Terms and conditions

Last Updated: May 15, 2024

Please inform yourself by reading these general terms and conditions (hereinafter “Terms”) carefully. Browsing or using the Holzkern website available at https://www.holzkern.com or https://www.world.holzkern.com or any website associated with this agreement (hereinafter referred to as the “Website”) in any way or clicking a button which says “I accept” or something similar, you thereby confirm that (1) you have read, understand, and agree to be bound by the Terms, (2) you are of legal age to form a binding contract with Holzkern, and (3) you have the authority to enter into the Terms on your own behalf or that of the company you work for, as well binding that company to these terms. If you do not agree to be bound by the Terms, you may not access or use this website.

Please note that Holzkern may in its sole discretion change the Terms at any time. When changes are made, Holzkern will make a new copy of the Terms available on its website and will update the “Last Updated” date at the top of the Terms page. Any changes to the Terms will be effective immediately for new users of the website and become effective for existing users thirty (30) days after posting notice of the changes on the Website. Holzkern may require you to provide consent to the updated Terms in a particular manner before you may continue to use the website. If you do not agree to any of the change(s) after receiving notice of them you shall cease using the website; otherwise, your continued use of the website constitutes your acceptance of such change(s). Please regularly check the website to view the current Terms.

1. Scope of Application

1.1. These Terms of Holzkern - a brand of the Time for Nature GmbH (hereinafter referred to as the "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller with regard to the goods and/or services displayed by the Seller in his online shop. This contradicts the inclusion of customer's own terms, unless otherwise agreed to in writing. If the seller is in a long-term business relationship with the customer, these terms and conditions shall apply even if their validity is not particularly pointed out. The terms and conditions also apply to follow-up orders, even if they are not agreed upon separately, be it orally or in writing.

1.2. A consumer, within the meaning of these terms and conditions, is any natural person who concludes a legal transaction for purposes to which neither their commercial nor their independent professional activity can be predominantly attributed. An entrepreneur, within the meaning of these terms and conditions, is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

1.3. Employees of our company are prohibited from making deviating commitments from these terms. Verbal agreements only become effective if they are confirmed in writing by the seller.

2. Content

All text, graphics, images, photographs, trademarks, logos, artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained the Website is owned, controlled or licensed by or to Holzkern, and is protected by trade, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as provided expressly in these Terms, neither any part of the Website nor any Content may be copied, republished, reproduced, distributed, licensed, sold, rented, leased, transferred, assigned, uploaded, posted, publicly displayed, translated, transmitted, hosted or otherwise commercially exploited without Holzkern’s express prior written consent. 

3. Contract Conclusion

3.1. The customer's order constitutes an offer. A contract is only concluded after being accepted by the seller. The customer is informed of the acceptance of the seller by e-mail. Acceptance of the purchase contract is effected by dispatch of the order. The transmission of the dispatch notification constitutes additional proof of acceptance of the customer's offer.

3.2. The order is made in the following steps: 

a) Selection of the desired product 
b) personal information, shipping and billing address 
c) Selection of payment method 
d) Verification of the information and, if necessary, correction of the data entered 
e) Confirmation by clicking on the button "Confirm your order" 
f) Binding dispatch of the order 
g) info window with the note: "Thank you for your order! You will soon receive an order confirmation by e-mail"

3.3. An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or if the seller cannot fulfill the order due to other reasons, the customer will receive an error message. Before finalizing the order, the customer will be given the opportunity to correct his order. The customer receives supporting detailed information directly during the ordering process. Once the order process has been completed, the customer will be directed to an info window which displays "Thank you for your order! You will soon be notified of an order confirmation by e-mail." This notification from the seller does not constitute acceptance of the customer's offer. 

3.4. When the order has been received by the seller, the customer will be notified of the receipt of his order by the e-mail address provided by him. This agreement of the seller does not constitute acceptance of the customer's offer. 

3.5. The customer is bound to his order 5 days from receipt of this order by the seller. The legal right of withdrawal (right of withdrawal) remains unaffected. The day of receipt of the order is visible to the customer from the acknowledgment of receipt. 

3.6. The purchase contract is not stored by the seller. If the customer wants to save the contract text after his order, he can proceed as follows: Use the usual function of your Internet service program (= Browser: usually "File" --> "Save As"). You can also download and archive this document in PDF format using the function "Save as PDF." To open the PDF file, you need to download a software compatible with the PDF format.

3.7. In addition, the customer can also simply archive the data of his order by storing the data summarized on the last page of the ordering process in the online shop by using the functions of his browser or he/she waits for the e-mail with which the seller accepts the customer’s offer. This e-mail also contains the data of his order and the terms and conditions or other information requirements and can easily be printed or saved with an e-mail program. 

3.7.1. The contract language is English or German.

3.8. The (non-binding) offer of the seller is exclusively for customers with registered office, place of residence or habitual residence in Austria, the states of the European Union (EU), and the United States.

4. Right of Withdrawal / Withdrawal

4.1. The term "right of withdrawal", which is commonly used in Austria, corresponds to the term "right of withdrawal" which is customary in Germany and used in the Consumer Rights Directive. In the cancellation policy, only the term "right of withdrawal" is used. This is synonymous with the Austrian term "rücktrittsrecht".

4.2. Details can be found in the cancellation policy (including revocation form).

5. Prices, Terms of Payment and Default Interest

5.1. Unless otherwise stated in the seller's product description, all prices are quoted in the denomination stated and are total prices which include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description, e.g., state sales tax for customers in the United States.

5.2. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions, e.g., transfer fees, exchange rate charges, or import duties or taxes, i.e., customs duties. Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside of the European Union, but the customer makes the payment from a country outside the European Union. 

5.3. The customer has various payment options available, which are specified in the seller’s online shop and during the delivery and payment part of the checkout process.

5.4. If “Sofortüberweisung” (pre-payment) is agreed upon purchase via the online shop, the payment is due immediately after conclusion of the contract.  

5.6. Payment by credit card is handled by the payment service provider Stripe Payments Europe, Ltd. ("Stripe") under the Stripe Terms of Use available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy.

5.7. In the event of default of payment by the customer, the seller is entitled, at his discretion, to claim compensation for the actual damage or default interest at the statutory rate. These are for consumers: 4% p.a., for entrepreneurs: 9.2% p.a. above the base rate. 

5.8. In the case of default of payment of the customer, the seller is entitled to demand compound interest starting with the date of delivery of the goods.

6. Reminder and Collection fees

In the event of default of payment, the customer is obligated to reimburse the monitory and collection expenses incurred by the seller to the extent that they are necessary for the purpose of prosecution. In the case of business dealings, this includes a lump sum of EUR 40, - in compensation for the costs of operation according to § 458 UGB. The assertion of further rights and claims remains unaffected.

7. Delivery and Shipping Conditions

7.1. The seller is only obligated to execute the service once the customer has fulfilled all obligations of his which are necessary for the execution of the service. 

7.2. Unless otherwise agreed, the seller will ship the order within 30 days of the contract’s confirmation. Orders with multiple products will ship once all of the products are in stock, hence the delivery date for products already in stock can be delayed as all products of an order are shipped in one package. The delivery date can be delayed in the event a production series sells out, which is not uncommon because we produce all of our products in small series.

7.3. The seller is entitled to exceed the agreed-upon dates and delivery periods by up to one week. Only after this period has expired is the customer entitled to withdraw from the contract after having established a reasonable grace period. 

7.4. The goods shall be delivered to the delivery address specified by the customer, unless otherwise agreed. 

7.5. As long as the customer is a consumer, the cost of shipping from the seller to the customer will be covered by the seller.

7.6. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally does not pass to the customer until the goods have been handed over to him or to a third party determined by the customer and not belonging to the carrier. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold to consumers also passes to the customer as soon as the seller has handed over the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, i.e., if the Customer has entrusted the hauler, carrier or other person or entity otherwise responsible for performing the shipment with the execution itself and Seller has not previously proposed to the Customer such hauler, carrier or other person or entity otherwise responsible for carrying the shipment as a choice. 

7.7. Pickup is not possible for logistical reasons.

8. Acceptance delay

If the customer has not accepted the goods as agreed (default of acceptance), the seller is entitled to store the goods after an unsuccessful grace period and for this the seller can charge a storage fee of 0.1% of the gross invoice amount per calendar day started. Alternatively, the goods can be stored at cost and risk of the customer by an authorized business person. At the same time, the seller is entitled either to insist on fulfillment of the contract or to rescind the contract after setting a reasonable grace period of at least 2 weeks and to reuse the goods elsewhere. 

8.1. If the transport company sends the goods back to the seller because a delivery to the customer was not possible, the customer bears the cost of an unsuccessful shipment. This shall not apply if he is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had informed him of the service with reasonable notice.

9. Warranty:

In the case of defects, the provisions of the statutory warranty apply. Deviating from this:

9.1. For entrepreneurs  

9.1.1.          an insignificant defect principally does not justify any warranty claims;

9.1.2.          the seller has the choice of the type of rectification;  

9.1.3.          the limitation period does not start again if a replacement is made within the scope of the warranty.  

9.2. If the customer acts as an entrepreneur, he/she will be subject to the examination and complaint obligations under § 377 UGB. If these are omitted, the goods are considered as approved. 

9.3. If the customer acts as a consumer, he/she is requested to file a complaint about delivered goods with obvious transport damage with the deliverer and to inform the supplier thereof. If the customer (consumer) does not comply with this, this has no effect on his warranty claims.  

9.4. Complaints due to statutory warranty claims or other complaints can be made under the contact details mentioned in the imprint. 

9.5. The return and shipping costs for the replacement of defective goods within the scope of the statutory warranty shall be borne by the seller, provided that the customer is a consumer.

10. Compensation:

All claims for damages are excluded in cases of negligence. This does not apply to personal injuries or - in the case of consumer transactions - for damage to items taken for processing. The injured party has to prove the presence of slight or gross negligence, unless it is a consumer business. The provisions on compensation contained in these General Terms and Conditions or otherwise agreed apply even if the claim for damages is asserted in addition to or instead of a warranty claim.

11. Indemnification for Infringement of Third-party Rights

If, after the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to the customer's specifications, the customer must ensure that the content provided to the seller by him for the purpose of processing does not violate the rights of third parties, e.g., copyrights or trademark rights. The customer indemnifies the seller against claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.

12. Retention of Title

12.1. The seller reserves the right to ownership of the delivered goods until full payment of the purchase price. The buyer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration. 

12.2. In the event of default of payment by the buyer, the seller is entitled to assert his rights under the retention of title. It is agreed that the assertion of the reservation of title does not constitute a withdrawal from the contract, unless the seller expressly declares the withdrawal from the contract. Any (possible) withdrawal of the seller is without prejudice to the claim for damages for non-fulfillment. In addition, the buyer owes the seller a reasonable fee for the use of the object of purchase. The seller must reimburse the buyer for payments already received within 14 days after the return of the object of purchase, provided that no claims under the previous paragraph exist or that the payments have been already paid by the buyer. 

12.3. The Buyer is obligated to notify the Seller by e-mail of any litigation or execution order on the object of purchase within 7 working days of the delivery of the written pleadings. 

12.4. If the buyer sells the delivered goods to a third party before he has paid the purchase price in full to the seller, the buyer hereby assigns the purchase price due to him from the resale against this third party to the seller as collateral for the (residual) purchase price claim. 

12.5. The Buyer is obligated to make a book entry noting the assignment of the resale proceeds in his account books during the time of the resale at the latest.

12.6. If the buyer sells the delivered goods for cash to a third party before paying the purchase price in full to the seller, he will accept the amount necessary for payment of the (residual) purchase price from the resale proceeds in trust for the seller. He is obliged to identify and hold this amount separately from his other assets and as trustee money of the seller. The trustee is to waive any defense or objection and the trust payment is to be paid immediately to the bank account of the seller (IBAN: AT95 3444 2000 0036 3978). The waiver of a defense does not include the purchaser against the seller on the basis of the legally recognized claims due to the seller.

12.7. Prior to payment of the purchase price for the object of purchase, the buyer is entitled to resell without simultaneous receipt of the purchase price only under the condition that he simultaneously with the resale (1) notes the second purchaser of the advance assignment of the resale proceeds in accordance with this agreement and (2) instructs them individually and in writing to pay the purchase price only to the account of the seller (IBAN: AT95 3444 2000 0036 3978) and (3) notes the resale in his (the buyer's) books of business.

13. Right of Withdrawal of the Seller / Unauthorized Withdrawal of the Customer

13.1. In the event of default of acceptance (Item 7) or other important reasons, such as late payment by the customer, the seller is entitled to withdraw from the contract, provided that he has not yet been fully satisfied by both parties. In the event of withdrawal and if the customer is at fault, the seller has the option to claim a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of default of payment by the customer, the seller is released from all further performance and delivery obligations and is entitled to withhold any outstanding deliveries or services and to demand advance payments or seizures or to withdraw from the contract after establishing a reasonable grace period.

13.2. If the customer –without being entitled to do so– withdraws from the contract or if he requests the cancellation of his contract, the seller then has the choice to insist on the performance of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged to —at the discretion of the seller– pay a lump-sum compensation of 15% of the gross invoice amount or the damage actually incurred.

14. Right of Retention

If it is not a consumer business, in the case of a justifiable complaint –except in cases of rescinded – the customer is not entitled to withhold the entire gross invoice amount, but only a reasonable part of it.

15. Redemption of Discount Vouchers

15.1. Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "discount vouchers") can only be redeemed in the vendor's online shop and during the specified period.

15.2. Individual products may be excluded from the discount promotion when a corresponding restriction is displayed within the content of the promotion. Already reduced products are in principle excluded from discounts and promotions, unless otherwise communicated by the content of the promotion.

15.3. Discount vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.

15.4. Only one promotional coupon can be redeemed per order.

15.5. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

15.6. If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

15.7. The balance of a discount voucher is neither paid in cash nor interest.

15.8. The discount voucher will not be refunded if the customer returns the goods fully or partially paid for by using the discount voucher within the scope of his legal right of withdrawal.

15.9. The discount voucher is transferable. The seller can make a liberating effect to the respective owner who redeems the discount voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the legal incapacity or the lack of representation of the respective owner.

15.10. Discount vouchers and discount codes are not combinable with other special offers and discounts.

16. Batteries

Holzkern watches are, of course, shipped with a battery. These can be returned to us at the end of their service life. We guarantee a professional and environmentally friendly disposal of the batteries. Batteries containing pollutants are indicated by chemical symbols: Cd for cadmium, Hg for mercury, Pb for lead, e.g., Pb = battery contains lead, Cd = battery contains cadmium, Hg = battery contains mercury. Please do not dispose of batteries in the household waste.

17. Warranty Conditions

17.1. The guarantee is granted only to consumers, not to businesses, where a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity.

17.2. The period for the calculation of the guarantee period of 24 months begins with the invoice date. Our warranty is valid worldwide. If defects in our products occur during this period, we grant you, as guarantor under the guarantee, one of the following services of our choice:
• Free repair of the goods or
• Free replacement of the goods against an equivalent article (possibly a successor model if the original goods are no longer available).

17.3. In case of warranty please contact us as guarantor: 

Holzkern - a brand of the Time for Nature GmbH
Autokaderstraße 33/11.3 
1210 Vienna 
Austria 
[email protected]

17.4. Guarantee claims are excluded in cases of damage to the goods which are due to: 
- Abusive or improper handling of the goods, especially resulting in breakage and glass damage 
- Environmental influences (humidity, extreme cold or heat, excess voltage, dust, etc.), especially damage caused by moisture and water 
- Failure to observe any safety precautions 
- Non-compliance with the operating instructions 
- use of force (e.g. blow, hit, drop) 
- unauthorized repair attempts 

17.5. Excluded from the warranty are changes in the color and wood of the (patina, color, structural changes) as well as leather straps.

17.6.  Claiming the guarantee requires that you allow us to check the warranty claim by sending in the goods. It must be ensured that damage to the goods during transport is avoided by using appropriate packaging. 
To apply for the guarantee, you must enclose a copy of the original invoice of the shipment. We ask for your understanding that without settlement of this invoice copy we can refuse the guarantee service as the consignment of the invoice copy is necessary for the calculation of the guarantee period. 
If it concerns a legitimate guarantee claim, we will render the warranty service within 30 days of the dispatch of the commodity to us. 
The freight costs for the return of the goods to us as well as for the return of the goods to you are our responsibility within the framework of the guarantee and will be reimbursed within the scope of the warranty. 
However, they also carry the risk of deterioration or destruction on the transport route of the goods sent to us as part of the guarantee or returned to us by you.  

Note: 
Your statutory rights against us, arising from the purchase agreement concluded with us, are in no way limited by this guarantee. In particular, any existing statutory warranty rights remain unaffected by this warranty. 
If the purchased item is defective, you could then hold us to the framework of the statutory warranty, regardless of whether a warranty claim is submitted or the guarantee is claimed.

18. Severability Clause

Should provisions of this contract be or become in the course of their duration legally ineffective, invalid and/or void, this does not affect the legal validity and the validity of the remaining provisions. The contracting parties in this case commit to replace the provision which is or became ineffective, invalid and/or void with one that is legally effective and valid and which corresponds in its economic effect to the replaced provision as far as is possible and legally permissible.

19. Contests on Facebook and Instagram

19.1. Participation in a Holzkern contest is only possible by taking into account these conditions of participation. By entering the contest, the participant accepts the contest rules. Holzkern conducts sweepstakes on Facebook and Instagram. The contests are not supported by Facebook and are in no way affiliated with Facebook. Facebook is merely the platform on which Holzkern organizes the raffle.

19.2. All natural and business persons with a minimum age of 14 years can take part. Employees or persons in a business relationship with Holzkern are excluded from participation. The participant agrees with the participation that in case of profit his/her name and/or image will be published on the internet. Participation in the contest is possible during the period mentioned in the posting. The entry deadline is also to be gathered from the contest posting. Participation is only possible within the time frame specified in the contest description. Any recourse to courts of law is excluded.

19.3. Liability Damages claims against Holzkern, which are in connection with the contest, are - within the legally permissible - excluded from the legal ground independent of legal basis, unless Holzkern would have deliberately or violated legal obligations with gross negligence. Furthermore, Holzkern is not liable for damages resulting from the impairment of the availability of the contest-posting, in case of non-controllable technical disturbances and events of force majeure, as well as attacks by third parties against the contest-posting. Holzkern will do everything it can to ensure the reliability and functionality of the contest postings. Furthermore, Holzkern does not guarantee that the contest posting on the respective participant's computer is properly functional.

19.4. Holzkern grants the highest possible data protection standard in the contest and observes all relevant legal provisions in this regard. Holzkern will not forward any personal data to third parties or sell address data. Holzkern stores the personal data of the respective participant exclusively for the purpose of the contest. The participant hereby expressly declares his/her consent to the storage and use of the personal data provided for the purpose mentioned above.

19.5.  Severability clause: Should individual provisions of these conditions of participation be ineffective or if a loophole exists, this does not affect the validity of the remaining provisions. The ineffective or missing provisions shall be replaced by a provision which comes closest to the purpose of the contract and the statutory provisions.

19.6. Selection Process: The winner will be selected in the manner announced in the post (coincidence or jury decision). It is not subject to legal recourse.

19.7. All legal persons or natural persons with a minimum age of 14 years can take part to the Holzkern Jackpot Summer Promotion.

19.8. The promotion applies to all orders exceeding 40$ in value having used the creators' unique discount codes and being shipped between July 1st, 2021 and July 31st, 2024, except for individual orders for accessories such as care balm and or empty boxes and postcards.

19.9. The tickets must be redeemed by 31.08.2021, after which all tickets, including main prizes, lose their validity.

19.10. The combined redemption of several tickets is excluded.

19.11. Cancellation or return of an order with a ticket in the promotional period will invalidate the prize draw.

19.12. It is not possible to combine the winning tickets with another promotion.

19.13. If, due to a problem in the logistics process, there is no ticket in the order sent during the promotion period, there is no entitlement to replacement.

19.14. A single ticket is enclosed with every order sent within the promotional period. Regardless of how many products this order contains.

19.15. Tickets cannot be exchanged in the event of dissatisfaction.

19.16. A subsequent redemption of a winning ticket to the order through which the winning ticket was received is not possible.

19.17. Contact: For questions regarding the implementation of this Sweepstake and the processing and use of personal information, please contact: [email protected]

Good luck!

20. Place of Performance / Governing Law

20.1. Place of performance is the seat of the seller. 

20.2. Substantive Austrian law is applicable to this contract to the exclusion of the reference norms of international private law (e.g., EVÜ, ROM-I VO) and the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to a consumer only to the extent that it does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.

21. Place of Jurisdiction

The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer business, the court having local and subject-matter jurisdiction at the seat of the seller is exclusively responsible for the resolution of all disputes arising from this contract.

22. Payment method Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United KingdomGermanySwedenNorwayDenmarkFinlandAustria and the Netherlands.
  • Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

23. Final provisions

23.1. All declarations of a legally binding nature based on this contract must be submitting in writing to the address of the respective contracting party last notified in writing. If a declaration is sent to the last address given in writing, this is deemed to have been received by the respective contracting party. 

23.2. The title of the headings chosen for the individual chapters is solely for the sake of clarity and therefore cannot be used to interpret this contract. 

23.3. The assignment of individual rights and obligations from these terms and conditions is only permitted with the express written consent of the other contracting party.

23.4. The terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website and the Content and information available on the Website, unless terminated earlier in accordance with the Terms.

23.5. The Terms are final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

24. Privacy and cookie policy

DATA PROTECTION

This Privacy Policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "Data") within our online offering and the related websites, features and content, as well as external online presence, e.g. our Social Media Profile (collectively referred to as the "Online Offering"). With regard to the terminology used, e.g. "Processing" or "Responsible", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

 

RESPONSIBLE

Time for Nature GmbH
Autokaderstraße 33/11.3
1210 Vienna
E-mail address: [email protected]
Managing Director: Georg Holzer
Link to the imprint: https://www.holzkern.com/en/imprint/

 

A TYPES OF PROCESSED DATA:

- Inventory data (e.g., names, addresses).
- contact information (e.g., e-mail, phone numbers).
- content data (e.g., text input, photographs, videos).
- usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).

 

CATEGORIES OF AFFECTED PERSONS

Visitors and users of the online offer (hereinafter we refer to the affected persons as "users").

 

PURPOSE OF PROCESSING

- Provision of the online offer, its functions and contents.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach Measurement / Marketing

 

USED TERMS 

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.

"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.

"Profiling" means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal to analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.

"Responsible person" means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.

"Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller. 

 

RELEVANT LEGAL BASES

In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.

 

SAFETY MEASURES

We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).

 

COLLABORATION WITH PROCESSORS AND THIRD PARTIES

If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (eg the use of agents, webhosters, etc.).

If we commission third parties to process data on the basis of a so-called "contract processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

 

RIGHTS OF DATA SUBJECTS

You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.

You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible.

You have gem. Art. 77 GDPR the right to file a complaint with the competent supervisory authority.

 

WITHDRAWAL

You have the right to grant consent in accordance with. Art. 7 para. 3 GDPR with effect for the future.

 

RIGHT TO OBJECT

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.

 

COOKIES AND RIGHT TO OBJECT IN DIRECT MAIL

"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. 

General Opt-Out: A general contradiction to the use of cookies used for online marketing purposes can be found in a variety of services, especially in the case of tracking, via the US website https://www.aboutads.info/ or the EU site https://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all features of this online offer may be used.

 

DELETION OF DATA

The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That The data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).

According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.

 

BUSINESS-RELATED PROCESSING

In addition, we process

- contract data (e.g., subject, term, customer category).

- Payment data (e.g., bank details, payment history)

from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

ORDER PROCESSING IN THE ONLINE SHOP AND CUSTOMER ACCOUNT

We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data and persons affected by the processing belong to our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.

Processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) GDPR. The required information for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if necessary, for the fulfillment of the contract (for example, on customer's request upon delivery or payment).

Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 para. 1 lit. c GDPR necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to secure their data upon termination before the end of the contract.

As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR.

The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

EXTERNAL PAYMENT SERVICE PROVIDERS

We use external payment service providers, through whose platforms the users and we can make payment transactions (eg, with a link to the privacy policy)

Stripe (https://stripe.com/at/privacy)

Paypal (https://www.paypal.com/webapps/mpp/ua/privacy-full)

Klarna (https://www.klarna.com/de/datenschutz/)

Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)

Mastercard (https://www.mastercard.de/de-de/datenschutz.html)

American Express (https://www.americanexpress.com/us/content/customer-privacy-principles.html)

As part of the fulfillment of contracts, we set the payment service providers on the basis of Art. 6 para. 1 lit. b. GDPR. Incidentally, we use external payment service providers on the basis of our legitimate interests. Art. 6 para. 1 lit. f. GDPR in order to offer our users effective and secure payment options.

Amongst the data processed by the payment service providers are inventory data, e.g. the name and the address, bank data, such as Account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, summary and recipient-related information. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. That We do not receive any account or credit card information, but only information with confirmation or negative disclosure of the payment. The data may be transmitted by the payment service providers to credit reporting agencies. This transmission aims at the identity and credit check. For this we refer to the terms and privacy policy of payment service providers.

For the payment transactions, the terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites, or transaction applications apply. We also refer to these for further information and assertion of rights of withdrawal, information and other data subjects.

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

 

ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT

We process data in the context of administrative tasks and organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.

 

BUSINESS ANALYSIS AND MARKET RESEARCH

In order to operate our business economically, to recognize market trends, wishes of the contractors and users, we analyze the data available to us for business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata based on the nature 6 para. 1 lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyzes are carried out for the purpose of business analysis, marketing and market research. In doing so, we can provide the profiles of registered users with information, e.g. take into account their services. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes.

If these analyzes or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.

 

PARTICIPATION IN AFFILIATE PROGRAMS

Within our online offer, we rely on our legitimate interests (i.e., interest in the analysis, optimization and economic operation of our online offer) acc. Art. 6 para. 1 lit. f GDPR industry-standard tracking measures as required for the operation of the affiliate system. Below we clarify the users about the technical background.

The services offered by our contractual partners can also be advertised and linked to other websites (so-called affiliate links or after-buy systems, if, for example, links or services of third parties are offered after conclusion of a contract). The operators of the respective websites receive a commission if users follow the affiliate links and then take advantage of the offers.

In summary, our online offering requires us to be able to keep track of whether users who are interested in affiliate links and / or the offers available to us then take advantage of the offers on the affiliate links or on our online platform. For this, the affiliate links and our offers are supplemented by certain values that are part of the link or otherwise, e.g. in a cookie, can be set. The values include in particular the source website (referrer), time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking specific values such as Ad ID, affiliate ID, and categorizations.

The online user IDs used by us are pseudonymous values. That the online identifiers themselves do not contain personal data such as names or e-mail addresses. They only help us determine whether the same user who clicked on an affiliate link or was interested in an offer through our online offer, perceived the offer, i. e.g. has signed a contract with the provider. However, the online identification is personal.

 

RECORDING FUNCTION 

Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 para. 1 lit. b GDPR processed for purposes of providing the user account. The processed data include in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account and its purpose.

Users may have access to information relevant to their user account, e.g. technical changes, be informed by e-mail. If users have terminated their user account, their data will be deleted with respect to the user account, subject to a statutory retention requirement. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and registration functions as well as the use of the user account, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.

 

CONTACT

When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b) GDPR processed. User information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization.

We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.

 

NEWSLETTER

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletter contains information about our services and us.

Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. That After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.

Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.

The dispatch of the newsletter and the associated performance measurement are based on a consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 GDPR i.V.m § 7 Abs. 2 No. 3 UWG or if consent is not required, based on our legitimate interests in the direct marketing acc. Art. 6 para. 1 lt. F. GDPR i.V.m. § 7 Abs. 3 UWG.

The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove our consent.

Termination / Revocation - You may terminate the receipt of our newsletter at any time, ie. Revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.

 

NEWSLETTER - SHIPPING SERVICE PROVIDER

We use SendinBlue for sending newsletters. The provider is SendinBlue SAS, 55, rue d'Amsterdam, 75008 Paris, France. SendinBlue is a service with which the newsletter dispatch can be organized and analyzed. The data entered by you for the purpose of receiving the newsletter (e-mail address, for example) will be stored on SendinBlue's servers.

Our newsletter sent with SendinBlue allows us to analyze the behavior of newsletter recipients. This can for example analyze how many recipients have opened the newsletter message and how often which link in the newsletter was clicked. 

The data processing is based on your consent. You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the already completed data processing operations remains unaffected by the revocation.

If you do not want analysis by SendinBlue, you have to unsubscribe from the newsletter. For this we provide in each newsletter message a corresponding link. Furthermore, you can revoke your consent at any time with effect for the future by e-mail to the address given in the imprint.

The data you have stored with us for the purposes of subscribing to the Newsletter will be stored by us from the newsletter until you submit it and will be deleted from our servers as well as from the SendinBlue servers after you have unsubscribed from the newsletter. Data that has been stored for other purposes with us (such as e-mail addresses for the members area) remain unaffected.

For details, see the SendinBlue privacy policy at: https://en.sendinblue.com/legal/privacypolicy/.

 

NEWSLETTER - SUCCESS MEASUREMENT

The newsletters contain a so-called "web-beacon", i. a pixel-sized file that is retrieved from the server when opening the newsletter from our server, or if we use a shipping service provider. This call will initially collect technical information, such as information about the browser and your system, as well as your IP address and time of retrieval.

This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times. Statistical surveys also include determining if the newsletters will be opened, when they will be opened and which links will be clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our goal nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

A separate revocation of the performance measurement is unfortunately not possible, in this case, the entire newsletter subscription must be terminated.

 

HOSTING AND E-MAILING

The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services we use to operate this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f GDPR Art. 28 GDPR (conclusion of contract processing contract).

 

MAGENTO

We use Magento software from Adobe Systems Software Ireland Limited, 4-6 Riverwalk Citywest Business Campus Dublin 24, Republic of Ireland, as a software system to operate our online store functionally. In the course of processing any personal information, it will be stored on AWS servers hosted in Frankfurt ("Amazon Web Services").

 

GOOGLE TAG MANAGER

Google Tag Manager is a solution that allows us to manage so-called web site tags through one interface (including, for example, Google Analytics and other Google marketing services in our online offering). The tag manager itself (which implements the tags) does not process users' personal data. With regard to the processing of users' personal data, reference is made to the following information about Google's services.

Usage Policy: https://www.google.com/analytics/tag-manager/use-policy/.

 

GOOGLE ANALYTICS

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), Google Analytics uses a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Opt-Out: For more information about Google's data usage, hiring and disparaging options, please read Google's Privacy Policy (https://policies.google.com/technologies/ads) and Google's Ads Ads Settings (https://adssettings.google.com/authenticated).

The personal data of users will be deleted or anonymized after 14 months.

 

GOOGLE ANALYTICS 4

We use Google Analytics in the form of "Google Analytics 4". "Google Analytics 4" refers to a method of Google Analytics in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of different devices (so-called "cross-device tracking").

 

TARGETING WITH GOOGLE ANALYTICS

We use Google Analytics to display advertisements displayed within Google and its affiliate advertising services, only those users who have shown an interest in our online offering or who have certain characteristics (eg interests in specific topics or products visited by them) Web pages) that we submit to Google (so-called "remarketing" or "Google Analytics audiences"). With Remarketing Audiences, we also want to make sure that our ads meet the potential interest of users.

 

GOOGLE ADWORDS AND CONVERSION MEASUREMENT

We use the services of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 (1) lit. DSGVO), USA, ("Google").

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use Google's online marketing method "AdWords" to place ads on the Google advertising network (e.g., in search results, in videos, on websites, etc.) to show them to users who have a suspected interest in the ads. This allows us to better target advertisements for and within our online offering so that we only present ads to users that potentially match their interests. If a user e.g. Showing ads for products, he was looking for on other online offers is called remarketing. For these purposes, upon access to our and other websites where the Google Advertising Network is active, Google will immediately execute a code from Google and become so-called (re) marketing tags (invisible graphics or code, also as " Web beacons ") incorporated into the website. With their help, the user is provided with an individual cookie on the device a small file is saved (instead of cookies, comparable technologies can be used). In this file it is noted which web pages the user visited, for what content he is interested and what offers the user has clicked, as well as technical information about the browser and operating system, referring web pages, visit time and other information on the use of the online offer. Take note, among other things, that YouTube is a Google product that can use the set Google AdWords cookies.

Furthermore, we receive an individual "conversion cookie". The information obtained through the cookie is used by Google to generate conversion statistics for us. However, we only hear about the anonymous total number of users who clicked on our ad and were redirected to a conversion tracking tag page. However, we do not receive information that personally identifies users.

The data of the users are pseudonym processed in the context of the Google advertising network. That Google stores and processes e.g. not the name or e-mail address of the users but processes the relevant data cookie-related within pseudonymous user profiles. That from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the United States. 

Opt-Out: For more information about Google's data usage, hiring and opt-out options, please read Google's Privacy Policy (https://policies.google.com/technologies/ads) and Google's Ads Settings (http://policies.google.com/technologies/ads). https://adssettings.google.com/authenticated).

 

GOOGLE DOUBLECLICK

We use the services of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 (1) lit. GDPR), USA, ("Google").

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use Google's online AdWords marketing tool "AdWords" to place ads on the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are displayed to users who have a suspected interest in the ads. This allows us to more specifically display ads for and within our online offering so that we only present ads to users that potentially match their interests. If a user e.g. Showing ads for products he's been looking for on other online offers is called remarketing. For these purposes, upon access to our and other websites where the Google Advertising Network is active, Google will immediately execute a Google code and become so-called (re) marketing tags (invisible graphics or code, also known as ")." Web beacons ") incorporated into the website. With their help, the user is provided with an individual cookie, i. a small file is saved (instead of cookies, comparable technologies can also be used). In this file is noted which websites the user visited, for what content he is interested and what offers the user has clicked, as well as technical information about the browser and operating system, referring websites, visit time and other information on the use of the online offer.

Furthermore, we receive an individual "conversion cookie". The information obtained through the cookie is used by Google to generate conversion statistics for us. However, we only hear the anonymous total number of users who clicked on our ad and were redirected to a conversion tracking tag page. However, we do not receive any information that personally identifies users.

The data of the users are pseudonym processed within the Google advertising network. That Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. That from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the United States.

Opt-Out: For more information about Google's data usage, hiring and disparaging options, please read Google's Privacy Policy (https://policies.google.com/technologies/ads) and Google's Ads Ads Settings (https://adssettings.google.com/authenticated).

 

GOOGLE OPTIMIZE

Our website also uses Google Optimize. Google Optimize analyzes the use of different variations of our website and helps us to improve the usability according to the behavior of our users on the website. Google Optimize is a Google Analytics integrated tool.

Opt-Out: see GOOGLE ANALYTICS

 

BING ADS

Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we base our online offer on the conversion and tracking tool "Bing Ads" Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. Microsoft stores cookies on the users' devices in order to allow users to analyze the use of our online offer as long as users have accessed our online offer via a Microsoft Bing ad (so-called "conversion measurement"). Microsoft and we can thus recognize that someone clicked on an ad, was redirected to our online offer, and reached a previously determined landing page (called the "conversion page"). We only hear the total number of users who clicked on a Bing ad and were then redirected to the conversion page. No IP addresses are stored. No personal information on the identity of the users is given.
Microsoft is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000KzNaAAK&status=Active). 

Opt-Out: If users do not want to participate in the Bing Ads tracking process, you may opt out of setting a cookie by browser setting or using the Microsoft opt-out page: https://choice.microsoft.com/ -DE / opt-out.
For more information about privacy and cookies on Microsoft Bing Ads, please refer to the Microsoft Privacy Policy: https://privacy.microsoft.com/en-us/privacystatement.

 

FACEBOOK PIXELS, CUSTOM AUDIENCES AND FACEBOOK CONVERSION

Within our online offer is due to our legitimate interests in analysis, optimization and economic operation of our online offer and for these purposes, the so-called "Facebook pixel" of the social network Facebook, by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or, if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook").

Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

With the help of the Facebook pixel, it is on the one hand possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook Pixel to display the Facebook Ads we submit to only those Facebook users who have shown an interest in our online offering or certain features (eg interests in certain topics or products based on the websites visited determined), which we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and are not annoying. With the help of the Facebook pixel we can also understand the effectiveness of the Facebook ads for statistical and market research purposes, in which we see whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").

The processing of the data by Facebook is part of Facebook's data usage policy. Accordingly, general notes on how to display Facebook Ads, in Facebook's Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook Pixel and how it works, visit the help section of Facebook: https://www.facebook.com/business/help/651294705016616.

You may object to the capture by the Facebook Pixel and use of your data to display Facebook Ads. To set which types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions for the usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform independent, i. they are adopted for all devices, such as desktop computers or mobile devices.

We match your user ID with the services of Facebook, Inc. in order to obtain additional information about your user behavior so that the advertising display can be more relevant. The legal basis for this is your consent to Art. 6 para. 1 p. 1 lit. a) GDPR.

Opt-Out: You can also use the Cookies for distance measurement and promotional purposes via the deactivation page of the Network Advertising Initiative (https://networkadvertising.org/) and in addition the US website (https://www.aboutads.info) or the European website (https://www.youronlinechoices.com).

 

ONLINE PRESENCE IN SOCIAL MEDIA

We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.

Unless otherwise stated in our Privacy Policy, we process users' data as long as they communicate with us within social networks and platforms, e.g. Write posts on our online presence or send us messages.

 

INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES

Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we make use of content or services offered by third-party providers in order to provide their content and services, such as include videos or fonts (collectively referred to as "content").

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.

 

USE OF FACEBOOK SOCIAL PLUGINS

Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) f. GDPR) we use social plugins ("plugins") of the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user invokes a feature of this online offering that includes such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs the users according to our knowledge.

By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options for protecting the privacy of users, can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/ .

Opt-Out: If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and inconsistencies regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site https://www.aboutads.info or the EU page https://www.youronlinechoices.com/. The settings are platform independent, i. they are adopted for all devices, such as desktop computers or mobile devices.

 

INSTAGRAM 

Within our online offering, features and content of the Instagram service offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be incorporated. For this, e.g. Content such as images, videos, or text and buttons that allow users to share content from this online offering within Instagram. If the users are members of the platform Instagram, Instagram can call the o.g. Assign contents and functions to the profiles of the users there.

Opt-Out: Instagram privacy policy: https://instagram.com/about/legal/privacy/

 

TWITTER

Twitter's Remarketing feature (Twitter Inc., 1355 Market Street Suite 900, San Francisco, CA 94103, USA), which we use on our website, allows us to engage visitors with Twitter-based advertisements based on their interests. For this purpose, Twitter uses so-called "tags". This day will record site visits and website usage data. When a user visits a webpage containing such a tag, Twitter places a cookie in the user's browser. The unique ID of this cookie is recorded and it is included in the audience for remarketing on Twitter. If you visit Twitter below, you will see ads based on your interests. Personal data is not collected or stored by you, and you are therefore not identifiable for us on Twitter.

Opt-Out: If you do not want Twitter to not target you with targeted advertising, you can disable this feature on Twitter at https://support.twitter.com/articles/20171528. In addition, Twitter supports the option "Do Not Track (DNT)". You can activate these at: https://support.twitter.com/articles/20171372. If you've enabled the DNT option in the browser, Twitter will not associate your account with browser-related information to serve you tailored ads. For more information on Twitter privacy and Twitter advertising, visit https://twitter.com/en/privacy

 

TABOOLA

Our website uses technologies from Taboola Inc. (28 West 23rd St. 5th Fl, New York, NY 10010, www.taboola.com, "Taboola"). Taboola uses cookies that determine what content you use and which of our pages you visit. The cookie enables us to create pseudonymous user profiles by collecting device-related data as well as log data and to recommend content that suits your personal interests. So we can design our offer individually for you. These usage profiles do not allow you to draw conclusions about your person.

Opt-Out: For more information about Taboola and the ability to disable the Taboola cookie, visit https://www.taboola.com/privacy-policy (opt-out information at Site Visitor Choices).

 

MAYA.AI

We have tied up with a third-party vendor, Crayon Data Pvt. Ltd, to implement their product, maya.ai, on our website. maya.ai is a product that personalizes the website experience in order to improve customer's experience on our website. We do NOT share any personal details of our customers with our third-party vendor and all recommendations made by third party product are done based on the pre-existing cookies.

While no customer’s personal data is shared with the vendor, there is an option to delete all your cookies from our website. Deleting customer cookies will remove all personalization from this website. Customer’s existing maya.ai cookie will be deleted once the customer closes the active session. All future cookies remain on the customer’s browser itself. Customer’s cross-session browsing is not tracked.

Our third-party vendor is not able to identify any repeat customers as no personally identifiable information of customer is shared with them.

Opt-Out: However, to turn off cookies, you can do that at any time through your browser settings.

For more information please refer to https://www.crayondata.com/

 

CRITEO

On our web pages aggregated and at any rate pseudonymized information about the surfing behavior of the website visitors are collected and stored by a technology of Criteo GmbH (Criteo GmbH, Lehel Carré, Gewürzmühlstraße 11, 80538 Munich, Germany) for marketing purposes. These data are stored in cookies on the visitor's computer. Based on an algorithm, Criteo GmbH analyzes the recorded surfing behavior and can then display targeted product recommendations as personalized advertising banners on other websites (so-called publishers). The data are pseudonymized for us and are not used by us to personally identify you as a visitor to our websites. The collected data will only be forwarded to Criteo GmbH for the purpose of retargeting.

We store the data for a period of 13 months.

Opt-Out: You can read Criteo's privacy policy and privacy policy in general and opt-out of the pseudonymous analysis of your surfing behavior at https://www.criteo.com/privacy/ (opt-out).

 

AWIN

We are on the basis of our legitimate interests (ie interest in the economic operation of our online offer within the meaning of Art. 6 para 1 lit. DSGVO) participants in the affiliate program of AWIN AG, Eichhornstraße 3, 10785 Berlin, Germany, to provide a medium that has been designed for websites that earn advertising costs through the placement of advertisements and links to AWIN (so-called affiliate system). AWIN uses cookies in order to understand the origin of the contract. Among other things, AWIN can recognize that you have clicked the partner link on this website and then made a contract with or through AWIN.

Opt-Out: For more information about Awin's data usage and opt-out options, please refer to the Company's Privacy Policy: https://www.awin.com/legal.

 

Lucky Orange

This website uses the Lucky Orange web analytics service of Lucky Orange LLC, 8680 w. 96th Street, Suite 200, Overland Park, KS 66212, USA, to analyze and regularly improve the use of our website. With the statistics we can improve our offer and make it more interesting for you as a user. The legal basis for the use of Lucky Orange is Art. 6 para. 1 sentence 1 lit. f DS-GMO. Lucky Orange is Privacy Shield certified. 

For this evaluation, cookies are stored on your computer and transmitted for evaluation to servers of Lucky Orange LLC in the USA.

Opt-Out: You can adjust the evaluation by deleting existing cookies and preventing the storage of cookies. If you prevent the storage of cookies, we point out that you may not be able to use this website to the full extent. Preventing the storage of cookies is possible by setting in your browser. Preventing the use of Lucky Orange is possible by activating an opt-out cookie at the following link: https://privacy.luckyorange.com/.

This website uses Lucky Orange in IP Masking mode. As a result, IP addresses are processed shortened, a direct person-relatedness can thus be excluded. The IP address transmitted by Lucky Orange from your browser will not be merged with other data collected by us. For information about Lucky Orange privacy, visit https://www.luckyorange.com/privacy.php.

 

Speedkit

We use the product Speed Kit from Baqend GmbH, Stresemannstr. 23, 22769 Hamburg, Germany, to reduce page load time. For this purpose, publicly viewable data is delivered via the infrastructure of Baqend GmbH. No personalized or person-related content is transmitted or stored in the process. IP addresses are anonymized immediately after transmission. You can find Speedkit's privacy policy here.

 

Snapchat

Within our online offer, functions and contents of the service Snapchat, offered by Snap Inc, has its registered office in the United States, USA, 3000 31st Street, Santa Monica, California 90405, may be integrated. This may include content such as images, videos or texts and buttons with which users can access content of this online offer within Snapchat. If the users are members of the Snapchat platform, Snapchat can assign the call of the above-mentioned content and functions to the profiles of the users there.


Opt-Out:Snapchat privacy policy:
https://values.snap.com/privacy/privacy-policy?lang=en-US

 

Tiktok Pixel

The social media platform "TikTok" is operated in Europe by TikTok Technology Limited, with its registered office at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. You can find TikTok's privacy policy here. In part, both TikTok and we are responsible for processing your data. Accordingly, TikTok and we are responsible for data processing to establish interactions and reporting with any of our TikTok Sites or other TikTok Content.

TikTok Technology Limited, as the site operator, provides statistics and insights that help us gain knowledge about the types of actions people take on our sites ("Measurements as well as Insight Reportings"). Measurements and Insight Reporting are aggregate statistics generated from certain events logged by TikTok's servers when people interact with pages and their associated content. As a site operator, we do not have access to the data processed in the context of events, but only to the aggregated measurements as well as insight reportings.

TikTok Technology Limited has an agreement that defines who has to fulfill which obligation under the GDPR. It is agreed that TikTok Technology Limited is responsible for providing you with information about the processing for measurements as well as insight reporting and enabling you to exercise your rights under the GDPR.

 

SOLVEMATE

The chatbot offers the user the opportunity to have questions answered around the clock. In addition, the user can use digital forms in the chatbot to send requests to us for processing.

If you use input fields, the data you enter, such as your e-mail address and your name, will be recorded by us in order to answer your questions. The legal basis is Article 6 Paragraph 1 Clause 1 Letter b and Article 6 Paragraph 1 Clause 1 Letter f GDPR. We have a legitimate interest in ensuring smooth customer service.

When using the chatbot for the first time, a "Universally Unique Identifier" (UUID) is assigned to the user once. This allows an interrupted conversation, search or input in the chatbot to be continued at any time (similar to cookies on websites). This is also saved in the events. The UUID remains stored in the browser and associated with the user until local data is deleted.

The data entered via the chatbot is recorded by our processor (Solvemate, Friedrichstraße 123, 10117 Berlin) and made available to us for evaluation.

 

EXACTAG

We use the services of Exactag (Exactag GmbH, Theodorstraße 178, 40472 Düsseldorf, Germany) on our website. Exactag GmbH ("Exactag") collects, processes and stores data on this website and its subpages for reach measurement, statistical analysis and business cost optimization.

Data is collected in two fundamentally different ways and on two different legal bases:

  • Is acc. Art. 6 para. 1 sentence 1 lit. a GDPR, Section 25 (1) sentence 1 TTDSG, the data to be processed is collected on a user-related basis.
  • If the user has not given their consent, the data will be collected anonymously, i.e. without any personal data or information. personal data, and in a grouped manner, i.e. by randomly assigning collected data to groups of users. It is therefore impossible to draw conclusions about the individual user. This anonymous survey is acc. § Section 25 (2) no. 2 TTDSG is absolutely necessary in order to optimize business costs and thus guarantee the requested service.

Exactag uses cookies as a technology to collect the data. Different cookies are used for the different types of collection mentioned above in order to guarantee the respective type of collection.

Would you like to object to data processing?

In order to ensure the exclusion of user-related data processing, a cookie can be set in your browser as an alternative to the lack of consent in the data protection settings. This cookie is called "optout" and is set by "exactag.com" set. It may not be deleted as long as you object to the user-related data processing.

 

CND

To measure the effects of our TV commercials on our websites, we use Motion Media Analytics from CND (CND Motion Media GmbH, Holzstr. 2, 80469 Munich). For this purpose, we have implemented the CND tracking script in our websites. The service generally works without cookies. If you have given your consent, CND sets a session cookie on our behalf to register your visit to pages and a cookie with the time of your first visit, which is deleted after 28 days. Within the scope of the survey, users are treated as a purely statistical variable or visitor events are recorded for purely statistical purposes. IP addresses processed in the proce are anonymized. No personal data is collected and permanently stored by CND when you use our website. It is therefore not possible to draw conclusions about individual households persons. We have concluded an order processing contract with CND. The legal basis for the use of CND is Art. 6 para. 1 lit. f GDPR and Art. 6 para. 1 lit. a GDPR for cookies after consent. Y can find more information about the service provider at: www.cnd-motionmedia.de If you wish to prevent the collection of data by CND during your visit to our website, you can deactivate CND directly with the provider here: https://analytics.cnd-motionmedia.de/web/function/optout

 

HOW WE PROTECT YOUR PERSONAL DATA

We take the protection of your personal information very seriously and implement appropriate technical and organisational measures to protect it against unauthorised or unlawful processing of this data and their accidental loss, destruction or damage.


CHANGES TO THIS PRIVACY POLICY 

We reserve the right to change this Privacy Policy when updating our website or changing our data processing processes. We therefore recommend that you read our privacy policy regularly in order to identify changes. This Privacy Policy was last updated on May 15, 2024