Legal Information
Shopboostr has become one of the leading agencies for the creation of successful online platforms and online marketplaces. We have already implemented more than 100 platforms and marketplaces and have been closely specializing in their development for several years.
Disclaimer
Liability for Content
As a service provider, we are responsible for our own content on these pages according to Section 7(1) of the German Telemedia Act (TMG) under general law. According to Sections 8 to 10 TMG, however, we as service providers are not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. Liability in this respect, however, is only possible from the point in time at which we become aware of a concrete legal violation. If we become aware of corresponding legal violations, we will remove such content immediately.
Liability for Links
Our offer contains links to external websites of third parties, over whose content we have no influence. Therefore, we cannot assume any guarantee for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. No unlawful content was recognizable at the time of linking. A permanent content control of the linked pages, however, is not reasonable without concrete indications of a legal infringement. Should legal violations become known, we will remove such links immediately.
Copyright
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, and any form of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon becoming aware of legal violations, we will remove such content immediately.
Privacy Policy
We reserve the right to adapt this Privacy Policy if the operation of our website requires it. Therefore, please regularly consult our website for the latest content.
1. Personal Data
According to Section 3(1) of the German Federal Data Protection Act (BDSG), personal data are any details about personal or material circumstances of a specific or identifiable natural person. This includes, for example, name, address, or email address.
2. Collection, Processing, and Use of Your Personal Data
2.1 You can generally use our website without providing personal data. Only technical data such as the name of your internet browser, the page from which you visit us, and the names of requested files are stored. These anonymous data do not allow any conclusions about your person and are only collected by us to improve our offering for you.
2.2 We collect, process, and use personal data only to the extent that you explicitly consent to it or when it is permitted by law.
2.3 The collected data will not be passed on to third parties without your explicit consent.
2.4 You can revoke your granted consents at any time.
2.5 If you contact us (for example by email or via our contact form), the information you provide will be stored for the purpose of processing the inquiry.
2.6 Under no circumstances do we, without your separate consent, combine data collected during your visit to our website with data obtained through the software we distribute.
3. Disclosure of Your Personal Data to Third Parties
We only disclose personal data to third parties if
- we are legally obliged to do so;
- this is necessary to enforce our rights.
4. Newsletter
If you use our newsletter service, we will store your email address and the confirmation that you agree to receive the newsletter. This is done so that we can send you the newsletter and document our permission to do so. You can revoke your consent to use the newsletter service at any time by clicking the corresponding link, which you will find in each of the emails mentioned.
5. Cookies
5.1 In order to make the use of our service appealing and to enable certain functions, we use so-called cookies on some pages. Cookies are small text files that are stored on your data carrier and that store certain settings and data for exchange with our system via your browser. There are two different types of cookies: so-called session cookies, which are deleted once you end your browser session, and temporary/permanent cookies, which are stored on your data carrier for a longer period. The cookie we use is a session cookie, which means the cookie is automatically deleted from your data carrier after your browser session ends (when you close your web browser). Setting the session cookie helps us make the usage process more user-friendly and secure. No personal data is stored in this process. Based on the information contained in the cookie, you cannot be identified.
5.2 Third parties are not allowed to collect, process, or use personal data via our website by means of cookies, unless otherwise described in this Privacy Policy. Insofar as we allow cookies to be set by third parties in individual cases, they only collect anonymous data, which do not allow any conclusion about your person.
5.3 You have the option to prevent cookies from being saved on your computer by adjusting your browser settings accordingly, although this may limit the functionality of our services.
6. Right to Information and Other Rights
6.1 You can request information at any time, free of charge, about the data we have stored about you.
6.2 Under statutory regulations, you may also have the right to correct, block, or delete your data.
7. Data Security
7.1 Our employees are obligated to maintain confidentiality and comply with data protection regulations.
7.2 Please note that a completely secure transfer of data on the Internet cannot be guaranteed. Our high security standards can only be fully effective once the data has reached our servers.
8. Use of Facebook Plugins (Like Button)
Plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the “Like Button” (“Gefällt mir”) on our page. When you visit our pages, a direct connection is established via the plugin between your browser and the Facebook server. Facebook thus receives the information that you visited our page with your IP address.
If you click the Facebook “Like Button” while logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate your visit to our pages with your user account. We point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or of how Facebook uses it. For more information, please refer to Facebook’s Privacy Policy at https://de-de.facebook.com/policy.php
If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook account.
You can prevent the storage of cookies by setting your browser software accordingly; however, we point out that, in this case, you may not be able to use all the functions of this website in full. In addition, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
9. Use of Twitter
Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transferred to Twitter in this process. We point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it is used by Twitter. For more information, please refer to Twitter’s Privacy Policy at https://twitter.com/privacy.
10. Use of Google +1
Collection and dissemination of information: With the help of the Google +1 button, you can publish information worldwide. Through the Google +1 button, you and other users receive personalized content from Google and our partners. Google stores both the information that you have given +1 for a piece of content and information about the page that you viewed when you clicked +1. Your +1 can appear along with your profile name and photo in Google services, such as in search results or in your Google profile, or in other places on websites and ads on the internet. Google records information about your +1 activities to improve Google’s services for you and others. To use the Google +1 button, you need a globally visible, public Google profile that must contain at least the name you chose for the profile. This name will be used in all Google services. In some cases, this name can also replace another name that you have used when sharing content through your Google account. The identity of your Google profile can be shown to users who know your email address or have other identifying information about you.
Use of the collected information: In addition to the uses explained above, the information you provide is used in accordance with Google’s applicable data protection policies. Google may publish summarized statistics about the +1 activities of users, or share them with users and partners, such as publishers, advertisers, or affiliated websites.
11. Use of LinkedIn
This website uses the “LinkedIn Share Button,” offered by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. When calling up the webpage, your browser briefly establishes a connection to servers of LinkedIn Corporation (“LinkedIn”), which provide the “LinkedIn Share Button” functions. We therefore have no influence on the extent of data that LinkedIn collects with the help of this plugin. According to our information, only the IP address of your connection as well as the URL of our website is transmitted when the “LinkedIn Share Button” is obtained, but it is not used for any purposes other than displaying the button.
In this way, LinkedIn receives the information that you have opened our website with your IP address. If you are a LinkedIn member and do not want LinkedIn to collect data about you via our website and link this data to your member data stored with LinkedIn, you must log out of your LinkedIn account before visiting our website and delete any existing cookies from your browser.
By clicking the “LinkedIn Share Button” while you are logged into your LinkedIn account, you can link content from our website to your LinkedIn profile. This allows LinkedIn to associate your visit to our website with your user account. We would like to point out that, as the provider of this website, we have no knowledge of the content of the data transmitted nor of how LinkedIn uses it. No further storage or disclosure of your personal data by us takes place. Further details on the “LinkedIn Share Button” and additional information about data collection (scope, use, further processing, purpose, etc.) and your configuration options can be found in LinkedIn’s Privacy Policy: https://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv
12. Responsible Entity and Contact
12.1 The responsible entity for the collection, processing, and use of your personal data according to Section 3 of the BDSG is
Shopboostr A service of Digital Faktor GmbH Managing Director: Dimitri Haussmann Blütenstraße 15 80799 Munich Germany
12.2 If you have any questions regarding the collection, processing, or use of your personal data, or if you wish to request information, correction, blocking, or deletion of data, please contact us at the address above or at: info@shopboostr.de
Contact Person
Dimitri Haußmann
Managing Director
Munich Office
Germany
Contact details:
Phone: +49 / 30 403631 27
Email: info@shopboostr.de
Berlin Office
Germany
Contact details:
Phone: +49 / 30 403631 27
Email: info@shopboostr.de
General Terms and Conditions
General Terms and Conditions of Digital Faktor GmbH; as of 01/2017
1. Scope
1.1 Digital Faktor GmbH, Blütenstraße 15, 80799 Munich (“Shopboostr”), provides its customers with various software solutions in the digital sector (“Software”).
1.2 Depending on a separate agreement with the customer, Shopboostr makes the Software available on specially configured servers and provides services related to the Software (the “Services”).
1.3 The following General Terms and Conditions (“GTC”) apply exclusively to the provision of Software and the Services (the “Contractual Services”) by Shopboostr, unless otherwise agreed. Other contractual terms and conditions shall not become part of the contract, even if Shopboostr does not expressly object to them. Even if no further reference is made to this in the conclusion of similar contracts, these General Terms and Conditions in their version available at the time the customer submits its declaration shall apply exclusively, unless the contracting parties agree otherwise in writing.
2. Services Provided by Shopboostr
2.1 Shopboostr provides Software and Services (“Contractual Services”) according to the descriptions contained in Shopboostr’s contract offer to the customer. In addition, the price overview of Shopboostr in its version current at the time the offer is created by Shopboostr applies.
2.2 Shopboostr provides the Contractual Services in accordance with the current state of the art. Shopboostr continuously develops the Software in terms of quality and modernity, processes errors in order to maintain the required quality, and provides the customer with any new versions of the Software created in this process. This also includes feature enhancements. Shopboostr reserves the right to modify or remove certain features of the Software if this is deemed necessary according to the state of the art and in the interest of all Software users.
2.3 Shopboostr is entitled to use third parties to perform the Contractual Services.
2.4 Shopboostr is entitled to use data obtained through the Software for its own business purposes (particularly for product improvement), provided that the data is collected anonymously and cannot be traced back to a particular person or customer.
2.5 Shopboostr grants the customer the necessary rights of use, as a simple right of use, to utilize the Software in accordance with the offer. The customer is not entitled to pass on the Software or parts thereof to a third party or to allow a third party to use it without Shopboostr’s written consent.
3. Duties and Obligations of the Customer
3.1 The customer is solely responsible for the data, texts, links, information, images and/or any other materials contained in or produced by its online offering (“Content”), and ensures that it is authorized to use such Content.
3.2 The customer is obligated to protect the Software against access by unauthorized third parties through appropriate measures, especially by storing all copies of the Software in a secure location.
3.3 Insofar as Shopboostr provides training, consulting, or installation services, the customer must ensure that the necessary prerequisites on the customer’s side are fulfilled, in particular that the required premises and infrastructure, documents, and personnel are provided. If the customer does not properly fulfill its obligations to cooperate under sentence 1, the contractual performance deadlines of Shopboostr shall be extended appropriately. Shopboostr may charge the additional effort caused by the delay, especially for extended provision of its own staff or resources.
3.4 If the customer culpably breaches its contractual obligations, it shall indemnify Shopboostr internally against all damages incurred by Shopboostr as a result of claims by third parties.
3.5 The customer may only transfer rights and obligations arising from or in connection with this contract to third parties with the written consent of Shopboostr.
3.6 The customer is obliged to inform any user of its online offerings who is affected by data collection by Shopboostr, in a privacy policy or in a comparable manner, using the attached sample text, about the data collection by Shopboostr.
4. Terms of Payment
4.1 Shopboostr will send the customer an invoice at the end of each month for the Software made available and the Services rendered. The invoice amounts are due without deduction within 10 days of receipt of the invoice. All prices are net plus the respective statutory VAT.
4.2 The customer will be in default of payment if it does not render payment within 10 days after receipt of an invoice or an equivalent payment request from Shopboostr.
4.3 In case of the customer’s default in payment, Shopboostr is entitled to suspend its Contractual Services until the default in payment is fully resolved.
5. Duration and Termination of the Contractual Relationship
5.1 Maintenance contracts are concluded for a term of 3 months. Shopboostr and the customer may terminate the contract with four weeks’ notice to the end of any month, but not before the end of the third contract month. If the contract is not terminated at the end of the contract period, it will be automatically extended by another 3 months in each case.
5.2 The right to extraordinary termination remains unaffected. An important reason that entitles Shopboostr to extraordinary termination exists in particular if the customer violates Shopboostr’s rights of use by using the Software beyond the scope permitted by this contract and does not remedy the violation within a reasonable period following a warning from Shopboostr.
5.3 Any termination must be made in writing in accordance with Section 126 of the German Civil Code (BGB).
6. Liability
6.1 Shopboostr’s liability is unlimited – in cases of intent or gross negligence, – for injury to life, limb, or health, – under the provisions of the Product Liability Act, and – to the extent covered by a guarantee assumed by Shopboostr.
6.2 In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), Shopboostr’s liability is limited in amount to the damage foreseeable and typical for this type of transaction.
6.3 There is no further liability on the part of Shopboostr. In particular, there is no liability on the part of Shopboostr for initial defects, unless the conditions of Sections 6.1 or 6.2 apply.
6.4 The above limitation of liability also applies to personal liability of employees, representatives, vicarious agents, and corporate bodies of Shopboostr.
6.5 If Shopboostr does not render the Contractual Services in a timely manner, the assertion of claims against Shopboostr is excluded to the extent that the reasons for the delay and the elimination thereof are not within Shopboostr’s sphere of power and influence (e.g. labor dispute, force majeure, unavoidable influence by third parties).
6.6 Shopboostr is not liable for the loss of data and/or programs insofar as the damage is due to the customer’s failure to perform regular data backups and thereby ensure that lost data can be restored with reasonable effort. Claims for damages cannot be derived by the customer against Shopboostr for downtime during necessary maintenance work, unless the conditions of Sections 6.1 or 6.2 apply. Shopboostr endeavors to keep downtime caused by maintenance as minimal as possible, within the scope of existing technical and operational possibilities.
6.7 The customer is obligated to notify Shopboostr in writing without delay of any damages within the meaning of the above liability provisions or to have Shopboostr record such damages so that Shopboostr is informed at the earliest possible stage and can potentially mitigate the damages together with the customer.
6.8 Shopboostr is not liable to the customer for the economic success of the Contractual Services.
7. Confidentiality
Shopboostr and the customer are obliged to treat all knowledge gained of the other party’s business processes in connection with the contractual relationship as confidential. Customers may not use or make available to third parties the products delivered by Shopboostr or the services provided outside of their own business operations without Shopboostr’s written approval.
8. Set-Off and Right of Retention by the Customer
The customer may only set off undisputed or legally established claims against claims of Shopboostr. The customer may only exercise rights of retention if its counterclaim is undisputed or legally established.
9. Final Provisions
9.1 Shopboostr reserves the right to change these GTC at any time if there is a significant reason for doing so, in particular due to a change in the legal situation or a technical adjustment, and if the customer is not unreasonably disadvantaged. The changes will be communicated to the customer in writing or by email at least four weeks before they come into effect. The changes become effective if the customer does not object in writing or by email within four weeks of receipt of the changed GTC, and if Shopboostr has informed the customer of this legal consequence in the change notice. Otherwise, changes require the customer’s express consent. For free-of-charge services, Shopboostr is entitled to change the GTC at any time, to repeal them, or to replace them with other GTC.
9.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and place of jurisdiction for all disputes arising from or in connection with this contract is Berlin for contracts with merchants.
9.3 Amendments and supplements to the contract must be in writing to be valid. The requirement for written form can only be waived in writing.
9.4 Should individual provisions of this contract be invalid, the validity of the remaining provisions shall generally remain unaffected. The contractual parties will strive to find a provision that comes closest to the contractual objective legally and economically to replace the invalid provision.