Terms and Conditions

General terms and conditions

Proprietor: Nikolaj Gaus
Address:  Obertriesch 15a, 34628 Wasenberg, Germany
Mail: info@aquahaus-gaus.de
Phone: 06691-9667302
VAT ID No: DE260654710
Item No.: 042 820 30152

§1 General
Consumers within the meaning of § 13 BGB are natural persons who conclude a legal transaction for a purpose which cannot be attributed to their commercial or professional activity.

Entrepreneurs within the meaning of § 14 BGB are natural or legal persons or a partnership with legal capacity who act in the exercise of their commercial or professional activity when concluding a legal transaction.

§2 Reservation of title
The delivered goods remain the property of Aquahaus-Gaus until full payment has been made.

§3 Scope of application
Our general terms and conditions apply to all business relations between Aquahaus-Gaus and the buyer as agreed.

§4 Liability and Contents
We are always anxious to keep our web presence up to date. However, no guarantee can be given for the correctness, completeness and topicality of the contents.
As a service provider we are responsible according to § 6 Abs.1 MDStV and § 8 Abs.1 TDG for own contents on these sides after the general laws. However, we are not obliged to monitor the external information transmitted or stored by them and to search for circumstances that indicate illegal activity. As soon as we become aware of such infringements, these contents will be removed immediately.

§5 Copyright
The copyright for published objects created by the author himself remains solely with the operator/author of the website. Any duplication or use of objects such as photographs, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement. All brands and trademarks protected by third parties are subject without restriction to the provisions of the respective valid owner.
The contents and works on this website created by the website operator are subject to German copyright law.

§6 Links and banners
Hereby I dissociate myself expressly from all contents of all linked sides on my web page, undersides included. This declaration applies to all links placed on my website and to all contents of the pages to which links or banners lead. For all links and banners published on my homepage applies: no influence on the design and content of linked pages!

§7 Conclusion of contract
The presentation of the online shop of Aquahaus-Gaus is not an offer in the sense of §§ 145 ff. BGB (German Civil Code). The customer makes a binding purchase offer by clicking on "Buy" in the online shop. Aquahaus-Gaus is entitled to accept the order by delivery of the goods or by notification of an order confirmation. Acceptance is subject to the availability of the goods. Errors and prior sale possible. The prices of the order date are valid as they can be viewed in the online shop at www.Aquahaus-Gaus.de .

§8 Prices and payment
All prices in the online shop are inclusive of statutory VAT.
Deliveries to Switzerland and/or third countries are export deliveries and therefore tax-free. The resulting costs such as customs duties and taxes shall be borne by the buyer.
Prices on site may vary slightly.
Payment is made in advance.
If payment is made in advance, the buyer undertakes to pay the purchase price immediately after conclusion of the contract.
If the goods are delivered prematurely, the buyer is obliged to pay the amount immediately.
If the buyer is in default of payment, he shall be responsible for any negligence during this period. Interest shall be charged on the purchase price during the period of default. The default interest rate for the year is 5 percentage points above the base interest rate.

§9 Delivery
Delivery is made by sending the goods to the address provided by the buyer (no islands, only mainland). Live animals will only be shipped by agreement with the buyer. If the delivery turns out that the delivery address is wrong, a lump sum of 20€ will be charged for the determination of the correct address and the return journey of the shipping company.
Accessories and food will be shipped on the following day, but no later than 5 working days after receipt of payment. Exceptions are holidays as well as Saturday and Sunday.

§10 Transport damages
After acknowledgement of the faultless delivery, by your signature or by a third party (neighbour), the transport insurance of the forwarder is no longer liable. Therefore, pay attention to possible transport damages!
Obvious damage to the package must be reported immediately to the responsible transport company/delivery agent and to us - Aquahaus-Gaus.

Translated with www.DeepL.com/Translator

§11 Default of acceptance
If the customer does not ensure acceptance of the delivery, he shall be in default of acceptance and shall bear the resulting costs (return transport, special trip, etc.).

§12 Fish dispatch
Delivery of live animals takes place after agreed delivery date with the buyer to the address indicated by him (only mainland. No island delivery).
Delivery of live animals takes place via a specialized transport company whose choice remains reserved to us. The regulation for the protection of animals during transport applies to the dispatch of live animals.
Shipping from Monday to Wednesday. Delivery always takes place the day after (e.g. day of dispatch is Monday - day of delivery is Tuesday) between 8 am and 2 pm. EU until 17 o'clock depending on region.
More exact time cannot be indicated unfortunately. In case of force majeure there may be delays in delivery. It may take up to 2 days abroad for the fish to arrive, it is not a problem for the fish, they have enough oxygen. If it is the case that the fish are travelling for two days, you should be at home at they`re arrival.
The recipient has to accept the parcel/box with the live animals on the day of arrival in any case.
If the buyer does not ensure the acceptance of the package, he is in default of acceptance (see §11) and has to bear the resulting costs.
Illustrations on the "Stocklist" partly show parent animals which are not for sale. The pictures are for comparison only. The buyer is aware that the fishes to be sold are live animals which can deviate from the illustration/description as in form so also in size and color. Deviations up to +/- 1cm are permissible. Healed injuries do not constitute defects. The desired male / female ratio is delivered under reservation / availability. We reserve the right to supplement missing females with males (of the same species) or vice versa. It is not excluded that an alleged female animal later develops into a male animal or vice versa. There is no right to exchange live animals.
We expressly draw your attention to the fact that the shipment of fish is at the buyer's own risk and we do not offer any guarantee for live animals and also bear no liability for water equalisation/consequential damage.

§13 Exclusion of liability for consequential damages
We expressly draw your attention to the fact that we accept no liability for consequential damage (such as heating rods, pumps, filter material, feed, fish etc.). No claim for damages due to personal injury, material damage or financial loss from activities or services with regard to the use of products purchased by the customer via Aquahaus-Gaus.de. This also applies to personal injury, property damage and financial loss resulting from or caused by these products.

§14 Warranty
The statutory warranty claims apply from the date of delivery of the goods.
If the delivered goods are defective upon delivery/delivery, the customer has the choice of whether the subsequent performance by repair or replacement delivery.
We expressly point out to you that we offer no guarantee for live animals and bear no liability for consequential damage!

§15 Shipping costs / return shipment
We charge a flat rate for shipping. See under "Shipping costs".
We expressly reserve the right to choose the shipping company.
If live animals are returned, the buyer must bear the costs for the night express and animal-friendly packaging.

Cancellation policy

right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

In order to exercise your right of revocation, you must

Aquahaus-Gaus
Nikolaj Gaus
Obertriesch 15a
34628 Wasenberg
Tel: 06691-9667302

Mail: info@aquahaus-gaus.de

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may complete and submit the sample revocation form (which is not mandatory) or other unambiguous statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the recall

If you revoke this Agreement, we shall repay to you all payments we have received from you, including delivery charges (other than the cost of overnight express delivery of fish), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you. We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.

You shall bear the direct costs of returning the goods.

End of the cancellation policy

§16 Place of performance and jurisdiction
The place of jurisdiction for all legal disputes arising from the contractual relationship with Aquahaus-Gaus is the place of business of the seller. German law applies as agreed.

§17 Data protection
privacy statement

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer you to the definitions in Art. 4 of the Data Protection Basic Regulation (DSGVO).


 
person in charge

Aquahaus-Gaus
Owner Nikolaj Gaus
Obertriesch 15a
34628 Wasenberg
Tel: 06691-9667302

Mail: info@aquahaus-gaus.de

VAT ID No: DE260654710
Types of data processed:

- Inventory data (for example, names, addresses).
- Contact data (e.g., e-mail, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects

Visitors and users of the online offer (hereinafter referred to collectively as "users").
Purpose of processing

- Provision of the online offer, its functions and contents.
- Answering contact requests and communicating with users.
- Security measures.
- Range measurement/Marketing
Terms used

"personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable.

"processing" means any operation carried out with or without the aid of automated processes, or set of operations, involving personal data. The term is broad and covers practically every handling of data.

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

"Profiling" means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

The "controller" 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.

"processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Applicable legal bases

In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
Security measures

In accordance with Art. 32 DSGVO, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.


Measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, access to, inputting, disclosure, securing and separation of data. In addition, we have established procedures to ensure the exercise of data subjects' rights, deletion of data and reaction to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 DSGVO).
Cooperation with contract processors and third parties

Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO is necessary for the performance of the contract), if you have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. DSGVO. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects

You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.

You have accordingly. In accordance with Art. 16 DSGVO, you have the right to request the completion of data concerning you or the rectification of incorrect data concerning you.

Pursuant to Art. 17 DSGVO, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted pursuant to Art. 18 DSGVO.

You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties.

Pursuant to Art. 77 DSGVO, you also have the right to file a complaint with the competent supervisory authority.
Right of withdrawal

You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.
right of objection

You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. In particular, you may object to the processing of your data for the purposes of direct marketing.
Cookies and right of objection in the case of direct advertising

 

Cookies" are small files that are stored on the user's computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user's visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also be stored in such a cookie. Third party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter's cookies, they are referred to as "first party cookies").

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of your browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ . In addition, cookies can be saved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.
Deletion of data

The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.

According to legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (German Commercial Code) (commercial letters).

In accordance with legal requirements in Austria, the documents are kept in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Order processing in the online shop and customer account

We process the data of our customers within the framework of the order processes in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

To the processed data belong inventory data, communication data, contract data, payment data and to the persons affected by the processing belong our customers, interested parties and other business partners. Processing is carried out for the purpose of providing contractual services within the framework of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping basket and permanent cookies to store the login status.

Processing takes place on the basis of Art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as necessary is required for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the statutory permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request upon delivery or payment).

Users can optionally create a user account, in particular by viewing their orders. Within the scope of registration, the required mandatory information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to its retention for commercial or tax reasons pursuant to Art. 6 para. 1 lit. c DSGVO. Data in the customer account shall remain until it is deleted with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract in the event of termination.

Within the scope of registration and renewed registrations as well as use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. These data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation pursuant to Art. 6 para. 1 lit. c DSGVO.

The deletion takes place after expiration of legal warranty and comparable obligations, the necessity of the retention of data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiration (end of commercial (6 years) and tax (10 years) retention obligation).
External payment service providers

We use external payment service providers, through whose platforms the users and we can carry out payment transactions (e.g., in each case with link to the data protection declaration, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html).

Within the framework of the performance of contracts, we shall appoint payment service providers on the basis of Art. 6 para. 1 lit. b. DSGVO. In addition, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f. DSGVO in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sum and recipient details. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account- or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the general terms and conditions and data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection notices of the respective payment service providers apply, which can be accessed within the respective websites or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other rights affected.
Administration, Financial Accounting, Office Organization, Contact Management

We process data in the context of administrative tasks as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the scope of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data specified in these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information on suppliers, organisers and other business partners, e.g. for the purpose of establishing contact at a later date. This data, which is mainly company-related, is stored permanently.
Business analyses and market research

In order to run our business economically, to be able to recognise market trends, wishes of our contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc., in order to identify the most suitable and appropriate solutions for your needs. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online services.

The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g. on the services they make use of. The analyses serve us to increase the user friendliness, the optimization of our offer and the business economy. The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with summarized values.

If these analyses or profiles are person-related, they will be deleted or anonymised upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Registration function

Users can create a user account. Within the scope of registration, the required mandatory data will be communicated to the users and processed on the basis of Art. 6 Para. 1 lit. b DSGVO for the purpose of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purposes of using the user account and its purpose.

Users may be informed by e-mail of information relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a statutory retention obligation. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

When using our registration and login functions as well as the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A passing on of these data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to Art. 6 para. 1 lit. c. DSGVO. The IP addresses will be anonymized or deleted after 7 days at the latest.
How to contact us

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details are used to process the contact enquiry and to process it in accordance with Art. 6 Para. 1 lit. b. of the German Data Protection Act. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) DSGVO processed... The user data can be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.

We will delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Newsletter

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "newsletter") only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.

Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the Versanddienstleister are logged.

Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name in the newsletter for the purpose of addressing you personally.

The dispatch of the newsletter and the performance measurement associated with it are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. DSGVO in connection with § 7 Abs. 3 UWG.

The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f DSGVO. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and furthermore allows us to provide evidence of consent.

Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to provide evidence of a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Hosting and e-mail dispatch

The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO in connection with Art. 28 DSGVO (conclusion of an order processing contract).
Collection of access data and log files

We, and/or our Hostinganbieter, raise on basis of our entitled interests in the sense of the art. 6 Abs. 1 lit. f. DSGVO collects data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify abuse or fraud actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
Online presences in social media

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services.

We would like to point out that user data may be processed outside the European Union. This can result in risks for users, as it could, for example, make it more difficult to enforce the rights of users. With regard to US providers that are certified under the Privacy Shield, we would like to point out that by doing so they commit themselves to comply with EU data protection standards.

In addition, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user's computer in which the user's usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (in particular if the users are members of the respective platforms and are logged in to them).

The processing of the personal data of the users takes place on the basis of our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 Para. 1 letter f. DSGVO. If the users are asked by the respective providers for their consent to data processing (i.e. declare their consent e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

For a detailed description of the respective processing operations and the opt-out options, please refer to the following linked information provided by the providers.

Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and give information. Should you nevertheless need help, you can contact us.

- Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active=a2zt0000000GnywAAC&status=Active.

- Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) - Privacy Statement: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://policies.google.com/privacy=a2zt000000001L5AAI&status=Active.

- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) - Privacy Statement / Opt-Out: http://instagram.com/about/legal/privacy/

- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Statement: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active=a2zt0000000TORzAAO&status=Active.

- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) - Privacy Statement / Opt-Out: https://about.pinterest.com/de/privacy-policy

- LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - Privacy Statement https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active=a2zt0000000L0UZAA0&status=Active.

- Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) - Privacy Statement / Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung

- Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) - Privacy Statement / Opt-Out: https://wakelet.com/privacy.html

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

 

§18 Severability clause
If individual parts or provisions of these GTC are invalid, this shall not affect the validity of the remaining GTC. Errors excepted.

Link to the OS platform: http://ec.europa.eu/consumers/odr - Our mail address: info@aquahaus-gaus.de

 

                                                            

Wasenberg, 15.04.2020