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General Business Terms and Conditions

1. Scope of application

1.1 These General Business Terms and Conditions (hereinafter referred to as "GBTC") are valid for all products and services (hereinafter referred to as "services") provided and rendered by Schutz Marken Dienst GmbH and/or SMD Benelux B.V. (hereinafter together referred to as "SMD"). These GBTC are in particular valid for all services rendered by SMD under the following signs: SMD Group, SMD International, SMD-Shop, SMD i-Search, SMD Cedelex, SMD Country Index, SMDNET, SMD Markeur, Markonet, Markencheck 24, Slogany.

1.2 These GBTC are valid for all business relations between SMD and customers (hereinafter referred to as "customer"). These GBTC are only valid in case the customer is an undertaking (Section 14 German Civil Code, BGB), an entity under public law or separate funds under public law.

1.3 These GBTC apply in their current version as a framework agreement for future contracts for the provision of services with the same customer, without SMD in each individual case again having to refer to them; the customer will be informed immediately in case of modifications of these GTC.

1.4 These GBTC apply exclusively. Differing, conflicting or additional terms and conditions of the customer shall only become part of the contract after SMD has agreed to their validity in writing. This requirement of approval applies in any case; for example, even if SMD provided services to the customer without reservation though in knowledge of the terms of the customer.

1.5 Individual agreements between SMD and the customer (including collateral agreements, supplements and amendments) in any case take precedence over these GBTC. A written contract or written confirmation of SMD is authoritative for the content of such agreements.

1.6 Legally relevant declarations and notifications that are to be issued after conclusion of the contract by the customer against SMD (eg setting deadlines, notification of defects, notice of cancellation or reduction) shall be effective only in writing.

1.7 References to the application of statutory provisions are made for clarification purposes. Therefore, the statutory provisions apply even without such clarification, insofar as they are not directly modified in these GBTC or expressly excluded.

2. Placing of orders

2.1 The offers of SMD are non-binding, without obligation and subject to confirmation. The commissioning of services (placing an order) by the customer is considered a binding contract offer. The commissioning can be made orally, in writing, by fax, e-mail, by SMD online order forms or via the SMD-Shop (www.smd-shop.com). Transmission errors and inconsistencies are to be borne by the customer. A contract between SMD and the customer shall not be deemed binding until SMD has confirmed to the customer that the latter's order has been accepted (the order confirmation) or until fulfilment.

2.2 Orders that are placed via SMD online order forms must be confirmed manually by SMD and are not considered confirmed on the basis of automatically generated e-mails to the customer. Orders that were placed via SMD online order forms may be cancelled by the customer within one hour from the placing of the order (submitting the order form). After this time, SMD reserves the right to process the order at the expense of the customer to the conditions listed in the automatically generated e-mail.

3. Contracting parties

Contracting party, i.e. customer, is solely the immediate authority commissioning the service, even if the order was placed on behalf of a third party. The duty of the customer to pay the invoice amount remains unaffected by the fact that the invoice is issued in the name of respectively made out to a third party.

4. Services

4.1 SMD provides services in the field of intellectual property rights, in particular searching and watching services. SMD does not provide legal services, especially not legal advice.

4.2 The customer acknowledges and agrees that searching and watching services for industrial property rights are highly subjective. The customer further acknowledges and agrees that computer and telecommunications systems are not fault-free and that occasional failures occur. SMD cannot ensure that the services will be permanently uninterrupted, timely, secure or error-free.

4.3 SMD performs services solely according to the customer's specifications. The customer is responsible for timely providing the information that SMD needs or reasonably requests for the implementation of the contract and for carrying out the service.

4.4 The customer shall have exclusive responsibility for the proper evaluation of the services of SMD, especially the search reports and watching results, and the information contained therein.

4.5 SMD does not warrant in any way that the services provided and the information supplied are suitable for the specified purposes intended by the customer.

4.6 SMD does not warrant and is not responsible for completeness and accuracy of data which is used for SMD services and which is retrieved from various Patent, Trade Mark and Copyright Offices, their databases and publications, or other data sources of third parties, which are nor subject to the sole control by SMD. This applies in particular to translations of goods and services.

4.7 SMD reserves the right to change, extend, limit or discontinue a service or parts thereof at any time.

4.8 SMD is entitled to transfer all or any part of the obligations and rights of a contract to one or more third parties or to assign the obligations and rights in a different way to third parties.

5. Turnaround time

5.1 The generally published processing times, whether printed or electronic (for example, price lists or in the SMD-Shop), are not binding and may be changed by SMD at any time.

5.2 The processing time of the contracted service is determined according to the order confirmation. The processing time in the order confirmation may differ from the processing times generally published. The processing times specified in the order confirmation shall prevail.

5.3 The processing time is calculated according to working days, unless otherwise specified in the individual case. The processing time starts regularly with the working day following the date of placing the order, provided that the order is placed on a working day until 4 p.m.

5.4 Upon the occurrence of force majeure, labor disputes or operational disruptions not directly attributable to SMD, the processing time may be longer. National and international legal holidays and changes in opening times of trademark and patent offices may also lead to an extension of the processing time. In these cases, SMD will notify the customer immediately.

5.5 Should SMD default on a delivery or performance of a service due, the customer shall be entitled to withdraw from the contract only after the customer has set SMD a reasonable period to perform. Section 10 of these GBTC applies to customer's compensation claims.

6. Prices

6.1 The generally published prices, whether printed or electronic (for example, price lists or in the SMD-Shop), are not binding and may be changed by SMD at any time.

6.2 The price of the contracted service is determined according to the order confirmation. The price in the order confirmation may differ from the prices generally published. The prices specified in the order confirmation shall prevail.

6.3 Unless expressly provided for otherwise, all prices are quoted in Euro excluding value added tax and transfer costs or other expenses (e.g. postage, bank transfer fee).

7. Payment

7.1 Invoices are usually issued upon completion of an order. Invoices are sent by ordinary mail or by email as PDF documents.

7.2 Invoices are payable without deduction within 14 days of issue date, unless provided for otherwise.

7.3 Invoices for customers abroad either include a nominal fee for bank transfer cost or are net and have to be settled free of all deductions.

7.4 SMD reserves the right to suspend all services ordered by the customer in the event of payment delays relating to a service ordered by the customer until payment is received in SMD. The objection of uncertainty in accordance with § 321 German Civil Code (BGB), in particular, remains unaffected.

8. Termination

8.1 Notwithstanding any other termination of their rights either party may terminate the contract for cause in writing. Good cause exists in particular if the customer is in default of payment of an invoice due and does not pay after a reasonable extension of time or the customer comes into financial collapse after the contract has been concluded, unless application for the opening of insolvency proceedings has been filed. Good cause also occurs in the person of SMD if a third party that is a competitor of SMD acquires control over the customer. A good cause lies in the person of SMD also if the customer violates intellectual property rights of SMD.

8.2 Watching services for trademarks protected in Germany (national watching services) can be terminated at the end of each quarter upon 2 weeks' written notice.

8.3 Termination of watching services outside Germany (international watching services) shall be notified in writing at the latest by October 15th of a year.

8.4 Termination of the service SMD Cedelex shall be notified in writing at the latest by September 30th of a year.

8.5 In the absence of written termination, watching services as well as SMD Cedelex services will be automatically prolonged for another year.

8.6 For the rest, for the term for services that are commissioned for a certain minimum duration, each prolong by one year after the expiry of the minimum term, if they are not cancelled in writing with 30 days' notice before the end of the relevant period.

9. Ensuring of services

9.1 The liability of SMD for material and legal defects is governed by the statutory provisions, if not provided for otherwise herein. The provisions of Section 10 of these GBTC apply to warranty claims of the customer, which are directed to damages or the reimbursement of wasted expenditure.

9.2 SMD will use commercially reasonable efforts to perform the services in accordance with applicable industry standards. SMD performs services using personnel with appropriate qualifications and expertise.

9.3 SMD will use commercially reasonable efforts to improve the service or to render the service again, provided that the customer notifies SMD in writing within 30 days upon receipt of the service that SMD has not complied with Section 9.2.

9.4 The warranty period is limited to one year from receipt of the service. This does not apply if and to the extent that SMD has fraudulently concealed a defect. This also does not apply to claims for damages or reimbursement of expenses pursuant to Section 10 of these GBTC or recourse claims pursuant to §§ 478, 479 BGB and not in the case of § 438 paragraph 1 no. 2 BGB and § 438 paragraph 1 no. 1 lit. a BGB.

10. Liability

10.1 SMD assumes liability for intent, gross negligence, and in the case of the assumption of a guarantee. In the event of minor negligence SMD only assumes liability for damages caused by material breach of duty jeopardizing the purpose of the contract, or for breach of duty the performance of which is a prerequisite for proper performance of the contract.

10.2 The limitation of liability according to Section 10.1 also extends to claims for damages arising due to fault on the conclusion of a contract and can therefore be accompanied by the renunciation of claims already arisen.

10.3 The limitation of liability according to Section 10.1 also extends to damages caused by a legal representative or agent of SMD.

10.4 The liability for minor liability is further limited to damage foreseeable and typically occurring under the type of contract. This is also the case in the event of gross negligence of a vicarious agent ("einfache Erfüllungsgehilfen", thus not a legal representative or senior employee).

10.5 In cases foreseen in Section 10.4 SMD's liability for damages in property shall be limited to an amount which shall under no circumstances exceed the amount of five times the net price of the order per damaging event.

10.6 In cases foreseen in Section 10.4 SMD shall not be liable for consequential damages, such as, in particular, loss of profit or business disruption.

10.7 Sections 10.1 - 10.6 do not provide for a reversal of the burden of proof to the detriment of SMD.

10.8 Except in the event of liability according to the Product Liability Act (Produkthaftungsgesetz), loss of life, injury to body or mind, defects arising after assumption of a quality guarantee or in the event of maliciously concealed errors, the above limitations shall be valid for all damages claims irrespective of their legal justification.

10.9 The above limitations of liability extend to employees and agents ("Beauftragte") of SMD.

10.10 SMD does not assume any responsibility for any damages arising from the further processing of the information supplied by SMD to the customer.

11. Services with the participation of third parties (in particular i-Search)

11.1 In case of services that are provided with the participation of third parties and in the event and to the extent that the customer is entitled to claims against the third party, regardless of claims against SMD, the customer is first required to assert his claims against the third party. Until this is done, SMD may refuse to credit the warranty claims of the customer. The customer is not obliged to take legal action against the third party.

11.2 Legal assessments as part of the service SMD i-Search are provided by independent external law firms and legal professionals as third parties and are based on the experience and knowledge of the respective author. The customer authorizes SMD by commissioning an i-Search service to liaise with these third parties and to exchange information in order to obtain the legal assessment from the external law firms and legal professionals for the customer. SMD only forwards the legal evaluations of these third parties to the customer. The responsibility of SMD is limited to carefully select these third parties and to conscientiously pass on the necessary information for assessment to these third parties. The legal assessment is subject to the liability provisions of the respective external law firms and legal professionals.

12. Transfer of rights

The customer is not entitled, without the permission of SMD, to transfer any or all rights arising out of his agreement with SMD to third parties. Counterclaims can only be instituted and payments be retained in instances where claims against SMD are undisputed or subject of final judicial decision.

13. Intellectual property

13.1 All rights to information and services are reserved.

13.2 All services are rendered only for the customer's own use, respectively for the use of the customer's own client.

13.3 In the event that the customer acts for a third party, the customer is entitled to transmit the data once and to this client only. Duplication, circulation, and reproduction for commercial purposes are prohibited. In particular, the customer is bound not to use the information obtained from SMD in relation to services competing with those of SMD.

13.4 In the event that the customer is an intermediary, the customer is bound to impose these obligations on third parties. The customer undertakes to indemnify SMD against any liability resulting from the customer's failure to observe these obligations.

14. Data protection and confidentiality

Your personal data is processed in compliance with Art. 6 GDPR. Detailed information on the subject of data protection can be found in our Privacy Notice.

15. Place of performance and jurisdiction

15.1 The place of performance for services rendered by Schutz Marken Dienst GmbH is Ahrensburg. The laws of Germany shall be the exclusive legal basis for the relationship with the customer. The application of international uniform law, in particular the reference standards and the UN Sales Convention (CISG) is excluded.

15.2 The legal venue for all law suits arising from this agreement between Schutz Marken Dienst GmbH and general merchants as well as persons who have changed their residence or usual place of abode out of the jurisdiction of the Code of Civil Procedure, shall be Hamburg.

15.3 The place of performance for services rendered by SMD Benelux B.V. is Amersfoort. The laws of The Netherlands shall be the exclusive legal basis for the relationship with the customer. The application of international uniform law, in particular the reference standards and the UN Sales Convention (CISG) is excluded.

15.4 The legal venue for all law suits arising from this agreement between SMD Benelux B.V. and general merchants as well as persons who have changed their residence or usual place of abode out of the jurisdiction of the Dutch Civil Code (Burgerlijk Wetboek) shall be Utrecht.

16. Enforceability

16.1 A written agreement shall be required to prove the content of changes, additions, and ancillary to the contract. The same applies to the evidence of an agreement amending sentence 1 herein. In particular, contradictory General Terms and Conditions and declarations of the customer will only apply by express written agreement.

16.2 Should individual provisions of these GBTC be found in whole or partially invalid or unenforceable, then the validity of the remaining provisions shall not be affected. A resulting gap is to be closed according to the intention and purpose of the contract and these provisions.

Privacy Notice

The following Privacy Notice is effective for the use of our online services

- www.smd-group.info

- www.smd-benelux.com

- www.i-search.biz

- www.tmzoom.com

- www.cedelex.de

- www.markonet.eu

- www.markonet.de

- www.markencheck24.com

- www.markenfacts.de

- www.slogany.de

- www.marken-bewertung.de

- www.work-ip.com

- www.schumadi.de

- www.smd-shop.com

(hereinafter "Web Site").

We value data privacy highly. The collection and processing of your personal data is done in line with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

1. Controller

Controller for the collection, processing and usage of your personal data according to article 4 no. 7 GDPR is

Schutz Marken Dienst GmbH

Manhagener Allee 76a

22926 Ahrensburg

Germany

Telephone: +49-4102-8048-0

Email: mail@smd-group.info

If you would like to object to the collection, processing or usage of your personal data, in accordance with this Privacy Policy, in full or in part, then you can send your objection the Controller.

You can save and print this Privacy Notice at any time.

2. General Purpose of Processing

We use personal data for the purpose of running the Web Site, as well as, if you have contacted us beyond merely visiting our Web Site, for the purpose of maintaining contact with you.

3. What data is being used any why

i. Hosting

We use and provide hosting services for the purpose of providing the following services: infrastructure and platform services, processing capacity, data storage capacity and database services, security services as well as technical maintenance services, which we employ for the purpose of maintaining the Web Site.

We process stock data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors of the Web Site on the basis of our legitimate interest in an efficient maintenance of our Web Site, according to article 6, paragraph 1, 1 f) GDPR together with article 28 GDPR.

ii. Access data

We collect information about you, when you use the Web Site. We automatically collect information about your usage and your interaction with us and save data about your computer or mobile device. We collect, store and use data about every access to our Web Site (so called server log files). Among the data are:

- Name and URL of the accessed file

- Date and time of the access

- Amount of data transferred

- Notices of successful transfer (HTTP response code)

- Browser type and browser version

- Operating system

- Referrer URL (the web site visited prior to visiting our Web Site)

- Web sites, which were accessed by the user through our web site

- Internet service provider of the user

- IP address and provider

We use these log protocol data without association to your person and without any other profiling, for statistical analysis for the purpose of maintenance, security and optimization of our Web Site, as well as for the purpose of anonymous collection of the number of visitors to our Web Site (traffic), the amount and type of usage of our Web Site and services. Based on this information we can provide personalized and localized content and analyze, debug and improve our services.

This is also our legitimate interest according to article 6, paragraph 1, 1 f) GDPR.

We reserve the right to subsequently check the protocol data, if based on concrete evidence there is a justified suspicion of unlawful usage. IP addresses are saved for a limited time in the log files, where this is necessary for security reasons or for the purpose of providing our billing a service, e.g. if you are using one of our service offers. If the order process is aborted, or payment received, we delete the IP address, if it isn’t required for security reasons any more. We also store IP addresses where there is concrete suspicion of a criminal act in connection with the usage of our Web Site. Furthermore, as part of your account details, we save the date of your last visit (e.g. upon registration, login, etc.).

iii. Cookies

We use so called session cookies in order to optimize our Web Site. A session cookie is a small text file, which is sent by the respective servers upon visit of an internet page, and stored on your hard drive temporarily. This file contains a so called session ID, which is used to associate multiple requests sent by your browser to a single session. This way your computer or device is recognized when you return to our Web Site. These cookies are deleted, as soon as you close your browser. One typical use of these cookies is to allow you to keep the shopping basket across multiple pages.

To a lesser extent we also use persistent cookies (also small text files which are saved on your computer or device). These remain on your hard drive and allow us to recognize your browser the next time you visit. The cookies will be deleted automatically after a predefined period of time. The duration can vary from 1 month to 10 years. The persistent cookies allow us to make our Web Site more user friendly, effective and secure. They allow e.g. an automatic login on subsequent visits.

Our legitimate interest according to article 6, paragraph 1, 1 f) GDPR to use cookies lies in the fact that they allow us to make our Web Site more user friendly, effective and secure.

The following data is generally stored in cookies:

- Login information

- Language settings

- Search terms used

- Information about the number of visits to our Web Site and usage of specific functions

Upon activation of a cookie, it is assigned an ID; your personal data is not associated with this ID. Your name, your IP address and similar data, which would allow an association of the cookie to you personally, is not being saved in the cookie. The cookie technology only provides us anonymized information, e.g. which pages of our shop have been visited, which products viewed etc.

You can adjust the settings of your browser so that you will be informed in advance of the placement of cookies and be able to decide, whether you would like to disallow the placement of a cookie for certain cases. You can even disallow the placement of cookies completely. The functionality of the Web Site may be affected by this.

iv. Data for the purpose of fulfilling contractual obligations

We process personal data which we require to fulfil our contractual obligations, such as the name, address, email address, ordered products, accounting and payment data. This data is necessary for the contractual purposes.

This data is deleted once the period of warranty as well as statutory periods of safekeeping have passed. Data associated with a user account (see below) is in all cases stored for the time that the account is maintained.

The legal basis for this processing of data is article 6, paragraph 1, 1 b) GDPR, because this data is required in order to fulfil our contractual obligations towards you.

v. User account

You can create a user account on our Web Site. If you want to create an account, we need the personal data requested at the account creation. At later logins, only your user name and the chosen password are needed.

Upon account creation, we request basic data (e.g. name, address) and communication data (e.g. email address), as well as login data (user name, password).

In order to ensure your valid registration, and in order to prevent unauthorized registrations by third parties, you will receive an email after registration with an activation link, in order to activate your account. Only when registration is complete, will we store your personal data permanently in our system.

You can request at any time the deletion of a user account that you have created. A text message to the contact details mentioned under number 1 is sufficient. We will then delete your personal data, unless we need it to process ongoing orders or due to statutory periods of safekeeping.

The legal basis for this processing of data is your consent according to article 6, paragraph 1, 1 a) GDPR.

vi. Newsletter

In order to sign up for our newsletter, the data requested in the signup process is required. The signup for the newsletter is stored. Once you’ve signed up, you will receive an email requesting confirmation of the signup ("Double Opt In"). This is necessary to prevent third parties from signing up with your email address.

You can at any time withdraw your consent to receiving the newsletter, thereby cancelling your newsletter signup.

We store the signup data for as long as it is needed for sending the newsletter. The protocol of the signup process together with the email address is stored as long as we have a legitimate interest in being able to prove the initial consent. Usually, this relates to statutory periods of limitation, e.g. 3 years.

The legal basis for sending the newsletter is your consent according to article 6, paragraph 1, 1 a) GDPR in conjunction with article 7 GDPR. Legal basis for saving the signup protocol is our legitimate interest in proof of consent.

You can cancel your signup at any time. A text message to the contact details mentioned under number 1 is sufficient. Of course you will also find an "unsubscribe" link in each newsletter.

vii. Product recommendations

Independent of our newsletter we regularly send you product recommendations via email. This way we provide you with information about products and services from our array, which you might be interested in, based on your previous orders of products and services. We do this strictly in accordance with existing law. You can object to our sending of product recommendations to you at any time. A text message to the contact details mentioned under number 1 is sufficient. Of course you will also find an "unsubscribe" link in each product recommendation.

Legal basis for this is the statutory permission according to article 6, paragraph 1, 1 f) GDPR.

viii. Email contact

If you contact us (e.g. via a contact form or via email), we process your data in order to process your request/message, and also in case of follow-up questions.

If the data processing following your contact to us is done as actions preceding a contract, or if you are a customer of ours, the legal basis for the data processing is article 6, paragraph 1, 1 b) GDPR.

We only process further personal data if you give your consent (article 6, paragraph 1, 1 a) GDPR) or if we have a legitimate interest in processing your data (article 6, paragraph 1, 1 f) GDPR). A legitimate interest may be e.g. to reply to your email.

4. Google Analytics

We use Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so called cookies, text files, which are stored on your computer or device, and which allow analysis of the usage of the Web Site by you. The information created by the cookie about the usage of the Web Site by the visitor are generally transferred to a server by Google in the USA and stored there.

This is also a legitimate interest of ours according to article 6, paragraph 1, 1 f) GDPR.

Google has submitted and certified to the EU-US Privacy Shield framework. Google is thereby required to adhere to the standards and policies of European data privacy law. You can find further information under the following link: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

The IP address transferred by your browser in the Google Analytics process is not linked with other data by Google. You can prevent the storage of the cookies with the help of specific settings in your browser. We advise you, however, that in this case you may not be able to use the full functionality of the Web Site.

Additionally, you can prevent the transfer of the data created by the cookie about your usage of the Web Site (including your IP address) to Google, as well as the further processing of this data by Google, by downloading and installing the browser plugin found under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plugin, or for browsers on mobile devices, you can click the following link, in order to set an "opt out cookie". This cookie will prevent the collection of data by Google Analytics for your usage of our Web Site in the future (this "opt out cookie" only works in this browser and for this domain; if you delete cookies from your browser, you need to click the link again): Deactivate Google Analytics

5. Duration of storage

Unless otherwise specifically noted we store personal data only for as long as it is required to fulfil the respective purposes.

In some cases the legislators requires the storage of personal data, e.g. in tax and trade law. In these cases, we store the data only for these statutory purposes, don’t process them further and delete them once the statutory period of safekeeping has expired.

6. Your rights

According to the applicable laws and regulations, you have different rights in relation to your personal data. If you would like to exercise these rights, you can address your request via email or mail to the contact listed in number 1, while clearly identifying your person.

Below you can find an overview of your rights.

i. Right of confirmation and disclosure

You have the right to receive a clear disclosure of the processing of your personal data.

In detail:

You have at any time the right to receive a confirmation from us on whether we are processing personal data concerning you. If this is the case, you have the right to receive a free disclosure from us of all personal data we have stored regarding you. Additionally you have a right to the following information:

- the purposes for processing

- the categories of data that are being processed

- the recipients or categories of recipients to whom personal data has been made available, in particular in third party countries and international organizations

- if possible, the planned duration for which personal data is being stored, or, if this is not possible, the criteria for determining this duration

- the existence of the right of correction and deletion of personal data relating to you, or of limitation of processing by the controller, or of the right of objection to the processing

- the existence of a right of appeal to the controlling authority

- if the personal data was not collected from you, information about the origin of the data

- the existence of automated decision making, including profiling, according to article 22 paragraphs 1 and 4 GDPR and – at least in these cases – clear information regarding the logic involved as well as the scope and intended consequences of such processing for you

If personal data is transmitted to third party countries or international organizations, you have the right to be informed of the appropriate guarantees according to article 46 GDPR in relation to this transmission.

ii. Right of correction

You have the right to request correction and completion of the personal data regarding you.

In detail:

You have the right to request immediate correction of incorrect personal data regarding you. Taking into consideration the purpose of the processing, you have the right to request completion of incomplete personal data regarding you, including via an additional statement.

iii. Right of deletion ("Right to be forgotten")

In a number of cases we are required to delete personal data relating to you.

In detail:

According to article 17 paragraph 1 GDPR you have the right to request from us immediate deletion of personal data regarding you, and we are obligated to immediately delete this personal data, if one of the following reasons applies:

- The personal data is no longer required for the purposes, for which they were collected or otherwise processed

- You revoke your consent, on which the processing was based according to article 6, paragraph 1, 1 a) GDPR or article 9 paragraph 2 a) GDPR, and there is no other legal basis for the processing

- You object to the processing according to article 21 paragraph 1 GDPR and there are no prevailing legitimate reasons for the processing, or you object to the processing according to article 21 paragraph 2 GDPR

- The personal data was processed unlawfully

- The deletion of the personal data is required in order to fulfill an obligation stemming from European Union law or the law of a member country, to which we are subject

- The personal data was collected in relation to services of the information society according to article 8 paragraph 1 GDPR

If we have made public personal data, and we are obligated to delete it according to article 17 paragraph 1 GDPR, we will take appropriate measures, taking into account available technology and implementation costs, to inform controllers who are processing the personal data that you requested deletion of all links to this personal data and copies of this personal data.

iv. Right of limitation of processing

In several cases you have the right to request from us limitation of the processing of personal data regarding you.

In detail:

You have the right to request from us limitation of processing, if one of the following cases applies:

- The correctness of the personal data is being contested by you, for the duration necessary for us to verify the correctness of the personal data

- The processing is unlawful and you have declined deletion of the personal data and instead requested the limitation of usage of the personal data

- We no longer require the personal data for the purposes of processing, but you require the data in order to enforce or defend your rights

- You have objected to the processing according to article 21 paragraph 1 GDPR, while it hasn’t been determined yet whether our legitimate interests prevail over your interests

v. Right of transmission

You have the right to receive personal data relating to you in machine readable format, to transmit it, or to have us transmit it.

In detail:

You have the right to receive from us the personal data related to you, which you have provided to us, in a structured, established, machine readable format, and you have the right to transmit this data to a third party without obstruction by us, if

- The processing is based on consent according to article 6, paragraph 1, 1 a) GDPR or article 9 paragraph 2 a) GDPR, or on a contract according to article 6, paragraph 1, 1 b) GDPR and

- The processing is done using automated procedures

When making use of the right of transmission, you have the right to request that your personal data be made available directly to a third party controller, if technically feasible.

vi. Right of objection

You have the right to object to a lawful processing of your personal data by us, if this is grounded in your special situation, and our interests in processing are not prevailing.

In detail:

You have the right to object at any time to the processing of your personal data, if this is done according to article 6, paragraph 1, 1 e) or f) GDPR, for reasons grounded in your special situation. This applies also to profiling based on these regulations. We will cease to process the personal data, unless we can establish a compelling reason that merits protection, which prevails over your rights and freedoms, or the processing is required to enforce or defend rights.

If we are processing personal data for the purposes of direct marketing, you have the right to object at any time to the processing of your personal data for the purposes of such marketing; this also applies to profiling, if it is connected to direct marketing.

You have the right to object to processing of your personal data for the purposes of scientific or historic research, or for statistical purposes according to article 80 paragraph 1 GDPR, for reasons grounded in your special situation, unless the processing is necessary to fulfil an assignment of public interest.

vii. Automated decision making, including profiling

You have the right not to be submitted to a decision based solely on automated processing – including profiling -, if this decision has immediate legal effect on you or affects you in a similar way.

Automated decision making on the basis of collected personal data does not take place.

viii. Right of revocation of consent

You have at any time the right to revoke consent given for the processing of personal data.

ix. Right of appeal to the controlling authority

You have the right to place an appeal with a controlling authority, in particular in the member state that is your place of residence, your place of work, or the place of the alleged violation, if you are of the opinion, that the processing of your personal data is unlawful.

7. Data security

We take maximum care of the security of your data, within the limitations of the applicable data protection laws and the technical possibilities.

Your personal data is being transmitted in encrypted form. This applies to your orders as well as the user login. We use the encoding system SSL (Secure Socket Layer), but we draw your attention to the fact that data transmission on the internet (e.g. in email communication) may have security risks. Absolute protection of data from access by third parties is not possible.

In order to protect your data we maintain technical and organizational security measures according to article 32 GDPR, which we regularly adjust to the current state of the art.

We do not guarantee that our offers and services are available at specific times. Disruptions and outages cannot be excluded. Our servers are regularly backed up.

8. Transmission to third parties

Generally speaking we only use your personal data within our company.

Insofar as we employ third parties in the fulfillment of contracts (e.g. lawyers or other partners, who conduct searches for us or provide legal opinions), these third parties only receive personal data to the extent in which it is necessary for the respective fulfillment.

In case we outsource certain parts of the data processing, we obligate the processing party to process and use the personal data only in accordance with the applicable data protection laws and to ensure the protection of the rights of the concerned person.