We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Ad Portable GmbH. The use of the Internet pages of the Ad Portable GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Ad Portable GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.As the controller, the Ad Portable GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Ad Portable GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Ad Portable GmbH
4. Collection of general data and information
The website of the Ad Portable GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.When using these general data and information, the Ad Portable GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Ad Portable GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of the Ad Portable GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Ad Portable GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the Ad Portable GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Ad Portable GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Ad Portable GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the Ad Portable GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
10. Rights of the data subject
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Ad Portable GmbH, he or she may, at any time, contact any employee of the controller. An employee of Ad Portable GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Ad Portable GmbH will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Ad Portable GmbH, he or she may at any time contact any employee of the controller. The employee of the Ad Portable GmbH will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Ad Portable GmbH.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Ad Portable GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Ad Portable GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Ad Portable GmbH to the processing for direct marketing purposes, the Ad Portable GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Ad Portable GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Ad Portable GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Ad Portable GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Ad Portable GmbH.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Ad Portable GmbH.
11. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the "Like" button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
12. Data protection provisions about the application and use of Google AdSense
On this website, the controller has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles. The operating company of Google's AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
The purpose of Google's AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which serves Alphabet Inc., inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs.Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a data subject, and which links were clicked on by the data subject. Tracking pixels serve, inter alia, to analyze the flow of visitors on a website.Through Google AdSense, personal data and information—which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements—is transmitted to Alphabet Inc. in the United States of America. These personal data will be stored and processed in the United States of America. The Alphabet Inc. may disclose the collected personal data through this technical procedure to third parties.Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.
13. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
You can prevent the acquisition by Google Analytics by clicking on the link below. There is an opt- out cookie set that prevents the future collection of your information by visiting this website:
Deactivate Google AnalyticsFurther information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
14. Data protection provisions about the application and use of Google-AdWords
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
15. Data protection provisions about the application and use of Shariff
On this website, the controller has integrated the component of Shariff. The Shariff component provides social media buttons that are compliant with data protection. Shariff was developed for the German computer magazine c't and is published by GitHub, Inc.The developers of the component is GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, United States.Typically, the button solutions provided by the social networks already transmits personal data to the respective social network, when a user visits a website in which a social media button was integrated. By using the Shariff component, personal data is only transferred to social networks, when the visitor actively activates one of the social media buttons. Further information on the Shariff component may be found in the computer magazine c't under http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-ct-Shariff-ist-im-Usatz-2470103. Html provided. The use of the Shariff component is intended to protect the personal data of the visitors of our website and to enable us to integrate a button solution for social networks on this website.Further information and the applicable data protection provisions of GitHub are retrievable under https://help.github.com/articles/github-privacy-policy/.
16. Payment Method: Data protection provisions about the use of Klarna as a payment processor
On this website, the controller has integrated Klarna components. Klarna is an online payment service provider, which allows purchases on an account or a flexible installment payment. Klarna also offers other services, such as buyer protection and identity or creditworthiness checks.The operating company of Klarna is Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden.
If the data subject selects the "purchase on account" or "installment purchase" during the ordering process in our online shop as a payment option, the data of the data subject is automatically transmitted to Klarna. By selecting one of these payment options, the data subject agrees to this transmission of personal data required for the processing of the invoice or installment purchase, or identity and creditworthiness checks.
The personal data transmitted to Klarna is usually first name, surname, address, date of birth, sex, email address, IP address, telephone number, mobile phone number, as well as other data necessary for the processing of an invoice or installment purchase. The processing of the purchase contract also requires such personal data, which are in connection with the respective order. In particular, the exchange of payment information such as bank details, card number, date of validity and CVC code, cumulative number, item number, data on goods and services, prices and taxes, information on the previous purchase behavior or other details of the financial situation of the data subject. The purpose of the transmission of the data is, in particular, the identification check, payment administration, andfraud prevention. The controller shall provide Klarna with personal data, in particular, if a legitimate interest in the transmission exists. The personal data exchanged between Klarna and the data subject for the data processing shall be transmitted by Klarna to economic agencies. This transmission is intended for identity and creditworthiness checks.Klarna shall also pass on the personal data to affiliates (Klarna Group) and service providers or subcontractors as far as this is necessary to fulfill contractual obligations or to process the data in the order.Klarna collects and uses data and information on the previous payment behavior of the data subject as well as probability values for their behavior in the future (so-called scoring) in order to decide on the reasoning, implementation or termination of a contractual relationship. The calculation of scoring is carried out on the basis of scientifically-recognized mathematical-statistical methods.
The data subject is able to revoke the consent to the handling of personal data at any time from Klarna. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of Klarna may be retrieved under https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf.
17. Payment Method: Data protection provisions about the use of PayPal as a payment processor
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.If the data subject chooses "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
18. Payment Method: Data protection provisions about the use of Sofortüberweisung as a payment processor
On this website, the controller has integrated components of Sofortüberweisung. Sofortüberweisung is a payment service that allows cashless payment of products and services on the Internet. Sofortüberweisung is a technical procedure by which the online dealer immediately receives a payment confirmation. This enables a trader to deliver goods, services or downloads to the customer immediately after ordering.The operating company of Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.If the data subject chooses "immediate transfer" as the payment option in our online shop during the ordering process, the data of the data subject will be transmitted to Sofortüberweisung. By selecting this payment option, the data subject agrees to the transmission of personal data required for payment processing.In the case of purchase processing via direct transfer, the buyer sends the PIN and the TAN to Sofort GmbH. Sofortüberweisung then carries out a transfer to the online merchant after technical verification of the account status and retrieval of additional data to check the account assignment. The online trader is then automatically informed of the execution of the financial transaction.The personal data exchanged with Sofortüberweisung is the first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The transmission of the data is aimed at payment processing and fraud prevention. The controller shall immediately transfer other personal data, even if a legitimate interest in the transmission exists. The personal data exchanged between Sofortüberweisung and the controller shall be transmitted by Sofortüberweisung to economic credit agencies. This transmission is intended for identity and creditworthiness checks.Sofortüberweisung provides personal data to affiliated companies and service providers or subcontractors as far as this is necessary for the fulfillment of contractual obligations or data in order to be processed.The data subject has the possibility to revoke the consent to the handling of personal data at any time from Sofortüberweisung. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.The applicable data protection provisions of Sofortüberweisung may be retrieved under https://www.sofort.com/eng-DE/datenschutzerklaerung-sofort-gmbh/.
19. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
20. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
21. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
22. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
23. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Entry in the Commercial Register.
Register Court: Dresden
Sales tax identification number according to §27 a sales tax law: DE280122755
Liability for Content
We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.
According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
Liability for Links
Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.
At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.
The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.
Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
The general terms of business below form part of every contract between HOLYO, a trading name of Ad Portable GmbH, of Werner-Hartmann Straße 6, 01099 Dresden (hereafter, the “Supplier”) and its customers (the “Customer”) and their respective successors and assigns.
The Supplier provides its services exclusively on the basis of these general terms of business.
These general terms of business shall apply to all services offered by the Supplier. By accessing the services, the Customer accepts these general terms of business as valid, binding and applicable.
§2 Subject of the contract
The Supplier makes available to its customers, in exchange for payment, specific products from the computer gaming and telecommunications sectors. These products include without limitation prepaid codes for consoles, PC games, and voucher credit. Moreover, customers may acquire additional online gaming products against payment via the website.
Certain of the Supplier’s products may only be obtained by the Customer subsequent to a pre-existing registration. It is therefore a requirement, if the Customer is to receive such services, that the Customer has an existing and valid registration in accordance with the registration requirements specified during the order process.
To the extent that any data is not marked as optional, the Customer shall supply complete and accurate information in respect of all data required to complete the registration process.
The Supplier shall, upon successful completion of the registration process, make an account available to the Customer. Acquisition and management of products that are offered shall take place by means of this account, thereby leading to the formation of the user agreement between the parties. The user agreement represents a separate contract from that governing the acquisition of the products.
Each of the Customer and the Supplier may terminate the account at any time without notice and without giving a reason for such termination.
The Customer shall not assign or grant access to the account to any third party.
§4 Formation of the contract
The Supplier’s marketing material, including without limitation any brochures or advertisements, does not constitute a binding offer on the Party but is instead an invitation to treat.
The contract between the Supplier and the Customer is formed upon the customer making an offer and either of: a) Express acceptance by the Supplier in writing; or b) Acceptance on the part of the Supplier by performing the services requested by the Customer.
An order confirmation sent automatically to the customer in the form of an e-mail or an SMS does not represent contractually binding acceptance of the Customer’s offer. It serves solely as a notification that the Supplier has received the Customer’s offer.
Upon submission of an offer by the Customer, the Supplier shall be entitled to take steps to confirm the Customer’s identity and to verify all data supplied by the Customer during the registration process. The Supplier shall be entitled for this purpose to require the Customer to submit a copy of his or her personal identification documents and/or to contact the Customer by telephone.
§5 Allocation of costs upon cancellation
In the event that the Customer exercises the right of cancellation, the Customer shall be responsible for the ordinary costs of returning the goods, provided that the goods are as ordered, and the price of the goods to be returned does not exceed the sum of €50.00, or if, at the time of cancellation, a higher price has been agreed but no consideration or contractually agreed partial payment has been furnished.
§6 Payment terms and late payment
The prices listed in the Supplier’s distribution channels at the time the order is placed shall apply.
The purchase price shall become due immediately, without notice, upon formation of the contract. Payment of the purchase price may be effected, at the Customer’s option, by means of any of the payment methods offered to the Customer during the order process.
All prices are retail prices inclusive of all sales taxes.
§7 Retention of title
Until the purchase price has been paid in full and all requirements associated with the purchase have been met, all products sold remain the property of the Supplier.
The Supplier grants to the Customer are a bare license to use the products purchased by the Customer via the Supplier’s website. A bare licensee, within the meaning of § 31 II of the German Copyright Law (UrhG), is any person who receives from the originator of a work the right to transmit such work in an agreed manner, such licenses in respect of immaterial goods not being capable of assignment in accordance with § 9, para. 6.
The Customer may not make any use of the Supplier’s products for any commercial purpose. Any distribution or reproduction of the products is hereby expressly prohibited without prejudice to the Supplier’s other rights and remedies.
§9 Customer obligations
The Customer shall, in respect of all third parties, maintain the confidentiality and security of all personal access data relating to his or her account and/or the Supplier’s products.
The Customer shall refrain from removing or modifying any copyright notice or other reference to any intellectual property rights.
§10 Breach of obligation by the customer
The Customer shall be liable to compensate the Supplier in respect of all losses incurred by the Supplier as a result of any breach of any duty or obligation of the Customer arising under these general terms of business, including without limitation those arising under § 3 para. 1 and 5, § 9 para. 4 and § 10.
In the event that any third party brings any claim arising from any breach of any duty by the Customer, the Customer shall immediately indemnify the Seller upon request in respect of such claim. The Customer shall also be liable for all reasonable and necessary legal defense costs incurred by the Supplier, including all court and attorney’s fees. The customer shall also, in the event of any claim being brought by any other user or any third party, promptly, accurately and comprehensively provide the Supplier with all available information as may be necessary to evaluate and defend such claim. Any claim or remedy of the Supplier as against the Customer shall not thereby be prejudiced.
The obligations set out at paras 1 and 2 above shall not apply where the Customer is not responsible for the alleged infringement.
§11 Limits and exclusions of liability / Indemnities
Save in respect of death and personal injury, the Supplier shall only be liable for willful misconduct or gross negligence, or to the extent that its conduct otherwise amounts to a culpable breach of a material obligation under this Contract on the part of the Supplier, its employees, or subcontractors. This exclusion shall also apply in respect of loss or damage arising from any breach or alleged breach of duty in relation to contractual negotiations or as a result of any prohibited conduct. Accordingly, any liability for any damages thereby arising is hereby excluded.
Save in respect of liability for intentional or grossly negligent conduct, fundamental breach of contract or death or personal injury on the part of the Supplier, its employees or subcontractors, the Supplier’s liability shall be limited to the average amount of damages that would reasonably be foreseeable upon entering into a contract of this nature. This clause shall also apply to apply in respect of consequential losses, including without limitation loss of profit.
No liability or responsibility is assumed in respect of information or content that may be accessed from this website via any link.
The terms of all product liability legislation are not affected.
§12 Electronic communication
You agree that the contract-related communication may be in electronic form.
§13 Miscellaneous provisions and severability
The Supplier reserves the right, subject to any legal requirements, to modify the provisions of these general terms of business at any time and without giving a reason.
In the event that a Customer objects to such modification within the first four weeks of validity of the new general terms of business, the Supplier reserves the right to terminate the contractual relationship with the Customer.
Should any individual provision of this contract be invalid, the remaining provisions of the contract shall remain in full force and effect.
The parties agree that German law shall apply.
To the extent that the Customer deals as a business within the meaning of the German Commercial Code (HGB), the local court of the Supplier’s registered office is agreed to be the court of competent jurisdiction.
You may cancel this contract at any time within fourteen (14) days, without giving a reason, provided that you give notification in writing (e.g., a letter, fax, or e-mail) or, if goods are delivered to you before expiry of the cancellation period – by returning the goods. The cancellation period begins when you receive notification of your rights in writing but not before delivery of the goods to the recipient (and, in the case of repeated deliveries of similar goods, not before receipt of the first partial delivery) and in any event not before we have fulfilled our duty to inform you in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our obligations under § 312e Para. 1 Sentence 1 of the German Civil Code in conjunction with Article 246 § 3 EGBGB. Any cancellation notice or returned goods that are sent within the cancellation period will be deemed to meet the requirements of the cancellation period. § 312d Cancellation rights do not apply, except where agreed to the contrary, in respect of distance contracts in respect of (4) 2. The delivery of audio or video recordings or software where the Customer has broken the seal of any media delivered. Please note that exchange and cancellation rights do not apply to product codes and serial numbers once these have been used or activated or any seal has been broken. All cancellations should be addressed to:
Ad Portable GmbH
01099 Dresden Deutschland [email protected]To the cancellation formDownload the cancellation form
Consequences of cancellation
In the event of a valid cancellation, each side shall return to the other any benefits already received, including any advantage (such as interest) thereby obtained. In the event that you are unable to return the benefits you have received under the contract, or are only able to do return such benefits in a damaged or deteriorated state, you must compensate us accordingly. This shall not apply in respect of material goods where such deterioration or damage is solely attributable to your inspection of the goods in a manner similar to that which would be possible in a retail store. You are not required to compensate us in respect of any deterioration caused by the normal use of any products. Goods that may be sent as regular packages may be transported at our risk. You are responsible for the costs of transportation if the goods were delivered as ordered and the price of the goods to be returned does not exceed the sum of €40.00, or if, at the time of cancellation, a higher price has been agreed but no consideration or contractually agreed partial payment has been furnished. In all other circumstances, there is no cost to you for returning the goods. Items that cannot be sent as regular packages will be collected from you. Obligations to pay compensation must be fulfilled within fourteen (14) days. This period begins for you when you first notify us of your intention to cancel, or otherwise return the goods; for us, it begins when we receive the goods.
Nintendo eShop Fund code
The use of the Nintendo eShop Fund code is subject to the following terms. Please read them carefully before you decide to purchase the Nintendo eShop Fund code.
Use the Nintendo eShop Fund code to top up your Nintendo Points or Nintendo eShop funds.
To redeem the Nintendo eShop Fund code, you must have a European version of a Wii U™, Wii™, Nintendo DSi™, Nintendo DSi™ XL, Nintendo 3DS™ or Nintendo 3DS™ XL, a broadband wireless internet connection and register a shop account on the respective console (shop terms and conditions apply). Redemption is subject to the availability of the respective shop service. For more information on the applicable terms visit ms.nintendo-europe.com/terms/. For information on the Nintendo eShop Fund code, visit www.nintendo.eu.
can only be redeemed via a shop using the same currency as that used to purchase the code;
can only be redeemed once and at its full value; the value of the code cannot be split across different Nintendo consoles or between different shop accounts; and
cannot be exchanged, refunded or otherwise redeemed for cash.
In all cases, follow the on-screen instructions and enter the code carefully as directed.
These Terms and Conditions govern the rights and obligations of the parties joining the Earn with Friends Marketing Programme. This set of regulations constitutes the terms and conditions for the provision of electronic services.
The organizer of the marketing program and the owner and operator of the Site is AD PORTABLE GMBH with registered office at WERNER-HARTMANN-STRASSE 6, 01099 DRESDEN, incorporated under the number HRB 30756.
The Marketing program is limited to one account per household or legal entity as determined by HOLYO.COM.
These Terms and Conditions and the rules set out herein constitute a binding agreement between the User and HOLYO.COM.
The User hereby declares that he or she is at least eighteen (18) years (or has reached the legal age of majority which - in the light of the law of his or her country gives the User the right to enter into a legally binding contract), has full legal capacity and consents to the conditions set out in these Terms and Conditions. If the User acts on behalf of a legal entity – the User hereby asserts to HOLYO.COM that User is authorized to enter into commitments arising from the execution of this Agreement for and on behalf of such legal entity, and acceptance of these Terms and Conditions by such User shall be equivalent to acceptance by such legal entity.
HOLYO.COM does not allow and does not agree to any violation of the law or third parties rights by Users, in particular intellectual property rights, copyrights, personal data protection rules and principles of fair competition.
All texts, graphics, interactive features, logos, images, files, software and all other materials used by the Earn with Friends Site, except for those placed, transmitted, made available, published by Users, as well as the selection, organization, coordination, compilation of materials and the overall look of the Site are the intellectual property of HOLYO.COM. The said property is protected by copyright, design rights, patent rights, trademark rights and other legislation, including international conventions and ownership. All such rights are reserved by HOLYO.COM. All trademarks, brand and trade names are the property of HOLYO.COM. Without the express permission of HOLYO.COM, the User may not sell, distribute, copy, modify, reproduce, publicly display or transmit, publish, edit or adapt such elements, license them to other entities, build derivative works from, or use in any another manner.
HOLYO.COM is NOT an electronic money institution.
HOLYO.COM reserves the right to amend, change or modify these Terms and Conditions, which it may do at its sole discretion at any time by posting the amended Terms and Conditions on the Site. The User is therefore obligated to regularly check these Terms and Conditions, and any User that continues to use the Earn with Friends Marketing Programme after the posting of amended Terms and Conditions shall have been deemed to accept the amended Terms and Conditions. Unless provided otherwise, amended Terms and Conditions shall come into force automatically seven (7) days after their publication on the Site.
II. BASIC DEFINITIONS
If these Terms and Conditions do not contain a definition, any words spelled with a capital letter shall have the same meaning as in the Terms and Conditions published on www.holyo.com.
HOLYO.COM - owner and operator of the Site referred to in Section I, paragraph 2 above.
Site - a group of related websites that are hosted on the Internet from the address www.holyo.com/earnwithfriends.
General Site - a group of related websites that are hosted on the Internet from www.holyo.com address other than the address www.holyo.com/earnwithfriends.
User - any natural or legal person who makes use of the Site and any of its functions and that has registered on the Site.
Terms and Conditions – these Terms and Conditions which establish a set of rules for the use of the Site and the rights and obligations of Users and HOLYO.COM, which constitute a set of rules for the provision of electronic services.
General Terms and Conditions - a set of rules published at www.holyo.com including the rights and obligations of Users, Sellers and HOLYO.COM, which constitute a set of rules for the provision of electronic services.
The Earn with Friends Marketing Programme – an affiliate program set out in these Terms and Conditions, with which the Users can search for persons who may purchase the products or services offered through the General Site and earn benefits if such “reflinked” person decides to purchase.
Reflink - a special website address generated by the specific functionality of the Site, containing a unique identification of the User, serving as a tool for the User to invite new Users to take advantage of the services offered on the General Site. When clicking on the link, the reflinked person can see the offers of products or services offered on the General Site. The Reflink may refer either to the specific product or service offered through the General Site or to the General Site’s home page.
Reflinked Person – a person who clicked on the Reflink placed by the User and bought a product or service offered through the General Site. A reflinked person of the second or third relation level is a person who registered on the Site and has the status of a User.
The level of relation – Users are connected by a level of relation by Reflink Reflinked Persons and further reflinked persons. Level 1 - direct recommendation of the Reflinked Person made by the User himself.
(level 2 - the person recommended by the level 1 Reflinked Person, which was earlier recommended by User, level 3 - the person recommended by the level 2 Reflinked Person.)
III. EARN WITH FRIENDS MARKETING PROGRAMME
The Earn with Friends Marketing Programme is a system that allows Users to obtain financial benefits when a directly or further Reflinked Person s ( i.e. 1st, 2nd or 3rd level relation) purchases products or services through the General Site.
The Site allows Users to create Reflinks.
To obtain benefits through Earn with Friends, the User can place a User created Reflink assigned to their account in any viable place. A user must not send unsolicited email (so called spam) containing Reflinks, and must - before placing a Reflink - read the terms of any such sites and verify that Reflink placement does not violate any of the site rules.
Users that participate in Earn with Friends may receive financial benefits from said participation as a result of purchases of products or services, made by Reflinked persons of all levels of relations through the General Site or by persons reflinked by the reflinked persons within the scope indicated below. Any financial benefit received by User is gross remuneration including VAT if the activities for which remuneration is paid is subject to VAT for which User is solely responsible.
Each product or service offered through the General Site is labelled with information on the maximum amount of remuneration that may be obtained by a User if such product or service is purchased by a Reflinked Person. The amount is denominated in EUR or USD. The User acknowledges and agrees that some products and services, as determined by HOLYO.COM in its sole discretion, are not covered by the Earn with Friends Marketing Programme.
If a reflinked Person, of any level relation, of User utilizes the reflink of a different User (hereinafter “different User”) then User may cease to receive remuneration for said reflinked Person and future reflink remuneration and any new further Reflinked Persons shall be associated with different User according to the Terms and Conditions as set forth herein. The time periods indicated in paragraph 10 below do not reset by virtue of a reflinked Person moving from User to different User.
Regardless of the remuneration referred to in paragraph 6 above, the User will also receive remuneration for purchases made through referrals up to the third level. This means that the User receives remuneration for purchases made by the directly Reflinked Person (first level relation)., the reflinked person (second level relation) and the further reflinked persons (third level relation).
In order to receive the remuneration for purchases of products or services, it is necessary that persons of any relation level must pay the full price of any given product or service on General Site.
The process of calculating the amount of remuneration will be described in the specific country FAQs for the program. The program is established for 180 days. After 180 days the program will be determined for a User. For further questions the holyo.com support team will be available under [email protected]
User is not entitled to any remuneration if he or she has made any purchase through the Reflink assigned to the User’s account. HOLYO.COM may suspend a User's account for 12 months if a situation described in the preceding sentence occurs.
The benefits of the Earn with Friends Marketing Programme can be acquired by both Users registered on the Site and on the General Site who have purchased a product or service, as well as Users who are registered on the Site but only receive benefits from Earn with Friends by making purchases through Reflinks of the second and third level - without using other functionalities of the General Site and solely for the purpose of obtaining benefits from the Earn with Friends.
HOLYO.COM declares that the participation in the Earn with Friends Program is voluntary and the User is not required to make purchases of products and services offered on the Site nor is he obliged to Reflink any person, nor forced to take part in any other marketing activities.
HOLYO.COM is obligated to inform the User in clear and understandable manner on: a) the main characteristics of the service and the way of communicating with the User; b) the data identifying HOLYO.COM, in particular the name of the competent authority which has registered HOLYO.COM and its registration number; c) the address of HOLYO.COM, e-mail address and telephone number if available, at which HOLYO.COM may contacted by the User; d) address where complaints can be submitted (if it is different than set forth in point c) above);e) the total price or remuneration for the services including tax, as well as any costs associated with the freight, delivery, postal and any other charges, if it is impossible to assess the amount of these charges then to convey to User a duty to pay the aforementioned charges; f) costs for using a means of distance communication in order to execute the agreement it these costs are higher than costs usually used; g) the method and term of payment pursuant HOLYO Pay Terms and Conditions; h) the method and term of performance of the service by the Seller and on the Seller’s complaint handling policy; i) absence of a right of withdrawal in circumstances where the User loses the right of withdrawal; j) existence, terms and conditions and method of performance of warranty and aftersales services; k) minimum duration of Users’ commitments arising from the agreement; l) the functionality, including applicable technical protection measures, of the digital content; m) the relevant interoperability of digital content with hardware and software that the Seller is aware of or can reasonably be expected to have been aware of;
HOLYO.COM is obliged to provide the User with the confirmation of the contract execution, on a durable medium within a reasonable time after the execution of the contract. Such confirmation should contain information referred to in paragraph 15 of section III above unless the Seller has provided that information to the User on a durable medium prior to the execution of the distance contract.
The obligation referred to in paragraph 15 and 16 of section III above are binding for HOLYO.COM only for Users from the European Union being consumers and only in respect of contracts executed after the 1st April, 2021.
The User acknowledges and confirms that he/she is aware that HOLYO Balance functionalities shall be substantially limited to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or MENA.
Each registered User on the Site can see the amount of funds he or she has accumulated. This amount is recorded and stored on an individual virtual account of the User in Earn with Friends. All settlements, withdrawals and other functions in this virtual account are handled in accordance with the HOLYO Terms and Conditions located at the following location: https://www.holyo.com/de/en/terms.
Users are obliged to file and pay the tax generated by the remuneration received through Earn with Friends and the Site on their own behalf.
In a situation when the Reflinked Person or the reflinked person of the second or third relation level withdraws from the contract with HOLYO.COM or the Seller and requests a refund from HOLYO.COM and HOLYO.COM (or the Seller) will duly make such a refund, the User acknowledges and agrees that the amount shown on the technical account can be reduced by the sum that has been acquired in connection with the purchase of a product or service by the said person (or persons of any level of relation) HOLYO.COM [in relation to the profits associated with the purchase, for which price has been reimbursed], or may require the User to return funds equal to the sum which was acquired from the fact of the purchasing of products or services by the Reflinked Person (or persons of any level relation) [in relation to the profits associated with the purchase, for which price has been reimbursed].
Users, Reflinked Persons and reflinked persons of any level relation may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of money from HOLYO.COM or by the usage of Earn with Friends or engage in other activity holding HOLYO.COM as susceptible to losses, especially to undertake activities that would (or cause) obtain remuneration using Earn with Friends Marketing Programme in the absence of payment for the goods or services by the Reflinked Persons and reflinked persons of any level relation. Consequently, may not engage in activities that would necessitate HOLYO.COM (or sellers) to return these funds by HOLYO.COM to the purchasers of the goods or services. In particular, Users, Reflinked Persons and reflinked persons of any level relation cannot act, jointly or individually, contrary to the rules of social conduct, morality, principles of integrity, loyalty in business and fair competition. If a User engages in behavior specified in this paragraph, HOLYO.COM has the right to terminate the account agreement with immediate effect and stop all payments on its behalf.
The User is obliged to use the Site in a manner consistent with the provisions of the Terms and Conditions, the applicable law and morality and the principles of social conduct.
In the case of gaining knowledge by the User of a breach of these Terms and Conditions by another User or any other person, the User is obligated to immediately notify HOLYO.COM of this fact.
The User acknowledges and warrants that he or she has read the Terms and Conditions in its entirety, and accepts its provisions without reservation or exception. The User agrees to the processing of personal data, in particular those in electronic form containing the information necessary to transfer the funds accumulated. The data is processed for the purposes of the agreement between the User and HOLYO.COM related to the participation in Earn with Friends. The User has the right to access the content and the data and to correct or change them at any time. Providing personal data is voluntary, but necessary in order to participate in Earn with Friends and use the full functionality of the Site.
The technical condition for the use of the Site is to have a workstation with an operating system installed and access to the Internet and standard software needed to browse the web, including support for cookies (cookie files). The cookies (cookie files) are valid for 30 (thirty) calendar days.
To ensure the proper functioning of certain elements of the Site, the User may be required to enable the running of certain software like Java Script, Flash, etc.
The User shall exercise care in that a valid e-mail address is always assigned to his account on the Site.
The User is entitled to have only one account on the Site, which he or she can only use individually and excluding any third parties, in particular, the User may not share his or her password with any third parties or share the usage of the account with other persons.
The User bears sole responsibility for the security of his or her password and any use of the account after logging in with the said password. HOLYO.COM is not responsible for the use of the account, username or password or any transaction made as the result of an unauthorized entry. The User is solely responsible for the protection of data and information contained in the account or sent to the e-mail address designated by the User. HOLYO.COM is not to be held liable for any actions resulting from an unauthorized person accessing the account.
HOLYO.COM reserves the right to change or modify the remuneration specified for a given product or service sold on the General Site at any time.
Under Earn with Friends program it is forbidden to act by the User or any third party on behalf of the User such as:
creating, placing or using any keywords, search terms, or other identifiers (including title or meta description) which is identical, pretends or simulates HOLYO.COM’s ads (including such as the words “holyo”, or “holyo.com”, or any other trademark of HOLYO.COM or its affiliates) generated or displayed on a search engine, including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network;
creating, placing or using any method under which given person is redirected to General Site without his/her consent and/or taking any action in this regard, a redirection is performed for a person in unaware manner or Reflink is not properly formatted what cause that it cannot be correctly tracked or reported for HOLYO.COM;
any product or service was purchased by a Reflinked Person referred to the General Site by a link that sends a person indirectly to the Site via an intermediate site, without requiring the person to click on a link or take some other affirmative action on that intermediate site;
hiding Reflink on the website, by placing iframe scripts, using a redirect from the ad network or referral links;
placing on his/her site, displaying, or otherwise using special links or content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person prior to being downloaded or installed on their computer or other electronic device;
posting or serving any special links or other content promoting the General Site within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with User’s site promoting products or services closely associated with the materials on User’s site;
causing that website displays Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf and click-exchange programs.
creating, placing or using any Reflink on the website(s) corresponded or referred to: public sexuality, pornography, erotic, pedophilia or sexual deviation; (ii) obscene, indecent or profane behavior, (iii) torturous, defamatory, slanderous, libelous event, (iv) promotes racism, hatred or harm against any individual, religious, political, age specific, gender specific, or other group;
infringing of any applicable law, rules, regulations promulgated or adopted by any of countries, states and/or regions.
If HOLYO.COM believes that the User have engaged in any of above-mentioned activities, HOLYO.COM may take a number of actions to protect itself, its customers and others at any time in its sole discretion. The actions HOLYO.COM may take include, but are not limited to, the following:
terminate this User agreement and/or close or block the User’s account, and HOLYO.COM may refuse to provide its services to the User in the future;
limit the User’s access to General Site and Site, software, systems (including any networks and servers used to provide any of HOLYO.COM’s services) operated by HOLYO.COM or on its behalf, the User account or any of its services, including limiting the User’s ability to pay or send money with any of the payment methods linked to the User account, restricting the User’s ability to send money or make withdrawals;
hold the User’s balance for up to 90 days if reasonably needed to protect against the risk of liability. Prior termination of this User agreement and/or suspend or close the User’s account due to the reasons stipulated in this section, HOLYO.COM is entitled to inform the User in this regard via email or pop-up presented on the User’s account.
In case of violation of the law or these Terms and Conditions, any accumulated financial benefits under the Earn with Friends program by the User will not be paid out to him/her.
The User is responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by HOLYO.COM, any HOLYO.COM customer, or a third party caused by or arising out of the User’s breach of this agreement, and/or the User’s use of the HOLYO.COM services. The User agrees to reimburse HOLYO.COM, any HOLYO.COM customer, or a third party for any and all such liability.
VI. USER' STATEMENTS
The User agrees that he or she will not:
engage in any activity detrimental to the good name or reputation of HOLYO.COM or which may have a negative impact on Earn with Friends, or the products and services sold through the General Site;
take any action against the law, morality, rules of social conduct or act in any other way that would be detrimental to the interests of HOLYO.COM including advertising for any competitor as determined by HOLYO.COM;
violate the provisions of the HOLYO Terms;
provide false or misleading information;
illegally attempt to obtain, or obtain, benefits of participation in Earn with Friends or resulting in unfair obtaining of funds during the course of the contractual relationship between the User and HOLYO.COM;
send to other Users unsolicited commercial communications, especially spam;
impersonate anyone or other entity whether actually existing or fictitious, falsely claim to be connected or have business relation with any person or entity, or access the accounts of other Users;
use Earn with Friends, the Site, and the account for any other purpose other than the use of the services as offered by HOLYO.COM or related to the agreement, or attempt to bypass or disable any security protocols;
defame, harass, insult, cheat, threaten other Users, collect or attempt to collect other User personal data or personal information to disclose to third parties without their express written consent;
modify, adapt, translate or create derivative works of the Site, or its individual components, Terms and Conditions, etc., or any part thereof;
in any way willfully obstruct the operation of the Site and Earn with Friends or interfere with other Users in the use of it, in particular to place or distribute viruses or other malicious software such as adware, spyware, etc;
interfere or attempt to interfere with the operations of the Site or any activities performed by using the Site and Friend get Friend;
undertake actions to acquire the passwords of other Users, including attempts to guess passwords, infer them in any way or intercept them by the usage of any form of software;
make the account or any of its functionalities available to third parties for a fee or any form of payment; and/or
participate in Earn with Friends to take actions related to money laundering or activities posing any risk for HOLYO.COM being accused of using Earn with Friends for money laundering.
The Users consent to receive commercial information on the Site, the General Site and Earn with Friends from HOLYO.COM, to the e-mail address provided during the registration on the Site. The User may, at any time, revoke his or her consent.
The User accepts the Terms and Conditions and agrees that his nickname will be visible to other users of the Site.
Any User that engages in, or attempts to engage in conduct that breaches any of the above enumerated User Statements found above, violates the HOLYO Terms, engages in conduct detrimental to HOLYO.COM or HOLYO.COM’s interests, as determined solely by HOLYO.COM, may have his Earn with Friends account suspended or terminated including any right to future Earn with Friends proceeds.
Any User account that is suspended shall not accrue additional funds and may be restored to full functionality solely at HOLYO.COM’s discretion.
To the extent permitted by law HOLYO.COM shall not be liable for and does not guarantee:
that any User will receive any minimum remuneration;
against any damage arising from viruses, Trojans, etc., which can be transmitted to the Site or through it by third parties, including Users (including Users to Users transmissions);
consequences of the account being accessed by third parties, especially if this was due to reasons attributable to the User, in particular, as a result of a User making their password available to a third party; and/or
all actions and their consequences resulting from the breach of these Terms and Conditions or giving false information by the User or by the submission of false or misleading verification data and warranties referred to in these Terms and Conditions.
VIII. TERMINATION OF THE AGREEMENT
Both the User and HOLYO.COM have the right to terminate the agreement.
The termination of the agreement as initiated by HOLYO.COM involves the removal of the User's account and blocking the User’s access to the Site. Deleting the account or blocking access to the Site may take place 14 days after sending of an e-mail to the User containing information on the termination/blocking of access. However, in case of gross violation of the Terms and Conditions of the agreement, HOLYO.COM can terminate the agreement immediately by instantly deleting the account and/or blocking the access to the Site. By gross violation of the said Terms and conditions HOLYO.COM means, in particular, the submission of false or incomplete data as referred to in section V, paragraph 6, section VI, or breach of the provisions of section I, paragraph 5, section III and section IV. The terms of paragraph 3 below, the last sentence shall apply accordingly.
The User may withdraw from the agreement within 14 days from the date the agreement was executed. HOLYO.COM shall immediately provide the User, in a durable medium, with acknowledgment of receipt of the notice of withdrawal. Notwithstanding the foregoing, the User may terminate the agreement at any time. The termination of the agreement is followed by the removal of the User account. The User may at any time request, via e-mail, to have his account deleted by HOLYO.COM. In the said case HOLYO.COM will delete the account, no later than 3 days from the date of receiving such request from the User. After the expiry of this period the agreement is terminated. If the conditions set out in these Terms and Conditions are met, the User who has not transferred the funds stored on the account loses them irrevocably. This provision does not apply to consumers - in this case, the amounts accrued are valid to the date of the expiration / termination of the agreement and can be transferred to a User's bank account within 14 days from the date of expiration/termination of the agreement.
IX. FINAL PROVISIONS
The User hereby consents to and agrees that HOLYO.COM may transfer the rights and obligations arising from the agreement between HOLYO.COM and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by HOLYO.COM.
All communication with the administration of the Site should be done via email, using the email address: [email protected]
All comments concerning any violation of these Terms and Conditions by any User may be notified with HOLYO.COM via email to the e-mail address: [email protected]
The User has the right to submit complaints concerning the services provided by HOLYO.COM through the Site. Complaints should be submitted in an electronic form to the e-mail address: [email protected] Any answers to the complaints will be sent to the email address from which the User sent the complaint or to any other e-mail address specified by the User.
Any provisions which may prove to be invalid or unenforceable shall not affect the validity of the remaining provisions. Ineffective or invalid provisions shall be replaced by valid terms that most closely match the economic purpose, the intention of the parties and the purpose of the replaced provisions which were found ineffective or invalid.
Should any inaccuracies arise in the Terms and Conditions due to their translation into any language other than English, the English version of the Terms and Conditions shall prevail.
The last amendment of the Terms and Conditions came into force on day 09th of April 2020.