DATA PROTECTION NOTICE

Last modified: March the 8th 2011
Cyando AG
Alte Steinhauserstrasse 1
6330 Cham
Switzerland
(hereinafter "ul")

1. Scope

This Data Protection Notice shall apply to ul's ("we" / "us" / "our") website services under the uploaded.net domain. It shall not be deemed to constitute an element of ul's TOS. It shall not be deemed to apply to websites of other service providers to whom references are merely made by way of a link.

2. Access to pages and data on our website

Each time a User accesses a page on our website and each time a file is downloaded, data are automatically stored and processed on our web server regarding this process in a log file. Specifically, the following data are stored with respect to each instance of access/download:
  • IP address of the computer initiating the query,
  • date and time,
  • page accessed/name of downloaded file,
  • volume of data transmitted,
  • notice as to whether access/download was successful.
The above-referenced data (including IP address) will be stored for the duration of the communication sequence in order to permit Users to use our website. In addition, the IP address will be stored for a short time to ensure IT security, in particular to protect our IT systems from misuse and to avert attacks. We reserve the right to render such data anonymous and to analyse them for statistical purposes and to improve our website.

3. Cookies

On our website, we provide for the use of so-called cookies.

We use temporary cookies to make it easier for Users to navigate our website. These session cookies do not contain any personal data and become inactive after the session comes to an end; they are deleted at the latest when the User closes his or her browser.

If a User has registered with us, we also use permanent cookies in order to store the User's access data and thus to make it easier for the User to log-in.

Inclusion of Users within our ul Affiliate Programme is effected by storing cookies which are transmitted to the potential User when he or she accesses ul links and which are stored in that User's browser for 30 days.
The User may prevent installation of cookies by adjusting the settings of his or her browser software. Modern browsers offer various functions in this regard, further information can be found under the Help section in the browser software. For example, a User may set his or her browser to automatically block all cookies or to warn the User before a cookie is stored. However, we would advise Users that by doing so, they may in certain circumstances experience restrictions of functionality when using the ul website or websites of other service providers.

4. Registration

When a User registers with us, we store the following personal data on that User:
Free Account•  E-mail address of User
Premium Account•  E-mail address of User
•  payment method selected by User (e.g. Paypal, bank transfer and/or Webmoney) and such data as may be necessary to complete the payment transaction
In addition, we store the User's access data.

We make use of these data to the extent they are necessary to establish, substantively structure or amend the agreement between us and the User which was formed by registration. In particular, we do not provide these data to third parties, except where we are required by law to do so or this has been contractually agreed with the User or the User has consented thereto.

5. Affiliate Programme and account statements

We store and use personal data of Users pursuant to the terms of our Affiliate Programme (sec. 4 of our TOS) and with respect to the mode of payment (sec. 5 of our TOS) where it is necessary to do so to enable Users to make use of our Affiliate Programme and thus to render our own services, in particular, in order to grant benefits to Users and to issue account statements on such benefits to Users.

6. Contact form; e-mail

When using our contact form and sending e-mails to us, Users are free to provide fictitious identity data or merely to provide an e-mail address. However, to the extent a declaration of the User is of significance for purposes of forming, performing or terminating an agreement with us, we will require data enabling us to identify the User. If the User transmits a message to us via our contact form or by e-mail in an unencoded format, then that message will not be protected from unauthorised access or even alteration by third parties during the transmission process.

7. Amendments to this Data Protection Notice

We are entitled to amend this Data Protection Notice at any time. This Data Protection Notice does not form a part of our TOS or of any agreement with the User.

8. Convenience Translation of this Data Protection Notice

This Data Protection Notice in English is a convenience translation only. The only relevant Data Protection Notice is the one in German.