Information in accordance with section 5 TMG
MISETHO UG (haftungsbeschraenkt)
Friedenssiedlung 04509 Delitzsch
Phone: +49 (0)3 42 02 / 87 80 54
Responsible for the content according to § 55 para. 2 rstv
MISETHO UG (haftungsbeschraenkt)
Friedenssiedlung 04509 Delitzsch
creative and technical conception and implementation:
Online Dispute Resolution in acc. article 14 para. 1 ODR-VO The European Commission provides an online dispute resolution (OS) platform, available at http://ec.europa.eu/consumers/odr .
A Area of application
The following terms of business are valid for all contractual relations between us and the principal, in particular for participation in fee-based webinars or for registration to participate in seminars.
The contractual language is German.
B Object of the contract
The general terms of business for services of MISETHO UG – including brands such as Investorschule – are a part of all offers, appointments, arrangements, confirmations of order and contracts. They regulate the performance of any training and consultation services. Type, extent and conditions for the fulfilment of the contractual services are numbered in the respective offer description. The offer description can be published by letter, email or on the website www.investorschule.de. The contracting partners are MISETHO UG (limited liability) as well as the person registered for the training and consultation service – hereinafter referred to as the principal.
MISETHO UG (limited liability) renders all training and consultation services carefully and according to the customary quality standards for consultation services. Regarding the use, application and implementation of the training and consultation results, the principal (principal) bears the sole responsibility.
Possible errors and defects in the training and consultation services that have undubitably been caused by MISETHO UG (limited liability) will be corrected by MISETHO UG (limited liability) at their own expense. This correction includes the conclusive changing of reports and statements and, to the extent necessary, the leading of conversations. Further compensation claims are expressly excluded.
Webinars and online training sessions are made available directly in the browser via streaming and cannot be stored on a data carrier or downloaded. The reproduction of recorded webinars or videos occurs by means of an HTML5 or Adobe Flash video player. This depends on the terminal (laptop, PC, smartphone, tablet) and system configuration (operating system, browser).
- Windows® 7 or higher
- internet connection ≥ DSL6000
- Skype or landline
- Mozilla Firefox 25.0 or higher
- Microsoft Internet Explorer 10.0 or higher
- Google Chrome 30.0 or higher
If problems still occur, you should check whether perhaps “Add-Ons” or “Plugins” (extensions, such as for example Real Player, VLC Player, QuickTime Player, etc.) are installed in your browser. These can potentially cause a disturbance in the reproduction. If you are using a slightly older operating system, such as Windows XP, please check whether the latest version of Adobe Flash Player is installed.
Should the above measures provide no remedy despite all minimum requirements being fulfilled, please make your enquiry using the contact form. Here, please specify which operating system you use, which browser you use and the version of the browser.
MISETHO UG (limited liability) treats all company and personal data collected in connection with its activity absolutely confidentially. It is not transmitted to third parties without the written consent of the principal. However, the naming of the principal’s name is permitted for the purpose of a general reference. In this case, as a rule, a verbal agreement is made.
If personal data is determined within the scope of orders, MISETHO UG (limited liability) regards the respective individual(s) as the only authorized recipient of this information, no matter who has given the order. Deviation from this approach is permitted if a different approach is sensible for and explicitly agreed upon by all partners in a recognizable manner. If the people concerned have been informed of the deviating action beforehand, and they make no contradiction, this approach is accepted as valid.
With the placing of the order, every principal undertakes to maintain outward silence regarding any and all information made known to him or her within the scope of the training and consultation service.
E Data protection clause
The principal assures MISETHO UG (limited liability) on the one hand that all data necessary for the ordering and fulfillment of the order will be provided truthfully and completely, and on the other hand, to inform MISETHO UG (limited liability) of any changes in a timely manner. Concerning the data protection, the legal regulations apply, in particular the data protection act.
As soon as a business relationship is established, MISETHO UG (limited liability) is entitled to internally save data related to the principal, which may also be personal, concerning the admission and realization of the business relationship according to §28 of the “Bundesdatenschutzgesetz”, to use for the processing of the order and for internal purposes, and to be permitted to transmit this data to vicarious agents.
F Prices and payment
The quoted prices are gross prices and are understood to include the respective valid legal sales tax. If sales tax is not calculated in terms of §19 paragraph 1 UStG, this will be pointed out separately in the corresponding invoice.
The payment occurs by transfer or PayPal.
All services must be paid in advance. The invoicing occurs by email. Unless expressly agreed otherwise, the principal undertakes to transfer the invoice amount to be paid immediately upon receipt of the invoice. Unless expressly agreed otherwise, the fees of the individual order confirmation are valid. In addition to the fees, unless expressly agreed otherwise, the following items are also incurred:
- reasonable travel, food and lodging costs
- third-party costs necessary for the order fulfilment
All costs exceeding the fee are calculated upon verification. For all costs, the principle of commensurability is valid.
An order shall be deemed issued if
- there is a written order confirmation – sent by post or email – or appointment reservation
- or an application form – electronically or in writing – was completed and sent by the client and a registration / order confirmation – electronically or in writing – was carried out by MISETHO UG (limited liability).
- or the agreed (down) payment has been made.
H Annulment of orders by the principal
If the principal withdraws from his order, he must pay MISETHO UG (limited liability) for the already performed efforts.
In addition, he or she owes MISETHO UG (limited liability) compensation for the lost revenue, which depends on the time of the order placement and the time of the resignation. This compensation becomes due no matter whether MISETHO UG (limited liability) succeeds in completing another order in the period in question or not. According to § 309 clause 5 BGB, the principal has the right to prove that less damage has been caused.
If the placing of the order has occurred 3 months or more before the defined start date of the order, the following payments become due:
- 25% if annulment occurs 100 – 91 days before.
- 50% if annulment occurs 90 – 61 days before.
- 75% if annulment occurs 60 – 31 days before.
- 100% if annulment occurs 30 days before or less.
The stated payment obligations for annulment by the principal also apply if MISETHO UG (limited liability) cannot carry out an order because the principal has not rendered services or has not fulfilled requirements that were necessary for MISETHO UG (limited liability) to fulfil the order (e.g. delivery of data, seminar participants are not present or only in a number that renders the realization of a seminar in the originally intended manner impossible).
If it is possible to mutually agree upon a alternate date for the fulfilment within 60 days, these payment obligations are cancelled. Occurred payments can be settled for an order of the same kind, if this occurs within 60 days after the cancelled order.
I Annulment of orders by MISETHO UG (limited liability)
If orders cannot be fulfilled, or cannot be fulfilled in a timely manner, due to unavoidable reasons, such as:
- force majeure
- illness of the person carrying out the order
- failure of transportation means
the principal can assert no compensation.
In such cases, MISETHO UG undertakes to fulfil the order as far as possible using an equally competent person or – should this not be possible or not be desired by the principal – to make it up at the next possible date.
J Intellectual property
For the fulfilment of the commercial purposes, MISETHO UG (limited liability) uses generally accessible technical and method knowledge. In addition, knowledge from other sources as well as self-developed or further-developed knowledge from the person fulfilling the order can be called upon.
If foreign technical and method knowledge is used, this is declared in the sense of a quotation. Furthermore, a suitable arrangement regarding the use can be made between MISETHO UG (limited liability) and the owner of the copyright.
MISETHO UG (limited liability) claims the copyright to all documents provided. This excludes elements based on foreign sources and declared as such.
Commercial and or non-commercial use of documents of MISETHO UG (limited liability) is permitted only with the explicit consent of MISETHO UG (limited liability). This consent can be given only by written declaration on the part of MISETHO UG (limited liability).
K Disclaimer of liability
The training and consultation services and the information provided do not represent any kind of investment of financing advise or any kind of recommendation to purchase financial investments of any kind. The analyses, techniques and methods shown exclusively serve information purposes and represent neither an individual investment recommendation nor an offer for the purchase or sale of securities or other financial instruments.
An investment decision may not occur based on the contents provided by MISETHO UG (limited liability). These are only intended to facilitate an independent decision made by the principal. In no way do they replace an investor-, investment- and financing-appropriate consultation according to the current law regulations.
The risks in security trading are expressly pointed out. Every investment in securities or tangible assets, no matter what kind, is subject to risks, up to and including the total loss of the capital used. In financing transaction, one must reckon with additional contribution obligations that may exceed the original capital expenditure. This is also valid in the case of real estate financing.
L Cancellation instructions for consumers
The consumers are entitled to a cancellation right according to the following specifications. A consumer is every natural person who concludes a legal transaction for purposes that cannot predominantly be attributed either to their commercial or their independent professional activity:
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period amounts to fourteen days from the day of the completion of the contract. To exercise your cancellation right, you must inform MISETHO UG (limited liability) (Friedenssiedlung 36, 04509 Delitzsch, phone: +49 (0)3 42 02/ 87 80 54, email: firstname.lastname@example.org) of your decision to revoke this contract by means of an unequivocal formless declaration (e.g. a letter sent by post or email).
To preserve the cancellation period, it is sufficient to send the communication about the exercising of the cancellation right before the end of the cancellation period.
Consequences of the cancellation:
If you revoke this contract, MISETHO UG (limited liability) must pay you back all payments that we have received from you, including the delivery costs (with the exception of additional costs that have arisen as a result of you choosing a type of delivery other than the cheapest standard delivery offered by MISETHO UG [limited liability]), immediately and at the latest within fourteen days from the day on which the communication about your cancellation of this contract with MISETHO UG (limited liability) was received. For this repayment, MISETHO UG (limited liability) uses the same method of payment that you used for the original transaction, unless something else was expressly agreed with you. In no case will you be charged a fee because of this repayment.
If you have required that the services should begin during the cancellation term, you must pay us an adequate amount that corresponds to the portion of already rendered services in comparison to the total extent of services specified in the contract up until the point at which you communicated to us the exercising of this cancellation right regarding this contract.
End of the cancellation instructions.
M Other arrangements
The reference to the general terms and conditions on the Internet is deemed equivalent to the postal delivery thereof, no matter whether this reference has taken place via mail, email or in any other way electronically. Without explicit notice to the contrary by the addressee, the notice of the general terms and conditions on the Internet is valid as having occurred. Should the notice on the Internet not be possible for any reason, the addressee is obliged to inform MISETHO UG (limited liability) of this, so that MISETHO UG (limited liability) can deliver the general terms and conditions in printed form.
Exclusively German law is applicable.
Exclusive place of jurisdiction is Delitzsch.
The valid address is:
MISETHO UG (limited liability)
N Severability clause
If single formulations and/or parts of these general terms and conditions no longer or no longer completely correspond to the valid legal situation, the remaining parts of these general terms and conditions shall remain unaffected by this.
O Risk disclosure for trading with securities
Stock market transactions are associated with considerable risks. Anyone who trades on the financial and commodities markets must first independently acquaint themselves with the risks. The information represents no invitation to trade on the financial and commodities markets. Published information serves exclusively for illustration and further education purposes.
On no account do any publications assert a claim to completeness and infallibility.
MISETHO UG (limited liability) assumes no responsibility for possible losses arising due to stock market transactions made by the principal or persons who inform themselves on www.investorschule.de or from other editorial publications by MISETHO UG (limited liability).
MISETHO UG (limited liability) is not liable for damages – with the exception of injuries to life, body or health – that are based merely on a negligent breach of duty by MISETHO UG (limited liability) or merely on a negligent breach of duty by one of its legal representatives or vicarious agents.
In particular, MISETHO UG (limited liability), at this point, refers to the especially high risk when trading with option certificates, derivatives and derivative financial instruments. Trading with option certificates or derivatives are financial futures transactions. The considerable chances are counteracted by corresponding risks including and up to total loss and an additional payment liability.
Principals or people who inform themselves on www.investorschule.de or by means of other feature articles by MISETHO UG (limited liability) nonetheless act at their own risk.
P liability for force majeure
MISETHO UG (limited liability) is not liable for damages that can be traced back to force majeure, turmoil, war or natural events and/or other incidents that cannot be represented by MISETHO UG (limited liability) (among other things, strike, lockout, traffic disruptions, decrees by higher authorities at home or in foreign countries) and/or not culpably caused, technical disturbances (such as, for example, the EDP system). Computer viruses or deliberate attacks on EDP systems by “hackers” are also deemed a force majeure, provided that in each case adequate protective arrangements were made against this.
Q dispute resolution
The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/ [external link]. Since we would rather clarify your concerns directly with you, we do not take part in consumer arbitration. Please contact us directly with questions and problems. Our contact details can be found in the terms [link] of our website.
Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this context, please note that we are accordingly not obliged to monitor merely the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per §§ 8 to 10 of the Telemedia Act (TMG).
Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law (§ 44a et seq. of the copyright law), every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable (§ 106 of the copyright law).
Reference: http://www.muster-vorlagen.net (http://www.muster-vorlagen.net)
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Firma. The use of the Internet pages of the Firma is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Firma. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Firma has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Firma is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
MISETHO UG (limited liability)
Phone: +49 (0)3 42 02/ 87 80 54
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
- Collection of general data and information
The website of the Firma collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Firma does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Firma analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
- Subscription to our newsletters
On the website of the Firma, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Firma informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the Firma contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Firma may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Firma automatically regards a withdrawal from the receipt of the newsletter as a revocation.
- Contact possibility via the website
The website of the Firma contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
- Comments function in the blog on the website
The Firma offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.
- Subscription to comments in the blog on the website
The comments made in the blog of the Firma may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.
If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.
- Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the data subject
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
- b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
- c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Firma, he or she may, at any time, contact any employee of the controller. An employee of Firma shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Firma will arrange the necessary measures in individual cases.
- e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Firma, he or she may at any time contact any employee of the controller. The employee of the Firma will arrange the restriction of the processing.
- f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Firma.
- g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Firma shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Firma processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Firma to the processing for direct marketing purposes, the Firma will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Firma for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Firma. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Firma shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Firma.
- i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Firma.
- Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
- Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
- Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
- Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
- Payment Method: Data protection provisions about the use of PayPal as a payment processor
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject chooses “PayPal” as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.
The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.
The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
- Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
- The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
According to the Federal Data Protection Act, you have a right to free-of-charge information about your stored data, and possibly entitlement to correction, blocking or deletion of such data. Inquiries can be directed to the following email addresses: email@example.com
Reference: German Association for Data Protection, Facebook Disclaimer, Google Analytics Terms, eRecht24 Datenschutzerklärung Google Adsense, Datenschutzerklärung Google +1, Datenschutzerklärung für Twitter