Executive Editors: Chris Colton, Steve Krikler, Joseph Schatzker, Peter Trafton, Michael Baumgaertner, Richard Buckley

AO Surgery Reference

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Data protection policy

AO Data Privacy Policy
General Terms and Conditions

 

AO Data Privacy Policy

1. Scope

The AO Foundation (AOF) is a not-for-profit organization established under the laws of Switzerland with registered domicile Clavadelerstrasse 8, 7270 Davos, Switzerland. AO Foundation including all its affiliated institutions (AO or "we" or "our") are subject to Swiss Law and adhere to all applicable regional and local privacy laws and regulations to be considered in its activity.

At AO we highly value your privacy by default and adhere to the applicable privacy laws when collecting and processing your data. Additionally, this Data Privacy Policy is subject to continuous adaption according to changing regulation environments and is subject to auditing procedures with regards to accountability. This Data Privacy Policy outlines the principles of data collection and processing for AO and completes the AO General Terms and Conditions (GTC).

This Data Privacy Policy (hereinafter the "Privacy Policy") applies and describes how your personal data provided to AO, over the websites of the AO Foundation (hereinafter the "AO Websites", see complete list under https://www.aofoundation.org/websiteslist) is handled, namely concerning the collection, storage and usage thereof. Furthermore, it defines how collected personal data may be examined, corrected or deleted.

Upon (i) setting a check mark by ticking the check box next to the suggested consent statement indicated on the AO Websites and (ii) clicking the acceptance icon indicated on the AO Websites you agree to be bound by this Privacy Policy and expressly consent to our collection, storage, use and disclosure of your personal data as outlined below. You are entitled to revoke your consent at any time in writing or by email.

2. Legal basis of data processing

As legal basis for processing your personal data we always ask for your actively given consent, contractual consent or by disclaimer to capture and specifically use your data before collecting or storing them. Further purposes can be legal obligations or obligations set by competent authorities, protection of vital or public interests or justified interests of the person responsible or a third party.

3. Data Protection Officer (DPO) at AO

DPO of AO is a person as named from time to time and is responsible to keep protected data handling and to resolve your inquiries.

For questions, requests or further information related to data processing by AO, you may write us an e-mail at dpo@aofoundation.org. Your questions or requests will be handled by the DPO of AO responsible to keep protected data handling and to resolve your inquiries.

4. Collection of Personal Data

The following processing principles apply at AO:

  • lawfulness, fairness and transparency
  • purpose limitation
  • data minimization
  • accuracy
  • storage limitation
  • integrity and confidentiality
  • accountability

When you register as user we ask you to provide your name, e-mail address, field of interest, gender, current country of employment or study. We will store your data on our servers for as long as necessary to provide the services or information requested by you, unless a longer retention period is based on our legitimate interests or prescribed by law.

Based on information provided by you, the following personal data will be stored:

Identity Data

User name, password, user ID, primary email address, professional title, academic title, first name, middle initial, surname, suffix (provides additional information about the person), (second) academic title, gender, date of birth, nationalities

Contact details

Primary language, organization/hospital, department, unit I (example: maxillofacial unit), unit II (example: division of plastic surgery, foot & ankle surgery), function/job title, address, city, state/province, postal code, country, assistant name, assistant email, assistant phone, telephone, fax, mailing/shipping address, home address

Membership data

Home specialty (i.e. AOSpine, AOTrauma, AOCMF, AOVET, AORecon), membership package, signup date, expiry date, award points, status points, associate points, membership status, about me, profile picture, voucher code

Specialization data

Expertise/specialty, roles, interests

AO functions/roles

Elected/nominated functions, faculty including data for election, nomination processes.

Educational history

Graduation from medical school, board certifications, fellowships, CV upload, publication list upload, AO Educational Event history (event name, type, year, activity levels) and evaluation scores related to AO Educational Events.

Faculty data

Qualification, institution, degree, teaching languages (established year, language proficiency), expertise data (first year surgery involvement, procedures per year, teaching topics), events taken part in (dates, lieu, role, evaluation scores, faculty development activities and history).

Travel data

Preferred travel agent, favorite airline(s), favorite airline alliance(s), departure location (airport, city), dietary request, seating preference, hotel room type, smoking preference, car type, passport number, passport issued in (city, country), passport issued on, passport valid until, first name in passport, family name (surname) in passport, frequent flyer information, favorite hotel chains, favorite rental companies, additional comments/requirements, accessibility, dietary preference

Event data

Badge title, organization, first name, surname, degree pre- and post-event evaluation results, blended learning activities and subsequent results.

Financial data

Reimbursement information (reason for reimbursement-description, city, country, your role, budget provided by, claim, per diem fields, mileage, parking, transport, accommodation-based on respective recent IP system, receipts, bank details (account, bank name, address, account holder name, account number, IBAN code, SWIFT/BIC, other info, comments). AO does store and use data deriving from financial transactions on the AO Websites and shall not be liable for all and any damage caused by disclosing these data to any public authorities- upon official request.

Data automatically collected

When you visit the AO Websites, the browser on your device automatically sends information to the server(s) on which the AO Websites. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until it is automatically deleted:

  • date and time of access,
  • name and URL of the retrieved file,
  • website from which access is made (referrer URL),
  • the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The mentioned data will be processed by us for the following purposes:

  • ensuring a smooth connection of the website,
  • ensuring comfortable use of AO websites,
  • evaluation of system security and stability, as well as
  • for other administrative purposes.
Our legal basis for processing the above listed data is your consent and our legitimate interest of pursuing the purposes listed above for data collection.

In addition, we use cookies and analysis services when you visit AO Websites.

5. Use of Personal Data

With your active consent, a contract or by disclaimer you agree that we use your Personal Data the way described below.

We use store and process personal information for the following general purposes:

  • to enable you to access and use AO Services;
  • to enable you to communicate with other AO Foundation users, including but not limited to sending them messages, notifications or other information
  • to operate, protect, improve and optimize AO Services and our business for example by performing analytics, conducting research, personalizing or otherwise customizing user experience, and to provide customer service and support;
  • to help maintain a trusted environment on AO platforms, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, verifying any identifications provided by you, and conducting checks against databases and information sources for fraud detection and prevention, risk assessment and harm prevention purposes;
  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about AO Foundation, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings;
  • to comply with our legal obligations, resolve any disputes that we may have with any of our users and to enforce our agreements with third parties.

We do not rent, sell or otherwise share your personal data with third parties, except with your consent.

Further we may use third party service providers to help us deliver our service and run or analyze AO services (e.g. third-party data analytics services to analyze, among other things, server load).

We also reserve the right to disclose your Personal Data to (a) comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process; (b) to protect and defend the rights or property of us or third parties, including enforcing agreements, policies, and terms of use; (c) in an emergency, including to protect the safety of our employees or any person, or (d) in connection with investigating and preventing fraud.

We also aggregate data into anonymized system usage statistics.

6. Sharing of data

Your Personal Data will not be shared with third parties for purposes other than those listed below.

We will only pass on your personal data to third parties if:

  • you have given your express consent,
  • the disclosure is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
  • in the event that a legal obligation exists for the transfer; or
  • this is legally permissible and necessary for the execution of contractual relationships with you.

We reserve the right to transfer, store, use and process your data, including any Personal Data, to countries outside of Switzerland including the European Economic Area, the United States and possibly other countries. By using AO services, you consent to us transferring your data to these countries. You should note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to your place of residency. We take the legally required safeguards and contractual measures to ensure that any parties we transfer personal data to do so in keeping with the level of data protection and security prescribed by the applicable data protection regulation.

7. Data retention

We may retain information regarding you and your use of AO services, including personally identifying information and profiling data, for as long as needed to provide you with our services and the uses described in this Privacy Policy. Generally, this means that we will keep information for the duration of your account.

While AO Foundation strives to provide the possibility of a full deletion of Personal Data, note that any information that we have copied may remain in back-up storage for some period of time after your account deletion.

Irrespective of your account deletion, we may in any event retain and use such data as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce our rights connected to your use of AO services.

You have the right:

  • to request information about your Personal Data processed by us. In particular, you may request information about the purposes of processing, the category of Personal Data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;
  • request the correction of incorrect or complete Personal Data stored by us;
  • to demand the deletion of your Personal Data stored by us, unless the processing is justified by our legitimate interests, necessary to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • to demand the restriction of the processing of your Personal Data if you dispute the accuracy of the data;
  • if our data processing is based on your consent, you have the right to revoke your consent to us at any time. As a result, we are no longer allowed to continue processing data based on this consent in the future;
  • to complain to a supervisory authority.
  • To let transfer your Personal Data to any other location on request

8. Objection

In those cases where we base processing on our legitimate interests, you have the right to object to the processing of your Personal Data.

For withdrawing consent or objecting to any data processing as described above, simply send an e-mail with your specific request to dpo@aofoundation.org.

9. Deletion of your Profile

Upon your written request, we will close your profile and remove your personal data from the AO Websites as soon as reasonably possible.

10. Data Security

We use several tools (encryption, passwords, physical security, etc.) in order to protect your personal data against unauthorized access and disclosure.

We take commercially reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Data. Accordingly, we store all the Personal Data you provide on secure (password- and firewall-protected) servers.

You also acknowledge that no technical and organizational measures can fully eliminate security risks connected with the transmission of information over the internet. We therefore cannot guarantee the security of data sent over the internet. We use the common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. Usually this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether a single page of AO Websites is transmitted in encrypted form is indicated by the closed display of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. You are responsible for keeping the account information (user name/password) for accessing AO services confidential.

11. Accessibility of this Privacy Policy

This Privacy Policy is accessible on the AO Websites. You can download and print it out for your convenience.

12. Amending of this Privacy Policy

AO reserves the right to modify this Privacy Policy at any time, without giving reasons. AO shall give due notice of any modifications of the Privacy Policy to you personally if you are a registered user, or generally over the AO Websites if you are not a registered user. If you do not object to the applicability of the revised Privacy Policy within 20 days after receipt of said notice (in case of a registered user) or the publication on the AO Websites (in case of a user that is not registered), the modified Privacy Policy shall be deemed to be accepted by you.

13. Definitions

Personal Data: means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

Processing: means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling: means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

Pseudonymization: means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Cross-border processing: means either:

processing of personal data which takes place in the context of the activities of establishments in more than one country of a controller or processor where the controller or processor is established in more than one country; or

processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in Switzerland but which substantially affects or is likely to substantially affect data subjects in other countries.

More definitions art to be found in the respective laws, such as Art. 4 GDPR.

14. Taking effect

This Privacy Policy will take effect as of May 30, 2018

 

General Terms and Conditions

1. General

This General Terms and Conditions (hereinafter the "GTC") govern the legal relationship (hereinafter the "Agreement") between you (hereinafter the "User") and AO Foundation, Clavadelerstrasse 8, 7270 Davos, Switzerland (hereinafter "AO", together the "Parties") concerning the websites "www.aofoundation.org", "www.aotrauma.org", "www.aospine.org", "Error! Hyperlink reference not valid.", and "www.aovet.org" (hereinafter the "Sites").

By using the Sites or upon clicking of the acceptance icon indicated on the Sites the User confirms to have read these GTC and agrees to be bound by these GTC.

These GTC are available on the Sites. The User has the possibility to download a PDF-file of these GTC which can be printed out and saved at any time.

2. No advice

The Sites are not designed for laypersons. The products, procedures, therapies etc described on the Sites are only to be applied in environments specially designed and by medical professionals specially certified and trained for such procedures.

The information provided on the Sites is for educational and research purposes only and does not give professional advice or recommend particular products, procedures or therapies etc. The information contained in the Sites is not intended to present the only or necessarily the best products, procedures, or therapies etc.

No suggested test or procedure should be carried out unless, in the User's professional judgment, its risk is justified. Whoever applies products, procedures and therapies etc. shown or described on the Sites will do so at her/his own risk and is responsible for their compliance with all local laws, regulations, and medical practice applicable. Because of rapid advances in the medical sciences, AO recommends that independent verification of diagnosis, therapies, drugs, dosages, and operation methods should be made before any action is taken.

All information contained in the Sites is only intended for preparing medical procedures and not for an aid whilst carrying out medical procedures.

Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users of the Sites should always consult their physician or other qualified healthcare professional.

3. No warranty

THE SITES AND THE SERVICES CONNECTED THEREWITH ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH THE USER. AO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, UNDER THE AGREEMENT. ANY AND ALL REPRESENTATIONS AND WARRANTIES OF AO UNDER OR IN CONNECTION WITH THE AGREEMENT ARE EXCLUDED TO THE EXTENT LEGALLY POSSIBLE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES

  • OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ERROR-FREE ACCESS TO THE SITES OR USE THEREOF;
  • REGARDING ANY DATA AND/OR INFORMATION PROVIDED OR MADE AVAILABLE BY AO OR A USER ON THE SITES OR ON ANY EXTERNAL WEBSITES LINKED TO THE SITES INCLUDING BUT NOT LIMITED TO INFORMATION BEING OF SATISFACTORY QUALITY, ADEQUACY, ACCURACY, TIMELINESS, COMPLETENESS, COMPLIANCE WITH LOCAL LAWS AS WELL AS THE REGULATIONS AND MEDICAL PRACTICE THEREOF; AND
  • OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE OF THE SITES.

THE SITES DO NOT, AND IN NO WAY CONSTITUTE OR IMPLY THE ENDORSEMENT, RECOMMENDATION, OR APPROPRIATENESS OF AN ADVICE. AO DOES NOT SCREEN NOR IN ANY OTHER WAY EXAMINE THE INFORMATION UPLOADED BY ITS USERS ON THE SITES BUT SIMPLY PROVIDES THE PLATFORM.

ANY GRAPHIC OR PICTORIAL MATERIALS APPEARING ON THE SITES ARE DIGITIZED REPRODUCTIONS WHICH, THOUGH VIEWABLE, ARE NOT OF DIAGNOSTIC QUALITY AND ARE NOT DESIGNED NOR INTENDED TO REPLACE ORIGINAL IMAGES. THE DIGITIZED REPRODUCTIONS CONTAINED IN THE SITES ARE NEITHER DESIGNED NOR INTENDED TO BECOME A PERMANENT PART OF ANY PATIENT'S MEDICAL RECORD.

THE USER REPRESENTS AND WARRANTS THAT (I) THE USER HAS ALL NECESSARY POWER AND AUTHORIZATION TO ACCEPT THE GTC; (II) THESE GTC ARE LEGAL, VALID, BINDING AND ENFORCEABLE AGAINST THE USER; (III) THE USER'S ACCEPTANCE OF THESE GTC WILL NOT VIOLATE ANY LAW, RULE, REGULATION OR ORDER, OR ANY AGREEMENT, BINDING THE USER; (IV) AND THE USER WILL OBSERVE ALL APPLICABLE LAWS AND THE PROVISIONS OF THESE GTC.

4. No liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, AO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, FINANCIAL LOSS, DAMAGES FOR LOSS IN BUSINESS PROJECTS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY MATERIAL APPEARING ON THE SITES, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE SITES OR ANY SUCH MATERIAL OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SITES.

5. Membership and Fees

The conditions for memberships, the applicable fees and the payment conditions are set forth on the Site. The respective provisions shall be integral part of this Agreement.

AO or the respective AO specialty is entitled to terminate the membership of the User, if any, with immediate effect for reasonable cause. In such a case, AO shall not be obliged to refund any monies paid to the AO or an AO specialty by the User.

If the User does not accept the termination, she or he has to inform AO within 20 days of the termination of AO or the respective AO specialty in writing. In such a case, the Board of Directors of the AO Foundation (AOVA) shall decide about the effectiveness of the termination within reasonable time. The decision of the AOVA shall be final and binding.

The usage of the Sites by AO and the services of AO under the Agreement connected therewith by AO are free of charge, unless otherwise indicated on the Sites.

AO reserves the right to charge for the usage of parts of the Sites and the services under the Agreement at any time subject to a respective modification of the Agreement according to Article 14 below.

6. Intellectual property rights

Unless otherwise stated in this Agreement, any and all intellectual property rights (including, but not limited to copyrights) in all data, information and material uploaded by the User (hereinafter the "User Material") is—subject to Article 7 below—owned by User.

Prints or download extracts from the data, information or material of the Sites (hereinafter the "AO Material") as well as any other reproduction thereof are permitted for educational and research purposes or personal use only. None of the AO Material may be used for any commercial purpose by the User. Particularly, the User may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit or make available to any third party the AO Material in any way.

No AO Material may be reproduced, stored in or transmitted on any other websites (including intranet sites) by the User nor is the User permitted to create any derivative works based on AO Material without written permission of AO.

Some names, instruments, treatments, logos, designs etc referred to on the Sites are protected by patents, trademarks, or other intellectual property rights even though specific reference to this fact is not made on the Sites. Therefore, the appearance of a name, instrument etc without designation as proprietary is not to be construed as a representation by AO that it is in the public domain.

7. User data license

In the course of visiting the Sites, the User may upload User Material. As between the Parties, the User shall remain the sole owner of all User Material, provided however that the User hereby grants to AO a worldwide, eternal, unlimited, non-revocable, and non-redeemable license to use, copy, distribute, display, disclose, and perform such User Material or parts of the User Material, to create derivative works thereof, and to sublicense such rights for any and all purposes. User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Material, and AO shall not be responsible or liable for the deletion, accuracy, correction, disclosure, destruction, damage, loss or failure to store any User Material. For the avoidance of any doubt, the license granted by the User to AO shall remain valid even if this Agreement is terminated for whatever reason.

Any User Material shall be de-personalized by the User before submitted to AO, ie, the User has to ensure that User Material does not qualify as personal data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when submitted to AO. The User acknowledges that he have the sole responsibility that any and all User Material is fully de-personalized.

The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another's privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

If AO exploits the User Material, it will name the respective User to the extent reasonably possible. AO is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.

8. Data Protection

AO shall comply with all applicable legal provisions regarding data protection. In particular, AO shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users' personal data by AO are set forth in the Data Protection Policy of AO which is accessible on the website of AO.

9. Advertising material

Advertisers, if any, are responsible for ensuring that the User Material submitted for inclusion on the Sites complies with all relevant laws and regulations as well as ethical and medical standards. AO will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of the quality or value of a product or of the allegations made by the manufacturers.

10. Infringement and indemnification

If the User does not comply with these GTC, AO has the right to prevent the User from visiting the Sites and using the services connected therewith, and AO reserves the right to any legal action AO thinks is appropriate.

If, based on a written agreement between the User and AO, the User is entitled to provide access the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.

The User agrees to indemnify, defend and hold harmless AO, to the fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User's failure to perform its obligations under the Agreement.

11. No right to visit the Sites and modification of the Sites

Unless expressly stated in this or another written agreement between the Parties, AO has no legal duty to the User, and may at any time and without giving grounds prevent the User from visiting the Sites and using the services connected therewith.

AO is entitled without prior notice to the User in its free discretion

  • to shut down the Sites temporarily or permanently at any time;
  • to remove any and all content on the Sites;
  • to modify the Sites and the services connected therewith.

12. Termination of the Agreement

Each Party may terminate this Agreement with immediate effect by email at any time.

Upon termination of the Agreement, the User shall not have access to the Site anymore without restriction. The user data licence according to Article 7 above shall under no circumstances be terminated due to the termination of this Agreement.

13. Force majeure

No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, or delayed by the occurrence of circumstances beyond its control, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of such Party, fire, explosion, accident and power failure, always provided (i) they constitute a force majeure event, ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of such Party to perform any of its obligations under the Agreement.

Following the occurrence of any such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavours to overcome or to minimise the adverse effects thereof.

Performance of the affected and related obligations shall be postponed for a period equal to the time lost by reason of the delay. If as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that it will last longer than three months, the other Party may, with immediate effect, terminate the Agreement in writing.

14. Modification of the Agreement

AO reserves the right to modify the Agreement at any time, without giving reasons. If the User does not object to the applicability of the revised Agreement within 20 days after receipt of said notice, the modified Agreement shall be deemed to be accepted by the User. If the User does not agree to any change in the GTC, the Agreement shall be terminated automatically.

15. Miscellaneous

The User shall not assign any rights and obligations under this Agreement without AO's prior written consent.

The Agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement.

Failure or neglect by AO to enforce any of the provisions of this Agreement shall not be construed or deemed to be a waiver of AO's rights nor shall this affect the validity of the whole or any part of this Agreement, nor prejudice AO's rights to take subsequent action.

The Parties are and remain independent parties. It is not the Parties’ intent to create and this Agreement does not create the formation of a partnership, joint venture or similar relationship between the Parties.

Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.

This Agreement is solely governed by substantive Swiss law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection with one or several Sites.

All disputes arising out of this Agreement or in connection with this Agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The place of arbitration shall be Zurich. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the English language.