Privacy policy & data protection

Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this app. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this app

Who is the responsible party for the recording of data on this app (i.e., the “controller”)?

The data on this app is processed by the operator of the app, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your app visit. This data comprises primarily technical information (e.g. operating system, or time the App was accessed). This information is recorded automatically when you access this app.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the app. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this app. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

 

 

2. Hosting

External Hosting

This app is hosted by an external service provider (host). Personal data collected on this app are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, app access, and other data generated through an app.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host:

Microsoft Ireland Operations, Ltd.
One Microsoft Place
South County Business Park
Leopardstown
Dublin 18, D18 P521, Ireland

3. General information and mandatory information

Data protection

The operators of this app and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this app, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this app is:

NORDSEE GmbH
Herwigstraße 16
27572 Bremerhaven

Phone: +49 (0) 471 13-02
E-mail: nordsee@nordsee.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this app

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Designation of a data protection officer

We have appointed a data protection officer for our company.

MERENTIS DataSec GmbH
Kurfürstenallee 130
28211 Bremen

Phone: +494212380460
E-mail: Datasec@merentis.com

Information on data transfer to the USA and other non-EU countries

Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

 

 

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

  • In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
  • If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
  • If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
  • If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

4. Recording of data on this app

Cookies

Our apps and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your device.

In some cases, it is possible that third-party cookies are stored on your device once you enter our App (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain app functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions, or for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the app shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the app has a legitimate interest in the storage of required cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.

You have the option to set up your device in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the device closes. If cookies are deactivated, the functions of this app may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Salesforce Sales Cloud

We use Salesforce Sales Cloud to manage customer data. The provider is salesforce.com Deutschland GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany (hereinafter “Salesforce”).

Salesforce Sales Cloud is a CRM system and enables us, in particular, to manage existing and potential customers and customer contacts and to organize sales and communication processes. The use of the CRM system also enables us to analyze our customer-related processes. Customer data is stored on Salesforce servers. In the process, personal data may also be transferred to the parent company of salesforce.com Germany GmbH, salesforce.com inc., Salesforce Tower, 415 Mission Street, San Francisco, CA 94105, USA.

Details about Salesforce Sales Cloud’s features can be found here: https://www.salesforce.com/de/products/sales-cloud/overview/.

The use of Salesforce Sales Cloud takes place on the basis of Art. 6(1)(f) GDPR. The app operator has a legitimate interest on the most efficient customer management and customer communication possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Salesforce has Binding Corporate Rules (BCR) approved by the French data protection authority. These are binding corporate rules that legitimize the transfer of data from companies to third countries outside the EU and EEA. Details can be found here: https://www.salesforce.com/de/blog/2020/07/die-binding-corporate-rules-von-salesforce-erfuellen-hoechste-da.html.

For details, see the Salesforce Privacy Policy: https://www.salesforce.com/de/company/privacy/.

Registration on this app

You have the option to register on this app to be able to use additional app functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.

To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.

We shall process the data entered during the registration process on the basis of your consent (Art. 6(1)(a) GDPR).

The data recorded during the registration process shall be stored by us as long as you are registered on this app. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

 

 

Registration with Google

Instead of registering directly on this app, you can register with Google. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To register with Google, you must only enter your Google name and password. Google will identify you and confirm your identity to our app.

When you sign in with Google, we may be able to use certain information in your account to complete your profile with us. You decide whether you want this information to be used and if so, which information it is, within the framework of your Google security settings, which you can find here: https://myaccount.google.com/security and https://myaccount.google.com/permissions.

The data processing associated with Google’s registration is based on our legitimate interest in making the registration process as simple as possible for our users (Art. 6(1)(f) GDPR). Since the use of the registration function is voluntary and the users themselves can decide on the respective access options, no conflicting predominant rights of the data subjects are apparent.

Registration with Facebook Connect

Instead of registering directly on this app, you also have the option to register using Facebook Connect. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too.

If you decide to register via Facebook Connect and click on the “Login with Facebook”/„Connect with Facebook” button, you will be automatically connected to the Facebook platform. There, you can log in using your username and password. As a result, your Facebook profile will be linked to this app or our services. This link gives us access to the data you have archived with Facebook. These data comprise primarily the following:

  • Facebook name
  • Facebook profile photo and cover photo
  • Facebook cover photo
  • E-mail address archived with Facebook
  • Facebook-ID
  • Facebook friends lists
  • Facebook Likes (“Likes” information)
  • Date of birth
  • Gender
  • Country
  • Language

This information will be used to set up, provide and customize your account.

The registration via Facebook Connect and the affiliated data processing transactions are implemented on the basis of your consent (Art. 6(1)(a) GDPR). You may revoke this consent at any time, which shall affect all future transactions thereafter.

Insofar as personal data is collected on our app with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our app. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendumhttps://de-de.facebook.com/help/566994660333381 and https://www.facebook.com/policy.php.

For more information, please consult the Facebook Terms of Use and the Facebook Data Privacy Policies. Use these links to access this information: https://www.facebook.com/about/privacy/ and https://www.facebook.com/legal/terms/.

5. Social media

Facebook

We have integrated elements of the social network Facebook on this app. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too.

An overview of the Facebook social media elements is available under the following link: https://developers.facebook.com/docs/plugins/.

If the social media element has been activated, a direct connection between your device and the Facebook server will be established. As a result, Facebook will receive information confirming your visit to this app with your IP address. If you click on the Facebook Like button while you are logged into your Facebook account, you can link content of this app to your Facebook profile. Consequently, Facebook will be able to allocate your visit to this app to your user account. We have to emphasize that we as the provider of the app do not receive any information on the content of the transferred data and its use by Facebook. For more information, please consult the Data Privacy Policy of Facebook at: https://de-de.facebook.com/privacy/explanation.

If your approval (consent) has been obtained the use of the abovementioned service shall occur on the basis of Art. 6 Sect. 1 lit. a GDPR and § 25 TTDSG (German Telecommunications Act). Such consent may be revoked at any time. If your consent was not obtained, the use of the service will occur on the basis of our legitimate interest in making our information as comprehensively visible as possible on social media.

Insofar as personal data is collected on our app with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our app. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendumhttps://de-de.facebook.com/help/566994660333381 and https://www.facebook.com/policy.php.

6. Analysis tools and advertising

Google Analytics

This app uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the app operator to analyze the behavior patterns of app visitors. To that end, the app operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. This data is assigned to the respective end device of the user. An assignment to a user-ID does not take place.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The app use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TTDSG. You may revoke your consent at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

IP anonymization

On this app, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this app, Google shall use this information to analyze your use of this app to generate reports on app activities and to render other services to the operator of this app that are related to the use of the app and the Internet. The IP address transmitted in conjunction with Google Analytics from your device shall not be merged with other data in Google’s possession.

 

 

Demographic parameters provided by Google Analytics

This app uses the “demographic characteristics” function of Google Analytics, to be able to display to the app visitor compatible ads within the Google advertising network. This allows reports to be created that contain information about the age, gender, and interests of the app visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third-party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data”.

Google Firebase

We use the analysis and design tool Google Firebase in the app. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service is based on your consent according to Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG. The consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: privacy.google.com/businesses/controllerterms/mccs/.

The Google Ads processing conditions, which refer to the standard contractual clauses, can be found at business.safety.google/intl/de/adsprocessorterms/.

You can learn more about the data processed through the use of Firebase in the Privacy Policy at https://policies.google.com/privacy?hl=de.

Adjust

We use the usage evaluation and analysis technology Adjust from adjust GmbH, Saarbrücker Str. 36, 10405 Berlin. The Adjust service has been tested and certified according to the ePrivacyseal (European Seal for your Privacy) (see https://www.eprivacy.eu/kunden/vergebene-siegel/). Adjust collects data on the interaction with our advertising materials, installation and event data of the app and makes these available as anonymized evaluations. We use this information to measure the success of our app marketing campaigns, for our own market research and to optimise the app. For these evaluations, Adjust uses your IDFA or Android ID as well as your anonymized IP and MAC address. The information collected is also forwarded to appropriate providers for the purpose of implementing and optimizing our app advertising campaigns. You can find out the details of the providers used in the relevant sections of our privacy policy. The legal basis for data processing is Art. 6 (1) a) DSGO.

The collection, analysis and use of data can be deactivated for the websites in the future at https://www.adjust.com/opt-out/). You can revoke your consent at any time in our preference centre.

We only use the cookies required for this service (so-called functional cookies) with your consent.

7. Plug-ins and Tools

Google Web Fonts

To ensure that fonts used on this app are uniform, this app uses so-called Web Fonts provided by Google. When you access a page on our app, your device will load the required web fonts into your device cache to correctly display text and fonts.

To do this, the device you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this app. The use of Google Web Fonts is based on Art. 6(1)(f) GDPR. The app operator has a legitimate interest in a uniform presentation of the font on the operator’s app. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

If your device should not support Web Fonts, a standard font installed on your computer will be used.

For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Google Maps

This app uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this app has no control over the data transfer. In case Google Maps has been activated, Google has the option to use Google web fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your device will load the required web fonts into your device cache, to correctly display text and fonts.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our app easy to find. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

8. eCommerce and payment service providers

Processing of Customer and Contract Data

We collect, process, and use personal customer and contract data for the establishment, content arrangement and modification of our contractual relationships. Data with personal references to the use of this app (usage data) will be collected, processed, and used only if this is necessary to enable the user to use our services or required for billing purposes. The legal basis for these processes is Art. 6(1)(b) GDPR.

The collected customer data shall be deleted upon completion of the order or termination of the business relationship and upon expiration of any existing statutory archiving periods. This shall be without prejudice to any statutory archiving periods.

Payment services

We integrate payment services of third-party companies on our app. When you make a purchase from us, your payment data (e.g. name, payment amount, bank account details, credit card number) are processed by the payment service provider for the purpose of payment processing. For these transactions, the respective contractual and data protection provisions of the respective providers apply. The use of the payment service providers is based on Art. 6(1)(b) GDPR (contract processing) and in the interest of a smooth, convenient, and secure payment transaction (Art. 6(1)(f) GDPR). Insofar as your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consent may be revoked at any time for the future.

We use the following payment services / payment service providers within the scope of this app:

Stripe

The provider for customers within the EU is Stripe Payments Europe, Ltd,1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”).

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://stripe.com/de/privacy and https://stripe.com/de/guides/general-data-protection-regulation.

Details can be found in Stripe’s Privacy Policy at the following link: https://stripe.com/de/privacy.

PayPal

The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: www.paypal.com/de/webapps/mpp/ua/pocpsa-full. Details can be found in PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

giropay

The provider of this payment service is the paydirekt GmbH, Stephanstraße 14 – 16, 60313 Frankfurt am Main (hereinafter referred to as “giropay”). For details, please consult giropay’s Data Privacy Policy at: https://www.paydirekt.de/agb/index.html.

Mastercard

The provider of this payment service is the Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium (hereinafter “Mastercard”). Mastercard may transfer data to its parent company in the US. The data transfer to the US is based on Mastercard's Binding Corporate Rules. Details can be found here: https://www.mastercard.de/de-de/datenschutz.html and https://www.mastercard.us/content/dam/mccom/global/documents/mastercard-bcrs.pdf.

VISA

The provider of this payment service is the Visa Europe Services Inc, London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom (hereinafter “VISA”). Great Britain is considered a secure non-EU country as far as data protection legislation is concerned. This means that the data protection level in Great Britain is equivalent to the data protection level of the European Union. VISA may transfer data to its parent company in the US. The data transfer to the US is based on the standard contractual clauses of the EU Commission. Details can be found here: www.visa.de/nutzungsbedingungen/visa-globale-datenschutzmitteilung/mitteilung-zuzustandigkeitsfragen-fur-den-ewr.html. For more information, please refer to VISA’s privacy policy: https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html.

TERMS OF USE FOR THE NORDSEE FISH & FRIENDS LOYALTY PROGRAMME

TERMS OF USE FOR THE NORDSEE FISH & FRIENDS LOYALTY PROGRAMME

 

1. Scope; participating in the NORDSEE fish & friends loyalty programme

 

The customer loyalty programme “NORDSEE fish & friends loyalty programme” rewards NORDSEE customers who take part in the programme for being loyal customers. The programme enables customers to collect bonus points (“fish”), receive discounts, and claim further benefits in the branches operated by NORDSEE GmbH, Herwigstr. 16, 27572 Bremerhaven, Germany, itself (hereinafter referred to as “NORDSEE”) and in the branches operated by participating franchise partners of NORDSEE (with the exception of Tank & Rast) (hereinafter collectively referred to as the “NORDSEE Branches”).

 

If, and insofar as, NORDSEE additionally operates its own NORDSEE online shop in the future, customers shall also be able—within the framework of the NORDSEE fish & friends loyalty programme—to collect bonus points (“fish”), receive discounts, and claim further benefits in this NORDSEE online shop, too. In this case, such a NORDSEE online shop shall count as a NORDSEE Branch within the meaning of the present Terms of Use. The opening of such a NORDSEE online shop shall be made known to NORDSEE customers via the NORDSEE app, by email, on the website www.nordsee.com, or on the NORDSEE social-media fan pages.

 

The NORDSEE fish & friends loyalty programme is operated on behalf of NORDSEE by LevelApp, Avenue des volontaires 19, 1160 Auderghem, Belgium (hereinafter referred to as “LevelApp”), as NORDSEE’s customer loyalty system.

 

1.1. The present Terms of Use solely govern the contractual relationship between LevelApp and an individual NORDSEE customer (hereinafter referred to as “User”, or collectively as “Users”) with regard to the NORDSEE fish & friends loyalty programme.

 

Users may take part in the NORDSEE loyalty programme as soon as they have registered with the programme. To register, they have to supply their email address and a password of their choice, or, as an alternative, use a social login to register via the smartphone app (hereinafter referred to as “the NORDSEE App”). After logging in as a User, a User is automatically able to take part in the NORDSEE loyalty programme. There is no need to carry out any additional registration in order to take part in the loyalty programme. Apart from the email address, other relevant data for registration are a User’s surname and his or her given name(s).

 

Users have no legal entitlement to be permitted to take part in the NORDSEE fish & friends loyalty programme; permission to take part in the programme may be refused without giving any reasons. Users can participate in the programme as soon as they have received confirmation of their admission. Such confirmation is sent to Users immediately after they have successfully completed their registration.

 

The present Terms of Use do not govern the relationship between a User and solarisBank AG, Anna-Louisa-Karsch-Str. 2, 10178 Berlin, Germany, (hereinafter referred to as “solarisBank”) with regard to the payment function operated by solarisBank on the basis of electronic money (hereinafter referred to as “the Credit System”) and the NORDSEE prepaid card and the NORDSEE customer club card issued by solarisBank (hereinafter referred to as “the NORDSEE Card”). However, if, and insofar as, a User takes part in the solarisBank Credit System and possesses a NORDSEE Card with a functioning QR code printed on it, he or she may, subject to the more detailed provisions set out in these Terms of Use, use the QR code printed on the NORDSEE Card in order to take part in the NORDSEE fish & friends loyalty programme.

 

For clarification: the party to the agreement with the User in respect of the Credit System and the NORDSEE Card shall solely be solarisBank; the terms of use agreed between the User and solarisBank for Solarisbank AG’s Credit System shall therefore apply in this respect. The party to the agreement with the User in respect of the NORDSEE fish & friends loyalty programme shall, however, exclusively be LevelApp; the present “Terms of Use for the NORDSEE Fish & Friends Loyalty Programme of LevelApp” shall apply in this respect.

 

1.2. By completing the registration process for participation in the NORDSEE fish & friends loyalty programme, either in the NORDSEE App or via the website kundenclub.nordsee.com, a User agrees to the present Terms of Use. The agreement for use, in accordance with the terms of the present Terms of Use, of the NORDSEE fish & friends loyalty programme shall also be concluded at the same time. Users may at any time retrieve the Terms of Use via kundenclub.nordsee.com, where they can also save them for future reference. They may also request the Terms of Use from LevelApp.

 

1.3. A User shall not incur any charge for taking part in the NORDSEE fish & friends loyalty programme.

 

1.4. Any individual (natural person) who has reached the age of 16 may take part in the NORDSEE fish & friends loyalty programme. Each User may open and maintain only one user account.

 

Information on which NORDSEE Branches are participating in the NORDSEE fish & friends loyalty programme as well as on which benefits a User may currently claim on the basis of the NORDSEE fish & friends loyalty programme (e.g. any discount campaigns currently being carried out, etc.) will be published in the NORDSEE App and at www.nordsee.com/de/fishandfriends.html; such information may, where applicable, additionally be obtained locally in any of the participating NORDSEE Branches.

 

Participating NORDSEE Branches are branches that are either operated by NORDSEE GmbH itself or by franchise partners (with the exception of Tank & Rast). Users cannot participate in the NORDSEE fish & friends loyalty programme in the course of shopping via AmazonFresh, for example, and, generally, in the course of ordering via a delivery service.

 

1.5. The transfer to a third party of the present Contract covering the use of the NORDSEE fish & friends loyalty programme shall be ruled out.

 

2. Use of the NORDSEE fish & friends loyalty programme; essential characteristics of the NORDSEE fish & friends loyalty programme

 

2.1. Subject to the more detailed provisions set out in these Terms of Use, in particular under Clause 2.2, Users can collect bonus points (“fish”) and additionally receive discounts when they purchase products in a participating NORDSEE Branch. A User may collect bonus points and receive discounts either by means of a scan of a QR code retrieved via the NORDSEE App and then shown on the smartphone display, or by means of the QR code printed on the solarisBank NORDSEE Card (provided the User is in possession of such a NORDSEE Card). A current list of participating NORDSEE Branches may be viewed via the NORDSEE App or at www.nordsee.com/de/filialen.html.

LevelApp’s obligation to perform does not include the obligation that the NORDSEE fish & friends loyalty programme must be available at all NORDSEE Branches.

 

2.2. NORDSEE shall determine the following: how many bonus points (“fish”) are granted; which discounts are granted under which conditions (e.g. the number of bonus points (“fish”) required for a certain discount); as well as how, under which conditions, and for which products such bonus points can be redeemed and such discounts can be claimed. The relevant current information shall be published at kundenclub.nordsee.com in each case.

 

2.3. The User can only obtain bonus points (“fish”) by purchasing products in a participating NORDSEE Branch or in the NORDSEE online shop. Acquiring, or additionally acquiring, bonus points (“fish”) against payment of a sum of money (irrespective of whether payment is effected by the User or a third party) shall be ruled out.

 

2.4. Bonus points (“fish”) may not be exchanged for the following: book money or cash; credit on an electronic stored-value card; or credit on a solarisBank NORDSEE Card, or the like. A User shall also not be permitted to demand disbursement of bonus points (“fish”) at the equivalent of the value of such bonus points in euros or in any other means of payment.

 

2.5. Bonus points (“fish”) may not be transferred to a third party.

 

2.6. Bonus points (“fish”) shall be valid for 1 (one) year (from the date on which they were acquired). If, and insofar as, the User has not used bonus points by the end of this period, such bonus points shall cease to be valid after the time limit set forth herein has expired. After expiry of the time limit, lapsed bonus points (“fish”) shall be deducted from the User’s account.

 

2.7. Bonus points (“fish”), discounts and/or other benefits can solely be collected, redeemed and/or claimed after the User has carried out their activation via the App or via the web portal at kundenclub.nordsee.com. Collection, redemption and/or claiming may be effected either by means of a scan of a QR code retrieved via the NORDSEE App and then shown on the smartphone display, or by means of the QR code printed on the solarisBank NORDSEE Card (provided the User is in possession of a NORDSEE Card). Providing the name and/or password of the NORDSEE user account shall, in particular, be insufficient. Use of the NORDSEE App on a smartphone shall require the User’s smartphone to be in good working order; it shall also be a requirement that the User’s smartphone is technically able to operate the NORDSEE App. Users shall be responsible for providing, at their own expense, the technical prerequisites that allow them to use the NORDSEE App; they shall in particular be responsible for keeping a suitable and operational smartphone available. Users shall themselves be exclusively responsible for making sure that their smartphone is usable (e.g. by putting it in an operational state) whenever they use the NORDSEE App.

 

2.8. In the event that bonus points (“fish”) were wrongly credited to the NORDSEE user account, or a User has committed an abuse, LevelApp shall reserve the right to reverse or retain the corresponding credit.

 

2.9. LevelApp does not guarantee that the NORDSEE App or the QR codes will be technically ready for use and in good working order at all times. LevelApp also does not guarantee the continuous provision of such technical requirements as are needed to enable the NORDSEE App to be used in the NORDSEE Branches (technical requirements are e.g. that the point-of-sale terminal or the reading device for scanning the QR codes is functional).

 

2.10. Before paying at the checkout, a User shall notify the cashier of any participating NORDSEE Branch that the User wishes to use the NORDSEE fish & friends loyalty programme. Discounts cannot be granted retroactively.

 

2.11. Users may access and manage their NORDSEE user account via the NORDSEE App or via the website kundenclub.nordsee.com, provided they enter their password. In their NORDSEE user account, Users may also view the current number of bonus points (“fish”) they have received and may additionally activate any benefits that are granted to the User in the context of the NORDSEE fish & friends loyalty programme. In their NORDSEE user account, Users can also check the number of bonus points (“fish”) that will cease to be valid on a certain date under the terms of Clause 2.6.

 

2.12. LevelApp shall at any time have the right to delete any bonus points (“fish”) that have already been credited to a User’s NORDSEE user account, provided the requirements for the award of the bonus points (“fish”) had not been met when the bonus points were awarded, or such requirements have ceased to apply with retroactive effect. This shall in particular apply in cases where the purchase price for previously bought goods has been refunded.

 

3. Risk of abuse, and risk of loss

 

3.1. Users shall themselves be solely responsible for keeping the following safe: their smartphone to which the NORDSEE App has been downloaded; the QR code; and the password for the NORDSEE user account. In the event of abuse, the User shall not be entitled to claim compensation for any bonus points (“fish”) that were improperly redeemed by a third party, or for any other benefits of the NORDSEE fish & friends loyalty programme that were improperly claimed by a third party.

 

3.2. Users shall bear the risk of abuse of their user data by a third party, and/or of any third party accessing their NORDSEE user account without having the authority to do so. LevelApp and/or the NORDSEE Branches shall be released from their obligation to perform, even in the event that they perform such obligation in respect of a third party that is not authorised to dispose of collected bonus points (“fish”) and/or to use the NORDSEE user account.

 

4. Term and termination

 

4.1. The present Contract shall be effective from the date the User successfully registers. Immediately after successfully completing their registration, Users shall receive confirmation that the Contract has entered into force.

 

4.2. The Contract shall be concluded for an indefinite period.

 

4.3. Users may terminate the Contract at any time by sending an instruction to delete their NORDSEE user account to LevelApp via the contact details set forth in Clause 10. LevelApp may at any time terminate the Contract with the User with a notice period of four weeks by providing the User with notice of termination.

 

4.4. Once the Contract has been terminated, bonus points (“fish”) of the NORDSEE fish & friends loyalty programme that have not yet been redeemed, as well as any other benefits that have not yet been claimed (in particular discounts that have not yet been claimed), shall lapse without any right to compensation.

 

4.5. Should a User violate the present Terms of Use, or any other statutory provision that applies to the contractual relationship, LevelApp reserves the right to exclude the User from using the NORDSEE fish & friends loyalty programme. In this case, any bonus points (“fish”) of the NORDSEE fish & friends loyalty programme that have been collected by that date, but have not yet been redeemed, as well as any other benefits that have not yet been claimed (in particular discounts that have not yet been claimed), shall lapse without any right to compensation.

 

4.6. NORDSEE and LevelApp reserve the right to terminate the NORDSEE fish & friends loyalty programme at any time with a reasonable notice period, without providing any reasons, or to replace the programme with another programme.

 

5. Data protection

 

5.1. LevelApp shall collect, process, and use a User’s personal data solely for the performance of the present Contract regulating the use of the NORDSEE fish & friends loyalty programme. Any collection, processing and use shall be carried out in accordance with the applicable rules under data-protection law, particularly the German Federal Data Protection Act [Bundesdatenschutzgesetz] and the German Telemedia Act [Telemediengesetz]. Further information on data protection and data security is contained in LevelApp’s Privacy Policy, which can at any time be retrieved in printable form from the NORDSEE App and at kundenclub.nordsee.com by clicking on the “Privacy Policy” link.

 

6. Availability and quality of products in the NORDSEE Branches

 

6.1. The availability of products that can as a rule be purchased against redemption of bonus points (“fish”) or by claiming discounts may vary according to the date, the season, or the location of a participating Branch. Individual products may be unavailable at certain times.

 

6.2. LevelApp has no way of influencing the availability and quality of the products offered by each participating NORDSEE Branch. LevelApp is therefore not responsible for the availability or the quality of the products offered in the participating NORDSEE Branches, or for making sure with regard to such products that participating NORDSEE Branches perform their contractual obligations towards the User in a proper manner.

 

7. Liability

 

7.1. Claims for damages against LevelApp by Users of the NORDSEE fish & friends loyalty programme shall either be ruled out or limited subject to the conditions set out under the present Clause 7. LevelApp shall in particular not be liable for any damage that occurs in connection with the following: the late or failed transmission of data and information to the NORDSEE App; any malfunctioning of the NORDSEE App that is beyond the control of LevelApp; damage to the smartphone; malfunctioning of the smartphone; a delay in data transmission; or any other technical difficulty that is beyond the control of LevelApp.

 

7.2. The aforementioned exclusion of liability shall not apply, however, (i) to any claims for damages for culpable injury to life, body or health, (ii) to claims for damages resulting from the breach of material contractual obligations (“cardinal obligations”), (iii) or to claims for damages that are based on a wilful or grossly negligent breach of obligations by LevelApp or a legal representative of LevelApp or a person employed by LevelApp to perform an obligation. Cardinal obligations within the meaning of the present Terms of Use shall be obligations which constitute a conditio sine qua non for the proper performance of the Contract and the fulfilment of the contractual purpose, and on whose fulfilment the contractual Parties may therefore regularly rely on.

 

7.3. Even if a cardinal obligation is breached, liability shall be limited to damage that is typical for this type of contract and was foreseeable when the Contract was concluded—provided, and insofar as, LevelApp is not liable on account of wilful misconduct, gross negligence, or on account of an injury to life, body or health.

 

7.4. The restrictions laid down in the present Clause 7 shall also apply to legal representatives of LevelApp and to persons employed by LevelApp to perform an obligation, provided these claims are asserted directly against such persons.

 

7.5. Nothing in the foregoing provisions shall constitute a change in the burden of proof.

 

7.6. Claims under the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.

 

8. Change of terms of business

 

8.1. LevelApp reserves the right to amend the present Terms of Use at any time. Users shall be notified of any amendments no later than four weeks before the date such amendments are set to come into force. If a User does not raise an objection with LevelApp within a period of four weeks from the date he or she receives the notification concerning the amendments, the amendments shall be deemed to have been approved. In the notification on the planned amendment of the present Terms of Use, LevelApp shall expressly advise the User about the consequences such a de facto approval will have.

 

8.2. Should a User object to such an amendment, the present Contract shall end on the date the amendments enter into force, without any further declaration from LevelApp being required for termination. In this case, any bonus points (“fish”) of the NORDSEE fish & friends loyalty programme that have been collected by that date, but have not yet been redeemed, as well as any other benefits that have not yet been claimed (in particular discounts that have not yet been claimed), shall lapse, without any right to compensation, on the date the Contract is terminated. In the notification on the planned amendment, LevelApp shall also expressly advise the User about the aforementioned consequences of an objection.

 

8.3. In amending the Terms of Use, LevelApp shall duly take into account the interests of Users.

 

9. Applicable law, and final provisions

 

9.1. Should any individual provision of these Terms of Use be or become invalid or infeasible in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or infeasible provision shall be replaced by a valid and feasible provision that corresponds as closely as possible to what the Parties intended. The same shall apply in the event that a provision contains a gap.

 

9.2. This Contract shall exclusively be governed by German law. The contract language shall be German; this shall also apply to the negotiating and concluding of the Contract.

 

10. Contact details

Please send any communication regarding the digital NORDSEE fish & friends loyalty programme to:

 

LevelApp

Avenue des volontaires 19

1160 Auderghem

Belgium

nordsee@levelapp.com

Telephone: +32 476 95 31 66

 

 

11. Instructions on withdrawal

 

11.1. Right of withdrawal

You have the right to withdraw from this Contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Contract. To exercise the right of withdrawal, you must inform us (LevelApp) of your decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post, fax or email).

 

For your withdrawal, you may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

11.2. Effects of withdrawal

If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract.

 

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

– End of instructions on withdrawal –

 

11.3. Model withdrawal form

If you wish to withdraw from the contract, please fill in this form and send it back to us. This form is not obligatory, however.

 

To Level App, Avenue des volontaires 19, 30167 1160 Auderghem, Belgium, nordsee@levelapp.com:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
 

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

__________

(*) Delete as appropriate.

Adjust

We use the usage evaluation and analysis technology Adjust from adjust GmbH, Saarbrücker Str. 36, 10405 Berlin. The Adjust service has been tested and certified according to the ePrivacyseal (European Seal for your Privacy) (see https://www.eprivacy.eu/kunden/vergebene-siegel/). Adjust collects data on the interaction with our advertising materials, installation and event data of the app and makes these available as anonymized evaluations. We use this information to measure the success of our app marketing campaigns, for our own market research and to optimise the app. For these evaluations, Adjust uses your IDFA or Android ID as well as your anonymized IP and MAC address. The information collected is also forwarded to appropriate providers for the purpose of implementing and optimizing our app advertising campaigns. You can find out the details of the providers used in the relevant sections of our privacy policy. The legal basis for data processing is Art. 6 (1) a) DSGO.

The collection, analysis and use of data can be deactivated for the websites in the future at https://www.adjust.com/opt-out/). You can revoke your consent at any time in our preference centre.

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