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TERMS OF SERVICE and PRIVACY NOTICE

Last updated July 1, 2024

1. Preamble and Applicability

1.1. These General Terms and Conditions ("Terms," "GTC") govern the relationship between the Awescode GmbH ("EasyWeek," "us," "we," or "our"), Hördtweg, 65, 40470, Düsseldorf, Germany, registered at Dusseldorf, HRB 80278, on the one hand, and business Customers on the other hand as a fundamental part of any agreement between you and EasyWeek as well as any user registered on either easyweek.io, easyweek.de, easyweek.com.ua, or my.easyweek.io. We offer certain SaaS-based Services provided on any EasyWeek Services application (the "Service" and/or "Performance") operated by EasyWeek.

EasyWeek – Easy-to-Use Online Bookings Marketplace & Appointments Software. EasyWeek makes appointments easy for customers and helps service providers grow sales.

1.2. Your access to and use of the Services is conditioned on your acceptance of and compliance with these GTCs. These GTCs apply to all visitors, users, partners, and others who access or use present and future Services and Performances. By accessing or using our provided Services and Performances and clicking the "I accept" button or other mechanisms provided, you agree to be bound by these terms. Please read these GTCs carefully before using Services provided by EasyWeek. If you disagree with these terms or any parts of it, you may not access or use the Service.

1.3. Thank you for choosing to be part of our community at Awescode GmbH, doing business as EasyWeek ("EasyWeek," "we," "us," "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices regarding your personal information, please contact us at [email protected].

When you visit our websites https://easyweek.io, https://easyweek.de, https://easyweek.com.ua, https://my.easyweek.io, https://widget.easyweek.io, https://widget.easyweek.de, https://widget.easyweek.com.ua, https://eyw.me (the "Website"), use our mobile application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take the time to read it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App) and any related services, sales, marketing, or events.
Please read this privacy notice carefully, as it will help you understand what we do with our collected information.

2. Definitions

"Account" means one registered user with a unique e-mail address or Single-Sign-On (SSO). In one account, you can create or belong to multiple spaces for your projects and invite other accounts to such spaces using their Account Identification. "Account identification" means a unique identification to one specific account (system generated ID or Single-Sign-On-ID or e-mail-address solely.

"App" means an application that extends the functionality of EasyWeek by providing a custom interface extension in different places within the EasyWeek Services and Performances made available to you by EasyWeek or third parties.

"Integrations and Apps" means our platform offering Apps from EasyWeek or third-parties.

"Billing cycle" means the period covered by one invoice of EasyWeek to the customer.

"Customer content" is the content that is released, made available, or transmitted by the Customer to EasyWeek in connection with the use of the Services and Performances.

"Help center" means instructions, either printed or digital, online help files, technical documentation, and user guides to use the Service and Performances of EasyWeek.

"Order form" means the document containing the commercial details of the agreement between the parties.

"Registration" means the full process of a Customer giving necessary information about his identity and confirmation as requested during the Account creation process on an EasyWeek application.

"Self-service-subscription" means a subscription made by Customers subscribing to EasyWeek’s Services via EasyWeek self-service checkout (my.easyweek.io).

"Services and Performances" or "EasyWeek Services" means the SaaS-based content management system (including the EasyWeek APIs and documentation) along with updates or upgrades provided by EasyWeek.

"Spaces" means a content repository with its own components, data sources, assets, environments, domains, accounts, and permissions.

"Subscription" means using EasyWeek’s Services via a recurring payment period with automatic renewal.

"Third-Party App" means an app created by a registered partner of EasyWeek without any connection to or liability of EasyWeek.

"User" means any person using EasyWeek Services registered on either easyweek.io, easyweek.de, easyweek.com.ua or my.easyweek.io.

3. Account Registration & Customer Responsibilities

3.1. After the Customer has read and accepted the GTC, the Customer can register for an EasyWeek account to use all of EasyWeek's Services and Performances and App Store. It is necessary to provide all the data requested in the signup mask. That contains a valid e-mail address and password to create an account with us. The Customer must keep the e-mail address valid while using EasyWeek's Services.

3.2. After the Customer provides the data and clicks "sign up," we will confirm receipt of the Customer's registration by an automatically generated e-mail. We accept the registration in a separate e-mail or by granting the Customer access to the EasyWeek Services.

3.3. Simultaneous with access to our Services, the Customer will receive a fixed term, worldwide, nonexclusive, royalty free (upon full payment of subscription fees), and non-transferable license to use the EasyWeek Services, solely to perform those functions defined in the documentation, and subject to all limitations and restrictions contained herein. The EasyWeek Services may only be used with a valid account. Such account may not be shared across multiple users.

3.4. The Customer is responsible for safeguarding the password and/or all access data to use and access the account and/or for any activities or actions related to the account. The Customer agrees not to disclose or share the password. The Customer must notify us immediately of any suspicion or upon becoming aware of any breach of security or unauthorized use or access of the account.

3.5. The Customer is solely responsible for

A. the use of EasyWeek Services and Performances through the account, whether or not authorized;

B. for compliance with data protection obligations;

C. the accuracy, legality and integrity of the Customer content;

D. not violating applicable law, including but not limited to intellectual property rights, unfair competition rights and personal rights of third-parties;

E. following the instructions provided by EasyWeek;

F. backing up any data and information used in conjunction with the Services and Performances and

G. using the current version of the APIs or SDKs (read 9.5).

3.6. The Customer is prohibited from acting as a reseller for EasyWeek. Each EasyWeek space is used for a project in and for the Customer and/or subsidiary or affiliated companies.

3.7. In case (even without Customer’s fault) of infringement or use of the EasyWeek Services contrary to any terms or any contract concluded between Customer and EasyWeek or applicable law EasyWeek reserves the right to immediately, without prior notice, suspend such account and/or space(s) and/or Customer’s access to the EasyWeek Services.

4. Conclusion of Contracts

4.1. Offers from EasyWeek are non-binding insofar as not explicitly designated as binding.

4.2. A contract can only be concluded in a legally effective manner by an explicitly stated order form.

4.3. Information provided by our staff, on our website or in any marketing material, as well as Customer's requests for proposals, specifications mails or any other documents are non-binding and shall only become content of any contract insofar as the order form explicitly refers to it. Any terms that are not mentioned by the order form are to be hold as null and void.

4.4. In case of purchase or subscription of a third-party App any contractual obligations are set between Customer and app-provider while EasyWeek is only acting as agent.

5. Subscription – Prices/Fees – Changes – Refund

5.1. Contract/subscription period shall be as indicated in the order form. That order form will provide the Customer with a specific period of coverage; the period agreed shall constitute the term, and the Customer shall be contractually obligated to pay the subscription fees set out in the order form. Prices mutually agreed upon and set in the order form are binding for the agreed contract period.

5.2. If not agreed otherwise, any contract or subscription shall automatically renew for successive terms equal to the term in the order form unless Customer notifies EasyWeek in writing ([email protected]) of Customer’s intent not to renew at least thirty (30) days before the expiration of the then-current term. If the Customer fails to do so, the subscription or contract period will automatically renew under the exact same conditions (notwithstanding applicable clause 5.4). Such renewal shall constitute a consecutive contract period.

5.3. Customer shall provide EasyWeek with accurate and complete billing information, including company name, contact person's full name, address, state, zip code, country, telephone number, mail address, VAT (or equivalent)-number. Incorrect or incomplete information can lead to an additional effort for EasyWeek, which will be charged to the Customer.

5.4. All prices indicated are non-binding and exclusive of VAT unless otherwise stated. EasyWeek may modify the subscription fees at its sole discretion and at any time. Any changes will become effective at the end of the then-current contract period; modified prices will be charged beginning with the consecutive contract period. Except expressly agreed, renewal prices will not be adjusted based on promotional or one-time priced subscriptions but on EasyWeek standard applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term's per-unit pricing.

5.5. EasyWeek will charge subscription fees, additional usage fees, and other fees or prices outlined in the order form or based on the Customer's actual EasyWeek Services usage.

5.6. Prices for third-party Apps are set solely by the App provider.

5.7. The free trial period lasts 14 days from the moment of signing up to the system. After the end of the trial period, the Client must choose a free plan or a paid subscription. The paid subscription period can be 1 month, 3 months, six months, a year.

5.8. By choosing a paid subscription, you consent to allow EasyWeek to charge your payment method, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is canceled or terminated.

Account deletion/ subscription cancelation / removing a payment method

5.9. You can cancel your subscription and delete your account anytime within the EasyWeek account due to the instruction in the Help Center (https://support.easyweek.io/hc/articles/8834085965457). Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access EasyWeek and you will not be entitled to a refund of any fees you've paid.

5.10. If you cancel your subscription and switch to a free plan, the transition is carried out immediately, the balance is returned to the balance, and only the functionality of the free plan remains.

5.11. The payment method cannot be removed from your account while the subscription is active. Customer service also cannot remove a payment method while your subscription is active. To remove your payment method, please contact support chat, ensuring that your subscription is inactive beforehand.

Billing date

5.12. Payment for the monthly subscription plan is made on the day of its activation, before the upcoming month. This payment date will be applied monthly, and the corresponding amount will be charged for the upcoming billing period.

Changing plans

5.13. You can switch to a more advanced plan the moment you select it. You will be able to use the new features immediately. It is immediately deducted, minus the balance of the previous plan, in proportion to the remaining days. On the next payment date, the full cost of the month of the new plan will be deducted.

5.14. If you downgrade before the end of the paid period, the balance is returned to the balance, and the conditions of the new plan are activated immediately.

5.15. If you switch to an annual subscription, the new plan will be activated when you switch. The subscription period begins on the date you first paid for any plan. For example, if you paid for a month on June 20, 2022, and decide to switch to an annual plan on June 30, your annual subscription period will run from June 20, 2022, through June 20, 2023.

Non-payment

5.16. Your account will be blocked in case of non-payment until the payment comes. When the payment is received, a new billing period will begin, and the payment date will be shifted accordingly.

EasyWeek refund policy

5.17. If you find a purchase on your card or other payment method that you didn't make, report unauthorized charges in the support chat within 24 hours of the transaction.

5.18. All paid subscription fees are non-refundable.

5.19. The cost of an annual subscription is not refundable, even in case of partial use.

5.20. If you complain about EasyWeek through your bank, bypassing our technical support, and if the funds are forced back and EasyWeek receives a fine, we have to add such customers to our blacklist. If you want to come back and use EasyWeek in the future, you will have to cover the fees associated with that bank charge.

6. Payment

6.1. Payment is made according to the order form. In general, and if not otherwise agreed, our invoices are due for payment annually in advance, free of charges and other deductions, and payments must be made within thirty days (30) of the invoice date. Transfers are deemed to be paid only upon receipt of the money in EasyWeek's bank account.

6.2. All prices are understood without any applicable taxes; the Customer is obliged to pay the taxes stated on the invoice and is not entitled to withhold any taxes from amounts due. EasyWeek will not be responsible for any taxes based on the Customer’s net income or taxes imposed on the Customer arising from any consumption of goods and Services. EasyWeek will not be responsible for any other taxes, assessments, duties, permits, tariffs, fees, or other charges. EasyWeek reserves the right to contest the determination of taxes by the tax authorities.

6.3. In case of Customer default on payment, we are entitled to choose to seek compensation for the actual damage incurred or for the default interest rate. The default interest rate lies at 9.2% per annum over the base interest rate on the marginal lending facility determined by the ECB, but not less than 8%. The Customer undertakes to reimburse any costs of dunning and collection agencies incurred in the case of Customer default on payment insofar as necessary for the appropriate legal actions.

6.4. In case of Customer default on a payment, we shall be entitled to demand immediate payment of any outstanding bills for accrued Services and Performances (even if so far not yet due) and/or to require advance payment or appropriate security for future EasyWeek Services. Any Customer’s counterclaim can only be set off as long as such counterclaim is neither contested nor recognized by declaratory judgment.

6.5. If you are in delay of payment or if the use of the Services and Performances exceeds the prepaid amounts, EasyWeek is additionally entitled to suspend your account with a 14 days prior notice. Other rights and remedies are expressly reserved. EasyWeek is not liable for any damage, losses, losses of data or profits or any other negative impacts that may occur due to a suspension according to this provision.

7. Self Service

7.1. EasyWeek Services may be available via self-service. Customers who are subscribing to EasyWeek's Services via EasyWeek self-service checkout (my.easyweek.io) are considered self-service Customers. Section 7 is applicable to such self-service Customers only. If one of the rules stipulated in this Section 7 contradicts any other part of this GTC, this section will prevail over the relevant GTC part.

7.2. A contract will be legally effective and binding with the Customer’s first successful subscription fee payment. Customer will be billed in advance on a recurring and periodic basis ("billing cycle"). Billing cycles depend on the type of subscription plan the Customer selects when purchasing a subscription.

7.3. The Customer will have the option to select a specific or unspecific period of coverage; upon selecting such period of coverage, the period selected shall constitute the billing cycle, and the Customer shall be contractually obligated to pay the subscription fees set out in the subscription process.

7.4. Any timely specified subscription period shall automatically renew for successive terms equal to the term in the subscription process unless Customer cancels the subscription’s renewal via the self-service platform at least thirty (30) days prior to the expiration of the then-current billing cycle. If the Customer fails to do so, the subscription or contract period will automatically renew under the exact same conditions.

7.5. A valid payment method, including a credit card, is required to process the payment for the Customer’s subscription. Customer shall provide EasyWeek with accurate and complete billing information, including company name, the contact person's full name, address, state, zip code, country, telephone number, mail address, VAT (or equivalent)-number, and valid payment method information. By submitting such payment information, the Customer automatically authorizes EasyWeek to charge all subscription fees incurred through his/her account to any such payment methods. Incorrect or incomplete information can lead to an additional effort for EasyWeek, which will be charged to the Customer.

7.6. Should automatic billing fail to occur for any reason, EasyWeek will issue an electronic invoice indicating that Customer must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period indicated on the invoice.

7.7. EasyWeek, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle; adjusted prices will be charged beginning with the consecutive billing cycle. The Customer's continued use of EasyWeek Services after the subscription fee change comes into effect constitutes the Customer's agreement to the modified subscription fee.

7.8. In deviation to sec 9.3., EasyWeek will provide its Services and Performances with the best possible availability of about ninety-five (95) percent uptime annual average.

7.9. Customer grants EasyWeek a right, free of charge, to use Customer as a reference on the website, in other online or print media, and on any (social) media platforms. EasyWeek may use corporate names (as part or in whole), logos, trademarks, and similar for advertising and/or marketing purposes. EasyWeek may issue a press release announcing Customers' selection of the service. The text of the press release will be subject to EasyWeek’s own discretion.

7.10. If Customer has agreed to use EasyWeek Services for an indefinite period, each contracting party is entitled to terminate the contract in writing at the end of each billing period, which is chosen and agreed upon by Customer. Any termination of Services and Performances and/or Customer's account may be terminated within the provided options as mentioned above through the account and respective management tools.

7.11. EasyWeek reserves the right, at EasyWeek's sole discretion, to modify or replace these GTCs at any time. If a revision is material, we will try to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

7.12. By continuing to access or use our Service after those revisions become effective, the Customer agrees to be bound by the revised terms. If the Customer does not agree to the new terms, the Customer should stop using the Service.

8. Free Trial

8.1. EasyWeek may, at its sole discretion, offer a subscription with a free trial for a limited period of time.

8.2. The Customer may be required to enter the Customer billing information to sign up for the free trial. If the Customer does enter the billing information when signing up for the free trial, the Customer will not be charged by EasyWeek until the free trial has expired. On the last day of the free trial period, unless the Customer cancels the subscription, the Customer will be automatically charged the applicable subscription fees for the type of subscription the Customer has selected.

8.3. At any time and without notice, EasyWeek reserves the right to (i) modify the terms and conditions of the free trial offer or (ii) cancel such free trial offer anytime.

8.4. The Customer acknowledges that their data can be deleted anytime and assumes responsibility for any data backup. EasyWeek assumes no liability for any damage caused by (even partial) loss of data or information.

8.5. For free trials EasyWeek will not be liable for any damages. EasyWeek does not warrant any specific results of any kind whatsoever or any Performance. EasyWeek does not warrant that the Services as part of the free plan are free from bugs or flaws.

9. Services and Performances

9.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of Performance. EasyWeek does not warrant that the Services and Performances or Apps are compatible with the soft- or hardware and IT-environment used by the Customer.

9.2. EasyWeek provides the Services and Performances in accordance with the order form. EasyWeek is providing the Services and Performances diligent and with adequate care.

9.3. EasyWeek will make the EasyWeek Services available to the Customer with a best possible availability of ninety nine point nine (99,9) percent uptime annual average, and grants a non-exclusive right to access the EasyWeek Services.

9.4. EasyWeek is entitled to partially or completely suspend the Service if the security of EasyWeek or the security of a Customer is at risk. EasyWeek will immediately inform the Customer of such measures. This does not give any right to any claims against EasyWeek.

9.5. Even though EasyWeek avoids changes to the EasyWeek APIs or EasyWeek Services that are not backward compatible, EasyWeek may change, deprecate or republish EasyWeek APIs for any EasyWeek Services or Performances. EasyWeek will send a notification prior to a take-down of an existing API version at least thirty (30) days in advance. It is the sole responsibility of the Customer to update their software applications or websites.

9.6. Only if the modification to be made by an update is commercially unreasonable for the Customer, they are entitled to a right of termination in accordance with sec 14 (termination). The Customer waives all claims for compensation and other claims in this respect.

10.1. EasyWeek respects the intellectual property rights of others. EasyWeek warrants that with any of its Services and/or Performances (in parts or in whole) no intellectual property of any third-party is infringed. EasyWeek indemnifies and holds Customer harmless (including costs and attorney-fees) against any actual or threatened claim, loss, liability or similar in case Customer is threatened by a third-party due to any copyright infringement caused by EasyWeek.

10.2. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person. The Customer is solely responsible for the legality of the contents stored and/or used by him. EasyWeek has no duties of care, protection or warning in this respect. Therefore, the Customer guarantees to have all corresponding rights to the content stored and/or used by him and indemnifies and holds EasyWeek harmless (including costs and attorney-fees) against any actual or threatened claim, loss, liability or similar in this respect.

10.3. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service of EasyWeek, you must submit your notice in writing to the attention of "Copyright Infringement" to [email protected] and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorney-fees) for misstatements that any content is infringing your copyright.

11. Intellectual Property of EasyWeek Services

11.1. The EasyWeek Services, as well as the documentation and its original content, features, and functionality, are and will remain the exclusive property of EasyWeek or its licensors.

11.2. The EasyWeek Services, trademarks, trade names, service marks, and logos are legally protected, whether or not registered. EasyWeek trademarks and property rights may not be used in connection with any product or Service without the prior written consent of EasyWeek. In particular, the Customer is not permitted to license, publish, rent, make available to others via networks, or in any other way offer the Service, even with single elements. The Customer is also prohibited from decompiling the EasyWeek Services offered.

11.3. Customer grants EasyWeek a non-exclusive, free, and, within the framework of the agreement, unlimited right of use for the duration of the contract to use the Customer’s contents; this is restricted to the purpose of the proper fulfillment of the Services.

12. References

12.1. Customer grants EasyWeek a right to name Customer as a reference on EasyWeek's website and online (social)- or print media.

12.2. Customer grants EasyWeek a right to use any corporate names, logos, trademarks, and similar for advertising and marketing purposes – without deviation and within Customer’s brand guidelines. It is EasyWeek's obligation to request and ensure fulfillment of the Customer’s brand guidelines. If Customer has identified deviations from its guidelines, Customer will inform and request EasyWeek to correct the deviation within one week.

12.3. EasyWeek may issue a press release announcing the Customer's Service selection. The text of the press release will be subject to the Customer's prior written approval and not to be unreasonably withheld or delayed.

13.1. Our Services may contain links to third-party websites or Services not owned or controlled by EasyWeek. Therefore, EasyWeek has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or Services.

13.2. The Customer further acknowledges and agrees that EasyWeek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or Services available on or through any such websites or Services.

13.3. We strongly advise the Customer to read the terms and conditions and privacy policies of any third-party website that the Customer visits.

14. Termination

14.1. The agreement and the use of EasyWeek Services terminates with the last day of the agreed term if not otherwise agreed (eg automatic renewal).

14.2. Both contracting parties are entitled to terminate the contract and the use of EasyWeek Services at any time with immediate effect and without any liability if the other contract partner does not comply with the agreement in an essential point of the contract despite being requested to refrain from doing so or observing it by setting a reasonable grace period.

a. An important reason for EasyWeek, in particular, is that if Customer breaches any major provision of the contract or these terms (e.g., breach of any provision of 3.5.) and fails to fix such breach within fourteen (14) days after written notification and request to do so.

b. An important reason for Customer is if EasyWeek breaches any major provision of the contract or these terms (e.g., breach of any provision of 1 or 9.2.) and fails to fix such breach within fourteen (14) days after written notification and request to do so.

14.3. In case the termination following 14.2.a) affects a period covered by pre-paid fees, the termination will be effective immediately; no pre-paid fee whatsoever will be refunded. In both cases, (14.2.a) and 14.2.b)) any consumption-based fees will be charged and calculated according to the actual usage. Calculations will be made monthly.

14.4. Upon termination, the Customer's right to use the Services and Performances will cease and all fees become due immediately. The Customer shall immediately stop using the Services and Performances. Following termination, any use of the Services by the Customer shall be an infringement and/or misappropriation of EasyWeek's proprietary rights.

14.5. After the legally effective termination of the contract, EasyWeek will irrevocably delete the Customer content within a grace period of thirty (30) days and any legal time limitations. EasyWeek will not be liable for any data loss.

15. Warranties

15.1. We are a Service provider, and our Services and Performances correspond to the prevailing state of the art, we provide our Services to the best of our ability.

15.2. EasyWeek does expressly not owe any commercial success whatsoever of the Service. EasyWeek makes no warranties or guarantees regarding the Service’s suitability for any particular purpose. EasyWeek does not warrant that the Service will always be uninterrupted, error-free, or fully functional.

15.3. EasyWeek is not liable for downtimes or breakdowns due to maintenance, software updates and due to circumstances (such as technical problems of third-parties and higher forces) that are beyond EasyWeek's control. Minor technical changes are deemed approved in advance.

15.4 EasyWeek shall not be liable to the Customer for any damages, any loss of revenue, profit, information, or savings arising out of the use or inability to use EasyWeek, services, including in the event of prior notice by the Customer of the possibility of such damages, or for any claim by a third party.

15.5. The warranty is furthermore limited to reproducible defects. Compensation claims are excluded if incompatibilities arise with the Customer due to technologically reasonable changes in the Service.

15.6. Damages resulting from instructions not issued by EasyWeek, insufficient equipment, non-compliance with installation requirements and terms of use, incorrect use and application of unsuitable software or other materials, or any issue from the Customer's sphere are excluded from the warranty.

15.7. If failures or errors occur, the Customer shall immediately provide a detailed and written notification describing the error. If the Customer fails to do so, he may no longer assert any claims under warranty. EasyWeek will try to fix errors and bugs as soon as we learn.

15.8. The existence of errors and defects must always be proven by the Customer.

15.9. EasyWeek may access Customer's spaces in order to debug the EasyWeek Services and Performances.

15.10. It is in EasyWeek’s full interest that any Services or Apps provided by third-parties via EasyWeek are working with the same highest quality EasyWeek's Customers expect. Nevertheless, EasyWeek cannot guarantee such quality or Performance. More than that, EasyWeek will not be liable for any third-party app in any way.

16. Liability

16.1. EasyWeek shall only be liable for compensation for damage caused by it, its directors, employees, partners, agents, suppliers, or affiliates, in connection with the Services and Performances, only in the event that such damage was caused by gross negligence or intent.

16.2. Should EasyWeek be liable for any reason whatsoever, the compensation in total is limited to the agreed subscription fee for the then-current billing cycle at the damage-incurring event but will not berofessional Services or consumption-based usage (e. calculated on pg. traffic).

16.3. In no event and under no circumstances shall EasyWeek, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

16.4. EasyWeek shall not be liable to the Customer for any delay or failure of EasyWeek to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of EasyWeek. Such causes shall include, but are not limited to, acts of god, floods, fires, loss of electricity or other utilities, consequences of epidemic or pandemic crisis, or delays by Customer in providing required resources or support or performing any other requirements hereunder.

16.5. The aggrieved Customer must prove the existence of gross negligence or intent.

16.6. Claims for damages are subject to a limitation period of one year from the date of Customer's knowledge of the damage.

17. Confidentiality and Data Protection

17.1. Both parties are obliged to treat data, information, and documents received in connection with the use of the Services as confidential and are obliged to maintain secrecy.

17.2. Both parties are obliged to comply with the provisions of the General Data Protection Regulation (GDPR).

17.3. If the Customer gains knowledge or had the opportunity to gain knowledge of a Distributed-Denial-of-Service attack (DDoS), which is for the Customer recognizably overloadable to the system of EasyWeek and/or enables the possibility of potential data theft, the Customer omits anything that could cause financial losses or data leaks. If Customer had knowledge of such attacks and would have been able to prevent them, Customer is to be held accountable for any arising damage that allocated to his mishandling.

17.4. Customer confirms knowledge and full applicability of as well the data protection agreement (insofar it concerns the Customer) and EasyWeek's privacy policy, both readable in this article.

18. Applicable Law and Jurisdiction

18.1. Place of Performance is Dusseldorf (Germany).

18.2. These GTC shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

18.3. It is hereby agreed, that the court with subject matter jurisdiction at the registered seat of EasyWeek shall have exclusive jurisdiction as legal venue.

19. Miscellaneous

19.1. Customer has full knowledge of all circumstances concerning the Service. Customer is aware of its true value. Contestation of the contract due to error or anylause (e.g., lesion enormou other avoidance or adjustment cs) is expressly excluded between the contracting parties.

19.2. Any non-enforcement of any right or provision of these terms will not be considered a waiver of those rights.

19.3. Should any provision of these GTCs be legally ineffective, invalid, and/or null and void or become so in its term, this shall be without prejudice to the legal effectiveness and the validity of the other provisions. In such case the invalid and legally ineffective provision shall be replaced by one which is legally effective and valid and corresponds to the provision replaced – insofar possible and legally admissible.

19.4. These terms supersede and replace any prior agreements. Agreements or arrangements that diverge from our GTC require EasyWeek's written confirmation. In the event of a conflict between these GTCs and the order. r document, the order form takes precedence over the form or any other, and the GTC takes precedence over any other document.

20. Privacy Notice

21. What Information Do We Collect

Personal information you disclose to us

In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services when you participate in activities on the Services (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.
The personal information we collect depends on the context of your interactions with us and the Services, your choices, and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names, phone numbers, email addresses, mailing addresses, job titles, passwords, contact or authentication data, billing addresses, debit/credit card numbers, and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number) and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.
Social Media Login Data. We may allow you to register with us using your existing social media account details, like your Facebook, Twitter, or other social media accounts. If you choose to register this way, we will collect the Information described in the section "HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.
All personal information you provide must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services, which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages, and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).

  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

  • Location Data. We collect location data, such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note, however, that if you opt out, you may not be able to use certain aspects of the Services.

  • IP Address

Information collected through our App

In Short: We collect information regarding your geo-location, mobile device, and push notifications when you use our App.
If you use our App, we also collect the following information:

  • Geo-Location Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. You may do so in your device's settings if you wish to change our access or permissions.

  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, location, and other features. You may do so in your device's settings if you wish to change our access or permissions.

  • Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our App you accessed.

  • Push Notifications. We may request to send you push notifications regarding your account or certain App features. If you wish to opt-out from receiving these communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

22. How Do We Use Your Information

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
In legal terms, we are generally the "data controller" under European data protection laws since we determine the means and/or purposes of the data processing we perform. However, if you are a business customer with whom we have entered into a data processing agreement for the provision of corporate services to you, then you would be the "data controller" and we would be the "data processor" under European data protection laws since we would be processing data on your behalf in accordance with your instructions.
We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.

  • To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.

  • Request feedback. We may use your information to request feedback and to contact you about your use of our Services.

  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

  • To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).

  • To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).

  • Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

  • For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

23. Will Your Information Be Shared With Anyone

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share the data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.

  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit or use the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

  • Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and made publicly available outside the Services in perpetuity. If you interact with other users of our Services and register for our Services through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users can view your activity's descriptions, communicate with you within our Services, and view your profile.

24. Who Will Your Information Be Shared With

In Short: We only share information with the following third parties.
We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

  • Advertising, Direct Marketing, and Lead Generation

    Bing Ads, Yandex Direct, Google Ads, Facebook Ads and Instagram Ads

  • Cloud Computing Services

    Google Cloud Platform

  • Communicate and Chat with Users

    Crisp.chat and intercom

  • Content Optimization

    Google Site Search and YouTube video embed

  • Data Backup and Security

    Digitalocean

  • Invoice and Billing

    Stripe

  • Retargeting Platforms

    Google Ads Remarketing and Facebook Custom Audience

  • Social Media Sharing and Advertising

    Facebook advertising

  • User Account Registration and Authentication

    Google Sign-In and Apple Sign-In

  • User Commenting and Forums

    Google Tag Manager

  • Web and Mobile Analytics

    Google Analytics and Segment

  • Website Performance Monitoring

    Sentry

25. Do We Use Cookies And Other Tracking Technologies

In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Our Cookie Notice sets out specific information about how we use such technologies and how you can refuse certain cookies.

26. Do We Use Google Maps

In Short: Yes, we use Google Maps to provide better service.
This Website or App uses Google Maps APIs subject to Google’s Terms of Service. You may find the Google Maps APIs Terms of Service on Google's website. To find out more about Google's Privacy Policy, please refer to Google's website. We obtain and store your location on your device ('cache'). You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

27. How Do We Handle Your Social Logins

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Services allow you to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned but will often include your name, email address, friends list, profile picture, and other information you choose to make public on such social media platforms.
We will use the information we receive only for the purposes described in this privacy notice or otherwise made clear to you on the relevant Services. Please note that we do not control and are not responsible for other uses of your personal information by your third-party social media provider. We recommend reviewing their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

28. Is Your Information Transferred Internationally

In Short: We may transfer, store, and process your information in countries other than yours.
Our servers are located in Germany, the United Kingdom, and the United States. If you are accessing our Services from outside Germany, the United Kingdom, and the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in United States, Germany, and other countries.
If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will, however, take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

29. What Is Our Stance On Third-Party Websites

In Short: We are not responsible for the safety of any information you share with third-party providers who advertise but are not affiliated with our Website.
The Services may contain advertisements from third parties not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for any third parties' content or privacy and security practices and policies, including other websites, services or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.

30. How Long Do We Keep Your Information

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than six (6) months past the start of idle period of the user's account.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

31. How Do We Keep Your Information Safe

In Short: We aim to protect your personal information through organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

32. Do We Collect Information From Minors

In Short: We do not knowingly collect data from or market to children under 18.
We do not knowingly solicit data from or market to children under 18. By using the Services, you represent that you are at least 18 or the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to delete such data from our records promptly. If you become aware of any data we may have collected from children under the age of 18, please contact us at [email protected].

33. What Are Your Privacy Rights

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at [email protected]. Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Log in to your account settings and update your user account.

  • Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

  • Contact us using the contact information provided.

  • Access your account settings and update your preferences.

  • Unsubscribe at any time via email.

34. Controls For Do-Not-Track Features

Most web browsers, mobile operating systems, and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference and not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized at this stage. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

35. Do California Residents Have Specific Privacy Rights

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.). CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

  • Category

  • Examples

  • Collected

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name

YES

B. Personal information categories listed in the California Customer Records statute

Name, contact information, education, employment, employment history and financial information

YES

C. Protected classification characteristics under California or federal law

Gender and date of birth

YES

D. Commercial information

Transaction information, purchase history, financial details and payment information

NO

E. Biometric information

Fingerprints and voiceprints

NO

F. Internet or other similar network activity

Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements

YES

G. Geolocation data

Device location

YES

H. Audio, electronic, visual, thermal, olfactory, or similar information

Images and audio, video or call recordings created in connection with our business activities

NO

I. Professional or employment-related information

Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us

NO

J. Education Information

Student records and directory information

NO

K. Inferences drawn from other personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels;

  • Participation in customer surveys or contests; and

  • Facilitation in the delivery of our Services and to respond to your inquiries.

36. How Do We Use And Share Your Personal Information?

More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at [email protected] or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
The current list of our service providers can be found in below.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.
Awescode GmbH has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

  • Category A. Identifiers, such as contact details, like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.

  • Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.

  • Category C. Characteristics of protected classifications under California or federal law, such as gender or date of birth.

  • Category F. Internet or other electronic network activity information, such as browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements.

  • Category G. Geolocation data, such as device location.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHO WILL YOUR INFORMATION BE SHARED WITH?".

37. Your Rights With Respect To Your Personal Data

Right to request deletion of the data – Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed – Request to know
Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;

  • the categories of personal information that we collect;

  • the purposes for which the collected personal information is used;

  • whether we sell your personal information to third parties;

  • the categories of personal information that we sold or disclosed for a business purpose;

  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

  • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process:

Upon receiving your request, we will need to verify your identity to determine you are the same person with whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use the personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information we have maintained, we may request that you provide additional information to verify your identity and for security or fraud prevention purposes. We will delete such additionally provided information as soon as we verify you.

Other privacy rights

  • You may object to the processing of your personal data.

  • You may request correction of your personal data if it is incorrect or no longer relevant or ask to restrict the processing of the data.

  • You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent who does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

  • You may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the request submission date.

To exercise these rights, you can contact us by email at [email protected] or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

38. Do We Make Updates To This Notice

In Short: Yes, we will update this notice to comply with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date, and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

39. How Can You Contact Us About This Notice

If you have questions or comments about this notice, you may email us at [email protected] or by post to:
Awescode GmbH, Hördtweg, 65, 40470, Düsseldorf, Germany.
If you are a resident in the European Economic Area, the "data controller" of your personal information is Awescode GmbH. Awescode GmbH has appointed Awescode GmbH to be its representative in the EEA. You can contact them directly regarding the processing of your information by Awescode GmbH, by email at [email protected], by visiting http://www.awescode.de, by phone at +49211 97532711, or by post to: Awescode GmbH, Hördtweg, 65, 40470, Düsseldorf, Germany.

40. How Can You Review, Update, Or Delete The Data We Collect From You

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit [email protected]. We will respond to your request within 30 days.

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