Legal Notice
Imprint — Privacy Policy — General Terms and ConditionsImprint
Information pursuant to Sec. 5 of the German Internet Act (Telemediengesetz) Name: JE International GmbH Address: Breslauer Ring 44, 61381 Friedrichsdorf Phone: +49 17623145443 E-mail: [email protected] Corporate form: German limited liability company (GmbH) Registered office and Commercial Register number: The company has its registered office in Friedrichsdorf and is recorded in the Commercial Register at the Local Court (Amtsgericht) of Bad Homburg under number HRB 7749 VAT identification number in acc. with Sec. 27a of the German Value-Added Tax Act: DE 226249690 Managing Partner: Jochen Ehrhardt Party responsible for website contents in acc. with Sec. 55 (2) of the German Interstate Broadcasting Agreement: Jochen Ehrhardt (same address as above) Disclaimer of liability: Although we have carefully checked the contents of this website, we assume no liability for the contents of any linked third-party websites. The contents of linked websites are the sole responsibility of the operators of those websites. We hereby represent that at the time of placement on this website, no linked websites contained any unlawful information. However, the contents of linked websites are subject to change at any time. Any such changes are beyond our control. We therefore do not endorse the contents of any linked websites, but rather distance ourselves from their contents. Moreover, we do not guarantee or warrant that the information on this website is complete, accurate or up-to-date. We are not liable for any damages that may result from use of any information published on our website, except in cases of intentional or grossly negligent actions or omissions. Contact person for trademark, unfair competition, privacy and copyright law issues: If you believe that any contents of our website violate trademark rights, copyrights or neighboring rights, or unfair competition law, please contact our attorneys without a formal demand letter: GRAEF Rechtsanwälte Dr. Ralph Oliver Graef, LL.M. (NYU) Jungfrauenthal 8 20149 Hamburg Tel.: +49.40.80 6000 9-0 Fax.: +49.40.80 6000 9-10 https://www.graef.eu By providing detailed information about the type and legal basis of the alleged violation of law. Our attorneys will also assist you with any other legal questions related to our website. We guarantee that any passages or parts of the website subject to valid objections will be promptly removed and brought into full compliance with applicable law. We reserve the right to take this website off-line in whole or in part without notice.
Privacy Policy
I. Controller The controller within the meaning of the General Data Protection Regulation (hereinafter "GDPR") and other national data protection laws of EU countries and other data protection laws is: JE International GmbH Breslauer Ring 44 61381 Friedrichsdorf Tel.: +49 (0) 171 6107318 Email: [email protected] II. General information about data processing 1. Extent of processing personal data We will generally collect and use personal data of our users only if and to the extent necessary to make available a functional website and/or to provide our content and services. Personal data of our users generally will be collected and/or used only with the prior consent of the user. An exception applies in cases where obtaining prior consent is practically impossible and where data processing is permitted by applicable law. The types of data we process are as follows: • contact data (e.g., email addresses, telephone numbers) • content data (e.g., text entries, photographs, videos) • user data (e.g., visited websites, interest in content, access times) • meta/communication data (e.g., device information, IP addresses). 2. Legal basis for processing personal data If we obtain the consent of a data subject for processing personal data, the legal basis for processing such personal data is Art. 6 para. 1 let. a) EU General Data Protection Regulation (hereinafter "GDPR"). If we process personal data that are necessary to perform a contract to which the data subject is a party, the legal basis for processing such personal data is Art. 6 para. 1 b) GDPR. The same applies if processing personal data is necessary to perform pre-contractual measures. If processing personal data is necessary to perform a legal obligation of our company, the legal basis for such data processing is Art. 6 para. 1 c) GDPR. If processing personal data is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh that legitimate interest, the legal basis for such data processing is Art. 6 para. 1 let. f) GDPR. 3. Erasure of data and duration of data storage Personal data of a data subject will be erased or blocked as soon as they are no longer needed for the purposes for which they are stored. Data may also be blocked if provided for by EU or national regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased if recordkeeping obligations under the aforementioned norms expire, unless continued storage of such data is necessary to enter into or perform a contract. III. Making available the Website and creating log files When our Website is accessed, our system will automatically collect data and information from the computer system of the terminal device accessing the Website. In this connection the following data will be collected for a limited time period: (1) visited website (2) quantity of data transmitted (3) information about the type and version of the browser used, (4) the operating system of the user, (5) the IP address of the user, (6) the date and time of access, and (7) the websites from which the system of the user arrived on our Website Such data will be stored in log files of our system. Such data are needed only to analyze any malfunctions and will be erased at the latest within seven days. The legal basis for temporarily storing data in log files is Art. 6 para. 1 let. f) GDPR. Temporary storage of the IP address for the system is necessary for making the Website available to the terminal device of the user. For this purpose the IP address of the user must be stored for the duration of the session. Data are stored in log files to ensure the functionality of our Website. In addition, such data are used to optimize the Website and to ensure the security of our IT systems. Data will not be analyzed for marketing purposes in this connection, and we will draw no inferences as to your identity. The aforementioned purposes also provide the basis of our legitimate interest in data processing within the meaning of Art. 6 para. 1 let. f) GDPR. Collecting data to make available the Website and storing data in log files is necessary for operating the Website. Consequently, users have no right to object to the collection or use of such data for the aforementioned purposes. IV. Social media 1. Online presence We maintain online presences on social networks and platforms to communicate with clients, interested parties, and users who are active on those networks, and to be able to inform clients, interested parties, and users of our services. Our Website therefore links to the website of Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, U.S.A., or, if you reside in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, ("Facebook"); to the website of Pinterest, operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, U.S.A.; and to the website of LinkedIn, operated by LinkedIn Corp., 1000 W. Maude Ave. Sunnyvale, California 94085, U.S.A., or, if you reside in the EU, LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. When you access the aforementioned networks or platforms, the terms and conditions and data processing policies of the companies that operate those networks or platforms will apply. Unless otherwise provided in our data privacy policy, we will process data of users if they communicate with us through social networks or platforms, e.g., if they post on our Facebook pages, or send us messages. 2. Share buttons Our Website provides share buttons from social media platforms, where users can share our content. Our Website links to the website of • Twitter, operated by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, U.S.A. or, if you reside in the EU, Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland; • Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, U.S.A., or, if you reside in the EU, Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland • Tumblr, operated by Tumblr, Inc., 770 Broadway, New York, NY, 10003, U.S.A. • Pinterest, operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA • LinkedIn, operated by LinkedIn Corp., 1000 W. Maude Ave. Sunnyvale, California 94085, U.S.A., or, if you reside in the EU, LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland • Reddit, operated by Reddit, Inc., 548 Market St. #16093, San Francisco, California 94104, U.S.A. When you access the aforementioned networks or platforms, the terms and conditions and data processing policies of the companies that operate those networks or platforms will apply. V. Cookies Our website uses so-called session or flash cookies. Cookies are text files that are stored in or by the Internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is accessed again. The legal basis for the processing of personal data using cookies is Art. 6 para. 1 let. f DSGVO. The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change. In addition, we also use - if you do not object - so-called persistent cookies, which are used beyond the session. In particular, these cookies serve to make the website user-friendly, more effective and safer. The user data collected by technically necessary cookies are not used to determine your identity. The processing of personal data is necessary to safeguard our legitimate interests pursuant to Art. 6 para. 1 let. f GDPR. Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies and they are deleted when you close your browser. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated, not all functions of the website may be available anymore. VI. Third Party Analytics Services 1. Google Analytics On the basis of our legitimate interests (interest in optimization and economic operation of our online-service in accordance with Art. 6 para. 1 let. f GDPR) we use web-analysis services from Google LLC (“Google”), 1600 Amphitheater Pkwy., Mountain View, CA 94043, U.S.A., or, if you reside in the EU, Google Ireland Ltd., Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland. Google uses cookies. The cookies collect information about the usage of our online-services. This data is usually transmitted to a Google server in the U.S.A. and stored there. Google is certified under the Privacy-Shield framework and hereby provides a guarantee to conform with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google will use this information as a commissioner to analyze the usage of our online-services, to issue a report about the activities within our online-services and to perform other services for us which are connected with the usage of our online-services and the internet. The processed data can be used to create pseudonymized user profiles. We only use Google Analytics with activated IP-anonymization. That means, the user’s IP-address will be shortened by Google in the area of EU-member states or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases the full IP-address will be transmitted to a Google server in the U.S.A. and shortened there. We use “Google Tag Manager” to implement and manage Google analysis and marketing services. The IP-address collected from the user will not be linked with other data from Google. Users can prevent the collection of information by cookies via his browser settings; further, users can prevent the collection of the data collected by the cookie with regards to their usage of the online-services and Google’s processing of this data by installing a browser-plugin which is available here: http://tools.google.com/dlpage/gaoptout?hl=de. Further information about Google’s usage of data, settings and the right to object can be found on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“how google uses information from sites or apps that use our services”), http://www.google.com/policies/technologies/ads (“Data usage for advertising purposes”), https://www.google.de/settings/ads (“Manage information which Google uses to show ads”). Google’s privacy policy is available here: https://www.google.com/policies/privacy. If you want to object to interest-based advertising from Google marketing-services, you can use Google’s provided settings and opt-out possibilities: http://www.google.com/ads/preferences. 2. Hotjar On the basis of our legitimate interests (interest in optimization and economic operation of our online-service in accordance with Art. 6 para. 1 let. f GDPR) we use web-analysis services from Hotjar Ltd, Level 2, St Julians Business Centre, 3 Elia Zammit Street, St Julians STJ 3155, Malta, Europe (“Hotjar”). This is an analysis tool that helps us understand how you use our website, such as how you navigate through our site. Hotjar uses "cookies" (small text files stored on your display device) to perform analysis. More information about Hotjar's cookies can be found at: https://www.hotjar.com/cookies. We have also embedded the Hotjar tracking code on our website, which is used to collect (i) terminal-specific information (i.e., IP address collection and storage in anonymous form, terminal screen size, terminal type and browser information, country as the geographic location and preferred language when a website is displayed) and (ii) log data (i.e., referring domain, page(s) visited, country as the geographic location and preferred language when a website is displayed, date and time of website access). Hotjar also uses third party services such as Google Analytics and Optimizely. You will find further information about hotjar’s legal overview here: https://www.hotjar.com/legal. Hotjar’s privacy policy is available here: https://www.hotjar.com/legal/policies/privacy VII. Google Maps Our Website uses maps of Google LLC., 1600 Amphitheater Pkwy., Mountain View, CA 94043, U.S.A., or, if you reside in the EU, Google Ireland Ltd., Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland. If you click on a map on our Website, map data on servers of Google will be accessed. If you are logged into your Google account, Google will be able to associate your browsing behavior with other data. We use Google Maps in the interest of a clear presentation of our services. This is a legitimate interest within the meaning of Art. 6 para. 1 let. f) GDPR. The data privacy policy of Google applies: https://policies.google.com/privacy?hl=de&gl=de VIII. Chatra Our website uses the Chat Service of Roger Wilco LLC (“Chatra”), 2200 Clarendon Blvd., Suite 1400A, Arlington, VA 22201, U.S.A. When contacting us via Chatra your data are processed for the purpose of processing the contact inquiry and processing it in accordance with Art. 6 para. 1 lit. b GDPR. Customer data may be stored in a customer relationship management system ("CRM system") or a comparable enquiry organisation. To ensure the functionality of the Chatra chat software and to allow the identification of end users when they return to our Site, Chatra saves user identification token and other information to the local storage and/or cookie in the end user browser. To learn more about it, Chatra’s privacy policy is available here: https://chatra.io/privacy-policy/ IX. Plugins 1. YouTube Within the scope of our online-services (e.g., our blog) the implementation and use of features and content of YouTube, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.A. (“Google”), or, if you reside in the EU, YouTube/Google Ireland Ltd., Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, via plug-in is possible. Further information about Google’s data usage for marketing purposes is available on the overview page: https://www.google.com/policies/technologies/ads, the privacy policy is available here: https://www.google.com/policies/privacy 2. Booking.com Within the scope of our online-services (e.g., our blog) the implementation and use of features and content of Booking.com B.V., Herengracht 597, 1017 CE Amsterdam, Netherlands via plug-in is possible. Further information about Booking.com data usage is available on the overview page, which leads to the full content of the privacy policy: https://www.booking.com/content/privacy.en-gb.html?aid=397645;label=bin859jc1FCAEoggI46AdIM1gBaDuIAQGYAQe4ARfIARTYAQHoAQH4AQ2IAgGoAgO4Atj8n-cFwAIB;sid=f5f3cfd791ca77b0351fe904ebcbfc39 3. Fixer Within the scope of our online-services (e.g., our blog) the implementation and use of features and content of Fixer.io, apilayer GmbH, Hoerlgasse 12/4, Vienna 1090, Austria, via plug-in is possible. Further information about Fixers data usage and the privacy policy is available here: https://fixer.io/privacy 4. TrustYou Within the scope of our online-services (e.g., our blog) the implementation and use of features and content of TrustYou USA HQ, 2910 Jefferson Avenue, Suite 205, Carlsbad CA 92008, U.S.A., or, if you reside in the EU, TrustYou GmbH, Steinerstraße 15, 81369 München, Germany, via plug-in is possible. Further information about TrustYou data usage and the privacy policy is available here: https://www.trustyou.com/downloads/privacy-policy.pdf X. Contact When contacting us (e.g. via contact form, e-mail, telephone or social media), your data are processed for the purpose of processing the contact inquiry and processing it in accordance with Art. 6 para. 1 lit. b GDPR. Customer data may be stored in a customer relationship management system ("CRM system") or a comparable enquiry organisation. XI. Miscellaneous We do not use font-plugins. XII. Rights of data subjects If we process your personal data, you will be a data subject within the meaning of the GDPR and you will have the following rights against the controller: 1. Right to information You may demand that the controller confirm whether or not personal data about you are processed by us. If we do process such data, you may demand the following information from the controller: (1) the purposes for which your personal data are processed; (2) the categories of personal data that are processed; (3) the recipients or categories of recipients to whom your personal data have been or will be disclosed; (4) how long we plan to store your personal data or, if that time period cannot be ascertained yet, the criteria used to determine how long we will store your personal data; (5) whether you have a right to rectification or erasure of your personal data, a right to restricted processing by the controller, or a right to object to such processing; (6) whether you have a right to lodge a complaint with a supervisory authority; (7) any available information about the origin of data if they were not collected directly from the data subject; and (8) whether your personal data will be transferred to any third country or international organization; in connection with such transfers you may demand to be informed of appropriate safeguards within the meaning of Art. 46 GDPR. 2. Right to rectification You have a right against the controller to have incorrect personal data rectified and/or to have incomplete personal data completed if the personal data we process are incorrect or incomplete. The controller must rectify data without undue delay. 3. Right to restricted processing Under the following conditions you may demand restricted processing of your personal data: (1) if you dispute the correctness of your personal data for a time period that allows the controller to review whether your personal data are correct; (2) if processing is unlawful and you decline to have your personal data erased and instead demand restricted use of your personal data; (3) if the controller no longer needs your personal data for the purposes for which they are processed, but you need such data to assert, exercise, or defend legal rights or claims, or (4) if you have objected to processing of your personal data in accordance with Art. 21 para. 1 GDPR and it has not yet been determined whether there are overriding legitimate reasons of the controller. If processing of your personal data is restricted, such data may – except for their storage – be processed only with your consent, or to assert, exercise, or defend legal rights or claims, to protect the rights of another natural person or legal entity, or for reasons related to an important public interest of the European Union or any member state. If processing of your personal data has been restricted under the aforementioned conditions, you will be notified by the controller before the restriction is lifted. 4. Right to erasure a) Erasure obligation You may demand that the controller erase your personal data without undue delay and the controller has an obligation to do so if one of the following reasons applies: (1) your personal data are no longer needed for the purposes for which they were collected or are otherwise processed; (2) you have revoked your consent on which the processing of your data is based in accordance with Art. 6 para. 1 let. a) or Art. 9 para. 2 let. a) GDPR, and there is no other legal basis for processing your personal data; (3) you have objected to processing of your personal data in accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for processing your personal data, or you object to processing in accordance with Art. 21 para. 2 GDPR; (4) your personal data have been processed unlawfully; (5) erasing your personal data is necessary to comply with a legal obligation under European law or member state law to which the controller is subject; or (6) your personal data were collected with respect to offered information society services within the meaning of Art. 8 para. 1 GDPR. b) Information to third parties Where the controller has made personal data public and has an obligation under Art. 17, para. 1 to erase such personal data, the controller, taking into account available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers which are processing such personal data that the data subject has requested the erasure by such controllers of any links to, or copies or duplicates of, such personal data. c) Exceptions There is no right to erasure if processing personal data is necessary (1) to exercise the right to freedom of expression and information; (2) to comply with a legal obligation which requires processing of your personal data under EU or member state law to which the controller subject, or to perform a task that is in the public interest, or to exercise official authority vested in the controller; (3) for reasons of the public interest in the area of public health within the meaning of Art. 9 para. 2 let. f) and i) and Art. 9 para. 3 GDPR; or (4) to assert, exercise, or defend legal rights or claims. 5. Right to notification If you have exercised your right to rectification, erasure, or restricted processing against the controller, the controller has an obligation to notify all recipients to whom your personal data have been disclosed of such rectification, erasure, or restricted processing, unless this proves impossible or would be associated with unreasonable expense. You have a right to be informed of all such recipients by the controller. 6. Right to data portability You have a right to receive personal data you have made available to the controller in a structured, standard, and machine-legible format. You also have the right to transfer your personal data to another controller without any interference by the controller to whom the personal data were made available, if (1) processing is based on consent within the meaning of Art. 6 para. 1 let. a) GDPR or Art. 9 para. 2 let. a) GDPR or on a contract within the meaning of Art. 6 para. 1 b) GDPR, and (2) data processing is automated. In exercising the right to data portability you further have the right to have your personal data transferred directly from one controller to another controller, if and to the extent that this is technically feasible. No rights or freedoms of any other persons may be infringed thereby. The right to data portability does not apply to processing of personal data that is necessary to perform a task that is in the public interest or to processing of personal data in the exercise of official authority vested in the controller. 7. Right of objection You have the right for reasons related to your particular situation to object to processing of your personal data at any time based on Art. 6 para. 1 let. e) or f) GDPR; the same applies to any profiling based on the aforementioned provisions. If you object, the controller will no longer process your personal data, unless the controller can show that there are compelling protected reasons for processing your personal data that override your interests, rights and freedoms, or if your data are processed to assert, exercise, or defend legal rights or claims. If your personal data are processed for direct advertising purposes, you have a right to object to processing of your personal data for purposes of such advertising at any time; the same applies to any profiling associated with such direct advertising. If you object to processing of your personal data for purposes of direct advertising, your personal data will no longer be processed for such purposes. In connection with use of information society services you may exercise your right of objection – regardless of Directive 2002/58/EC – by using automated processes for which technical specifications are used. For this purpose you may send an email to our data protection officer. 8. Right to revoke consent to data processing You have a right to revoke your consent to data processing at any time. If you exercise your right of revocation, the lawfulness of data processing that occurs before revocation based on your consent will remain unaffected. 9. Automated decision in a particular case, including profiling You have a right not to be subjected to a decision that is made exclusively by means of automated processing – including profiling – if such a decision has legal consequences for you or otherwise substantially impairs your interests. This does not apply if the decision (1) is necessary to enter into or perform a contract between you and the controller, (2) is permitted under EU or member state law to which the controller is subject and such law provides for appropriate safeguards to protect your rights, freedoms, and legitimate interests, or (3) is made with your express consent. However, such decisions may not be made with respect to special categories of personal data within the meaning of Art. 9 para. 1 GDPR, unless Art. 9 para. 2 let. a) or g) GDPR applies and appropriate safeguards have been implemented to protect your rights, freedoms, and legitimate interests. In cases 1) and 3) above the controller must implement appropriate safeguards to protect your rights, freedoms, and legitimate interests, which must include, at a minimum, a right to have a person acting on behalf of the controller take action, a right to present your own point of view, and a right to contest the decision. 10. Right to lodge complaint with supervisory authority Without prejudice to any other available administrative or judicial remedies, you have a right to lodge a complaint with a supervisory authority, in particular a supervisory authority located in the member state of your habitual residence, at your workplace, or at the place of the purported infringement, if in your opinion the processing of your personal data violates the GDPR. The supervisory authority where the complaint is lodged will then notify the complainant of the progress and outcome of the complaint, including judicial remedies available under Art. 78 GDPR.
General Terms and Conditions
Section 1 Applicability 1.1 These General Terms and Conditions of Use apply to the website true5stars.com of the company JE International GmbH (hereinafter the "Company"). All transactions between the Company and the user (hereinafter the "User") in connection with services offered by the Company on its website (hereinafter the "Website") are subject exclusively to the following Terms and Conditions of Use as amended from time to time. 1.2 These Terms and Conditions of Use become effective at the time the Website is accessed by the User, with or without registration for the Website and services of the Company, and they are an integral part of each contract between the User and the Company unless provided otherwise in a particular case. The Terms and Conditions of Use also apply to any future transactions with the User, whether or not they are expressly made applicable again at that time. 1.3 The Company reserves the right to modify or delete any services offered on the Website, at any time, without prior notice and without the consent of the User. Furthermore, the Company has the right to change the Terms and Conditions of Use at any time. Any changes to the Terms and Conditions of Use will be published on the Website. If the User's continues to use the Company's services after publication of the relevant changes, the User's will be deemed to have consented to the changes, unless the User objects to the changes within 10 days from publication. Section 2 Services 2.1 The services offered to the User on the Website are intended exclusively for his own personal, non-commercial use. The User shall use these services only for personal purposes. Any non-compliance will result in immediate exclusion and cancellation of the account. 2.2 Users of the Website may open an account on the Website. Section 3 Limited Right of Use The Company has the right to discontinue at any time and without prior notice the Website or any services offered on the Website, in whole or in part. Section 4 Charges 4.1 Use of the Website is free of charge. 4.2 The Company will expressly advise and request confirmation from the User, if charges should apply to any future products or services. Section 5 Advertising The Company has the right to feature advertising - including custom advertisements - on the Website in compliance with applicable laws. This right also extends to advertising by companies affiliated with the Company and advertising included in newsletters sent to the User by e-mail, provided that the User has agreed to receive newsletters. Section 6 Obligations of the User, Liability of the User 6.1 The User shall use the Website only for his/her own personal, non-commercial purposes. 6.2 The User agrees not to retrieve, store, process, modify, forward or make accessible to third parties any information from the Website, unless expressly permitted under these Terms and Conditions of Use. 6.3 If specific circumstances indicate that the User has violated applicable laws or rights of third parties, or if the Company otherwise has a rightful interest, including, without limitation, an interest in the protection of other users, the Company may take the following measures: Sending a warning to the User Limiting use of the Website The Company may limit use of the Website, in particular, if a user has provided false information, including, without limitation, a false or invalid e-mail address, if a user has breached provisions of sections 6.1 or 6.2, or if other circumstances provide good cause for limiting use of the Website. Section 7 Liability 7.1 The Company and affiliated telecommunication and network services providers assume no liability for any damages resulting from use or non-use of the Website. In particular, they assume no liability for any malfunctions or errors of the Website. This exclusion of liability shall extend, without limitation, to any warranties for defects in title, flaws, marketability, or suitability for a particular purpose in terms of the availability, accuracy, reliability or contents of the pages. The Company assumes no liability for any direct, indirect or accidental losses or for any consequential damages, lost profits or disruptions of business resulting from use or non-availability of the Website or the services offered on the Website. The foregoing shall apply even if the Company was informed of the potential for such losses or damages. 7.2 The Website and the platform/database on which it is based is offered subject to availability. The Company assumes no liability for any deletion of data or photographs entered into the database or for any failure to store such data or photographs. Moreover, the Company assumes no liability for any delayed or failed transmissions that may occur during communications between users. 7.3 The Company assumes no liability, in particular, for any damages resulting from any third-party actions affecting the User's system or resulting during data transfers from the User to the Company or from the Company to the User. 7.4 The contents of the Website are the responsibility of users. The Company assumes no liability for the accuracy, completeness, lawfulness or currentness of any contents. 7.5 The Company has no control over the design or contents of linked third-party websites and therefore makes no warranties with respect to the currentness, accuracy, completeness or lawfulness of such contents, and the Company hereby expressly states that it does not endorse such contents. 7.6 The User shall indemnify and hold harmless the Company from and against any and all valid claims brought by third parties against the Company based upon any breach of Section 6, including the costs of legal defense. 7.7 Any liability of the Company that may arise notwithstanding the foregoing provisions shall in each case be limited to damages caused by willful or grossly negligent actions or omissions of the Company, its representatives or agents, or resulting from a material breach of contract. Liability shall be limited to reasonably foreseeable damages, unless the Company is held liable for a breach of contract resulting from willful or grossly negligent actions or omissions. 7.8 In the event that the User has claims against the Company for loss or destruction of data, the liability of the Company shall be limited to the amount typically necessary to restore the lost or destroyed data despite regular, state-of-the-art data backups. 7.9 Any liability for wrongful harm to life, limb or health shall remain unaffected thereby. The same shall apply to any liability that attaches by operation of law in accordance with the German Products Liability Act. 7.10 The Company generally provides all information, advice and recommendations to the best of its knowledge. There is no primary or subsidiary obligation to provide any information, advice or recommendations. Therefore the Company also is not liable for any damages resulting from the User's acting on such information, advice or recommendations, unless liability is based on tort or other provisions of applicable law. Information, advice and recommendations may involve images or texts, irrespective of whether such information, advice or recommendations are accessible to the general public or provided to the User personally. 7.11 Except as provided herein, any liability of the Company for damages, whatever the legal grounds, is hereby excluded. Section 8 Data Protection Information about the type, extent, location and purpose of the collection, processing and use of personal data, including personal data necessary for the mailing of newsletters and advertisements by e-mail, by the Company, and about the User's right to disclosure and right to correct, block, revoke and delete personal data can be found in our Data Protection Policy. Section 9 Miscellaneous 9.1 Any modifications or amendments to these Terms and Conditions of Use ‒ including this clause ‒ must be in written form. 9.2 These Terms and Conditions of Use, as well as all contracts between the Company and the User, are subject to German law. Last revised: June 30, 2019 Copyright: JE International GmbH ‒ all rights reserved.