Login
Try for €0

General Terms and Conditions & Privacy Policy

General Terms and Conditions

Adspert GmbH (hereinafter “Adspert”) has developed various software products for optimizing online marketing activities (hereinafter “Software Products”), which it makes available to entrepreneurs (hereinafter “Clients”) as “Software as a Service” via the Internet. The use of these Software Products described in Clause I. shall be subject to the general terms and conditions set forth in Clause II. (hereinafter referred to as “GTC”).

I. Statement of Work

The Software Products consist of self-learning software for managing and controlling advertising campaigns on online advertising platforms (such as Google Ads, Yandex.Direct, Microsoft Advertising, Amazon, Ebay) that flexibly adapts to market changes.

The control of advertising is based on statistical analysis. The Software Products automatically control the cost-per-click (hereinafter “CPC”) bid as well as, if and to the extent supported by the platforms, other dimensions such as devices, age and gender in line with the Client’s goals. Depending on the Client’s objective, this may be to help maximize profit, generate a certain number of conversions, spend a certain budget, achieve cost per conversion, increase return on investment (hereinafter “ROI”), achieve certain ACoS or CRR, or an individual objective, which is transmitted to the respective Software Product via an API. In addition, the Software Products find new biddable objects like keywords, ASIN, placements, bid adjustments and add them to the client account.

The Software Products explicitly offer support only but do not guarantee the successful achievement of the Client’s goals. In particular, if the goals are set too ambitiously by the Client, it is possible that these goals will not be achieved by the Software Products. Furthermore, the functioning of the Software Products also depends on the proper functioning of the corresponding interfaces/API of the online advertising platforms, which are outside Adspert’s sphere of influence; in the event of a failure of the interfaces, the Software Products may be temporarily unable to adjust the bids.

Further descriptions and specifications, if available, can be found on Adspert’s website.

It is expressly pointed out that under certain circumstances an automatic upgrade of the selected Software Product to another Software Product may be made, which is binding for the Client. Details in this regard are regulated in Section 2.6 of the GTC.

II. General Terms and Conditions

1. Scope of Application

1.1 These GTC apply to all agreements concluded between Adspert and the Client concerning the use of Software Products (hereinafter referred to as “Software Use Agreements”), even if they are not expressly agreed again within the scope of subsequent software use agreements.

1.2 Unless otherwise agreed individually, these GTC and, if used, the terms and conditions of the written or electronic order form shall apply exclusively. The terms and conditions of the order form shall prevail in the event of overlaps or contradictions with these GTC.

1.3 General terms and conditions of the Client shall only become part of the Agreement if Adspert expressly agrees to such in writing. If Adspert enables the Client to use the Software Products while being aware of deviating terms and conditions of the Client, such deviating terms and conditions shall nevertheless only apply with the express written consent of Adspert.

1.4 The use of the Software Products is only permitted to entrepreneurs in the sense of section 14 German Civil Code (Bürgerliches Gesetzbuch, BGB). Insofar as the Client is a natural person, use is only permitted to persons of legal age.

1.5 Adspert reserves the right to change or extend these GTC at any time with effect for the future, insofar as this appears necessary to Adspert and does not affect the Client contrary to good faith. Amendments or modifications (hereinafter: “Amendments”) to the GTC may be necessary in particular in the event of technical innovations, further developments and upgrades of the Software Products, as well as in order to adapt to a changed legal situation, which also includes recent court rulings. The Client shall be notified of any Amendment in a suitable manner in text form at least six (6) weeks before the amendment takes effect. The reference to the Amendment to the GTC shall generally be made by e-mail or within the client account, but at least upon the Client’s next login to his client account.

The Client has the right to accept the Amendment or to object to it within an objection period of six (6) weeks after notification of the impending Amendment and the opportunity to inform Adspert of the objection.

In the event that the Client does not object to the Amendment within the objection period or continues to use the Software Products thereafter, the Amendment shall be deemed to have been accepted and shall become an integral part of the Agreement.

Adspert will inform the Client about the possibility of objection, the objection period as well as the legal consequences, in particular with regard to a failure to object, when announcing the Amendment.

2. Conclusion of Agreement, Setting up of Client Account and Connectivity to Selected Software Product

2.1 The conclusion of the Agreement shall be carried out either offline or online. 

2.1.1 Offline: Adspert forwards a binding offer to the Client for the conclusion of a software use agreement, which remains valid for seven (7) calendar days, unless otherwise specified. If the Client accepts this offer within this period (receipt of the declaration of acceptance by Adspert), a binding software use agreement is concluded.

2.1.2 Online: A binding software use agreement between Adspert and the Client shall be concluded by way of an online registration of the Client for the respective Software Product.

2.2 After conclusion of the Agreement, an individual client account will be set up for the Client. To set up the client account, the Client must provide Adspert with the data requested in the set-up process. 

If these or other data required for the proper execution of the Agreement change, the Client shall immediately inform Adspert of each.

2.3 After setup of the client account, the respective Software Product selected by the Client will be connected. 

2.3.1 For this purpose, the Client requires an active account previously set up by the Client with the respective online advertising platform. The Client shall be responsible for compliance with the relevant terms of use and other binding regulations of the respective managed online advertising platform. The use of the Software Products is expressly not intended to violate any regulations of the online advertising platforms; such use is neither accepted nor supported by Adspert. 

2.3.2 The connectivity to individual online advertising platforms depends on the respective specifications and technical requirements of the marketing programs of the individual online advertising platforms. The Client shall ensure that hardware and software requirements to be fulfilled on his part, including a sufficiently strong Internet connection, are fulfilled.

2.3.3 For the connectivity, the Client’s consent to the use of its data by Adspert within the framework of the online advertising platform is required (e.g. by providing his Google Ads account number or the Google Ads API). The Client shall ensure that Adspert is granted all necessary approvals.

2.3.4 The Client shall provide Adspert with the information required for the connectivity. If the information in this regard is not provided or is incorrect, the use of the respective Software Product is not possible. 

2.3.5 For the optimization of the Client’s accounts with the online advertising platforms, Adspert shall be granted access by the Client in accordance with the authentication protocols of the respective online advertising platform. Adspert requires a write access for each account to be optimized on an online advertising platform, which is granted separately for each account in order to ensure maximum transparency and clarity of the process.

2.3.6 In the process of adding the respective account to the respective Software Product, the Client will be asked to first select the online advertising platform of the respective account it wishes to connect. After having selected the online advertising platform, the Client will then be redirected to the relevant online advertising platform itself in order to complete the authentication process. During this authentication process, which is performed by the selected online advertising platform, the Client must expressly consent to Adspert obtaining write access to the desired account via the official API of the online advertising platform.

2.3.7 After successful completion of authentication by the online advertising platform, the Client returns to the Adspert Software Product, where he can select the account to be optimized and complete the process by confirming the selection and thus initiating the first synchronization of the selected account.

2.4 The system requirements of the respective Software Product are to be taken into account by the Client. The Client acknowledges that optimum performance can only be achieved if he uses the latest versions of the compatible browsers in each case.

2.5 The Client is responsible for keeping his client account password confidential. 

2.5.1 He will not disclose his password and will take the necessary measures to ensure confidentiality. 

2.5.2 Adspert is entitled but not obliged to change the Client’s password in case of sufficient suspicion of misuse or loss of the access data, or to temporarily block the Client’s account as a precautionary measure to prevent damage.

2.5.3 In the event of misuse or loss of the access data or a corresponding suspicion, the Client is obligated to immediately notify Adspert of this by e-mail at the e-mail address support@adspert.de. 

2.5.4 If this notification is made in such a way that Adspert can check the matter within a reasonable period of time, but at least 2 working days, and change the access data or block the client account as a precautionary measure, any damage caused after the expiry of this period by the loss of the access data or any misuse shall not be attributed to the Client. If the notification is not made in time, any damages will be attributed to the Client, unless the Client is not responsible for the loss of the access data or the misuse. 

2.6 Certain entry-level versions of the Software Product allow only limited use, which provides an upper limit for advertising expenses. If the Client selects such a version of the Software Product and exceeds the maximum allowable advertising expenditure as shown below, the Client will be automatically notified of such excess within the software. If the limit is exceeded again in the following month, the Client will be automatically upgraded to the next higher-level Software Product (hereinafter referred to as “Automatic Upgrade”). This Automatic Upgrade shall be binding and shall be accompanied by a correspondingly higher compensation owed (for the fee, see Section 12.1). The Automatic Upgrade is already part of the respective agreement concluded by the Client and shall take place under the conditions precedent that 

  1. the Client’s advertising expenses in two consecutive months exceeds the agreed upper limit, and
  2. the Client is notified by Adspert in a timely manner of the first exceeding and is informed that an Automatic Upgrade will take place in the event of a renewed exceeding of the agreed upper limit for advertising expenses in the same month.

After an Automatic Upgrade, the Client obtains the next higher-level Software Product without restriction, i.e. even if the advertising expenses fall below the originally agreed upper limit.

The Client is hereby explicitly made aware of the possibility of a chargeable Automatic Upgrade, as illustrated, and declares his consent to this by entering into the Agreement, which is based on these GTC.

3. Trial Period

Adspert reserves the right to initially offer the Client a trial period during which the Client may use the selected Software Product free of charge. 

If the Client wishes to continue to use the selected Software Product following such a trial period, the Client may enter into a software use agreement for which a fee will be charged. 

If, on the other hand, the Client does not conclude a fee-based Software Use Agreement, the free right of use shall end with the trial period and the Client’s account shall be deactivated by Adspert; personal data of the Client shall be deleted; however, the Client’s surname, first name and e-mail address shall remain stored to the extent permitted by data protection law in order to be able to recognize any attempts at further trial periods. No further use of the Software Product is possible until a new fee-based agreement for this Software Product has been concluded. 

During any trial period Adspert does not assume any warranties or guarantees with regard to the Software Products, also not with regard to their availability. 

4. Granting of Rights

4.1 Right of Use

4.1.1 Adspert shall grant the Client the non-exclusive (simple), non-transferable, non-sublicensable right to use the respective Software Product as Software as a Service (“SaaS”) via the Internet for the term of the respective Software Use Agreement for the purposes and under the conditions specified in the Statement of Work and in these GTC. 

4.1.2 The Software Product shall not be made available in any form other than SaaS. 

4.1.3 The respective Software Product may only be used for its intended purpose. Exploitation or spying by means of other software is not permitted. Likewise, it is prohibited to copy, pass on, send or publish the available data of the Software Product not provided by the Client, unless the Software Product expressly provides such a function or this is required for the intended use of the Software Product. 

4.1.4 Any form of decompilation, reverse engineering or other measures to decompose the Software Product into individual parts or components is prohibited. Sections 69d, 69e German Copyright Act (Urheberberrechtsgesetz, UrhG) shall remain unaffected.

4.1.5 Beyond the present granting of rights, the Client is not entitled to use the Software Product or to make it accessible to third parties. Likewise, a transfer of the rights of use to third parties is not permitted.

4.1.6 Adspert is entitled to prohibit the use of the Software Product with immediate effect if and as long as there are objective indications for a misuse of the Software Product by the Client.

4.2 New Versions, Adaptations

4.2.1 To the extent that Adspert provides new versions, updates or upgrades of the Software Product during the contractual term, the foregoing right of use shall always apply only to the most current version of the Software Product as provided by Adspert as SaaS. 

4.2.2 Adspert may expand the scope of the Software Products at any time, improve them and/or adapt them to technical developments as well as make security-relevant modifications.

4.2.3 However, Adspert is not obliged to provide new versions, upgrades or updates, unless this is absolutely necessary to eliminate essential defects in the guaranteed functionality of the Software Product (cf. Section 9.1). 

4.3 For each individual case in which the Client culpably provides third parties with unauthorized access to the used Software Products, the Client shall pay a contractual penalty in the amount of the minimum license income lost by Adspert for a newly concluded corresponding Software Use Agreement with an ordinary contractual term of one (1) year. A possible context of continuation shall be taken into account in favor of the Client. The Client reserves the right to prove that no damage or a significantly lower damage has been incurred. If Adspert incurs damages exceeding this contractual penalty due to the aforementioned unauthorized, culpable enabling of access to the Software Products to third parties, all further rights of Adspert shall remain unaffected by the aforementioned provision. 

5. Data Security

5.1 The Client shall always generate backup copies of all of its data, regardless of the type, on its own data carriers, provided that the Client himself transmits these to Adspert. The Software Products developed by Adspert are not developed as SaaS products for the permanent storage or archiving of data and may therefore not be used for this purpose.

5.2 The Client is aware that Adspert’s Software Products are permanently connected to the Internet and may therefore potentially be exposed to attacks at any time. An equivalent protection to an offline backup solution or even a complete protection of data is technically not possible on such an infrastructure, even if Adspert places very high demands on its own security infrastructure.

5.3 In the event of a data loss occurring, the Client shall provide the data concerned to Adspert again free of charge, or enable access to the data so that Adspert can continue to meet its performance obligations under this Agreement.

5.4 The Client is obliged not to take any measures that could impair or endanger the stability and security of the Software Products, the infrastructure used or the Managed Online Advertising Platforms, unless this necessarily ensues from the contractual use of the Software Products or Managed Online Advertising Platforms. 

5.5 If the Software Use Agreement is terminated without warning and prematurely through no fault of the Client, Adspert shall grant the Client a reasonable period of time to back up its data. This shall not apply insofar as the termination has occurred due to a serious breach of contract by the Client which makes further adherence to the Agreement unreasonable for Adspert. 

6. Special Client Obligations

Notwithstanding any other obligations of the Client under the Agreement and/or these General Terms and Conditions, the following further special obligations of the Client shall apply:

6.1 The Client is obliged to provide all information correctly and completely upon conclusion of the Agreement and use of the Software Products and to keep such information up to date at all times.

6.2 The Client is obliged to ensure that any employees who use the Software Products are appropriately qualified and trained.

6.3 The Client is obliged to regularly check the general functionality of the Software Products, but at least once a month. Proposals of the Software Products that are based solely on data analysis by the Software Products shall be reviewed by the Client before the Client makes a business decision based on the proposals.

6.4 If malfunctions, defects or other functional limitations of the Software Products occur, or if a malfunction, defect or other functional limitation comes to light during a review by the Client as set forth in Section 6.3, the Client shall notify Adspert thereof without undue delay after its discovery by the Client or one of its employees or other persons using the Software Products for the Client. The respective impairment shall be described to Adspert as far as possible in text form and preferably by e-mail to enable reproduction, which is in many cases necessary to be able to remedy the impairment. The Client shall reasonably support Adspert in the elimination of the impairments, if and to the extent this is necessary.

7. Client Support

Beyond the obligations contained in these GTC and not unless otherwise required by law, Adspert does not provide any client support.

8. Availability of Software Products

8.1 Adspert guarantees an annual average availability of the Software Products of 99%. 

8.2 Times in which the Software Products are not accessible due to technical or other problems for which Adspert is not responsible (such as force majeure, Internet/network-related failures, fault of third parties, failure on the part of the managed online advertising platforms) are not taken into account as downtimes in the determination of the availability specified in Section 8.1. 

Likewise, the times for necessary maintenance work on the Software Products shall not be taken into account as downtimes when determining the availability referred to in Section 8.1. The Client shall be informed in good time of any necessary maintenance work if such maintenance work is outside the regular maintenance times and may result in the services being unavailable for a longer period, for instance because the Software Products are being updated to a new version.

If the security and integrity of the Software Products requires a restriction of the Client’s access thereto, Adspert shall be entitled to effect such restriction. Corresponding downtimes shall also not be taken into account when determining the availability referred to in Section 8.1.

9. Warranty

9.1 Adspert warrants beyond the availability mentioned in Section 8.1 only that the respective Software Product is basically usable for the Client for the purposes mentioned in the specification of services (i.e. free from defects which impair or exclude the suitability for the usual or contractual use to a not insignificant extent) and is developed with the necessary care.

Beyond this, however, there shall be no further claims, in particular no claims for rectification or other adaptation of the respective Software Product.

9.2 If Adspert makes changes, adaptations and further developments of the Software Products, claims due to defects are limited to the innovations of the respective change, adaptation or further development compared to the previous status.

9.3 Unless otherwise agreed, there are no claims for warranty of defects beyond the claims mentioned in these GTC, unless Adspert has fraudulently concealed a defect. Claims for damages are regulated by the provisions of Section 10. 

9.4 Adspert does not assume any guarantee or warranty for the realization of a successful bidding strategy and, in particular, does not guarantee or warrant the delivery of a minimum number of clicks, the compliance with an average CPC determined by the Client or the exhaustion of a budget defined according to the Client. This applies especially in the event that the specified budget conflicts with the desired number of minimum clicks. Furthermore, Adspert does not guarantee the achievement of defined CPO, ROI, CRR or ACoS goals, sales or profit goals. 

9.5 Adspert explicitly points out to the Client that the Software Products are based on constantly evolving algorithms. Processes performed by such algorithms can never be predicted with absolute certainty without prior precise knowledge of the constantly changing database and the interim further development of the market and advertising environment. They depend in particular on the data provided by the Client for processing by the algorithms. The success of a strategy also depends on external circumstances beyond the control of the parties, which can only be anticipated but not reliably predicted, such as new competitors, a collapse in demand for individual products, or punishment of advertising measures by the online advertising platform. A guarantee or warranty for certain successes or the non-occurrence of certain economic failures can therefore not be assumed, cf. Section 9.4. 

The Client is obliged in its own interest to closely monitor the functionality of the respective Software Product. 

Adspert further points out to the Client that due to changes in the advertising environment after an optimization by the respective Software Product, the advertising performance may not exactly correspond to the original advertising performance before such optimization. The Software can react to a certain extent to changes in the advertising environment, but this naturally presupposes that the change has first been reflected in the database provided. 

Adspert may limit the functionality of the respective Software Product if this is due to changes on the respective managed online advertising platform. Should the Client’s interest in the use of the Software Product be significantly impaired as a result, the Client may terminate the Agreement for good cause.

9.6 Defects in the scope of services according to Sections 8.1 and 9.1 shall be notified to Adspert at support@adspert.de without undue delay by a comprehensible description and, if possible, evidenced by written records or other illustrative documents such as screenshots. Any statutory obligations of the Client to carry out checks and to give notice of defects shall remain unaffected by the foregoing. 

9.7 The Client shall support Adspert free of charge in the elimination of the defects – as far as he is able to do so and this is reasonable for him – and in particular provide Adspert with all necessary documents, data, etc., which Adspert requires for the analysis and elimination of the defects.

9.8 Insofar as claims for warranty for defects exist, these shall become time-barred after one (1) year. This does not apply to claims of the Client pursuant to Section 10.6. 

9.9 If the contractual use of a Software Product is impaired by property rights of third parties, Adspert shall inform the Client thereof without delay and enable the Client to access its data in a suitable manner. In such a case, Adspert shall, at its own discretion, redesign the Software Product in such a way that it no longer infringes the rights of third parties while retaining essentially the same functionality, or acquire the rights required for further use. If neither is possible under adequate and reasonable conditions, Adspert may decide to no longer offer the software function affected by the infringement. In such a case the Client shall be entitled to the corresponding legal claims and rights concerning his consideration (in particular reduction or termination). However, the claim for a renewed provision of the Software Product including the functionality removed due to the infringement shall be excluded.

10. Liability

10.1 In the case of services provided against a fee, Adspert shall only be liable in the case of slight negligence for damages caused by the breach of a material contractual obligation. Essential contractual obligations (also called cardinal obligations) are such obligations whose fulfillment enables the proper execution of the Agreement and on whose compliance the Client may regularly rely. Adspert shall be liable only for the foreseeable damage typical for this type of agreement. For all other damages, liability for slight negligence or completely without fault is excluded.

10.2 Adspert shall be liable in cases where the Client can use Software Products free of charge only for damages caused by gross negligence or intent, or for damages resulting from fraudulent concealment of a legal defect or error of the Software Product on the part of Adspert.

10.3 Furthermore, Adspert will not be liable for damages of the Client caused by the fact that the Client did not sufficiently protect his access data against access by third parties, and third parties were able to access the respective Software Product with these access data without authorization.

10.4 Adspert will not be liable for damages incurred by the Client, which are due to a breach of the Client’s obligations under Section 6, in particular Sections 6.3 and 6.4; this does not apply if the Client is not responsible for the breach of obligation. Neither is Adspert liable for damages incurred by the Client, which are due to the Client’s disregard of the instructions given in Sections 9.4 and 9.5. Adspert shall also not be liable for damages where only the risk of automated control disclosed to the Client has materialized, provided that the Software Product has functioned properly in the process. 

10.5 The above exclusions and limitations of liability shall also apply with regard to the liability of Adspert’s employees, workers, staff, representatives and vicarious agents, and in particular in favor of the shareholders, employees, representatives, bodies and their members with regard to their personal liability.

10.6 The liability of Adspert for damages resulting from injury to life, body or health, in cases of intent or gross negligence of Adspert or its employees and representatives, as well as a liability under the German Product Liability Act or from guarantees is neither excluded nor limited by the above provisions nor by any other provisions of these GTC.

11. Indemnification

11.1 Adspert is not liable for the advertising campaigns posted by the Client in the managed online advertising platforms. The Client is obliged to indemnify Adspert from all claims of third parties due to the violation of their rights by infringing or false information in advertising campaigns of the Client, in particular with regard to the use of infringing search terms. 

11.2 The Client shall bear all costs incurred by Adspert due to an infringement of third party rights caused by the Client, including the reasonable and necessary costs incurred for legal defense. The Client has the right to prove that Adspert has actually incurred lower costs. All further rights (including claims for damages beyond this) of Adspert remain unaffected.

11.3 The above obligations apply only insofar as the Client is responsible for the infringement in question. 

12. Compensation/Fees, Settlement and Default of Payment

12.1 The Client is obliged to pay Adspert the agreed compensation. 

12.1.1 These fees are based on the price overview contained in the order process for the respective Software product on the website of Adspert. These price overviews are always subject to change and non-binding and can be adjusted by Adspert at its reasonable discretion for future orders.

12.1.2 All quoted fees and prices are subject to the applicable statutory value-added tax.

12.1.3 Adspert is entitled, in the case of permanent agreements with an indefinite term, to adjust the compensation at its reasonable discretion, but at the earliest after twelve (12) months of the contractual term, for the future, insofar as this is necessary to fully compensate for sustainable cost increases relevant for the calculation of the compensation. Adspert may, for instance, increase the prices and will reduce the prices if changes in the legal framework conditions or the requirements imposed by the managed online advertising platforms lead to a change in the costs incurred by Adspert for the provision of the respective Software Product. The fees may only be increased on the part of Adspert due to the increase in a certain cost type if and to the extent that no compensation is made by decreasing costs in other areas. The Client is entitled to provide evidence of lower cost increases. Section 315 BGB shall remain unaffected. With regard to the course of such changes, the provisions in Section 1.5 shall apply accordingly.

12.2 The Client shall receive an invoice for the compensation to be paid by it for the previous month by the 8th of the following month. Unless otherwise agreed, the compensation payable by the Client shall be due immediately upon receipt of the invoice by the Client. Adspert may send the invoice to the Client at its reasonable discretion by mail, by e-mail or by uploading it to the Client’s account. 

12.3 In addition to any agreed fixed monthly basic fee, the revenue- or volume-based compensation to be paid by the Client shall be calculated on the basis of the data that the respective managed online advertising platform transmits to Adspert via the respective API. Minor deviations from the data displayed to the Client by the respective online advertising platform are possible and beyond the control of Adspert. In this respect, the data transmitted by the respective managed online advertising platform to Adspert via its API shall be decisive. 

12.4 The Client may store payment information in his client account. If the Client stores such payment information and agrees to a corresponding payment collection in the client account, Adspert is authorized to collect the fees directly via this payment information after invoicing. Details can be derived from the information in the client account.

12.5 If the Client deprives Adspert of access to its data required for the use of the selected Software Product prior to the expiry of the contractual term, or if there are other reasons resulting from the Client’s area of responsibility that prevent the Software Product from being used or from being used in full, the Client shall remain obliged to pay monthly fees until the end of the contractual term or the termination of the contractual relationship for other reasons; this monthly fee to be paid shall be determined for the remainder of the contractual term on the basis of the monthly average of the fee prior to the aforementioned event for which the Client is responsible.

12.6 If the Client is in default of payment for more than 30 days from the due date of the respective compensation, Adspert is entitled to block the Client’s access to the client account, without prejudice to further rights. In this case, the Client remains obliged to pay the fees due for the period of the blocking. The blocking will only be lifted again when the Client has completely made up for the outstanding payment. 

12.7 The Client may only offset or assert a right of retention against claims that have been legally established or are undisputed. The aforementioned restrictions shall not apply in relation to notices of defects or counterclaims of the Client arising from the same Agreement or from any rescission of the Agreement.

12.8 The Client may assign claims arising from this Agreement to third parties only with the written consent of Adspert. 

13. Term and Termination

13.1 The Software Use Agreement begins with the conclusion of the Agreement (cf. Section 2.1) and is concluded for an indefinite period of time, unless otherwise agreed. 

13.2 In case of an indefinite contractual term, both contracting parties may terminate the Software Use Agreement with a notice period of 14 calendar days to the end of the month. 

13.3 If a definite contractual term has been agreed, the Agreement shall be automatically renewed again at the end of the term for the originally agreed term (but for a maximum of one year at a time), unless it is terminated by one party at least one (1) month prior to the expiration of the agreed contractual term.

13.4 The right to extraordinary termination for good cause shall remain unaffected. Good cause for termination is in particular given if

  • the Client culpably violates the license terms for the respective Software Product;
  • the Client is in default of payment of the fees or a not insignificant part of the fees for two consecutive months. 

13.5 If the Agreement is terminated prematurely due to a circumstance for which the Client is responsible, Adspert may claim damages.

13.5.1 If a specific contract term has been agreed, this indemnification shall amount to half of the compensation payable by the Client until the expiry of the regular contractual term, calculated on the basis of the monthly average of the compensation during the previous contract term. If the agreed compensation includes fixed fees as one component, the compensation shall be calculated on the basis of the full amount of the fixed fees payable for the remainder of the contractual term, plus half of the other compensation components payable up to the expiry of the regular contractual term, calculated on the basis of their monthly average during the previous contractual term. If the Client proves that Adspert has actually incurred a lower damage, only this damage shall be paid by the Client.

13.5.2 If the Agreement was concluded for an indefinite period of time, Adspert may claim damages in accordance with the above provision, but only for the period of time the Agreement would still have existed if it had been terminated in accordance with Section 13.2.

13.5.3 In the aforementioned cases, the Client is allowed to present evidence that no damage at all or significantly lower damage was incurred.

13.5.4 Further rights of Bitmanagement remain unaffected by the above regulations.

13.6 Terminations should be declared in writing, but can also be declared via a corresponding button in the respective software product or via e-mail to support@adspert.de. 

14. Consequences of the Termination

14.1 After termination of the Agreement, Adspert will delete the respective client account after 90 days. 

14.2 After termination of the Agreement, the Client is obliged to revoke Adspert’s access to all advertising platforms. 

15. Privacy

Information on data protection can be found in the Privacy Policy of Adspert.

16. Final Provisions

16.1 Place of performance is the place of business of Adspert.

16.2 Place of Jurisdiction and Choice of Law

16.2.1 The place of jurisdiction for any disputes arising from or in connection with these GTC shall be Berlin. This provision shall be without prejudice to mandatory statutory provisions regarding exclusive jurisdiction. 

16.2.2 The relationship between Adspert and the Client is exclusively governed by the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). 

16.3 Severability Clause

16.3.1 Should provisions of these GTC or other agreements between Adspert and the Client, in whole or in part, be or become incomplete, invalid, void and/or unenforceable, this shall not affect the validity of the remaining provisions. 

16.3.2 The parties undertake to jointly supplement or replace any incomplete, invalid, void and/or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid, void and/or unenforceable provision. 

16.4 In the event of force majeure (e.g. natural disasters, pandemics, fire, war, terrorism or strikes), the performance and delivery periods shall be suspended for the duration of such events.

Affiliate Participant Program Terms

If you participate in Adspert’s Affiliate Program, Adspert’s Affiliate Participant Program Terms apply along with Adspert’s General Terms and Conditions and Privacy Policy.

Privacy Policy

Preamble

With the following privacy policy we would like to inform you which types of your personal data (hereinafter also abbreviated as “data”) we process for which purposes and in which scope. The privacy statement applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online services”). The terms used are not gender-specific.
Table of contents
  • Preamble
  • Controller
  • Contact information of the data protection officer
  • Transmission of Personal Data
  • Data Processing in Third Countries
  • Erasure of data
  • Use of Cookies
  • Business services
  • Payment Procedure
  • Provision of online services and web hosting
  • Contacting us
  • Video Conferences, Online Meetings, Webinars and Screen-Sharing
  • Job Application Process
  • Cloud Services
  • Commercial communication by E-Mail, Postal Mail, Fax or Telephone
  • Online Marketing
  • Rating Platforms
  • Profiles in Social Networks (Social Media)
  • Plugins and embedded functions and content
  • Management, Organization and Utilities
  • Changes and Updates to the Privacy Policy
  • Rights of Data Subjects

Controller

Adspert GmbH
Borsigstraße 8
10115 Berlin

Authorised Representatives: Stephanie Richter (CEO). 
E-mail address: support@adspert.net.

Contact information of the data protection officer

mail@saxelfur.de

Transmission of Personal Data

In the context of our processing of personal data, it may happen that the data is transferred to other places, companies, or persons or that it is disclosed to them. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are embedded in a website. In such a case, the legal requirements will be respected and in particular corresponding contracts or agreements, which serve the protection of your data, will be concluded with the recipients of your data.
Data Transmission within the Group of Companies: We may transfer personal data to other companies within our group of companies or otherwise grant them access to this data. Insofar as this disclosure is for administrative purposes, the disclosure of the data is based on our legitimate business and economic interests (Art. 6 Abs. 1 lit. f DSGVO) or otherwise, if it is necessary to fulfill our contractual obligations or if the consent of the data subjects or otherwise a legal permission is present (Art. 6 Abs. 1 lit. a DSGVO). In order to ensure data protection-compliant processing, we have also concluded an data processing agreement with the company Solute GmbH.

Data Processing in Third Countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third party services or disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements. 

Subject to express consent or transfer required by contract or law, we process or have processed the data only in third countries with a recognised level of data protection, on the basis of special guarantees, such as a contractual obligation through so-called standard protection clauses of the EU Commission or if certifications or binding internal data protection regulations justify the processing (Article 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_en).

Erasure of data

The data processed by us will be erased in accordance with the statutory provisions as soon as their processing is revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or they are not required for the purpose).

If the data is not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data will be restricted and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or for which storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

In the context of our information on data processing, we may provide users with further information on the deletion and retention of data that is specific to the respective processing operation.

Use of Cookies

Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online service. The information stored can include, for example, the language settings on a website, the login status, a shopping basket or the location where a video was viewed. The term “cookies” also includes other technologies that fulfil the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).

Information on legal basis: The legal basis on which we process your personal data with the help of cookies depends on whether we ask you for your consent. If this applies and you consent to the use of cookies, the legal basis for processing your data is your declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in a business operation of our online service and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.

Retention period: Unless we provide you with explicit information on the retention period of permanent cookies (e.g. within the scope of a so-called cookie opt-in), please assume that the retention period can be as long as two years.

General information on Withdrawal of consent and objection (Opt-Out): Respective of whether processing is based on consent or legal permission, you have the option at any time to object to the processing of your data using cookie technologies or to revoke consent (collectively referred to as “opt-out”). You can initially explain your objection using the settings of your browser, e.g. by deactivating the use of cookies (which may also restrict the functionality of our online services). An objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the websites https://www.aboutads.info/choices/ and https://www.youronlinechoices.com. In addition, you can receive further information on objections in the context of the information on the used service providers and cookies.

Processing Cookie Data on the Basis of Consent: We use a cookie management solution in which users’ consent to the use of cookies, or the procedures and providers mentioned in the cookie management solution, can be obtained, managed and revoked by the users. The declaration of consent is stored so that it does not have to be retrieved again and the consent can be proven in accordance with the legal obligation. Storage can take place server-sided and/or in a cookie (so-called opt-out cookie or with the aid of comparable technologies) in order to be able to assign the consent to a user or and/or his/her device.Subject to individual details of the providers of cookie management services, the following information applies: The duration of the storage of the consent can be up to two years. In this case, a pseudonymous user identifier is formed and stored with the date/time of consent, information on the scope of the consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and used end device.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

  • Cookiebot: Cookie-Consent Manager; Service provider: Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark; Website: https://www.cookiebot.com; Privacy Policy: https://www.cookiebot.com/en/privacy-policy/; Stored data (on the server of the service provider): The IP number of the user in anonymous form (the last three digits are set to 0), date and time of the consent, user agent of the user’s browser, the URL from which the consent was sent, An anonymous, random and encrypted key value; the consent status of the user.

Business services 

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the context of contractual and comparable legal relationships as well as associated actions and communication with the contractual partners or pre-contractually, e.g. to answer inquiries.

We process this data in order to fulfil our contractual obligations, safeguard our rights and for the purposes of the administrative tasks associated with this data and the business-related organisation. We will only pass on the data of the contractual partners within the scope of the applicable law to third parties insofar as this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or with the consent of data subjects concerned (e.g. telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about further processing, e.g. for marketing purposes, as part of this privacy policy.

Which data are necessary for the aforementioned purposes, we inform the contracting partners before or in the context of the data collection, e.g. in online forms by special marking (e.g. colors), and/or symbols (e.g. asterisks or the like), or personally.

We delete the data after expiry of statutory warranty and comparable obligations, i.e. in principle after expiry of 4 years, unless the data is stored in a customer account or must be kept for legal reasons of archiving (e.g., as a rule 10 years for tax purposes). In the case of data disclosed to us by the contractual partner within the context of an assignment, we delete the data in accordance with the specifications of the assignment, in general after the end of the assignment.

If we use third-party providers or platforms to provide our services, the terms and conditions and privacy policies of the respective third-party providers or platforms shall apply in the relationship between the users and the providers.

Customer Account: Contractual partners can create a customer or user account. If the registration of a customer account is required, contractual partnerswill be informed of this as well as of the details required for registration. The customer accounts are not public and cannot be indexed by search engines. In the course of registration and subsequent registration and use of the customer account, we store the IP addresses of the contractual partners along with the access times, in order to be able to prove the registration and prevent any misuse of the customer account.

If customers have terminated their customer account, their data will be deleted with regard to the customer account, subject to their retention is required for legal reasons. It is the responsibility of the customer to secure their data upon termination of the customer account.

Consulting: We process the data of our clients as well as interested parties and other clients or contractual partners (uniformly referred to as “clients”) in order to provide them with our consulting services. The data processed, the type, scope and purpose of the processing and the necessity of its processing are determined by the underlying contractual and client relationship.

Insofar as it is necessary for the fulfilment of our contract or by law, or with the consent of the client, we disclose or transfer the client’s data to third parties or agents, such as subcontractors in the field of IT, office or comparable services, taking into account the professional requirements.

Software and Platform Services: We process the data of our users, registered and any test users (hereinafter uniformly referred to as “users”) in order to provide them with our contractual services and on the basis of legitimate interests to ensure the security of our offer and to develop it further. The required details are identified as such within the context of the conclusion of the agreement, order or comparable contract and include the details required for the provision of services and invoicing as well as contact information in order to be able to hold any further consultations.

  • Processed data types: Inventory data (e.g. names, addresses), Payment Data (e.g. bank details, invoices, payment history), Contact data (e.g. e-mail, telephone numbers), Contract data (e.g. contract object, duration, customer category), Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses, location).
  • Data subjects: Prospective customers, Business and contractual partners, Customers.
  • Purposes of Processing: Provision of contractual services and customer support, Contact requests and communication, Office and organisational procedures, Managing and responding to inquiries, Security measures. Further development of our software and improvement of our services.
  • Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Compliance with a legal obligation (Article 6 (1) (c) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

  • Amazon Web Services (AWS): Services in the field of providing information technology infrastructure and related services (e.g., storage space and/or computing capacity); service provider: Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg; Website: https://aws.amazon.com/de/; Privacy Policy: https://aws.amazon.com/de/privacy/?nc1=f_pr.

Payment Procedure

Within the framework of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer data subjects efficient and secure payment options and use other service providers for this purpose in addition to banks and credit institutions (collectively referred to as “payment service providers”).

The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with them. I.e. we do not receive any account or credit card related information, but only information with confirmation or negative information of the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers apply to the payment transactions and can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of revocation, information and other data subject rights.

  • Processed data types: Inventory data (e.g. names, addresses), Payment Data (e.g. bank details, invoices, payment history), Contract data (e.g. contract object, duration, customer category), Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Customers, Prospective customers.
  • Purposes of Processing: Provision of contractual services and customer support.
  • Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

Provision of online services and web hosting

In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers they manage) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security and technical maintenance services.

The data processed within the framework of the provision of the hosting services may include all information relating to the users of our online services that is collected in the course of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online services to browsers, and all entries made within our online services or from websites.

Collection of Access Data and Log Files: We, ourselves or our web hosting provider, collect data on the basis of each access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, the date and time of access, data volumes transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a general rule, IP addresses and the requesting provider.

The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the stability and optimal load balancing of the servers .

  • Processed data types: 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).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Provision of our online services and usability, Provision of contractual services and customer support.
  • Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

Contacting us

When contacting us (e.g. by contact form, e-mail, telephone or via social media), the data of the inquiring persons are processed insofar as this is necessary to answer the contact enquiries and any requested activities.

The response to contact enquiries within the framework of contractual or pre-contractual relationships is made in order to fulfil our contractual obligations or to respond to (pre)contractual enquiries and otherwise on the basis of the legitimate interests in responding to the enquiries.

  • Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone numbers), Content data (e.g. text input, photographs, videos).
  • Data subjects: Communication partner (Recipients of e-mails, letters, etc.).
  • Purposes of Processing: Contact requests and communication.
  • Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

Video Conferences, Online Meetings, Webinars and Screen-Sharing

We use platforms and applications of other providers (hereinafter referred to as “Conference Platforms”) for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings (hereinafter collectively referred to as “Conference”). When using the Conference Platforms and their services, we comply with the legal requirements. 

Data processed by Conference Platforms: In the course of participation in a Conference, the Data of the participants listed below are processed. The scope of the processing depends, on the one hand, on which data is requested in the context of a specific Conference (e.g., provision of access data or clear names) and which optional information is provided by the participants. In addition to processing for the purpose of conducting the conference, participants’ Data may also be processed by the Conference Platforms for security purposes or service optimization. The processed Date includes personal information (first name, last name), contact information (e-mail address, telephone number), access data (access codes or passwords), profile pictures, information on professional position/function, the IP address of the internet access, information on the participants’ end devices, their operating system, the browser and its technical and linguistic settings, information on the content-related communication processes, i.e. entries in chats and audio and video data, as well as the use of other available functions (e.g. surveys). The content of communications is encrypted to the extent technically provided by the conference providers. If participants are registered as users with the Conference Platforms, then further data may be processed in accordance with the agreement with the respective Conference Provider.

Logging and recording: If text entries, participation results (e.g. from surveys) as well as video or audio recordings are recorded, this will be transparently communicated to the participants in advance and they will be asked – if necessary – for their consent.

Data protection measures of the participants: Please refer to the data privacy information of the Conference Platforms for details on the processing of your data and select the optimum security and data privacy settings for you within the framework of the settings of the conference platforms. Furthermore, please ensure data and privacy protection in the background of your recording for the duration of a Conference (e.g., by notifying roommates, locking doors, and using the background masking function, if technically possible). Links to the conference rooms as well as access data, should not be passed on to unauthorized third parties.

Notes on legal bases: Insofar as, in addition to the Conference Platforms, we also process users’ data and ask users for their consent to use contents from the Conferences or certain functions (e.g. consent to a recording of Conferences), the legal basis of the processing is this consent.  Furthermore, our processing may be necessary for the fulfillment of our contractual obligations (e.g. in participant lists, in the case of reprocessing of Conference results, etc.).Otherwise, user data is processed on the basis of our legitimate interests in efficient and secure communication with our communication partners.

  • Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone 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).
  • Data subjects: Communication partner (Recipients of e-mails, letters, etc.), Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Provision of contractual services and customer support, Contact requests and communication, Office and organisational procedures.
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Job Application Process

The application process requires applicants to provide us with the data necessary for their assessment and selection. The information required can be found in the job description or, in the case of online forms, in the information contained therein. 

In principle, the required information includes personal information such as name, address, a contact option and proof of the qualifications required for a particular employment. Upon request, we will be happy to provide you with additional information.

If made available, applicants can submit their applications via an online form. The data will be transmitted to us encrypted according to the state of the art. Applicants can also send us their applications by e-mail. Please note, however, that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted during transport, but not on the servers from which they are sent and received. We can therefore accept no responsibility for the transmission path of the application between the sender and the reception on our server. For the purposes of searching for applicants, submitting applications and selecting applicants, we may make use of the applicant management and recruitment software, platforms and services of third-party providers in compliance with legal requirements. Applicants are welcome to contact us about how to submit their application or send it to us by regular mail.

Processing of special categories of data: If special categories of personal data within the meaning of Article 9 (1) GDPR (e.g. health data, such as severely handicapped status or ethnic origin) are requested from applicants within the framework of the application procedure, so that the responsible person or the person concerned can exercise his/her rights arising from labour law and social security and social protection law and fulfil his/her duties in this regard, their processing shall be carried out in accordance with Article 9 (1)(b) GDPR, in the case of the protection of vital interests of applicants or other persons pursuant to Article 9 (1)(c) GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employee’s ability to work, for medical diagnostics, care or treatment in the health or social sector or for the administration of systems and services in the health or social sector in accordance with Article 9 (1)(h) GDPR. In the case of a communication of special categories of data based on voluntary consent, their processing is carried out on the basis of Article 9 (1)(a) GDPR.

Ereasure of data: In the event of a successful application, the data provided by the applicants may be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicant’s data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, to which applicants are entitled at any time. Subject to a justified revocation by the applicant, the deletion will take place at the latest (subject to longer storage due to pending legal proceedings) after the expiry of a period of six months after the application procedure has ended, so that we can answer any follow-up questions regarding the application and comply with our duty of proof under the regulations on equal treatment of applicants. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.

Admission to a talent pool –  Admission to an talent pool, if offered, is based on consent. Applicants are informed that their consent to be included in the talent pool is voluntary, has no influence on the current application process and that they can revoke their consent at any time for the future.

  • Processed data types: Job applicant details (e.g. Personal data, postal and contact addresses and the documents pertaining to the application and the information contained therein, such as cover letter, curriculum vitae, certificates, etc., as well as other information on the person or qualifications of applicants provided with regard to a specific job or voluntarily by applicants), Inventory data (e.g. names, addresses), Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Job applicants, Employees (e.g. Employees, job applicants).
  • Purposes of Processing: Job Application Process (Establishment and possible later execution as well as possible later termination of the employment relationship).
  • Legal Basis: Job application process as a pre-contractual or contractual relationship (Article 9 (2)(b) GDPR), Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

  • Personio: HR-Software und -Dienstleister; Dienstanbieter: Personio GmbH, Rundfunkplatz 4, 80335 München; Webseite: https://www.personio.de

Cloud Services

We use Internet-accessible software services (so-called “cloud services”, also referred to as “Software as a Service”) provided on the servers of its providers for the following purposes: document storage and administration, calendar management, e-mail delivery, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of websites, forms or other content and information, as well as chats and participation in audio and video conferences.

Within this framework, personal data may be processed and stored on the provider’s servers insofar as this data is part of communication processes with us or is otherwise processed by us in accordance with this privacy policy. This data may include in particular master data and contact data of data subjects, data on processes, contracts, other proceedings and their contents. Cloud service providers also process usage data and metadata that they use for security and service optimization purposes.

If we use cloud services to provide documents and content to other users or publicly accessible websites, forms, etc., providers may store cookies on users’ devices for web analysis or to remember user settings (e.g. in the case of media control).

Information on legal basis –  If we ask for permission to use cloud services, the legal basis for processing data is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of cloud services has been agreed in this context. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient and secure administrative and collaboration processes).

  • Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone 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).
  • Data subjects: Customers, Employees (e.g. Employees, job applicants), Prospective customers, Communication partner (Recipients of e-mails, letters, etc.).
  • Purposes of Processing: Office and organisational procedures.
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

Commercial communication by E-Mail, Postal Mail, Fax or Telephone

We process personal data for the purposes of promotional communication, which may be carried out via various channels, such as e-mail, telephone, post or fax, in accordance with the legal requirements.

The recipients have the right to withdraw their consent at any time or to object to the advertising communication at any time.

After withdrawal or objection, we may store the data required to prove consent for up to three years on the basis of our legitimate interests before we delete them. The processing of these data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is affirmed.

  • Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone numbers).
  • Data subjects: Communication partner (Recipients of e-mails, letters, etc.).
  • Purposes of Processing: Direct marketing  (e.g. by e-mail or postal).
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Online Marketing

We process personal data for the purposes of online marketing, which may include in particular the marketing of advertising space or the display of advertising and other content (collectively referred to as “Content”) based on the potential interests of users and the measurement of their effectiveness. 

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedure in which the relevant user information for the display of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, communication partners and technical information such as the browser used, computer system used and information on usage times. If users have consented to the collection of their sideline data, these can also be processed.

The IP addresses of the users are also stored. However, we use provided IP masking procedures (i.e. anonymization by shortening the IP address) to ensure the protection of the user’s by using a pseudonym. In general, within the framework of the online marketing process, no clear user data (such as e-mail addresses or names) is secured, but pseudonyms. This means that we, as well as the providers of online marketing procedures, do not know the actual identity of the users, but only the information stored in their profiles.

The information in the profiles is usually stored in the cookies or similar memorizing procedures. These cookies can later, generally also on other websites that use the same online marketing technology, be read and analyzed for purposes of content display, as well as supplemented with other data and stored on the server of the online marketing technology provider.

Exceptionally, clear data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing technology we use and the network links the profiles of the users in the aforementioned data. Please note that users may enter into additional agreements with the social network providers or other service providers, e.g. by consenting as part of a registration process.

As a matter of principle, we only gain access to summarised information about the performance of our advertisements. However, within the framework of so-called conversion measurement, we can check which of our online marketing processes have led to a so-called conversion, i.e. to the conclusion of a contract with us. The conversion measurement is used alone for the performance analysis of our marketing activities.

Unless otherwise stated, we kindly ask you to consider that cookies used will be stored for a period of two years.

Information on legal basis: If we ask users for their consent (e.g. in the context of a so-called “cookie banner consent”), the legal basis for processing data for online marketing purposes is this consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online services. In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.

Google Analytics Audiences: We use Google Analytics to display ads placed by Google and its partnersonly to users who have shown an interest in our online services or who have specific characteristics (e.g. interests in specific topics or products determined on the basis of the websites visited) that we transmit to Google (so-called “Remarketing Audiences” or “Google Analytics Audiences”). With the help of remarketing audiences, we also want to ensure that our ads match the potential interest of users.

Facebook Pixel and Custom Audiences (Custom Audiences): With the help of the Facebook pixel  (or equivalent functions, to transfer Event-Data or Contact Information via interfaces or other software in apps), Facebook is on the one hand able to determine the visitors of our online services as a target group for the presentation of ads (so-called “Facebook ads”). Accordingly, we use Facebook pixels to display Facebook ads placed by us only to Facebook users and within the services of partners cooperating with Facebook (so-called “audience network” https://www.facebook.com/audiencenetwork/ ) who have shown an interest in our online services or who have certain characteristics (e.g. interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called “custom audiences”). With the help of Facebook pixels, we also want to ensure that our Facebook ads correspond to the potential interest of users and do not appear annoying. The Facebook pixel also enables us to track the effectiveness of Facebook ads for statistical and market research purposes by showing whether users were referred to our website after clicking on a Facebook ad (known as “conversion tracking”).

We are jointly responsible (so-called “joint-controllership”) with Facebook Ireland Ltd. for the collection or transmission (but not the further processing) of “event data” that Facebook collects or receives as part of a transmission for the following purposes using the Facebook pixel and comparable functions (e.g. APIs) that are implemented in our online services: a) displaying content advertising information that matches users’ presumed interests; b) delivering commercial and transactional messages (e.g. b) delivering commercial and transactional messages (e.g., addressing users via Facebook Messenger); c) improving ad delivery and personalizing features and content (e.g., improving recognition of which content or advertising information is believed to be of interest to users). We have entered into a special agreement with Facebook (“Controller Addendum”, https://www.facebook.com/legal/controller_addendum), which specifically addresses the security measures that Facebook must take (https://www.facebook.com/legal/terms/data_security_terms) and in which Facebook has agreed to comply with the rights of data subjects (i.e., users can, for example, submit information access or deletion requests directly to Facebook). Note: If Facebook provides us with measurements, analyses and reports (which are aggregated, i.e. do not contain information on individual users and are anonymous to us), then this processing is not carried out within the scope of joint responsibility, but on the basis of a DPA (“Data Processing Terms”, https://www.facebook.com/legal/terms/dataprocessing), the “Data Security Conditions” (https://www.facebook.com/legal/terms/data_security_terms) and, with regard to processing in the USA, on the basis of Standard Contractual Clauses (“Facebook EU Data Transfer Addendum, https://www.facebook.com/legal/EU_data_transfer_addendum). The rights of users (in particular to access to information, erasure, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses), Event Data (Facebook) (“Event Data” is data that can be transmitted from us to Facebook, e.g. via Facebook pixels (via apps or other means) and relates to persons or their actions; the data includes, for example, information about visits to websites, interactions with content, functions, installations of apps, purchases of products, etc.; Event data is processed for the purpose of creating target groups for content and advertising information (Custom Audiences). Event Data is deleted by Facebook after a maximum of two years, the Custom Audiences created from them with the deletion of our Facebook account); User data (insofar as these have been made available to us, namely e-mail address, address, first and last name, telephone number, external ID).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Marketing, Profiles with user-related information (Creating user profiles), Remarketing, Custom Audiences (Selection of relevant target groups for marketing purposes or other output of content), Conversion tracking (Measurement of the effectiveness of marketing activities), Affiliate Tracking.
  • Security measures: IP Masking (Pseudonymization of the IP address).
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
  • Opt-Out: We refer to the privacy policies of the respective service providers and the possibilities for objection (so-called “opt-out”). If no explicit opt-out option has been specified, it is possible to deactivate cookies in the settings of your browser. However, this may restrict the functions of our online offer. We therefore recommend the following additional opt-out options, which are offered collectively for each area:a) Europe: https://www.youronlinechoices.eu. b) Canada: https://www.youradchoices.ca/choices. c) USA: https://www.aboutads.info/choices. d) Cross-regional: https://optout.aboutads.info.

Services and service providers being used:

Rating Platforms

We participate in rating procedures to evaluate, optimise and advertise our performance. If users rate us via the participating rating platforms or methods or otherwise provide feedback, the General Terms and Conditions of Business or Use and the data protection information of the providers also apply. As a rule, the rating also requires registration with the respective provider. 

In order to ensure that the evaluators have actually made use of our services, we transmit, with the consent of the customer, the necessary data relating to the customer and the service or products used to the respective rating platform (this includes the name, e-mail address, order number or article number). This data is used solely to verify the authenticity of the user.

  • Processed data types: Contract data (e.g. contract object, duration, customer category), Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Customers, Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Feedback (e.g. collecting feedback via online form).
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

  • OMR Reviews: Bewertungsplattform für Softwareanbieter. Dienstanbieter: ramp 106 GmbH, Lagerstraße 36, 20357 Hamburg, Webseite: https://omr.com; Datenschutzerklärung: https://omr.com/de/datenschutz/.

Profiles in Social Networks (Social Media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that user data may be processed outside the European Union. This may entail risks for users, e.g. by making it more difficult to enforce users’ rights.

In addition, user data is usually processed within social networks for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the associated interests of users. The user profiles can then be used, for example, to place advertisements within and outside the networks which are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective networs or will become members later on).

For a detailed description of the respective processing operations and the opt-out options, please refer to the respective data protection declarations and information provided by the providers of the respective networks.

Also in the case of requests for information and the exercise of rights of data subjects, we point out that these can be most effectively pursued with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, please do not hesitate to contact us.

Facebook: We are jointly responsible (so called “joint controller”) with Facebook Ireland Ltd. for the collection (but not the further processing) of data of visitors to our Facebook page. This data includes information about the types of content users view or interact with, or the actions they take (see “Things that you and others do and provide” in the Facebook Data Policy: https://www.facebook.com/policy), and information about the devices used by users (e.g., IP addresses, operating system, browser type, language settings, cookie information; see “Device Information” in the Facebook Data Policy: https://www.facebook.com/policy). As explained in the Facebook Data Policy under “How we use this information?” Facebook also collects and uses information to provide analytics services, known as “page insights,” to site operators to help them understand how people interact with their pages and with content associated with them. We have concluded a special agreement with Facebook (“Information about Page-Insights”, https://www.facebook.com/legal/terms/page_controller_addendum), which regulates in particular the security measures that Facebook must observe and in which Facebook has agreed to fulfill the rights of the persons concerned (i.e. users can send information access or deletion requests directly to Facebook). The rights of users (in particular to access to information, erasure, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the “Information about Page Insights” (https://www.facebook.com/legal/terms/information_about_page_insights_data).

  • Processed data types: Contact data (e.g. e-mail, telephone 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).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Contact requests and communication, Feedback (e.g. collecting feedback via online form), Marketing.
  • Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

Plugins and embedded functions and content

Within our online services, we integrate functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may, for example, be graphics, videos or city maps (hereinafter uniformly referred to as “Content”).

The integration always presupposes that the third-party providers of this content process the IP address of the user, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of these contents or functions. We strive to use only those contents, whose respective offerers use the IP address only for the distribution of the contents. Third parties may also use so-called pixel tags (invisible graphics, also known 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 technical information about the browser and operating system, referring websites, visit times and other information about the use of our website, as well as may be linked to such information from other sources.

Information on legal basis: If we ask users for their consent (e.g. in the context of a so-called “cookie banner consent”), the legal basis for processing is this consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online services. We refer you to the note on the use of cookies in this privacy policy.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Provision of our online services and usability, Provision of contractual services and customer support.
  • Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR), Consent (Article 6 (1) (a) GDPR), Performance of a contract and prior requests (Article 6 (1) (b) GDPR).

Services and service providers being used:

  • reCAPTCHA: We integrate the “reCAPTCHA” function to be able to recognise whether entries (e.g. in online forms) are made by humans and not by automatically operating machines (so-called “bots”). The data processed may include IP addresses, information on operating systems, devices or browsers used, language settings, location, mouse movements, keystrokes, time spent on websites, previously visited websites, interactions with ReCaptcha on other websites, possibly cookies and results of manual recognition processes (e.g. answering questions asked or selecting objects in images). Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Website: https://www.google.com/recaptcha/; Privacy Policy: https://policies.google.com/privacy; Opt-Out: Opt-Out-Plugin: https://tools.google.com/dlpage/gaoptout?hl=en,  Settings for the Display of Advertisements: https://adssettings.google.com/authenticated.
  • YouTube-Videos: Video content; YouTube is integrated via the domain https://www.youtube-nocookie.com in the so-called ” enhanced data protection mode”, whereby no cookies on user activities are collected in order to personalise the video playback. Nevertheless, information on the user’s interaction with the video (e.g. remembering the last playback point) may be stored. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Website: https://www.youtube.com; Privacy Policy: https://policies.google.com/privacy.

Management, Organization and Utilities

We use services, platforms and software from other providers (hereinafter referred to as ” third-party providers”) for the purposes of organizing, administering, planning and providing our services. When selecting third-party providers and their services, we comply with the legal requirements. 

Within this context, personal data may be processed and stored on the servers of third-party providers. This may include various data that we process in accordance with this privacy policy. This data may include in particular master data and contact data of users, data on processes, contracts, other processes and their contents.

If users are referred to the third-party providers or their software or platforms in the context of communication, business or other relationships with us, the third-party provider processing may process usage data and metadata that can be processed by them for security purposes, service optimisation or marketing purposes. We therefore ask you to read the data protection notices of the respective third party providers.

Information on legal basis: If we ask the users for their consent to the use of third party providers, the legal basis of the processing is consent. Furthermore, the processing can be a component of our (pre)contractual services, provided that the use of the third party was agreed within this context. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.

  • Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone 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).
  • Data subjects: Communication partner (Recipients of e-mails, letters, etc.), Users (e.g. website visitors, users of online services), Business and contractual partners.
  • Purposes of Processing: Provision of contractual services and customer support.
  • Legal Basis: Consent (Article 6 (1) (a) GDPR), Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).

Services and service providers being used:

Changes and Updates to the Privacy Policy

We kindly ask you to inform yourself regularly about the contents of our data protection declaration. We will adjust the privacy policy as changes in our data processing practices make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, we ask you to note that addresses may change over time and to verify the information before contacting us.

Rights of Data Subjects

As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:

  • Right to Object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data which is based on letter (e) or (f) of Article 6(1) GDPR , including profiling based on those provisions.Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing.
  • Right of withdrawal for consents: You have the right to revoke consents at any time.
  • Right of access: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
  • Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
  • Right to Erasure and Right to Restriction of Processing: In accordance with the statutory provisions, you have the right to demand that the relevant data be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
  • Right to data portability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transmission to another controller.
  • Complaint to the supervisory authority: In accordance with the law and without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a data protection supervisory authority, in particular a supervisory authority in the Member State where you habitually reside, the supervisory authority of your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.