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General Terms and Conditions
Section 1 – Provider, inclusion by reference of the General Terms and Conditions
(1) The Provider and contractual partner for the goods and services presented on our pages bikablo.com and online.bikablo.com, as well as in our app, is bikablo GmbH & Co. KG, Lüderichstr. 2-4, 51105 Köln, phone (0221) 98 55 90 20, fax (0221) 98 55 90 29, e-mail firstname.lastname@example.org (referred to hereinbelow as the “Provider”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Services offered and conclusion of contract
(1) The offer on our websites includes digital content as well as various online services, as well as workshops and training programmes, in digital form via the internet or as face-to-face events. The colors of digital content shown on the website may vary slightly depending on your internet browser and screen settings; these variations are technically unavoidable.
(2) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.
(3) We are making a binding offer for the digital content and services presented in the shop. By transmitting the order using the button “buy now” you accept the offer. We shall confirm the conclusion of the contract by e-mail (contract confirmation).
(4) Before finally placing the offer, you are shown an overview of the data recorded for your order, including the essential characteristics of the digital content or service. At this point, you may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(5) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing.As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 – Prices and payment
(1) All product prices are total prices. Prices include VAT.
(2) The respective possible payment method is displayed in the product description. Your payments may also be accepted on our behalf by elopage GmbH (Kurfürstendamm 208, 10719 Berlin, Germany – hereinafter: “elopage”). In this case, elopage will forward the amount paid to us.
(3) If offered in individual cases in the booking process, you can alternatively pay by bank transfer on account. If you have chosen this payment method, we will send you our invoice by e-mail immediately after conclusion of the contract. The payment period is 14 days from receipt of the invoice. Please note that we will not provide our service until the invoice has been paid in full. Furthermore, we reserve the right to withdraw from the contract if you are in default of payment. We have authorised elopage GmbH, whose bank details are shown on the invoice, to receive your payment.
(4) We will only provide our services once you have made your payment. For live online training or face-to-face training, you must have initiated payment in full by the start of the booked service at the latest.
(5) For services provided towards customers outside the European Union, the Customer may be obliged to pay import tax to his local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.
Section 4 – Digital contents
(1) A product that we offer as digital content is not sent by post. We make the content available to you by email, download or other means. Retrieval is also possible online in the bikablo app via an elopage user account.
(2) If you order as a consumer and expressly consent that the contract shall be performed already before expiration of the withdrawal period and you acknowledge that you thereby lose your right of withdrawal, we shall deliver the digital content immediately. In all other cases, we shall deliver the digital content after expiration of the withdrawal period.
(3) The reception of digital content requires that the recipient has an internet connection. We point out that the Customer’s network provider may charge extra costs for the data traffic; we have no means of influencing them.
(3) If we make the digital content available for download and in an elopage user account, we guarantee an up-time of the download server of 99% on average over a calendar month as well as provision of the content for a total of 24 months from payment.
Section 5 – bikablo app
(1) You cannot obtain our app directly from us, but only via the Apple App Store (Apple Inc., 1 Apple Park Way, Cupertino, CA 95014, USA) or the Google Play Store from Google (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). For obtaining our app via the Apple App Store or the Google Play Store, their respective contract and data protection conditions apply.
(2) Insofar as our services are provided by means of software, you are not entitled to delivery of the source code or a locally installable version of the software itself; we only owe access to the user interface of the software limited to the term of the contract (“software as a service”).
(4) We make the app available for use free of charge. There is no legal claim to the possibility of use.
Section 6 – Community/platform access
Section 7 – Live online sessions
(1) If you book an online course, you will receive access details from us by e-mail. You must enter these access details at the beginning of the online course to be able to participate.
(2) It is your responsibility to keep the access details protected from access by third parties. As soon as a third party uses your access details, you can no longer participate yourself in the booked online course.
(3) Your participation in an online course requires that you have an internet-capable device and an internet connection with a download bandwidth of at least 6 MBit/s. If the course is interactive and you want to transmit your camera image and sound to the lecturer and the other course participants, you will also need a suitable webcam and microphone as well as an upload bandwidth of at least 6 MBit/s.
(4) Live online sessions are no distance learning in terms of § 1 FernUSG (German Distance Learning Act).
(5) Recording video and/or audio data of a live online session is not permitted.
Section 8 – In-person events
(1) The content, location and dates of the in-person event offered by us can be found in the respective offer description on our website.
(2) Unless stated in the respective offer description of the in-person events, the event will take place at our business address (Lüderichstr. 2-4, 51105 Cologne, Germany).
(3) During In-person events, the making of photo, film or audio recordings is not permitted unless we expressly consent to this.
Section 9 – Your right ot cancellation and our reservation of cancellation in the event of a minimum number of participants
(1) For live online courses and in-person events, we grant you a contractual right of cancellation subject to the following conditions: If you inform us in writing (e.g. by e-mail or fax) by the 30th day before the start of the course that you wish to cancel your booking, we will refund 90% of the event price. You will receive a corresponding correction invoice. This right of cancellation does not restrict the consumer’s right of withdrawl – insofar as you are entitled to such a right – but applies additionally in your favour.
(2) If we specify a minimum number of participants in a description of an offer for a live online course or an in-person event, we reserve the right to cancellation of the contract for this offer in the event that the bookings for this offer do not reach the minimum number of participants.
If we do not specify a minimum number of participants in the offer description for a live online course or an in-person event, we reserve the right of cancellation of the contract for this offer in the event that the bookings for this offer do not reach the minimum number of participants of 8 persons.
In all the above-mentioned cases, we may cancel the contract for live online courses up to 3 p.m. on the day before the planned start of the live online offer, and for in-person events up to 3 p.m. on the seventh day before the planned start of the in-person event, and cancel the respective event.
We will send you the notice of withdrawal by e-mail. We will then refund any payment to you without delay.
Section 10 – Right of withdrawal for consumers
(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
(3) The details result from the withdrawal information.
Section 11 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 12 – Out-of-court Dispute Resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.
(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 13 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the Customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Provider’s registered office (Lüderichstr. 2-4, 51105 Köln, Germany) shall be the exclusive place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
1 – Provider
(1) The provider of the “bikablo-online” platform at https://online.bikablo.com (hereinafter “bikablo-online” or “platform”) and the bikablo community at https://podio.com/kommunikationslotsende/bikablo-community (hereinafter “bikablo community” or “platform”) is bikablo GmbH & Co. KG, Lüderichstr. 2-4, 51105 Cologne, Germany, e-mail: email@example.com, phone: +49 (0) 221-98559020. The following terms and conditions govern the rights and obligations between the provider and each user of the platform.
(2) Each platform is intended to enable customers and course participants of the provider and users of the bikablo app to discuss presented topics and issues and to exchange further content on the courses.
2 – Services of the provider
(2) The provider is not responsible for the content provided on the platform, but the respective user. The provider merely reproduces the content that the user has transmitted to the provider, but does not check whether the content posted by users and the information provided by users is legal, truthful and complete. The content posted by users does not reflect the opinion of the provider.
(3) The platform is not an offer for storing and managing content. The respective user ensures that he/she only transmits a copy of the content and that he/she remains in possession of the original.
(4) There is neither a claim to registration, nor a specific upload capacity or the error-free and uninterrupted availability of content on the platform. Nor is there any claim to the creation or retention of a user profile. The provider may discontinue his offer at any time.
(5) Offers, conclusion of contracts and fulfilment of contractual services of the provider within the framework of each platform shall be made in German or English.
3 – Access to the community, registration as a user
(1) The provider makes the use of the platform available exclusively to persons of legal age and full legal capacity.
(2) Prerequisite for the use of each platform is prior registration.
(a) The registration and further use of a user profile requires a valid account for elopage.com, a service of ELOPAGE GMBH, Kurfürstendamm 208, 10719 Berlin, Germany (“elopage”). The contractual relationship regarding the creation of the elopage account is exclusively between the user and elopage. The provider is not involved in this contractual relationship and therefore does not become a contractual partner. Users are solely responsible for the handling and fulfilment of the contract concluded with elopage. The provider is not liable for breaches of duty arising from the contract concluded between the user and elopage.
(b) Registration and use of a user profile initially requires a valid account for Podio, a service of Citrix Systems UK Ltd, Building 3, Chalfont Park, Chalfont St Peter, Gerrards Cross, Buckinghamshire SL9 0BG, U.K. (“Citrix”). The contractual relationship relating to the creation of the Podio account is solely between the user and Citrix. The Provider is not involved in this contractual relationship. The user is solely responsible for the execution and performance of the contract concluded with Citrix. The supplier is not liable for breaches of duty arising from the contract concluded between the user and Citrix.
Registration of a user profile requires an invitation by e-mail from the supplier. In order to receive an invitation, the user must provide the provider with his first and last name and his e-mail address via a registration form. The invitation is sent after verification of the access requirements (cf. para. 1) by the provider by e-mail to the e-mail address provided by the user (double opt-in). Already with the sending of the invitation the user is visible to other users of the bikablo community with his given email address. If the user already has a Podio account at the time of the invitation, further details of the user contained therein are also visible to other users of the bikablo community.
(3) Only one registration is permitted for each natural person on each platform. It is not permitted to share login data for a user profile with third parties. Each user profile of a natural person may only be used by one natural person.
(4) The user can correct errors in the entries at any time before saving. After registration has been completed, all entries in the user accounts can be viewed, edited, corrected or deleted.
(5) A user is obliged to make any changes to his/her name, address, contact details or other personal data relevant to the contractual relationship in each user account himself/herself.
4 – Granting of rights
(1) By posting a content, the user warrants that the content is essentially based on his or her personal considerations, experiences and interests and was created by him or her personally.
(3) By placing the content in his user profile or on the respective platform, the user grants the provider the right to publish, reproduce and make publicly accessible the content and all its components (texts, images, video, audio and other data) with mention of his user name. The granting is made as a temporally and geographically unrestricted, simple right.
(4) By posting the content, the user guarantees the provider that he has all the necessary rights to all components of the content; this applies in particular to personal rights of persons quoted in texts or depicted in submitted photos or videos.
(5) The user is obliged to indemnify the provider against all claims made by third parties against the provider due to any infringement of rights by content posted by the user. The Provider’s claim for indemnification also includes the costs of legal defence necessary in such a context, unless the User is not responsible for the third party’s complaint.
(6) The rights are granted free of charge.
5 – Problematic content, complaints
(1) The processes on each platform are automated, in particular the receipt and publication of content from users. The provider does not check submitted content for factual correctness, appropriateness of content or any legal violations before publication and does not adopt the contributions as its own.
(2) However, the provider undertakes to follow up concrete indications of problematic contributions without delay.
6 – Availability, warranty (liability for defects) and limitation of liability
(1) Warranty claims – also referred to as defect liability rights – of a user against the provider exist in accordance with the statutory provisions.
(2) The provider is not liable for financial losses unless he or his vicarious agent have acted with intent or gross negligence. This does not affect liability for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely (cardinal obligations). Liability for damages arising from injury to life, limb or health remains unaffected.
(3) It is incumbent upon the user to transmit only copies of documents or files to the provider, since unintentional losses can never be completely ruled out during the transmission and processing of data. The user assures to keep the originals in order to avoid irretrievable loss of data.
7 – Term, termination
(1) If no term is specified when the contract is concluded, a contract concluded between the provider and the user via each platform shall run for an indefinite period of time and either party may terminate the contractual relationship in text form with effect from the end of the current day.
(2) The termination does not affect the rights granted to the provider by the user until then; rather, these rights continue to apply. If the user deletes his user profile, the contents posted by him in the respective platform remain, but the user name displayed with his contents is replaced by “unknown user”. A user’s legally indispensable rights, for example to recall his rights under copyright law, remain with the user.
8 – Possibility of transferring the contract
The provider is entitled to transfer its rights and obligations under the usage contract in whole or in part to a third party. The provider shall notify the user of this in text form in good time, at the latest, however, four weeks before the transfer of the contract. If the user does not wish to continue the contractual relationship with the third party, he may terminate the contract within three weeks of receipt of the provider’s notification with seven days’ notice.
(3) The user may waive the period of notice pursuant to paragraph 2 sentence 1 at any time after receipt of the notice. The posting of new content on the platform before the expiry of this period shall be deemed to be a clear confirmatory act to such a waiver, provided that the period does not exceed fifteen days.
(4) The notice period from paragraph 1 does not apply in the event that the provider
(a) because of legal or regulatory obligations, has to make changes to the terms and conditions of use in a way that does not allow him to comply with the period referred to in paragraph 1
10 – Consumer dispute resolution
(1) For the out-of-court settlement of disputes between consumers and the provider, the general consumer arbitration board of the Zentrum für Schlichtung e. V., Strassburger Str. 8, 77694 Kehl (www.verbraucher-schlichter.de/, firstname.lastname@example.org) is responsible.
(2) However, the provider points out that it is neither obliged to participate in an out-of-court dispute resolution procedure nor is it willing to do so on a voluntary basis. The indication of the arbitration board in paragraph 1 is merely made in fulfilment of a legal duty to inform about this.
(3) Independently of the dispute resolution body referred to in paragraph 1, consumers may also submit complaints to the European Union’s online dispute resolution platform, which can be accessed at ec.europa.eu/consumers/odr.
11 – Final provisions
(1) The use of the offer of the provider is subject to the law of the Federal Republic of Germany to the exclusion of the German conflict of laws rules of private international law. This choice of law does not apply insofar as it would restrict mandatory statutory rights of a consumer with permanent residence abroad.
(2) If the user is acting as a merchant, an entity under public law or special assets (Sondervermögen) under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract of use shall be the registered office of the provider (Lüderichstr. 2-4, 51105 Köln, Germany).
Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data when you visit our websites at bikablo.com and https://online.bikablo.com and when you use our app “bikablo” (hereinafter the “App”). Personal data is any information that relates to an identified or identifiable natural person.
The person responsible (“Controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. Controller within the meaning of the GDPR for the personal data processed by this shop is bikablo GmbH & Co. KG, Lüderichstr. 2-4, 51105 Köln, phone (0221) 98 55 90 20, email email@example.com (hereinafter “we”).
2. When you visit our web site or use our app
When you visit our website or use our app, our server collects the following information from your device: IP address, type and version of the operating system of your terminal device, time of the data connection, and – when connecting via a web browser – type and version of the web browser, the address of the currently accessed website and the address of the previously visited website (“referrer”).
We collect and process this data in order to ensure the trouble-free operation of our website and to detect, fend off and prosecute a misuse of our services. Furthermore, we use the collected data for statistical purposes to evaluate, for example, by which devices and browsers our shop is accessed in order to improve and adapt our offer to our customers’ needs on an ongoing basis. This data processing is based on Article 6 par. 1 f GDPR.
We will delete the aforementioned data no later than twelve months after they have been collected.
3. When you enter into a contract with us
When you order or book with us, we process your name, your address (as far as provided by you) and your e-mail address. We will also process any additional information provided by you voluntarily during the ordering process (such as a differing billing address or a telephone number).
We process this data electronically for the proper performance of the contract, in particular for shipping, invoicing, accounting, and processing of returns and complaints. Where we are obligated to provide you with updates for a digital product or for a product with digital elements, we will process your contact information for this purpose as well. This data processing is based on Article 6 par. 1 b GDPR.
We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.
To conclude a contract between you and us, it is necessary that we have your name and your e-mail address. The necessity of providing this data arises from various statutory regulations (eg. § 312i par. 1 and 3 BGB [German Civil Code], § 14 par. 4 UStG [German Turnover Tax Act]. Without providing this data, you cannot conclude a contract with us.
We refrain from using automated decision-making or profiling for deciding whether or not to conclude a contract.
4. Customer Account
When a customer account is not already necessary for us to provide our services to you, you may, optionally, setup a customer account with us. In such case your consent is the legal basis for processing your account data (Article 6 par. 1 a GDPR). We keep the account data stored until you close the account or you ask us for its closure. For personal data connected to contracts already concluded by you, the retention periods given in section “If you place an order” apply independently from the existence of your customer account.
5. Shipping and Payment
When we ship physical goods in order to perform a contract, we may transmit the recipient’s name and address, and, if you have given your consent, your e-mail address, to our shipping service provider Deutsche Post (Deutsche Post AG, 53113 Bonn), DHL (DHL Paket GmbH, 53113 Bonn) und DPD (DPD Deutschland GmbH , Wailandtstraße 1 , 63741 Aschaffenburg) our logistic partner Lufapak (Lufapak GmbH, Carl-Borgward-Straße 20, 56566 Neuwied)for the purpose of delivering the shipment, including, if applicable, a prior e-mail notification of the expected time of delivery, and, if necessary, for returns back to us, on the basis of Article 6 par. 1 b GDPR.
Upon receipt of a payment, we process the data transmitted to us by the payment service provider.
This data processing takes place according to Article 6 par. 1 b GDPR. We shall store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and all commercial and fiscal retention periods to which we are subject have expired.
6. bikablo app
a) Obtaining the app
You cannot obtain our app directly from us, but only via the “Play Store” of Google (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) or the App Store of Apple (Apple Inc., 1 Apple Park Way, Cupertino, CA 95014, USA). For the purchase of our app via the Google Play Store or the Apple App Store, the contract and data protection conditions of Google or Apple apply. Neither Google nor Apple transmit any personal data to us in connection with the purchase or use of the app.
b) Use of the app
To use the app on your mobile device, you must allow your device to access the Internet. Internet access is necessary so that the app can load and display the current content. In doing so, the app connects to our web server, which processes the data mentioned under point 2.
When you use our app, your end device transmits the following information to our server: Device ID, operating system version, IP address and – if you use paid content in our app – your email address, a password chosen by you and the receipt file as proof of payment. We collect and process this data to ensure the trouble-free operation of the app and to be able to recognise, ward off and prosecute misuse of our services. Furthermore, we use the collected data for statistical purposes, for example to evaluate with which end devices and operating systems our app is used, in order to continuously adapt and improve our offer to the needs of the users on this basis.
If we process your email address, your password and the receipt file for payment verification, this is done as part of the performance of the contract in accordance with Article 6 par. 1 b GDPR. We keep your email address and password stored until you inform us that you no longer wish to use the paid version of the app.
The processing of the other categories of data is based on our legitimate interest pursuant to Article 6 par. 1 f GDPR. We delete the personal data collected on the basis of our legitimate interest 90 days after their collection.
To use the app, your end device must grant the app access to certain functions:
— Internet access: Internet access is required so that the app can retrieve media content and updates provided by our server and make them available to you.
— Device storage: Your device storage is accessed solely to allow you to store and retrieve media content created with our app. Media content created by you will not be transmitted to us or to third parties.
c) Registration, user account with elopage
Registration is required to save content, search results and settings in the app, to contribute your own content and to comment on other users’ contributions.
The use of the contents of the app requires an existing user account for “elopage”, a service of elopage GmbH, Kurfürstendamm 208, 10719 Berlin, Germany (hereinafter “elopage”). The contractual relationship regarding the creation of the elopage account is exclusively between you and elopage. Likewise, the storage and processing of your user account and profile data is exclusively between you and elopage in accordance with elopage’s data protection provisions, which can be found at https://elopage.com/privacy?locale=de.
Registration requires you to provide an e-mail address and a password of your choice. To check whether the e-mail address you have provided actually belongs to you, you will receive an e-mail containing an activation link. Only if you follow this link will the user account be activated for you. If you have not followed the activation link within one week, the data collected for registration will be deleted.
After successful registration, you can log in to your user account in the app with your email address and password. Other users cannot see your email address.
Your data will be stored as long as your user account exists. You can terminate your user account at any time without notice, which will cause us to delete your access data immediately. The rights granted to us to any content contributed by you will continue to exist unchanged even if you terminate your user account.
This data processing is based on your consent. The legal basis in this respect is Article Article 6 par. 1 a GDPR.
7. Using one of our course communities via Podio (bikablo community)
If you want to use one of our course communities, you must register by providing your first and last name as well as your e-mail address. In addition, we process any further data that you voluntarily provide to us as part of the registration process (e.g. photos, further supplementary texts from you). The processing is based on Article 6 par. 1 b GDPR.
If you upload a photo or a text for your user profile (hereinafter “content”), you thereby grant us a simple right of use to store it on our server and to publish and make it publicly available within the scope of your user profile. These rights of use are geographically unlimited. The rights of use granted to us are only valid as long as the user profile exists and you have not deleted the content yourself beforehand.
You can specify online in your user profile at any time which additional information you would like to make available for viewing by other users. Changes to your data will also be displayed to us and other registered users.
Your data will remain stored by us until your user profile is deleted. For the purpose of deletion, you can cancel your user profile at any time without notice.
8. Use of the online member area and/or the online community (elopage)
If you wish to use the online member area or an online community, you must register by providing your first and last name, as well as your e-mail address. The processing is based on Article 6 par. 1 b GDPR.
The online community is a closed group for which all participants in a respective course can register individually. This means that you decide whether you also want to join the associated online community in addition to participating in the course. Here you can post contributions and communicate with each other in real time.
If you upload a photo or texts for your user profile (hereinafter referred to as “content”), you thereby grant us a simple right of use to store as well as to publish and make publicly available the content within the framework of your user profile. These rights of use are geographically unlimited. The rights of use granted to us are only valid as long as the user profile exists and you have not deleted the content yourself beforehand.
You can specify online in your user profile at any time which additional information you would like to make available for viewing by other users. Changes to your data will also be displayed to us and other registered users.
Your data will remain stored until your user profile is deleted. For the purpose of deletion, you can cancel your user profile at any time without notice.
9. Contacting us
If you use a contact or chat form on our website, we will process the data input by you; this may be, besides your message as such, your name and your e-mail address.
If you send us a message by e-mail, we will save your message along with the sender details (your name, e-mail address, and any additional information added by your e-mail program) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 par. 1 f GDPR). For reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR.
This data processing is based on our legitimate interest to answer your request and handle possible follow-up requests from you (Article 6 par. 1 f GDPR). We will erase the information collected from your message no later than twelve months after the last communication with you on your request, subject to the provision in the following paragraph.
If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.
10. Job Applications
We process the data sent to us in connection with a job application in order to check the personal suitability of the sender for the position (or other open positions with us, if applicable) and to carry out the application procedure. The legal basis for the processing of personal data in the application procedure is § 26 of the German Federal Data Protection Act (BDSG).
After the application procedure has been completed, we may continue to store this data in order to safeguard our legitimate interests, e.g. asserting or defending claims (legal basis: Article 6 par. 1 f GDPR). Data of applicants will be deleted after 6 months in case of rejection. In the event of employment with us, the data from the successful application that is necessary for the implementation of the employment relationship will be transferred to our personnel information system. As a matter of principle, only those persons have access to the applicant data who require this for the proper conduct of our application procedure.
If you have subscribed to our newsletter, we will inform you by e-mail about new offers and functions of our shop. You will not receive more than one newsletter a week. You can object to the use of your e-mail address for advertising purposes at any time in any form, without incurring any costs other than transmission costs at the basic rate.
This data processing is based on your consent in accordance with Article 6 par. 1 a GDPR. If you revoke your consent to the use of your e-mail address for advertising purposes, we will delete your e-mail address from our mailing list.
12. Comments and Ratings
When you write a comment or an evaluation on one of our services, we will publish your contribution on our website together with your username, for which you may specify a pseudonym. To counteract misuse of our offer, we store the IP address of the device you are writing from for a period of twelve months (Article 6 par. 1 f GDPR). We reserve the right to delete any unsuitable or thematically inappropriate posts at any time. In other respects we delete published contributions at the request of the respective author.
This data processing is carried out on the basis your consent (Article 6 par. 1 a GDPR).
14. Cookie consent with ConsentManager
Our website uses the cookie consent technology of ConsentManager to obtain your consent to the storage of certain cookies in your browser and to document this in a data protection compliant manner. The provider of this technology is consentmanager AB, Håltegelvägen 1b, 72348 Västerås, Sweden (hereinafter “ConsentManager”).
When you enter our website, a ConsentManager cookie is stored in your browser, which stores the consents you have given or the revocation of these consents. This data is not shared with the ConsentManager provider.
The collected data will be stored until you request us to delete it or until you delete the ConsentManager cookie yourself or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected. Details on data processing by ConsentManager can be found at https://www.consentmanager.de/datenschutz/.
15. Google Services
As far as you have given your consent, we use certain Google services on our website. If you visit our website from a location within the European Union, Norway, Iceland, Liechtenstein or Switzerland “Google“ means Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, otherwise Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
General information on the use of data by Google may be found on the Google website at https://policies.google.com/technologies/partner-sites (“How Google uses information from sites or apps that use our services“).
16. Google Analytics
As far as you have given your consent, we use Google Analytics, a web analytics service of Google. Google therefore places cookies on your device. With these cookies, Google can collect information about how you use our website. This information is transmitted to a Google server, where it is evaluated by Google and made available to us. We use the information to better understand what visitors to our website are interested in, to determine the success of our advertising and to improve our services. The legal basis for this data processing is your consent (Article 6 par. 1 a GDPR).
For compiling the usage analytics, Google acts as our processor according to Article 28 GDPR, based on a processing contract that incorporates the EU standard contractual clauses. You can access the content of the processing agreement with Google (“Data Processing Terms”) online at privacy.google.com/businesses/processorterms.
17. Google Ads
If you have consented, we use Google Ads, a web analytics service provided by Google. When you click on one of our Google Ads ads, a Google cookie is stored on your device. These cookies allow Google to collect information about how you use our website. This information is transferred to a Google server, analysed there and made available to us. We use the information to better understand what visitors to our website are interested in, the success of our advertising material and how we can improve our offering.
The legal basis for this processing is your consent (Article 6 par. 1 a GDPR).
For the creation of the usage analyses, Google acts as a processor for us (Article 28 GDPR) on the basis of a processing agreement that incorporates the EU standard data protection clauses. You can access the content of the agreement with Google (“data processing terms”) online at privacy.google.com/businesses/processorterms.
The data collected by Google Ads is encrypted by Google and stored on a Google server in the USA. The cookies expire after 30 days.
18. Google Fonts
As far as you have given your consent, our web site uses fonts provided by Google as “Google Fonts”. Google Fonts are downloaded directly from Google when you access our website from your device. Google hereby receives your IP address, your operating system, your browser type and its version and evaluates this information for their own business purposes.
19. Embedded videos
We embed videos from YouTube on our website. When you play these videos, data is necessarily transmitted directly from your end device to YouTube, including your IP address and information on the browser type, browser version and operating system of your end device. If you do not play the embedded videos, no data is transmitted to YouTube.
The operator of YouTube and, in this respect, the responsible party for the embedded videos within the meaning of the GDPR is Google.
20. Social Media
You may find Social Media buttons on our website; they can be recognized by the logos of the social media platforms (hereinafter “Platforms”) (Facebook: „f“ logo, Twitter: bird silhouette, Instagram: square camera logo, Xing: „X“ logo, Linkedin: „in“ logo). Clicking on such a button calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform. However, we neither collect nor otherwise process any data related to the use of these social media buttons.
For the operation of our website online.bikablo.com on the Internet and our app, as well as our offer of the online member area or course communities, we use the technical services of elopage (elopage GmbH, Kurfürstendamm 208, 10719 Berlin, Germany) as a processor in accordance with Article 28 GDPR.
For the operation of our website bikablo.com on the Internet, we use the technical services of IONOS SE (Elgendorfer Str. 57, 56410 Montabaur, Germany) as a processor pursuant to Article 28 GDPR.
Our customer management is carried out by means of the service Podio of the company Citrix (Citrix Systems UK Ltd, Building 3, Chalfont Park, Chalfont St Peter, Gerrards Cross, Buckinghamshire SL9 0BG, U.K.), which acts for us as a processor in accordance with Article 28 GDPR.
The newsletter is sent
a) by means of the service provider CleverReach GmbH & Co. KG, CRASH Building, Schafjückenweg 2, 26180 Rastede, Germany, as a processor in accordance with Article 28 GDPR.
b) via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 (1) lit. f DSGVO and serves our legitimate interest in using a newsletter system that is effective in advertising, secure and user-friendly. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send and statistically evaluate the newsletters on our behalf. For the evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. With the help of the web beacons, Mailchimp automatically creates general, non-personal statistics about the response behavior to newsletter campaigns. However, based on our legitimate interest in the statistical evaluation of newsletter campaigns for the optimization of promotional communication and better targeting of recipient interests, the web beacons also collect and utilize data of the respective newsletter recipient (mail address, time of retrieval, IP address, browser type and operating system) in accordance with Art. 6 (1) lit f DSGVO. This data allows an individual conclusion to be drawn about the newsletter recipient and is processed by Mailchimp for the automated creation of statistics that reveal whether a particular recipient has opened a newsletter message.
If you wish to deactivate the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
MailChimp may also use this data itself in accordance with Art. 6 (1) lit. f DSGVO due to its own legitimate interest in designing and optimizing the service to meet demand, as well as for market research purposes, for example to determine which countries the recipients come from. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
To protect your data in the USA, we have concluded a data processing agreement (“Data Processing Agreement”) with MailChimp based on the standard contractual clauses of the European Commission to enable the transfer of your personal data to MailChimp. If you are interested, this data processing agreement can be viewed at the following Internet address: https://mailchimp.com/legal/data-processing-addendum/.
22. Your Rights
With regard to your personal data we process, you have the following rights:
You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.
RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f GDPR, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.
IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.
If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.