AGB
**1. scope**
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1.1 The following General Terms and Conditions (hereinafter referred to as "**AGB**") apply to the range of services operated by Catch GmbH, Vitalisstraße 67, 50827 Cologne, Germany (hereinafter referred to as "**Catch Talents**"), which is provided under the domain www.catch-talents.de (hereinafter referred to as "**Platform**") and in the applicant management system of Catch Talents (hereinafter referred to as "**Tool**"; platform and tool together hereinafter referred to as "**Software**").
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1.2 In addition, the data protection declaration (available at: https://www.catch-talents.de/index.php#datenschutz_agb) applies.
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1.3 The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
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**2. subject matter of the contract**
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2.1 Catch Talents offers entrepreneurs, legal entities and partnerships that have registered in accordance with Section 3 the opportunity, within the framework of the provisions of these General Terms and Conditions, to post application positions (hereinafter "**application positions**") on the platform and in the tool and to search for applicants there (hereinafter "**company**"). Catch Talents also offers natural persons who do not act for the purpose of their commercial or self-employed professional activity, so-called consumers (hereinafter "**users**"), the opportunity to post and publish applications (hereinafter "applications") on the platform within the framework of the provisions of these GTC. In addition, Catch Talents offers companies and registered users the opportunity to automatically match open application positions and posted applications on the platform.
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2.2 Catch Talents also offers companies the opportunity to integrate the tool on their own website. The use of the platform and the tool for companies is explained in more detail in Section B of these GTC and is subject to a fee (cf. provision in Section B).
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2.3 Catch Talents itself does not offer any application offices or applications, but makes the platform available to users and companies and acts as an intermediary between users and companies. Catch Talents is neither involved in the recruitment process of the application offices or applications, nor in the implementation of the application process. Catch Talents will not be a party to any employment contract that may be concluded between the Company and the User. Catch Talents also has no influence on the selection of users by the Company. Users therefore have no claim against Catch Talents to the conclusion of an employment contract or participation in an application procedure with a company. Furthermore, the content published on the platform or in the tool by users and companies is not checked by Catch Talents and does not represent any information or opinions of Catch Talents.
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**3. registration and its requirements, conclusion of the user contract**.
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3.1 Full use of the Platform, including within the scope of the License Agreement pursuant to Section 13, requires registration and the creation of a user account (hereinafter "**Account**").
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3.2 Registration as a company is only possible using the electronic form provided on the Platform (hereinafter "**Registration Form**"). To register, the Company must complete the registration form in full, stating its full name, a valid e-mail address and the creation of a password, and submit it by clicking on the button ["Register now free of charge"]. Before submitting the registration form, the Company may re-check all data previously entered by it and, if necessary, correct it by entering other data or delete the data entered in the respective input field.
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3.3 Registration is only possible if
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a. the company is subject to these general terms and conditions and
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b. has agreed to the data protection declaration.
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The registration form can therefore only be sent if the company has declared the aforementioned consent by ticking the appropriate box.
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3.4 Registration as a company is reserved only for entrepreneurs, legal entities and partnerships and may only be carried out by an authorised representative who must be named during registration.
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3.5 Each Company may register only once. One account must be created per company. An account is not transferable.
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3.6 After sending the registration form, Catch Talents will send the Company an automatic e-mail with a confirmation link (hereinafter "**Registration Confirmation**"). With the registration confirmation, the Company may also receive further information in text form. The registration confirmation represents the legally binding offer of Catch Talents to conclude a user contract in accordance with these GTC. The company can accept this offer by clicking on the confirmation link and logging onto the platform for the first time. The user contract (hereinafter "**user contract**") between the Company and Catch Talents is hereby concluded.
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3.7 In order to use the software, the Company must, upon request, supplement further information on the platform, which is provided in detail in the respective input forms.
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3.8 The Company shall be obliged to provide truthful and complete information on the information requested during registration and otherwise when registering and using the Software. Catch Talents must be informed immediately and unsolicited of any changes to the contact data (in particular the e-mail address used for registration) and other company data. The notification can be made by updating the corresponding information in the account. If this is not possible, the updated information can be sent to Catch Talents by e-mail to account.unternehmen@catch-talents.de .
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3.9 Catch Talents reserves the right, when registering or using the platform, to request further information from the company or information deviating from the provisions of this Section 2.3, as well as evidence for the purpose of verifying the information provided by a company, insofar as this is required by law. The same applies if there are justified doubts as to the completeness or correctness of the information provided by the company.
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3.10 There is no entitlement to the conclusion of a contract of use. Catch Talents reserves the right to refuse registration without giving reasons.
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**4. secrecy of access data**
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4.1 The Company is obliged to keep login data, passwords, etc. secret and not to pass on its access data to unauthorised third parties and to log off after each session. Declarations and actions that are made or committed after a login with the company's password and e-mail address may be attributable to the company even if it has no knowledge of them. An attribution shall be made in particular if the Company intentionally or negligently provides third parties with access to the password or the account. The company must inform Catch Talents immediately as soon as it becomes aware that the access data is accessible and known to unauthorized third parties.
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4.2 In the event of a justified suspicion that access data has become known to unauthorized third parties, Catch Talents is entitled but not obliged for security reasons to change the access data independently without prior notice or to block the use of the account at its own discretion. Catch Talents will inform the company of this immediately and will provide new access data within a reasonable period of time upon request. The Company has no right to demand that the original access data be restored.
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**5. account usage, sanctions and account blocking**
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5.1 Catch Talents has the right to irrevocably delete any content that violates the T&C, violates the applicable rules of courtesy, etiquette, objectivity and respect for each other, or is otherwise offensive and/or improper. In this respect, the company has no claim to the reinstatement of content that has already been deleted.
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5.2 If the Company violates these Terms and Conditions or any statutory provisions, Catch Talents may
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a. Modify or delete company content;
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b. Warn companies;
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c. Delete or temporarily disable job applications;
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d. restrict the use of the platform, in particular temporarily or permanently exclude a company from access to the platform or individual functions;
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e. terminate the user contract without notice;
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f. limit the time of the account or block it permanently;
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g. forbid the Company to re-register under his or another name after deleting his or her account.
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These sanctions may be imposed by Catch Talents without prior notice and without consulting the Company, even against the express will of the Company. Catch Talents will notify the Company of such sanctions by e-mail.
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5.3 Catch Talents may definitively exclude a company from the use of the Platform (permanent suspension) if, in particular
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a. false data has been provided or a required update of the data has not been carried out
has made;
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b. unauthorized transfer of his account or
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c. significantly damages other users/companies or Catch Talents, in particular by misusing the services of Catch Talents.
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A final blocking is also possible if there is another important reason.
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5.4 After a company has been blocked, there is no claim to the restoration of the blocked account. As soon as a company has been blocked, it may not log on with another account.
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**6. granting of rights of use**
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6.1 The Company grants Catch Talents a non-exclusive, unrestricted, worldwide, transferable and sublicensable right of use to all content (e.g. logos, images, videos, texts) (hereinafter "**Contents**") posted on the Platform by the Company. This includes in particular the right of reproduction, use, operation, copying, public presentation or display, distribution, modification, translation and creation of derived versions as well as the right of editing. In particular, Catch Talents is entitled to technically process, prepare and adapt the content in such a way that it can also be displayed on mobile receivers or in third-party software applications.
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6.2 The granting of rights of use ends when the company deletes its content or its account, unless the content has been shared with other users/companies and these have not deleted the content.
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6.3 The Company guarantees that it is the owner of the transferred rights and that it is possible for it to effectively grant the rights specified in Section 6.1. In addition, the Company guarantees that the content created or uploaded by it does not infringe any rights of third parties, in particular trademark rights, competition rights, copyrights, property rights or personal rights.
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**7. availability of the platform**
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Catch Talents offers the platform subject to availability. Catch Talents makes every effort to keep the Platform accessible at all times. Maintenance work, further development or disruptions may limit or temporarily interrupt the use of the platform. This may also result in data loss under certain circumstances.
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**8. term and termination of the contract of use**
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8.1 The user contract is concluded for an indefinite period of time.
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8.2 Catch Talents or the Company may terminate the User Agreement, subject to the following sentence, by giving 14 days' notice to the end of the month. If the User has concluded a license agreement pursuant to Section 13 prior to termination, the termination shall not become effective until the license agreement has been fully executed, cancelled, terminated or otherwise terminated. An e-mail to kuendigung.unternehmen@catch-talents.de, a written notification to Catch Talents or the deletion of the user account on the platform shall suffice for the declaration of termination. In the event of termination, the account will be maintained for as long as is necessary for the execution of the license agreement.
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8.3 The right to terminate for good cause remains unaffected.
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**9. limitation of Liability of Catch Talents**
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9.1 Subject to the other provisions of this Clause 9, Catch Talents shall only be liable if and to the extent that Catch Talents, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of Catch Talents' default in payment or Catch Talents' impossibility of performance for which Catch Talents is responsible, as well as in the event of a breach of material contractual obligations (so-called cardinal obligations), Catch Talents shall be liable for any culpable conduct of its own or that of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined abstractly as those obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the company may regularly rely.
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9.2 Except in cases of intent or gross negligence on the part of Catch Talents, its legal representatives, executives, employees or other vicarious agents, the liability of Catch Talents shall be limited in amount to the damage typically foreseeable at the time the contract was concluded.
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9.3 The exclusions and limitations of liability set forth in Clauses 9.1 and 9.2 above shall not apply in the event of express warranties being given, in the event of claims based on lack of warranted characteristics and for damages arising from injury to life, limb or health or in the event of mandatory statutory provisions. Furthermore, the limitations of liability set forth in Section 9.2 shall not apply in the event of default by Catch Talents on the part of the debtor to claims for interest on arrears, for a lump sum for default in accordance with § 288 (5) BGB (German Civil Code) and for compensation for damage caused by default, which is based on legal costs.
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9.4 Claims under the Product Liability Act shall remain unaffected by the provisions of this Section 9.
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**10. exemption**
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The Company shall indemnify and hold Catch Talents harmless from and against any and all third party claims, including, without limitation, claims for copyright and personal rights infringement, that may be asserted against Catch Talents in connection with the exercise of the rights hereunder. The Company shall also defend any unfounded claims of third parties with respect to the above rights. The Company must immediately notify Catch Talents of any impairments of the contractual rights of which it becomes aware. Catch Talents is entitled to take appropriate measures to defend itself against claims by third parties or to pursue its rights. The company must coordinate its own measures with Catch Talents in advance. The indemnity also includes the reimbursement of costs incurred by Catch Talents as a result of legal prosecution/defence. Further claims for damages by Catch Talents remain unaffected by this. Insofar as Catch Talents itself is responsible for the infringement, claims against the company are excluded.
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**11. exclusion of foreign general terms and conditions, language, applicable law, place of jurisdiction, place of performance**.
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11.1 The validity of the company's general terms and conditions of contract or business is expressly excluded. This shall also apply if Catch Talents has not expressly objected to the terms and conditions of the Company and/or provides services without objection.
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11.2 Registration and all contracts concluded between the Company and Catch Talents shall be exclusively in the German language. The language of the contract shall be German.
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11.3 These GTC and the contract of use governed by them shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
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11.4 If the User is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the registered office of Catch Talents shall be the exclusive place of jurisdiction for all legal disputes arising out of or in connection with these GTC. For the rest, the statutory places of jurisdiction shall apply.
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11.5 The place of performance for entrepreneurs within the meaning of § 14 para. 1 BGB is the registered office of Catch Talents.
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**12. amendment of these GTC**
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Amendments to these GTC require text form. There are no subsidiary agreements.
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**B. Special License Terms**
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**13. subject matter of the license agreement**
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The use of the platform with its complete functionality and the tool requires a separate license agreement (hereinafter "**license agreement**"). The object of this license agreement is the provision of the software for use in accordance with the scope described on the platform, in addition to the corresponding granting of rights of use to the software and the provision of storage space for the data generated by the company through the use of the software and/or the data required for the use of the software (hereinafter "**application data**") by Catch Talents against payment of the agreed fee.
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**14. conclusion of Contract, Delivery of the Software**
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14.1 The Company shall select one of the license offers shown on the Platform in type and scope (hereinafter "**License**").
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14.2 The presentation of the offers on the Platform does not constitute a legally binding offer, but only a non-binding invitation to the Company to submit a corresponding offer. The Company submits a binding contractual offer by successfully completing the booking procedure provided for on the Platform after logging into the Account. Catch Talents accepts the offer in text form.
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14.3 The respective license for the use of the software shall be automatically activated for the Company in the Account. The Company will also receive instructions in text form on how to implement the tool on the Company's website.
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**15. granting of rights**
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15.1 By entering into the License Agreement, Catch Talents grants the Company the non-exclusive, non-transferable, non-sublicensable, non-sublicensable right, limited in time and scope to the applicable license, to use the Software for the intended contractual purpose subject to the following terms and conditions.
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15.2 The Software shall not be physically transferred to the Company. The Company may only use the Software for its own business activities by its own personnel.
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15.3 The Company shall not be entitled to edit the Software, in particular to modify, translate, reverse engineer and further develop, decompile or disassemble and redesign it, unless there is a statutory basis for permission.
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15.4 Catch Talents remains the owner of all rights to the Software, even if the Company modifies the Software or connects the Software with its own programs or those of a third party.
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15.5 The Company may not transfer the Software or access to the Software to any third party without the permission of Catch Talents. In particular, it is not permitted to sell, lend, rent or sublicense the software or access to the software in any other way or to publicly reproduce or make the software accessible. The dependent use by the company's employees or other third parties subject to the company's right of instruction within the scope of the intended use is permissible.
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**16. trial version**
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16.1 Catch Talents shall make a limited version of the Software (hereinafter "**Trial Version**") available to the Company for testing purposes only once within the scope of the conclusion of the License Agreement, limited to the specified test period. The trial version can be activated at any time by purchasing a license as a full version of the software.
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16.2 Catch Talents grants to the Company a non-exclusive, unrestricted license to use the Trial Version, limited in time to the trial period specified on the Platform.
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16.3 Sections 15.2, 15.3, 15.4 and 15.5 shall apply accordingly to the trial version.
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**17. remuneration, terms of payment, prohibition of set-off**
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17.1 The current prices indicated on the Catch Talents platform shall apply. All prices are quoted in Euro and exclude sales tax.
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17.2 Payment of the remuneration shall be made in advance using the payment methods offered on the Catch Talents platform. Catch Talents reserves the right to exclude certain payment methods. All claims become due upon receipt of the invoice and are payable without deduction. The costs of money transfers shall be borne by the company.
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17.3 Offsetting by the Company is excluded unless the Company's counterclaim is undisputed or has been finally and conclusively established.
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**18. rights and obligations of the enterprise**
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18.1 Unless the Company is expressly granted rights under the License Agreement, all rights in the Software, including but not limited to copyright, rights in or to inventions, and technical rights, shall belong exclusively to Catch Talents.
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18.2 The Company shall obtain the necessary consent of the person concerned if it collects, processes or uses personal data when using the Software and if no statutory basis for permission interferes.
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18.3 Before sending data and information to Catch Talents and its servers, the Company shall check them for viruses and use state-of-the-art virus protection programs.
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**19. contract term, termination of the rental agreement**
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19.1 The contractual relationship begins with the acceptance of the offer by Catch Talents. The term of the license agreement corresponds to the terms of the respective license on the platform.
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19.2 The license agreement shall be extended by a further year if it is not terminated with a notice period of 3 months to the end of the respective term. An e-mail to kuendigung.unternehmen@catch-talents.de, a written notification to Catch Talents or the termination within the scope of the account on the platform is sufficient for the declaration of termination.
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19.3 The right of each party to extraordinary termination for good cause remains unaffected.
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**20. obligations during and after termination of the license agreement**.
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20.1 In the event of termination of the License Agreement, the Company shall remove all Application Data and destroy any backup copies made.
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20.2 Any use of the software after termination of the contractual relationship is prohibited.
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Status: July 2020
Datenschutz
We are pleased about your visit on our website. Data protection is very important to us and we want you to feel safe while visiting our website.
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You can therefore visit our website without disclosing your personal data. However, as soon as you make use of individual functions, services or offers on our website, personal data may be processed. We only collect, process and use personal data if you have consented to its collection, processing and use or if there is a corresponding legal basis.
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We reserve the right to change the data protection declaration at any time with effect for the future. The current version of the data protection declaration can be called up, saved and printed on our website at any time.
In the following, we will inform you in detail about the type, scope and purpose of the personal data collected, used and processed by us and inform you about the rights to which you as the person concerned are entitled.
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**1. name and address of the person responsible**
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The person responsible in the sense of the Data Protection Basic Regulation (DSGVO) and other national data protection laws of the member states as well as other data protection regulations is:
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Catch GmbH
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Vitalisstraße 67
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50827 Cologne
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datenschutz[at]catch-talents.de
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**2. name and address of the Data Protection Officer**
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The data protection officer of the person responsible is:
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Nina Hiddemann
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At the Roman Tower 1
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50667 Cologne, Germany
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datenschutz[at]hiddemann.de
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**3. access data in server logfiles**
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Each time you access our website, we automatically store access data in so-called server log files. This includes the date and time of access, the amount of data transferred and, if applicable, the name of the file requested, the browser used and its version, the operating system used, the IP address, the URL requested including subpages, the referrer URL (URL that you visited immediately before) and the provider making the request. The temporary storage of the IP address by the system is necessary to enable delivery of the website to your terminal device. For this purpose, your IP address must remain stored for the duration of the session. The legal basis for the temporary storage of your data and log files is Art. 6 para. 1 lit. f DSGVO. This data is used exclusively to ensure the permanent and trouble-free operation of the website and to improve the content of our website as well as for transmission to law enforcement authorities in the event of a cyber attack and to ensure the security of our information technology systems. These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO. An evaluation of your data for marketing purposes does not take place in this context. The data in the server log files are stored separately from all other personal data provided by you. The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of our website. Consequently, there is no possibility of objection.
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**4. use of cookies**
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In order to make visiting our website attractive and to enable the use of certain functions, we use so-called "cookies" on our website. These are small text files which are stored on your terminal device via a browser. Many cookies contain a so-called cookie ID. It consists of a string of characters through which websites and servers can be assigned to a specific browser in which the respective cookie was stored. At the end of the browser session, most of the cookies we use are deleted ("session cookies"). The permanent cookies ("persistent cookies"), on the other hand, remain on your end device.
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The following data is stored and transmitted in the cookies: Language settings, items in a shopping cart, log-in information, search terms entered, frequency of page views, use of website functions.
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Your data collected on our website will be pseudonymised by technical precautions. Therefore an allocation of the data to you is no longer possible. The data will not be stored together with other personal data. The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO. The purpose of using technically necessary cookies is to simplify the use of our websites for you (e.g. your shopping cart is saved). Some functions of our website cannot be offered without the use of cookies. For these it is necessary that your browser is recognized even after a page change. If cookies are not accepted or deactivated, the functionality of our website may be restricted. Analysis cookies are used for the purpose of improving the quality of our website and its content. The analysis cookies tell us how the website is used by you and enable us to continually optimise our services. Our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 lit. f DSGVO also lies in these purposes.
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Some third-party services integrated by us may use cookies. Please inform yourself about the respective functionality and data processing on the websites of the respective providers. The services we use can be found in this data protection declaration.
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Cookies are stored on your end device and transmitted to our website. You therefore have control over the use of cookies. You can set your browser so that you are informed about the setting of cookies and decide individually on their acceptance or exclude the acceptance of cookies for certain cases or generally or set so that the setting of cookies is prevented and therefore permanently contradict the setting of cookies. In addition, you can delete cookies that have already been set at any time via your browser. The transmission of Flash cookies cannot be prevented via the settings of your browser, but by changing the settings of the Flash Player. This also applies to all third party cookies listed below.
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**5. collection and use of data during registration**
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You have the possibility to register on our website and create an application. In this case, we collect the personal data that you voluntarily provide to us during your registration and the preparation of your application. Which data is collected can be seen from the respective input forms. Accordingly, the legal basis for processing your data is Art. 6 Para. 1 lit. b DSGVO.
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We only use the data provided by you to process the contract and provide our services within the scope of the contract. We may also pass on your data to one or more contract processors (e.g. parcel service providers or payment service providers) who also use your data exclusively for internal use on our behalf.
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We also store your IP address and the date and time of registration in order to prevent misuse of our website and the services offered on it and to clarify any criminal offences that may have been committed. The storage of this data is therefore necessary for our own security. The legal basis for the processing of personal data is Art. 6 para. 1 lit. f DSGVO. Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO also lies in the aforementioned purposes.
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These data will not be passed on to third parties unless there is a legal obligation to do so or the data is used for criminal prosecution.
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After complete completion of the contract or deletion of your account, your data will initially be blocked for further use and after expiry of the statutory period of use, your data will not be passed on to third parties.
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We will delete your data for a limited period of time unless you have expressly consented to the further use of your data or unless we reserve the right to use your data for other purposes which are permitted by law and about which we will inform you below.
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**6. collection and use of data when using our application tool**
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If you use our tool, you are responsible in relation to the respective applicant within the meaning of Art. 4 No. 7 DSGVO and you must, among other things, provide your
to fulfil information obligations under Art. 13, 14 DSGVO on their own responsibility. In this case, we are the processor. You can find our order processing contract [here].
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**7. Google Analytics**
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On our website we use Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google Analytics"). The information generated about your use of this website will generally be transmitted to and stored by Google on servers in the United States. The USA is an insecure third country. However, Google Inc. has voluntarily certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with EU data protection regulations. The legal basis for the processing of personal data is Art. 6 para. 1 lit. f DSGVO.
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Google Analytics uses methods that enable an analysis of your use of the website, in particular from which website you came to our website (so-called referrers), which subpage you access or how often and for how long you view a subpage. Google Analytics uses cookies for this purpose. Each time you visit a page on our website on which Google Analytics has been integrated, your browser on your terminal device is automatically prompted to transmit data to Google Analytics for analysis purposes.
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By activating IP anonymisation on our website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The anonymous IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
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Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on activities within this website and to provide us with other services relating to the use of this website and the Internet. These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Pseudonymous user profiles can be created from the processed data.
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You can prevent the collection by Google of the data generated by the cookie and related to your use of our website (including your IP address) and the processing of this data by Google by downloading and installing the browser add-on available under this link http://tools.google.com/dlpage/gaoptout?hl=de. The installation of the browser add-on is regarded by Google as an objection. As an alternative to the browser plug-in or within browsers on mobile devices, please click this link to object to the collection and use of your data by Google Analytics with effect for the future. An opt-out cookie is stored on your end device. If you delete your cookies, you must click the link again. The terms of use and privacy policy of Google and Google Analytics can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. respectively.
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**8. integration of Youtube**
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This website uses the Youtube embedding feature to view and play videos from "Youtube", a provider owned by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google LLC, located in the United States, is certified under the us European Privacy Shield Agreement, which ensures compliance with EU privacy standards. The legal basis is Art. 6 para. 1 lit. f DSGVO (justified interest).
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We use the extended data protection mode which, according to the provider, only initiates the storage of user information when the video(s) is/are played. If the playback of embedded Youtube videos is started, the "Youtube" provider uses cookies to collect information about user behaviour. According to information provided by "Youtube", these cookies serve, among other things, to collect video statistics, improve user-friendliness and prevent abusive practices. If you are logged in to Google, your information will be directly associated with your account when you click on a video.
For more information, please visit https://www.google.com/policies/privacy/
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We use YouTube to make our offer more user-friendly. This is also our legitimate interest, which outweighs the rights and freedoms of the user.
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If you do not wish your profile to be assigned to YouTube, you must log out before activating the button. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.
You can also use the following opt-out:
https://adssettings.google.com/authenticated.
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**9. integration of Google reCaptcha**
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To protect their orders via Internet form uses the service reCAPTCHA of the company Google Inc. (Google). Google LLC, headquartered in the USA, is certified for the us European Privacy Shield Agreement, which guarantees compliance with the data protection level applicable in the EU.
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The query serves to differentiate whether the input is made by a human being or whether it is misused by automated, mechanical processing.
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The query includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose your input will be transmitted to Google and used there. By using reCaptcha, you agree that the recognition you provide will be incorporated into the digitisation of old works. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google in advance within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha is not merged with other data from Google. These data are subject to the differing data protection regulations of Google. You can find more information about Google's privacy policy at :
https://www.google.com/intl/de/policies/privacy/.
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The legal basis is Art. 6 para. 1 lit. f DSGVO.
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We use Google's services to distinguish between input by a natural person and misuse by automatic and automated processing. This is also our legitimate interest, which outweighs your interests as a user.
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Further information on Google reCAPTCHA and Google's privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/
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**10. integration of contents of third parties**
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We may include third-party content on our website, such as Google Maps and Apple Maps maps, RSS feeds or graphics from other websites/providers. To view this content, you must transfer your IP address to the third party provider. Therefore, when you visit our website, your browser establishes a direct connection with the servers of the respective third party provider. Your browser is automatically prompted by the content embedded on our site to download a representation of the third party's component. As part of this technical process, the third party provider obtains knowledge of which specific subpage of our website you are visiting. Unfortunately, we have no influence on whether the third party provider collects or stores the IP address for other purposes than simply displaying the content. If we become aware of such use, we will inform you about it in this data protection declaration.
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**11. email and contact form**
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Due to legal requirements, we provide information on our website that enables us to be contacted quickly and electronically and to communicate directly with you. This includes both our email address and our contact form. If you contact us by e-mail or via our contact form, the personal data you provide will be stored automatically. The other personal data processed during the establishment of contact serve to prevent misuse of the contact form and to ensure the security of our information technology systems. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Para. 1 lit. f DSGVO. If the purpose of establishing contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
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We use the personal data provided by you exclusively for processing your specific enquiry. The data provided will always be treated confidentially. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation ends when the circumstances indicate that the matter in question has been conclusively clarified. You can revoke your consent to the processing of your personal data at any time. If you contact us, you can object to the storage of your personal data at any time. In such a case the conversation cannot be continued.
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**12. payment service PayPal**
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We have commissioned PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), with the handling of our payment process (PayPal, Giropay, instant bank transfer, SEPA direct debit).
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If you select "PayPal" as the payment option on our website during the ordering process, your data will be automatically transmitted to PayPal. By selecting one of these payment options, you consent to the transfer of your personal data as described below. We transmit PayPal's first name, surname, address, date of birth, gender, email address, IP address, telephone number, mobile phone number and other data necessary for payment processing. For the processing of the payment also such personal data are necessary, which stand in connection with your respective order. In particular, there may be a mutual exchange of payment information such as bank details, card number, expiry date and CVC code, number of articles, article number, data on goods and services, prices and tax charges, information on previous purchasing behaviour or other information on your financial situation. The purpose of the data transfer is to process payments and prevent fraud. We will transfer personal data to PayPal in particular if there is a legitimate interest in the transfer. Legal basis for the processing of your data for payment processing is Art. 6 para. 1 lit. b DSGVO. The personal data exchanged between PayPal and us are transmitted by PayPal to credit agencies. The purpose of this transmission is to check identity and creditworthiness. PayPal also passes on the personal data to affiliated companies (PayPal Group) and service providers or subcontractors, insofar as this is necessary to fulfil the contractual obligations or the data is to be processed on behalf. You have the option to revoke your consent to PayPal handling your personal data at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing. For further information on data protection, including the credit bureaus used, please refer to PayPal's data protection principles at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
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**13. data security**
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We secure our website and other systems by numerous technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Despite regular checks, however, complete protection against all dangers is not possible and cannot be granted by us. For this reason, you are free to transmit your personal data to us at any time by other means, for example by telephone or post.
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**14. Legal Basis for the Processing of Personal Data**
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Insofar as we obtain your consent for the processing of personal data, Art. 6 para. 1 lit. a DSGVO serves as the legal basis for the processing of personal data. Art. 6 para. 1 lit. b DSGVO serves as the legal basis for the processing of personal data required for the fulfilment of a contract to which you are a party. This also applies to processing operations that are necessary to carry out pre-contractual measures. If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis. In the event that your vital interests or the vital interests of another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if your interests, fundamental rights and fundamental freedoms do not outweigh the former, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.
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**15. legitimate interests in the processing**
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If the processing of your personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest, unless otherwise stated, is the conduct of our business. In addition, we have stated our purposes and interests within the framework of the above list of processing in each case.
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**16. data deletion and storage duration**
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Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies or you revoke your consent. In addition, your personal data may be stored if the European or national legislator has provided for this in EU ordinances, laws or other regulations to which the person responsible is subject. If the storage purpose ceases to apply, if you revoke your consent or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions, unless there is a necessity for further storage of the data for the conclusion of a contract or fulfilment of a contract.
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**17. right of information**
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You also have the right at any time to receive from us free information about the personal data stored about you and a copy of this information. You also have the right to receive the following information:
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- the processing purposes,
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- the categories of personal data to be processed,
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- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations,
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- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,
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- the existence of a right to the rectification or erasure of personal data concerning him or her or to limitation of the processing carried out by the controller
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- or a right to object to such processing,
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- the existence of a right of appeal to a supervisory authority,
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- if the personal data are not collected from the data subject: all available information on the origin of the data as well as,
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- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
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You also have the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, you also have the right to obtain information on the appropriate guarantees in connection with the transfer.
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**18. right of rectification**
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You have the right to request the immediate rectification and/or completion of any inaccurate or incomplete personal data concerning you. We must carry out the rectification without delay.
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**19. right to limit the processing**
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You have the right to demand that we restrict processing if one of the following conditions is met:
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- The accuracy of the personal data is contested by the data subject for a period of time which enables the data processor to verify the accuracy of the personal data.
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- The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
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- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
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- The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
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If the processing of personal data concerning you has been restricted, such data - apart from their storage - may only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the processing restriction has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
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**20. right to cancellation**
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You have the right to demand that we delete your personal data immediately if one of the following reasons applies and if processing is not necessary:
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- The personal data has been collected for such purposes or processed in any other way for which it is no longer necessary.
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- The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
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- The data subject objects to the processing pursuant to Art. 21 para. 1 DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Art. 21 para. 2 DS Block Exemption Regulation.
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- The personal data have been processed unlawfully.
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- The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
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- The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
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If the personal data have been made public by us and we are obliged to delete the personal data in accordance with Art. 17 para. 1 DS-GVO, we shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested these other persons responsible for data processing to delete all links to these personal data or copies or replications of these personal data, insofar as the processing is not necessary. The right to deletion does not exist insofar as processing is necessary:
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- to exercise the right to freedom of expression and information;
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- to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
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- for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
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- for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under section a) presumably makes it impossible or seriously impairs the attainment of the objectives of such processing, or
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- to assert, exercise or defend legal claims.
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**21. right to information**.
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If you have asserted the right to correction, deletion or limitation of processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction or deletion or limitation of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed of such recipients.
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**22. right to data transferability**
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You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another data controller without being hindered by us, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority which has been entrusted to us. Furthermore, when exercising your right to data transferability pursuant to Art. 20 (1) DSGVO, you have the right to obtain that the personal data is transferred directly by us to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons. The right to data transfer does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority assigned to the person responsible.
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**23. right of appeal**
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You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 letters e or f DS-GVO. This also applies to profiling based on these provisions.
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In the event of objection, we will no longer process the personal data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims. If we process your personal data for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If you object to our processing for direct advertising purposes, we will no longer process your personal data for these purposes. You also have the right to object to the processing of your personal data relating to you by us for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest. You can contact us at any time to exercise your right to object. You are also free to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.
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**24. right to revoke consent under data protection law**
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You have the right to revoke your consent to the processing of personal data at any time. The revocation of your consent does not affect the legality of the processing that took place on the basis of your consent until you revoke your consent.
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**25. right to automated decisions in individual cases including profiling**
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You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect against you or which similarly significantly affects you, provided that the decision
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- is not necessary for the conclusion or performance of a contract between you and us or
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- is permitted by the laws of the Union or of the Member States to which we are subject and those laws contain adequate measures to safeguard your rights and freedoms and your legitimate interests, or
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- with your explicit consent.
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If the decision
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- necessary for the conclusion or performance of a contract between you and us or
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- where we do so with your express consent, we will take reasonable steps to protect your rights and freedoms and your legitimate interests, including, as a minimum, the right of us to obtain the intervention of any person, to state our point of view and to challenge the decision.
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**26. existence of automated decision making**
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We do not perform automatic decision making or profiling.
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**27. right to appeal to a supervisory authority**
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Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO. The supervisory authority with which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.
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Status: July 2020
