Masthead

Legal notice pursuant to § 5 TMG

Krampitz Communications – PR for Renewables and Technologies
Dillenburger Straße 85
51105 Köln

Represented by:

Iris Krampitz

Telephone: +49 221.91 24 99 49
Fax: +49 221.91 24 99 48
eMail: info@pr-krampitz.de

VAT ID No. in acc. with §27a VAT Act (Germany): DE236179316

Responsible for content pursuant to § 55 Section 2 RStV:

Iris Krampitz
Dillenburger Straße 85
51105 Köln

 

Disclaimer:

Liability for content

The contents of our pages have been prepared with the greatest care, however we cannot accept and responsibility for the correctness, completeness and status of the content. As the service provider we are responsible under § 7 Section 1 TMG and general law for the content we have provided on these pages. In accordance with §§ 8 to 10 TMG we, as service provider, are not however obliged to monitor transmitted or saved third-party information, or to research circumstances that might indicate illegal activities. Obligations to block or remove information in accordance with general laws remain unaffected. Any liability in this respect is, however, only incurred from the moment that we become aware of a specific infringement. We will remove such content as soon as we become aware of any such violations of law.

 

Liability for links

Our site contains links to external web pages created by third parties, over whose content we have no influence. We cannot therefore guarantee the content nor accept any liability for this third-party content. The provider or webmaster of the site is solely responsible for the content. The linked pages were checked for possible violations of the law at the time the link was created and at that moment in time no potentially illegal content could be identified. A constant control of the content of the linked web pages is however not plausible without any specific indication of n infringement of the law. As soon as we become aware of any such infringements, we will immediately remove the links.

 

Copyright

The contents and works created by the operator of this website are subject to German copyright law. Reproduction, processing, disseminating and any kind of use outside the limits of copyright law require the prior written approval of the author or creator. Downloading and copying these pages is only permitted for private, non-commercial use. Where the contents of these pages were not compiled by the operator of this website, the copyrights of third parties are respected. In particular, third-party content will be identified as such. If you should nevertheless become aware of any copyright infringement, we request that you notify us accordingly. We will remove any such content as soon as we become or are made aware of any such infringements of rights.

 

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Krampitz Communications. The use of the Internet pages of Krampitz Communications is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Krampitz Communications. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Krampitz Communications has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of Krampitz Communications is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a)    Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c)    Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d)    Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e)    Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f)     Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g)    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h)    Processor

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

i)      Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j)      Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k)    Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Krampitz Communications

Dillenburger Straße 85

51105 Köln

Deutschland

Phone: 022191249949

Email: info@pr-krampitz.de

Website: www.pr-krampitz.de

3. Collection of general data and information

The website of the Krampitz Communications collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Krampitz Communications does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Krampitz Communications analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Subscription to our newsletters

On the website of Krampitz Communications, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

Krampitz Communications informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

As Newsletter Software Newsletter2Go is used. Your data will be transmitted to Newsletter2Go GmbH. Newsletter2Go is prohibited from selling and using your data for purposes other than sending newsletters. Newsletter2Go is a German, certified provider, which was selected according to the requirements of the General Data Protection Regulation and the Federal Data Protection Act.

Further information can be found here: https://www.newsletter2go.de/informationen-newsletter-empfaenger/

The granted consent to the storage of the data, the e-mail address and their use for sending the newsletter can be revoked at any time, for example via the “unsubscribe” link in the newsletter.

5. Newsletter-Tracking

The newsletter of Krampitz Communications contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel,  Krampitz Communications may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Krampitz Communications automatically regards a withdrawal from the receipt of the newsletter as a revocation.

6. Contact possibility via the website

The website of Krampitz Communications contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

7. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8. Rights of the data subject
a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Krampitz Communications, he or she may, at any time, contact any employee of the controller. An employee of Krampitz Communications shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of Krampitz Communications will arrange the necessary measures in individual cases.

e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Krampitz Communications, he or she may at any time contact any employee of the controller. The employee of Krampitz Communications will arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the Krampitz Communications.

g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The Krampitz Communications shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the Krampitz Communications processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Krampitz Communications to the processing for direct marketing purposes, Krampitz Communications will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Krampitz Communications for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the Krampitz Communications. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Krampitz Communications shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Krampitz Communications.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Krampitz Communications.

9. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

10. Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.

11. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

12. Data protection provisions about the application and use of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.

13. Data protection provisions about the application and use of Shariff

On this website, the controller has integrated the component of Shariff. The Shariff component provides social media buttons that are compliant with data protection. Shariff was developed for the German computer magazine c’t and is published by GitHub, Inc.

The developers of the component is GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, United States.

Typically, the button solutions provided by the social networks already transmits personal data to the respective social network, when a user visits a website in which a social media button was integrated. By using the Shariff component, personal data is only transferred to social networks, when the visitor actively activates one of the social media buttons. Further information on the Shariff component may be found in the computer magazine c’t under http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-ct-Shariff-ist-im-Usatz-2470103. Html provided. The use of the Shariff component is intended to protect the personal data of the visitors of our website and to enable us to integrate a button solution for social networks on this website.

Further information and the applicable data protection provisions of GitHub are retrievable under https://help.github.com/articles/github-privacy-policy/.

14. Data protection provisions about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

15. Data protection provisions about the application and use of Xing

On this website, the controller has integrated components of XING. XING is an Internet-based social network that enables users to connect with existing business contacts and to create new business contacts. The individual users can create a personal profile of themselves at XING. Companies may, e.g. create company profiles or publish jobs on XING.

The operating company of XING is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a XING component (XING plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding XING component of XING. Further information about the XING plug-in the may be accessed under https://dev.xing.com/plugins. During the course of this technical procedure, XING gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on XING, XING detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the XING component and associated with the respective XING account of the data subject. If the data subject clicks on the XING button integrated on our Internet site, e.g. the “Share”-button, then XING assigns this information to the personal XING user account of the data subject and stores the personal data.

XING receives information via the XING component that the data subject has visited our website, provided that the data subject is logged in at XING at the time of the call to our website. This occurs regardless of whether the person clicks on the XING component or not. If such a transmission of information to XING is not desirable for the data subject, then he or she can prevent this by logging off from their XING account before a call-up to our website is made.

The data protection provisions published by XING, which is available under https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by XING. In addition, XING has published privacy notices for the XING share button under https://www.xing.com/app/share?op=data_protection.

16. Data protection provisions about the application and use of YouTube

On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

17. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

18. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

19. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

20. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

21. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.

 

Original German legal notice created by impressum-generator.de by Franziska Hasselbach, lawyer, Bonn

General Terms and Conditions

 

Krampitz Communications
I. Scope

(1) The following General Terms and Conditions are valid for all contracts concluded, orders conducted, offers, deliveries, services and any other services between the Principal and Krampitz Communications, Dillenburger Str. 85, 51105 Cologne (hereinafter referred to as “Agency”). These General Terms and Conditions regulate the contractual relations between the Principal and the Agency and are considered to have been recognized upon an order being placed.

(2) The General Terms and Conditions of the Principal are not an integral part of the contract, even if no written objection is made. They are recognized as valid only when the Agency has agreed to them in writing.

(3) The General Terms and Conditions shall also then apply when the Agency carries out the order while being aware of conflicting terms and conditions.

(4) Even when not included, the General Terms and Conditions shall apply within the scope of an ongoing business relationship also for all future orders, services as well as other services of the Agency.

 

II. Subject Matter of the Contract and Entering into Contract

(1) General offers are without engagement and not binding.

(2)

An order for the Agency is considered to be placed when the Agency is given an order for the offer in written form, and/or the offer is confirmed in writing and/or the work was begun in mutual agreement. Throughout the entire contractual relationship a declaration made via e-mail shall always be deemed equally valid to the written form. Agreements made by telephone must be confirmed in writing. Insofar as the Agency sends the minutes of a meeting to the Principal, this document’s content is considered binding if the Principal does not reject it immediately.

(3) Quotations are only binding with reference to the definite scope of services at the time the offer has been accepted.

(4) A contract has been brought about if the order placed is accepted as referred to in Paragraph 2.

(5) The subject matter of the contract is subject to the relevant individual contractual agreements as well as to these General Terms and Conditions. There is no obligation to provide services going beyond this.

 

III. Services of the Agency

(1)

The Agency has the obligation to implement the contracted services according to the description of services of the Agency as well as within the scope of services specified in individual contracts. When implementing the contracted services, the Agency has complete creative freedom, insofar as the parties have not agreed to anything else in the framework of their written specifications. The Principal has to bear any additional costs that are incurred due to requested alterations and changes.

(2) There is expressly no obligation to hand over or return storage media, data or so-called “open files.” Insofar as such media are delivered to the Principal or, at its behest, to third parties by agreement, separate remuneration is due.

(3) The total services shall only be performed subject to the express reservation that the Agency’s proprietary rights and copyrights as well as the existing rights in these General Terms and Conditions are retained for the works, designs and concepts.

(4) Insofar as, on the basis of a separate agreement with reference to Paragraph 2, storage media, data or files are sent to the Principal, the Principal shall pay for such costs. The Principal covers the risks of transport. If originals and/or data with reference to this agreement are given to the Principal, these may not be changed unless otherwise agreed to by the parties or used beyond the purposes specifically agreed to.

(5) Production monitoring by the Agency shall not take place. Insofar as this is agreed to, the Agency is to be remunerated appropriately and can conduct production monitoring as it wishes.

 

IV. The Principal’s Duties of Cooperation

(1) The Principal is obliged to provide the Agency with all the information, materials and content in the appropriate form the Agency needs to carry out the agreement they have made.

The Principal is obliged to provide approvals, operating procedures and releases in due time such that the working processes of the Agency are not impeded. If the work flow of the Agency changes on the basis of the Principal not meeting its obligations to assist in due time, especially short-term requests for change or late information delivery, the Principal is obliged to cover the additional costs incurred for the Agency, e.g. work on Sundays, bank holidays or at night (after 9:00 p.m.).

(2) If the Principal recognises that its own information and requirements are incorrect, incomplete or not clear or cannot be implemented, it must communicate this and the recognizable consequences to the Agency immediately.

(3) The parties to the contract shall name contact persons for each other and their proxies, who are responsible for implementing the contractual content and/or are authorized to make decisions. The language of communication between the contact persons will be German. Additional costs incurred because contact persons are not available must be borne by the Principal. Insofar as communication with third parties becomes necessary in another language and subsidiaries and/or foreign branches of the Principal, the additional costs of this must be remunerated separately, subject to individual contractual regulation.

(4) The parties or their contact persons shall communicate at regular intervals on progress made and obstacles hindering performance of the contract.

(5) If it is necessary to convert materials provided as stated in Paragraph 1 or other technical measures in order to conduct the services of the Agency, the costs incurred must be borne by the Principal.

(6) Any content provided by the Principal shall observe any third-party industrial property rights as well as statutory regulations. The Principal releases the Agency from all third-party claims which can be asserted against the Agency due to violation of the rights of third parties, or arising from illegal behaviour or behaviour in breach of the contract by the Principal. Insofar as the Principal provides content that the owner has allowed it to use and disseminate, the Principal also grants the Agency the right to use this content in the same manner as the Principal.

(7) The Principal is required to check the content of the drafts, texts, conceptual work or other services delivered after they are completed and communicated by the Agency, and to subsequently approve them in writing (final acceptance). If such a final acceptance fails to occur, even at the Agency’s request and if the Principal does not respond to the request within 7 days, final acceptance will be considered as tacitly approved. If delivery deadlines are to be met, acceptance must take place without delay. If the work delivered or the data, files and other services made available by the Agency are used by the Principal, the actual use is also considered a tacit final approval. In addition, the Agency is entitled to submit individual parts of the services for partial acceptance at every stage of the work. The Principal must accept delivery if the components submitted correspond to the contractual services due.

 

V. Fees and Due Dates

(1) All services of the Agency are subject to charges, except if otherwise agreed to in express written form. The amount of the fee is determined according to the individual agreements reached. If no fee has been determined for a service, the price lists of the Agency currently in force at the time the order is placed shall be applied.

(2) Additional services must be remunerated separately.

(3) All prices quoted are net prices and subject to VAT.

(4) Expenses of the Agency, in particular for shipping and copying, are to be borne by the Principal upon submission of the receipts.

(5) Unless a separate agreement has been made, the remuneration to be paid consists of two steps. In a first step, the template is prepared and submitted for approval. A fee for the draft is charged. Use of the draft is still not allowed after the remuneration for work on the draft. In a second step, the rights of use are provided by the Agency within the specific stipulated scope. The utilisation fee shall be determined in accordance with the agreed scope. As a rule, an agreement on this is made beforehand. Uses going beyond the agreed scope have to be additionally remunerated regardless of any possible contractual penalty and/or claims for damages. Should a separate agreement on the provision of rights to use or on the draft fee fail to be made, normal remuneration shall apply.

(6) If the Principal wants to change the contractually determined scope of the services to be provided by the Agency while the Agency performs the work, the Principal must notify the Agency of this change request in written form. Insofar as a change is agreed upon, the time required to do the work must be remunerated in this case. In particular, time for examining the change request, creating a change proposal and any possible downtime periods shall be included in this. In the event that the parties have agreed on per diem rates, the work time shall be calculated accordingly and otherwise calculated according to the normal remuneration. The Agency must make special reference to this. The Principal can refrain from carrying out the requested changes. In this case, the original scope of services remains in force.

(7) The deadlines affected by the request for change will be postponed taking into account the time needed to check the request, the time needed for agreeing to the proposed change and, if necessary, the time needed for the requested changes which must be made.

(8) Third-party Services. To the extent third-party companies have to be commissioned within the scope of the implementation, the Agency is allowed to place orders in the name of, and for the account of the Principal. Insofar as the Agency itself enters into contracts for services performed by third parties in its own name within the context of conducting the order, the Principal is obliged to release the Agency from all claims made by third parties.

 

VI. Due Dates

(1) The entire remuneration is due when the drafts are delivered. Any additional costs incurred for payment transactions/instruction such as transfer fees must be borne by the Principal.

(2) The Agency is entitled to demand payments in advance. Thirty percent of the order volume is invoiced and due immediately after the order is made as a partial payment.

(3) Furthermore, the Agency is entitled to submit intermediate invoices after a partial service is performed and can be approved.

(4) After final approval, the remaining value of the contract (the fee for the draft and for use), the possible remuneration for additional services as well as other services are billed in the final invoice as in Section VII of these General Terms and Conditions.

(5) If the payment is late, the Agency can demand 8 percentage points’ interest above the relevant base interest rate of the German Bundesbank.

(6) The Agency is allowed to charge an appropriate fee (§315 BGB [German Civil Code]), as well as charge the Principal for any costs invoiced to the Agency by third parties in this context for special services not specified in this agreement rendered on behalf of the Principal or according to the basic principles of management without being commissioned to do so in the interest of the Principal, or which are based on behaviour or demands of the Principal not specified contractually, and which – as determined by circumstances – would only be expected as fee-based services.

(7) If not stated otherwise, invoices are payable within 10 days of the invoice date without deduction via bank transfer or crossed cheque. Failure to comply with the payment deadlines places the Principal in default even without a payment reminder.

(8) If the Principal does not meet its payment obligations punctually, the Agency can withdraw from the contract after setting a deadline with threat of refusal to provide service and/or the Agency can demand damages on account of non-fulfilment.

 

VII. Ancillary, Travel and Special Expenses

(1) Upon presentation of proof, the Principal shall bear all expenses necessary to carry out the order such as travel and accommodation expenses, expenses, and claims for payment from third parties incurring within the scope of contractual performance. This also includes expenses for travelling to the Principal’s company headquarters. If the Agency makes advance payments, these costs are to be reimbursed without delay, subject to any diverging agreement and by way of derogation from the other provisions stipulating due dates.

(2) Insofar as external companies are commissioned or their services have to be accompanied and supervised by the Agency within the scope of executing the order, the Agency is entitled to make an additional charge to the amount of 15 per cent. The basis for the extra charge is the net amount invoiced by the third-party company.

 

VIII. Cancellation/Termination

(1) If, without authority, the Principal changes, cancels or terminates an order already placed, the Principal has to remunerate the services of the Agency performed up to that point. For that portion of the services not yet provided, the Agency can invoice the fee agreed or anticipated less the expenditures not yet incurred. All costs and expenses incurred are to be reimbursed. Furthermore, the Agency shall be held harmless from claims made by third parties. This does not exclude the assertion of claims for further damages.

(2) For press mailings, cancellation is no longer possible after sending (e.g. mailing of press releases)

(3) Insofar as a contract encompasses the execution of regularly occurring services and an express time limit is not agreed upon, the order is considered to be placed for an unlimited period. In this case, the latest date on which either party may terminate the contract is the third day of a calendar month subject to a notice period ending at the end of the month after the next month.

 

IX. Deadlines

(1) Deadlines for the performance of services may solely be approved by Ms Iris Krampitz from the Agency.

(2) Binding deadlines must always be fixed in written form and designated as binding. The Agency’s obligations to deliver are fulfilled when the services to be performed are sent, for example, once press releases have been sent. Transmission risks (losses, etc.) are borne by the Principal.

(3) The Agency is not responsible for service delays due to acts of God, and such delays entitle it to extend the deadline for the affected services to be performed by the length of time of the impairment.

(4) Delays that result from the area of responsibility of the Principal (e.g. late provision of collaborative services, delays caused by third parties of the Principal, etc.) shall extend specified deadlines by an appropriate length and can lead to the Agency claiming remuneration insofar as damages arise, or costs are incurred. The Principal’s obligation to pay remains unaffected.

 

X.  Rights of Use

(1) The texts, concepts and works are regularly recurring creative works within the meaning of copyright law. Furthermore, the agreements listed below with respect to using the work performed by the Agency are valid as binding, regardless of existing copyright protection or other existing industrial property rights for all the services performed between the parties (inter partes).

(2) The rights of use pass over to the Principal only after complete payment has been made.

(3) With regard to the services performed, the Agency grants the customer the right to use the works according to the stipulated purpose and in this scope. If an express agreement has not been made, then that number of rights is considered granted as is required for the stipulated purpose. Unless otherwise agreed in writing, a simple right of use will be transferred in each case. This means in particular that, not only regarding the scope, the area of use, the duration of use, and the volume of use but also all other relevant uses, the works which would have, for example, had an influence on the amount of the usage fee may only be used for the agreed purpose. Any more extensive use requires the consent of the Agency and must be remunerated separately.

(4) The Principal is not allowed to transfer the rights of use without the consent of the Agency.

(5) The Principal is not allowed to change, imitate or use as templates the drafts, concepts and other works of the Agency – whether as originals or reproductions thereof – in either partial or complete form.

(6) For any reproduction, dissemination, marketing, exhibition, public performance or cases of their being made accessible to the public, the Agency is to be duly named as author in close proximity.

(7) All rights to drafts, templates, documents or other services that are presented during the phase leading up to entering into the contract or which were given to the Principal shall remain with the Agency. If the order is not placed, the drafts, templates and all documents handed over must be returned and any copies made thereof destroyed. Any use and/or passing on to third parties in identical or altered form is strictly forbidden. The Agency is entitled to an appropriate fee, unless otherwise stipulated contractually, which covers the actual expenditure the Agency makes as well as any third-party charges when participating in presentations/pitches or similar meetings. A presentation fee serves the described purpose only. This does not mean permission has been granted to use the services. Insofar as no contract is concluded, ideas and concepts may not be used. All rights belong exclusively to the Agency.

(8) If Clause X of this agreement constitutes a breach of the Agency’s rights, in addition to the fee for the draft and for use a contractual penalty totalling 100% of the remuneration owed is to be paid for each offence to the exclusion of the continuation of the offence.

 

XI. Liability

(1) The Agency assumes liability only for wilful misconduct and gross negligence. For ordinary negligence the Agency is only liable when a basic obligation of this agreement is violated as well as for damages resulting from the loss of life, limb or health.

(2) In the case of ordinary negligence, liability is limited to the extent of the foreseeable loss normally to be expected from such an occurrence.

(3) Once acceptance has taken place (partial and final acceptance), liability for all inaccuracies regarding for instance image, text, punctuation, etc. shall be ruled out. Any right to have subsequent defects rectified is null and void.

(4) The Principal is responsible for the contents placed at its disposal. This responsibility is based on the general laws and provisions, in particular the liability provisions of this agreement. The Principal releases the Agency from all obligations which third parties assert against the Agency on account of a violation of this responsibility of the Principal. Moreover, the Agency is allowed, in case of a violation of the obligations of the Principal, to prevent the use of the content, in accordance with the aforesaid clauses.

(5) No liability shall be accepted for inadequate services of subcontracted third parties. The Agency is obliged to relinquish to the Principal any rights against third parties arising from warranty claims.

 

XII. Competition and Confidentiality

(1) In the absence of individual contractual agreements to the contrary, the parties are allowed to conclude contracts for services with other agencies or principals at any time, even when they have the same content.

(2) The Agency will treat all company and trade secrets which come to its knowledge as strictly confidential. The Agency is obliged to impose the obligation of secrecy on all its employees and/or third parties who have access to the above-mentioned business processes.

(3) The Agency may name its customers on its website or in other media and connections as reference customers. Furthermore, the Agency may reproduce the services it has performed for purposes of public demonstration or refer to them, unless the Principal can prove a legitimate conflict of interest.

 

XIII. Sundry Provisions

(1) The right of retention can only be exercised due to counter-claims resulting from the respective contractual relationship.

(2) The contractual parties may only offset claims that have been legally established or are undisputed.

 

XIV.  Final Provisions

(1) Verbal supplementary agreements prior to conclusion of the contract are invalid. Amendments or addenda to this agreement or explanations designated in this agreement which require the written form must be made in writing; this is also the case for any waiver of the requirement that amendments or addenda be in writing. Termination of the contract must always be made in writing. Notifications which are to be made in writing may also be made by email. An email is considered received when it is shown as sent at the sender.

(2) Should individual provisions of these General Terms and Conditions prove to be wholly or partially unenforceable, or lose their validity due to a later circumstance, this shall not affect the validity of the remaining provisions. To replace ineffective provisions or fill in a gap, an appropriate provision shall be used which approximates as closely as possible that which the parties would have desired if they had thought of this point.

The same shall apply for any gaps in the agreement.

(3) Even if orders originate from outside Germany, German law shall apply, to the exclusion of the UN Convention on Sale of Goods. The place of jurisdiction for any disputes arising from this Agreement is the principle place of business of the Agency (Cologne, Germany). Insofar as a consumer is involved, the general place of jurisdiction shall apply.