Legal

Terms of Use

1. Scope

1.1

These Terms of Use are applicable to all services and products available on the Growth Generator Platform. All information on the services and products on the Growth Generator Platform are subject to change. Visitors or Members are entitled to use the Free Services.

1.2

A restricted number of features on the Growth Generator Platform are available to visitors of the Growth Generator Platform who are not registered members ("Visitors"). The registered members are able to access various free features and services.

1.3

Visitors acknowledge and accept these Terms and Conditions (including our Privacy Policy) by using and continuing to use our services. If you are a Visitor and you do not agree to abide by our Terms of Use, you are requested to cease any use of the Growth Generator Platform immediately.

1.4

When registering as a Member you agree to the Terms of Use as well as our Privacy Policy upon registration by ticking the "I have read and agree to the Terms of Use" box when setting up your member account. By ticking the "I have read and agree to the Terms of Use" box you acknowledge to have read and understood our Terms of Use.

2. KPMG's rights and obligations

2.1 Growth Generator Platform

2.1.1

KPMG reserves the right, to modify or discontinue any features of the Growth Generator Platform at any time without prior notification.

2.1.2

We provide the Growth Generator Platform including all services, applications and any information and content contained therein as is. KPMG disclaims any and all representations and warranties (express or implied) including warranties of title, fitness for a particular purpose and/or merchantability. KPMG cannot and does not guarantee or promise any specific results from the use of the Growth Generator Platform. KPMG does neither represent nor warrant that the information and content made available on or through the Growth Generator Platform is complete, accurate, reliable, current or error-free. Visitors and Members acknowledge and agree that the downloading or obtaining of information and content from the Growth Generator Platform occurs at their own discretion and risk.

2.1.3

Growth Generator Platform or parts of our services may be temporarily unavailable from time to time for various reasons such as but not limited to server maintenance. KPMG does not assume any responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Growth Generator Platform. KPMG shall not be responsible or liable for any technical malfunction or other problems of any computer systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to Visitors, Members or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Growth Generator Platform. Subject to these Terms of Use, KPMG shall under no circumstances be held responsible or liable for any loss or damage, including any loss or damage resulting from anyone's use of the Growth Generator Platform or in connection therewith.

2.2 Member's Content and Conduct

KPMG does not pre-screen or control any material Members post, transmit or share on the Growth Generator Platform. Also, KPMG shall not be responsible for the conduct, whether online or offline, of any Visitor or Member of the Growth Generator Platform. KPMG assumes no responsibility or liability for this conduct or any Member Content; even if KPMG should choose to temporarily monitor the Growth Generator Platform or the conduct of Members.

In any event, KPMG reserves the right, in its sole discretion, to investigate and take appropriate action against anyone who:

violates any provisions regarding prohibited conduct and prohibited Member Content;
violates or is alleged to violate any applicable law;
engages in conduct which may be offensive, illegal, or which may violate the rights, harm, or threaten the safety of any person.

KPMG's action may include, without limitation, reporting Visitors and/or Members to law enforcement authorities, terminating their membership as well as removing, refusing or moving offending Member Content from the Growth Generator Platform.

If a dispute or claim arises in connection with any Member Content, KPMG reserves the right to remove such Member Content until a definite resolution of conflict has been reached. KPMG is in no position to resolve such claims or disputes, and we will not referee or assist Members in such disputes.

3. Members' rights and obligations

3.1

The Growth Generator Platform is intended exclusively for persons who are thirteen (13) years of age or older. By using the Growth Generator Platform you represent and warrant that you are thirteen (13) or older and that you agree to abide to our Terms of Use.

3.2 Current and Complete Information

You agree to provide accurate, current and complete information about you as requested on our registration forms on the Growth Generator Platform. You agree to maintain and promptly update any and all information relevant for your use of the Growth Generator Platform, in particular, but without limitation to, your e-mail and billing address.

3.3 Password and Member Account Security

You agree to keep your password secure and confidential and not to disclose it to anyone. Also, you agree not to permit any third party access to your account. You agree to notify KPMG immediately of any actual or suspected unauthorized use of your password or account or other breach of security. Such notifications may be addressed to the e-mail below.

3.4 Member Content

3.4.1 Member Content in General

At KPMG, we allow you to upload user generated content such as your Member profile, comments, recommendations, files, and to share them with Visitors and Members on the Growth Generator Platform.

You are solely responsible for posting, transmitting and/or sharing photos, your profile (including your name, image, and likeness), messages, notes, text, information, and other content such as project descriptions, project magazine content, etc. (hereinafter collectively "Member Content") on or through the Growth Generator Platform.

3.4.2 Public Projects

Subject to these Terms of Use, Members are entitled to set up their own projects or participate in public projects set up by other Members ("Projects").
When you initiate a Project, KPMG will give you administrator rights to organize and handle the Project. Members with administrator rights are referred to as "Project Owners".

As Project Owner you may:

set up a Project magazine wherein other Members are informed about the goals of the Project and about its progress and new developments;
grant administrator rights to other Members involved in that particular Project;
in connection with your Public Project to solicit donations which are received and collected by the KPMG Anniversary Foundation and administered in accordance with the foundations articles of incorporation as well as allocated in furtherance of the purposes of the foundation;
close and delete a project.

Except when granting administrator rights to other Members in your Project, you agree to keep any data in connection with your administrator rights secure and confidential and not to disclose such information and data to anyone. Also, you agree not to permit any third party access to such information and data. You agree to notify KPMG immediately of any actual or suspected unauthorized use of your administrator rights or other breach of security.

KPMG does neither pre-screen nor approve Projects. KPMG is not responsible for the content of the Project or any action taken or transaction entered into (for example with respect to the solicitation and collection of donations) in connection with any Project. In particular, KPMG cannot be held responsible for the manner in which the Project Owner and other Members of any particular Project organize and handle the Project.

Project Owners represent and warrant that they shall only collect personal information from Members (including but not limited to any personal information contained in any Member profile) with their express authorization. They represent and warrant that they shall use such personal information only for the express purpose for which such personal information was provided by the respective Member. Project Owners represent and warrant that they shall not share such personal information with any third party, unless with the express authorization from the person such information is related to.

Project Owners acknowledge and agree that they are solely responsible for the solicitation of donations in connection with the Project, whilst collection and use of donations are the responsibility of the KPMG Anniversary Foundation.

KPMG shall be entitled to integrate all Projects into competitions KPMG at its own discretion chooses to hold. Anyone may report any irregularities in connection with a Project to KPMG, and we will take such measures as we in our own discretion deem appropriate.
KPMG remains free at all times and in its own discretion to temporarily deactivate or delete entirely any Projects that are not in compliance with these Terms of Use without giving further notice.

Without prior notice KPMG is entitled to deactivate or delete entirely a Project that has not been actively administered for a period of twelve (12) consecutive months.
Upon termination of a project by the Project Owner, KPMG is entitled to delete the Project with immediate effect and without giving further notice to other Project members of that particular project.

3.4.3 Donations

KPMG merely facilitates donations and is available as transaction partner. KPMG therefore principally provides only the technology and a platform in order to enable the interaction between donors and Project Owners. Therefore each donor is itself responsible for obtaining information, which it needs to make a decision about a specific Project or donation. All available information provided on the part of KPMG is to be found on the Growth Generator Platform itself. Beyond that, KPMG has no further data concerning Projects or involved parties.
The transactions involving donations in kind take place exclusively between the donor and Project Owner.

KPMG is not responsible for any dissatisfaction a Member may have regarding the Project Owner’s use of any donation made through the Growth Generator Platform or websites powered by KPMG. KPMG cannot guarantee that funds will be earmarked for a particular appeal.

Payments may be processed by the means offered by KPMG. The specific terms of the respective payment service provider apply additionally.
KPMG does not charge any fees on donations processed through the Platform. The Project Owner receives the donation amount less transaction costs occurred by the payment service provider and bank commissions.

3.4.4 Backup Copies

You are solely responsible, at your own cost and expense, for creating backup copies of any Member Content you post or store on the Growth Generator Platform or any other data that you submit to KPMG in any other form.

Upon termination of your membership, KPMG is entitled to delete your Member Content with immediate effect and without giving further notice.

3.5 Standards of Conduct

You acknowledge that the Growth Generator Platform is available for your personal, non-commercial use only. You represent and warrant that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Growth Generator Platform will violate or infringe upon the rights of any third party, or contain libelous, defamatory or otherwise unlawful material.

You agree, in particular, not to use the Growth Generator Platform for the following activities:

a. to harvest or collect email addresses or other contact information of others from the Growth Generator Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

b. to use automated scripts to collect information from or otherwise interact with the Growth Generator Platform;

c. to use the Growth Generator Platform and its services in any unlawful manner;

d. to upload, post, transmit, share, store or otherwise make available:

any content that we at our own discretion deem to be harmful, threatening, defamatory, infringing, abusive, harassing, obscene, fraudulent, invasive of privacy or publicity rights, or racially, ethnically or otherwise objectionable or unlawful;
any private information of any third party, including but not limited to, addresses, phone numbers, email addresses, and credit card numbers;
software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters and the like;
content that would constitute, invite others to or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any national or international law.

e. Register for a Member account on behalf of an individual other than yourself or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
f. Solicit passwords or personally identifying information for commercial or unlawful purposes.

3.6 Interaction with Other Growth Generator Members

You are solely responsible for your interactions with other Growth Generator Members. We reserve the right, but have no obligation, to monitor such disputes between Growth Generator Members and we reserve the right to take such measures as we in our own discretion deem reasonable and appropriate, including the suspension or termination of the membership of one or all Members involved in such dispute.

4. Limited License for Member Content

4.1

By posting Member Content on the Growth Generator Platform, you explicitly authorize us to make copies of the Member Content as we in our sole discretion deem necessary to facilitate the posting and storage of the Member Content on the Growth Generator Platform.

4.2

Furthermore, by posting Member Content to any part of the Growth Generator Platform, you automatically grant KPMG a free, unlimited, irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose (currently known or unknown), commercial, or otherwise, on or in connection with the Growth Generator Platform or the promotion thereof.

4.3

You may remove your Member Content from the Growth Generator Platform at any time. When you remove your Member Content, the license granted above will automatically expire. You acknowledge, however, that KPMG may retain archived copies of your Member Content and that the license granted above will continue to be valid for such archived Member Content.

4.4

You represent and warrant that you have the right to grant this license and you agree to hold KPMG harmless from any claims as set forth in section 5.

5. Proprietary Rights In Company's And Third-Party Content And Technology

5.1 KPMG's Ownership of Proprietary Rights

You acknowledge and agree that except for the limited license granted hereunder, all right, title and interest to the Growth Generator Platform and the Growth Generator Content contained therein remains with KPMG or third parties.

5.2 Limited License of Company Content to Members

Subject to these Terms of Use, KPMG hereby grants you a limited, revocable, non-sublicensable license to display Growth Generator Content solely for your personal use in connection with your use of the Growth Generator Platform.

6. KPMG's Liability

To the extent permissible by law, KPMG excludes any and all liability for any damages incurred in connection with the use of the Growth Generator Platform.

7. Member's Liability

You are solely responsible for any Member Content you post, transmit and/or share on or through the Growth Generator Platform as well as for your interaction with other Members. You agree to indemnify and hold KPMG and its subsidiaries and affiliates as well as each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

any Member Content you post, transmit or share on or through the Growth Generator Platform and any other form of use of our services;
your conduct in connection with your use of the Growth Generator Platform or in connection with your interaction with other Members;
any violation of these Terms of Use (including the Privacy Policy), of any law or of the rights of any third party.

8. Termination of Membership

KPMG may terminate your membership, delete your profile and any content or information that you have posted on the Growth Generator Platform and/or prohibit you from using or accessing the Growth Generator Platform (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice.

9. Modifications

9.1

KPMG may modify these Terms of Use from time to time at its own discretion. You agree that such modification shall be effective upon posting on the Growth Generator Platform and that you will be bound to any changes when you use the Growth Generator Platform after such modification is posted. You are therefore required to review these Terms of Use regularly to ensure you are updated regarding any changes.

9.2

Any use of the Growth Generator Platform after the modification of the Terms of Use will constitute acceptance by you of such changes. Should you not agree with the modified Terms of Use, your sole remedy shall be to deactivate your Member account and/or to cease use of the Growth Generator Platform.

10. Links

The Growth Generator Platform may contain links to other web sites. We do not monitor or check such linked web sites for accuracy, appropriateness, or completeness, and we cannot be held responsible for any web sites accessed through the Growth Generator Platform. Links to web sites can under no circumstances be construed as an implied approval or endorsement of these web sites by KPMG.
You access any linked web site solely at your own risk and you should be aware that these web sites are governed by their own terms of use and privacy policies. We recommend you review the applicable terms and policies upon accessing the linked web site.

11. Miscellaneous

11.1 Severability and Waiver

If any provision of these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. The respective provisions shall be replace with a provision that closest reflects the intentions contained in the provision held invalid, illegal or unenforceable.
The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

11.2 Survival

Unless otherwise explicitly stated, these Terms of Use will survive the expiration or deactivation of your Member account for whatever reason. KPMG may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which these Terms of Use relate.

11.3 Applicable Law and Venue

By visiting or using the Growth Generator Platform, you agree that the substantive laws of Switzerland, to the exclusion of the principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and KPMG or any of our subsidiaries and/or affiliates.
You hereby explicitly consent to the venue and jurisdiction in the ordinary courts at the domicile of KPMG. KPMG may, alternatively bring any claims against you in the ordinary courts at your registered domicile.

KPMG AG
Zürich, June 2010
Version 2010/1.05

Privacy Policy

Growthgenerator.ch is an online social collaboration and networking platform ("Growth Generator Platform") that allows you to register your personal profile, set up your own projects, or participate in projects set up by other members of the KPMG community. The Platform is operated by KPMG AG Switzerland (“KPMG”). At KPMG we want to provide you with the best tool possible for you to promote and pursue common goals with other members of the KPMG community.

KPMG is obliged to protect your online privacy and we use our best efforts to protect the personal data you submit to us. To the extent possible to fully provide our services, we leave it at your discretion to decide which personal data you submit to us and to what extent the Growth Generator community may view the personal data you save in your Growth Generator profile.

By registering on the Growth Generator Platform, you agree to comply with the terms and conditions of this Privacy Policy, and you agree that we and any user may process (i.e., collect, use, etc.) your personal data as described in this Privacy Policy or our general Terms of Use. Please note that personal data may be processed by KPMG in the country where it was collected as well as other countries.

1. Collecting and processing of data

1.1. User Submitted Information

When registering on the Growth Generator Platform, you provide personal data, which includes your Growth Generator ID (username), a user-chosen password, an e-mail address and optionally further information (such as a photo).
When using the Growth Generator Platform you may set up a personal profile, set up public projects, perform searches and when purchasing Project Upgrades. We collect this information in order to provide you these services.

1.2. Passive Data Collection and Cookies

1.2.1. Web Use Information

When you visit the Growth Generator Platform KPMG and the technical Platform provider collect the following information as you interact with our website:

The apparent internet protocol ("IP") address of your internet service provider ("ISP") and/or your computer, if your computer has an IP address assigned directly to it.
Date and time of access.
Data retrieved.
Access status (OK, partial access, document not found, etc.).
The apparent fully qualified domain name ("Domain Name") of your ISP and/or your computer, if your computer has a domain name assigned directly to it.
The type of browser (such as, for example Netscape, Internet Explorer, etc.) used and the operating system resident on a user's computer.
The web pages accessed at the site, as well as any applications used and forms data.

We use this information to improve the content of the Growth Generator Platform and the quality of our servers as well as to enhance the features and services available on the Growth Generator Platform and diagnose problems with our servers.

1.2.2. Cookies

A cookie is a small data package, which often includes a unique identifier that is sent to your browser from a website's computer and is stored on your computer's hard drive. Cookies record information about your online preferences and allow us to tailor the Growth Generator Platform to your interests. You have the opportunity to set your computer to accept all cookies, to notify you when a cookie is issued, or not to receive cookies at all. Please note that if you deactivate the use of cookies certain personalised services may not be provided to you, and accordingly you may not be able to take full advantage of all of the features offered on the Growth Generator Platform.

Information supplied by cookies can help us to analyse your use of the Growth Generator Platform and help us provide you with a better user experience.

2. Data of Minors

The Growth Generator Platform is intended for users aged thirteen and older. KPMG and the technical Platform provider do not knowingly collect or solicit personal data from anyone under the age of thirteen or knowingly allow such persons to register. If you are under thirteen you may not register a profile on the Growth Generator Platform or send us any information about yourself, such as your name, address, telephone number, or email address. No one under age thirteen may provide any personal data to or on the Growth Generator Platform. Any data collected from a child under age thirteen without verification of parental consent will be deleted from the Growth Generator Platform as quickly as possible.

We advise any minors between the age of thirteen and eighteen to ask their parents for permission before registering on the Growth Generator Platform and before sending any information about themselves to anyone over the Internet.

3. Use of Data

3.1. User Profile in General

Your personal information is registered in your user profile. At a given time we will enable you to choose different privacy settings for your profile and it is largely up to you to decide which personal data shall be accessible to other members in the KPMG community.
Your user ID and photo, if you submitted any, will be available in search results on the Growth Generator Platform.

3.2. Content and Personal Data in Public Areas

Be aware that when you post content on the Growth Generator Platform that enable direct sharing of information with other users and visitors, these other users and visitors will have access to any personal data in such content. Because you may voluntarily disclose any personal data in these public areas, you should be careful about the information you choose to disclose. KPMG does not control that disclosure, and is not liable in any way for anyone's use or misuse of the information in the disclosure.

We keep track of content that you have uploaded to the Growth Generator Platform and may use it in special Growth Generator Platform features such as the ranking of projects. Such information can be displayed with your Growth Generator ID and photo, if you uploaded one, and we will make it available to any and all users and visitors of the Growth Generator Platform.

Also, if you use a discussion room, a chat room or a project magazine on the Growth Generator Platform, you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. KPMG is not responsible for any personally identifiable information you choose to submit in these forums.

3.3. Your E-mail Address in Particular

We will send you administrative messages, and e-mail updates regarding your account, your projects, or the Growth Generator Platform in general.
You may only opt out of receiving administrative messages by cancelling your Growth Generator user account.

4. Disclosure

4.1. General Principle of Non-Disclosure to Third Parties

For reasons of security and compliance, we access to and may view all personal data and information that you submit to the Growth Generator Platform.

Except as otherwise stated in this Agreement and in particular in sections 4.2 - 4.5 below, KPMG will not disclose your personal data to any third party.

4.2. Service Providers

KPMG may make your personal data available to third parties to deliver specific services to you (such as hosting services, support services, or credit card payment processing). These third parties are contractually obliged not to disclose your personal data and not to use your personal data other than to provide the services related to your KPMG membership.

4.3. Donation receipt

KPMG can make your personal data available for demonstrating donation receipts of the KPMG Anniversary Foundation.

4.4. Governmental and/or Judicial Bodies

KPMG and the technical Platform provider may disclose personal data if required by a subpoena or other judicial or administrative order, where required by law, or, at the sole discretion of KPMG, where we deem necessary to protect the safety of any individual or the general public or to prevent violation of the Terms of Use or the rights of KPMG or any third party.

4.5. Affiliates / Change of Ownership

In the event KPMG and/or the technical Platform provider should in the future have a parent company, any subsidiaries, joint ventures, or other companies under a common control (hereinafter “affiliates”), KPMG and/or the technical Platform provider may share your personal data, to the extent necessary, with these affiliates. In such event, we will require our affiliates to honour this privacy policy.

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to another entity, we reserve the right to transfer all of KPMG's user information, including e-mail addresses, to a separate entity. KPMG will notify users (by means of a posting on the Growth Generator Platform or by e-mail, whichever KPMG chooses at its own discretion) of such a transfer. Should you not wish to migrate your member account to the new owner, you must deactivate the account upon notification of the transfer.

5. Links

The Growth Generator Platform may contain links to third party sites. KPMG is neither responsible for the privacy policies nor the collection and use of personal data on these sites. When linking to another site you should carefully read the privacy policy applicable to that site.

6. Data security

KPMG and the technical Platform provider uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information on the Growth Generator Platform in a secure operating environment, KPMG and/or the technical Platform provider cannot guarantee complete security. In particular, we cannot guarantee that our security measures may prevent third-party hackers from illegally obtaining data stored on the Growth Generator Platform even though we commit ourselves to working hard to ensure the integrity and security of our network and systems.

Your Growth Generator member account is protected by your own password. You must keep your user ID and password secure at all times. The use of your user ID and password is reserved strictly for your own personal use only. You shall not make your user ID and password available to any third party and you shall protect it adequately from third party access.

7. Updating Data

You may, at any time, correct, edit or update the information you have stored in your personal profile. If you wish to terminate your Growth Generator membership, you may deactivate your account personally at any time.

Even if you update or remove your information from our live database, however, your personal data may be retained in our backup files and archives.

8. Right to Information

KPMG has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Also, you always have the right to access and correct the personal information you have provided. You can help us ensure that your contact information and data are accurate, complete, and up to date by submitting any changes in address and other user data.

You may request a copy of your personal information by contacting us at the e-mail address below. Any requests for a copy of your personal information must be accompanied by a copy of your valid ID or passport.

9. Changes to This Privacy Policy

KPMG reserves the right to revise, amend, or modify this privacy policy from time to time. Notice of any revision, amendment, or modification will be posted on the Growth Generator Platform. Your continued use of the Growth Generator Platform will signify your agreement to any and all changes.

In the event of any conflict between this English version and the German version of these Terms of Use, the German version shall prevail.

Should you have any question in relation to this Privacy Policy you may contact us with the subject “Growth Generator” at: CH-FMDataPrivacy@KPMG.ch

KPMG AG
Zürich, June 2010
Version 2010/2.0