General Terms and Conditions and Client Information & Data Protection Declaration (B2B)

Table of Contents

A. General Terms and Conditions and Client Information

1. Scope of Application
2. Conclusion of the Contract
3. Contractual right to cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Force Majeure
7. Delay in performance
8. Delay in performance at the request of the Client
9. Reservation of title
10. Warranty Claims
11. Liability
12. Statute of Limitation
13. Retention, assignments
14. Applicable Law and Jurisdiction

B. Data Protection Declaration

1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Data Collection When You Visit Our Website
3. Hosting & Content Delivery Network
4. Cookies
5. Contacting Us
6. Data Processing When Opening a Customer Account and for Contract Processing
7. Processing of Data for the Purpose of Order Handling
8. Retargeting/Remarketing/ Referral Advertising
9. Site Functionalities
10. Tools and Miscellaneous
11. Rights of the Data Subject
12. Duration of Storage of Personal Data

A. General Terms and Conditions and Client Information

1) Scope of Application

1.1 These General Terms and Conditions of Pro Swim GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “ Client”) using means of distance communication (for example phone, fax, e-mail, letter) by way of exclusively individual communication in accordance with section 312 j (5),sentence 1 German Civil Code. The inclusion of the Client’s own conditions is herewith objected to, unless otherwise agreed.

1.2 The present General Terms and Conditions shall also apply exclusively, if the Seller performs the order without reservation, in the knowledge that the Client’s terms and conditions may conflict with or deviate from their own.

1.3 A trader pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.4 A trader within the meaning of these General Terms and Conditions is also any public authority or other institution under public law if it acts exclusively under private law when concluding the contract.

2) Conclusion of the Contract

2.1 The Client may send a non-binding request to the Seller by phone, fax, e-mail, letter or via the online form displayed on the Seller’s website regarding the submission of an offer. Following that request, the Seller will send a binding offer to the Client in text form (for example by e-mail, fax or letter) regarding the goods from the Seller’s assortments of products previously selected by the Client.

2.2 The Client can accept this offer by a declaration of acceptance transmitted to the Seller by phone, fax, e-mail, letter or via the online form displayed on the Seller’s website or by paying the remuneration offered by the Seller within 7 (seven) days following the receipt of the offer. For the calculation of the time limit the day of the receipt of the order is not counted. The day of the Seller’s receipt of payment shall be decisive for the acceptance of the order by means of paying. If the last day of the deadline for accepting the offer falls on a Saturday or a Sunday or a public holiday at the Client’s place of business, such day will be replaced by the following working day. If the Client does not accept the Seller’s offer within the aforementioned time limit, the Seller will not be bound by his offer and is entitled to freely dispose of the goods. The Seller will emphasize this point in his offer.

3) Contractual right to cancel

The Seller shall grant the customer a contractual right to cancel under the following conditions:

3.1 The Client is entitled to cancel a contract within 14 days without giving reasons. The cancellation period is 14 days and runs from the date the client or a third party commissioned by the client other than the carrier has acquired material possession of the last goods.

3.2 When exercising his right to cancel, the Client has to inform the seller about his decision to cancel the contract by means of a clear statement in text form (for example a letter with postal delivery, fax or e-mail. Compliance with the cancellation deadline requires only that the client sends his statement regarding his exercise of the right to cancel in good time prior to the expiry of the cancellation period.

3.3 The Seller can reject the reimbursement until he has received the goods in their entirety.

3.4 The Client has to return the goods or deliver them without delay and in any case the latest within 14 days from the day he has given notice to the Seller that he has cancelled the contract. The time limit is deemed adhered to, if the Client sends back the goods prior to the expiry of the 14-days time limit.

3.5 The Client bears the risk and the costs of returning the goods.

3.6 The Client shall be liable for any diminished value of the goods in accordance with the legal regulations.

4) Prices and Payment Conditions

4.1 All prices indicated by the seller are net prices plus the legal value-added tax. Costs for packaging, loading, freight, insurance (in particular transport insurance), duties and charges will be calculated separately.

4.2 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Client in the Seller’s offer.

4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.5 Payment shall be deemed to have been made if the equivalent value has been credited to one of the Seller’s accounts. In the event of delayed payment the seller may demand default interest in the amount of ten percent above the relevant base interest rate. All other legal rights to which the seller is entitled in the event of delayed payment of the client remain unaffected. Provided that claims are overdue, payments received shall be offset first to possible costs and interests and subsequently to the oldest claim.

4.6 If unforeseeable cost increases should occur (such as currency fluctuations, unexpected rise in prices of suppliers), the Seller is entitled to pass on such price increases to the Client. However, this only applies if delivery has been agreed to occur later than four months after conclusion of the contract.

4.7 When choosing the payment method “PayPal” , the handling of payments is done via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things that the Client has opened a PayPal account or he already has such an account.

5) Shipment and Delivery Conditions

5.1 Goods are delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed upon. In the processing of the transaction, the delivery address indicated during the Seller’s order processing shall be applicable.

5.2 The Seller is entitled to make partial deliveries, in so far as it seems reasonable for the Client. In the event of permissible partial deliveries, the Seller is entitled to issue partial invoices.

5.3 The Seller reserves the right to withdraw from the contract in the event of his own suppliers failing to deliver or if such delivery is incorrect. This only applies if the Seller is not liable for the non-delivery and if the Seller has concluded a congruent covering transaction with his supplier. The Seller shall make every reasonable effort in order to obtain the goods. In the case of the unavailability or the partial availability of the goods, the Client will be informed without delay and payments made by the Client will be immediately refunded.

5.4 The risk of accidental destruction and accidental deterioration of the goods shall be transferred to the Client upon delivery of the goods to an adequate forwarding company. The same applies as well if the Seller bears the costs of the transport. Transport insurance is provided only upon Client’s instruction and at his own cost. If installation and assembly are owed by the Seller, the risk passes to the Client with the completion of those works and with the handing over to the Client.

5.5 Should delivery of goods to the Client be delayed for reasons for which he is responsible, the risk passes already with the notification of the readiness for dispatch. Possible storage costs incurred after risk has been transferred are borne by the client.

5.6 Personal collection is not possible for logistical reasons.

6) Force Majeure

In cases of force majeure having an impact on the performance of the contract, the Seller is entitled to postpone the delivery for the duration of the hindrance and, in the event of longer-term impediment, to withdraw from the contract without giving rise to claims asserted against him by the Client. Force majeure shall mean any event which is unforeseeable for the Seller or any event, even if it would have been foreseeable, which is beyond the control of the Seller and the impact thereof on the performance of the contract could not be averted despite reasonable efforts used by the Seller. Possible legal claims of the Client remain unaffected.

7) Delay in performance

7.1 In case of delay in performance, the Client is entitled to withdraw from the contract within the framework of the statutory provisions provided that the Seller bears the responsibility of delay.

7.2 In the event of default on the part of the Seller, the Client is obliged to give notice within a reasonable period of time, whether he wishes to withdraw from the contract or insists on the delivery being carried out.

7.3 If shipping is delayed at the request of the Client for more than one month after readiness for shipment has been notified, the Client will be charged for the storage costs to the amount of 0,5% of the goods to be delivered, for each additional month, but not more than 5% of the price in total.

7.4 The proof of a higher or a lower damage is expressly reserved to the parties.

7.5 The above liability limitations do not apply in the event of intent, malice aforethought, gross negligence and in the event of damages caused by injury to life, physical injury or injury to health.

8) Delay in performance at the request of the Client

If dispatch or delivery of the goods is delayed at the request of the Client by more than one month after notification of readiness for dispatch, the Client may be charged storage fees amounting to 0.5% of the purchase price for each additional month or part thereof, but not more than a total of 5% of the purchase price. The contracting parties shall be at liberty to prove higher or lower damages.

9) Reservation of title

9.1 The Seller reserves the ownership of the delivered goods until complete payment of the purchase price has been effected. In addition, the Seller reserves the ownership of the goods until all his claims arising from his business relationship with the Client are met.

9.2 In the case of processing of delivered goods, the Seller shall be considered the manufacturer and shall acquire ownership of the newly arising goods. If processing is done with other materials, the Seller acquires ownership in proportion of the invoice amount of his delivered goods to the value of the other used materials. In the case of combination or mixing of goods belonging to the Seller with objects belonging to the Client, the article belonging to the Client is considered to be the main object. In this case, the Seller acquires the co-ownership of this new object in proportion of the purchase price of his goods or – in the absence of such a purchase price – of the current market value. In those cases the Client is considered to be the custodian.

9.3 Goods under reservation of title may neither be pledged nor transferred by way of security. The Client, in his capacity as a reseller, is only allowed to resell in the normal course of business on condition that the Client’s claims against his customers arising from the resale will be assigned effectively to the Seller and the ownership of the goods will be transferred under the condition of payment. By concluding a contract, the Client assigns his claims against his customers arising from those sales to the Seller by way of security. The Seller accepts that assignment simultaneously.

9.4 The Client has to give notice to the Seller immediately, if he has access to goods belonging or co-belonging to the Seller or to claims assigned. He has to pay to the Seller any amounts assigned to the Seller he has collected, insofar as the Seller’s claims are due.

9.5 Insofar as the value of the Seller’s security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding part of his security rights at the Client’s request.

10) Warranty Claims

In cases of defects the legal provision will apply. Deviating hereof the following will apply for items which were used for a building in a manner contrary to common practice thereby causing a defect.

10.1 An insignificant defect does not cause warranty claims and does not entitle the Client to refuse delivery of the goods. Should part of the goods be defective in a significant manner, the Client is not entitled to refuse total delivery. This does not apply if partial delivery is of no interest to the Client. Furthermore, payments effected by the client may only be retained to an extent which is appropriately proportionate to the occurred defect. If the item is made available at no cost, the Seller’s liability for defects is excluded except for cases involving intent and gross negligence.

10.2 Warranty claims do not arise in cases of natural wear and tear or in cases of damages after the passing of risk which are caused by incorrect or negligent treatment, excessive stress, and unsuitable operating equipment or caused by special external influences not covered by the contract, or caused by non-reproducible disturbances. If the Client or a third party undertakes modifications or maintenance works which are improper, no warranty claims can be made for the resulting damages, unless the Client can prove that the notified defect was not caused by those modifications or maintenance works.

10.3 Warranty claims are excluded in cases of used goods.

10.4 The limitation period for any claim arising from defects is one year calculated from the passing of risk. Subsequent performance (new delivery or remedying of a defect) shall affect exclusively the period of limitation for claims arising from defects which led to the subsequent performance.

10.5 The aforementioned limitations of liability and reduction of limitation shall not apply
– to items which have been used in accordance with their customary use for a building and have caused its defectiveness,
-to claims for damages and compensation of expenses the Client can make according to the relevant legal provisions related to defects
– in the event that the Seller has fraudulently concealed the defect, and
– to the right of recourse (Section 445a German Civil Code)
Section 9 will apply in the aforementioned cases.

10.6 If the client is a business person, he has to comply with the commercial obligation to inspect and to give notice of defects pursuant to section 377 German Commercial Code. If the Client fails to comply with those obligations, the goods shall be deemed as approved, unless the defect was not recognizable during inspection.

10.7 In the case of subsequent performance, the Seller has the right to choose between rectification and replacement delivery.

10.8 If a replacement delivery is made within the scope of liability for defects, the limitation period shall not start again.

10.9 In the case of replacement delivery, the Client is obliged to send back first the goods delivered within 30 days. The return parcel must contain the reason for return, the name of the Client and the number assigned to the purchase of the defective goods in order to enable the Seller to identify the returned goods. So long as and as far as the identification of the returned goods is not possible on grounds for which the Client is answerable, the Seller is not bound to accept returned goods and to refund the purchase prize. The costs for resending the goods will be borne by the Client.

10.10 If the Seller delivers a defect-free item in order to comply with his duty of subsequent performance, he may claim compensation for use pursuant to section 346, para 1 German Civil Code. Further legal claims remain unaffected.

11) Liability

Liability for being in default is exhaustively provided for by section 6. Furthermore, the Seller shall be liable for any claims arising from damages and compensation based on contract, quasi-contract and on legal provisions or on tort as follows.

11.1 The Seller is liable for every legal reason without limitation

• In cases of intent or gross negligence,
• in cases of negligent or willful physical injury or negligent or willful injury of life, body or health of a person,
• on the grounds of a warranty promise, unless otherwise agreed,
• on the grounds of compulsory statutory liability as defined for example in the product liability law.

11.2 If the Seller has violated essential contractual obligations through negligence, his liability is limited to foreseeable damage typical of the contract, unless unlimited liability applies pursuant to section 9, para 1. Essential contractual obligations are those obligations the contract imposes on the Seller which are material to the contract and whose fulfillment makes the due performance of the contract possible and on the performance of which the Client normally relies and is intended to rely.

11.3 Otherwise, the Seller’s liability is excluded.

11.4 The aforementioned liability provisions will also apply in the case of the Seller’s liability for his assistants and legal representative.

12) Statute of Limitation

The Client’s claims against the Seller – except those mentioned in Section 8 – expire by limitation no later than one year after the time of knowledge and at the latest five years after delivery of the performance, unless unlimited liability applies pursuant to Section 9, para 1.

13) Retention, assignments

13.1 The right of retention and the right to retain performance are excluded, unless the Seller does not deny the underlying counterclaims or those claims have been recognized by declaratory judgment.

13.2 The assignment of claims by the Client arising from the contract with the Client, in particular the assignment of Client’s warranty claims, are excluded.

14) Applicable Law and Jurisdiction

14.1 The contract shall be governed by the laws of the Federal Republic of Germany excluding the laws regarding the international purchase of movable goods.

14.2 If the Client is a business person, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the place where the Seller has his principle place of business. The same applies if the Client has no general place of jurisdiction in Germany or if his domicile or normal place of residence is not known at the time of the institution of legal proceedings. In any event regarding the aforementioned cases, the Seller is entitled to call the court responsible for the seat of the Client.

B. Data Protection Declaration

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Pro Swim GmbH, Kopernikusring 64, 92318 Neumarkt i.d.Opf., Germany, Phone.: +49 (0)9181-220023, Fax: +49 (0)9181-220024, e-mail: info@swimsafe.de. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data Collection When You Visit Our Website

2.1 When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

• Our visited website
• Date and time at the moment of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.

2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

For the hosting of our website and the presentation of the page content, we use a provider that provides its services itself or through selected subcontractors exclusively on servers within the European Union.

All data collected on our website is processed on these servers.

We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorised disclosure to third parties.

4) Cookies

In order to make your visit to our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. In some cases, these cookies are automatically deleted again after the browser is closed (so-called “session cookies”), in other cases, these cookies remain on your end device for longer and allow page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the duration of the storage in the overview of the cookie settings of your web browser.

If personal data is also processed by individual cookies set by us, the processing is carried out either in accordance with Art. 6 (1) point b GDPR for the performance of the contract, in accordance with Art. 6 (1) point a GDPR in the case of consent given or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

You can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.

Please note that the functionality of our website may be limited if cookies are not accepted.

5) Contacting Us

When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration.

The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.

6) Data Processing When Opening a Customer Account and for Contract Processing

Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed to the extent required in each case if you provide us with this data when opening a customer account. The data required for opening an account can be found in the input mask of the corresponding form on our website. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. After deletion of your customer account, your data will be deleted, provided that all contracts concluded via it have been fully processed, no legal retention periods are opposed and no legitimate interest on our part in the continued storage exists.

7) Processing of Data for the Purpose of Order Handling

7.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 Para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

7.2 Passing on Personal Data to Shipping Service Providers

– Deutsche Post

We use the following provider as transport service provider: Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany

We pass on your e-mail address and/or telephone number to the provider in accordance with Art. 6 (1) point a GDPR prior to delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, if you have given your express consent in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the supplier for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The transmission only takes place to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the supplier or the delivery announcement is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the provider.
– DHL

We use the following provider as transport service provider: Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany

We pass on your e-mail address and/or telephone number to the provider in accordance with Art. 6 (1) point a GDPR prior to delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, if you have given your express consent in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the supplier for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The transmission only takes place to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the supplier or the delivery announcement is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the provider.
– DPD

We use the following provider as transport service provider: DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg, Germany

We pass on your e-mail address and/or telephone number to the provider in accordance with Art. 6 (1) point a GDPR prior to delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, if you have given your express consent in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the supplier for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The transmission only takes place to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the supplier or the delivery announcement is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the provider.

7.3 Use of Payment Service Providers

– Paypal

Online payment methods from the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method of the provider for which you make an advance payment, your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose.

When selecting a payment method of the provider with which the provider makes advance payments, you will also be asked to provide certain personal data (first name and surname, street, house number, postcode, city, date of birth, e-mail address, telephone number, if applicable data on alternative means of payment) during the ordering process.

In order to safeguard our legitimate interest in determining the solvency of our customers, this data is passed on to the provider by us for the purpose of a credit check in accordance with Art. 6 (1) point f GDPR. On the basis of the personal data provided by you as well as further data (such as shopping cart, invoice total, order history, payment history), the provider checks whether the payment option selected by you can be granted with regard to payment and/or bad debt risks.

The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
– Stripe

Online payment methods from the following provider are available on this website: Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland

If you select a payment method of the provider for which you make an advance payment (e.g. credit card payment), your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose.

8) Retargeting/Remarketing/ Referral Advertising

Meta Pixel

Within our online offering, we use the “Meta Pixel” service of the following provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (“Meta”)

If a user clicks on an advert placed by us on Facebook and/or Instagram, “Meta Pixel” is used to add a parameter to the URL of our linked page. This URL parameter is then entered into the user’s browser after redirection by a cookie that our linked page sets itself.

This makes it possible for Meta to determine the visitors to our online offering as a target group for the display of adverts. Accordingly, we use the service to display the Facebook and/or Instagram ads placed by us only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Meta (so-called “custom audiences”).

On the other hand, the “Meta Pixel” can be used to track whether users have been redirected to our website after clicking on an advert and what actions they take there (so-called “conversion tracking”).

The data collected is anonymous to us and therefore does not allow us to draw any conclusions about the identity of users. However, the data is stored and processed by Meta so that a connection to the respective user profile is possible and Meta can use the data for its own advertising purposes.

All processing described above, in particular the setting of cookies for reading information on the terminal device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the “cookie consent tool” provided on the website.

We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorised disclosure to third parties.

The information generated by Meta is usually transferred to a Meta server and stored there; in this context, it may also be transferred to servers of Meta Platforms Inc. in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.

9) Site Functionalities

9.1 Trust-Widget by IT-Recht Kanzlei

Our website incorporates graphic elements from the following provider to display an externally awarded trust seal: IT-Recht Kanzlei GmbH & Co. KG, Alter Messeplatz 2, 80339 Munich, Germany

When you visit a page on our website that contains such graphic elements, your browser establishes a direct connection to the provider’s servers in order to load the elements properly. In doing so, certain browser information, including your IP address, is transmitted to the provider.

Insofar as personal data is processed in this context, this is done in accordance with Art. 6 (1) lit. f GDPR on the basis of our legitimate interest in the optimal marketing of our offer and the appealing design of our website.

9.2 Google Maps

Our website uses Google Maps (AP’I) of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google Maps is a web service for displaying interactive (country) maps in order to display geographical information visually. Using this service will show you our location and will make it easier for you to find us.

When you access the sub-pages that contain the Google Maps map, information about your use of our website (such as your IP address) is transmitted to and stored by Google on servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles. If you want to do so, you must contact Google to exercise this right.

If you do not agree to the future transmission of your data to Google in the context of using Google Maps, you may completely deactivate the Google Maps web service by switching off the JavaScript application in your browser. In this case, Google Maps as well as the map display on this website cannot be used.

The Google terms of use can be found at: https://policies.google.com/terms?hl=en. The additional terms of use can be found at: https://www.google.com/intl/en-US_US/help/terms_maps.html.
You can find detailed information on data protection in connection with the use of Google Maps on Google’s website (“Google Privacy Policy”) at: https://policies.google.com/privacy?hl=en.

To the extent required by law, we have obtained your consent to the processing of your data as described above in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the procedure described above for submitting an objection.

For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.

Further information on Google’s privacy standards can be found here: https://business.safety.google/privacy/

10) Tools and Miscellaneous

This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies and cookie-based applications that require consent. The “cookie consent tool” is displayed to users in the form of an interactive user interface when they access the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box.

Using the tool, all cookies/services requiring consent are only loaded if the respective user provides the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the respective end device of the user if consent has been granted.

The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) point f GDPR based on our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the processing is Art. 6 (1) point c GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

11) Rights of the Data Subject

11.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:

• Right of access by the data subject pursuant to Art. 15 GDPR;
• Right to rectification pursuant to Art. 16 GDPR;
• Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR;
• Right to restriction of processing pursuant to Art. 18 GDPR;
• Right to be informed pursuant to Art. 19 GDPR;
• Right to data portability pursuant to Art. 20 GDPR;
• Right to withdraw a given consent pursuant to Art. 7 (3) GDPR;
• Right to lodge a complaint pursuant to Art. 77 GDPR.

11.2 RIGHT TO OBJECT

IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

12) Duration of Storage of Personal Data

The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and – if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).

If personal data is processed on the basis of express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.

If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.

When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data is processed for the purpose of direct marketing based on Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.

Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.

Version: 09.06.2026, 10:51:12