eu-commission online dispute resolution:
terms and conditions
daseinundsein.com agrees not to disclose any information provided to us to third parties. this information remains confidential, and will firstly be used by our internal departments to process and deliver your order.
all texts, information, articles, illustrations, and images produced on the daseinundsein.com website are all rights reserved. as such, in accordance with the intellectual property code, only private use is tolerated. any other use constitutes infringement and is punishable under intellectual property laws unless daseinundsein.com gives permission before use. total or partial reproduction of the daseinundsein.com catalog is strictly prohibited. all rights reserved.
links to other sites
daseinundsein.com contains links to third-party web sites that are maintained by others. the company is not responsible for the content of linked third-party websites. if you decide to access linked third-party web sites, you do so at your own risk.
we are not liable in case of loss that are not incurred by breach in contract or an act of negligence by us, neither for cases of indirect loss incurred as part of a main loss or damage that could not be reasonably foreseen by you and us. also, we are not liable if we do not meet obligations stated in the terms and conditions affiliated to events that lie beyond our possibilities in human terms of influence.
choice of law and place of jurisdiction
the purchase contract and any other legal relation between you and daseinundsein.com shall be exclusively construed and governed by the laws of the federal republic of germany without regard to the laws that would otherwise apply under applicable choice of law principles and under exclusion of the united nations convention on contracts for the international sale of goods. if you are a customer, this choice of law only applies as far as it does not elude the obligatory rules of consumer protection of the state of your habitual residence.
if you are a merchant (kaufmann), the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the place of business of daseinundsein.com. the same applies if you do not have a general place of jurisdiction within the european union or if your habitual residence is unknown at the time of filing of a lawsuit.
the invalidity of any of the provisions contained in these general terms and conditions shall not affect the validity of the remaining provisions. italicized terms in brackets are clarifying translations of the preceding terms into german language.
types of processed data
– inventory data (e.g., names, addresses)
– contact information (e.g., e-mail addresses, phone numbers)
– content data (e.g., text input, photographs, videos)
– usage data (e.g., websites visited, interest in content, access times)
– meta/communication data (e.g., device information, ip addresses)
categories of affected persons
visitors and users of the online platforms (from now on we refer to the affected persons as „users“).
purpose of processing
– provision of the online platforms, its functions, and contents
– answering contact requests and communicating with users
– safety measures
– reach measurement/marketing
„personal data“ means any information relating to an identified or identifiable natural person (hereinafter the „data subject“); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more particular features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person. „processing“ means any process performed with or without the aid of automated procedures or any such process associated with personal data. the term goes far and includes virtually every handling of data. „pseudonymization“ means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided. such additional information is kept separate and subject to technical and organizational measures, to ensure that the personal data is not assigned to an identified or identifiable natural person. „profiling“ means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health or personal interest to analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person. „person responsible“ means the natural or legal person, public authority, or body that decides, alone or in consent with others, on the purposes and means of processing personal data. „processor“ means a natural or legal person, public authority, agency or another body that processes personal data on behalf of the controller.
relevant legal bases
following art. 13 gdpr, we inform you about the legal basis of our data processing. unless the legal basis in the data protection declaration is mentioned, the following applies: the legal basis for obtaining consent is article 6 (1) lit. a and art. 7 dsgvo, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is art. 6 (1) lit. b dsgvo, the legal basis for processing in order to fulfill our legal obligations is art. 6 (1) lit. c dsgvo and the legal basis for processing in order to safeguard our legitimate interests in article 6 (1) lit. f dsgvo. if vital interests of the data subject or another natural person require the processing of personal data, art. 6 para. 1 lit. d dsgvo stands as a legal basis.
we take appropriate technical measures following art. 32 gdpr, taking into account the state of the art, the implementation costs and the nature, scope, circumstances, and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability, and separation. we have also set up procedures to ensure the enjoyment of subject data rights, data deletion, and data vulnerability. furthermore, we consider the protection of personal data already in the development, or selection of hardware, software, and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (article 25 dsgvo).
collaboration with processors and third parties
if in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, is required by payment service providers, pursuant to art. 6 (1) (b) gdpr to fulfill the contract), you have consented to, a legal obligation or based on our legitimate interests (e.g. the use of agents, web hosts, etc.). if we commission third parties to process data by a so-called „contract processing contract,“ this is done on the basis of art. 28 gdpr.
transfers to third countries
if we process data in a third country (i.e. outside the european union (eu) or the european economic area (eea)) or in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or the basis of our legitimate interests. subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the particular conditions of art. 44 et seq. dsgvo. that means that the processing is carried out on the basis of, e.g., specific guarantees, such as the officially recognized level of data protection (e.g., for the us through the privacy shield) or compliance with officially recognized special contractual obligations (so-called „standard contractual clauses“).
rights of data subjects
you have the right to ask for confirmation as to whether the data in question is being processed, and for information about this data, as well as for further information and a copy of the data by art. 15 gdpr. according to art. 16 dsgvo you have the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
following art. 17 gdpr, you have the right to demand that the relevant data be deleted immediately or to require a restriction of the processing of data following art. 18 gdpr.
you have the right to demand that the data relating to you, which you have provided to us, be obtained following art. 20 gdpr and request their transmission to other persons responsible.
according to gem. art. 77 dsgvo you have the right to file a complaint with the competent supervisory authority.
you have the right to withdraw granted consent following. art. 7 para. 3 dsgvo with effect on the future. you can object to the future processing of your data following art. 21 gdpr at any time. the objection may, in particular, be made against processing for direct marketing purposes.
cookies and right to object in direct mail
„cookies“ are small files that are stored on users‘ computers. different information can be stored in the cookies. a cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. temporary cookies, or „session cookies“ or „transient cookies,“ are cookies that are deleted after a user leaves an online service and closes his browser. in such a cookie, e.g., the contents of a shopping cart in an online shop or a login status are saved. the term „permanent“ or „persistent“ refers to cookies that remain stored even after the browser has been closed. thus, e.g., the login status will be saved if users visit it after several days. likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. a „third-party cookie“ refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called „first-party cookies“).
if users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. saved cookies can be deleted in the system settings of the browser. the exclusion of cookies can lead to functional restrictions of this online offer.
deletion of data
according to legal requirements in germany, the storage takes place in particular for 10 years according to §§ 147 abs. 1 ao, 257 abs. 1 nr. 1 and 4, abs. 4 hgb (books, records, management reports, accounting documents, trading books, relevant for taxation documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 hgb (commercial letters).
according to legal regulations in austria the storage takes place especially for 7 years according to § 132 paragraph 1 bao (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in eu member states and for which the mini-one-stop-shop (moss) is used.
administration, financial accounting, office organization, contact management
we process data in the context of administrative tasks and organization of our business, financial accounting, and compliance with legal obligations, such as archiving. in doing so, we process the same data that we process in the course of rendering our contractual services. the processing principles are art. 6 para. 1 lit. c. dsgvo, art. 6 para. 1 lit. f. dsgvo. the processing affects customers, prospects, business partners and website visitors. the purpose and interest in processing lie in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. the deletion of the data regarding contractual performance and contractual communication corresponds to the information provided in these processing activities. when disclosing or submitting data to the financial administration, consultants, such as tax accountants or auditors, as well as other free agents and payment service providers. furthermore, based on our business interests, we store information about suppliers, promoters, and other business partners, e.g., for later contact. we generally store predominantly company-related data permanently.
business analysis and market research
in order to operate our business economically, to recognize market trends, wishes of the contractors and users, we analyze the data available to us for business transactions, contracts, inquiries, etc. we process stock data, communication data, contract data, payment data, usage data, metadata based on the nature 6 para. 1 lit. f. dsgvo, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer. the analyzes are carried out for business analysis, marketing, and market research. in doing so, we can provide the profiles of registered users with information, e.g., take into account their services. the analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. the analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes. if these analyzes or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. incidentally, the overall business analyzes and general trend provisions are created anonymously, if possible.
when contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user is processed under art. 6 para. 1 lit. b) dsgvo to process the contact request. user information can be stored in a customer relationship management system („crm system“) or a comparable request organization. we delete the requests if they are no longer required. we check the necessity every two years; furthermore, the legal archiving obligations apply.
online presence in social media
integration of services and contents of third parties
based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online platforms within the meaning of art. 6 (1) lit. dsgvo), we make use of content or services offered by third-party providers in order to provide their content and services, such as videos or fonts (collectively referred to as „content“). this always presupposes that the third-party providers of this content perceive the ip address of the users since they could not send the content to their browser without the ip address. the ip address is therefore required for the presentation of this content. we endeavor to use only content whose respective providers use the ip address solely for the delivery of the content. third parties may also use so-called pixel tags (invisible graphics, also referred to as „web beacons“) for statistical or marketing purposes. the „pixel tags“ can be used to evaluate information such as visitor traffic on the pages of this website. the pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online platforms.
Will I be able to keep my strength? What is weakness? What will change when everything’s changed? How can we exist without self-doubts? What does to man up really mean? I won’t change, no matter what people say. I will never let you down. Shall I accept, or reject? What is this existence all about? Why is everyone looking, searching? We all think we know, but what do we really know? Schön ist wer ist. Vulnerability is strength.