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Privacy Statement

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As the operator of the website www.markenmehrwert.com, the public limited company “marken mehrwert - brand added value AG”, Schildkrötstraße 15, 68163 Mannheim, Email: [email protected] is responsible for the personal data (see also imprint) of the user of the website according to Article 4 paragraph 7 of the EU General Data Protection Regulation (GDPR). Our Data Protection Officer is available by email under \"[email protected]\" or under the postal address with the addition \"Data Protection Officer\".

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We protect your privacy and your private data. We collect, process and use your personal data in accordance with the content of this Privacy Statement as well as the applicable European and German provisions of the Data Protection Act.

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This Privacy Statement governs the extent to which we collect, process and use personal data about you. We therefore request you to read it carefully in the following.

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This statement concerning the privacy of data applies solely to our own Internet presence. The web pages of this site may contain links to third-party websites. Our Privacy Statement does not extend to these web pages. When you leave our website, it is recommended that you read the privacy statement of each website carefully that collects personally identifiable information.

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By agreeing to the following Privacy Statement, you consent to us collecting, processing and using your personal data in compliance with the applicable data protection provisions and the following regulations.

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1 Collection of data

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1.1 Informative use of the website

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Every time you access a page of our website and every time a file is accessed, access data about this procedure is stored in a log file on the respective server.

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These are in particular the following information:

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• date and time of the request
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• time zone difference to Greenwich Mean Time (GMT)
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• content of the request (specific page)
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• access status/HTTP status code
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• the amount of data
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• the requesting website
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• the browser
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• operating system and its interface
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• language and version of the browser software
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• IP address
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The IP address of your computer is stored only for the time that you use the website and then immediately deleted or anonymised by curtailment. We collect the aforementioned data as this is technically necessary for us to be able to show you our website and to ensure the stability and security of the website. The legal basis for this is Article 6 paragraph 1 clause 1 point f) GDPR.

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1.2 Provision of personal data

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Insofar as you use our website other than just for information purposes, you generally need to specify other personal data, e.g. last name, date of birth, address, mailing address or telephone number, which we use to provide the respective services. The corresponding personal data are collected by us only if this is permitted by law (e.g. for the execution of a contract, Article 6 paragraph 1 clause 1 point b) GDPR, or in the case of a legitimate interest, Article 6 paragraph 1 clause 1 point f) GDPR, or you consent to the collection of data, Article 6 paragraph 1 clause 1 point a) GDPR.
You may revoke your consent given to process your personal data at any time. A corresponding revocation has a direct influence on the admissibility of processing of your personal data, as soon as this has been given to us.
If the processing of your personal data is based on a balance of interests, you may object to the processing. If you exercise your right of objection, we kindly ask you to explain the reasons why we should not process your personal data. If your objection is justified, we will review the facts and stop and/or adjust the data processing or inform you of compelling legitimate reasons why we continue the processing.
We will delete your personal information as soon as it is no longer necessary for the respective purpose. It may happen that personal data is retained for the time in which claims can be asserted against us (e.g. statutory limitation period of three or thirty years). In addition, we are required by law to save certain data due to our obligations to provide evidence and keep records, including those according the German Commercial Code, the German Tax Code or the Money Laundering Act. The storage periods may be up to ten years.

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1.2.1 Data for the newsletter service

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The newsletter service will inform you by email or by post about our own range of services. Furthermore, you can also receive information about offers from specific manufacturers by email or post. For this purpose, your consent is necessary.
The so-called double opt-in procedure is used for sending newsletters, i.e. you will not receive a newsletter until you have explicitly confirmed that the newsletter service is to be activated. You will then receive a confirmation email and you will be asked to confirm that you wish to receive newsletters by clicking on a link in this email.
If you do not confirm the registration within 24 hours, we will immediately block your information and delete it automatically after one month. In addition, we only store your IP address and the time of registration and confirmation in order to be able to prove your registration and the possibility to clarify misuse of your data.
You only have to enter your email address in order to receive newsletters. The provision of further data is voluntary.
We will only save your email address for the purpose of sending our newsletter. The legal basis for this is Article 6 paragraph 1 clause 1 point a) GDPR.
If you no longer wish to receive a newsletter later on, you can revoke your consent at any time and cancel your subscription to the newsletter. A message in text form to the contact data mentioned (e.g. email, letter) is sufficient for this. Of course, an unsubscribe link is also to be found in every newsletter via email.

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1.2.2 User account

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When setting up an account to use our services, e.g. to participate in promotions of the manufacturers associated with us, your data may be stored permanently and/or for the period of a promotion in the user database. If you want to use the services, you must provide personal data in order to conclude the contract. The mandatory information required for the use of the services (e.g. name, email address, date of birth, telephone number) are marked accordingly and will be processed for this purpose. The legal basis for this can be found in Article 6 paragraph 1 clause 1 point b) GDPR.
You are bound to treat the personal access data confidentially and not to make it accessible to unauthorised third parties. We cannot accept any liability for abuse of passwords, unless we are responsible for such improper use. You should notify us immediately if you are concerned that a third party has become aware of your password or is using the password in an unauthorised way or is likely to do so. You are responsible for ensuring that your information is accurate and complete and that you notify us of any changes to the information you have provided. You can view and update any information you have provided to us, as well as your account settings in the ‘My User Account’ section of the website. After you have finished communicating with MMW Services, you should log out and close the browser window, especially if you are sharing the computer with other people.
In order to prevent violating the conditions of participation in promotions and/or to detect fraud, various algorithms (mathematical-statistical methods) are used. The results of the evaluations will be checked by us again and assessed accordingly. A transfer of personal data to third parties does not take place in this context.
If you participate in the marketing survey of the respective manufacturers during the registration process, this data will not be stored on a personal basis.
Storage of the data provided as part of registration can be revoked at any time. The data provided and your entire user account can always be deleted in the customer area.
Due to commercial and tax regulations, we are obliged to save your address, payment and order data for a period of at least 10 years. However, after 3 years after placing an order, we restrict the use of the relevant data, with the consequence that they may only be used to comply with legal obligations.

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1.2.3 Data transmission by business partners

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In case we receive personal data from third parties (e.g. business partners), for example, for processing promotions, these will also only be used in compliance with the data protection laws and this privacy policy.

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1.2.4 Uploads

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For consumers and dealers, the possibility exists to upload documents from us (e.g. receipts, invoices, etc.). The personal data contained herein are also only used in compliance with the data protection laws and this privacy policy.

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1.2.5 Chat

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In our chat, you have the opportunity to contact us directly if you have questions about our range of services. Your IP address will be anonymised according to the legal regulations. The chat history is saved anonymously and evaluated. In order to participate, you must give your email address and additionally either your name or a pseudonym.
We reserve the right to terminate chats where insults are made, or which are offensive, racist, or otherwise illegal, unlawful, or are in breach of our business terms and conditions, and to block users in the event of particularly serious violations.
The legal basis is Article 6 paragraph 1 clause 1 point b) and point f) GDPR.

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1.2.6 Contact form and/or contact by email or fax

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If you contact us via the contact form on our website or by email or fax, the information you provide will be stored and processed in order to handle the request, as well as in the case that follow-up questions should arise. We delete the respective data, after storage is no longer required or limit its processing, insofar as legal retention periods exist. The legal basis is Article 6 paragraph 1 clause 1 point a), point b) and point f) GDPR.

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2 Transfer of data

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We do not share your personal data with third parties, unless you have consented to this data transfer or this is necessary for the purpose of executing the contract, or we are entitled or obliged to a data transfer due to statutory provisions and/or official or judicial orders.
We partly use external service providers to process your personal data. These have been carefully selected and commissioned by us. They are bound by our instructions and are regularly inspected.
The data provided to our service providers may only be used by them to fulfil their tasks.
No personal data will be transferred to third parties outside the European Economic Area (EEA).

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2.1 Disclosure to process promotions

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The data collected by us will be forwarded to the transport companies commissioned with delivery as part of the processing of dispatching promotions, as far as this is necessary for the delivery of the goods. The legal basis is Article 6 paragraph 1 clause 1 point b) GDPR.

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2.2 Disclosure to the organiser of the promotions

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In order to fulfil the purpose of the contract, it may be necessary to transfer personal data from customers or dealers to the organisers of the promotions. Otherwise, the data related to the contract or the processing of the promotion is forwarded in the context of anonymous reports to the organiser of the promotion and used in particular for statistical purposes. The legal basis is Article 6 paragraph 1 clause 1 point b) GDPR.

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2.3 Transfer for payment purposes

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We forward your payment data as part of the processing of payments to the commissioned credit card company and/or PayPal or the respective payment service provider. Insofar as you, as a customer, have registered with your customer account, you have the option to deposit a certain type of payment for further purchases. The legal basis is Article 6 paragraph 1 clause 1 point b) GDPR.

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2.4 Disclosure for the sending of newsletters

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your consent to the sending of newsletters (section 1.2.1), you also agree that your email address or address be forwarded to certain manufacturers whose newsletter you will receive. A corresponding note in this respect can also be found in the confirmation email. The legal basis is Article 6 paragraph 1 clause 1 point a) GDPR.

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3 Cookies

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In addition to the aforementioned user data, cookies are stored on your computer when you use our website. These are small text files that are stored on your device and through which we receive certain information. However, cookies cannot execute programs or transmit viruses to your computer. We use cookies to make calling on our website attractive and to enable the use of certain functions.
We use transient and persistent cookies on our website. If you close your browser, transient cookies are automatically deleted. These cookies also include in particular session cookies. These allow your computer to recognise when you return to our website. Session cookies are deleted as soon as you close the browser or log out.
In contrast, persistent cookies are automatically deleted after a specified period of time. These cookies can be deleted at any time in the security settings of your browser.
Basically, you can configure your browser settings according to your wishes and e.g. reject all cookies. However, non-acceptance of cookies may limit the functionality of our website.
With flash cookies which we also use, a record is not made via your browser, but through your flash plug-in. We also use HTML5 storage objects, which are stored on your terminal device. Data is stored independently of your browser and does not have an automatic expiration date. Insofar as processing of flash cookies is not desired, you must install an appropriate add-on, e.g. “Better Privacy” (Mozilla Firefox) or “Adobe Flash Killer Cookie” (Google Chrome). If you want to prevent the use of HTML5 storage objects, you must use the private mode in your browser. In addition, we recommend that you delete your cookies and the browser history at regular intervals.

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4 Google Analytics

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This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files stored on your computer which allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is enabled on this site, Google will truncate your IP address beforehand within the Member States of the European Union or in other treaties of the European Economic Area Agreement. Only in exceptional cases will the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website promotions and to provide other services related to website usage and internet usage to the website operator.
The IP address transmitted by Google Analytics as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by a corresponding setting of your browser software; however, please be aware that in this case you may not be able to use all features of this website to its full extent. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
This website uses Google Analytics with the extension „_anonymizeIp()“.As a result, IP addresses are processed shortened, a reference to persons can thus be excluded. Insofar as the data relating to you is assigned a personal reference, it will be excluded and the personal data will be deleted immediately.
We use Google Analytics to analyse and regularly improve the use of our website. By using the statistics obtained, we can improve our range of services and make them more interesting for you as a user. In the exceptional cases where personal information is transferred to the US, Google is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework. The legal basis for the use of Google Analytics is Article 6 paragraph 1 clause 1 point f) GDPR.
Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of Use: http://www.google.com/analytics/terms/de.html, Overview of the Privacy Policy: http://www.google.com/intl/de/analytics/learn/privacy.html, as well as the Privacy Policy: http://www.google.com/intl/en/policies/privacy.
This site also uses Google Analytics for cross-device analysis of flows of visitors which are carried out via a user ID. You can deactivate your use of the cross-device analysis in your customer account under “My data”, “Personal data”.

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5 Matomo

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This website uses the web analysis service Matomo to analyse and regularly improve the use of our website. By using the statistics obtained, we can improve our range of services and make them more interesting for you as a user. The legal basis for the use of Matomo is Article 6 paragraph 1 clause 1 point f) GDPR.
For this evaluation, cookies are stored on your computer (more details in section 3). The person responsible stores the information collected exclusively on a server in Germany. You can stop the evaluation by deleting existing cookies and preventing cookies from being stored. If you prevent the storage of cookies, we wish to point out that you may not be able to use this website to the full extent. Preventing the storage of cookies is possible through adjusting the settings in your browser. Preventing the use of Matomo is possible by removing the following checkmark to enable the opt-out plug-in: [Matomo iFrame].
This website uses Matomo with the extension “AnonymizeIP”. As a result, IP addresses are further processed truncated, a direct reference to persons can thus be excluded. The IP address transmitted by Matomo from your browser will not be merged with other data collected by us.
The program Matomo is an open source project. Data protection information of third parties is available under http://piwik.org/privacy/policy.

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6 Data security

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We take all appropriate technical and organisational security measures to protect your data from manipulation, loss, destruction or unauthorised access by third parties. Our systems are protected against unauthorised access. In particular, your personal data is transmitted in an encrypted form. We use the coding system SSL (Secure Socket Layer) for this.

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We wish to expressly point out that despite all technical precautions, the Internet does not permit absolute data security. We are not liable for acts of third parties.

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7 Change of privacy policy

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We reserve the right to change this Privacy Policy at any time with an effect for the future. A current version is always available on the website. Please visit the website regularly to find out about the currently valid privacy policy.

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8 Rights

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You have the right to access, rectify or delete, limit the processing, object to processing and data portability of your personal data that we have collected about you.

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For respective requests and/or communications from users, we are available under the address details mentioned.

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We also wish to point out that the deletion of user data is only possible if there are no legal regulations which contradict this.

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Information shall always be transmitted in electronic form (by email). Should you exercise this option of providing information via email, the specified email address (for both sender and recipient) shall not be used for any other purpose than to provide information and its documentation.

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You also have the right to lodge a complaint to a supervisory authority for data privacy about the way we process your personal data.

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If we are legally required to disclose data to local, state, national or international authorities, we shall comply with this obligation.

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We will also disclose information to third parties if required to do so by applicable laws and regulations.

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In addition, we may disclose information to investigate, prevent or initiate corresponding countermeasures against any illegal activity or suspected fraud, or to enforce or assert our contracts and licensing rights.

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9 Contact

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If you have any questions, comments or inquiries regarding the collection, processing and use of your personal data by us, please contact us using the following contact details.

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Address

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mehrwert – brand added value AG

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The Plant

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Schildkrötstraße 15

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68163 Mannheim

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VAT ID No. DE258032509

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Court of registration Mannheim HRB 704123

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Contact

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E-Mail: [email protected]

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www.mmw.ag

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Legals

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General terms and Conditions
Imprint
Privacy Statement
Board of Directors: Frank Schwarz
Supervisory Board (Chairman): Prof. Dr. Stefan Jugel
Members of the Supervisory Board: Prof. Dr. Gerald Graf, Prof. Dr. Dietmar von Hoyningen-Huene

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marken mehrwert - brand added value AG, 2018

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Terms and conditions

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marken mehrwert - brand added value AG (referred to in the following as MMW)
Terms and Conditions for the use of MMW Services

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1 General, scope, definition of terms

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1.1 TERMS OF USE

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The contracting party under these terms of use and the website operator is marken mehrwert - brand added value AG, Schildkrötstraße 15 68163 Mannheim, registered in the commercial register of the Mannheim District Court HRB 704123, represented by the Board of Directors Frank Schwarz, VAT Identification Number: DE258032509, Tel. 0621 429 42 0, Email: [email protected] (hereinafter referred to as “we” or “us”).

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Please read these terms carefully before using the services of MMW. By creating a user account (see section 4), logging-in and using MMW’s services, you declare that you are in agreement with these terms. Upon registration, you will be asked to agree to the Terms of Use. The Terms of Use apply to any use of the MMW services, including future contracts, offers, services and deliveries by us.

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We offer a wide range of MMW services. These terms of use may be supplemented, modified or replaced by other terms and conditions that apply specifically to the respective MMW services. If you use a MMW service, you are subject to the conditions that are applicable to the respective MMW Service (“Terms of Service”). If these terms of use contradict the respective terms of service, the terms of service shall have priority.

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1.2 The general terms and conditions apply to all contracts for the provision of services, which MMW concludes in connection with the Internet services with companies, entrepreneurs, legal entities or natural persons. They also apply in particular to all users of the Internet platform, starting with the first access and log-on to the platform.

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1.3 The terms and conditions apply exclusively. The validity of any terms and conditions of the user shall be contradicted. Any conditions of users or contractors shall also then not become the content of the contract if MMW does not contradict this separately or MMW provides deliveries or services without reservation or accepts payments without reservation.

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1.4 We reserve the right to change or amend these terms and conditions at any time at our own discretion, e.g. to comply with a changed or new legal situation, newly offered MMW services or any loopholes, taking the interests of the user into account.

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Changes to the terms and conditions will be communicated to contract partners in text form, identifying the amended provisions and shall be deemed agreed if the contracting party continues the contractual relationship without objecting in text form within a period of 4 weeks. Only after expiry of this deadline will the changes become effective. We shall point out the deadline when notifying these changes, as well as the consequences in the case of reticence or non-compliance with the deadline. For compliance with the deadline, the timely dispatch of the objection shall be relevant.

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In the case of a contradiction of the contracting party, the valid terms and conditions for the affected contractual relationship shall remain valid until then. Your contractual rights of termination shall remain unaffected.

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1.5 The present terms and conditions are supplemented by the guidelines in the privacy policy and the price list in their current versions, as well as the terms of service applicable to the MMW services.

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1.6 These terms and conditions may be printed out by the user and stored on a durable medium.

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2 DATA PROTECTION

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Please also read our statements on our privacy policy and the use of cookies (link to privacy statement and our statement on cookies), which also apply to the use of all services of MMW.

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3 ELECTRONIC COMMUNICATION

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If you use an MMW service or send us emails, text messages or other communications from your computer or mobile device, you will communicate with us electronically or in text form. We will communicate with you electronically in a variety of ways, including via email, text messages, in-app push messages, or by publishing electronic messages or other communications on our website or other MMW services such as MMW chat. For contractual purposes, you agree to receive communications from us in writing and you agree that all approvals, notices, publications, and other communications that we communicate to you electronically, insofar as they do not require the written form, unless there is a mandatory legal requirement which necessitates a different form of communication.

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4. YOUR USER ACCOUNT, CONTRACT

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If you use an MMW service, you are responsible for maintaining the confidentiality of your account and password, and restricting access to your computer and mobile devices. You are encouraged to take all necessary and reasonable steps to ensure that your password is kept secret and securely stored. You are obliged to inform us immediately if you have a concern that a third party has gained knowledge of your password or has used the password without authorisation or is likely or you suspect this. If you culpably violate the above obligations, you will be liable for any activity that occurs through your account or password, but no later than the time when you reported abuse of your user account or password.

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4.2 You are responsible for ensuring that your information to us is accurate and complete and that you notify us of any changes in the information you have provided. You can view and update the information you have given us, as well as personal information, your account settings in the My Account section of the website.

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4.3 The user relationship (conclusion of contract) begins with the successful registration of the user and by our acceptance of the registration through the granting of an access authorisation and the activation of the personal profile (user account).

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4.4 By completing the registration form, you are making a binding offer to conclude a contract to use services. For this purpose, all data fields of the registration form must be completed fully and correctly. Before sending the registration form, you will have the possibility to correct any input errors by clicking on the corresponding fields.

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4.5 The contract between the user and us is realised with the acceptance of the request to open an account. Access to the application to open a user account will be processed by us immediately on electronic means and confirmed to the email address provided by the user. The confirmation of access does not constitute a binding acceptance of the application. However, the confirmation of access can be associated with the acceptance declaration. The declaration of acceptance can be made expressly or by activating the user account.

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4.6 The contract text is not stored by us. We therefore recommend that you keep the declaration of acceptance in a safe place.

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4.7 Contracts are concluded with you exclusively in German.

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5 Operating hours and availability of the Internet platform, system failures

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5.1 In principle, the Internet platform is continuously available to users from Monday to Sunday from 6:00 a.m. until 10:00 p.m. without interruption.

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5.2 MMW uses considerable effort to ensure the maximum availability of its Internet platform:

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• The Internet servers are operated in a dedicated computer centre that is mandated with the monitoring and maintenance of the server.
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• All critical components in the field of server hardware are designed redundantly.
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• The software implements maximum independence of individual components or functions of online services.
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System failures cannot be ruled out completely despite these measures. Interference in the area of the Internet and in the local access technology of the user are not our area of responsibility.

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5.3 Classification of system failures

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From the point of view of the business processes supported by the online platform, those functions that are used at the point of sale are particularly important. For this reason, a distinction is made between the following classes of system failures:

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• Reduced system availability: failure of non-POS functions A reduced system availability is the case if functions that are not used at the point of sale are no longer available; these include the functions for maintaining master data, managing users, and installation of interfaces. In the case of reduced system availability, the POS functions, in particular the registration of goods and the notification of sales services, are nevertheless still available.
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• Non-availability of the system: failure of all system functions Non-availability of the system is the case if all system functions have failed or the Internet address www.markenmehrwert.com is not available. MMW ensures the following system availability and/or maximum downtimes by using corresponding measures which are all state-of-the-art as well as by concluding service agreements with its suppliers:
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• Reduced system availability: Maximum 3% of the scheduled operating time, maximum downtime 18 hours
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• Non-availability of the system: maximum 1% of the scheduled operating time, maximum downtime 6 hours In the event of non-availability of the system, an offline process for registering goods and reporting sales performance is intended. Thus, the possibly associated efforts in the back office area are provided by MMW without incurring additional expense to users.
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5.4 Scheduled maintenance

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For the MMW services and our website there are planned and announced maintenance times when certain functions or the online system altogether are not available. This maintenance work, provided that it overlaps with the scheduled operating hours of online services, is announced at least three days in advance.

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Maintenance outside operating hours does not require prior notice.

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6 Obligations of the user

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6.1 The user is obliged to use the services of MMW AG appropriately. In particular, he is obliged

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• to ensure that the network infrastructure or parts thereof are not overloaded by an excessive culpable, i.e. non-contractual use;
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• not to use the accessibility to the services of MMW abusively and refrain from unlawful acts;
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• to fulfil the legal regulations and regulatory requirements communicated to him and which are incumbent to him;
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• to ensure the granting of official permits in his area of responsibility, insofar as these should be required at the present time or in future for participation in MMW services of MMW AG;
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• to take into account the accepted principles of data security, in particular to keep passwords secret and/or to change them without delay, or make these changes if there is a suspicion that unauthorised third parties have become aware of them;
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• to notify MMW immediately in the case recognised defects or damage (fault report);
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• to take reasonable measures to facilitate the detection of defects or their causes, or to facilitate and speed up the elimination of the disturbance;
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• to reimburse expenses incurred by MMW following the submission of a malfunction report, if and to the extent that after the examination it became apparent that the fault was in the area of responsibility of the user.
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6 .3 If the user culpably violates the stated obligations and the user does not cease the breach of duty despite a previous warning, MMW is entitled to terminate the contract without giving notice.

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6 .4 The user has the self-responsibility for obtaining all permits and permissions necessary to receive the online service.

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6.5 The user will only retrieve and accept such data and information which he is entitled to receive according to the agreements made. The user acknowledges to compensate MMW for the damage which MMW has incurred as a result of the user culpably accepting, processing or passing on data other than that intended for him.

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6.6 Furthermore, the user is obliged to use the online services and the information contained therein only within his contract and for his own purposes. The user agrees not to use the online service for unlawful purposes or to allow a use for it.

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7 Warranty

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7.1 MMW will do everything to ensure the accuracy and reliability of the online service.

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7.2 In particular, MMW will do everything to ensure that the commissioned employees and other vicarious agents observe the anonymity of the user vis-à-vis third parties. Third parties in this sense are not the bodies from which the user obtains information and/or to which he forwards information. MMW will forward all information required under the MMW Service according to the contract. The user will ensure that he obtains any legal declarations concerning data privacy necessary from his contractual partners, vicarious agents or customers/end user.

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7.3 The services of MMW serve the exchange of information between manufacturers and their trading partners and end users.

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The information exchanged via the services of MMW is subject to extensive and careful checks. Problems with the quality of the data will be communicated promptly and comprehensively to the participants of the online service, if applicable.

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In addition to these measures, MMW does not accept any warranty that the information contained in the online service is accurate, complete and comprehensive.

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8 Modification of services offered

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MMW reserves the right to expand, modify and make improvements at its own discretion, taking into account the interests of the user. MMW is furthermore entitled to reduce the services to a reasonable extent.

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9 Liability

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9.1 MMW bears no liability for information being complete, correct, up-to-date and free of third-party rights, which is introduced by users of the portal into the portal.

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9.2 MMW is not liable for any damage caused by information from the user being viewed via technical transmission channels, which are usually provided by the Internet provider and Deutsche Telekom AG.

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9.3 Unless otherwise agreed in the following, under no circumstances shall MMW be liable for damages other than those due to gross negligence or intent. In particular, MMW shall only be liable in cases of intent or gross negligence for damages arising from system failures of the Internet platform.

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9.4 However, the above exclusions of liability do not apply to liability for injury to life, body and health. Furthermore, they do not apply insofar as the damage is based on the violation of a cardinal or essential contractual obligation or the breach of a guarantee. The liability of MMW according to the Product Liability Act or other mandatory legal provisions shall remain unaffected.

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9.5 MMW's liability to pay compensation shall be limited to foreseeable damages in the event of a breach of a cardinal or essential contractual obligation.

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9.6 The foregoing exclusions or limitations of liability also apply with regard to the liability of employees, workers, members of staff, representatives and vicarious agents of the operator, in particular in favour of the shareholders, employees, representatives, bodies and their members regarding their personal liability.

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9.7 In the event of force majeure and unforeseeable events such as fire, strike, lockouts and other unforeseeable circumstances which are beyond the control of MMW, making it necessary to restrict or discontinue the service of MMW AG, MMW is released from the obligation to perform for the duration of the restriction or suspension of the service. Force majeure also applies if MMW AG must limit or completely cease its services as a consequence of a computer virus in the system (i) even though we have undertaken adequate protection measures against the intrusion of computer viruses, or (ii) a protection against the specific virus was not possible on reasonable terms.

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9.8 Under no circumstances shall MMW be made liable for any losses suffered by the user due to incomplete or incorrect information provided by the MMW services of MMW AG.

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This exclusion of liability does not include cases in which missing or incorrect information should have been or should be introduced by MMW itself, as well as cases of intent or gross negligence.

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9.9 The user is liable for all consequences and disadvantages caused by MMW and third parties as a result of gross negligence or intentional misuse or unlawful use of the MMW services by the user, or which arise from the user's gross negligence or wilful default of his other obligations.

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10 Term and termination

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10.1 The user contract is concluded for an unlimited period of time. A different duration may apply for individual MMW services, which can be taken from the respective Terms of Service, accordingly.

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10.2 The right of both parties to terminate the contract at any time for an important reason shall remain unaffected. An important reason on the part of MMW shall be in particular but not exclusively in the case of a culpable violation of the obligations according to section 6, which the user does not cease doing despite a previous warning.

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11 Jurisdiction

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The place of jurisdiction for all concluded contracts with MMW is Mannheim, provided the user is a merchant, a legal entity under public law or represent a special fund under public law.

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12 Final provisions

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12.1 Changes and additions to the regulations set out in our terms and conditions must be made in writing. This also applies to cancellation of the requirement to use the written form.

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12.2 Neither party may assign the rights to third parties under this contract without the prior consent of the other party.

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12.3 German law shall apply at all times, excluding the UN sales law.

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12.4 If any provision of this contract be invalid or unenforceable, this shall not affect the validity of the other remaining provisions of the contract. Insofar as the user is a merchant, a legal entity under public law or represent a special fund under public law, the parties will replace the invalid or unenforceable provision by a provision that comes closest to the economic content of the invalid or unenforceable provision.

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Created by MMW AG

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Stand Dezember 2016

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