Thank you for your interest in our website www.shopboostr.de. We take the protection of your personal data very seriously and would like to inform you below about how we handle this data. Of course, we comply with all data-protection regulations.

We reserve the right to adapt this privacy policy if the operation of our website makes this necessary. Please therefore check our website regularly for the current content.

1. Personal Data

Personal data, as defined in § 3 para. 1 BDSG, are individual details about the personal or factual circumstances of a specific or identifiable natural person. These include, 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 collected by us only to improve our offer for you.
2.2 We collect, process and use personal data only insofar as you expressly consent or this is permitted by law.

2.3 The data collected will not be passed on to third parties without your express consent.

2.4 You can revoke any consent you have given at any time.

2.5 If you contact us (for example by email or via our contact form), your details will be stored for the purpose of processing the inquiry.

2.6 Under no circumstances do we combine data collected during your visit to our website with data we obtain through the software we distribute without your separate consent.

3. Transfer of Your Personal Data to Third Parties

We transfer personal data to third parties only if

• we are legally obliged to do so; or
• this is necessary to enforce our rights.

4. Newsletter

If you subscribe to our newsletter service, we store your email address and your confirmation that you agree to receive the newsletter. This is done so that we can send you the newsletter and document our authorization to do so. You can revoke your consent to receive the newsletter at any time; simply click the corresponding link found in each of the emails mentioned.

5. Cookies

5.1 To make the use of our service attractive and to enable the use of certain functions, we use so-called cookies on some pages. Cookies are small text files that are stored on your data carrier and store certain settings and data to exchange with our system via your browser. There are two different types of cookies: session cookies, which are deleted as soon as 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, meaning it 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 are stored; you therefore cannot be identified from the information contained in the cookie.
5.2 Third parties are not permitted to collect, process or use personal data via cookies through our website unless otherwise described in this privacy policy. If we allow cookies to be set by third parties in individual cases, they collect only anonymous data that do not allow any conclusions about your person.

5.3 You have the option of preventing cookies from being stored on your computer through appropriate browser settings, although this may restrict the functionality of our offer.

6. Right of Access and Other Rights

6.1 You can obtain information about your data stored by us at any time free of charge.
6.2 If applicable, you also have a right to rectification, blocking or deletion of your data under statutory provisions.

7. Data Security

7.1 Our employees are obliged to maintain confidentiality and comply with data-protection regulations.
7.2 Please note that completely secure data transmission on the internet cannot be guaranteed. Our high security standards can only take effect once the data have reached our servers.

8. Use of Facebook Plugins (Like Button)

Our pages include plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognize the Facebook plugins by the Facebook logo or the “Like Button” (“Gefällt mir”) on our site. When you visit our pages, a direct connection between your browser and the Facebook server is established via the plugin. Facebook thereby receives the information that you have visited our site 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. Facebook can thus associate the visit to our pages with your user account. We point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how Facebook uses them. For more information, please see Facebook’s privacy policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

You can prevent cookies from being stored by selecting the appropriate settings in your browser software; however, please note that in this case you may not be able to fully use all the functions of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of these data by Google by downloading and installing the browser plugin available at 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 are also transmitted to Twitter. We point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how Twitter uses them. For more information, please see Twitter’s privacy policy at https://twitter.com/privacy.

10. Use of Google +1

Collection and dissemination of information: With the Google +1 button you can publish information worldwide. The Google +1 button gives you and other users 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 you were viewing when you clicked +1. Your +1 can appear together with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and ads on the internet. Google records information about your +1 activities to improve Google 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 chosen for the profile. This name is used across all Google services. In some cases, this name may also replace another name that you have used when sharing content via your Google account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.
Use of the collected information: In addition to the purposes explained above, the information you provide is used in accordance with the applicable Google privacy policy. Google may publish summarized statistics about the +1 activities of users and may pass these on to 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 the website is accessed, your browser briefly connects to servers of LinkedIn Corporation (“LinkedIn”) to provide the functions of the “LinkedIn Share Button.” We therefore have no influence on the scope of data LinkedIn collects with this plugin. According to our information, only the IP address of your connection and the URL of our website are transmitted when the “LinkedIn Share Button” is retrieved, and they are used only to display the button.
In this way LinkedIn receives the information that you have accessed 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 it with your LinkedIn member data stored at LinkedIn, you must log out of LinkedIn before visiting our website and delete any existing cookies from your browser.

By clicking the “LinkedIn Share Button” while logged into your LinkedIn account, you can link content from our website to your LinkedIn profile. In this way, LinkedIn can associate the visit to our website with your user account. We point out that we, as the provider of this website, have no knowledge of the content of the transmitted data or how LinkedIn uses them. No further storage or disclosure of your personal data by us takes place. Further details about the “LinkedIn Share Button” and additional information on data collection (scope, use, further processing, purpose of use, etc.) and your configuration options can be found in the LinkedIn privacy notice: https://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv

12. Controller and Contact

12.1 The controller for the collection, processing and use of your personal data pursuant to § 3 BDSG is
Shopboostr

A Service of Digital Faktor GmbH

Managing Director: Dimitri Haußmann

Blütenstraße 15

80799 Munich, Germany

12.2 If you have questions regarding the collection, processing or use of your personal data, or if you require information, rectification, blocking or deletion of data, or wish to revoke granted consent, please contact the address above or: info@shopboostr.de

General Terms and Conditions of Digital Faktor GmbH; Version 01/2017

1. Scope

1.1 Digital Faktor GmbH, Blütenstraße 15, 80799 Munich, Germany (“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 Software available on specially configured servers and provides services related to the Software (the “Services”).

1.3 These General Terms and Conditions (“GTC”) apply exclusively to the provision of Software and the rendering of Services (the “Contractual Services”) by Shopboostr, unless otherwise agreed. Other terms and conditions do not become part of the contract, even if Shopboostr does not expressly object to them. Even if reference is not made to this again when similar contracts are concluded, these GTC in the version available at the time of the customer’s declaration shall apply exclusively, unless the contracting parties agree otherwise in writing.

2. Services of Shopboostr

2.1 Shopboostr provides Software and renders Services (“Contractual Services”) in accordance with the descriptions contained in Shopboostr’s offer to the customer. In addition, Shopboostr’s price list in the version available at the time of the offer shall apply.
2.2 Shopboostr renders the Contractual Services according to the current state of the art. Shopboostr develops the Software further in terms of quality and modernity, remedies defects to maintain the agreed quality and provides the customer with new versions of the Software arising therefrom. Functional extensions are included. Shopboostr reserves the right to change or remove certain functions of the Software if this appears necessary according to the state of the art and in the interest of all users of the Software.

2.3 Shopboostr is entitled to employ third parties to fulfil the Contractual Services.

2.4 Shopboostr is entitled to use the data obtained via the Software for its own business purposes (in particular for product improvement), provided the data are collected anonymously and cannot be traced back to a specific person or customer.

2.5 Shopboostr grants the customer the necessary rights of use to the Software as a simple (non-exclusive) right, as specified in the offer. The customer is not entitled, without Shopboostr’s written consent, to pass the Software or parts thereof on to third parties or to enable third parties to use it.

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 (“Content”) contained or produced in its online offering and warrants that it is entitled to use the Content.
3.2 The customer is obliged to secure the Software against access by unauthorised third parties using suitable measures, in particular to keep all copies of the Software in a secure place.

3.3 Insofar as Shopboostr provides training, consulting or installation services, the customer must ensure that the necessary prerequisites on its side are met, in particular that the required premises and infrastructure, documents and personnel are provided. If the customer does not properly fulfil its duties to cooperate, the execution deadlines agreed with Shopboostr shall be extended appropriately. Shopboostr may charge the additional expenses caused by the delay, in particular for the extended provision of its own personnel or resources.

3.4 If the customer culpably breaches its contractual obligations, it shall reimburse Shopboostr internally for all damages arising from claims by third parties against Shopboostr.

3.5 The customer may transfer rights and obligations arising from or in connection with this contract to third parties only with Shopboostr’s written consent.

3.6 The customer is obliged to inform every user of its online offerings who is affected by data collection by Shopboostr, within a privacy policy or in a comparable manner using the attached sample text, about the data collection by Shopboostr.

4. Payment Terms

4.1 Shopboostr will send the customer an invoice at the end of each month for the Software provided and the Services rendered. Invoice amounts are due within 10 days of receipt of the invoice without deduction. All prices are exclusive of VAT at the applicable statutory rate.
4.2 The customer is in default of payment if it does not pay within 10 days after receiving an invoice or equivalent payment request from Shopboostr.

4.3 In the event of payment default by the customer, Shopboostr is entitled to suspend the rendering of its Contractual Services until the default is fully remedied.

5. Term and Termination of the Contractual Relationship

5.1 Maintenance contracts are concluded for a term of three 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. Without termination at the end of the contract term, the contract is automatically extended by another three months.
5.2 The right to extraordinary termination remains unaffected. An important reason entitling Shopboostr to extraordinary termination exists in particular if the customer infringes the usage rights of Shopboostr by using the Software beyond the scope permitted under this contract and fails to remedy the infringement within a reasonable period after being warned by Shopboostr.

5.3 Any termination must be in writing pursuant to § 126 BGB.

6. Liability

6.1 Shopboostr is liable without limitation – 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 of any guarantee assumed by Shopboostr.
6.2 In the event of slight negligence in breaching a duty essential to achieving the purpose of the contract (cardinal duty), the liability of Shopboostr is limited to the damage foreseeable and typical for the type of transaction concerned.

6.3 Further liability of Shopboostr does not exist. In particular, Shopboostr is not liable for initial defects unless the conditions of sections 6.1 or 6.2 apply.

6.4 The above limitation of liability also applies to the personal liability of Shopboostr’s employees, representatives, vicarious agents and organs.

6.5 Should Shopboostr fail to render the Contractual Services on time, claims against Shopboostr are excluded to the extent that the reasons for the delay and their elimination are outside the sphere of influence of Shopboostr (e.g. labour disputes, force majeure, unavoidable influence of third parties).

6.6 Shopboostr is not liable for loss of data and/or programs to the extent that 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. Customers cannot derive claims for damages against Shopboostr from the loss of usability during necessary maintenance, unless the conditions of sections 6.1 or 6.2 apply. Shopboostr strives to keep maintenance-related outages as short as technically and operationally possible.

6.7 The customer is obliged to report any damage as defined in the above liability provisions to Shopboostr in writing without delay or have it recorded by Shopboostr, so that Shopboostr is informed as early as possible and can, if necessary, cooperate with the customer to mitigate damage.

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 of the other party’s business processes obtained within the scope of the contractual relationship as confidential. Customers may not use products supplied or services rendered by Shopboostr outside their own business operations or make them available to third parties without Shopboostr’s written consent.

8. Set-Off and Right of Retention of the Customer

The customer may only set off undisputed or legally established claims against claims of Shopboostr. The customer may exercise rights of retention only if its counterclaim is undisputed or legally established.

9. Final Provisions

9.1 Shopboostr reserves the right to amend these GTC at any time, provided there is a substantial reason, in particular due to a change in legal situation or a technical adjustment, and provided 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 take effect. The changes become effective if the customer does not object in writing or by email within four weeks after receipt of the amended GTC and Shopboostr has informed the customer of this legal consequence in the change notice. Otherwise, changes require the express consent of the customer. For free services, Shopboostr is entitled to amend, cancel or replace the GTC at any time.
9.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction for all disputes arising from and in connection with this contract is Berlin for contracts with merchants.

9.3 Amendments and additions to the contract must be in writing to be effective. The requirement of written form can only be waived in writing.

9.4 Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties will endeavour to replace the invalid provision with one that comes closest to the contractual objective in legal and economic terms.