With our young and innovative team of 50 people,
we quickly and professionally turn ideas into finished products.
Use our experience to win new markets and target groups.
We offer our reliable services at very attractive conditions.
Terms and Conditions
General Terms and Conditions of Sale
Section 1 General – scope of application
(1) Our terms of sale apply exclusively; any contradicting deviating terms of sale of the Buyer shall are not recognized by us unless we explicitly approved their applicability in writing. Our terms of sale also apply even if we know that the buyer’s terms of sale contradict or deviate from ours and still effect the delivery to the buyer.
(2) The buyer shall be obligated not sell and/or distribute the purchased goods in the United States of America. Furthermore, the buyer shall impose the same obligation on possible recipients who either are resellers or that give the indication of being resellers.
(3) All agreements stipulated between us and the buyer for the purpose of performing this contract shall be stipulated in the contract in writing.
(4) Our terms of sale apply only to companies as defined in section 310, paragraph 1 BGB. (German Civil Code)
Section 2 offer – offer documents
(1) if the order can be qualified as an offer as defined in Section 145 BGB (German Civil Code), we shall be allowed to accept it within two weeks’ time.
(2) We reserve the property rights and copyrights to images, drawings, calculations and other documents. This also applies to such written documents that are designated as “confidential“. Prior to forwarding them to third parties, the buyer shall require our written approval.
§ 3 Prices – Terms of payment
(1) Unless the order acknowledgement states otherwise, our prices shall be ”ex factory“.
(2) Prices do not include VAT; the statutory VAT shall be stated separately in the invoice on the day of billing.
(3) Subtracting a cash discount requires prior written agreement.
(4) Unless the order acknowledgement states otherwise, the net purchase price (without deduction) is due upon delivery of the goods. As regards delay of payment, the statutory regulations apply.
(5) The buyer shall have the rights of set-off only if the counterclaims have been finally adjudicated, are uncontested or recognized by us. Furthermore, the buyer shall be authorized to exercise rights of set-offs insofar the buyer’s counterclaim is based on the same contractual relationship.
(6) We reserve the right to bill the agreed service by post or electronically by e-mail.
(7) In cases of a substantial price increase in raw materials, we shall be able to withdraw from the contract. The buyer cannot assert any claims for damages from this.
Section 4 Time of delivery
(1) For the delivery time stated by prior settling of all technical issues shall be required.
(2) Fulfilling our delivery obligation requires the buyer’s timely and orderly fulfillment of their obligation. We reserve the right to plea of non-performance of the contract.
(3) Does the buyer come into default of acceptance or violates their obligation to cooperate, we shall be entitled to claim compensation for damages, including additional expenses that may have been accrued. The right for further claims shall remain reserved.
(4) Insofar as the preconditions in paragraph (3) are met, the risk of an accidental loss or damage of the purchased good shall be transferred to the buyer the moment the buyer is in default of acceptance or payment.
(5) We shall be liable in accordance with legal regulations provided the underlying sales contract is a business of fixed terms pursuant to section 286 paragraph 2, no 4 BGB (German Civil Code) or Section § 376 HGB (German Trade Law). We shall also be liable in accordance with legal regulations if, as a consequence of a delay in delivery due to our fault, the buyer is entitled to assert that their interest in a further fulfillment of the contract no longer exists.
(6) Furthermore, we shall be liable in accordance with legal regulations if the delay in delivery was caused by a willful or negligent breach of contract; the fault of our representative or vicarious agent can be attributed to us. Unless the delay in delivery has not been caused by any willful breach of contract on our part, liability for damagers shall be limited to a predictable and typical damage.
(7) We shall also be liable in accordance with legal regulations if the delay in delivery due to our fault has been caused by our culpable breach of a substantial contractual obligation; in this case liability for damages shall be limited to predicable and typical damage.
(8) Further legal claims and rights of the buyer shall remain reserved.
Section 5 Passing of risks – packaging costs
(1) Unless stated otherwise on the order acknowledgment, delivery is ”ex factory“.
(2) If the buyer desires, we shall insure the transport of the delivery; any costs incurred shall be borne by the buyer.
Section 6 Liability for defects
(1) Claims for defects by the buyer shall require that the buyer has properly fulfilled their obligation for examination and notification of defects pursuant to Section 377 HGB (German Trade Law).
(2) If the defect resides in the purchased goods, the buyer shall be entitled to either ask for a supplementary performance in the form of a removal of the defect or a delivery of new purchased goods free of defect. In the case of removal of the defect, we shall be obligated to bear the cost for any effort to remove the defect, in particular transport cost, travel expenses, parts and labor, provided these costs have not increased due to the purchased goods being transported to a place that is different from the place of performance.
(3) If the supplementary performance fails, the buyer shall have the right to cancellation of the purchase or reduction of the price.
(4) We shall be liable in accordance with legal regulations if the buyer files claims for damages that are based on intent or gross negligence; this includes intent or gross negligence by our representatives or vicarious agents. Insofar no willful breach of contract can be found, liability for damagers shall be limited to predictable and typical damages.
(5) We are liable in accordance with legal regulations if we have culpably violated a substantial contractual obligation; in this case the liability for claims shall be limited to predictable and typical damages.
(6) Liability for culpably harming life, body or health shall remain unaffected; this also applies to the mandatory liability in accordance with the product liability law.
(7) Unless stipulated otherwise in the above, liability shall be excluded.
(8) The limitation period for claims for defects shall be 12 months, starting with the passing of risks.
(9) The limitation period in the case of a delivery recourse pursuant to Sections 478, 479 BGB (German Civil Code) remain unaffected; it shall be 5 years as of delivery of the defective good.
§ 7 Joint liability
(1) Any liability for damages exceeding the liability stipulated in Section 6 – regardless of the legal nature of the claims – shall be excluded. This, in particular, applies to liability claims arising from fault in conclusion of the contract, from any other breaches of contract or that are due to tort claims for compensation of property pursuant to Section 823 BGB (German Civil Code).
(2) Insofar liability for damages against us is excluded or restricted, this shall also apply to the personal liability for damages of our employees, workers, co-workers, representatives and vicarious agents.
Section 8 Retention of title as security
(1) We shall reserve ownership of the purchased goods until receipt of payment from the delivery contract. With any breach of contract by the buyer, in particular delay in payment, we shall have the right to take back the purchased goods. Taking back the purchased goods shall not be a withdrawal from the contract, unless we would have declared that explicitly in writing. The seizure of the purchased goods by us shall always be a withdrawal from the contract. After taking back the purchased goods we shall be entitled to reutilizing it, the proceeds shall be set against the buyer’s liabilities – minus any expenses incurred in reutilizing the purchased goods.
(2) The buyer shall be obligated to take good care of the purchased good; in particular to purchase insurance against fire, water and theft at replacement value. Insofar maintenance work is required, the buyer shall have to carry have to carry it out in time and at their own expense.
(3) We shall be notified by the buyer about any seizures or other actions by third parties so that we can file a suit pursuant of Section 771 ZPO (Code of Civil Procedure). To the extent that third parties are not in the position to reimburse us for legal or extralegal fees arising from a suit pursuant to Section 771 ZPO (Code of Civil Procedure), the buyer shall be liable for any loss we might suffer.
(4) The buyer shall have the right to resell the purchased goods in the ordinary course of business; the buyer, however, already shall assign all claims that might arise from the resale to their recipients or third parties to us to the tune of the total amount on our invoice (including VAT), regardless whether or not the purchased goods have been resold with or without additional processing. The buyer shall still be authorized to collect their claim even after the assignment of the claim to us. Our authority to collect the claim ourselves shall remain unaffected by this. However, we shall be obligated to not collect the claim as long as the buyer meets his payment obligations and in particular no application to open bankruptcy or insolvency or settlement proceedings have been filed or payments have ceased. However, if this is the case, we shall be able to demand that the buyer informs us about the assigned claims and the debtors, gives us all the details necessary to collect and notifies the creditor (third party) about the assignment of claims.
(5) The processing or modification of the purchased goods shall always be performed for us. If the purchased goods are processed by other means that do not belong to us we shall acquire co-ownership of the new item where the value of the purchased goods ( total amount on the invoice, including VAT) shall be proportionate to the processed items at the time of the processing. By the way, the same shall apply to the item that created through the processing as to the purchased goods delivered with reservations.
(6) If the purchased goods are mixed with other items not belonging to us and cannot be separated anymore, we acquire co-ownership of the new item, where the value of the purchased goods ( total amount on the invoice, including VAT) shall be proportionate to the other mixed items at the moment of mixing. If after the mixing the buyer’s item can be considered the main part, it shall be agreed that the buyer transfers proportionate co-ownership. The buyer shall keep the thus created solely owned or co-owned property on our behalf.
(7) The buyer shall also assign those claims to us that are meant to secure our claims against the buyer which have been created against a third party by combining the purchased good with real estate property.
(8) We shall be obligated to release the securities given to us upon request from the buyer when the value of our securities exceeds the claims to be secured by 10 % ; which securities should be released shall lie within our discretion.
Section 9 Place of Venue – Place of fulfillment
(1) If the buyer is a businessman or woman, the venue shall be our headquarters; we, however, shall have the right to file a suit at a court at the buyer’s place of residence.
(2) The Federal Republic of Germany laws are applicable; UN sales law does not apply.
(3) Unless stated otherwise in the order acknowledgement, Mannheim shall be the place of fulfillment.
Status> July 7, 06.07.17 ideaPRO GmbH
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (ideaPRO GmbH, Binnenhafenstraße 7, 68159 Mannheim, Tel. +49 621 107563 00, Email email@example.com) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract.
Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
1. Definition of terms
2. Name and address of the controller
Responsible as defined in the GDPR, other Data protection regulations of EU Member States and other regulations regarding data protection and privacy is: ideaPRO gmbh Binnenhafenstr. 7 68159 Mannheim Germany phone: +49 107563-00 E-Mail: firstname.lastname@example.org Website: www.ideapro.de
3. Name and address of the data protection officer
The data protection officer for the responsible processor is: Markus Kirstein ideaPRO gmbh Binnenhafenstr. 7 68159 Mannheim Germany Tel.: +49 107563-07 E-Mail: email@example.com Website: www.ideapro.de. Every data subject can directly approach our data protection officer for any question and suggestions regarding data protection and privacy.
5. Collecting general data and information
Every time the ideaPRO gmbh website is accessed by the data subject or an automated system, a number of general data and information is collected. This general data and information is then stored in the log files of the server. The following data can be collected: (1) browser type and version used, (2) the operating system used by the accessing system, (3) the website from which the accessing system reaches our internet site ( a so-called referrer), (4) the sub-site which are controlled through an accessing system on our website, (5) the date and time of the access to the website, (6) an internet protocol address (IP-Adresse), (7) the internet service provider of the accessing system and (8) other similar data and information that can fend off dangers in case of an attack on our data technology systems. By using this general data and information ideaPRO gmbh does not draw any conclusion about the data subject. This information is necessary to (1) deliver the content of a website correctly, (2) optimize the content of our website and the advertisement for this site, (3) ensure ongoing functionality of our IT system and the technology of our website and (4) provide law enforcement agencies with the necessary information in case of a cyberattack. Thus, this data and information collected anonymously is statistically evaluated for the purpose of increasing data security and data safety in our company and so finally ensure a high level of protection for the personal data we process. The anonymous data of the server logfiles is stored separately from all personal data given by the data subject.
6. Registering on our internet site
The data subject has the option to register on the website of the controller by entering personal data. Which personal data is needed to be transferred to the controller depends on the specific registration form being used. The personal data entered by the data subject is collected and stored exclusively for our internal use at the controller’s. The controller can initiate the data transfer to one or several order processors, e.g. parcel delivery service, that also uses personal data only for internal use that can be attributed to the controller. Registering on the website of the controller also entails: storing the IP address assigned from the Internet service Provider (ISP) to the data subject and the date and time of the registration. Storing this data is performed considering the fact that this is the only way abuse of our services can be prevented and that, if need arises, this data can help solve crimes. And so storing this data is required to protect the controller. Transferring this data to third parties is ruled out on principle, unless there is a legal requirement, or it serves law enforcement. The registration of the data subject using freely given personal data helps the controller to offer content and services to the data subject that, due to the nature of matter, can only be offered to registered users. Registered persons have the option to change personal data given upon registration at all times or even have it completely erased from the database of the controller. At all times the controller answers any questions a data subject might have about which of their personal data was stored. Moreover, the controller rectifies or erases personal data upon request by the data subject provided this does not contradict legal retention requirements. In this context, all employees of the controller are available as contact persons for the data subject.
7. Subscribing to our newsletter
The ideaPRO gmbh website offers users the option to subscribe to our company newsletter. Which personal data needs to be entered and transferred to the controller to subscribe to the newsletter depends on the subscription form used. At regular intervals, ideaPRO gmbh informs their customers and business partners about offers of the company by way of a newsletter. On principle, our company’s newsletter can only be received by data subjects if (1) the data subject possesses a valid e-mail address and (2) the data subjects registers for newsletter mailing. For legal reasons the email address entered for the first time by the data subject for receiving the newsletter is used to send back a confirmation mail using the double-opt in procedure. This confirmation mail is used to verify if the email address owner has authorized the data subject to receive the newsletter. Upon logging on for the newsletter, we also store the IP address assigned by the internet service provider (ISP) to the data subject’s computer used at the time of the log-on as well as the date and time of the log-on. Collecting this data is necessary to trace back any abuse of a data subject’s email address later and serves as a legal protection for the controller. Personal data collected in the context of a subscription to a newsletter is used only for the purpose of mailing our newsletter. Moreover, newsletter subscribers can be informed via email where this is necessary for the operation of the newsletter services or a related registration, as could be the case upon changes in the newsletter offer or any technical changes. Personal data collected in the context of the newsletter service is never transferred to third parties. A data subject can cancel the subscription at any time. Any consent to the storage of personal data the data subject has given for mailing the newsletter can be withdrawn at any time. Every newsletter has the relevant link for withdrawing the consent. Furthermore, there is the option to cancel the newsletter subscription at any time directly on the website of the controller or to inform the controller about this using any other means.
The ideaPRO gmbh newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails that are transferred in the HTML format to enable the recording of log files and their analysis. This allows a statistical evaluation of a successful or unsuccessful online marketing campaign. With the help of embedded tracking pixels ideaPRO gmbh can see if and when a data subject has opened their emails and which links in said email he or she has clicked on. Personal data that is collected by the tracking pixel in the newsletters is stored and evaluated by the controller to optimize the newsletter mailing and to adapt the content of future newsletters to the interests of the data subjects. This personal data is never transferred to third parties. Data subjects have always the right to withdraw their consent that was given separately via our double-op procedure at any time. After such a withdrawal, the personal data will be erased by the controller. IdeaPRO gmbh interprets cancelation of the newsletter automatically as withdrawal of consent.
9. Contact via the website
Due to legal requirements, the ideaPRO gmbh website contains information that allows you to have faster electronic contact and immediate communication with our company which also includes a general e-mail address. If a data subject establishes contact with the controller by either email or via a contact form, the personal data transferred by the data subject is stored automatically. Such personal data freely transferred to the controller by the data subject is stored for processing or making contact with the data subject. This personal data is not forwarded to any third party.
10. Routinely blocking and erasing of personal data
The controller processes and stores personal data of the data subject only for the period of time that is necessary to achieve the storage purpose or where this has been regulated by the European legislator or any other laws res. regulations that the controller is subject to. Is there no storage purpose or does a storage retention period stipulated by the European legislator or any other relevant legislator expire, the personal data is routinely blocked or erased following the legal guidelines.
11. Rights of the data subject
a) Right to confirmation Every data subject has the right, as granted by the European legislator, to a confirmation by the controller that personal data of the data subject is being processed. In case the data subject wants to exercise this right, they can at all times approach an employee of the controller. b) Right to request Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain information from the controller on their stored personal data free of charge and with a copy of this request. Furthermore, the European legislator has granted the right to request for the following personal data: the processing purpose, that category of personal data, the recipient or categories of recipient to whom the personal data has been disclosed, in particular regarding recipients in third party countries or with international organizations, if possible the period that personal data will be stored for, and where this is not possible, the criteria for determining the storage period, a right to rectify or erase personal data or the limit to processing by the controller or a withdrawal of the consent to processing, the existence of a right to complain at a regulatory agency if the personal data is not collected at the data subject’s: all available information about the origin of the data, the existence of an automated decision-making which includes profiling pursuant to article 22 paragraph 1 and 4 GDPR and “at least in these cases” meaningful information on the logic involved and the extent and envisaged impact of such a processing on the data subject. Furthermore, the data subject has the right to request if personal data has been transferred to an international organization or not. If this is the case, the data subject has the right to receive information on suitable guarantees in connection with this transfer. If a data subject wants to exercise their right to request, they can approach an employee of the controller at any time. c) Right to rectify Every data subject whose personal data has been processed has the right, as granted by the European legislator, to have relevant and inaccurate personal data rectified immediately. Furthermore, and considering the purpose of the data processing, the data subject has the right to require that incomplete personal data be completed by way of a supplementary statement. If the data subject wants to exercise this right to rectify, they can approach an employee of the controller at any time. d) Right to erase ( right to be forgotten) Every data subject whose data has been processed has the right, as granted by the European legislator, to require from the controller the immediate erasure of the respective personal data provided one of the following reasons apply and as far as processing of data is not necessary: The personal data was collected or processed in any other way for purposes that are no longer relevant The data subject withdraws her or his consent on which the processing pursuant to article 6, paragraph 1 , point b GDPR was based on or article 9 paragraph 2 point a of the GDPR and no other legal basis for the processing exists. The data subject objects pursuant to article 21, paragraph 1 GDPR to the processing and there are no other overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to art. 21 paragraph 2 GDPR. The personal data was processed unlawfully. Erasure of the personal data is required to meet the legal obligation as specified in Union law or Member State law which the controller is subject to. The personal data was collected in the context of services offered by the information society pursuant to article 8 paragraph 1 GDPR. If one of the above-mentioned reasons apply and a data subject wants to effect erasure of personal data that is stored at ideaPRO gmbh, he or she can approach an employee of the controller at any time. This ideaPRO gmbh employee will see to the requested immediate erasure of personal data. In cases where their personal data has been made public by ideaPRO gmbh and where our company is obligated to erase the personal data pursuant to article 17 paragraph 1 GDPR, ideaPRO gmbh will under consideration of available technology and implementation costs take suitable steps , also of a technical nature, to inform other controllers who process the published personal data about the fact that the data subject required of those other controllers to erase all links to his or her personal data or of all copies or replicas of said personal data, provided the processing is not necessary. The ideapro gmbh employee shall initiate the necessary steps in the individual case. e) Right to limited processing. Every data subject whose personal data has been processed has the right, as granted by the European legislator, to require of the controllers a limit to the processing provided the following conditions are met: The accuracy of the personal data is contested by the data subject and at a time length that allows the controller to review the accuracy of the personal data. The processing is unlawful and the data subject objects to the erasure of the personal data and instead requires a limit to the use of the personal data. The controller does no longer need the personal data for the purpose of processing, the data subject, however, needs it for establishing, exercising or defending legal claims. The data subject has filed an objection to the processing pursuant to article 21 paragraph 1 GDPR and it has not yet been determined if the legitimate reasons of the controller outweigh those of the data subject. Insofar one of the above-mentioned conditions is met and a data subject requires a limit to the personal data that is stored at ideaPRO gmbh, he or she can approach an employee of the controller at any time. The ideaPRO gmbh employee shall see to the processing being limited. f) Right to data portability Every data subject whose personal data has been processed has the right, as granted by the European legislator, to receive the data he or she has given to the controller in a structured, commonly-used and machine-readable format. Furthermore, he or she has the right to transfer this data to any othe controller without hindrance from the controller who was provided with the personal data, provided that the processing is based on a consent pursuant to article 6 paragraph 1 a GDPR or article 9 paragraph 2a GDPR or on a contract pursuant to article 6 paragraph 1b GDPR and processing is effected using automated means, provided the processing is not necessary to perform a task that is in the public interest or in the execution of public authority the controller was vested in. Furthermore, the data subject, when exercising his or her right to data portability pursuant to article 20 paragraph 1 GDPR, has the right to require that the personal data be transferred directly from one controller to another controller, provided this is technically feasible and provided it does not compromise the rights and freedoms of others. To exercise the right to data portability, the data subject can approach an ideapreo gmbh employee at any time. g) Right to object Every data subject whose personal data has been processed has the right, as granted by the European legislator, to object to the processing that is based on article 6 paragraph 1 e or f GDPR, of his or her personal data on grounds relating to his or her particular situation. This also applies for profiling that is also based on this regulation. IdeaPRO gmbh ceases to process the personal data when there is a withdrawal of consent, unless we have proof of compelling legitimate reasons for a processing that outweigh the interests, rights and freedoms of the data subject. Or the processing serves the establishment, exercise and defense of legal claims. In cases where ideaPRO gmbh processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of the personal data for such marketing. That also applies to profiling where it is in connection with such direct marketing. Does the data subject object to ideaPRO gmbh’s processing of their personal data for direct marketing, ideaPRO gmbh will cease to process the personal data for such a purpose. Furthermore, the data subject has the right to lodge an objection for personal reasons to the processing of her or his personal data that is performed by ideaPRO gmbh for scientific or historic research or for statistical purposes pursuant to article 89 1 GDPR, unless such a processing fulfills a task that is in the public interest. To exercise his or her right to object, the data subject can approach an employee of ideaPRO gmbh or any other employee at any time. Furthermore, the data subject also has the option, right in the context of use of services of the information society, to exercise his or her right to object via automated means that use technical specifications. h) Automated individual decision-making including profiling Every data subject whose data has been processed has the right, as granted by the European legislator, not to be subject to a decision reached solely by automated processing, that includes profiling, that has a legal effect on him or her or a similar substantial impact, provided the decision (1) is not necessary for closing or performing a contract between the data subject and the controller, or (2) is, due to Union law or its Member States law the controller is subject to, admissible, or (3) has the explicit consent of the data subject. Is the decision necessary (1) for closing or performing a contract between the data subject and the controler or (2) has been reached with the explicit consent of the data subject, ideaPRO gmbh shall implement suitable steps to safeguard the data subject’s rights and freedoms as well as his or her legitimate interests which includes at least the right to human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wants to exercise his or her rights regarding automated decisions, he or she can approach an employee of the controller at any time. i) Right to withdraw a data consent Every data subject whose data has been processed has the right, as granted by the European legislator, to withdraw his or her consent to the processing of personal data at any time. If the data subject wants to exercise his or her right to withdraw the consent, he or she can approach an employee of the controller at any time.
12. Data privacy in applications and application processes.
The controller collects and processes the personal data from applicants for the purpose of the application procedure. This process can be carried out electronically too. This is particularly the case when the applicant transfers his or her application documents electronically, e.g. per e-mail or via a web form on the website to the controller. If the controller enters into an employment contract with an applicant, the transferred data will be stored for the purpose of processing the employment in accordance with the legal requirements. In case the controller does not enter into an employment contract with the applicant, the application documents will be erased within two months’ time after the negative decision, provided the erasure does not contradict other legitimate interests of the controller. Other legitimate interests in this context might be the burden of proof in a proceeding dealing with General Equality Law (Allgemeinen Gleichbehandlungsgesetz).
13. Data privacy and protection regulations regarding use of Google Analytics (with anonymizing function)
14. Data protection and privacy regarding use of Google-AdWords
The controller has integrated Google AdWords into this website. Google AdWords is a service for online advertising that allows advertisers to run ads in their search engines results of Google and also in the Google advertising network. Google AdWords enables an advertiser to set specific keywords in advance that help to display Google search engine results only when the user of the search engine asks for a key-word relevant result. In the Google advertising network, the advertisements are distributed across topic-relevant websites using an automated algorithm and consider previously determined key words. Google AdWords services is run by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The purpose of Google AdWords is advertising for our website by popping up interest-relevant ads on the websites of third party companies and in the search engine results of the Google search engine and by popping-up third-party ads on our website. Does a data subject land on our website via a Google ad, a so-called conversion cookie is placed by Google on the IT system of the data subject. A conversion cookie becomes invalid after 30 days and cannot identify the data subject. A conversion cookie, if it is still valid, helps to trace back when certain sub-sites, e.g. a shopping cart from an online shop system, has been accessed from our website. Conversion cookies allow us and Google to trace back if a data subject that has landed on our website via an AdWords ad has generated turnover, has made e.g. a purchase or canceled it. Data and information collected through conversion cookies is used by Google to compile visitor stats for our website. These visitor statistics again are used to arrive at the total number of users who were sent to us via AdWords ads, and thus help to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertising customers receive information from Google that could help to identify the data subject. Conversion cookies help to store personal data , e.g. the websites visited by the data subject. With every visit to our website, personal data, including the IP address of the data subject’s used internet connection will be transferred to Google in the USA. Google might forward personal data collected this way to third party. The data subject can at all times block the placing of cookies on our website, as mentioned above, by selecting the appropriate setting in the web browser used and so object to the setting of cookies permanently. Such a setting would also prevent Google from placing a conversion cookie on the IT system of the data subject. Beyond that, a cookie already placed by Google AdWords can be erased at any time using the web browser or any other software programs. Beyond that, the data subject has the option to object to interest-related ads from Google. To do this, the data subject must to go to the link www.google.de/settings/ads of every web browser used and activate the appropriate setting. For more information and the applicable Google Privacy and Data protection policy go to https://www.google.de/intl/de/policies/privacy/.
15. Data privacy and protection regulation regarding use of YouTube
The controller has YouTube components integrated into this website. YouTube is an internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment said videos also free of charge. YouTube permits the publishing of all kinds of videos which is why complete movies and TV broadcasts but also music videos, trailers or videos users produced themselves can be accessed through the internet portal. YouTube is run by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. By accessing an individual page of this website that is run by the controller and where a Youtube component (YouTube Video) has been integrated, the web browser on the IT system of the data subject will be automatically triggered by the respective YouTube component to download a display of the respective YouTube component. For more information on YouTube you can go to https://www.youtube.com/yt/about/de/. In the context of this technical process, YouTube and Google will learn which specific sub-sites of our website have been visited by the data subject. Insofar as the data subject is simultaneously logged on to YouTube, YouTube will recognize that when a sub-site with a YouTube video is accessed, which concrete sub-site of our website the data subject is visiting. This information is colleced by YouTube and Google and attributed to the respective YouTube account of the data subject. YouTube and Google will receive information via the YouTube components that the data subject has visited our website whenever the data subject is also logged on to YouTube and at the moment he or she accesses our website; this happens regardless whether the data subject clicks on a YouTube video or not. If the data subject does not want this information transferred to YouTube and Google, it can prevent this transfer by logging off of their YouTube account before accessing our website. To see the data privacy and protection policies published by YouTube go to https://www.google.de/intl/de/policies/privacy/ to learn about the collection, processing and use of personal data by YouTube and Google.
16. Legal basis for processing data
Article 6 I lit. a GDPR is the legal basis for our company regarding data processing that involves obtaining consent for a certain processing purpose. Is the processing of personal data required for honoring a contract the data subject is a party to, as this is the case with processing activities necessary for the delivery of goods or service or service in return, said processing is based on article 6 I lit. b GDPR. The same applies to such processing activities that are necessary to carry out contractual measures, e.g. inquiries for our products and services. Is the company legally required to process personal data, e.g. to meet tax obligations, the processing is based on article 6 I lit. c GDPR. In rare cases the processing of personal data might be necessary to protect vital interests of the data subject or any other natural person. For instance, this would be the case if a visitor to our premises were to have an accident and therefore his or her name, age, health insurance data or other vital information had to be sent to a physician, hospital or other third parties. In this case the processing of data would be based on article. 6 I lit. d GDPR. Finally, processing activities could be based on article 6 I lit. f GDPR. This is the legal basis for processing activities that are not covered by any of the aforementioned legal bases, if the processing is required for protecting the legitimate interests of our company or of a third party, so long as the interest, rights and freedom of the data subject do not prevail. Such processing activities are particularly permitted because they are emphasized by the European legislator. The legislator took the position that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 line 2 GDPR).
17. Legitimate interest in the processing monitored by the controller or a third party.
If the processing of personal data is based on article 6 I lit. f GDPR, we have the legitimate interest in the execution of our business activities in favor of the wellbeing of our employees and owners.
18. Period of storage of personal data
The criterion for the period of the storage of personal data is the respective legal retention period. After this period has expired, the respective data will be erased routinely, insofar it is not required for performing or initiating a contract.
19. Legal and contractual regulations for provision of personal data; necessary for entering a contract, obligation of the data subject to provide personal data; possible consequences of non-compliance.
We inform that providing personal data is in part required by law (e.g. tax regulations) or is the result of contractual stipulations (e.g. details on the contract party). In some cases, it might be necessary that a data subject provides personal data that subsequently has to be processed by us. For instance, the data subject is obligated to provide us with personal data if our company enters into a contract with him or her. Not providing personal data would entail that the contract with the data subject cannot be closed. Prior to providing personal data by the data subject, he or she has to approach one of our employees. Our employee will then explain to the data subject in the individual case if providing personal data is contractually or legally required, if there is an obligation providing personal data, and the consequences that would result if personal data were not provided.
20. Google Fonts
We use the fonts (“Google Fonts”) offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data Protection and Privacy Declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
21. Existence of automated decision-making
As a responsible company we forgo automated decision-making or profiling.
Status May 29, 2018