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Privacy Policy
Motion Tailor Switzerland AG understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.motiontailor.com (“Our Site”) and only collect and use your personal data as described in this Privacy Policy. Any personal data we collect will only be used as permitted by General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and applicable data protection laws of Switzerland.

Please read this Privacy Policy carefully and ensure that you understand it. If you do not agree to our processing of your data in the manner outlined in the Policy, please do not submit any personal data to us.

1. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites.

Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

2. What Is Personal Data?
Personal data is basically any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

3. What Personal Data Do You Collect and How?
Subject to the following, we do not collect any personal data from you. 

Our Site collects certain information automatically, including your IP address, the type of browser you are using and certain other non-personal data about your computer or device such as your operating system type or version, and display resolution.

If you send us an email, we may collect your name, your email address, and any other information which you choose to give us. 

The lawful basis under the applicable data protection legislation that allows us to use such information to process personal data when it is necessary for the purposes of our legitimate interests, in this case, the proper operation and functionality of Our Site. 

If you contact us you will be required to consent to our use of your personal data to contact you. 

4. How Do You Use My Personal Data?
Where we collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the applicable data protection legislation at all times. 

As stated above, we do not generally collect any personal data directly from you, but if you contact us and we obtain your personal details from your email, we may use them to respond to your email. The other technical data referred to above is necessary for the technical operation of Our Site and will not normally be used in any way to personally identify you.

We will not share any of your personal data with any third parties for any purposes other than storage on an email and/or web hosting server.

5. How and Where Do You Store My Data?
We will only store your personal data in the Switzerland and EU. This means that it will be fully protected under the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and applicable data protection laws of Switzerland.

6. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way that we have used it, as specified in this Privacy Policy (i.e. to communicate with you).

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

7. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 9. 

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 15 business days and, in any case, not more than one month of receiving it. 

8. Cookies
Cookies help make your visit to Our Site easier, more pleasant and more effective. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit Our Site. Cookies will not damage your computer’s hard drive, nor will users’ personal data be sent from these cookies to us. We use cookies, for example, to track who has visited Our Site and to determine how often certain pages or offers are visited, which parts of Our Site are particularly popular, and in general to determine how Our Site is used. We use other cookies so that you can move freely around Our Site and use its functionalities. Such cookies may also be necessary to use shopping baskets or payment functions. By using cookies, you can also use the options or decisions you have selected as settings to make your visit to Our Site more convenient. In general, the use of cookies serves to improve our services, making them safer and more effective. However, cookies are also used to collect information in order to offer you advertising that may be of interest to you. Most internet browsers automatically accept cookies. However, you can configure your browser at any time so that no cookies are stored on your computer or a message always appears when you receive a new cookie. In principle, our digital offers can also be used without accepting cookies; however, in this case individual functionalities may be restricted, not properly usable or not usable at all.

We use the following service providers and you can learn more about their privacy policies and how to opt-out of their analytics cookies by clicking on following links:
Google Analytics: http://www.google.com/analytics/learn/privacy.html
Hot Jar: https://www.hotjar.com/legal/policies/privacy/

9. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

Email address: info@motiontailor.com
Postal Address: Usterisstrasse 21, 8048 Zürich
Motion Tailor Switzerland AG
MwSt.-Nr.: CHE-292.558.707

10. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 15 May 2020.
Terms of use
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.motiontailor.com (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.

1. Definitions and Interpretation 
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 3;

“Content”means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site, not being User Content;

“Customer”means the customer of the service of video creation available on Our Site;

“Provider”means the provider of the third party content other than User Content available on Our Site;

“Service”means, in general, the generation through and by virtue of Our Site of personalized Videos from incorporation of the template available on Our Site or without template and the Content provided by the Customer, the User or the Provider as well as any other applicable related services offered by Us;

“User”means an actual user of Our Site having access to the Account;

“User Content”means any content submitted to Our Site by Users;

“Video”means including but not limited to PNG, JPG, JPEG, MP4, MOV, AVI, MP3, WAV, GIF files/materials created by a User on by virtue of Our Site or created by Us at the instruction of the User;

“We/Us/Our”means Motion Tailor Switzerland AG, a company registered in Switzerland reg.number CHE-292.558.707, having its registered office at Stockerstrasse 43, 8002 Zurich, Switzerland.

2. Access to Our Site
 2.1 Access to Our Site is free of charge.
 2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
 2.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3. Accounts
 
3.1 Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
 3.2 You may not create an Account if you are under 18 years of age.
 3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
 3.4 You will receive a log-in and password for your Account, created by Us when creating the Account.  It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at info@motiontailor.com.  We will not be liable for any unauthorised use of your Account.
 3.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
 3.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in our Privacy Policy.
 3.7 If you wish to close your Account, you may do so at any time by contacting Us at info@motiontailor.com.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access. 

4. Intellectual Property Rights
 
4.1 With the exception of the User Content (see Clause 5), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable Swiss and international intellectual property laws and treaties.
 4.2 Subject to sub-Clauses 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
 4.3 You may:
    4.3.1 Access, view and use Our Site in a web browser Chrome. Please note that use of Our Site in any other browser may result in errors and other web browers do not suuport full range of Our Site features;
    4.3.2 Create your Videos within your Account; and
    4.3.3 Download and distribute your Videos and pictures;
    4.3.4 Upload, strore and use User Content; 
 4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
 4.5 You may not use any Content printed, saved or downloaded from Our Site for any purposes without first getting aware of and accepting the terms and conditions of the relevant Provider (if applicable) and if required obtaining a licence therefrom to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers. 
 4.6 By accepting this Terms of Use you confirm your awareness and acceptance of the following terms and conditions of the Providers:
Unsplash.com: https://unsplash.com/terms
Pixabay.com: https://pixabay.com/service/terms/
Pexels.com: https://www.pexels.com/terms-of-service/  

5. User Content
 
5.1 User Content on Our Site includes (but is not necessarily limited to) means PNG, JPG, JPEG, MP4, MOV, AVI, MP3, WAV files/materials.
 5.2 An Account is required if you wish to use Our Service to make Video.
 5.3 You agree that you will be solely responsible for your User Content and usage of the Content and Your Content on Our Site and in your Videos made on Our Site as per applicable terms of use of the relevant Provider (of applicable) and these Terms of Use. Specifically, you agree, represent, and warrant that you have the right to use Your Content and the Content in the Videos in the manner and in the amounts you intent to and that all such content will comply with these Terms of Use and the terms of use of a Provider (as applicable).
 5.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 5.3.  You will be responsible for all and any loss or damage suffered by Us as a result of such breach.
 5.5 You obtain the ownership to the Video and all intellectual property rights subsisting therein. You grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your Video for the purposes of operating and promoting Our Site. 
 5.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your Video may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates these Terms of Use, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
 5.7 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

6. Right of use
 
6.1 Subject to and in accordance with these Terms of Use and in consideration of the Fees paid by the Customer to Us, We grants to the Customer a revocable, non-exclusive, non-transferable, non-sublicenseable right for the period of the Term to access and/or use the Service for its business purposes. This right does not include a right for the Customer to allow access and/or use of the Service by, or for the benefit of, any person other than a User and the Customer.
 6.2 The Customer must not access and/or use the Service in any way that (i) is (or may be) in breach of these Terms of Use and/or applicable laws and regulations, (ii) could, may (or does) damage, disable, overburden, impair, compromise and/or disrupt the Service, including its security, integrity, and/or performance, and/or (iii) could, may (or does) interfere with other Service users and/or any other users’ Accounts.
 6.3 The Customer must not access and/or use the Service in any way to (i) send unsolicited communications and/or video content, junk mail, spam, or other forms of duplicative or unsolicited messages, (ii) store and/or transmit any content that infringes any person’s privacy or intellectual property rights, (iii) post, transmit, upload, link to, send and/or store any content that is unlawful, hateful, abusive, obscene, harmful, threatening, defamatory, obscene, infringing, harassing, offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or age or in a way that is otherwise illegal, causes damage or injury to any person or property, and/or infringes a person’s rights (including intellectual property rights and/or privacy rights), and/or (iv) post, transmit, upload, link to, send and/or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software.
 6.4 The Customer has no right to (and shall not attempt to do the following) and shall not allow and/or permit a third party to copy, reproduce, adapt, reverse engineer, decipher, decompile, disassemble, modify, and/or make error corrections to the Service and the Content except as permitted under applicable law and/or Us.
 6.5 The Customer shall not (and shall not attempt to) (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, provide a bureau service or otherwise commercially exploit the Service and the Content, and/or allow and/or permit the Service and the Content to become the subject of any charge, lien and/or encumbrance.
 6.6 The Customer shall use the Service and the Content for the purpose set out herein and for no other purpose. Changes in the purpose and/or the scope of use must be approved beforehand by Us. Additional fees shall be payable by Customer on any such changes at Our then applicable rates.

7. Customer Responsibilities
 
7.1 The Customer shall not (and shall not attempt to) access and/or use the Service (i) for the purpose of building a competitive product and/or service, (ii) copying its features and/ UI/UX, and/or (iii) use the Service, and/or permit them to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without Our prior written consent.
 7.2 The Customer must not allow and/or permit a competitor of Ours to access and/or use the Service.

8. Fees
 
8.1 The Customer shall pay to Us the Fees. All Fees due hereunder shall be due and payable within 30 days of the invoice date. Fees are non-refundable. All sums payable under this Agreement are exclusive of VAT or any relevant local sales taxes, for which Customer shall be responsible and they are non-refundable. All amounts due under this Agreement shall be paid in cleared funds and in full without any set-off, counterclaim, deduction or withholding (other than any deduction and/or withholding of tax as required by applicable law).

9. Customer Data
 
9.1 The Customer shall have and retain its intellectual property rights in its Customer Data.
 9.2 The Customer Data does not, shall not and will not include content that is unlawful, hateful, abusive, obscene, harmful, threatening, defamatory, obscene, infringing, harassing, offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or age or in a way that is otherwise illegal and/or causes damage or injury to any person and/or property, and/or infringes a person’s rights (including IPRs and/or privacy rights).
 9.3 Without affecting any other right or remedy available to it, if Customer breaches clause 9.2, We have the right to (i) remove from the Service any such content, and/or (ii) suspend immediately Customer’s access and/or use of the Service without giving notice to the Customer.
 9.4 The Customer shall comply with the EU General Data Protection Regulation (GDPR). To the extent that We processes personal data (and sensitive personal data) made available for and/or on behalf of the Customer for the purposes hereof, the Customer shall be the data controller and We shall be a data processor.
 9.5 We will maintain commercially reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of personal data (and sensitive personal data) it processes for and/or on behalf of Customer.

10. Links to Our Site
 10.1 You may link to Our Site provided that:
    10.1.1 you do so in a fair and legal manner;
    10.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    10.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
    10.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
 10.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at info@motiontailor.com for further information.
 10.3 You may not link to Our Site from any other site the main content of which contains material that:
    10.3.1 is sexually explicit;
    10.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
    10.3.3 promotes violence;
    10.3.4 promotes or assists in any form of unlawful activity;
    10.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
    10.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    10.3.7 is calculated or is otherwise likely to deceive another person;
    10.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
    10.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.4);
    10.3.10 implies any form of affiliation with Us where none exists;
    10.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
    10.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11. Links to Other Sites
Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

12. Liability and Disclaimers
 
12.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
 12.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
 12.3 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
 12.4 If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
 12.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
 12.6 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

13. Viruses, Malware and Security
 
13.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
 13.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
 13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
 13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
 13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

14. Acceptable Usage Policy
 
14.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 14.  Specifically:
    14.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    14.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    14.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
   14.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
 14.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
    14.2.1 is sexually explicit;
    14.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
    14.2.3 promotes violence;
    14.2.4 promotes or assists in any form of unlawful activity;
    14.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
    14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    14.2.7 is calculated or is otherwise likely to deceive;
    14.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
    14.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);
    14.2.10 implies any form of affiliation with Us where none exists;
    14.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
    14.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  14.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 14 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
    14.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
    14.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy; 
    14.3.3 issue you with a written warning;
    14.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    14.3.5 take further legal action against you as appropriate;
    14.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    14.3.7 any other actions which We deem reasonably appropriate (and lawful).
 14.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

15. Changes to these Terms of Use
 15.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
 15.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

16. Contacting Us
To contact Us, please email Us at info@motiontailor.com or using any of the methods provided on Our contact page at https://www.motiontailor.com

17. Law and Jurisdiction
 
17.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Swiss law.
 17.2 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Switzerland, Zurich.