and/or anonymized data with others for their own uses.
5. TRANSFER OF DATA TO THIRD STATES OR TO INTERNATIONAL ORGANISATIONS
deskbird does not transfer any personal information to legal entities and governmental bodies outside of the EU without an adequacy decision in accordance with Art. 44 GDPR. The transfer of data to legal entities and governmental bodies inside the territory of the EU may occur if it is necessary for the performance of our contractual or legal duties or if it is necessary for the execution of their commissions (e.g. data analytics) or if you have agreed to the transfer in advance.
Please contact us if you would like to request a copy of the relevant guarantees applied to the transmission of your information.
6. DURATION OF STORAGE
We use and store your information as long as it is required for the performance of our contractual and legal duties. Please note, that our contractual agreements include continuing obligations which can last for several years. Transaction Data (e.g. booking of Workstations) is pseudonymized 12 months after the transaction took place. An earlier pseudonymization of transaction-related personal data can be accommodated upon customer request (please contact the Data Protection Officer).
If the data is no longer required for the fulfilment of contractual or legal obligations, they are regularly deleted, unless their - temporary - further processing is necessary for the following purposes:
- Fulfilment of commercial and tax law retention obligations: In particular the Swiss Code of Obligations, the Value Added Tax Act, the Federal Act on Direct Federal Tax, the Federal Act on Harmonization of the Direct Taxes of the Cantons and Municipalities, the Federal Act on Stamp Duties and the Federal Act on the Withholding Tax.
7. YOUR DATA PROTECTION RIGHTS
Every data subject has the right of access in accordance with Article 8 FADP (Article 15 GDPR), the right to rectification in accordance with Article 5 FADP (Article 16 GDPR), the right to erasure in accordance with Article 5 FADP (Article 17 GDPR), the right to restriction of processing in accordance with Article 12, 13, 15 FADP (Article 18 GDPR), the right to object in accordance with Article 4 FADP (Article 21 GDPR) and - where applicable - the right to data portability in accordance with Article 20 GDPR. In addition, as far as applicable to you, you have the right to lodge a complaint with a supervisory authority (Article 77 GDPR).
You can revoke your consent to the processing of personal data at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.
In case a Corporate Customer/Employee leaves the Company, the Company terminates the contract, or the User/Client makes use of their right to erasure in accordance with Article 5 FADP (Article 17 GDPR), deskbird will delete all personal information within a two-month period after the notice. Transaction Data may be further used in a pseudonymized way for analytics purposes.
In case you make use of your right to object in accordance with Article 4 FADP (Article 21 GDPR), deskbird will cease the processing of your personal information within 24 hours after the notice.
8. DATA SECURITY
Your Personal information is confidentially stored in a cloud-based solution. To this end, deskbird utilises the third-party cloud services of Google Ireland Limited. The third-party cloud servers of Google Ireland Limited are located in Frankfurt, Germany.
Transaction Data we automatically collect, is pseudonymised after 12 months. The Transaction Data can be further used in pseudonymised form in accordance with the Policy. deskbird allows Users/Clients to conduct anonymous Bookings. In this case the collected Transaction Data will not be linked to your personal information.
9. YOUR DUTY TO PROVIDE PERSONAL DATA
Within the scope of our business relationship, you must provide us with the personal data that is necessary for the establishment and execution of a business relationship and the fulfillment of the associated contractual obligations or that we are legally obligated to collect. Without this data, we will generally not be able to conclude or execute the contract with you.
In particular, we may be obliged under money laundering regulations to identify you by means of your identification document before establishing the business relationship and to collect and record your name, place and date of birth, nationality, address and identification data. In order for us to be able to comply with this legal obligation, you must provide us with the necessary information and documents in accordance with the Swiss Federal Money Laundering Act, and you must register with us in the course of to notify us immediately of any changes resulting from the business relationship. If you do not provide us with the necessary information and documents, we may not enter into or continue the business relationship you have requested.
10. AUTOMATED INDIVIDUAL DECISION-MAKING AND PROFILING
As a matter of principle, we do not use fully automated automatic decision making in accordance with Article 22 GDPR to establish and execute the business relationship. Should we use these procedures in individual cases, we will inform you of this separately if this is required by law. We process some of your data automatically with the aim of evaluating certain personal aspects (“Profiling”). We use Profiling in the following cases, for example:
- in order to provide you with targeted information and advice on products, we use evaluation instruments. These enable communication and advertising in line with demand, including market and opinion research.
11. INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our website works for you.
You can stop all collection of information by the deskbird Platform discontinuing use of the Services. You can also request to opt-out via email, at firstname.lastname@example.org.
You can access and edit most of your basic account information right on the deskbird Platform.
If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options. Of course, if you do that, certain Services may lose full functionality.
If for some reason you ever want to delete your account, you can do so within the deskbird Platform.
You may send requests about personal information using our contact information below.
12. INFORMATION ON THE RIGHT TO OBJECT AND CONTACT INFORMATION
12.1 Right to object to the processing of data for direct marketing purposes
In individual cases, we process your personal information for direct advertising purposes. You have the right to object at any time to the processing of personal information affecting you for the purpose of such advertising; this also applies to Profiling, insofar as it is used in connection with such direct advertising.
If you object to the processing for the purpose of direct advertising, we will not no longer process personal information for these purposes.
12.2 Right of objection in individual cases
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal information concerning you which is carried out on the basis of Article 6 paragraph 1 letter e) FDPR (data processing in the public interest) and Article 6 paragraph 1 letter f) FDPR (data processing based on a balancing of interests); this also applies to Profiling within the meaning of Article 4 No. 4 FDPR based on this provision.
If you lodge an objection, we will no longer process your personal information unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. We ask you to note that in such cases we will not be able to provide services and establish or continue a business relationship with you.
The objection can be made without formality and should be addressed if possible to:
Data Protection Officer
9000 St. Gallen