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General Terms & Conditions

Last Updated: Tuesday, January 21, 2021

The contents of KARTL are offered in different languages for your convenience. However, only the German text version is authoritative for your contractual relationship with us.

Welcome to KARTL! Please take a moment to read the following general terms and conditions, as they govern your visit and use of our website and services.

INTRODUCTION

1. SCOPE OF APPLICATION

1.1 “KARTL” is an offer made available under the internet domain https://kartl.eu (hereinafter: “WEBSITE”) and via mobile applications (apps for Android and IOS) (hereinafter: “KARTL”) of Limendo Consulting vereinfachte GmbH with sole shareholder (hereinafter: “PROVIDER”), VAT number 02995110216, with registered office in 39100 Bolzano (BZ), Italy.

1.2 Your use of KARTL is subject to the provisions of a legally binding agreement between you and the PROVIDER. This legal agreement consists of:

(a) these general terms and conditions of business and use (hereinafter referred to as “GTC”), which are available at https://kartl.eu/policiesterms/, and

(b) the PROVIDER’s privacy policy, which is available at https://kartl.eu/policiesterms/.

The GTCs and the data protection declaration of the PROVIDER are hereinafter referred to jointly as the “PROVISIONS”.

1.3 The PROVISIONS govern the relationship between you and the PROVIDER in connection with the use of KARTL and form an integral part of all agreements made between you and the PROVIDER in connection with the use of KARTL. Deviating and supplementary regulations only apply if this has been expressly agreed. The PROVISIONS apply to all users of KARTL and to all visitors of the WEBSITE, the APP, as well as to clients and suppliers of the PROVIDER.

1.4 In addition to the PROVISIONS, the use of KARTL may be subject to other normative and contractual provisions, including those originating from third parties with whom the PROVIDER collaborates when you use their services.

1.5 The terms and conditions apply in any case, unless their validity has been expressly suspended in writing before the order is placed and their suspension has been confirmed in writing by KARTL.

1.6 The user acknowledges and agrees that each member of the group of companies to which the PROVIDER belongs is a third-party beneficiary of the PROVISIONS and that the companies concerned are entitled to rely on any arrangement of the PROVISIONS which confer an advantage (or rights) to the user and to enforce them directly.

2. ACCEPTANCE OF THE PROVISIONS

2.1 In order to use KARTL, you must first accept the PROVISIONS. By visiting the WEBSITE and/or using KARTL you declare that you have read the PROVISIONS in force at the time of use and that you accept them. You should print out the PROVISIONS for your records or save them locally.

2.2 You may not use KARTL or accept the PROVISIONS if you

(a) have not yet reached the legally required age for concluding a binding contract with KARTL, or

(b) are prohibited from receiving or using KARTL under the laws of the country in which you reside or from which you access or use KARTL, or are otherwise legally prohibited from doing so

3. LANGUAGE OF THE REGULATIONS

3.1 The contents of KARTL are offered in different languages for your convenience. However, the German text version of the PROVISIONS and the contents of KARTL is exclusively authoritative for your contractual relationship with the PROVIDER.

4. AMENDMENT OF THE TERMS AND CONDITIONS

4.1 The PROVIDER reserves the right to change the PROVISIONS in whole or in part at any time at its own discretion and without giving reasons. Should this be the case, the changes to the PROVISIONS will become effective upon publication on the WEBSITE or APP. By using KARTL after the changes have been published, you accept the changes to the PROVISIONS, and you should check the PROVISIONS regularly for changes.

SERVICES AND SUBJECT OF THE CONTRACT

5. GENERAL

5.1 KARTL contains software solutions for entrepreneurs/artists and end customers/travelers. The PROVIDER offers an information and transaction platform on the internet and on an application basis -APP, through which a transaction can be realized. KARTL thus serves as a platform, where a postcard or other art piece can be sent by a customer/traveler to another party in a digital or physical format (as a postcard format).

5.2 For the purposes of these GTCs, the term “entrepreneur/artist” shall mean any natural or legal person who acts for purposes that can be attributed to his commercial, business, craft or professional activity.

5.3 For the purposes of these GTCs, the term “end customer” shall mean any natural or legal person who acts for purposes that are outside his trade, business, craft or profession.

5.4 All service offers of the PROVIDER are subject to change and are non-binding. This also applies to price quotations. The exact scope of services and the nature of the contractual services for entrepreneurs or end customers can be found in the corresponding service descriptions, which are available at https://kartl.eu and form an integral part of these GTC. Any additional services require a separate written agreement with the PROVIDER. The PROVIDER can make changes to KARTL and/or the WEBSITE and APP at any time at its own discretion and provide updated versions of KARTL and/or the WEBSITE and APP at any time.

5.5 The transmission of data via KARTL can – depending on the provider contract of the entrepreneur or end customer – incur costs.

5.6 Depending on whether you use KARTL as an entrepreneur or as an end customer, the following specific regulations for entrepreneurs (point 6.) or for end customers (point 7.) apply to you in addition to the other regulations of these terms and conditions.

6. SPECIFIC CONTRACTUAL PROVISIONS FOR ENTREPRENEURS

6.1 KARTL is offered as free APP-based service for entrepreneurs/artists. If you use KARTL as an entrepreneur, the PROVIDER provides the contractual services as an APP service provider. The object of the contractual relationship between you and the PROVIDER is the temporary, non-exclusive and paid provision of software on the internet. For this purpose, the PROVIDER stores the software on a server that can NOT be accessed by the entrepreneur/artist. In order to publish your content on KARTL you need to contact KARTL and provide your content.

6.2 KARTL does not guarantee that your content will be published on KARTL. A jury will evaluate – but is not obliged to evaluate the content – and decide if the content matches our philosophy and will therefore be published on KARTL.

Artwork and Content License

6.3 As between the entrepreneur/artist (you) and KARTL, you own all and retain all rights in your artwork and content. You hereby grant us, our international websites, third party affiliates, wholesale partners, and our third party retailers a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork and content, producing and promoting products with your artwork and content, and providing the services. Any proprietary rights in the relevant content remain unaffected. Any liability of the PROVIDER in connection with the use of your content and/or rights is excluded.

Contact us if you do not wish to have your artwork displayed and sold on products through our international websites, third party affiliates, wholesale partners, or third-party retailers. If you remove your artwork, we, our affiliates, wholesale partners, and our third-party retailers will have ninety (90) days to delete your artwork from the services. We, our affiliates, wholesale partners, and third-party retailers will have the right to sell any products bearing your artwork during such ninety (90) day period.

YOU, AND NOT KARTL, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ARTWORK AND CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK.

You represent and warrant that:

(a) you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these terms;

(b) your artwork and content and the manufacture, distribution and sale of products that include your artwork does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;

(c) your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

(d) your artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

6.4 The PROVIDER is entitled to check the content created by the user at any time and at its own discretion and to remove it if necessary. The following content in particular and among others is not permitted:

(a) Content that violates copyrights, trademark or patent rights or other industrial property rights of third parties;

(b) Pornographic or sexually explicit content;

(c) Unlawful services such as prostitution, offering drugs, weapons, trafficking in human beings;

(d) Depictions of violence, accidents, corpses or similar;

(e) Racist content;

(f) Misleading content or content that violates the rules of fair competition, e.g., services or products that you cannot obtain.

Copyright and Trademark Policy

6.5 We are about empowering artists to create and providing those artists with a safe place to sell their artwork in form of postcards. In order to achieve this, we only want original artwork uploaded to our site. Uploading or copying someone else’s artwork, photographs, trademarks (logos, characters, or names), or likeness (celebrities or anyone else) is unethical, illegal, inexcusable and will not be tolerated. Please respect our Copyright and Trademark Policy and respect other artists’ intellectual property.

6.6 You agree to abide by our Copyright and Trademark Policy, which is incorporated herein by reference, including the procedures to report infringements of copyrights, trademarks, or other intellectual property rights.

IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING ARTWORK FOR SALE THROUGH THE SERVICES.

It is our policy, in appropriate circumstances and in our sole discretion, to (i) remove individual artworks, tags, titles, or descriptions and; (ii) disable and/or terminate the accounts of artists who infringe the copyrights, trademarks, or other intellectual property rights of others. In addition to all other remedies available to us, we will not pay you any artist share if you are found to be in violation of our Copyright and Trademark Policy.

6.7 Within the scope of your use of KARTL, you may not provide or otherwise use any content, information, offers and/or services that violate the rights of third parties (in particular in the area of data protection, competition, patent and/or trademark law and/or other industrial property rights) or violate provisions of Italian law (in particular those of public order and criminal law). The user agrees to indemnify the PROVIDER in this regard from all claims of third parties and to compensate the PROVIDER for all costs and damages that the PROVIDER may incur directly or indirectly as a result of related legal infringements.

Artist Share

6.8 For every product that is sold with your artwork printed on it, we will pay you (“Artist Share”). For sales of products on the APP and kartl.eu and its international websites, you will be paid on a monthly basis, generally within thirty (30) days of the end of a month. For sales of products through our third-party affiliates, wholesale partners or third-party retailers, you will be paid within thirty (30) days of the end of each calendar quarter. Unless otherwise stated or agreed upon in writing, all amounts will be paid in Euros. You are responsible for paying all applicable taxes associated with your receipt of Artist Share. Please see https://kartl.eu/designer/ for more information.

6.9 The current “Artist Share” is available under https://kartl.eu/designer/

IN THE EVENT THAT YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST SHARE. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST SHARE PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES.

If you believe that any Artist Share has been erroneously withheld from you or that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.

6.10 The PROVIDER may withdraw from the existing contractual relationship prematurely and without notice if insolvency proceedings are opened over your assets.

7. SPECIAL CONTRACTUAL PROVISIONS FOR END CUSTOMERS

7.1 As an end customer you can use KARTL – without prejudice to the provisions of point 5.5 – to digitally collect postcards and postcard art pieces and to send them to other parties digitally or physically. This incurs costs according to the price list available on the WEBSITE and the APP.

Orders

7.2 All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.

Generally, use of the services is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact our team.

Payments

7.3 If products or services are made available for purchase through the services and you wish to purchase the products or services, you may be asked by us or our designee (or, if the products or services are being made available by a third-party provider, by the third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT TO PURCHASE ANY PRODUCT AND/OR SERVICE.

You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the services. Verification of information may be required prior to acceptance of any order through the services.

Taxes and Shipping

7.4 Applicable taxes will be shown during the checkout process prior to finalizing your order. If applicable, VAT is included in the purchase price. Shipping charges will be shown during the checkout process prior to finalizing your order. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on-schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems.

Errors, Inaccuracies and Omissions

7.5 We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing, or other information on the services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

7.6 The PROVIDER uses certain tracking services to provide you with the services of KARTL. The data protection declaration, which can be found at https://kartl.eu/policiesterms/, describes which tracking services the PROVIDER uses and why he/she uses them. When using KARTL you will be informed about the use of the tracking services via a cookie banner. The PROVIDER’s privacy policy describes, among other things, how you can exclude the tracking procedure via your browser. Please note that the PROVIDER does not guarantee the correct or smooth use of KARTL if you exclude the tracking services on KARTL.

GENERAL TERMS OF USE

8. YOUR USE OF KARTL

8.1 The user may only use KARTL within the scope of the contractually agreed upon scope of use. The user is not entitled to any further rights. Any further use requires the prior written consent of the PROVIDER.

8.2 If the user exceeds the contractually permitted use or otherwise uses KARTL illegally or permit such a use, the PROVIDER can interrupt its contractual services and block the access to KARTL and/or terminate the contractual relationship without further notice. In this case you are responsible for all resulting damages and/or claims of third parties and are obliged to indemnify the PROVIDER from all claims of third parties.

8.3 KARTL is the exclusive property of the PROVIDER. By using KARTL you do not acquire any claims or rights to KARTL or its contents, especially not to the software or the WEBSITE. All copyrights, patents, trademarks, and other industrial property rights remain with the PROVIDER. You are not allowed to copy, sell, or temporarily transfer, rent or lend KARTL, the WEBSITE and/or software of the PROVIDER or parts thereof.

8.4 The user is obliged to take all necessary and/or appropriate measures to avoid illegal or non-contractual use of KARTL. If you recognize or should recognize that an illegal or non-contractual use is imminent, you are obliged to inform the PROVIDER immediately. The user is obliged to protect the access authorizations as well as identification and authentication information assigned to him from access by third parties and not to pass them on to unauthorized persons.

8.5 The PROVIDER is entitled to take technical or other measures at any time at his own discretion to protect against the use of KARTL in a manner not in accordance with the contract and/or to introduce further conditions of use.

CONTENTS AND LINKS

9. KARTL CONTENTS

9.1 All content on the WEBSITE, including but not limited to text, software, scripts, graphics, photographs, sounds, music and other interactive elements, as well as the design, process and operation, customer experience and functionality of KARTL (hereinafter referred to as “KARTL Contents”) are, unless rights of third parties are stated, owned by or licensed to the PROVIDER and are subject to copyrights, trademark and patent rights or other industrial property rights of the PROVIDER or its licensors.

9.2 You may only use the KARTL contents within the scope of the contractually agreed upon scope of use. The KARTL contents may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited without the prior written consent of the PROVIDER or its licensors. The PROVIDER reserves all rights not expressly granted to and in respect of KARTL content.

10. HYPERLINKS TO KARTL

10.1 The WEBSITE and KARTL APP may contain hyperlinks to other websites that are neither owned nor controlled by the PROVIDER. The existence of such hyperlinks does not constitute a recommendation for the corresponding websites and the PROVIDER does not accept any liability for their content, services, or other activities.

10.2 The user acknowledges and agrees that the PROVIDER is not responsible for any loss or damage the user may suffer in connection with the availability of such external websites or resources, or, as a result of the user’s reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites.

10.3 When you leave the WEBSITE, be vigilant and check the terms of use and privacy policy of any other website you visit.

DISCLAIMER OF WARRANTIES

11. DISCLAIMER OF WARRANTY OF THE PROVIDER

11.1 The services of KARTL, including the contents and services of the WEBSITE and the APP, as well as all other alias sites of the PROVIDER are provided “as is” and the PROVIDER makes no warranty or guarantee whatsoever with regard to them.

11.2 In particular and without limitation, KARTL does not warrant or guarantee that:

(a) the use of KARTL will not be interrupted and/or timely, secure and/or free from errors or malfunctions, but the PROVIDER will make every effort to restore the availability of KARTL as soon as possible;

(b) your use of KARTL will satisfy your expectations;

(c) any information you obtain through the use of KARTL is accurate or reliable;

(d) that errors in the operation or functionality of any software provided to you as part of the PROVIDER’s services will be corrected.

11.3 Other conditions, warranties, or other terms (including any terms relating to satisfactory quality, fitness for second use, or conformity with descriptions) are also not applicable to the PROVIDER’s services, unless otherwise expressly stated in these GTCs.

11.4 The PROVIDER is not a contractual partner of the services that the contractors offer to end customers within the framework of KARTL. The PROVIDER does not assume any warranty or other guarantee for the content, information, offers and services that the entrepreneurs make available to the end customers in connection with the use of KARTL.

EXCLUSION/LIMITATION OF LIABILITY

12. EXCLUSION/LIMITATION OF LIABILITY OF THE PROVIDER

12.1 The PROVIDER is not liable for damages (including indirect or consequential damages, and loss of profit) which should arise directly or indirectly from the use of KARTL, except in cases of intent or gross negligence.

12.2 The PROVIDER accepts no responsibility for permanent or temporary errors, omissions, interruptions, deletions, defects, delays and/or suspensions in the operation, transmission and/or provision of the contents and services of KARTL, communication line failures, unauthorized access to data or theft. Furthermore, the PROVIDER is not responsible for any problems or technical malfunctions related to the mobile internet, telephone networks or lines, online systems, servers or providers, computer equipment, software, as well as failures of e-mails or of the service provider for processing electronic payment due to technical problems or data congestion on the internet, or any combination thereof. Similarly, the PROVIDER is not liable for any changes that the PROVIDER should make to KARTL.

12.3 The PROVIDER is not liable for any damages the user may suffer as a result of his/her reliance on the completeness, accuracy and/or existence of any advertisements and/or offers or in connection with any relationship or dealings between the user and any advertiser or sponsor whose advertisements appear in connection with the use of KARTL.

12.4 You are solely responsible for all content, information, offers and/or services provided or otherwise used in connection with the use of KARTL. The PROVIDER assumes no liability whatsoever in this regard and you are obliged to indemnify the PROVIDER from all claims of third parties in this regard and to compensate the PROVIDER for all costs and damages which the PROVIDER may incur directly or indirectly as a result of related legal infringements.

12.5 The PROVIDER is not liable for storage errors, deletion, loss and/or damage of data that you provide, create, or receive in the context of using KARTL.

12.6 The PROVIDER is not liable for unauthorized knowledge of personal customer data by third parties (e.g., through unauthorized access to KARTL by hackers). The PROVIDER can also not be held liable for the misuse of content and information that the user has made available to third parties.

12.7 The exclusions or limitations of liability contained in this section 12. apply regardless of whether the PROVIDER was informed of and/or was aware of the possibility of the occurrence of such claims, losses and/or damages. They also apply with regard to the liability of legal representatives and auxiliaries.

12.8 The PROVIDER’s exclusions or limitations of liability contained in this Section 12. do not apply in cases of intent or gross negligence.

TERMINATION OF CONTRACT

13. EXPLICIT CANCELLATION CLAUSE

13.1 If you should fail to comply with even one of the provisions of section 6 (Special Terms of Contract for Entrepreneurs) – and there especially the provisions under 6.6, 6.7, 6.8, 6.10 and 6.11 -, section 8 (Your use of KARTL) – and there especially the provisions under 8.1, 8.2, 8.3 and 8.4 -, section 9 (KARTL Content) – and there especially the provisions under 9. 2 – and/or point 12.4 (Responsibility for Content and obligation to indemnify), this will constitute a serious and material breach of the contract in accordance with article 1455 of the Civil Code and will ipso iure result in the termination of the contractual relationship between you and the PROVIDER in accordance with article 1456 of the Civil Code, without prejudice to the assertion of further claims and the compensation of all damages. In the event of premature termination of the contractual relationship in accordance with the provisions of this point, the user is in any case obliged to pay for the services used up to the time of termination of the contract.

FINAL PROVISIONS

14. APPLICABLE LAW

14.1 All relations between the Parties, including these GTC, shall be governed by Italian law, to the exclusion of its conflict of law’s provisions. Any mandatory consumer protection provisions that may be applicable shall remain unaffected by this choice of law clause.

15. PLACE OF JURISDICTION

15.1 The exclusive place of jurisdiction for all disputes arising from and in connection with the relations between the parties to the contract, including these GTC, is Bolzano, Italy. Any mandatory consumer protection provisions that may be applicable shall remain unaffected by this agreement on jurisdiction.

16. PLACE OF PERFORMANCE

16.1 The place of performance for all contractual services is the legal domicile of the PROVIDER.

17. SEVERABILITY CLAUSE

17.1 Should one or more provisions of these GTCs be or become invalid and/or ineffective, the validity and effectiveness of the remaining provisions shall not be affected.

18. TOLERANCE

18.1 If you breach the provisions of these GTCs, any acquiescence by the PROVIDER in such breach shall not in any event entail any waiver by the PROVIDER of its rights and other effects under the relevant provisions or any waiver of the right to full performance of the obligations and conditions of the contractual relationship and/or these GTCs.

19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

19.1 Limendo Consulting can assign the rights and obligations without prior consent of the other party from their contracts completely to Its legal successors. Limendo will inform the other party by email with a lead time of 7 days.

For the purposes and effects of articles 1341 and 1342 of the Italian Civil Code, the user of the WEBSITE or KARTL declares that he/she has read the following clauses and provisions of these general terms and conditions and accepts them individually and specifically:

Point 1.6 (Third party beneficiary of the PROVISIONS),

Points 2.1 and 2.2 (Acceptance of the provisions),

Point 4.1 (Amendments to the PROVISIONS),

Point 5.4 (Services offered and scope of services),

Point 5.6 (Advertising),

Point 6.2 (Disclaimer for services offered),

Point 6.3 (Liability for costs),

Point 6.4 (Conclusion and duration of the contract, termination, adjustment of the subscription price, deletion of the data stock upon termination of the contract),

Point 6.5 (Invoicing),

Point 6.6 (Due date of the invoice and methods of payment),

Point 6.7 (Late payment, interest on arrears, express cancellation clause),

Point 6.8 (Right of withdrawal of the PROVIDER),

Point 6.9 (Obligation to indemnify the PROVIDER against claims of third parties),

Point 6.10 (Exclusion of warranty and liability),

Point 6.11 (Non-permitted content),

Point 6.12 (Provider’s rights in connection with User content),

Point 7.3 (Exclusion of warranty and liability),

Point 7.4 (Use of tracking services),

Point 7.5 (Exclusion of liability),

Point 8.2 (PROVIDER’s right to discontinue the services and terminate the contract and the user’s obligation to indemnify),

Point 8.3 (Restrictions of use),

Point 8.4 (Duties of the user)

Point 8.5 (Right of the PROVIDER to change the terms of use),

Point 9.2 (Restrictions on use),

Points 10.1 and 10.2 (Exclusion of liability),

Points 11.1, 11.2, 11.3 and 11.4 (Exclusion of warranty),

Points 12.1, 12.2., 12.3, 12.4, 12.5, 12.6, 12.7, 12.8 (Exclusion or limitation of liability),

Point 13.1 (Explicit cancellation clause),

Point 14.1 (Applicable law),

Point 15.1 (Agreement on jurisdiction),

Point 16.1 (Place of performance),

Point 18.1 (Acquiescence).

Point 19.1 (Assignment)

Copyright © 2020 Limendo Consulting SRLS – A.-Volta-Street 13A – Bozen – South Tyrol / +39 0471 195 7088

♥ made with love in South Tyrol

Privacy Policy

Last Updated: Tuesday, August 17, 2021

 

The contents of KARTL are offered in different languages for your convenience. However, only the German text version is authoritative for your contractual relationship with us.

 

Dear user,

in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (Basic Data Protection Regulation, hereinafter referred to as “DPA”) and with the provisions of Legislative Decree No. 196/2003 (as amended by Legislative Decree no. 101/2018), we, Limendo Consulting vereinfachte GmbH with sole shareholder (hereinafter also referred to as “Limendo Consulting”; this company is also meant when the terms “we” or “us” are used in the following), communicate the following information to you (the user):

1. GENERAL INFORMATION – SCOPE OF APPLICATION

This privacy policy describes the way in which we process your personal data in the context of your use of our services. The term “processing” or “processing” of personal data includes any operation or set of operations carried out with or without the aid of automated procedures, such as collection, recording, organization, storage, adaptation or alteration, reading, consultation, use, disclosure by transmission, dissemination or any other form of provision, alignment or combination, restriction, deletion, or destruction.

“Kartl” is an offer provided under the Internet domain https://kartl.eu/ and via mobile applications (apps for Android and iOS) by Limendo Consulting vereinfachte GmbH with sole shareholder. The provisions of this data protection declaration apply to all our business areas and refer in particular to the following services and performances:

– https://kartl.eu/ (our web presence or our website);

– mobile application “Kartl” for Android and iOS.

This data protection declaration does not refer to other websites or services which may be linked to “Kartl”.

You are advised to read this data protection declaration carefully before using our services and performances or before you register with “Kartl”, create a user account, or enter your personal data in our online forms.

Please note that only the German version of this privacy policy is authoritative. It is possible that any translations of this privacy policy are not always complete, correct or up to date.

In the course of time, changes may be made to this Privacy Policy. We therefore recommend that you consult it regularly and check for any changes. We will notify you of the existence of new versions of this Privacy Policy by means of links or other notices on our website at https://kartl.eu/ (hereinafter also referred to as “the Website”). Where required by applicable law, we will ask you for your express consent to specific data processing.

2. NAME AND ADDRESS OF THE RESPONSIBLE PERSON

The person responsible in the sense of the DSGVO and other national data protection laws of the member states as well as other data protection regulations is Limendo Consulting vereinfachte GmbH with sole shareholder, with headquarters in Kapuzinerstraße 5, 39011 Lana (BZ), e-mail: info@kartl.eu, in the person of the legal representative Mr. dott. Hannes Lösch. The responsible person is also responsible for the processing of personal data.

3. GENERAL INFORMATION ON DATA PROCESSING

A.    Purpose and scope of data processing

As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website, app, and our contents and services.

The processing of your personal data is essential for the provision of our website, app, as well as our contents and services. The possible refusal to provide personal data has the consequence that the service requested by you cannot be provided correctly and you cannot use “Kartl”.

The processing of personal data is carried out by automated systems and/or manually.

B.    Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a) DSGVO serves as the legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b) FADP serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.

Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c) DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d) DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, Article 6 (1) (f) FADP serves as the legal basis for the processing.

C.    Storage period and deletion of data

In principle, your personal data will be stored until the end of the business relationship in the course of which your data is processed. In any case, your personal data will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws, or other regulations to which the person responsible is subject. Data will also be blocked or deleted if a storage period prescribed by the above-mentioned standards expires unless there is a need for further storage of the data in order to conclude or fulfil a contract. Mandatory legal provisions – in particular retention periods – must be observed in any case.

4. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

Whenever our website is called up, our system automatically records certain data and information from the computer system of the calling computer (server log files). These are in particular and among others the following data:

·        Date and time of the visit and the duration of use;

·        The type of the user’s web browser;

·        The operating system used;

·        The domain name of your internet service provider and similar.

The data in question is information of a general nature, which does not allow any conclusions to be drawn about your person. This data is stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f) DSGVO or Art. 6 para. 1 lit. b).

The processing of the information in question (which is mandatory when using the internet) is necessary in order to correctly deliver the content you have requested from our website. The website log files are automatically deleted within 2 weeks. The IP is not stored and is not communicated to us by our server provider.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f) DSGVO. Anonymous information of this kind is statistically evaluated by us in order to optimize our internet presence and the technology behind it.

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user.

5. REGISTRATION

On our website and app, you have the possibility to register by providing personal data. The data will be entered into an input mask, transmitted to us, and stored.

During registration, in particular and among other things, your name, telephone number, e-mail address, IP address and the date and time of your registration are collected. Further information can be added optionally, such as your, address, your contact, as well as other communication data or even your payment information. For payment information see point 8. We do not store your payment information directly, especially as we are not authorized to do so. You can change or delete this data at any time.

As part of the registration process, the user’s consent to the processing of the above-mentioned data is obtained. The legal basis for the processing of this data is Art. 6 para. 1 lit. a) DSGVO, if such consent is given by the user. You may revoke this consent at any time or directly modify this data independently. To revoke the consent, an informal notification by e-mail to us is sufficient. Revocation of consent does not affect the lawfulness of the processing that has taken place on the basis of the consent until revocation.

Please note that the registration of the user is necessary for the provision of certain contents and services of “Kartl”. If you are registered with us, you can also access contents and services which we only offer to registered users. In this case your registration is necessary for the fulfilment of the contract or for the execution of pre-contractual measures. In this case, the additional legal basis for the processing of data is Art. 6 para. 1 lit. b) DSGVO.

Our website is hosted on a European server and the servers are certified according to DIN ISO/IEC 27001. SSL encryption: To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.

The data entered by you in the contact form will remain with us until you request deletion, revoke your consent for storage or the purpose for which the data was stored no longer applies. The latter is the case for data collected during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data is no longer required for the implementation of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations. Mandatory statutory provisions – in particular retention periods – shall remain unaffected in any case.

Registered users can change or delete the data provided during registration at any time. Of course, we will also provide information about the personal data we have stored about the user at any time. We will also be pleased to correct or delete this data at your request, provided that there are no legal obligations to retain it. To contact us in this context, please use the contact data provided in this data protection declaration.

As an end user, you also have the possibility to cancel the registration at any time. You can have the data stored about you changed at any time. If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, an early deletion of the data is only possible, unless contractual or legal obligations prevent a deletion.

6. USE OF COOKIES

Our website uses cookies. Cookies are small text files that are stored in the internet browser or by the internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. This automatically provides us with certain data, such as IP address, browser used, operating system via your computer and your connection to the internet. The data we collect in this way is not passed on to third parties and/or linked to personal data.

Cookies cannot be used to start programs or transfer viruses to a computer. We can use the information contained in cookies to make navigation easier for you and to enable our website to be displayed correctly. For this purpose, it is necessary that the calling browser can also be identified after a page change.

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f) DSGVO, as we have a legitimate interest in the storage of cookies for the technically error-free and optimised provision of our services.

Cookies are stored on the user’s computer and transmitted to us by the user. Therefore, you as the user also have full control over the use of cookies. In principle, you can also view our website without cookies. Internet browsers are regularly set to accept cookies. You can deactivate the use of cookies at any time via the settings of your browser. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. Please use the help functions of your internet browser to find out how to change these settings.

In addition, the European Interactive Digital Advertising Alliance offers the possibility of deactivating non-technical cookies from third parties at www.youronlinechoices.eu. Please note that some functions of our website may not work if you have deactivated the use of cookies.

Please note that if you deactivate cookies for our website, it may not be possible to use all functions of our website to their full extent.

7. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES WITH REGARD TO TRANSACTIONS

“Kartl” offers end users an information and transaction platform on the internet and on an application basis, through which you can order printing and delivering of postcards and thereby conclude binding contracts with various third-party individuals or companies (hereinafter referred to as COMPANY), such as partners providing app contents, as well as partners for printing and delivery.

In order to fulfil the contract, we pass on the end user’s data and the delivery information entered by them to the respective printing and delivery partners. Depending on which payment service provider you select in the ordering process, we also pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to the payment service provider commissioned by us or to the selected payment service for the purpose of processing payments (see also below under point 8.). In some cases, the selected payment service providers also collect this data themselves, if you open an account there. In this case you must log in to the payment service provider with your access data during the ordering process. In this respect the data protection declaration of the respective payment service provider applies.

In addition, your data may be passed on by the COMPANY to content providers in order to fulfil the delivery.

The legal basis for the processing and transfer of data in this context is Art. 6 para. 1 lit. b) DSGVO, as this is necessary for the conclusion or performance of a contract in the interest of the data subject. We assume no responsibility for compliance with the DSGVO by third parties.

8. TRANSFER OF PERSONAL DATA TO THE PAYMENT SERVICE PROVIDERS

Purchases via Stripe INC.

In “Kartl” app we use for the processing of our transactions services the payment service provider Stripe, Inc., a company founded according to the law of the State of Delaware (USA) with its registered office in 510 Townsend Street, San Francisco, CA 94103, USA (hereinafter also referred to as “Stripe”). The COMPANIES conclude their own agreement with Stripe in this respect and register directly with Stripe.

If you as an end user process transactions via “Kartl”, your transaction data, e.g., credit card data, will be passed on to Stripe and processed by this company. Depending on the type of transaction you choose, the data will in turn be passed on to third parties by Stripe, e.g., when using Apple Pay or Google Pay. Stripe’s privacy policy is available at https://stripe.com/IT/privacy.

The legal basis for the processing and transfer of the data to Stripe is Art. 6 para. 1 letter b), as this is necessary for the fulfilment of a contract in the interest of the data subject.

Stripe is subject to the EU-US Privacy Shield Framework, the adequacy of which was confirmed with regard to the level of protection by implementing Commission Decision (EU) 2016/1250 of 12 July 2016.

Purchases of In-App-Consumables via In-App-Purchases

When a paid service is used, we use external payment service providers via the Google Play Store (https://policies.google.com/privacy) and the Apple Store (https://support.apple.com/de-at/HT210584) as part of the compliance of contracts on the basis of Art. 6 Para. 1 lit. b) of the Regulation in order to offer our users an effective and secure payment option.

The data processed by the payment service providers includes inventory data, as well as contract amounts and recipient-related information. However, the data entered is only processed by the named service providers and saved with them. This means that we do not receive any data-related information in this respect, but only information concerning the confirmation or negative processing of the payment. The terms and conditions and data protection information of the respective service providers or payment service providers apply here.

9. TRANSFER OF PERSONAL DATA TO COMPANIES FOR MARKETING ACTIVITIES AND OFFERS

If you use “Kartl”, you have the possibility to receive offers and information directly from COMPANIES registered with “Kartl”. This takes place through your expressed consent within the framework of a transaction. If you wish, we will pass on your name, telephone number, and e-mail address to the COMPANY for which you have given your consent. The processing or transfer of the data in question is thus based on your consent (Art. 6 para. 1 lit. a) DSGVO). You may revoke your consent at any time or independently modify the data concerned at any time. To revoke your consent, simply send us an informal e-mail to accounts@kartl.eu. Revocation of consent does not affect the lawfulness of the processing or transfer of the data carried out on the basis of the consent until revocation. To contact us in this context, please use the contact data provided in this data protection declaration. Please note that you can no longer receive offers and information from gastronomy or service companies registered with “Limendo Menu” if you revoke your consent to the passing on of your data to third parties with regard to marketing activities.

10.     NEWSLETTER

On our website there is the possibility to subscribe to a free newsletter. When registering for the newsletter, the data from the input mask will be transmitted to us. The processing of your data serves to deliver the newsletter. Subscribers can also be informed by e-mail about circumstances that are relevant to the service or registration (for example changes to the newsletter offer or technical conditions).

For an effective registration we need a valid e-mail address. In order to verify that a registration is actually made by the owner of an e-mail address, we use the “double opt-in” procedure. For this purpose, we log the ordering of the newsletter, the sending of a confirmation e-mail and the receipt of the hereby requested answer.

Our website uses the service “MailChimp” of The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA, in the following briefly also “The Rocket Science Group LLC”) for the transmission or sending of the newsletter. For this purpose your personal data will be passed on to The Rocket Science Group LLC. The Rocket Science Group LLC is subject to the EU-US Privacy Shield Framework (EU-US Privacy Shield), the adequacy of which was confirmed with respect to the level of protection by implementing Commission Decision (EU) 2016/1250 of 12 July 2016.

Your consent for the processing and forwarding of data will be obtained during the registration process for the newsletter. The legal basis for the processing and transfer of data after registration for the newsletter by the user is therefore Art. 6 para. 1 lit. a) DSGVO. You can revoke your consent to the processing or transfer of your personal data and its use for the newsletter at any time and the subscription to the newsletter can be cancelled at any time. For this purpose there is a corresponding link in every newsletter. In addition, you can also unsubscribe directly on our website at any time or inform us of your request via the contact option provided in this privacy policy. The revocation of the consent or the cancellation of the newsletter subscription does not affect the legality of the processing of data based on the consent until the revocation or cancellation. Mandatory legal provisions – in particular retention periods – remain unaffected. Please note that you can no longer receive a newsletter if you revoke your consent to the processing and/or transfer of your data.

The data collected by us in the course of registration and the sending of the newsletter will be deleted as soon as they are no longer required for the purpose of their collection. The user’s e-mail address is therefore stored for as long as the subscription to the newsletter is active.

11.     CONTACT FORM AND E-MAIL CONTACT

If you contact us by e-mail or contact form, the information you provide will be transmitted and stored for the purpose of processing your enquiry and for possible follow-up questions. We use our own contact forms and store your inquiry directly with us.

For the transmission of contact forms on the website Newsletters use the service “MailChimp” of the company The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA, in the following briefly also “The Rocket Science Group LLC”. For this purpose your personal data will be passed on to The Rocket Science Group LLC. The Rocket Science Group LLC is subject to the EU-US Privacy Shield Framework (EU-US Privacy Shield), the adequacy of which was confirmed with respect to the level of protection by implementing Commission Decision (EU) 2016/1250 of 12 July 2016.

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data. The legal basis for the processing of data transmitted in the course of sending an e-mail is therefore Art. 6 para. 1 letter f) DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) DSGVO.

In our contact forms you have the possibility to determine the extent to which you would like to be informed and contacted by us via various media. Your consent for the processing of your data will be obtained when you send the contact form and reference will be made to this data protection declaration. The processing of the data entered in a contact form is thus exclusively based on your consent (Art. 6 para. 1 lit. a) DSGVO). You can revoke your consent at any time. To revoke your consent, an informal notification by e-mail to us is sufficient. Revocation of consent does not affect the lawfulness of the processing that has taken place on the basis of the consent until revocation. Please note that the conversation cannot be continued if you revoke your consent. All personal data stored in the course of the contact will be deleted in this case.

The data you have entered into the contact form or transmitted by e-mail will be deleted as soon as they are no longer required for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is finished when it can be concluded from the circumstances that the matter in question has been finally clarified. Mandatory legal provisions – in particular retention periods – remain unaffected in any case.

12. USE OF GOOGLE ANALYTICS

We use the service “Google Analytics” on our website, which is offered by Google LLC (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, hereinafter also referred to as “Google”), to analyze the use of the website by users. This service uses cookies (on cookies, see above under point 6.). The data collected by the cookies is usually sent to a Google server in the USA and stored there.

The recipient of the data within the scope of the use of Google Analytics is Google LLC (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). Google LLC is subject to the EU-US Privacy Shield Framework, the adequacy of which was confirmed with regard to the level of protection by implementing Commission Decision (EU) 2016/1250 of 12 July 2016. The Google Privacy Policy & Additional Terms of Use for Google Maps can be found at https://policies.google.com/privacy?hl=de.

However, due to the activation of IP anonymization on these websites, your IP address will be truncated by Google within Member States of the European Union or in other countries which are parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. According to Google, the IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google.

We use the “demographic characteristics” function of Google Analytics on our website. This allows us to create reports that contain statements about the age, gender and interests of the site visitors. This data comes from interest-based advertising by Google as well as from visitor data from third parties. This data cannot be attributed to any specific person. You can disable this feature at any time by changing the ad settings in your Google Account, or generally prohibit Google Analytics from collecting your information as described in the “Opting out of data collection” section.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: Browser add-on to deactivate Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=de

Google Analytics is used to improve the quality of our website and our services. By analyzing user behavior, we learn how our website and services are used and can thus constantly optimize our offer and advertising. This is also our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f) DSGVO.

You have the option of preventing the storage of cookies on your device by making appropriate settings in your browser. Please note that you will not be able to access all functions of our website without restrictions if your browser does not allow cookies.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by clicking on the following link https://tools.google.com/dlpage/gaoptout?hl=de and installing the browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=de: Browser add-on to deactivate Google Analytics.

In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages. This will install an opt-out cookie on your device. This will prevent Google Analytics from tracking this website and this browser in the future as long as the cookie remains installed in your browser.

13. USE OF SCRIPT LIBRARIES (GOOGLE WEBFONTS)

To display our content correctly and graphically appealing across browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/). Google Web fonts are cached in your browser to avoid multiple loading. If the browser does not support Google Web Fonts or prevents access, content will be displayed in a default font.

Calling up script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible – although it is currently unclear whether and for what purposes – that the operators of such libraries collect or process data. The privacy policy of the library operator Google can be found here: https://policies.google.com/privacy?hl=de..

We do not store data in connection with the use of script libraries.

The use of script libraries is based on Art. 6 para. 1 lit. f) DSGVO, because we have a legitimate interest in delivering our website with the correct web fonts, in order to be able to correctly and appropriately display and present our services and the brand “Limendo”.

14. USE OF GOOGLE MAPS

We use Google Maps API, a mapping service provided by Google LLC. as part of our services to visually display geographic information and content, as well as to calculate and process distances.

When using Google Maps, information about your use of our services (including your IP address) can be passed on to Google and stored by Google. The recipient of the data within the scope of using Google Maps is Google LLC (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). Google LLC is subject to the EU-US Privacy Shield Framework (EU-US Privacy Shield), the adequacy of which was confirmed with regard to the level of protection by implementing Commission Decision (EU) 2016/1250 of 12 July 2016. The Google Privacy Policy & Additional Terms of Use for Google’s services can be found at https://policies.google.com/privacy?hl=de.

The legal basis of the processing in connection with the use of Google Maps is derived from Art. 6 para. 1 lit. f) DSGVO, as we have a legitimate interest in making available our benefit geographical information about our locations or calculating distances and this information for the easy findability of the locations indicated in the context of our services. We need this in particular to calculate the distance between you and the COMPANY in order to determine whether you are within the delivery area.

15. USE OF FACEBOOK WEBSITE CUSTOMER AUDIENCE & FACEBOOK CONVERSION PIXEL

Facebook Website Customer Audiences: We use on our website the “Website Custom Audiences” pixel of the company Facebook, Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA (hereinafter referred to as “Facebook”). So-called counting pixels are integrated on our pages. When you visit our pages, the pixel-code establishes a direct connection between your browser and the Facebook server. Facebook thereby receives information from your browser, among other things, that our page has been called from your end device. If you are a Facebook user, Facebook can use this to assign your visit to our pages to your user account. We would like to point out that we have no knowledge of the content of the transmitted data or its use by Facebook. We can only choose which segments of Facebook users (such as age, interests) our advertising should be displayed to. In doing so, we use one of two working methods of Custom Audiences, in which no data records, especially no e-mail addresses of our users – neither encrypted nor unencrypted – are transmitted to Facebook. You can find more information on this in the Facebook privacy policy at https://www.facebook.com/about/privacy/.

If you wish to object to the use of Facebook website Custom Audiences, you can do so at https://www.facebook.com/ads/website_custom_audiences/.

The recipient of the data within the scope of using Facebook Website Custom Audiences services is Facebook. Facebook, Inc. is subject to the EU-US Privacy Shield Framework, the adequacy of which was confirmed in terms of the level of protection by Commission Implementing Decision (EU) 2016/1250 of 12 July 2016.

The processing of data in connection with the Facebook Website Customer Audiences services is based on Art. 6 para. 1 lit. f) DSGVO, as we have a legitimate interest in analyzing user behavior so that we can optimize our offer and advertising.

Facebook Website Customer Audiences is not used within the scope of our services at https://menu.limendo.com.

Conversion measurement with the conversion pixel of Facebook: We also use the “conversion pixel” or visitor action pixel of Facebook on our website at https://limendo.menu. By calling up this pixel from your browser, Facebook can subsequently recognize whether a Facebook advertisement was successful, e.g. whether it led to an online purchase transaction. We receive only statistical data from Facebook without reference to a specific person. This enables us to record the effectiveness of Facebook advertisements for statistical and market research purposes. In particular, if you are logged in to Facebook, we refer you to their privacy information https://www.facebook.com/about/privacy/.

Please go to www.facebook.com/settings?tab=ads if you wish to withdraw your consent to the “conversion” pixel.

The recipient of the “conversion” pixel or visitor action pixel in connection with the use of the “conversion” pixel is Facebook. Facebook, Inc. is subject to the EU-US Privacy Shield Framework (EU-US Privacy Shield), the adequacy of which was confirmed in terms of the level of protection by Commission Implementing Decision (EU) 2016/1250 of 12 July 2016.

The processing of data in connection with the use of the “conversion pixels” or visitor action pixels of Facebook is based on Art. 6 para. 1 lit. f) DSGVO, as we have a legitimate interest in the analysis of user behavior so that we can optimize our offer and our advertising.

Within the scope of our services at https://menu.limendoc.com the “conversion pixel” or visitor action pixel of Facebook is not used.

16. RIGHTS OF THE AFFECTED

If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights against the person responsible.

A.    Right of access to information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.

If such processing has taken place, you can request information from the data controller about the following:

(1) the purposes for which the personal data are processed
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information as to the source of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling in accordance with Art. 22 (1) and (4) DPA and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
(9) You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DPA in connection with the transfer.

B.    Right of rectification and/or completion

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

C.    Right to limit processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data
(2) if the processing is unlawful and you object to the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need the personal data for the purpose of asserting, exercising or defending legal claims; or
(4) if you have lodged an objection to the processing in accordance with Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data may be processed – apart from storage – only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

D.    Right of cancellation

a) Duty to delete

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
(2) you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a) or Art. 9 para. 2 lit. a) DPA and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21(1) DPA and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21(2) DPA.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the DPA.

(b) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

(1 ) on the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h) and i) and Art. 9 para. 3 DSGVO;
(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

E.    Right to information

If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed of these recipients.

F.    Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been made available, provided that:

(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a) DSGVO or Art. 9 para. 2 letter a) DSGVO or on a contract pursuant to Art. 6 para. 1 letter b) DSGVO and
(2) the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

G.    Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e) or f) FADP; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you, unless he can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or unless the processing is for the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

H.    Right to revoke the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

I.    Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision:

(1) is necessary for the conclusion or performance of a contract between you and the controller
(2) is authorized by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a) or g DSGVO applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to protect the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the data controller, to present his or her point of view and to challenge the decision.

J.    Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.

 

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

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