This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile. (hereinafter jointly referred to as "online offer"). With regard to the terms used, e.g. "processing" or "responsible person", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
ecolaw.de Gesellschaft für Datensicherheit & Datenschutz mbH
represented by the Managing Director Mr Florian König
Roseggerstraße 1, D-38440 Wolfsburg
Tel. +49 (0)5361 27 29 293
Fax +49 (0)5361 27 29 296
Datenschutz (a) ecolaw.de www.ecolaw.de
registered in the Commercial Register of the Braunschweig District Court under HRB 203444
TYPES OF DATA PROCESSED
- inventory data (e.g., names, addresses).
- Contact data (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., visited websites, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
PURPOSE OF THE PROCESSING
- Provision of the online offer, its functions and contents.
- Answering of contact requests and communication with users.
- security measures.
- Range measurement/Marketing
"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable 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 (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data.
controller" shall mean 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
RELEVANT CONTRACTUAL DOCUMENTS
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Abs. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and carrying out contractual measures and answering enquiries is Art. 6 Abs. 1 lit. b DSGVO, the legal basis for processing for the fulfilment of our legal obligations is Art. 6 Abs. 1 lit. c DSGVO, and the legal basis for processing to safeguard our legitimate interests is Art. 6 Abs. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Abs serves as the legal basis. 1 lit. d DSGVO as legal basis
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
COOPERATION WITH PROCESSORS AND THIRD PARTIES
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, in accordance with Art. 6 Abs. 1 lit. b DSGVO is required for the fulfilment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 DSGVO.
TRANSMISSIONS TO THIRD COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
RIGHTS OF THE PERSONS CONCERNED
You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
You have accordingly. Art. 16 DPA, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.
You have the right to demand that the data concerning you which you have made available to us be received in accordance with Art. 20 DSGVO and to demand that it be passed on to other responsible parties.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
RIGHT OF REFUSAL
You have the right to withdraw any consent you may have given in accordance with Art. 7 Abs. 3 DSGVO with effect for the future
RIGHT OF OBJECTION
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.
COOKIES AND RIGHT OF OBJECTION FOR DIRECT ADVERTISING
"Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login jam can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if users visit the site after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
DELETION OF DATA
The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the storage is in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 No. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 Abs. 1 No. 2 and 3, Abs. 4 HGB (commercial letters).
According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 Abs. 1 BAO (accounting documents, vouchers / invoices, accounts, receipts, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years in connection with documents relating to electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Additionally we process
- contract data (e.g., subject matter of the contract, duration, customer category).
- payment data (e.g., bank details, payment history)
of our customers, interested parties and business partners for the purpose of providing contractual services, Service and customer care, marketing, advertising and market research.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services which we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Abs. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).
COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, raise on the basis of our legitimate interests in the sense of Art. 6 Abs. 1 lit. f. DSGVO collects data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited site), IP address and the requesting provider.
log file information is stored for a maximum of 7 days for security reasons (e.g. to clarify misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
ORDER PROCESSING IN THE ONLINESHOP AND CUSTOMER ACCOUNT
We process the data of our customers in the context of the order procedures in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the operation of an online shop, billing, delivery and customer services. For this purpose, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
The processing takes place on the basis of Art. 6 Abs. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as required is required to justify and fulfil the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permissions and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. on customer request for delivery or payment).
Users can optionally create a user account, in particular by viewing their orders. Within the scope of registration, the required mandatory data will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data relating to the user account will be deleted, subject to their safekeeping is required for reasons of commercial or tax law in accordance with Art. 6 Abs. 1 lit. c DSGVO is necessary. Data in the customer account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.
Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's need for protection against misuse and other unauthorized use. This data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Abs. 1 lit. c DSGVO.
Deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) storage obligation).
DATA PROTECTION INFORMATION IN THE APPLICATION PROCEDURE
We process the applicant data only for the purpose and within the scope of the application procedure in accordance with the legal requirements. The processing of applicant data is carried out to fulfil our (pre-)contractual obligations within the framework of the application procedure in accordance with Art. 6 Abs. 1 lit. b. DSGVO Art. 6 Abs. 1 lit. f. DSGVO if the data processing becomes necessary for us, e.g. within the framework of legal procedures (in Germany, § 26 BDSG applies additionally).
The application procedure requires that applicants provide us with their application data. If we offer an online form, the necessary applicant data are marked as such, otherwise they result from the job descriptions and basically include personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants can voluntarily provide us with additional information.
By submitting an application to us, applicants agree to the processing of their data for the purposes of the application procedure in accordance with the type and scope described in this data protection declaration.
As far as special categories of personal data within the meaning of Art. 9 Abs. 1 DSGVO, these data will also be processed in accordance with Art. 9 Abs. 2 lit. b DSGVO (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Abs. 1 DSGVO are requested from applicants in the context of the application procedure, their processing is also carried out in accordance with Art. 9 Abs. 2 lit. a DSGVO (e.g. health data if this is necessary for the exercise of the profession).
If provided, applicants can submit their applications to us by means of an online form on our website. The data will be transmitted to us in encrypted form according to the state of the art.
Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We can therefore not take any responsibility for the transmission path of the application between the sender and the receipt on our server and therefore recommend rather to use an online form or the postal dispatch. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post.
The data provided by the applicants can be processed by us for the purposes of the employment relationship if the application is successful. Otherwise, if the application for a job offer is not successful, the applicants' data will be deleted. Applicants' data is also deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation by the applicants, the data will be deleted after a period of six months so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
Users can optionally create a user account. During the registration process, the required mandatory data will be provided to the users. The data entered during registration is used for the purpose of using the offer. Users can be informed by e-mail about information relevant to the offer or registration, such as changes in the scope of the offer or technical circumstances. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their safekeeping for reasons of commercial or tax law in accordance with Art. 6 Abs. 1 lit. c DSGVO is necessary. It is the responsibility of the users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all user data stored during the term of the contract.
Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. This data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Abs. 1 lit. c DSGVO. The IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details will be used to process the contact request and its handling in accordance with Art. 6 Abs. 1 lit. b) DSGVO is processed. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.
We delete the enquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration to our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.
Germany: The dispatch of the newsletter and the associated measurement of success is based on the consent of the recipients according to Art. 6 Abs. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Abs. 2 No. 3 UWG or on the basis of the legal permission according to § 7 Abs. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Abs. 1 lit. f DSGVO. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of the users and also allows us to provide proof of consent.
Cancellation/revocation - You can cancel receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
NEWSLETTER - SHIPPING SERVICE PROVIDER
The newsletters are sent by means of the dispatch service "Evalanche", a newsletter dispatch platform of the German provider SC-Networks GmbH. The dispatch service provider is chosen on the basis of our legitimate interests according to article 6 Abs. 1 lit. f DSGVO and an order processing contract according to art. 28 Abs. 3 p. 1 DSGVO.
The mail-order service provider may use the recipient's data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
NEWSLETTER - PERFORMANCE MEASUREMENT
The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from the server of the latter. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymisation. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and relating to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on data use by Google, setting and objection options, can be found in the Google data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
Users' personal data will be deleted or anonymised after 14 months.
FACEBOOK-PIXEL, CUSTOM AUDIENCES AND FACEBOOK-CONVERSION
Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in analysis, optimization and economic operation of our online offer and for these purposes.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
On the one hand, the Facebook pixel enables Facebook to determine visitors to our online offering as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook Pixel to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offering or who exhibit certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of users and do not appear to be annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook Ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook Ad (so-called "conversion").
The processing of data by Facebook takes place within the framework of Facebook's Data Use Policy. Accordingly, general information on the display of Facebook Ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and its functionality can be found in the help section of Facebook: https://www.facebook.com/business/help/651294705016616.
You may object to the collection by the Facebook pixel and use of your data for the display of Facebook Ads. To control what types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions for usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, which means they apply to all devices, such as desktop computers or mobile devices.
ONLINE PRESENCE IN SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.
INTEGRATION OF SERVICES AND CONTENT OF THIRD PARTIES
We set within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Abs. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We endeavour to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain technical information about the browser and operating system, referring websites, visiting time and other details about the use of our online offer, as well as being linked to such information from other sources.
USE OF FACEBOOK SOCIAL PLUGINS
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Abs. 1 lit. f. DSGVO) Social Plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the words "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his or her device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. When users interact with the plugins, for example, by pressing the Like button or posting a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
. The purpose and scope of data collection and the further processing and use of data by Facebook, as well as the relevant rights and setting options to protect the privacy of users, can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/.
. If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
TERMS AND CONDITIONS
SALES AND DELIVERY CONDITIONS
FOR ABS-LAVIN AIRBAG SYSTEMS AND BAGS
ABS Protection GmbH offers occasional raffles and sweepstakes. Participation in these raffles/raffles is subject to the following general terms and conditions.
1st prize draw and organizer The organizer of the prize draw is ABS Protection GmbH, Gundelindenstraße 2, 80805 Munich / Germany (hereinafter "organizer"). Participation is based exclusively on the following conditions of participation. 2nd Participation a) Any natural person aged 18 or over and resident in Germany is eligible to participate. However, employees of the organizer and their direct relatives are excluded from participation. b) Participation in the lottery is only possible during the period of time described there. c) Participation is of course completely free of charge and does not require the purchase of a product or service. d) Participation in the competition is dependent on the complete fulfillment of the conditions described in detail within the competition. Only such participations can be considered within the competition. Incorrect information or incomplete entries cannot be considered. The organizer cannot be held responsible for late or incomplete entries. e) By participating in the respective lottery, the consenting person declares his agreement with these conditions of participation. 3. execution and handling a) The prize described in more detail within the specific competition will be raffled off among all valid entries. b) The promotion starts with the respective publication date and ends on the date stated in the competition. c) The winner will be drawn at the end of the competition and will be notified by e-mail; he/she must confirm receipt of the prize notification and the claiming of the prize within two weeks of notification of the prize using the contact channels specified within this notification. In the absence of such confirmation, the prize will be awarded to another participant in the prize draw. d) The claim to the prize shall also lapse if the prize cannot be claimed within four weeks of the first notification of the prize for reasons for which the winner is responsible. The prize will only be transmitted within Germany, Austria and Switzerland. If, after the winner has been drawn, it transpires that the winner does not have the necessary postal address as stated in the conditions of participation, the prize will be awarded to another participant in the competition. e) The claim to the prize cannot be assigned and is not transferable; furthermore, the prize is neither payable nor can it be supplemented or changed. Should the prize, for whatever reason, not be made available, the organizer reserves the right to award an equivalent substitute prize. 4. exclusion of participation a) In the event of a violation of these terms and conditions of participation, the organizer reserves the right to exclude participants from the competition. b) Furthermore, the organizer reserves the right to exclude participants who make use of unauthorized aids or otherwise gain advantages through manipulation, for example through collective or multiple participation. This is the case, for example, if automatic scripts, hacker tools, Trojans or viruses are used, or if a participant gains an advantage through other unauthorized means. Furthermore, untrue personal data and the use of "fake profiles" can lead to exclusion. In such cases, winnings may be subsequently withdrawn and/or reclaimed. 5. early termination or cancellation of the competition The organizer is entitled to cancel, suspend or modify the competition prematurely if unforeseen circumstances beyond the control of the organizer occur, which make the original implementation difficult or unreasonable for the organizer. This includes in particular, but not exclusively, the unauthorized intervention of third parties, technical problems with hardware and software that are beyond the control of the organizer, as well as infringements of rights that are directly related to the execution of the lottery, here in particular the manipulative intervention in the course of the lottery. 6 Facebook a) The competition is not connected to Facebook and is in no way sponsored, supported or organized by Facebook. b) Participants have no claims against Facebook arising from participation in the competition or from a prize in the competition. c) Enquiries and notices by participants should be directed exclusively to the organizer and not to Facebook. 7. twitter a) The competition is not connected to Twitter and is in no way sponsored, supported or organized by Twitter; the participant has no claims against Twitter. In this respect, the provisions of item 6. apply accordingly. b) Participants may not participate in the contest with more than one account. In particular, the creation of multiple accounts to allegedly increase the chances of winning is prohibited. 8. data protection The organizer collects and uses the personal data of the participants exclusively within the legally permissible framework. Details on the type and scope of data processing can be found in our detailed data protection declaration. The responsible body or responsible person in terms of the BDSG or DSGVO is the organizer of the competition: ABS Protection GmbH Gundelindenstraße 2 80805 München Germany If you participate in one of the organizer's competitions, the following personal data will be collected by the organizer: - First name and surname, as well as the corresponding form of address - date of birth - your postal address - your e-mail address These data will be used by the organizer exclusively to determine the winner, to check compliance with the conditions of participation, and to send the prize. The data processing is accordingly based on Art. 6 para. 1 letter b) DSGVO. In most cases, the prize will be sent directly by the partner; for this purpose, we must process this personal data and hand it over to the partner concerned. By participating, the participant agrees to this. The organizer will delete the winner's data if it is no longer necessary for these purposes. This is usually the case when the prize has been sent and the organizer is satisfied that it has arrived undamaged at the winner's address. Of course, every participant has the right to request information at any time about the data stored by the organizer regarding his person in accordance with Art. 15 DSGVO. The same applies to the deletion of the corresponding data from the organizer according to Art. 17 DSGVO, as well as the correction according to Art. 16 DSGVO and the blocking of data according to § 18 DSGVO. Furthermore, you may object to data processing which the organizer bases on Art. 6 para. 1 letter e or f DSGVO under the conditions of Art. 21 DSGVO. Of course you also have the right to complain about the processing of your data to the competent supervisory authority. You can find detailed information at any time at https://abs-airbag.com/pages/impressum-datenschutz#agbs. Of course you can also contact our data protection officer at any time - for example at email@example.com. 9 Liability of the organizer The following exclusions and limitations of liability apply to the liability of the organizer for damages, notwithstanding the other legal requirements for claims: a) The organizer is liable without limitation if the cause of the damage is based on intent or gross negligence. b) Furthermore, the organizer is liable for slightly negligently caused violations of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the lottery possible in the first place and on the compliance of which the contractual partners regularly rely. In such a case, however, the scope of liability for the organizer is limited to the foreseeable damage typical for the contract. c) The organizer shall not be liable for the slightly negligent breach of obligations other than those specified above. d) The limitations of liability specified shall not apply in the event of injury to life, body or health, for a defect after the assumption of guarantees of the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected. e) The exclusion or limitation of liability of the Organizer shall also apply to the personal liability of representatives and vicarious agents of the Organizer or its employees. 10. final provisions a) Legal recourse is excluded. b) The law of the Federal Republic of Germany applies, excluding private international law and the UN Convention on Contracts for the International Sale of Goods (CISG), which has been incorporated into German law. c) Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.
ABS PROTECTION GMBH
Tel.: +49 (0)89 898 789-0
Munich Local Court, Commercial Register No.: HR 57325 Munich, UID No.: DE 129276827
Managing Director: Dr. Stefan Mohr, Christian Mader
Liability for contents
The contents of our pages have been prepared with the greatest care. However, we cannot assume any liability for the correctness, completeness and topicality of the contents.
Liability for links
Despite careful control of the content, we do not assume any liability for the content of external links. The operators of the linked pages are solely responsible for the content of their pages.
GENERAL CONDITIONS FOR PARTICIPATION IN COMPETITIONS
FOR ABS-LAVIN AIRBAG SYSTEMS AND BAGS
1. the field of application and handling of our products ("ABS") is described in the brochure and the product information and instructions for use enclosed with each unit. We expressly point out that when reselling our products to consumers, it must be pointed out that our product does not prevent avalanche or snowboard descent and that the risks of descent are not changed by its use. This means that even with an ABS avalanche airbag, there is a danger to life in any avalanche.
When passing on or reselling the products, the customer is obliged to pass on the following instructions for use to his customers or the third party and to oblige them to comply with the product information and instructions for use and to commit third parties accordingly when passing on the product.
2. the customer undertakes to use ABS equipment for safety reasons only in ABS backpack models. The authorization is proven by the ABS logo on the carrying option. If the product is passed on or resold to third parties, the customer must also obligate the third party accordingly.
The customer further undertakes to comply with the following instructions for use and to pass on this obligation to third parties in the event of passing on or reselling the product: ABS cartridges may only be used in ABS tapping and filling systems. If used in third-party equipment, there is a risk of false triggering. Only original ABS cartridges may be used in ABS tapping and filling systems. If other cartridges are used, there is a risk of false triggering and system damage. In the event of non-compliance, we disclaim all warranty and product liability for damage resulting from such improper use.
4 Anyone who uses an ABS is obliged to comply with the instructions for use. If an ABS is passed on, the recipient is obliged to observe these instructions for use. If an ABS is stored, worn or prepared or used contrary to the instructions for use, the functionality of the ABS may be impaired. ABS is not liable for damage resulting from improper use and/or storage contrary to the instructions for use. If the customer fails to comply with the obligation of a third party with regard to compliance with and further obligation with regard to the instructions for use and instructions for use, the customer shall indemnify ABS against any claims of third parties.
5. the quality of the materials used for ABS and the type of processing were based on standard values from comparable requirement areas. These values form the requirement profile of the material and function test carried out by TÜV Produktservice GmbH as part of the GS mark test (tested safety) and in accordance with the PPE guidelines 89/686 EEC. Especially in avalanches forces and circumstances can occur which exceed these values. We therefore expressly point out that the ABS in its entirety and in individual areas (balloon material, fastening material, rucksack, bags, etc.) cannot withstand all possible loads that occur in connection with avalanches.
The manufacturers of the ABS are only liable for material within the scope of the values of the material and function test of TÜV Produktservice GmbH. This liability is expressly limited to undamaged, functional, non-modified ABS devices, ABS gas cartridges and accessories used in accordance with the instructions for use. If the product is defective, we must be given the opportunity to replace the goods delivered by us free of charge. If the subsequent performance fails, the customer can reduce the purchase price. ABS is liable in accordance with the statutory provisions for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by ABS or a legal representative or vicarious agent of ABS.
In addition, ABS is liable in accordance with the statutory provisions for other damages based on an intentional or grossly negligent breach of duty by ABS or a legal representative or vicarious agent of ABS.
ABS is also liable for damages resulting from a deliberate or negligent breach of essential contractual obligations.
Otherwise, ABS is not liable for damages; the customer has no further claims for damages or compensation for futile expenditure. The statutory product liability under the German Product Liability Act remains unaffected by this limitation of liability.
Complaints or notices of defects must be made in writing immediately - at the latest within 30 days - after receipt of the goods. This does not apply to hidden defects.
In the case of long periods of storage or use, the functional capability may be limited due to material fatigue. It is possible to have the ABS devices checked by the manufacturer for a fee and, if necessary, parts replaced so that the functional capability is then guaranteed again. The customer undertakes to expressly include this in his sales documents and, if applicable, his general terms and conditions of business and to ensure that third parties are obliged to pass on the ABS.
7 Our offers are subject to change without notice with regard to price, quantity, delivery times and delivery possibilities. Sale, delivery, packaging and performance are exclusively subject to our terms and conditions. We are not bound by the customer's terms and conditions, even if they are not expressly rejected by us or if the customer's terms and conditions stipulate that deviating terms and conditions of the supplier shall not apply or shall only apply after written acknowledgement. Our terms and conditions are acknowledged by the customer with the order and any conflicting terms and conditions are dropped. Supply contracts, amendments, supplements and ancillary agreements to the agreements made with our purchasers shall only become binding for us upon written confirmation. The customer cannot derive any claims against us from obvious mistakes of possible deviations in the catalog and illustrations, typing and calculation errors.
Our prices are valid ex works excluding packaging and plus the statutory value added tax applicable at the time, unless otherwise agreed in writing with the customer.
If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch of the goods to the customer. 8. The goods delivered by us shall remain our property until the invoice amount and all our claims arising from our business relationship, including all ancillary claims (in the case of payment by cheque or bill of exchange until the cheque or bill of exchange has been honoured) have been paid in full; this shall also apply in the case of their processing, blending and mixing with other goods in accordance with the following provisions. The customer is not entitled to pledge the goods delivered by us to third parties or to assign them as security. The customer is obliged to inform us immediately in the event of a seizure of the goods still in our ownership or of the claims assigned to us against his customers and to advance the costs of any intervention process; he must finally bear these costs if the opposing party does not reimburse them.
The customer is entitled to resell the purchased goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the invoice amount (including VAT) of our claim which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased goods have been resold without or after processing.
The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. We undertake, however, not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
The processing or alteration of the purchased item by the customer is always carried out for us. If the object of purchase is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of purchase (invoice amount including VAT) to the other processed objects at the time of processing. For the rest, the same shall apply to the object resulting from processing as to the object of sale delivered under reservation of title. If the object of sale is inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the object of sale (final invoice amount including VAT) to the other mixed objects at the time of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it shall be deemed to be agreed that the customer shall transfer proportional co-ownership to us. The customer shall hold the sole ownership or co-ownership thus created in safekeeping for us.
We undertake to release the securities to which we are entitled at the request of the orderer to the extent that the realizable value of our securities exceeds the claims to be secured by more than ten percent; the selection of the securities to be released shall be at our discretion.
The customer may only assert a set-off or a right of retention with undisputed or legally binding claims.
9. if individual provisions of these terms and conditions should be invalid or unenforceable, the parties shall immediately replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the purpose of the invalid or unenforceable provision. § 139 BGB is waived. Oral agreements have not been made. Changes or additions must be made in writing.
10 Exclusive place of jurisdiction and place of performance is Munich. The place of performance for any subsequent performance is also Munich.
German law shall apply to the exclusion of the UN Sales Convention.
The contract shall be governed exclusively by our General Terms and Conditions; other contractual terms and conditions shall not become part of the contract, even if we do not expressly object to them.
These terms and conditions of sale and delivery shall also apply to all future contracts with the customer.