1 – What is Flamingo
Flamingo is a platform established for the purposes of promoting and financing efforts to regenerate wetlands with a view to promoting the protection and sustainable management of nature, biodiversity and natural resources, as well as supporting culture.
By pursuing its purpose, Flamingo is seeking to make a material positive impact on the society and the environment.
The platform flamingo.crowdfunding.eco is run by Flamingo SA.
2 – Definitions
Flamingo SA is herein referred to as «Flamingo». Initiators of projects are hereinafter referred to as «project owners», logged-in users are referred to as «donators», and users not logged-in are referred to as «visitors» (collectively referred to as «users»).
3 – Scope of Application
These Terms of Use govern the relationship between Flamingo SA. By visiting or using Flamingo, users agree to these Terms of Use.
Flamingo reserves the right to amend these Terms of Use at any time.
4 – Payments
Project owners and donators agree that Flamingo collects payments from donators on a bank account operated by Flamingo. For that purpose, Flamingo may provide donators with several options to donate funds, using established payment service providers such as PayPal, Mangopay, Stripe or similar.
Project owners are obligated to provide Flamingo with valid bank account details and a current address. Donators are obligated to provide their full legal name and their current address as well as all information necessary to effect the transfer of funds.
Funds transferred by donators will reach project owners (minus commission and transaction fees), and will not be returned to donators.
5 – Commission and Transaction Fees
From donations made, Flamingo is deducting a small commission and transaction fee (see website for precise amount) with which Flamingo seeks to cover its cost of operating the platform.
6 – Personal Data
Project owners and donators are asked to register with Flamingo and provide personal date to create a profile.
For the purposes of processing payments, Flamingo may request project owners and donators to provide all necessary data, and to confirm such data by providing a copy of an official document as necessary. By submitting data to Flamingo, users confirm the accuracy of such data.
7 – Use of Data and Data Protection
Flamingo complies with the data protection requirements under the Swiss Data Protection Act and the European General Data Protection Regulation.
By registering with Flamingo, project owners and donators agree to the processing of data as follows:
Flamingo processes personal data of the users (in particular contact details such as surname, name, e-mail-address, address, telephone number) on its websites in order to ensure the functioning of Flamingo. Such personal data consists only of the information provided by users and gathered by the use of the services offered.
Users agree to the digital storing of their personal data. Flamingo may process such personal data only for the purposes of its own operations and the respective project; a transfer to third parties is not permitted.
Users agree to the transmission of contact details to other users to facilitate the exchange of messages between users.
Flamingo is entitled to transmit data as necessary to the payment provider concerned if required for purposes of charging services against payment.
A user visiting Flamingo consents to the use of website cookies. Such website cookies do not contain personal data but support the functioning of the website.
In order to prevent abuse, Flamingo is entitled to store the IP addresses of users.
Flamingo deploys appropriate organizational and technical measures to prevent the illicit processing of personal data. Flamingo processes the data exclusively for the purposes of providing the services to its users, and stores personal data only as far and as long as necessary.
8 – Obligations of Project Owners
Project owners represent and warrant to Flamingo that the information provided by them is accurate. Flamingo is entitled to request additional information from project owners as necessary for the purpose of meetings its own obligations.
With the submission of information to Flamingo, project owners grant Flamingo a non-exclusive, worldwide, perpetual right to use the information on the respective project free of charge. Project owners grant Flamingo the right to store, publish, make available to the third parties the submitted project information (text, pictures, videos) as well as surname and name in the event that this serves the promotion of the project, the project owners or Flamingo. Flamingo is entitled to use and make available the project information as such, in part, in amended form, or in combination with Flamingo’s own content.
9 – Copyright
Flamingo reserves the copyright in all of its own content on its websites. Copying or use of such content is permitted only with prior written consent Flamingo.
The use of scraping tools on the websites operated by Flamingo are prohibited. Any commercial use of information provided on the websites operated by Flamingo is prohibited, unless consented to by Flamingo in accordance with the Terms of Use.
10 – Liability
Any liability for economic, personal or intangible damages that derive from the use of Flamingo is excluded.
Flamingo endeavours to ensure the provision of the services but cannot warrant the uninterrupted availability. Any liability for technical transmission delays or outages is excluded.
Flamingo is not liable for the illicit use of personal data by third parties.
Flamingo is not liable for links that are beyond Flamingo’s control. In the event Flamingo gains knowledge of a linking to websites with illicit content, Flamingo shall take all reasonable measures to delete such links.
11 – Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, the validity of the remaining provisions or the validity of the contract shall not be affected. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision, which shall correspond with the objective of the original provision.
12 – Jurisdiction, Applicable Law
This agreement shall be governed by the laws of Switzerland, excluding the provision of the United Nations Conventions for the International Sale of Goods (CISG). Exclusive place of jurisdiction is Basel.
Current version of the Terms of Use: 16 September 2024
