Condition of use

General Terms and Conditions

Last updated: 1 May 2022

“PS-Connect” hereinafter refers to the following service (including all applications) by the operator of the service, Conscious Content GmbH & Co. KG.

A. General conditions for the use of the PS-Connect service

The PS-CONNECT service is provided via websites on the Internet (e.B. app.ps-connect.com) as well as under various subdomains and aliases of these domains and via mobile applications (so-called “apps”), background applications, web services and integrations into third-party sites (e.B. via iFrame). All websites, subdomains, aliases, mobile applications, background applications, web services and integrations in third-party sites on which PS-CONNECT is available offered by PS-CONNECT are hereinafter referred to as the “PS-CONNECT Entities”.

The applications of the PS-CONNECT service include, in particular, contact and communication forums (hereinafter referred to as “social network”).

These General Terms and Conditions for the Use of the PS-CONNECT Service govern the contractual relationship between the User and PS-CONNECT, regardless of which of the PS-CONNECT Entities the User uses PS-CONNECT services.

The General Terms and Conditions for the use of the PS-CONNECT service and any additional conditions for the use of individual applications are hereinafter referred to as “GTC”.

The contract is concluded with Conscious Content GmbH & Co. KG, Scheinerstr. 19, 81679 München. Further contact details, the commercial register data and the name of a person authorised to represent Conscious Content GmbH & Co. KG can be found in the imprint. 

1. Subject matter of the contract and basis for the use of PS-CONNECT

General

1.1 PS-CONNECT is a service whose purpose is to contribute to the improvement and simplification of the professional life of professional athletes through a variety of different applications.

1.2 Given the blurring of the boundaries between work and private life and the interactions between the two, PS-CONNECT does not focus exclusively on the professional context, but also includes applications in the private context.

1.3 In particular, PS-CONNECT aims to open up new possibilities for the user (mainly in a professional but also in a private context), to facilitate the formation of horizontal networks, to democratise information, to promote the exchange of information and to support lifelong learning. In order to fulfil these purposes, PS-CONNECT provides the user with certain information, offers, recommendations and services on the basis of collected data, among other things, and promotes interaction – within and outside the user’s network. This is done in accordance with any privacy settings and declarations of consent of the user.

1.4 The social network is the core application of the PS-CONNECT service. The profile page created by the user within the framework of the social network (hereinafter referred to as “user profile”) represents the identity with which the user appears and is represented within the PS-CONNECT service, on the PS-CONNECT entities and in the applications of the service. In principle, a user profile visible in the social network and outside is required for the use of PS-CONNECT.

Social Network

1.5 The social network offers the user various possibilities to present himself with his own user profile and with his activities on the PS-CONNECT entities and outside and to interact with other users and third parties in real time. The full effect of the social network can only be achieved if the user profile can also be called up for non-users and findability in search engines, which is why this external retrieval and findability of the user profile is preset.

1.6 A user who registers for the social network acquires a free membership in the social network (hereinafter referred to as “free membership”).

2. Conditions of use, conclusion of contract and assurances upon conclusion of contract

General

2.1 If the user uses an application of the PS-CONNECT service that can also be used by users without a user profile visible in the social network, a user account will be created for the user if such an account does not yet exist. This establishes the contract for the use of PS-CONNECT between the user and PS-CONNECT. The user account is a user profile that is initially not visible in the social network. Under his user account, the user can initially only use those applications of the PS-CONNECT service that can also be used without a user profile visible in the social network. If the user wishes to use applications of the PS-CONNECT service for which a user profile visible in the social network is required, he must first confirm or release the visibility of his user profile in the social network.

2.2 The possibility of using the applications offered on the PS-CONNECT Entities does not constitute an offer, but only an invitation to submit an offer. By completing the process, the user submits an offer to conclude the contract for the use of the corresponding PS-CONNECT application. PS-CONNECT accepts this offer of the user by providing the corresponding services. The contract between the user and PS-CONNECT is only concluded upon this acceptance. PS-CONNECT is not obliged to conclude a contract.

2.3 The user assures that all data provided by him are true and complete. The user is obliged to keep the data true and complete with regard to all applications used by him during the entire term of the contract. In the event that PS-CONNECT Customer Service makes manual changes to the User’s data on behalf of the User, PS-CONNECT reserves the right to charge the User for any resulting costs incurred by PS-CONNECT to the User to the extent that the User is responsible for the event triggering costs.

2.4 The user assures that his information is true. In the event that the User acts for a legal entity within the framework of certain applications, the User warrants to be authorized to act on behalf of the legal entity. Upon request, the user shall provide PS-CONNECT with proof of the information guaranteed in accordance with this section.

2.5 PS-CONNECT cannot technically determine with certainty whether a user registered on the PS-CONNECT Entities actually represents the person the user claims to be. PS-CONNECT therefore does not guarantee the actual identity of a user.

2.6 In order to purchase a PS-CONNECT membership, registration is required, in which the user must choose a password, among other things.

2.7 The user is obliged to keep the password chosen by him secret. PS-CONNECT will not pass on the password to third parties, will only use it for the registration process and will not ask the user for the password at any time – apart from the registration process. For security reasons and to prevent misuse, the user is recommended to change his password at regular intervals. The backup and storage of the access data to the PS-CONNECT member account (in particular the password) is the sole responsibility of the user.

2.8 Each user may only create one user profile. The user may not allow third parties to use their own user profile. 

3. Right of withdrawal for consumers

Cancellation

Withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us

Conscious Content GmbH & Co. KG

Scheinerstr. 19, 
81679 München

Phone: +49 171 48 63 920

E-mail: info@conscious-content.de

by means of a clear declaration (e.B. a letter sent by post or e-mail) of your decision to revoke this contract.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

With the revocation you obtain the immediate deletion of your user profile and all data collected with the attachment. Your access to the social network will be made impossible.

Exclusion of the right of withdrawal:

The right of revocation does not exist if you are acting in the predominant exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).

The right of revocation vis-à-vis PS-CONNECT does not apply to such contracts that are not concluded between you and XING, but between you and a third party. Any rights of revocation can only be asserted against the third party in this regard.

Other important notes:

You expressly agree that we will begin to perform the service before the end of the withdrawal period.

4. General obligations of the user and special provisions for the use of the social network

4.1 The user is obliged to:

• (a) to provide only true and non-misleading information and to use his real name and not pseudonyms or stage names;

• (b) to use as a profile picture in the user profile within the framework of the social network only such a photo on which the user is clearly and clearly recognizable. The user shall ensure that the public reproduction of the profile photo transmitted by him on the PS-CONNECT entities is permitted under applicable law. 

• (c) to comply with applicable law and all rights of third parties when using PS-CONNECT and the content on the PS-CONNECT Entities. In particular, the user is prohibited from:

• o use offensive or defamatory content, regardless of whether this content relates to other users, PS-CONNECT employees or any other person or company;
• o Use of pornographic, violent, abusive, immoral or youth protection law infringing content or advertising, offering and/or distribution of pornographic, violent, abusive, immoral or youth protection law infringing goods or services;
• o Unacceptable harassment of other users, in particular through spam (see Section 7 of the German Act Against Unfair Competition – UWG);
• o Using content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so, or advertising, offering and/or distributing goods or services protected by law, likewise without being authorized to do so; or
• o engaging in or promoting anti-competitive activities, including progressive solicitation (such as chain, pyramid or pyramid schemes);

• (d) refrain from the following harassing activities, even if they do not specifically violate any law:

o sending chain letters;

o Implementation, advertising and promotion of structural sales measures (such as multi-level marketing or multi-level network marketing); such as

o Engaging in suggestive or sexual communication (explicit or implied).

4.2 The following actions are prohibited for the user:

• (a) Use of any mechanism, software or script in connection with the use of the PS-CONNECT Entities. The direct or indirect advertising or distribution of such mechanisms, software or scripts is also prohibited. However, the user may use, advertise or distribute interfaces or software authorized by PS-CONNECT;

• (b) blocking, overwriting, modifying, copying other than as necessary for the proper use of PS-CONNECT;

• (c) Distribution and public communication of content of the PS-CONNECT Entities or other users, unless this distribution and public communication is intended within the framework of the respective PS-CONNECT application or the other user has consented to the distribution and public communication; and or

• (d) any action that is likely to impair the functionality of the PS-CONNECT infrastructure, in particular to overload it.

4.3 PS-CONNECT is not obliged to make data and/or information provided by the user available to other users if this data and/or information is not in line with sections 4.1 and 4.2. PS-CONNECT is entitled to remove impermissible data and/or information from the PS-CONNECT Entities in accordance with Sections 4.1 and 4.2 without prior notice to the user.

5. Changes to the services and the General Terms and Conditions

Changes in Services

5.1 PS-CONNECT reserves the right to change the services offered on the PS-CONNECT Entities or to offer different services, unless this is not reasonable for the user.

5.2 PS-CONNECT also reserves the right to change the services offered on the PS-CONNECT Entities or to offer different services,

• (a) insofar as PS-CONNECT is obliged to ensure that the services offered by PS-CONNECT comply with the law applicable to the services, in particular if the applicable legal situation changes;

• (b) insofar as PS-CONNECT thereby complies with a court judgment directed against PS-CONNECT or an official decision;

• (c) to the extent that the respective change is necessary to close existing security gaps;

• (d) if the change is merely beneficial to the user; or

• (e) if the change is of a purely technical or procedural nature without any significant impact on the user.

5.3 Changes with only an insignificant influence on the functions of PS-CONNECT do not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.

Changes to the Terms and Conditions

5.4 PS-CONNECT reserves the right to change these GTC at any time without stating reasons, unless this is not reasonable for the user. PS-CONNECT will notify the user of changes to the GTC in good time. If the user does not object to the validity of the new GTC within six (6) weeks after notification, the changed GTC are deemed to have been accepted by the user. In the notification, PS-CONNECT will inform the user of their right to object and the importance of the objection period.

5.5 PS-CONNECT also reserves the right to change GTC,

• (a) if the change is merely beneficial to the user;

• (b) if the change is purely technical or procedural, unless it has a significant impact on the user;

• (c) insofar as PS-CONNECT is obliged to ensure that the GTC comply with applicable law, in particular if the applicable legal situation changes;

• (d) insofar as PS-CONNECT thereby complies with a court judgment directed against PS-CONNECT or an official decision; or

• (e) insofar as PS-CONNECT introduces additional, completely new services, services or service elements that require a service description in the General Terms and Conditions, unless the previous usage relationship is adversely changed as a result.

PS-CONNECT will provide information about such changes to the GTC, for example on the PS-CONNECT Entities.

5.6 With regard to products that are booked individually and are not offered as part of a continuing obligation (e.g. the booking of advertising or the setting up of an event), a separate contract is concluded for each booking, the additional conditions of which may apply separately before booking in individual cases are displayed. The relevant contract terms and services are subject to change for future bookings independently of the service change requirements set out here.

5.7 The user’s right of termination according to Section 7 remains unaffected by any changes to the services or general terms and conditions according to this provision. 

6. Term, Termination of Contract, Sanctions

General

6.1 If there are no special provisions regarding the term and termination of individual applications or PS-CONNECT memberships in individual cases, the contractual relationship can be terminated by either party at any time.

Free Membership

6.2 The user and PS-CONNECT can terminate the free membership at any time without giving reasons. To protect the user against unauthorized deletion of his user profile by third parties, PS-CONNECT can carry out an identity check upon termination, e.g. by querying the user name and an e-mail address registered on the PS-CONNECT entities.

Termination and blocking for good cause

6.3 Even if there are special provisions on the term and termination, both parties have the right to extraordinarily terminate the contractual relationship at any time without notice if there is an important reason. An important reason for extraordinary termination exists if the continuation of the contractual relationship until the end of the statutory period of notice is not reasonable for the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties. The following events in particular are important reasons for XING:

• (a) User’s failure to comply with any applicable law;

• (b) User’s breach of its contractual obligations;

• (c) the reputation of the services offered on the PS-CONNECT Entities is significantly impaired by the presence of the user (e.g. if, after the user has registered, it turns out that the user has been convicted of an intentional criminal offense and other users this conviction is known);

• (d) the user promotes associations or communities – or their methods or activities – which are monitored by security or youth protection authorities;

• (e) the user harms one or more other users; or

• (f) the user is a member of a sect or a religious community that is controversial in Germany.

6.4 If there is an important reason according to Section 7.4, PS-CONNECT can also impose the following sanctions on the user, regardless of a termination according to Section 7.4:

• (a) deletion of content posted by the user;

• (b) blocking access to the service of the PS-CONNECT Entities or individual applications; or

• (c) issuing a warning.

7. Responsibility for content, data and/or user information, availability

7.1 PS-CONNECT assumes no responsibility for the content, data and/or information provided by the users of the PS-CONNECT Entities or for content on linked external websites. In particular, PS-CONNECT does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.

7.2 If the user notices any illegal or non-contractual use of the PS-CONNECT Entities (including the use of pseudonyms or deceptive identities), he can report this.

7.3 With regard to data or content that is or was publicly available in accordance with the terms and conditions, the data protection regulations of PS-CONNECT or the settings of the user and was stored by a third party, PS-CONNECT is not obliged to prevent such storage by the third party.

7.4 PS-CONNECT only offers the user a platform and generally does not participate in the content of communication between users. This does not apply if PS-CONNECT moderates a group itself in individual cases. If the users conclude contracts with each other via the PS-CONNECT Entities, PS-CONNECT is not involved in this and is therefore not a contractual partner. The users are solely responsible for the processing and fulfillment of the contracts concluded among themselves. PS-CONNECT is not liable for breaches of duty by users arising from the contracts concluded between users.

7.5 The user acknowledges that 100% availability of the PS-CONNECT Entities is not technically feasible. However, PS-CONNECT endeavors to keep the PS-CONNECT entities available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are not within the control of PS-CONNECT (such as disruptions to public communication networks, power failures, etc.) can lead to disruptions or the temporary suspension of the service on the PS-CONNECT lead entities. 

8. Liability of PS-CONNECT

8.1 PS-CONNECT has unlimited liability for damage resulting from injury to life, limb or health that is based on a breach of duty by PS-CONNECT, a legal representative or vicarious agent of PS-CONNECT and for damage caused by the lack of one of PS-CONNECT’s CONNECT guaranteed quality or in the case of fraudulent behavior on the part of PS-CONNECT. Furthermore, PS-CONNECT has unlimited liability for damage caused intentionally or through gross negligence by PS-CONNECT or one of its legal representatives or vicarious agents.

8.2 In the event of a breach of essential contractual obligations caused by slight negligence, PS-CONNECT shall be liable, except in the cases of Section 8.1 or 8.3, in the amount limited to the foreseeable damage typical of the contract. Essential contractual obligations are abstractly such obligations, the fulfillment of which enables the proper execution of a contract in the first place and on the observance of which the contracting parties can regularly rely. For the rest, liability on the part of PS-CONNECT is excluded.

8.3 Liability under the Product Liability Act remains unaffected. 

9. Privacy

9.1 Collection, processing and/or use of personal data only takes place if the user has consented or if this is permitted by law. Personal data is used on the basis of legal permission, in particular in connection with the fulfillment of contractual obligations by PS-CONNECT towards users. PS-CONNECT offers the user a variety of functions that are individually adapted to them (e.g. PS-CONNECT provides certain information, offers, recommendations and services on the basis of collected data and promotes interaction in the user’s network). In order to be able to provide the services, it is necessary to process and use the user’s personal data.

9.2 PS-CONNECT offers users the opportunity to transmit all or part of their personal data to other users or to revoke access to the data. The transmission of this data is at your own risk. 

10. Governing Law, Venue and Miscellaneous

10.1 PS-CONNECT can use subcontractors. Even if subcontractors are used, PS-CONNECT remains responsible for fulfilling the obligations assumed by PS-CONNECT.

10.2 PS-CONNECT is entitled to transfer rights and obligations in whole or in part to third parties.

10.3 PS-CONNECT can send declarations to the user by e-mail or letter, unless otherwise regulated in the GTC. In addition, PS-CONNECT can make declarations to the user by sending a message to the user’s private PS-CONNECT mailbox, which is part of the user’s PS-CONNECT membership.

10.4 We do not participate in a dispute settlement procedure before a consumer arbitration board.

10.5 The place of fulfillment is the seat of Conscious Content GmbH & Co. KG.

10.6 The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the registered office of Conscious Content GmbH & Co. KG.

10.7 German law applies to the exclusion of international private law and the UN sales law adopted into German law. The mandatory consumer protection law of the country in which a user has his habitual residence remains unaffected.

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Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting

Amazon Web Services (AWS)

We are hosting our website with AWS. The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter referred to as “AWS”).

When you visit our website, your personal data will be processed on AWS servers. This may also result in the transfer of personal data to the parent company of AWS in the United States. The transfer of data to the US is based on the EU’s standard contractual clauses. For details please consult: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

For more information, please see the AWS Data Privacy Policy: https://aws.amazon.com/de/privacy/?nc1=f_pr.

AWS is used on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in a depiction of our website that is as reliable as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Conscious Content GmbH & Co. KG
Scheinerstr. 19 | 81679 München

Phone: +49 (0) 171 48 63 920
E-mail: info@conscious-content.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Information on data transfer to the USA and other non-EU countries

Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions, or for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Google Forms

We have integrated Google Forms into this website. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as „Google”).

Google Forms enables us to generate online forms to record messages, inquiries and other entries entered by visitors to our website. All entries you make will be processed on Google’s servers. Google Forms stores a cookie in your browser that contains a unique ID (NID cookie). This cookie stores a wide range of information, including, for example your language settings.

We use Google Forms on the basis of our legitimate interest in determining your needs as effectively as possible (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

The data you enter into the form will remain in our possession until you ask us to delete them, revoke your consent to the archiving of your data or until the purpose of archiving the data no longer exists (e.g., upon completion of the processing of your inquiry). This does not affect mandatory statutory provisions – in particular those governing retention periods.

For more information, please consult Google’s Data Privacy Policy at https://policies.google.com/.

Registration on this website

You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.

To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.

We shall process the data entered during the registration process on the basis of your consent (Art. 6(1)(a) GDPR).

The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

The comment function on this website

When you use the comment function on this website, information on the time the comment was generated and, if you are not posting anonymously, the username you have selected will be archived in addition to your comments.

Subscribing to comments

As a user of this website, you have the option to subscribe to comments after you have registered. You will receive a confirmation e-mail, the purpose of which is to verify whether you are the actual holder of the provided e-mail address. You can deactivate this function at any time by following a respective link in the information e-mails. The data entered in conjunction with subscriptions to comments will be deleted in this case. However, if you have communicated this information to us for other purposes and from a different location (e.g., when subscribing to the newsletter), the data shall remain in our possession.

Storage period for comments

Comments and any affiliated information shall be stored by us and remain on this website until the content the comment pertained to has been deleted in its entirety or if the comments had to be deleted for legal reasons (e.g., insulting comments).

Legal basis

Comments are stored on the basis of your consent (Art. 6(1)(a) GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

5. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. This data is assigned to the respective end device of the user. An assignment to a user-ID does not take place.

Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. Google Analytics uses various modeling approaches to augment the collected data sets and uses machine learning technologies in data analysis.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TTDSG. You may revoke your consent at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

WP Statistics

This website uses the WP Statistics analysis tool to evaluate visitor accesses statistically. The provider is Veronalabs, ARENCO Tower, 27th Floor, Dubai Media City, Dubai, Dubai 23816, UAE (https://veronalabs.com).

WP Statistics can be used to analyze the use of our website. In doing so, WP Statistics records, among other things, log files (IP address, referrer, browser used, origin of the user, search engine used) and actions that the website visitors have taken on the site (e.g. clicks and views).

The data collected with WP Statistics is stored exclusively on our own server.

The use of this analysis tool is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the anonymized analysis of user behavior in order to optimize both our websites and our advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

IP anonymization

We use WP Statistics with anonymized IP. Your IP address is shortened so that it can no longer be directly assigned to you.

6. Plug-ins and Tools

Google Web Fonts

To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.

To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

If your browser should not support Web Fonts, a standard font installed on your computer will be used.

For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Font Awesome

This page uses Font Awesome for the uniform representation of fonts and symbols. Provider is Fonticons, Inc. 6 Porter Road Apartment 3R, Cambridge, Massachusetts, USA.

When you call up a page, your browser loads the required fonts into its browser cache to display texts, fonts, and symbols correctly. For this purpose, the browser you use must connect to the servers of Font Awesome. This allows Font Awesome to know that your IP address has been used to access this website. The use of Font Awesome is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the uniform presentation of the typeface on our website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

If your browser does not support Font Awesome, a standard font from your computer will be used.

Further information about Font Awesome can be found in the Font Awesome privacy policy at: https://fontawesome.com/privacy.

7. Custom Services

Handling applicant data

We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing, and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g., contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 BDSG according to German Law (Negotiation of an Employment Relationship), Art. 6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(a) GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 BDSG and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship in our data processing system.

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6(1)(f) GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory data retention requirements preclude the deletion.

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