Terms of use for free use of the website and the FFM app (as of 20 May 2019)

The City of Frankfurt as operator of the website www.ffm.de and the FFM app

The City of Frankfurt am Main, represented by DER MAGISTRAT, Amt für Informations- und Kommunikationstechnik - Onlinebüro -, Zanderstraße 7, 60327 Frankfurt am Main (hereinafter referred to as the "City of Frankfurt") is the operator of the website www.ffm.de (hereinafter referred to as the "website") as well as the FFM app and the services offered on it. The City of Frankfurt is responsible for the collection, processing and use of your personal data that takes place in the course of using the Website and the App. The content of the website and app is developed by the City of Frankfurt.

The City of Frankfurt uses your personal data in compliance with the applicable data protection regulations: the der EU-Datenschutzgrundverordnung (DS-GVO), Bundesdatenschutzgesetz neu (BDSG-neu) und des Hessischen Datenschutz- und Informationsfreiheitsgesetzes (HDSIG). The City of Frankfurt stores your data exclusively in the event of registration on the website / app for the purpose of carrying out citizen participation procedures, reporting defects or posting or supporting ideas in the ideas platform for the duration of the provision of the web offer or the app. This requires your consent (legal basis is Art. 6 para. 1 lit a EU-DS-GVO). Please also refer to the data protection declaration.

The following provisions ("Terms of Use") govern your and our (City of Frankfurt) rights and obligations in connection with the use of the website or the app. The current version of the Terms of Use can be found on the website or in the app.

Service provider polidia GmbH

The website and app of the City of Frankfurt are part of the DIALOG BOX client platform (hereinafter referred to as "DIALOG BOX"), which is operated by polidia GmbH, Mühlenstr. 40 in 10243 Berlin (hereinafter referred to as "polidia"). Accordingly, the City of Frankfurt has concluded an agreement with polidia GmbH on the processing of orders. The website constitutes a so-called DIALOG BOX client. In the event of registration directly on the website or via the app, your master data (=name, first name, e-mail, password) will be stored on the DIALOG BOX servers and a central user account will be created for you. This requires your explicit consent. This master data is stored by polidia and processed within the terms of the user relationship (legal basis is Art. 6 para. 1 lit b DSGVO). The data will not be used for advertising or newsletter distribution by polidia. Likewise, polidia will not pass on your data to third parties without your consent. In all other respects, polidia processes your personal data in compliance with the current data protection regulations.

If, in addition and independently of this, you register on further DIALOG BOX clients of polidia (also referred to as "participation websites") to actively engage in online participation and under the applicable data protection declarations and terms of use, your master data for the creation of the user profile of each further DIALOG BOX client will be adopted from the central user account created. In this case, registration is possible with a uniform login, as polidia processes this master data uniformly.

Section 1: Contract of use

a) Subject matter of the contract

The subject of the contract between you and the City of Frankfurt is the free use of the website or the app. You have no claim to the maintenance of individual functions of the website or the app or to the maintenance of the website or the app itself. The City of Frankfurt is entitled at any time to change or remove content and functions provided on the website or the app, to make new content and functionalities available or to discontinue the website or the app altogether.

b) Conclusion of contract

The contract is concluded in the case of a first-time registration on the website or the app when you complete the online registration process and then click on the activation link in the confirmation e-mail. The City of Frankfurt is entitled to delete the registration if the activation link is not activated within 48 hours of the email being sent.

If you have already entered your master data on the DIALOG BOX, the contract is concluded by your consent ("opt-in") on the website.

In both cases, the terms of use and the privacy policy of the website or app must be accepted.

c) Eligible users

The use of the website or the app is permitted to natural persons from the age of 16. Use by minors requires the permission of their parents or legal guardian(s).

d) Acts of individuals

If you do not act in your own name, you confirm to the City of Frankfurt that you have been authorised or commissioned to perform the respective act by the person who has authorised you.

e) Availability of website and app

Polidia endeavours to offer a trouble-free operation of the website and the app. This is naturally limited to services over which polidia has an influence. However, a complete and uninterrupted availability of the website and app is not technically feasible. Polidia endeavours to keep the website and app available as permanently as possible. A claim to this does not exist. In particular, access to the website or the app may be restricted in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and events beyond polidia's control.

Section 2: Access to the website / the app (registration and login data)

a) Registration / Opt-In on the website or app as user / guest participation

In order to use the website or the app for the purpose of participating in citizen participation offerings, a one-time and voluntary registration on the website or via the app is required. For certain offers, guest participation without registration is also possible (defect reports, support in the ideas platform, participation in surveys). In all cases, your consent to data processing is required (legal basis is Art. 6 para. 1 lit a EU-DS-GVO). Login to the website or the app is done by means of an e-mail address and password (the "login data").

When you register as a user, your name (surname, first name), your e-mail address and a password that you define yourself are requested. This mandatory data is requested in order to enable the use of the website and app (name, e-mail address, password) and to contact you if necessary (e-mail address).

The following data is optional: Title. In addition, you can set a profile picture.

By registering, a master data record (=name, first name, e-mail, password) is stored on the DIALOG BOX servers. In case of your registration on another DIALOG BOX client via opt-in, the master data for your user profile of this client (central user account) will be taken over. In this case, the respective terms of use as well as the privacy policy have to be accepted.

Consent to data processing by polidia

You agree to the transfer and use of your data by polidia as follows:

By confirming these terms of use during registration, you agree to the transfer of your master data (=name, first name, e-mail, password) so that a central user account can be created to allow your active participation by polidia GmbH, Rosenthaler Straße 13 in 10119 Berlin, as operator of the DIALOG BOX. This master data is stored by polidia and processed within the framework of the user relationship (legal basis is Art. 6 para. 1 lit a EU-DS-GVO). The data will not be used for advertising or newsletter distribution by polidia. Likewise, polidia will not pass on your data to third parties without your consent.

Withdrawal option:

You can revoke your consent at any time by e-mail to onlinebuero(at)stadt-frankfurt.de or info@polidia.de with effect for the future. Since active participation in the DIALOG BOX website or other participation websites is not possible without depositing your master data with polidia, please inform us at the time of your revocation if

(1) in addition to the access to the website, the access to further participation websites for which you have registered via the DIALOG BOX is revoked. In this case, your access account with the Website and your master data for registration with other DIALOG BOX participation websites with which you have registered will be deleted. In the event of renewed interest, you must register again in full.
(2) only the registration on the website is revoked and the access to other participation websites of DIALOG BOX is to be maintained. If such a clarifying notification is omitted in the course of the revocation, only your profile on the Website will expire upon termination of your registration for the Website and the master data will be available to further DIALOG BOX clients used by you.

In the event of a withdrawal, the user-generated content provided by you on the Website and / or by you on other participation websites, with which you may also be registered, will not be deleted until the withdrawal has taken place, but will be anonymised.

b) Confidential treatment of login data

You are obliged to handle your login data with care, to treat them confidentially and to prevent misuse of the login data by third parties. This means in particular that you must protect the login data against unauthorised access, modification and other unauthorised access or attacks of any kind.

c) User-bound nature of the user account

Without the explicit consent of the City of Frankfurt, you are not entitled to allow third parties to access the website and app using your login data. Your membership is not transferable.

d) Passing on your registration data to other third parties

Your registration data will not be passed on to other third parties without your consent. This will not apply if the City of Frankfurt has a legal obligation to do so or if this is necessary to enforce the rights of the City of Frankfurt, in particular to enforce claims that are specified in more detail in the terms of use (see in particular section 4 a "Obligation to comply with legal requirements").

Section 3: Storage and publication of your user-generated content

You have the option of posting so-called user-generated content on the website. The user-generated content specifically includes: deficiency reports, if applicable with telephone number, ideas with user name, house number, street, postal code, statements of support, surveys with city district (optional) and age (optional) or ideas and comments in participation procedures. Data processing requires your consent (legal basis is Art. 6 para. 1 lit a EU-DS-GVO).

You can post/upload your user-generated content on the website. The content you post must not violate applicable law and must not infringe the rights of third parties, in particular copyright, other intellectual property rights and the personal rights of others. Content of others made accessible on the website may not be used by you, neither in full, nor in part or in extracts, for commercial data exploitation or provision of information and/or for any other commercial exploitation.

Please note: Your user-generated content including your full name or user name and optional profile picture may be displayed publicly in individual modules and thus visible to third parties on the website or in the app (does not apply to the deficiency report or participation in surveys). This also means that the content you generate can be indexed by search engines and found via them.

Section 4: Obligations when using the website or the app

a) Duty to comply with legal requirements

When using the website or the app, you can communicate with other users of the website in various ways. In doing so, you are obliged to comply with applicable law and not to infringe any rights of third parties (e.g. copyrights and personal rights) and otherwise to act appropriately, politely and respectfully towards third parties and their views and customs in the dialogue. Specifically, this means

not to express yourself in an insulting or otherwise disparaging manner towards others;
not to behave in a way that may damage the reputation of others, e.g. mentioning their names or disclosing personal details about third parties;
not to express yourself in an anti-constitutional, racist, sexist, discriminatory, anti-religious, or violence-glorifying or similar manner;
not to threaten others;
not to post content if copyrights or ancillary copyrights or other intellectual property rights exist in favour of third parties and the entitled parties have not declared their consent to the specific use;
not to post texts, videos or photographs that make third parties identifiable unless these persons have given their consent.

The rules of communication must be observed, which can be viewed here.

b) Prohibition of technical interference

You are prohibited from any actions that are likely to manipulate, impair and/or excessively burden the operation of the website, the app or the technical infrastructure behind it and their functions/accessibility. This includes in particular:

the use of software, viruses, robots, scripts or databases in connection with the use of the Website;
blocking, overwriting, modifying, copying data and/or other content, unless this is necessary for the proper use of the Website.

c) Rights to the Website or the App

Insofar as copyrights or ancillary copyrights exist in the website, the app or the content provided editorially on it by the City of Frankfurt, these rights are held by the City of Frankfurt or the contractual partners of the City of Frankfurt who use the website/app. You may use the content available on the website/app exclusively for retrieval on the website/app. Reproduction of content is only permitted if it has been expressly approved for reproduction (e.g. for download). The use of such content is only permitted for the user's own non-commercial use. Any transfer to third parties requires our express consent. This does not apply to content that you have posted yourself (see section 3).

Section 5: Blocking access; blocking/deleting content

a) Blocking access

The City of Frankfurt is entitled to block your access to the website or the app temporarily or permanently if there are substantial indications that you are in breach of your obligations under these Terms of Use, in particular the obligations under section 4. In this case, you will be notified of the block by the City of Frankfurt via e-mail. The same applies to the removal of the block. The option of extraordinary termination in accordance with section 7 remains unaffected.

b) Blocking/deletion of content

The City of Frankfurt is entitled to remove individual content posted by you on the website or in the app (e.g. comments, deficiency reports or statements of support) or to temporarily or permanently block users' access to it if there are concrete indications that this content violates applicable law, the rights of third parties or the obligations under section 4.

c) Administrator rights

The rights mentioned under section 5 a and b are also granted to the operator of the DIALOG BOX, polidia. The latter is therefore also entitled to block/delete content or users on the website, insofar as actions of the users are the basis which concern this website.

Section 6: Information on, correction and deletion of data (master data, registration data, user-generated content)

You can request information about your stored personal data at any time, or view and change it by logging in to the website with your login data. A formal request for information must be made in writing and must include proof of identity.

You can also delete or correct your data or your user profile at any time. If you delete your data, you will not be able to use the website and, if applicable, the DIALOG BOX, or will not be able to use them to their full extent (see section 2 a). If you delete your user profile, the content generated by you on the website will be anonymised.

Therefore, the rights listed in the privacy policy in section 8 under data subject rights apply to you as a data subject on the basis of the EU Data Protection Regulation.

Section 7: Duration and Termination of the Contract

a) Duration of the contract

The contract for the use of the website or the app runs for an indefinite time and can be terminated by you or by the City of Frankfurt at any time without observing a period of notice and without giving reasons.

b) Form of termination

Notice of termination may be given in writing to polidia (polidia GmbH, Rosenthaler Str. 13, 10119 Berlin) or by e-mail (info(at)polidia.de) and to the City of Frankfurt (frankfurtfragtmich(at)stadt-frankfurt.de). It is equivalent to termination if the City of Frankfurt ceases to operate the website or if you terminate your registration on the website. When giving notice of termination, please inform polidia whether the termination is to apply only to this website or also to other DIALOG BOX clients used by you. In this case your master data will be completely deleted. If no such notice is given, only your profile on the Website will expire upon termination of your registration for the Website and the Master Data will be available to other DIALOG BOX clients used by you.

c) Consequences in case of termination of the contract

After termination of the contract you will no longer have writing access to the Website and - depending on your notification - to other DIALOG BOX clients used by you. All contents posted by you will be anonymised. Please also compare the note under section 2 a on the "withdrawal option".

Section 8: Your liability / claim for exemption

If actions taken by you in connection with the use of the website violate legal regulations, in particular infringe the rights of third parties, you are obliged to assume liability for all claims of third parties arising therefrom. Furthermore, you undertake to bear all costs that may be claimed against the City of Frankfurt and our employees or agents by third parties. Reimbursable costs also include the costs of reasonable legal prosecution and legal defence incurred to defend against the claims of third parties. The City of Frankfurt is entitled to assign to injured parties, without your consent, claims arising from the contract which you have negligently or intentionally caused through the breach of your contractual obligations under section 4 and which are asserted against the City of Frankfurt.

Section 9: Liability of the City of Frankfurt and/or polidia

Unlimited liability: The City of Frankfurt is liable for intent and gross negligence. The City of Frankfurt shall be liable for slight negligence in accordance with the Product Liability Act and in the event of damage to the life, limb or health of individuals.

Limitation of liability: In the event of slight negligence, the City of Frankfurt shall otherwise only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). This limitation of liability also applies to the benefit of the City of Frankfurt's vicarious agents. Liability on the part of the City of Frankfurt is excluded in the case of slightly negligent breaches of data protection law, as long as non-sensitive data as defined in Art. 9 DSGVO are affected.

Section 10: Rights of use to user-generated content

You grant the City of Frankfurt and polidia a simple, spatially and temporally unrestricted, irrevocable right of use free of charge to user-generated content posted by you on the website or in the app for the purpose of storing the content on polidia's servers for the purpose of permanently reproducing the content on the website or in the app. Insofar as this is necessary to prevent damage to the City of Frankfurt, to polidia or to third parties, the City of Frankfurt and polidia shall be entitled to delete the content in whole or in part, to block access to it or to render the content unrecognisable.

Section 11: Security

The City of Frankfurt uses appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. The security measures are continuously improved in line with technological developments.

If you register as a user on the website, access to the dialogue functions of the website is only possible after entering your personal password.

Section 12: Data protection

When you register on the website or in the app, the City of Frankfurt collects and uses personal data from you. You will be informed of the type and scope of data collection and use in the terms of use, which you must agree to when registering on the website or in the app and which you can access on the website or in the app at any time (legal basis is Art. 6 Para. 1 lit a EU-DS-GVO).

Your personal data will be used in compliance with the applicable data protection regulations: the EU General Data Protection Regulation (DS-GVO) and the Bundesdatenschutzgesetz neu (BDSG-neu). You can also find more detailed information on this in the privacy policy.

Section 13: Changes to the Terms of Use

The City of Frankfurt reserves the right to amend these Terms of Use at any time. You will be notified of the changes at least 14 calendar days before they are scheduled to come into effect. You have a special right of termination in the event of changes to the Terms of Use, which must be exercised within the notice period. You will be informed of this special right of termination in the announcement. Your termination options pursuant to Section 7 remain unaffected.

Section 14: Concluding provisions

a) Ineffectiveness of individual clauses

Should one or more provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

b) Applicable law and place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal basis, is - if the user is a merchant - the registered office of the City of Frankfurt at the time of conclusion of the contract.

c) Amendments or supplements

All amendments or additions to the contract must be made in text form (e.g. e-mail). This also applies to any amendment of these provisions.

d) Assumption of Contract

The City of Frankfurt is entitled to transfer this contract with all rights and obligations to a company of our choice. The transfer will take effect 28 days after it is notified to you. If this contract is transferred to another company, you have a special right of termination which must be exercised within the notice period. You will be advised of your special termination right when you are given notice.