(1) Büttenpapierfabrik Gmund GmbH & Co. KG, based in Germany, is a company of the Büttenpapierfabrik Gmund Group. The following terms and conditions apply to all contracts between Büttenpapierfabrik Gmund GmbH & Co KG, Mangfallstraße 5, 83703 Gmund am Tegernsee, Germany (hereinafter referred to as the „Supplier„) and its customers (hereinafter referred to as the „Customer“ or „you„), which are concluded about the Supplier’s website www.gmund.com (hereinafter referred to as the „Gmund Shop“ or „Shop„). The inclusion of the Customer’s own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (Section 13 BGB). Entrepreneurs within the meaning of these General Terms and Conditions are all natural or legal persons or partnerships with legal capacity who enter into business relations with us and who act in the exercise of their commercial or self-employed activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or self-employed activity, he shall also benefit from the rights intended for consumers. He is then deemed to be a consumer within the meaning of these terms and conditions.

(3) The contract language is German. These General Terms and Conditions (hereinafter: “AGB”) apply equally to consumers and entrepreneurs, unless a deviating regulation is expressly specified in the following provisions. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved about the browser’s print function. The AGB can be viewed and printed or saved in our shop at any time. When the order confirmation is sent to you, the order data, the cancellation policy and a sample cancellation form as well as these AGB will be sent by e-mail to the e-mail address you provided when placing your order. In the case of entrepreneurs, the provider waives the sending of the AGB for the following individual orders during an ongoing business relationship. Changes to the AGB will be pointed out.

(4) The provider’s customer service can be contacted by telephone at +49 (80 22) 75 00-0 or alternatively by e-mail at info@gmund.com.

(1) The purchase contract is concluded with:

Büttenpapierfabrik Gmund GmbH & Co KG

Mangfallstrasse 5

83703 Gmund am Tegernsee

Germany

Phone: +49 (80 22) 75 00-0

Fax: +49 (80 22) 75 00-99

E-mail: info@gmund.com

represented by the managing partner:

Büttenpapierfabrik Gmund Verwaltungsgesellschaft mbH,
Munich Local Court HRB 114639 (personally liable),
represented by the Managing Director: Florian Kohler

(2) The subject of the contract is the sale of goods displayed in the Gmund Shop. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the respective goods. All information on the essential characteristics of the goods offered in the Gmund Shop shall be made available to the customer to a reasonable extent.

(1) The goods presented in the Gmund shop are subject to change and do not constitute a binding offer by the supplier to conclude a contract. It is merely a non-binding invitation to the customer to submit an offer.

(2) The customer can submit a binding purchase offer (order) about the online shopping cart system integrated in the shop. The goods intended for purchase are placed in the virtual „cart“ by clicking „Add to cart„. This process is non-binding and is not a contractual offer. You can access the shopping cart about the corresponding symbol on the top right-hand side of the website. By clicking on this symbol, an overview of the cart appears. By clicking on the „Add to cart“ button, you can view the shopping cart in its entirety; clicking on the „Pay“ button takes you to the checkout. After calling up the „Checkout“ page and entering the data and information required to conclude the contract, all order data will be displayed again on the order overview page. By submitting the order about the „Order with obligation to pay“ button, the customer submits a binding offer to the provider to conclude a purchase contract. On this page you also have the opportunity to view these General Terms and Conditions and the cancellation policy including a sample cancellation form. In the „Order with obligation to pay“ button environment, you will be informed of the inclusion of the General Terms and Conditions and by confirming the button you declare your agreement with their inclusion.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place by confirmation of your contract offer in text form by e-mail to the e-mail address provided by the customer. With this confirmation, but at the latest upon delivery of the goods, the contract text (consisting of order, AGB and order confirmation) will be sent to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). If you have not received a contract confirmation within five working days, your offer is deemed to have been rejected. In this case, a purchase contract will not be concluded. Other reasons for rejecting your order may be that the goods you have selected are not (or no longer) available or if product displays in the Gmund Shop contain an (obvious) error, e.g. if the correct price is not shown or the goods are otherwise incorrectly described or incorrectly displayed, your order cannot be processed for technical reasons or certain shipping restrictions apply to a product. The supplier is also entitled to cancel your order for the reasons stated after conclusion of a purchase contract. In any case, the provider will inform you by e-mail about the rejection or cancellation and the reason for the rejection or cancellation. Any services already rendered will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. The customer must therefore ensure, as far as is reasonable, that the e-mail address provided by him to the provider is correct and that the receipt of e-mails is technically prevented.

(5) You can save and / or print the content of your order and, if you have registered, view it at any time via the „Customer Login“ function, which you can access about the person image on the top right-hand side of the website.

(6) The customer assures that all information provided by him when ordering in the Gmund Shop is truthful and that he will inform us immediately about any changes.

(1) The prices stated in the Gmund Shop are in euros, include packaging and are shown both exclusive and inclusive of the currently applicable statutory value added tax. The provider reserves the right to limit or terminate special offers or discounts at any time.

(2) The costs for shipping the ordered goods are based on the total amount of the order and can be called up at any time about the „Shipping information“ page. You will be informed of the actual shipping costs incurred on the overview page before submitting the order and they will be confirmed when you submit the offer. They will be shown separately in the invoice and added to the total amount of your order.  If we deliver your order in several parts for technical reasons, the shipping costs will only be charged once.

(3) The estimated shipping costs to other EU countries, which can also be supplied by the provider, can be called up at any time under delivery conditions in the Gmund shop.

(4) Additional fees may be charged for credit card and PayPal payments. These are borne by the customer and cannot be refunded.

(1) The goods will be dispatched from Gmund am Tegernsee (DE) within Europe by DHL to the address you specify. With your order, you confirm that all data provided to the supplier during the ordering process, such as name and delivery address, are correct. A complete list of the EU countries to which the supplier also delivers can be found under delivery conditions. Orders from non-EU countries must be sent to the provider about the contact options available online in the Gmund shop at any time. The supplier decides about their acceptance and processing on a case-by-case basis.

(2) A different delivery address cannot be different from the billing address in any country other than Germany and Austria.

(3) The supplier is authorised to make partial deliveries to a reasonable extent.

(4) Unless otherwise stated in the product description, the delivery time is approx. five to ten working days from order confirmation by the supplier (in the case of advance payment with receipt of payment). The stated delivery time only applies to standard order quantities.

(5) Costs incurred in the context of the return to the provider can be claimed against the customer by the provider.

(6) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall only be transferred when the goods are handed over to the customer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred when we hand over the goods to the logistics company commissioned by us.

(7) If the customer is an entrepreneur, we reserve the right to set a new reasonable delivery deadline in the event that a delivery deadline cannot be met for reasons for which we are not responsible. The customer will be informed immediately about the non-compliance with the delivery time. If we are also unable to deliver the ordered item within the newly determined period, we shall be entitled to withdraw from the contract in the case of entrepreneurs. If the customer has already provided consideration, we will refund this immediately.

(1) Payment of the purchase price is due immediately upon conclusion of the contract. If the supplier is obliged to issue or make available invoices at his discretion or by law, he reserves the right to issue or make available electronic invoices and you agree to this form of invoicing.

(2) The provider offers the customer various payment options:

a. Payment by credit card

You can also pay conveniently and securely by credit card. We accept MasterCard and Visa. As soon as we have received your payment, your order will be dispatched.

b. Payment by PayPal

You can also pay via PayPal. If you select PayPal as your payment method, you will be forwarded directly to PayPal at the end of the order process, where all your details are stored. You only need to enter your e-mail address and password to finalise your purchase securely. As soon as we have received your payment, your order will be dispatched. The general terms and conditions of PayPal apply.

c. The Purchaser on account

The Purchaser must pay the invoice amount to our external partner Ratepay on the calendar day specified in the invoice. Ratepay is an independent invoicing company and we take the liberty of referring any questions about the payment process to Ratepay customer service. The payment method purchase on account is not available for all offers and requires, among other things, a successful credit check by Ratepay. If the customer is permitted to purchase on account for certain offers after a credit check, the payment is processed in cooperation with Ratepay, to whom we assign our payment claim. In this case, the customer can only make payment to Ratepay with debt-discharging effect. The provider remains responsible for customer enquiries (e.g. regarding goods, delivery time, dispatch), returns, complaints, cancellation declarations and returns or credit notes. The General Terms and Conditions of Ratepay apply.

(1) As a consumer, you have a statutory right of cancellation for distance selling contracts (“Fernabsatzverträge”). We take the liberty of informing you about this right of cancellation with separate cancellation instructions. In order to exercise your right of cancellation, you must send the provider a clear declaration about your cancellation of your purchase contract to the contact details stated under § 2 of these AGB. We will provide you with a sample cancellation form for your cancellation. However, the use of this cancellation form is not mandatory. The cancellation policy and the sample cancellation form are attached to these AGB.

(2) When cancelling an order, please note the cancellation period of fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods from an order. In order to comply with this cancellation period, you must inform us before the expiry of the cancellation period that you are exercising your right of cancellation. For further details, please refer to the cancellation policy.

(3) We will immediately confirm receipt of your cancellation by email and provide you with a label to simplify the return process. Its use by the consumer is not mandatory. The cost of returning the goods shall be borne by the customer.

(4) If you cancel this contract, we must refund all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

(5) We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us about the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

(1) The goods remain the property of the supplier until full payment of the purchase price and any costs included therein, such as delivery costs.

(2) If the customer is an entrepreneur, we reserve title to the goods until all claims arising from the current business relationship have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.

(3) If the customer is an entrepreneur, he may resell the goods in the ordinary course of business. In this case, he hereby assigns to us all claims in the amount of the invoice amount that accrue to the customer from a resale to third parties. We hereby accept the assignment. The entrepreneur is authorised by us to collect the claim after the assignment. However, we reserve the right to collect the claim ourselves in the event that the entrepreneur does not properly fulfil his payment obligations and is in default of payment. Any processing and treatment of the delivered goods by an entrepreneur shall be carried out in our name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This co-ownership is measured in proportion to the value of the goods delivered by us. The same applies if an entrepreneur processes or mixes the goods with items that do not belong to us.

(1) The warranty for material defects shall be governed by the statutory provisions. The Purchaser is a consumer, the limitation period for statutory warranty claims is two years and begins with the delivery of the goods. The Purchaser is an entrepreneur, the limitation period for statutory claims for defects is one year and begins with the delivery of the goods.

(2) We ask you to check the goods upon delivery for completeness, obvious defects and transport damage and to notify the supplier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory claims or the right of cancellation. The warranty is excluded for goods whose intrinsic quality does not meet the customer’s requirements.

(3) Entrepreneurs within the meaning of these AGB are obliged to inspect the goods received immediately for deviations in quantity and quality. Recognisable defects must be reported to us in writing within a period of one week from receipt of the goods in question. The assertion of warranty claims is excluded if the entrepreneur does not fulfil the obligation to notify us. The entrepreneur is obliged to notify us in writing of hidden defects within a period of one week. The period begins with the discovery of the defect in question. To meet the deadline, it is sufficient for the notification of defects to be sent in good time. The full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timeliness of the notification of defects shall be borne by the entrepreneur.

(4) An additional guarantee only exists for the goods offered for sale by the supplier if this was expressly stated in the description of the goods or order confirmation for the respective item.

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (obligations whose fulfilment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely, so-called cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Liability of the provider for unforeseeable loss or damage is excluded. Loss or damage is foreseeable either if it was obvious that it would occur or if both you and the provider were aware that it would occur when you accepted these terms of use.

(2) In the event of a breach of material contractual obligations due to simple negligence, the provider shall only be liable for the foreseeable damage typical of the contract.

(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement about the quality of the item. The provisions of the Product Liability Act remain unaffected.

Only the personal data necessary for the business transaction will be processed in compliance with the applicable data protection regulations. Any further processing of personal data only takes place if this is permitted by law or if the customer has consented to this.  Further information on this can be found in the privacy policy, which can be accessed online in the shop at any time.

All image rights are held by the provider or its partners. Use without prior express authorisation is not permitted.

(1) German law shall apply to all legal transactions between us as the supplier and you as the customer. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. If you have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made.

(2) Should individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions. An invalid, unenforceable or unenforceable provision shall be replaced by statutory law. If such statutory law is not available in the respective case or leads to an unacceptable result, the provision that comes closest to the economic intention of the parties shall be deemed to have been agreed.

(3) This AGB are drawn up in English and German language versions. In case of discrepancies between the English and the German version, the German version shall prevail.

1. we may make partial deliveries to an extent that is reasonable for the customer, especially in the case of larger orders.

2. the delivery time shall be agreed individually or specified by us in the order process. Unless agreed as binding, our delivery dates are non-binding. The delivery period for payment in advance begins on the day after the customer issues the payment order to his bank or, in the case of other payment methods, on the day after conclusion of the contract (Section II.). Compliance with binding delivery periods is also subject to correct and timely delivery to us. Non-compliance with these obligations shall not constitute a breach of contract if we can prove the timely conclusion of a corresponding covering transaction with our suppliers and furthermore prove that the supplier has not met a delivery date agreed with us. We shall inform the customer immediately of any delays that become apparent.
In any case, compliance with the delivery time requires the timely provision of the materials and/or declarations of the customer required for the production of the work, such as the timely provision of the information and approvals to be provided by the customer, and – if agreed – also the receipt of the down payment.

3. If the customer is in default of acceptance, we shall be entitled to demand compensation for the resulting damage and any additional expenses. The same shall apply if the customer culpably breaches its obligations to co-operate. The risk of accidental deterioration and accidental loss shall pass to the customer upon the occurrence of default of acceptance or debtor’s delay.

1. if no other written price agreement has been made, the total prices stated on our website are final prices in euros including the applicable VAT and excluding shipping costs.

2. return costs: If the customer is a consumer, he must bear the regular costs of returning the goods (e.g. Deutsche Post AG charges) if he exercises his right of cancellation.
Shipping costs: When exercising the right of cancellation, we will reimburse the customer for the shipping costs (shipping costs) of the goods in the amount of the cheapest standard shipping option.

3. our invoices are due for payment immediately, unless there are separate written agreements.

4. payment of the price can be made by credit card or PayPal. Other methods of payment, in particular payment by cheque or cash, cannot be processed and do not release the customer from the obligation to pay the price.

5. the customer may only offset counterclaims that are undisputed, legally established or recognised by us. The customer shall only have rights of retention for counterclaims arising from the same contractual relationship.

6. our obligation to perform is suspended as long as the customer is in default of payment. Our rights according to § 321 BGB remain unaffected.

7. the default interest for late payment by companies is 8% above the base interest rate. In addition, we may charge € 5.00 for each payment reminder or reminder after default has occurred; the customer is entitled to prove lower reminder costs. In any case, we are entitled to claim proven higher damages.

The customer is entitled to the statutory warranty rights in accordance with Section IX of our GTC.

Büttenpapierfabrik Gmund GmbH & Co. KG
Mangfallstraße 5
83703 Gmund am Tegernsee
Deutschland
Tel: +49 8022 7500-0
Fax: +49 8022 7500-99
info@gmund.com

As a consumer, you have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.

To exercise your right of cancellation, you must contact us by email at:

info@gmund.com

or via postal address:

Büttenpapierfabrik Gmund GmbH & Co KG

Mangfallstraße 5, 83703 Gmund am Tegernsee, Germany

by means of a clear statement about your decision to cancel this contract. You can use the sample cancellation form attached here, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication about your exercise of the right of cancellation before the cancellation period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us about the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.

The right of cancellation does not apply to the following contracts:

1. about the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
2. about the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
3. about the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery and
4. for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the company has no influence.

The controller in the meaning of the General Data Protection Regulation (hereinafter „GDPR“) and other applicable data protection laws of the EU Member States, as well as other applicable data protection regulations for the operation of the website gmund.com (hereinafter „Website“) is:

Büttenpapierfabrik Gmund GmbH & Co. KG

Mangfallstraße 5

83703 Gmund am Tegernsee

Germany

Tel.: 08022 75000

E-Mail: info@gmund.com

Website: www.gmund.com

You can contact our data protection officer as follows:

Tel.: +49 89 904 204 975

per E-Mail: datenschutzbeauftragter@gmund.com.

• Contact data (e.g. name, address, e-mail, phone number)
• Content data (e.g. entries in online forms)
• Payment data (e.g. credit cards data)
• Usage data (e.g. visited webpages, interests in the content, access time)
• Meta-/Communications data (e.g. device information, IP addresses)

IV.1 For the performance of a contract

• Purchase contract

Purpose: When you make a purchase in our online shop, we collect the data that you entered during the purchase process. We process this data in order to conclude and perform a purchase contract.

Legal Basis: Art. 6(1) lit. b) GDPR.

Recipients or categories of recipients of the personal data: Print shops, payment providers, logistics companies and CRM provider.

Third Country Transfer: A transfer to a third country may take place in individual cases if an order or the processing of an order requires this. In this case, the necessary data protection regulations for a third country transfer of personal data will be observed.

Storage Period: In compliance with statutory retention periods, we retain personal data processed for performance of a contract for a period of up to 10 years after the end of the financial year in which the corresponding data processing took place (§ 257 HGB, § 147 AO, § 14 UStG). Personal data that is no longer required (e.g. drafts, layouts) will be deleted 3 months after performance of a contract. If you have given us your consent, we will store your data longer for future orders.

• Engagement of payment providers

Purpose: To enable payments in our online shop, we engaged payment providers in the payment process. Based on your selection of a payment method, your data required for the further payment process will be collected and transmitted to the respective payment provider for processing of your payment.

Legal Basis: Art. 6(1) lit. b GDPR.

Recipients or categories of recipients of the personal data: For payment by means of an invoice – PAYONE GmbH (Lyoner Straße 15, 60528 Frankfurt am Main). For credit cards payments or payments via PayPal – Ratepay GmbH (Ritterstraße 12-14, 10969 Berlin).

Storage Period: The data processed during the processing of payments are stored in compliance with statutory retention periods, as described above, for up to 10 years.

IV.2 Creation of a customer account  

Purpose: When you create a customer account on our website, we set up a password-protected account for you. For this we collect the data that you submitted to us via an input mask, IP address, date and time of the registration.

Legal Basis: Art. 6(1) lit. b) GDPR for the registration and setting up of a customer account, as well as orders and purchase transactions carried out through the account.

Storage Period: Your data stored in the customer account will be promptly deleted as soon as you terminate the use of the customer account. There is no obligation to retain the data stored in the customer account.

You can make changes to the data stored in your customer account yourself at any time via the website.

For deletion of your account, please contact us:

Büttenpapierfabrik Gmund GmbH & Co. KG

Mangfallstraße 5

83703 Gmund am Tegernsee

Germany

E-Mail: info@gmund.com

V.1 Hosting

Purpose: For hosting and technical provision of our Website, we have engaged maxcluster GmbH (Lise-Meitner-Str. 1b, D-33104 Paderborn) and concluded with them a data processing agreement according to Art. 28 GDPR. In order to enable delivery of our website to your device, it is necessary to store the IP address.

Legal Basis: Art. 6(1) lit. f) GDPR

Recipients or categories of recipients of the personal data: maxcluster GmbH (Lise-Meitner-Str. 1b, D-33104 Paderborn)

Storage Period: The IP address will be processed for the duration of the session. The IP addresses are anonymized as soon as they are no longer required for the purpose for which they were collected.

V.2 Log files

Purpose: When you access our website, data and information from the accessing computer system (e.g. browser information, access time) are automatically collected and stored in the log files to enable our website to be delivered to your computer and to ensure the functionality of our website.

Legal Basis: Art. 6(1) lit. f GDPR; our legitimate interest is the provision of our website, its functionality and optimization as well as ensuring security.

Storage Period: If the data is collected to provide the website, the data is deleted when the respective session has ended. If the data is stored in log files, the data is deleted after 2 months at the latest. Storage beyond this period is possible in individual cases.

V.3 Cloudflare

Purpose: We are using a service Cloudflare provided by Cloudflare Germany GmbH, Rosental 7, C/O Mindspace, 80331 München, Germany (hereinafter „Cloudflare“) to ensure delivery of our website and ist security. We use „Content Delivery Network“ (CDN) in particular to significantly reduce the loading time of web content. It also serves the stability and accessibility of our website. For this purpose information can be processed also in log files of Cloudflare. We have made necessary data protection and security arrangements.

Legal Basis: Art. 6(1) lit. f GDPR; our legitimate interest is the provision of our website, its functionality, availability and optimization as well as ensuring security.

V.4 Akamai

Purpose: We use Akamai service for our website. Akamai CDN is a service of Akamai Technologies GmbH, Parkring 22, 85748 Garching, Germany (hereinafter „Akamai“). We use Content Delivery Network or also Content Distribution Network to deliver all content on our website. The use of Akamai significantly reduces loading time of website content in particular by sending our video and photo files from a server that is faster than the web server and also serves to improve the stability of our website. This server is located always as close as possible to your location. Your IP-address will be transferred to Akamai to establish connection and deliver the content. Akamai stores the information received in log files only in the event of an error for the purpose of error analysis.

We have concluded with Akamai a data processing agreement in accordance wit Art. 28 GDPR. According to this agreement, Akamai is obliged to ensure the required protection of your data and to process it exclusively on our behalf in accordance with the applicable data protection regulations.

You can find further information about Akamai, as well as about data processing by Akamai via the link https://www.akamai.com/legal/privacy-statement.

Legal Basis: Art. 6(1) lit. f GDPR; our legitimate interest is the provision of our website, its functionality and availability.

Recipients or categories of recipients of the personal data: Akamai Technologies GmbH, Parkring 22, 85748 Garching, Germany.

VI.1 Consent Management Platform (hereinafter „CMP“)

Purpose: The use of CMP serves the purpose of providing proof of given and not given consent as well as managing the individual data protection settings of our website visitors. The processing is carried out for the purpose of obtaining consent of website visitors, providing withdrawal and objection possibilities, providing proof of the consent received and identifying the user for the management of their individual data protection settings.

Legal Basis: The use of the CMP, as well as management and storage of your consent for processing of your personal data is based on our legal obligation to provide a website  compliant with data protection laws: Art. 6(1) lit. c) GDPR in connection with § 26 TDDDG (provision of a website compliant wit data protection laws).

Recipients or categories of recipients of the personal data: consentmanager GmbH (Eppendorfer Weg 183, 20253 Hamburg, Germany).

VI.2 Cookies and similar technology

Purpose: We use cookies and similar technology to provide our website. This allows information to be stored on your device or be read from your device.

When you visit our website, we inform you about the use of cookies and similar technology by means of a CMP and have technically set up the consent required under data protection law for the setting of cookies for which consent is required. With the exception of technically necessary cookies, consent must always be given in advance for cookies to be set on your device.

Legal Basis: Legal basis for the processing of personal data by usage of necessary cookies is Art. 6(1) lit. f) GDPR. Storage of the information on your device and reading of the information from your device, that are absolutely necessary, takes place according to § 25 Abs. 2 (2) TDDDG.

The legal basis for the processing of personal data using cookies and similar technology for statistical or marketing purposes, for storing preferences or other optional purposes, is your consent given via the CMP in accordance with Art. 6(1) lit. a) GDPR. The storage or reading of information on/from your device takes place on the basis of your consent in accordance with § 25 Abs. 1 TDDDG.

The list of individual cookies and further information can be found in the privacy settings at the bottom left of the screen, in the footer or via this link. You can adjust your cookies settings at any time and withdraw your consent at any time with the effect for the future.

VII.1 Contact requests via our contact form or via e-mail

Purpose: When you contact us via our contact form, we collect the data you enter in the input mask and process it in order to process and respond to your inquiry. At the time the message is sent, the user’s IP address and the date and time of registration are also stored.

Alternatively, you can contact us via the e-mail address provided on the website. In this case, your personal data transmitted with the e-mail will be stored. No data will be passed on to third parties in this context. The data will be used exclusively for processing the conversation.

Legal Basis: Art. 6(1) lit. a GDPR. If the contact is aimed at the conclusion of a contract, the initiation and conclusion of the contract within the meaning of Art. 6(1) lit. b GDPR is the relevant legal basis for the processing.

Storage Period: The personal data from the input mask of the contact form and those sent by e-mail will be deleted after 2 months at the latest, except they contain relevant contract data that are subject to a longer retention period.

VII.2 Delivery of our newsletter

Purpose: When you register for our newsletter, we collect the email address you provide via the input mask and process it in order to deliver you our newsletter. During the processing, interactions and opening rates are tracked.

Legal Basis: Art. 6(1) lit. a) GDPR

Recipients or categories of recipients of the personal data: CleverReach GmbH & Co. KG (Schafjückenweg 2, 26180 Rastede, Germany)

Storage Period: The user’s e-mail address is stored for as long as the subscription to the newsletter is active. The other personal data collected as part of the registration process is usually deleted after 2 months.

Possibility to withdraw:  The subscription to the newsletter can be canceled at any time, i.e. the consent to further processing of your e-mail address for the stated purpose is withdrawn. For this purpose, there is a corresponding unsubscribe link in every newsletter.

VII.3 Job applications

Purpose: When you apply for a job at our company, we collect the data you send to us and process it, to conduct the application process.

Legal Basis: Art. 6(1) lit. b) GDPR in connection with Art. 88 GDPR in connection with § 26 Abs. 1 S. 1, Abs. 8 S.2 BDSG.

Storage Period: We delete the data that was transferred to us in the course of the application process latest 6 months after the end of the application process.

VIII.1 Usage of Google Tag Manager

Purpose: Our website uses Google Tag Manager, an offering of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (hereinafter „Google“). By means of this service one can manage website tags. Google Tag Manager only implements tags and acts as a container. Google Tag Manager triggers tags, which in turn may collect data. Google Tag Manager doesn‘t access this data.

Each time Google Tag Managers is used, a direct connection between your browser and a server of Google (under certain circumstances in the USA) is established. Thereby information about your visit and your IP address will be processsed on the server of Google. The temporary storage of the IP address by the system is necessary to enable the delivery of the functions of Google Tag Manager.

Legal Basis: Art. 6(1) lit. a GDPR.

Recipients or categories of recipients of the personal data: Google Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). We have concluded with Google an agreement required under data protection law.

VIII.2 Usage of Google Analytics

Purpose: We integrated Google Analytics (with anonymisation function) on our website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behavior of websites visitors. Among other things, a web analysis service collects data about the website from which a data subject came to our website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. We use web analysis mainly to optimize our website and for the cost-benefit analysis of internet advertisement.

We use Google Analytics as a part of Google Marketing Plattform. Google Analytics also includes marketing functions (Double Click, Remarketing). User-based analysis is also possible, which can be used to create user profiles.

The purpose of Google Analytics components is analysis of visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services in connection with the use of our website.

The advertisement functions of Google Analytics enable its clients to create remarketing audiences based on specific behavioral, demographic and interest data and share these lists with Google Ads, to use demographics and interest data in the analytics reports and create segments based on demographics and interest data. The purpose of the processing is to specifically address the user as part of a target group and also to be able to show personalized content based on the processed personal data.

Using the functions provided in the website analysis service, it is possible for Google to assign data, sessions and interactions across multiple devices to a pseudonymized user ID and thus analyze the activities of a user across devices and websites.

Legal Basis: Art. 6(1) lit. a GDPR / § 25 Abs. 1 TDDDG.

Recipients or categories of recipients of the personal data: Google Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). We have concluded with Google an agreement required under data protection law.

You can find more information about handling of user data by Google Analytics, e.g., in a privacy policy of Google: https://support.google.com/analytics/answer/6004245?hl=de.

Storage Period: The data stored through tracking is deleted as soon as it is no longer required for recording purposes. In our case it is after 26 months.

Withdrawal and objection options: You can object to the collection, storage and use of information by Google at any time with effect for the future in the following ways:

• You can object by installing Deactivation Add Ons provided by Google. You can find more information here: https://tools.google.com/dlpage/gaoptout?hl=de.
• Alternatively, you can prevent the storage of cookies set by Google by setting your browser software accordingly.
• You can withdraw your consent to the collection of your data by Google Analytics at any time by deactivating the toggle in our data protection settings.

VIII.3 Usage of Meta Pixel

Purpose: Meta Pixel is an analysis service of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, if you are an EU resident Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter together „Meta“).

We use Meta Pixel for conversion tracking and remarketing purposes. Usage of Meta Pixel enables a cost-benefit analysis of ads placed on Facebook and Instagram, as well as optimisation of our ad placement. Processing, i.e. activation of Pixel, as well as setting and evaluation of information stored in cookies takes place exclusively on the basis of your consent for the use of retargeting or advertisement tracking given via our CMP or our data protection settings.

When you click on one of the ads placed by Facebook, a cookie for Meta Pixel will be stored on your respective device. Via the built-in Pixel and your visit of our website, a direct connection (via Facebook Connect) will be established between your browser and a server of Meta. By means of this connection Meta collects the following information: your browser type, your device, visited websites and, e.g., effect of a Facebook ad and stores these information in cookies that are stored on your device. We don’t have influence over the data collected by Meta and its processing. The full extent of the data collection, purposes of the processing and storage periods is not known.  Meta provides us only with anonymised statistical evaluations. If you visit certain pages of our website and the cookie hasn’t yet expired, we and Meta can recognise that you clicked on our Facebook advertisement and were redirected to this website.

If you are logged in in Facebook with your account, Meta can make connection between the information collected by Meta Pixel and your account. You can find more information about data processing in the privacy policy of Facebook via the link http://www.facebook.com/policy, as well as about Meta Pixel via the link https://www.facebook.com/business/learn/facebook-ads-pixel.

Legal Basis: Art. 6(1) lit. a GDPR / § 25 Abs. 1 TDDDG. Setting of Facebook Cookies takes place only on the basis of your consent.

Recipients or categories of recipients of the personal data: Meta Platforms, Inc. (1 Hacker Way, Menlo Park, CA 94025, USA), if you are an EU resident Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). For the joint processing as per Art. 26 GDPR, Facebook provided respective regulations: https://www.facebook.com/legal/terms/page_controller_addendum.

Withdrawal and objection options: You can object to the creation of user profiles of registered Facebook users directly in Facebook. As a Facebook user, you can adjust your Facebook settings (https://www.facebook.com/settings?tab=ads) and object to data collection by means of Meta Pixel. In addition, you can prevent an assignment to your profile by logging out of your respective social media profile before visiting the website and also deleting the cookies used by the social media channel.

When you don’t have a Facebook account, you can deactivate usage-based advertisement of Facebook on the website of European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

You can withdraw your consent to collection of your data by Meta at any time by the means of the CMP.

VIII.4 Usage of Clarity

Purpose: We use Clarity on our website. With Clarity by means of heatmaps (graphical representation of the recording of user’s mouse movements), session recordings and various behavioural metrics, we can better understand users‘ interactions with our website and optimise it. Clarity is a tool from Microsoft, you can find more information here https://learn.microsoft.com/en-us/clarity/.

Clarity uses cookies and similar technology. Clarity records user interactions on our website, e.g. how the page is rendered, user interactions such as mouse movements, clicks and scrolling. Data about your device and browser, date and time of access, subpages visited and your IP address are also processed. You can find more information about data protection by Clarity here: https://learn.microsoft.com/en-us/clarity/faq#privacy

Legal Basis: Art. 6(1) lit. a) GDPR / § 25 Abs. 1 TDDDG

Recipients or categories of recipients of the personal data: Microsoft Ireland Operations Limited (One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland). Mother company: Microsoft Corporation (One Microsoft Way, Redmond, WA 98052, USA).

Storage Period: The recordings data will be stored for 30 days and all marked or favourite sessions will be stored for 13 months. Heatmaps data will be stored for 13 months. Data from Clarity servers, incl. backups, will be deleted after the respective storage period.

IX.1 Integration of Vimeo

Purpose: Our website is using plug-ins of Vimeo LLC (555 West 18th Street, New York 10011) (hereinafter „Vimeo“) for integration of videos. The content of plug-ins will be transfered from Vimeo directly to your browser and integrated by Vimeo in the website.

We have set our videos to „Do not track“ mode by default. This way Vimeo cannot place third party cookies via the plug-in on your device. We have no influence over the data collected by Vimeo and its processing. We are not aware of the full extent of data collection, the purposes of processing, the storage periods and the storage location. There is also no information about the deletion of the collected data by the provider. Further information on the purpose and scope of data processing as well as your rights in this regard and setting options to protect your privacy can be found in the terms of use and privacy policy of Vimeo https://vimeo.com/privacy.

If you are logged in in your Vimeo account, Vimeo can assign the information received through the use of the plug-in to your account. In this case, the information is transmitted to your personal Vimeo user account and stored there.

Legal Basis: Art. 6(1) lit. a GDPR / § 25 Abs. 1 TDDDG.

Recipients or categories of recipients of the personal data: Vimeo LLC (555 West 18th Street, New York 10011)

Withdrawal options: You can withdraw your consent to collection of your data by Vimeo at any time by deactivating the service in the data protection settings in our CMP.

IX.2 Usage of Algolia

Purpose: We use serch service Algolia provided by Algolia SAS (55 Rue d’Amsterdam, 75008 Paris, France) (hereinafter „Algolia“), to enable the product search in our online shop. To provide you with relevant search results and a fast search function, Algolia processes the following data:

• Search request
• Device and browser information
• IP address
• Location data (based on the IP address)

A required data processing agreement with Algolia is concluded. You can find further information in the privacy policy of Algolia.

Legal Basis: Art. 6(1) lit. f) GDPR. Our legitimate interest lies in providing you with a fast and efficient search function in our online store.

Storage Period: The data will be deleted on a rolling basis after 90 days.

IX.4 Usage of Google reCAPTCHA (und Google Fonts)

Purpose: We use a sevice from Google – reCAPTCHA on our website to check and avoid interactions on our website through automated accesses.

reCAPTCHA is used to check whether the data entered on the website was entered by a person or by an automated program (“bot”). reCAPTCHA records the actions of users. From these actions, the software calculates the corresponding Captcha-Score.

reCAPTCHA collects among others information about:

• Page that integrates reCAPTCHA,
• Referrer URL (page from which the user comes),
• IP address of the user,
• Device settings (language, browser, location),
• Session time,
• Mouse moves and keystrokes,
• Display and window resolution,
• Time zone and
• Installation of browser plugins.

You can find further information about data processing by reCAPTCHA here https://policies.google.com/privacy?hl=de.

Legal Basis: Art. 6(1) lit. f) GDPR / § 25 Abs. 2 TDDDG.

Recipients or categories of recipients of the personal data: Google Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). We have concluded with Google an agreement required under data protection law.

The logos/icons of social media providers are displayed on our website. These logos/icons function as external links so that no personal data is transmitted to any of these providers without clicking on them. If the user clicks on one of the logos/icons, they will be redirected to the website of the respective provider. Information on the processing of personal data by the respective providers can be found in their privacy policies:

• Meta/Facebook: https://de-de.facebook.com/privacy/policy/
• Instagram: https://help.instagram.com/155833707900388
• LinkedIn: https://de.linkedin.com/legal/privacy-policy

As a data subject affected by data processing, you have the following rights in accordance with the GDPR:

• The right of access: You can request information from us about your personal data we store.
• The right to rectification: If you believe that we are storing personal data about you that is incorrect, you can request us to correct it.
• The right to erasure and restriction of processing: Under certain conditions, you can request that we erase or restrict the processing of your personal data.
• The right to object: You have the right to object to the processing of your data on grounds relating to your particular situation and we will stop processing it unless we are obliged to do so by other legal provisions.
• The right to data portability: You have the right to request that we transfer personal data that you have provided to us to another controller or that we transmit this data to you in a commonly used, machine-readable format.
• The right to lodge a complaint with a data protection supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority if you believe that we are infringing data protection law when processing your personal data. The data protection authority responsible for us is das Bayerisches Landesamt für Datenschutzaufsicht (BayLDA):

Promenade 18
91522 Ansbach

Postal address:

Postfach 1349
91504 Ansbach
Germany

Telefon: +49 (0) 981 180093-0

Telefax: +49 (0) 981 180093-800

More information here www.lda.bayern.de.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. You can withdraw your consent to the collection of your data by the service providers we use via the CMP at any time.