Our Terms of Use

General Terms of Use and Data Privacy Statement for our services pollenwarndienst.at, polleninfo.org, pollentagebuch.at (pollen diary), milbentagebuch.at (mite diary) and apps (pollen app, mite app)

The pollen app, mite app, pollentagebuch.at, milbentagebuch.at, pollenwarndienst.at and polleninfo.org are projects of the Research Group for Aerobiology and Pollen Information, University Department of Otorhinolaryngology, Head and Neck Surgery of the Medical University of Vienna in cooperation with the Zentralanstalt für Meteorologie und Geodynamik (ZAMG).

The projects pollen app, mite app and milbentagebuch.at were funded by ALK-Abelló Arzneimittel GmbH, but this does not entail any entitlement to data generated within said services. We give no access to personal, anonymised or other data sets and shall not pass them on to third parties.

Extending the pollen app to include Germany was implemented by Stiftung Deutscher Polleninformation (PID) and, in Sweden, by the Palynological Laboratory of the Swedish Museum of Natural History, each in cooperation with the Research Group for Aerobiology and Pollen Information, University Department of Otorhinolaryngology, Head and Neck Surgery of the Medical University of Vienna.

Insofar as personal designations are mentioned below in the male form only, they shall refer to men and women alike.

The information contained shall in no way replace professional consultations or treatments by trained and recognised physicians. We request all users with health problems to consult a physician. If you have any questions concerning your health we advise to consult a physician you can trust instead of starting, changing or discontinuing treatments on your own. The contents of the pollen diary and mite diary cannot and shall not be used to make your own diagnosis or to select, apply or discontinue treatments.

1. Scope of application

All offers, services, and/or deliveries whatsoever (referred to as "services") we are providing at the Internet portals under the domains "www.pollentagebuch.at", "milbentagebuch.at", "pollenwarndienst.at" and polleninfo.org, including the pollen and mite apps, shall be delivered exclusively on the basis of these General Terms of Use and the Data Privacy Statement (jointly referred to as "GTU") as amended. By accepting and/or using the services, the user consents to said GTU.

2. Services

We provide all services in accordance with the existing technical, economic, operating and organisational options available. Therefore, we shall not be liable for any interruption, disturbance, delay, deletion, erroneous transmission or memory failure associated with the use of services and/or communication with the user.

The user understands that the services offered may also be provided by using third-party network operators. Therefore, availability of services depends on the technical provision of outside network services. We assume no obligation to keep the services offered free from interruptions and available at any time on the internet. The user is aware that we have no influence on the availability of the internet access, transmission rate and availability of network connections and accesses.

We are entitled to interrupt the services for internal reasons, such as for maintenance and service purposes, for an appropriate period of time. Temporary restrictions in the provision of the services may occur, in particular, on grounds of force majeure, strike, lockout and administrative orders as well as technical modifications of the facilities or other measures required for proper or improved operation (such as maintenance works, repairs etc.), from which the user shall not have the right to derive any claim.

Users are entitled to use our services at their own risk and cost and herewith agree to use the services in compliance with legal provisions and, in particular, refrain from any misuse of the services.

Insofar as the services are provided free of charge, we reserve the right to provide them against payment at any time, following prior notification. In no event shall a claim for provision of free-of-charge services exist.

Using the services shall not create a contractual relationship nor, in particular, a consultancy agreement. For this reason, contractual or quasi-contractual claims against us shall not apply.

3. Data privacy statement

In case of registration we collect and process the user's following personal data: Sex, age group, month of birth, e-mail address, location and data on symptoms and complaints, for the purpose of providing access to services and using services. By registering and providing the personal data specified you agree to our processing the data for the purposes specified. Any and all data entered by the user on pollendiary.at, mitesdiary.at, pollenwarningservice.at, polleninfo.org and/or the complaints monitor in the apps are evaluated statistically and anonymised and used for scientific purposes and for improving the services. Users benefit from indicating their location, which is necessary for using certain services to allocate the relevant regions and the prevailing conditions there to the user. This is the only way to provide meaningful and targeted information. However, the user may choose between indicating a zip code or mobile localisation. Indication of location is used exclusively for statistical evaluations and anonymised for scientific questions. I am aware that I may revoke my consent to processing my personal data at any time by e-mail to kontakt(at)pollentagebuch.at (contact(at)pollendiary.at), which leads to the deletion of my personal data and deactivation of the account. We do not provide your personal data to third parties. We exercise utmost care in protecting personal data and information provided by the user from unauthorised third-party access. We shall take all reasonable measures to safeguard privacy of personal data.

3.1 Use of our mobile services

In addition to our online services we provide mobile apps to download on your mobile device. Beyond the data referred to in Article 3. of this Data Privacy Statement, further personal data is processed as described below:

When downloading the app, the information required for that purpose is transmitted to the respective app store (such as Google Play, Apple iTunes), i.e., in particular, user name, e-mail address and customer number of your account, time of download, payment information, if any, and the individual device identification number. However, we have no influence on, and are not responsible for, such data collection. 

When using the app we collect and process the following additional personal data to enable the app functions: unique number of the end user device (IMEI = International Mobile Equipment Identity). 

By using the services you agree to our processing them for the purposes specified. The aim of data processing is to improve the services and support pollen allergy sufferers. This is why users make a valuable contribution to research when providing their data and should be aware of that.

I am aware that I may revoke my consent to processing my personal data at any time by e-mail to kontakt(at)pollentagebuch.at, which leads to the deletion of my personal data and deactivation of the account. 

4. Links

Integration of a website provided or operated by a third party into the internet portal we are operating shall not constitute any recommendation or guarantee relating to the services offered or contained on this site, in particular with regard to information or any goods or services that may be offered there. If our links refer to websites not operated by us, this shall be considered as a service to users only to give them access to such websites. However, we assume no guarantee and/or liability whatsoever for the contents of such websites. 

5. Guarantee/liability

Data on pollination are provided for free by various owners for the benefit of those suffering from pollen allergies to use the services by the EAN (European Aeroallergen Network) database. However, users have no right to view numerical data nor to continuous provision of such data. The owners reserve the right to discontinue their services at any time without indicating the reasons.

The pollen load curves represent the daily pollen count as the mean value for the region allocated to the users by their entry of location for the respective day. As microscopic evaluation mostly is performed once a week - and is very time consuming - pollen counts can never represent the exact daily value. Data arrive from different countries at different times and in different intervals. In order to safeguard utmost accuracy, data is updated several times a day.

The services offered by us are not created for the requirements and needs of individuals, but for the general public. We select the services offered (including information) carefully, but cannot assume any guarantee and/or liability for the correctness, topicality, accuracy or completeness of the services offered (including information) and for their specific usefulness or usability. Pollen loads, in particular, may vary due to weather conditions (wind, precipitation, microclimatic factors) and local peculiarities (composition of vegetation) and deviate from forecasts and, naturally, are no longer valid if the location changes. Any contents, interactive modules and services in no way represent medical advice, individual remote diagnosis or therapy recommendation and can be no substitute for professional advice or treatment by trained and licensed physicians. Accordingly, we assume no liability for the services and/or information offered.

6. Rights of use and exploitation

Our aim is to respect, in all publications, copyrights in the graphs, sound documents, video sequences and texts and to use graphics, sound documents, video sequences and texts we have prepared ourselves or to fall back on licence-free graphics, sound documents, video sequences and texts.

All trademarks and brands referred to within the services and which may be protected by third parties, are subject, without limitation, to the provisions of the applicable trademark right and the ownership rights of the respective registered owner. The mere mention alone does not permit the conclusion that the trademark is not protected by third-party rights.

All services offered by us, in particular information, data, texts, images, graphics etc provided may be used exclusively for private, non-commercial purposes, and we reserve the right to revoke the rights granted at any time. Commercial use of our services of any type whatsoever is prohibited. 

7. Legal venue/place of performance/applicable law

If the user is an entrepreneur, the competent court for the 9th district of Vienna shall have exclusive jurisdiction for any and all disputes arising. If the user is a consumer within the meaning of the Consumer Protection Act, this shall apply only if the user has his domicile, habitual abode or place of employment in the district of said court.

The place of fulfilment for any and all claims and obligations shall be the seat of the Research Group for Aerobiology and Pollen Information, University Department for Otorhinolaryngolgy, Head and Neck Surgery of the Medical University of Vienna.

The substantive law of Austria shall apply exclusively, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Contact
Uwe Berger MBA
uwe.berger(at)pollentagebuch.at

Research Group for Aerobiology and Pollen Information
University Clinic for Ear, Nose and Throat Diseases, Head and Throat Surgery of the Medical University of Vienna 
kontakt(at)pollentagebuch.at

8. Severability clause/other provisions

The nullity or ineffectiveness of individual provisions of the GTU shall not affect the legal effectiveness of the remaining provisions; in such case, those provisions that are legally effective and come closest to the original purpose of pollentagebuch.at and/or pollenwarndienst.at shall be deemed agreed. Insofar as these GTU require written form, transmission by fax or e-mail shall suffice to fulfil this requirement. Any deviation from these GTU shall be subject to the express advance consent in writing by the provider.

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