Terms and Conditions
General terms and conditions of use of the 4eat API. (16 - 06 - 2021)
Please read these general terms and conditions of access and use carefully. They define the conditions and restrictions of use that you accept when downloading, accessing and using the 4eat API and services, including limitations of warranty and liability.
You acknowledge that these terms and conditions are effective in the same way as any other written contract and that you agree to abide by them. Failing that, you are not authorized to download and use the 4eat API Service ("4eat API"). The general terms and conditions can be consulted at any time on the 4eat API and on the website https://4eat.io/.
The 4eat API and the services associated with it are offered by the company MASHEALTH SOFTWARE S.L, with registered office at C. Ramón Jara, 43, 30562 Ceutí, Murcia. To contact us, you can send an email to email@example.com.
Welcome to 4eat! With the help of our personalized diet menus and exercise you will achieve the best version of yourself.
The 4eat API provides dietary menu programs for Subscribers, and shall in no way be considered medical advice or diagnosis. The consumption of the recommended food may not be advisable for certain people, depending on their state of health (especially people who are not physically fit or who have health problems, pregnant or breastfeeding women, or those who require a specific diet, etc.). Before using the services, you should consult a physician or health care professional.
Therefore, before using the 4eat API, the Subscriber (end user) represents and declares:
- a. That he/she is in good health and in a fit condition to perform intense exercise and follow our dietary menus.
- b. That he/she has consulted a doctor who confirms that he/she is able to follow the diet indicated in the 4eat API.
- c. That the information you provide to us through the 4eat API is accurate.
- d. That you do not have heart disease, joint disease, or high blood pressure problems. Obesity, cholesterol, arthritis, diabetes, or family history of this type.
- e. That he/she has no pain, dizziness, loss of consciousness, vertigo during the practice of sports activities.
- f. That no doctor has advised against the practice of sports activities.
- g. That you have no reason to believe, for whatever reason, that you should not follow the 4eat dietary menus or the recommended physical activity.
In case of a problem, or if you do not feel well during exercise, stop immediately and call the emergency room or a doctor. The registered user (Subscriber) is informed and acknowledges that the services of the 4eat API are offered in digital services and content, without material support, and that the execution of the contract begins at the time of subscription to the service, with the prior agreement of Subscriber. As such, by using the services, the Subscriber acknowledges that he/she expressly waives his/her right of revocation.
Article 1. Definitions
The terms used both in the plural and in the singular in these General Terms and Conditions shall have the following meanings:
- Subscriber: User who has subscribed to a subscription to the services of the 4eat API.
- Subscription: adherence by the User to a tariff offer offered on the 4eat API, which allows him/her to have access to additional (non-free) functions.
- 4eat API: Application published by MASHEALTH Software SL, the use of which is subject to these General Terms and Conditions, including its subsequent updates.
- User Account: account created by the Subscriber in the 4eat API and accessible with an email address and password to access and use the Services.
- General Conditions or Contract: these General Conditions apply to the access and use of the 4eat API and its functions and other services of MASHEALTH Software SL for the Subscriber.
- Services: services offered in the 4eat API as described in Article 4 and in the 4eat API, as well as the other services offered by MASHEALTH Software SL to the Subscriber.
- Online Store: mobile application download platform that allows the download of the 4eat API for the operating system used in the User's terminal.
- Terminal: any smartphone or Tablet connected to the Internet and with an operating system compatible with the 4eat API, as indicated in the Online Store, of which the User is the sole owner or has control and on which the 4eat API is installed and used.
- MASHEALTH Software SL: software company that publishes the 4eat API and provides the Services, details of which are set out at the end of the General Terms and Conditions.
- User: natural person who has downloaded and uses the 4eat API on his Terminal for his personal needs who agrees to respect the General Conditions.
Article 2 - Subject matter
The General Conditions define the conditions under which the User has the right to use the 4eat API as well as the responsibilities of MASHEALTH Software SL and the User.
By clicking on the pop-up window provided for this purpose, the User accepts without reservation the General Conditions and acknowledges that they prevail over any other document relating to the 4eat API.
MASHEALTH Software SL may at any time modify, suspend or delete the 4eat API or the Services, modify the subscriptions, their prices or the General Conditions. These actions will have no impact on the 4eat API previously downloaded or subscriptions already subscribed by the User. Acceptance of the new Terms and Conditions and/or continued use of the 4eat API after the entry into force of the modifications constitutes acceptance of the new conditions.
The Contract is concluded between MASHEALTH Software SL and the User excluding the operator of the Online Store who is not responsible for the 4eat API and its contents. The User also agrees to comply with all obligations related to the download of the 4eat API in the Online Store. The User acknowledges that the operator of the store and its subsidiaries have the status of beneficiaries of this Agreement and shall have the possibility to oppose the User if necessary.
Article 3 - Access to the application and subscription
3.1. Access to the 4eat API:
The functions of the 4eat API are accessible after downloading from the Online Store and creating a User account. Some functions are accessible only to Subscribers.
The User must have a system (hardware and software) compatible with the 4eat API and Internet access, which are at the User's expense and responsibility. The use of the 4eat API may require periodic updates.
3.2. The User represents and warrants to MASHEALTH Software SL that:
- - Users belonging to the European Union must be at least 16 years of age. In the case of users under that age, it will be the parents or legal guardians who must declare their consent to the use and processing of the minor's data or give their approval for it.
- - You are not located in a country subject to a U.S. government embargo designated as supporting terrorism or on a list of persons subject to restrictions or prohibitions established by the U.S. government, including the U.S. Treasury Department's list of "Specially Designated Nationals," the U.S. Department of Commerce's list of "Denied Persons," or the U.S. Department of Commerce's list of "Entity List".
3.3. Creation of a User Account:
The User Account allows the User to manage his/her profile and statements, to access the Services (except those reserved for Subscribers).
The User must create a User Account on the 4eat API using his/her email address and password or via his/her Facebook account. The User declares that all information he/she provides to the 4eat API is complete, truthful and up to date at all times.
The User acknowledges that his/her credentials and password are strictly personal and confidential. It is therefore forbidden to communicate them or share them with third parties. The User is solely responsible for the use of his User Account, as well as for all actions and statements made through his User Account.
Under no circumstances can MASHEALTH Software SL be held responsible in case of usurpation of the identity of a user since it does not have the technical means to systematically ensure the identity of persons.
The User will be asked to fill in the requested information. That is to say, specifically his gender, his purpose, his age, his height, his weight, his likes, his allergies etc.
In case of connection with your Facebook account, the 4eat API may directly import the use of Facebook profile data (in particular information related to the User such as email address, last name, first name, age, etc.), which the User accepts. The User can manage the confidentiality settings of his/her information on the Facebook site.
The User may also spontaneously communicate certain information within the scope of the use of the 4eat API, particularly in relation to his activities, his weight and his meals. The User may also evaluate himself/herself by answering certain questions to determine his/her fitness level and the exercise programs adapted to his/her level.
To take advantage of certain functions and Services offered by the 4eat API, the User can authorize the 4eat API to access the tracking of his activity carried out on his Terminal, by managing these parameters in the menu of his Terminal.
The User guarantees that the data provided at the time of registration and subsequently, on a mandatory or optional basis are accurate, truthful and in accordance with reality.
MASHEALTH Software SL will in no case be responsible for the provision of false or incomplete information by the user or its consequences.
Article 4 - Functions of the application and subscriptions
Some of the functions of the 4eat API are accessible free of charge, particularly the basic exercises and the monitoring of the User's progress.
Other functions, such as customized menus, are subject to paid service subscriptions. Various subscriptions are available on the 4eat API, the details of which (such as price, duration and Services covered) are specified on the 4eat API. The 4eat API may propose, at its discretion, a free trial period.
Subscriptions: Depending on the payment method chosen, the purchase of a Subscription may involve the provision of additional information.
The price of the Subscription is the prevailing rate displayed on the 4eat API at the time of Subscription (except for manifest errors) and will be charged at the time of activation of the Subscription, unless a free trial period has been provided for. It will then be charged at the end of the trial period (unless terminated early).
The User declares that he/she is fully authorized to use the payment method he/she uses and that he/she has sufficient funds to cover the cost of the Subscription. In no event shall MASHEALTH Software SL be liable for the fraudulent use of a bank card or the User's Account.
The duration of the Subscription begins at the moment of starting the Subscription, and will be valid for the duration chosen by the Subscriber.
Cancellation: The Subscriber is informed and acknowledges that the Services are offered through digital content, without material support and that the performance of the Services begins at the moment of the Subscription of the service, with the prior agreement of the Subscriber.
As such, by using the Services, the Subscriber acknowledges that he/she expressly waives his/her right of revocation.
In the event that there is any element relating to billing on which there is a difference of opinion with MASHEALTH Software SL, the Subscriber agrees to inform us as soon as possible, no later than 15 days after the actual billing by MASHEALTH Software SL.
By accepting these Conditions the User expressly agrees to receive the invoice in electronic format by e-mail to the e-mail indicated in the User Account. The User may revoke this consent by sending an e-mail to the address indicated, under the subject "Request to receive the invoice in paper format" with a copy of your ID and the postal address where you want us to send it.
The 4eat API and/or Website may include links to other services, web pages, applications, including third party advertisements made on our service. We are not responsible for such third party services and make no representations or warranties in this regard. You agree that MASHEALTH Software SL shall not be liable for any damages or losses that you may suffer with respect to access to or use of the services linked from the Website or the 4eat API.
Article 5 - User and subscriber obligations
The User agrees and undertakes not to make use of the 4eat API that may be detrimental to MASHEALTH Software SL, the operation of the 4eat API, third parties or the laws in force and these General Conditions.
The User shall not publish on or through the 4eat API any content that infringes the laws and legality in force, or the rights of third parties. MASHEALTH Software SL does not monitor User content uploaded on/through the 4eat API, but reserves the right to remove any User content at any time, with or without reason. Each User shall be solely responsible for the information he/she posts on/through the 4eat API and warrants to us that such information is truthful, up-to-date and does not infringe any third party rights nor is it covered by confidentiality obligations. The User grants MASHEALTH Software SL a free and perpetual license, with worldwide scope, to reproduce and publicly communicate this information through the 4eat API and the Website, as well as to transform it in the manner necessary to be able to do so. In the event that a User believes that content available on the App or Website infringes his or her rights or these conditions, please contact MASHEALTH Software SL at the email address provided. We may initiate an investigation, and share relevant information with the authorities.
The User acknowledges and warrants that all statements made in these Terms and Conditions, including the preamble and in the Application 4eat are accurate.
Article 6 - Intellectual property
MASHEALTH Software SL owns all rights and/or legally exploits the 4eat API and its contents with respect to the User. The User acknowledges that patents, trademarks, models, copyrights or other intellectual property rights relating to the 4eat API, including all modifications, translations, adaptations, improvements, corrections, updates or new versions and derivative works, are and will remain reserved at all times to MASHEALTH Software SL.
The User agrees to use the 4eat API according to the General Conditions and not to infringe in any way whatsoever the proprietary rights of MASHEALTH Software SL. Such infringement may result in legal action and termination of this Agreement.
MASHEALTH Software SL grants you a limited, non-transferable, non-revocable, exclusive license to view, download, copy and print Content retrieved from the Services solely for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice or other proprietary rights notices that appear on or in connection with the Content. While we strive to keep the Contents accurate, complete and up-to-date, we cannot and do not guarantee, and are not responsible for, the accuracy, completeness or timeliness of any Content, whether provided by us or our affiliates or other users.
Subject to compliance with the General Conditions, MASHEALTH Software SL grants the User a personal, limited, temporary, non-transferable, non-exclusive, non-exclusive license to download, install and use the 4eat API on your Terminal, in executable form. Any use not authorized in the General Conditions is prohibited.
In particular, but without limitation, the User is prohibited from:
- a. Installing the 4eat API and/or using it for purposes other than those specified in this Agreement, and in particular for illegal or commercial purposes;
- b. Copy, reproduce, modify in any way, integrate into another product, part or all of the 4eat API even to correct any errors it may contain, this right shall be reserved for MASHEALTH Software SL SL except for copies authorized by law;
- c. Disassemble, nor reverse engineer, attempt to discover the source code (strictly confidential) and / or specific data files of the 4eat API, including to make it interoperable with other hardware or software than those mentioned in Article 1.
- d. Distribute, give, sell, sub-license or otherwise transfer, even free of charge, all or any part of the rights conferred by this Agreement, by any means, to any person; as such, the User agrees to delete its 4eat API from its Terminal in the event that it would transfer ownership or control to a third party;
- e. Remove, conceal or alter any proprietary notices or marks affixed to the credits of the 4eat API.
Article 7 - Warranties and liabilities
Urbanita will use its best efforts to allow continuous access to the 4eat API and to provide accurate information, with diligence and in accordance with the rules of the art, except for interruption required under maintenance, possible breakdowns, technical or legal restrictions.
The 4eat API arises from a particularly complex area of computer technology and in the current state of knowledge, and cannot be subjected to usability testing in all possible circumstances of use and, to the extent permitted by applicable mandatory law, no warranty other than those described in these General Terms and Conditions can be given to the User. In particular, the adequacy of the 4eat API to all needs and requirements of the User cannot be guaranteed at the User's own discretion or the continuous operation of the 4eat API without errors or damage. THE 4eat API AND THE SERVICES ARE PROVIDED "AS IS", as part of the obligation of means.
The User acknowledges that the Services and activities of MASHEALTH Software SL, which is not a health care professional, do not in any way amount to medical advice, counseling, diagnosis or prescription and that the Services are solely general exercise and nutrition programs that do not constitute, and are not intended to constitute, and are not to be considered medical advice or prescriptions. None of the Services offered may be considered medical advice, a medical diagnosis or treatment or prescription. The User should in any case consult his or her physician or a health care professional regarding his or her health condition.
The Services are guidelines on how to perform certain exercises and/or to create dietary menus or to perform certain programs, but the User is recommended to consult various sources of information, to consult his doctor before a sports activity and to adapt the exercises and programs to his state of health. You agree that neither MASHEALTH Software SL nor its trainers/nutritionists will be liable for any injury or physical or mental illness that may result, directly or indirectly, from any of our plans or recommended exercises or nutrition plans.
MASHEALTH Software SL assumes the obligation of means in the performance of the Agreement and shall not be liable for defects in the operation of the 4eat API by the mere fact of its existence, nor for the results that may be achieved through the use of the 4eat API.
Support, maintenance and updating of the 4eat API for the benefit of the User are not included in the license provided for in these General Terms and Conditions. Therefore, the User acknowledges that MASHEALTH Software SL has no obligation to provide maintenance and support services for the 4eat API.
MASHEALTH Software S.L. is not responsible for third party content possibly accessible via the 4eat API, for its accuracy, legality, quality or its decent character and in general terms can not guarantee the content and services by third parties via the 4eat API. Such content or services are governed by the applicable provisions and conditions, to which MASHEALTH Software SL is not a party. Hyperlinks to other websites are indicative, but may evolve according to the will of these third parties.
To the maximum extent permitted by applicable mandatory law, MASHEALTH Software SL is not responsible for any damage arising from the use of the 4eat API that does not comply with these Terms and Conditions, the advice of the User's own and any doctors or health professionals, nor for any technical problems of the User on its Terminal. MASHEALTH Software SL is not responsible if for any reason beyond its control, the 4eat API is inaccessible or of poor quality, in particular due to the User, its Terminal or the means to access and use the 4eat API.
The User is solely responsible for the use he makes of the Services and the harmful consequences thereof, vis-à-vis MASHEALTH Software SL or third parties, in particular in the event of non-compliance with his obligations under these General Terms and Conditions.
The liability of each party will be established only in case of foreseeable and consequential damage, resulting from a proven serious failure of their obligations that is directly attributable to them.
The operator of the Online Shop has no warranty obligation with respect to the 4eat API and any other claims, damages, losses, liabilities or expenses resulting from a defect of the 4eat API. No claims shall be enforceable against it, including (i) claims due to the product, (ii) claims relating to the 4eat API's violation of statutory or regulatory requirements, (iii) claims relating to consumer protection or confidentiality and (iv) claims relating to infringement of a third party's intellectual property rights.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE LIMITATIONS AND EXCLUSIONS OF WARRANTY AND LIABILITY PROVIDED IN THESE TERMS AND CONDITIONS APPLY TO THE FULLEST EXTENT POSSIBLE REGARDLESS OF THE BASIS OF LIABILITY.
If the 4eat API does not comply with any applicable warranty, the User may send a notice to MASHEALTH Software SL.
Article 8 - Termination
The User may at any time stop using the 4eat API by deleting the 4eat API from his or her Terminal.
The Subscription subscribed by the Subscriber shall be applicable for the duration selected by the Subscriber from the offers provided and shall be extended by tacit agreement upon its termination for periods of the same duration, at the rate in force.
If the User does not wish to renew his/her Subscription, he/she may terminate it with 24 hours' notice by sending an email to MASHEALTH Software SL or by deactivating the renewal in the settings of his/her terminal.
The Parties may also terminate the Contract in case of breach by the other party of its obligations after notice.
In case of termination, for any reason, the User must stop using the 4eat API and destroy all copies possibly made. The provisions that should survive the termination or cancellation of the Contract, by their nature or specifically, shall continue to apply for the period that is applicable to it.
MASHEALTH Software SL reserves the right to modify, suspend or terminate the Service and/or the 4eat API, either completely or in any of its component parts. In the event of termination, MASHEALTH Software SL will refund Subscribers an amount corresponding to the outstanding period of their Subscription. Users who use the 4eat API do so with full knowledge and acceptance of this power by MASHEALTH Software SL with respect to hiring, thereby agreeing not to take any action against MASHEALTH Software SL as a result of the use by them of such power.
Article 9 - Privacy and confidential policy
9.1. Personal data:
the creation of a User Account and the provision of the Services require the collection by MASHEALTH Software SL of a certain amount of personal data relating to the User, as described in Article 3.
The data collected are necessary for the performance of its obligations by MASHEALTH Software SL, especially for the management of the Subscription, the provision of the Services (in particular the provision of personalized Services) and the exercise of the rights provided for in these General Conditions. MASHEALTH Software S.L. also uses personal data to create a customer database. The User who does not wish to provide this information cannot use the 4eat API and receive the Services.
The controller of this data is MASHEALTH Software SL whose details are provided at the end of the General Conditions, except for what concerns data related to the payment method that will be processed exclusively by the Online Store in question, which is solely responsible for the processing.
These personal data are kept by MASHEALTH Software SL (or its subcontractor), as a Service provider throughout the period of use and subscription of the User under secure conditions, according to the current measures offered by the technique. MASHEALTH Software SL undertakes not to use them in another context or communicate them to third parties. MASHEALTH Software SL allows access to data to its technical service providers (hosting and email services, mailing) only with the consent of the User, which gives in this act, or in cases provided by law.
THE USER IS INFORMED THAT THE SERVERS OF MASHEALTH Software SL ARE LOCATED AT DigitalOcean LLC, Frankfurt, AND EXPRESSLY CONSENTS TO THE TRANSFER OF HIS PERSONAL DATA ON THESE SERVERS.
The contact data of the Users are stored on the servers of MASHEALTH Software SL under secure conditions, in accordance with current technical measures.
In accordance with the law, the User has the right of access, rectification, correction of data provided, and opposition to their treatment. To do this, it will be sufficient to make a request to MASHEALTH Software SL, by sending an email or by mail to the address indicated at the end of the Terms and Conditions, adding a photocopy of your identity card or passport to give evidence of your identity.
At the end of the provision of the Services, the data will be kept blocked for the legally established periods, for the sole purpose of defending the legitimate interests of MASHEALTH Software SL. Then they will be permanently deleted.
Article 10 - General Arrangements
The fact that a Party waives at any given time the requirement of strict performance by the other Party of any provision or condition of this Agreement shall not be deemed a definitive waiver of such provision or condition.
10.2. Invalidity of a clause:
If a non-essential clause of the Contract is deemed invalid or unenforceable by virtue of a law or regulation or following an applicable decision of a competent authority, the Parties expressly agree that the Contract shall not be affected by the invalidity of the clause in question.
10.3. Applicable Law and Jurisdiction:
This Agreement with Users domiciled in Spain is governed by Spanish law.
In case of disagreement or conflict between MASHEALTH Software SL and the User in relation to the validity, compliance or breach or interpretation of the present or more generally, the relationship between MASHEALTH Software SL and the User, the parties may resort to mediation or any other alternative means of dispute resolution established for this purpose in the territory of the User's domicile.
IT IS EXPRESSLY STATED THAT THE REQUEST FOR AN AMICABLE SETTLEMENT DOES NOT SUSPEND THE DEADLINES OPEN TO TAKE LEGAL ACTION.
In the absence of an amicable settlement, any dispute shall be submitted to the competent jurisdiction in accordance with the Code of Civil Procedure, and the User may initiate proceedings in the competent courts of his domicile.
Online dispute resolution. The European Commission facilitates an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/
Article 11 - Contact
MASHEALTH Software SL is a Spanish company located in Ceutí (Murcia) Calle Ramón Jara Nº43.
The User may contact MASHEALTH Software SL in the following By email at the address firstname.lastname@example.org.
- a. In order to perform or prepare the contract, all data necessary for the execution of a contract with 4eat will be processed. If the performance of the contract also involves external service providers, such as payment services, optimization services, hosting, etc., your data will be transmitted to them as necessary.
- b. By accessing our offer, various information is exchanged between your device and our server or the server of the services used by us. Such exchange may also include personal data. The information collected in this way is used, among other things, to further optimize our offer.
In accordance with the provisions of the GDPR, you enjoy different rights that you can assert against us. These include the right to oppose to certain data processing, in particular for advertising purposes. The possibility of opposing is highlighted in type. You will find more information about your rights below in a separate section and additionally in the individual data processing descriptions.
2. Name and contact details of the data controller and the data protection officer
3. Purposes of data processing, legal basis and legitimate interests pursued by us or a third party as well as categories of recipients
3.1 Access to our offer
When you access our offer, in particular our website or app, the app or browser used on your device will automatically send information to our servers, which will be temporarily saved in a log file. The following information will be collected without your intervention, which will be saved in the log file until it is automatically or manually deleted:
- a. IP address of the device used
- b. Date and time of access
- c. Name and URL of the accessed file, web page or app from which it is accessed (URL referer)
- d. Unambiguous identifier of the browser you are using
- e. Name of your internet service provider
The treatment of such data will be carried out in accordance with Art. 6 par. 1 letter f RGPD. Our legitimate interest derives from the purposes of data collection indicated below. In this regard, we would like to emphasize that the data collected does not allow us to deduce your identity and that we will not try to do so either. We will use the IP address of your device and the other data indicated for the following purposes:
- a. To ensure a smooth connection establishment
- b. To ensure a comfortable use of our offer
- c. To evaluate the security and stability of the system
- d. Other administrative purposes
3.2 Conclusion, performance and termination of the contract
We understand our offer primarily as a nutritionist: based on the goals you define for yourself, we will create personalized nutrition plans for you with exercises, recipe suggestions and much more information about health, fitness and nutrition. In this respect, we will process the data necessary for the conclusion, execution and termination of a contract. These include in particular:
- a. E-mail address
- b. First and last name, if applicable
- c. Billing and payment data
- d. Data entered by you and generated by the use of our offer, such as gender, age, height, weight, training goal, training progress, sports activities, meals eaten, etc.
The legal basis for this is Art. 6 par. 1 letters a and b GDPR and Art. 9 par. 2 letter a GDPR. If we do not use your contact data for customer service (see section 3.3 for details), we will store the data collected for the purpose of executing the contract until the purpose no longer exists or until the expiry of any contractual warranty claims. After expiry of this period, we will retain the personal data required by law for the legally prescribed period. During this period (normally six to ten years from the conclusion of the contract), the data will only be processed again in the event of an inspection by the tax authorities.
3.3 Data processing for customer service purposes
3.3.1. Information purposes
If you have subscribed to our offer, you are listed as an existing customer. In this case, we will process your contact data in order to provide you with information, e.g. about new, extended or improved functions, products and services.
3.3.2. Interest-based advertising
To ensure that you only receive information that is of interest to you, we categorize and complete your customer profile with additional information. Both statistical information and information about your person (such as master data or basic data of your customer profile) will be used for this purpose. The aim is to optimize our offer according to your actual or assumed personal interests and/or needs and to present you with appropriate recommendations without bothering you with unnecessary offers.
The legal basis for such processing is Art. 6 para. 1 letters b and f GDPR and Art. 9 para. 2 letter a GDPR. Such processing of existing customer data for own advertising purposes is considered a recognized legitimate interest according to Recital 47 GDPR.
3.3.3. Sending of the newsletter
In connection with our offer, we offer interested customers the possibility to subscribe to our newsletter. To ensure that the e-mail address entered really corresponds to the person concerned, we apply the so-called double opt-in: after entering the e-mail address in the registration field, we send you a confirmation link. Your e-mail address will only be added to our mailing list after you have clicked on this link. We will save the data collected in this procedure exclusively for documentation and demonstration purposes. The data includes in particular:
- a. E-mail address provided
- b. IP address of the device used
- c. Date and time of registration
- d. Form of processing
- e. Date, time and content of the confirmation message
- f. IP address of the device used for confirmation
- g. Date and time of your confirmation
The legal basis is Art. 6 para. 1 letter a GDPR. We will retain this data until the end of the contractual relationship, as this allows us to prove the legality of sending the newsletter. After termination of the contractual relationship we will retain the personal data required by law for the legally stipulated periods. During this period (normally ten years from the conclusion of the contract), the data will be processed again only in the event of a review by the tax authorities. You can opt out at any time from the consent given with effect for the future. To do so, simply click on the unsubscribe button in the respective e-mail message or send a short notification by e-mail. To do so, please use the contact options of our data protection officer.
3.3.4. Right to object
You may object to the processing of data for the above-mentioned purposes at any time and free of charge, separately for each communication channel and with effect for the future. To do so, all you need to do is send an e-mail or a letter by post to the contact person indicated in paragraph 1.
Once you have objected, we will block the contact address concerned for any further processing of advertising data. We will process your objection as quickly as possible and will implement the corresponding blocking measures without delay once the check has been completed. Please note that, in exceptional cases, information or product recommendations may be sent even after we have received your objection. This is due to purely technical reasons and does not mean that your objection will not be implemented. Thank you for your understanding.
4. Data processing for the purpose of presenting our offer
Below, we inform you of the data processing necessary to submit our offer to you:
4.1. Online presence and website optimization
We will not sell or rent your data to third parties for their advertising purposes without your explicit consent. Only in order to be able to offer our customers the best possible product, to improve the quality of our offer from time to time and to protect our customers' interests, we will, under certain circumstances, provide certain data to third parties; however, this transfer will always take place within the following strict limitations limitations, which are detailed below:
4.1.1. Google Analytics
In the interest of a customized design and continuous optimization of our offer, we use in accordance with Art. 6 para. 1 letter f GDPR the analysis service Google Analytics of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. ("Google"). Google creates pseudonymized user profiles using cookies. The information generated by cookies about your use of this website, such as
- a. Browser type and version
- b. Operating system
- c. URL referer (page visited before accessing this page)
- d. Host name of the accessing computer (IP address)
- e. Time of server request
Will be transmitted to a Google server in the USA and stored there. The information will be used to evaluate the use of the offers, to generate activity reports and to provide additional services related to the use of the offer for marketing and customization purposes. This information will also be passed on to third parties, if required by law or if the data is processed on behalf of third parties. Under no circumstances will your IP address be merged with other Google data. IP addresses will be anonymized, which prevents their allocation (so-called IP masking).
You can prevent the installation of cookies in advance by configuring your browser software accordingly or object to further processing by cookies by clicking on the opt-out link; however, we point out that in this case you may not be able to use all the functions of our offer. You can also prevent the collection of the data generated by cookies related to your use of our offer (including your IP address) as well as the processing of this data by Google by downloading and installing this browser plug-in. On mobile devices we recommend the use in private mode. Further information on data protection in connection with Google Analytics can be found on the Google Analytics website.
4.1.2. Google Tag Manager
Through Google Tag Manager we manage web tags (web page codes), which facilitate the management and development of our offer and shorten your loading time. Google Tag Manager merely implements web page codes. Therefore, Google Tag Manager does not install cookies or collect personal data. The tool merely integrates web page codes that we have installed elsewhere, through which data is collected. Thus, the tool serves only to facilitate the adjustment of each code, but does not access the data processed by it. In this privacy statement we inform you about all tags integrated through this procedure. You will find more information about Google Tag Manager and the usage policy on the Google pages.
You may opt out of user profiling, Hotjar's storage of data about your use of our site and Hotjar's use of tracking cookies on other websites by following this opt-out option.
5. Recipients outside the European Union
Data may also be provided to recipients based outside the European Union or the European Economic Area. This is particularly the case for processing indicated by means of analysis and segmentation technologies that may result in a transmission of data to the servers of service providers. Other recipients may be providers of associated services that we need to provide our services, for example hosting, CRM tools or analysis services. These servers may be located outside the European Union, in particular in the United States. We will pay particular attention to ensure that these service providers guarantee data protection levels equivalent to those of the GDPR and that the applicable rules are respected. Thus, we will only cooperate with service providers certified according to the Privacy Shield EU-US. For such certification, the European Commission has verified under file number C(2016) 4176 the adequacy of the level of data protection according to Art. 45 GDPR. These certified service providers thus comply with the European standards for legally compliant data processing. We have also collected contractual guarantees from all service providers based in other EU countries that they will ensure compliance with these EU standards and the rights of data subjects, e.g. in accordance with the European Commission's Standard Contractual Clauses.
6. Your rights
In addition to the right to oppose you at any time to the consents you have given us, you are also entitled to the following rights, provided that the respective legal conditions are met:
- a. Right to information about your personal data retained by us according to Art. 15 GDPR.
- b. In case of transfers according to Art. 46, 47 or 49 para. 1 no. 2 GDPR, the right to information or referral to adequate or appropriate safeguards and the possibility to obtain a copy of them or to dispose of them.
- c. Your personal data retained by us in accordance with Art. 15 RGPD.
- d. Right to rectification of incorrect data or completion of correct data according to Art. 16 GDPR.
- e. Right to erasure of your data stored by us according to Art. 17 GDPR.
- f. Right to limit the processing of your data in accordance with Art. 18 GDPR.
- g. Right to data portability according to Art. 20 GDPR.
6.2. Right to object
Under the conditions of Art. 21 par. 1 GDPR, the data subject may object to the processing of data on grounds resulting from his or her particular situation.
7. Data security
For our infrastructure and the processing of your data, we apply maximum levels of information security. For example, we use computer protection mechanisms such as firewalls and data encryption. For our buildings and data we have installed physical access controls. Access to our customers' personal data is only permitted to those employees who need it to perform their duties.
Furthermore, all data that you personally provide us with, including your payment data, will be transmitted with the usual secure standard SSL (Secure Socket Layer). SSL is a secure and proven standard that is also used, for example, in online banking. You can recognize a secure SSL connection, among other things, by the S added to the http (i.e. https://...) in the address bar of your browser or the padlock symbol at the bottom of the browser.
We also implement appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, total or partial loss and unauthorized access by third parties. Our security measures are continuously checked in line with technological progress, regularly adapted to the respective risk and improved if necessary.
Effective date: May 24, 2018