General Terms and Conditions - EGhosting.de
Table of contents
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1. scope
2. Services of the provider
3. Performance changes
4.Conclusion of contract
5. Obligations of the customer
6. Compensation and payment conditions
7. Contract duration and termination
8. Liability
9. Changes to the terms and conditions
10. Applicable law, place of jurisdiction
1) Scope
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of (owner) Daniel Schwieger, acting under “Fa. Zankoo.de – EGhosting.de” (hereinafter “Provider”), apply to all contracts concluded by an entrepreneur (hereinafter “Customer”) ) concludes with the provider regarding the services presented by the provider on its website. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions also apply exclusively if the provider carries out the service for the customer without special reservation despite being aware of the customer's conditions that contradict or deviate from these conditions.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Entrepreneurs within the meaning of these General Terms and Conditions are also authorities or other institutions under public law if they act exclusively under private law when concluding the contract.
2) Provider services
2.1 The provider provides services to make content accessible via the Internet. For this purpose, it provides the customer with system resources on a virtual server. The customer can store content up to a certain extent on this server. The exact scope can be found in the provider's service description.
2.2 The content is kept available on the server under an Internet domain assigned to the customer for access via the Internet. The provider's services in the transmission of data are limited solely to data communication between the transfer point of the provider's own data communication network to the Internet and the server provided for the customer. The provider is unable to influence data traffic outside of its own communications network. A successful forwarding of information from or to the computer querying the content is therefore not required.
2.3 The provider's online service is offered subject to availability. 100 percent availability cannot be technically achieved and therefore cannot be guaranteed to the customer by the provider. However, the provider endeavors to keep the service available as consistently as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the control of the provider (disruptions to public communication networks, power outages, etc.) can lead to disruptions or the temporary shutdown of the service.
2.4 The provider provides the aforementioned services with an overall availability of 99%.
The availability is calculated on the basis of the time in the contract period for the respective calendar month less the maintenance times. The provider will, as far as possible, carry out the maintenance work during periods of low usage.
2.5 Unless otherwise agreed, the provider does not create backup copies of the customer content. The customer is responsible for creating and maintaining sufficient backup copies of the content stored with the provider and for not storing them exclusively on the provider's servers.
2.6 The provider is entitled to adapt the hardware and software used to provide the services to the current state of the art. If such an adjustment results in additional requirements for the content stored by the customer on the server in order to ensure that the provider's services are provided, the provider will inform the customer of these additional requirements in a timely manner. In this case, the customer must inform the provider no later than four weeks before the changeover date whether they will adapt their content to the additional requirements in time - i.e. no later than three working days before the changeover date - for the changeover. If the customer refuses to adapt his content or does not declare this to the provider within the aforementioned period, the provider can terminate the contractual relationship with effect from the time of the changeover.
2.7 The provider also takes over the procurement of the Internet domain(s) under which the customer's content is to be made available. To do this, the customer must name the Internet domain(s) he or she desires. The provider assumes no liability for the availability of the desired domain(s) or the non-infringement of third-party rights (e.g. name, trademark or title rights) by registering the desired domain(s) to the customer. If the desired domain(s) are no longer available, the provider will inform the customer immediately and make up to three alternative suggestions that are as close as possible to the originally desired domain. The customer must then decide on one of the alternative suggestions within a reasonable period of time set by the provider. If the customer allows the reasonable deadline set by the provider to pass without result, the provider is entitled to select a domain for the customer. The provider is not responsible for obtaining rights to domains that have already been registered for third parties by the responsible registry. The integration of an external domain that is managed by another provider is not permitted. The provider must register the domain in the name and for the account of the customer. In particular, when selecting the domain name and the registration office as well as when negotiating the conditions, the provider must independently represent the customer's financial interests and use its expertise to serve the customer. Upon request, he must provide the customer with information and account at any time about the status and progress of his activities in this matter. All rights and naming rights acquired for the domain belong to the customer.
3) Performance changes
3.1 The provider reserves the right to change the services offered or to offer different services unless this is unreasonable for the customer.
3.2 The provider also reserves the right to change the services offered or to offer different services,
- if he is obliged to do so due to a change in the legal situation;
- insofar as he is complying with a court judgment or an official decision against him;
- to the extent that the respective change is necessary to close existing security gaps;
- if the change is only beneficial for the customer; or
- if the change is of a purely technical or procedural nature without any significant impact on the customer.
3.3 Changes that have only an insignificant impact on the provider's services do not constitute changes to services within the meaning of this section. This applies in particular to changes of a purely graphic nature and mere changes to the arrangement of functions.
4) Conclusion of contract
4.1 The services described on the provider's website do not represent binding offers on the part of the provider, but rather serve to make a binding offer by the customer.
4.2 The customer can submit the offer using the online order form provided on the provider's website. After entering their personal data, the customer submits a legally binding contract offer with regard to the selected services by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by email, fax, post or telephone.
4.3 The provider can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the provider does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
4.4 The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
4.5 When submitting an offer via the provider's online order form, the contract text is saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The provider will not make the contract text available beyond this. If the customer has set up a user account for the provider's website before sending his order, the order data will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login details.
4.6 Before bindingly submitting the order via the provider's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
4.7 Only the German language is available for concluding the contract.
4.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.
5) Customer Obligations
5.1 The content stored by the customer in the storage space intended for him may be protected by copyright and data protection law. The customer grants the provider the right to make the content stored on the server accessible via the Internet when queries are made, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for data backup purposes. The customer is responsible for checking whether his use of personal data meets data protection requirements.
5.2 The customer undertakes not to store any content on the storage space provided that violates applicable law or infringes the rights of third parties. The customer also ensures that programs, scripts, etc. installed by him do not endanger the operation of the provider's server or communications network or the security and integrity of other data stored on the provider's servers.
5.3 The customer releases the provider from all claims that third parties assert against the provider due to violation of their rights due to content stored by the customer on the server. The customer assumes the costs of the necessary legal defense including all court and legal fees in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the provider immediately, truthfully and completely with all information required to examine the claims and defend them.
5.4 In the event of an imminent or actual violation of the above obligations as well as if third parties assert claims that are not obviously unfounded against the provider due to the content stored on the server, the provider is entitled to link this content, taking into account the legitimate interests of the customer temporarily suspend the Internet in whole or in part with immediate effect. The provider will inform the customer about this measure immediately.
5.5 If programs, scripts, etc. installed by the customer endanger or impair the operation of the provider's server or communications network or the security and integrity of other data stored on the provider's servers, the provider can deactivate or uninstall these programs, scripts, etc . If the elimination of the threat or impairment requires this, the provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The provider will inform the customer about this measure immediately.
5.6 To access the storage space intended for the customer, the customer receives a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to people who have been authorized by him to access the storage space.
6) Compensation and payment terms
6.1 Unless otherwise stated in the provider's offer, the prices stated are gross prices and include statutory sales tax.
6.2 The remuneration for the provider's services must be paid by the customer monthly in advance by the fifth working day of each month at the latest, unless otherwise agreed. The obligation to pay the fee begins when the storage space is activated by the provider. For the month in which the first activation takes place, the remuneration for each day following the activation is 1/30 of the agreed amount.
6.3 The compensation is debited from the customer's bank account monthly by credit card, bank transfer and PayPal direct debit. For this purpose, the customer grants the provider a direct debit mandate (SEPA) that can be revoked at any time. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is responsible for this .
6.4 The provision of services by the provider is tied to the customer meeting his payment obligations in a timely manner. If the customer defaults on paying a significant portion of the remuneration owed for two consecutive months, the provider may terminate the contractual relationship for good cause without observing a notice period.
7) Contract duration and termination
7.1 The contract is concluded for an unlimited period, but at least for a period of one year (minimum term). During the minimum term, the contract can be terminated with three months' notice to the end of the minimum term. If the contract is not terminated on time, it will be extended for another year and can then be terminated again with three months' notice to the end of the respective contract term.
7.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Terminations must be made in writing or in text form (e.g. by email).
7.4 After termination of the contractual relationship, the provider makes the content stored in the storage space intended for the customer available to the customer on a data medium. Any rights of retention of the provider remain unaffected.
8) Liability
8.1 The provider is liable for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1.1 The provider is liable without restriction for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, liability on the part of the provider is excluded.
8.4 The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
9) Changes to the terms and conditions
9.1 The provider reserves the right to change these terms and conditions at any time without giving reasons, unless this is unreasonable for the customer. The provider will notify the customer of changes to the terms and conditions in text form in a timely manner. If the customer does not object to the validity of the new General Terms and Conditions within four weeks of notification, the changed General Terms and Conditions are deemed to have been accepted by the customer. In the notification, the provider will inform the customer of his right to object and the importance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship continues under the original conditions.
9.2 The provider also reserves the right to change these terms and conditions,
- if he is obliged to do so due to a change in the legal situation;
- insofar as he is complying with a court judgment or an official decision against him;
- to the extent that he introduces additional, completely new services, services or service elements that require a service description in the General Terms and Conditions, unless the previous usage relationship is adversely changed as a result;
- if the change is only beneficial for the customer; or
- if the change is purely technical or procedural, unless it has a significant impact on the customer.
9.3 The customer's right of termination in accordance with Section 7 remains unaffected by this.
10) Applicable law, place of jurisdiction
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties.
10.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the provider is in any case entitled to appeal to the court at the customer's registered office.
Data protection
1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our website and thank you for your interest.
Below we will inform you about how your personal data is handled when you use our website.
Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is
Zankoo.de, owner: Daniel Schwieger, Stobraer-Str. 47, 99510 Apolda - Germany, email: hello@eghosting.de
The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
1.3 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption.
You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser bar.
2) Data collection when you visit our website
If you use our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”).
When you access our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the time of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if necessary: in anonymized form)
Processing is carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on our legitimate interest in improving the stability and functionality of our website.
The data will not be passed on or used in any other way.
However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.
3) Cookies
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages.
These are small text files that are stored on your device.
Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies).
Other cookies remain on your device and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies).
If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values on an individual basis. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website).
If personal data is also processed through individual cookies implemented by us, the processing takes place in accordance with Article 6 (1) (b) GDPR either to implement the contract or in accordance with Article 6 (1) (f) GDPR to protect our legitimate interests the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.
We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies).
If we work with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the paragraphs below.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general.
Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.
You can find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehne
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/kb/ph21411?locale=de_DE
Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that if you do not accept cookies, the functionality of our website may be restricted.
4) Contact us
When you contact us (e.g. via contact form or email), personal data is collected.
Which data is collected in the case of a contact form can be seen from the respective contact form.
This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration.
The legal basis for processing the data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR.
If your contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR.
Your data will be deleted after your request has been finally processed; this is the case if it can be seen from the circumstances that the matter in question has been finally clarified and provided that there are no legal retention obligations to the contrary.
5) Data processing when opening a customer account and for contract processing
In accordance with Article 6 Paragraph 1 Letter b of the GDPR, personal data will continue to be collected and processed if you provide it to us to execute a contract or when opening a customer account.
Which data is collected can be seen from the respective input forms.
Your customer account can be deleted at any time and can be done by sending a message to the above address of the person responsible.
We store and use the data you provide to process the contract.
After the contract has been fully processed or your customer account has been deleted, your data will be blocked in consideration of tax and commercial law retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or reserve the right to further use of your data as permitted by law on our part which we will inform you about below.
6) Use of single sign-on procedures
6.1 Facebook Connect
On our website you can create a customer account or register using the social plugin “Facebook Connect” from the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”). , is operated using the so-called single sign-on technology if you have a Facebook profile.
You can recognize the “Facebook Connect” social plugins on our website by the blue button with the Facebook logo and the inscription “Log in with Facebook” or “Connect with Facebook” or “Log in with Facebook” or “Sign in with Facebook”.
If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers.
The content of the plugin is transmitted directly to your browser by Facebook and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page on our website, even if you do not have a Facebook profile or are not currently logged in to Facebook.
This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there.
These data processing operations are carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on Facebook's legitimate interest in displaying personalized advertising based on surfing behavior.
By using this “Facebook Connect” button on our website, you also have the opportunity to log in or register on our website using your Facebook user data.
Only if you give your express consent in accordance with Art. 6 Para. 1 lit. Depending on your personal data protection settings on Facebook, the general and publicly accessible information stored in your profile.
This information includes user ID, name, profile picture, age and gender.
We would like to point out that following changes to Facebook's data protection conditions and terms of use, your profile pictures, your friends' user IDs and your friends list may also be transferred when you give your consent if they are marked as "public" in your privacy settings on Facebook became.
The data transmitted by Facebook will be stored and processed by us to create a user account with the necessary data, if you have approved it for this purpose on Facebook (title, first name, last name, address details, country, email address, date of birth). Conversely, based on your consent, we can transfer data (e.g. information about your surfing or purchasing behavior) to your Facebook profile.
The consent given can be revoked at any time by sending a message to the person responsible named at the beginning of this declaration.
Facebook Inc., based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook's data protection information: http://www.facebook.com/policy.php
If you do not want Facebook to directly assign the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website.
You can also completely prevent the Facebook plugins from loading with add-ons for your browser, e.g. with “Adblock Plus” (https://adblockplus.org/de/).
6.2 Google+ Sign-In
On our website you can create a customer account or register using the social plugin “Google+ Sign-In” of the social network Google+, which is provided by Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google+ “) is operated as part of the so-called single sign-on technology if you have a Google+ profile.
You can recognize the “Google+ Sign-In” or “Register with Google” social plugins on our website by a red button with the Google+ logo and the inscription “Google Sign-In” or “Register with Google” or “ Sign in with Google” or “Log in with G”.
If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Google+ servers.
The content of the plugin is transmitted directly to your browser by Google+ and integrated into the page.
Through this integration, Google+ receives the information that your browser has accessed the corresponding page on our website, even if you do not have a Google+ profile or are not currently logged in to Google+.
This information (including your IP address) is transmitted from your browser directly to a Google+ server in the USA and stored there.
These data processing operations are carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR on the basis of Google's legitimate interest in displaying personalized advertising based on surfing behavior.
By using this Google+ button on our website, you also have the opportunity to log in or register on our website using your Google+ user data.
Only if you give your express consent in accordance with Art. 6 Para. 1 lit. a GDPR before the registration process based on a corresponding notice about the exchange of data with Google, we will receive information from Google+ when you use the Google+ button, depending on yours Personal data protection settings on Google+, the general and publicly accessible information stored in your profile.
This information includes the user ID, name, profile picture, age and gender.
We would like to point out that after changes to the data protection conditions and terms of use of Google+, if you give your consent, your profile pictures, the user IDs of your friends and the friends list may also be transferred if they are marked as “public” in your privacy settings on Google+ became.
The data transmitted by Google+ will be stored and processed by us to create a user account with the necessary data, if you have approved it for this purpose on Google+ (title, first name, last name, address details, country, email address, date of birth).
Conversely, based on your consent, we can transfer data (e.g. information about your surfing or purchasing behavior) to your Google+ profile.
The consent given can be revoked at any time by sending a message to the person responsible named at the beginning of this declaration.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
The purpose and scope of data collection and the further processing and use of the data by Google+ as well as your related rights and setting options to protect your privacy can be found in the Google+ data protection information: https://www.google.de/intl/de/policies/privacy /
You can view the terms of use for the use of “Google+ Sign-In” or “Register with Google” here: https://www.google.de/intl/de/policies/terms/regional.html
If you do not want Google+ to directly assign the data collected via our website to your Google+ profile, you must log out of Google+ before visiting our website.
You can also completely prevent the Google+ plugins from loading with add-ons for your browser, e.g. with “Adblock Plus” (https://adblockplus.org/de/).
7) Comment function
As part of the comment function on this website, in addition to your comment, information about the time the comment was created and the commenter name you chose are saved and published on the website.
Furthermore, your IP address is logged and stored. The IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content through a comment made.
We need your email address to contact you if a third party should complain that your published content is illegal.
The legal basis for storing your data is Article 6 Paragraph 1 Letters b and f GDPR.
We reserve the right to delete comments if they are criticized by third parties as being unlawful.
8) Use of your data for direct advertising
Sign up for our email newsletter
If you sign up for our email newsletter, we will regularly send you information about our offers.
The only mandatory information for sending the newsletter is your email address.
Providing any further data is voluntary and is used to address you personally.
We use the so-called double opt-in procedure to send the newsletter.
This means that we will only send you an email newsletter if you have expressly confirmed to us that you consent to the newsletter being sent.
We will then send you a confirmation email asking you to confirm that you would like to receive future newsletters by clicking on a corresponding link.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Para. 1 lit. a GDPR.
When you register for the newsletter, we save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date.
The data we collect when you register for the newsletter will be used exclusively for advertising purposes via the newsletter.
You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a message to the person responsible mentioned at the beginning.
Once you have unsubscribed, your email address will be deleted immediately from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is permitted by law and about which we inform you in this declaration inform.
9) Data processing for order processing
9.1 The personal data we collect will be passed on to the transport company commissioned with the delivery as part of the contract processing, to the extent that this is necessary to deliver the goods.
We pass on your payment data to the commissioned credit institution as part of payment processing, provided this is necessary for payment processing.
If payment service providers are used, we will provide explicit information about this below. The legal basis for passing on the data is Article 6 Paragraph 1 Letter b GDPR.
9.2 Use of payment service providers (payment service providers)
– Klarna
If you select the payment method “Klarna purchase on account” or (if offered) the payment method “Klarna installment purchase”, payment is processed via Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). In order to enable payment to be processed, your personal data (first and last name, street, house number, zip code, city, gender, email address, telephone number and IP address) as well as data relating to the order are used (e.g. invoice amount, item, delivery type) will be passed on to Klarna for the purpose of identity and creditworthiness checks, provided you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a GDPR as part of the ordering process. You can see which credit agencies your data can be forwarded to here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report can contain probability values (so-called score values). To the extent that score values are included in the results of the credit report, they are based on a scientifically recognized mathematical-statistical procedure.
The calculation of the score values includes, but is not limited to, address data. Klarna uses the information received about the statistical probability of a payment default to make a balanced decision about the establishment, implementation or termination of the contractual relationship.
You can revoke your consent at any time by sending a message to the person responsible for data processing or to Klarna. However, Klarna may still be entitled to process your personal data if this is necessary for contractual payment processing.
Your personal information will be used in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for those affected based in Germany https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf
or for those affected based in Austria https://cdn.klarna.com/1.0/shared/content/policy/data/de_at/data_protection.pdf
treated.
– Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. as part of the payment processing. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment in installments” via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on PayPal's legitimate interest in determining your ability to pay.
PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report can contain probability values (so-called score values).
To the extent that score values are included in the results of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Further data protection information, including information about the credit agencies used, can be found in PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal.
However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
- IMMEDIATELY
If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”), to whom we will send the information you provided during the ordering process, along with the information about your order in accordance with Art. 6 Paragraph 1 Letter b GDPR.
Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). Your data will be passed on exclusively for the purpose of processing payments with the payment service provider SOFORT and only to the extent that it is necessary for this purpose. You can find further information about SOFORT's data protection regulations at the following internet address: https://www.klarna.com/sofort/datenschutz
– Stripe
If you choose a payment method from the payment service provider Stripe, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland, to whom we will send the information you provided during the ordering process along with the information about Pass on your order (name, address, account number, bank sort code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 Para. 1 lit. b GDPR.
Your data will be passed on exclusively for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent that it is necessary for this purpose. Further information about Stripe's data protection can be found at the URL https://stripe.com/de/terms
9.3 Conducting credit checks
– Tesch mediafinanz GmbH
If we make advance payments (e.g. delivery on account), we reserve the right to carry out a credit check based on mathematical and statistical procedures in order to protect our legitimate interest in determining our customers' solvency. We transmit the personal data necessary for a credit check to the following service provider in accordance with Article 6 (1) (f) GDPR:
Tesch mediafinanz GmbH
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D-49084 Osnabrück
The credit report can contain probability values (so-called score values). To the extent that score values are included in the results of the credit report, they are based on a scientifically recognized mathematical-statistical procedure.
The calculation of the score values includes, but is not limited to, address data. We use the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the establishment, implementation or termination of a contractual relationship.
You can object to this processing of your data at any time by sending a message to the person responsible for data processing or to the aforementioned credit agency.
However, we may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
10) Use of social media: Social plugins
Facebook as standard plugin
Our website uses so-called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”). The plugins are marked with a Facebook logo or the addition “Social Plug-in from Facebook” or “Facebook Social Plugin”. You can find an overview of the Facebook plugins and their appearance here: https://developers.facebook.com/docs/plugins
If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers.
The content of the plugin is transmitted directly to your browser by Facebook and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page on our website, even if you do not have a Facebook profile or are not currently logged in to Facebook.
This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook profile.
If you interact with the plugins, for example by clicking the “Like” button or making a comment, this information will also be transmitted directly to a Facebook server and stored there. The information will also be published on your Facebook profile and displayed to your Facebook friends.
The data processing operations described are carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR on the basis of Facebook's legitimate interests in displaying personalized advertising in order to inform other users of the social network about your activities on our website and to tailor the service to your needs.
If you do not want Facebook to directly assign the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website.
You can also object to the loading of the Facebook plugins and thus the data processing operations described above with add-ons for your browser in the future, e.g. with the script blocker “NoScript” (http://noscript.net/).
Facebook Inc., based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook's data protection information:
https://www.facebook.com/policy.php
11) Online Marketing
11.1 Google AdSense
This website uses Google AdSense, a web advertising service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google AdSense uses so-called “DoubleClick DART cookies” (“cookies”). These are text files that are stored on your computer and allow your use of the website to be analyzed.
In addition, Google AdSense also uses so-called “web beacons” (small invisible graphics) to collect information. Simple actions such as visitor traffic on the website can be recorded, collected and evaluated.
The information generated by the cookie and/or web beacon (including your IP address) about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google uses the information obtained in this way to evaluate your usage behavior with regard to the AdSense advertisements. The IP address transmitted by your browser as part of Google AdSense is not combined with other Google data.
The information collected by Google may be transferred to third parties if this is required by law and/or if third parties process this data on behalf of Google.
The described processing of data is carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR for the purpose of targeted advertising targeting of the user by advertising third parties whose advertisements are displayed on this website based on the evaluated user behavior. At the same time, the processing serves our financial interest in exploiting the economic potential of our website by displaying personalized third-party advertising content for a fee.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
You can find further information about Google's data protection regulations at the following internet address: https://www.google.de/policies/privacy/
You can permanently deactivate cookies for ad preferences by preventing them by setting your browser software accordingly or by downloading and installing the browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=de
Please note that certain functions of this website may not be possible or may only be used to a limited extent if you have deactivated the use of cookies.
11.2 Use of Google AdWords conversion tracking
This website uses the online advertising program “Google AdWords” and, as part of Google AdWords, conversion tracking from Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). We use Google Adwords to draw attention to our attractive offers on external websites using advertising materials (so-called Google Adwords). We can determine how successful the individual advertising measures are in relation to the data from the advertising campaigns. Our interest is to show you advertising that is of interest to you, to make our website more interesting for you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set when a user clicks on an AdWords ad placed by Google. Cookies are small text files that are stored on your computer system. These cookies usually expire after 30 days and are not used for personal identification. If the user visits certain pages on this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page.
Each Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information collected using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking.
Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that can be used to personally identify users. If you do not want to participate in tracking, you can block this use by deactivating the Google conversion tracking cookie via your Internet browser under user settings.
You will then not be included in the conversion tracking statistics.
We use Google Adwords based on our legitimate interest in targeted advertising in accordance with Article 6 (1) (f) GDPR.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
You can find further information about Google's data protection regulations at the following internet address: https//www.google.de/policies/privacy/
You can permanently deactivate cookies for ad preferences by preventing them by setting your browser software accordingly or by downloading and installing the browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=de
Please note that certain functions of this website may not be possible or may only be used to a limited extent if you have deactivated the use of cookies.
12) Tools and miscellaneous
12.1 Google reCAPTCHA
On this website we also use the reCAPTCHA function from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).
This function is primarily used to distinguish whether an entry is made by a natural person or whether it is improperly processed through machine and automated processing.
The service includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in determining the individual will of actions Internet and the prevention of misuse and spam.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
You can view further information about Google reCAPTCHA and Google's privacy policy at: https://www.google.com/intl/de/policies/privacy/
12.2 Google Maps
On our website we use Google Maps (API) from Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Maps is a web service for displaying interactive (land) maps to visually display geographical information.
By using this service, our location will be displayed to you and any journey will be made easier.
When you access the sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers in the USA and stored there.
This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account.
If you do not want your profile to be associated with Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 Para. 1 lit.f GDPR on the basis of Google's legitimate interests in the display of personalized advertising, market research and/or the needs-based design of its website.
You have the right to object to the creation of these user profiles; to exercise this you must contact Google.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
If you do not agree to the future transmission of your data to Google when using Google Maps, you also have the option of completely deactivating the Google Maps web service by turning off the JavaScript application in your browser.
Google Maps and therefore the map display on this website cannot then be used.
You can view Google's terms of use at https://www.google.de/intl/de/policies/terms/regional.html; you can find the additional terms of use for Google Maps at https://www.google.com/intl /de_US/help/terms_maps.html
Detailed information on data protection in connection with the use of Google Maps can be found on the Google website (“Google Privacy Policy”): https://www.google.de/intl/de/policies/privacy/
13) Rights of the person concerned
13.1 Applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible for the processing of your personal data, about which we will inform you below:
- Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing affecting you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is forwarded to third countries;
- Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of incomplete data stored by us;
- Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Paragraph 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data that you dispute is verified, if you reject deletion of your data due to unlawful data processing and instead request the restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons relating to your particular situation as long as it is not yet clear whether our legitimate reasons outweigh;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed, this rectification or deletion of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR: You have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible, if this is technically feasible ;
- Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation;
- Right to complain in accordance with Art. 77 GDPR: If you are of the opinion that the processing of personal data concerning you violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your place of work or the place of the alleged infringement.
13.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCE OF INTERESTS BASED ON OUR OVERWHELMING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN PROVE COMPLEX REASONS FOR THE PROCESSING THAT ARE DESIGNED TO BE PROTECTED, WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE YOUR OPT-OUT AS DESCRIBED ABOVE.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.
14) Duration of storage of personal data
The duration of storage of personal data is determined based on the respective legal retention period (e.g. commercial and tax retention periods). After the deadline has expired, the relevant data will be routinely deleted unless it is no longer required to fulfill or initiate the contract and/or we have no legitimate interest in continuing to store it.