General Terms of Use for the use of Fanomena Events Cloud Services

Fanomena GmbH (FANOMENA)
Dudweilerstraße 71
66111 Saarbrücken
Tel: +49 681 8449 2557
E-Mail: info@fanomena.io
https://fanomena.io

Managing Directors Marc Grewenig, Max Ulbrich
register court Saarbrücken HRB 102270

§ 1 Inclusion and scope

These General Terms of Use for the use of Fanomena Events Services apply to all contracts concluded by FANOMENA with our clients for the use of our product Fanomena Events Cloud Services. This contractual relationship with the customer is governed exclusively by the content of the contract, including the general terms and conditions used by us, in particular these Fanomena Events Cloud Services Terms and Conditions. The inclusion of the client's general terms and conditions is expressly objected to!

§ 2 General subject of the Contract

Fanomena Events Cloud Services gives the client the technical possibility and authorisation to access a software application hosted on a server by a third party provider via telecommunications and to use the functionalities of the software application within the scope of this contract. In this case, the third party hosting provider is Heroku, which uses the server infrastructure of Amazon AWS. The servers of our hosting partner are located within the European Union.

§ 3 General services

Fanomena Events Cloud Services is a cloud based software solution. Fanomena Events Cloud Services enables companies of all types and sizes to digitally (mobilely) share their offers, promotions and information with potential customers. A login system gives the customer access to the product (dashboard) and allows him to create and manage his campaigns. In addition to creating and managing users, content cards, people and access to the personalized microsite, the client can arrange for a link to an individualized microsite to be sent by email to the client's potential customers and also has access to statistics that analyze and evaluate the use of the personalized microsite by the participants. Potential customers (=participants) of the client have web-based access to the personalized microsite and can read, use and redeem offers, actions and information.

§ 4 Usage right

4.1 Our Client shall have the non-exclusive right to access Fanomena Events Cloud Services via telecommunications and to use the functionalities associated with Fanomena Events Cloud Services in accordance with the Fanomena Events Cloud Services Agreement via a browser for the duration of this Agreement. The Customer shall not be granted any additional rights, in particular to Fanomena Events Cloud Services, the software application or the operating software.

4.2 The Customer is not entitled to use Fanomena Events Cloud Services beyond the use permitted under the Fanomena EventsCloud Services Agreement and these Fanomena Events Cloud Services Terms of Use or to have it used by third parties beyond the use permitted under the Fanomena Events Cloud Services Agreement and these Fanomena Events Cloud Services Terms of Use or to make it accessible to third parties beyond the use permitted under the Fanomena Events Cloud Services Agreement and these Fanomena Events Cloud Services Terms of Use. In particular, the Client is not permitted to reproduce, sell or temporarily transfer Fanomena Events Cloud Services or parts thereof, in particular not to rent or lend them out.

4.3 If the contractual use of Fanomena Events Cloud Services is impaired through no fault of FANOMENA by the intellectual property rights of third parties, FANOMENA is entitled to refuse the services affected thereby. FANOMENA will inform the client immediately and allow him access to his data in an appropriate manner. In this case, the Customer shall not be obliged to pay. Other claims or rights of the client remain unaffected.

§ 5 Data protection and data security

5.1 Both parties shall observe the applicable provisions of data protection law, in particular those applicable in Germany (EU Data Protection Basic Regulation, BDSG New), and shall oblige their employees employed in connection with the contract to maintain data secrecy and confidentiality, unless they are already under a general obligation to do so.

5.2 If Customer collects, processes or uses personal data itself or through FANOMENA, Customer warrants that it is entitled to do so in accordance with the applicable provisions of data protection law, in particular, and shall indemnify FANOMENA against claims by third parties in the event of a breach.

5.3 It is made clear that the customer remains 'master of the data' both generally in the contractual relationship and in the sense of data protection law. The client is the sole owner with regard to the right of disposal and ownership of all customer-specific data (entered data, processed, stored data, output data). FANOMENA does not control the data and content stored for the client with regard to the legal permissibility of collection, processing and use; this responsibility is assumed exclusively by the client.

5.4 If necessary, the parties shall conclude the necessary contract for the processing of personal data on behalf of the Customer (contract processing agreement pursuant to Art. 28 DSGVO) separately and attach it to the contractual documents.

5.5 FANOMENA shall take technical and organizational precautions and measures to ensure data protection. In principle, the Client is not entitled to demand access to the premises with the software application, server and operating software as well as other system components of Fanomena Events Clouds Services. This shall not affect the Customer's access rights after written registration to verify compliance with the technical and organizational measures and other legal and contractual handling of personal data by FANOMENA in the context of the operation of Fanomena Events Cloud Services in accordance with this Agreement.

§ 6 Obligations and duty of the customer

6.1 The Client shall fulfil the obligations incumbent upon him for the provision and execution of the Fanomena Events Cloud Services Agreement. In particular
6.1.1 pay the agreed prices on time;
6.1.2 protect the assigned user and access authorizations as well as identification and authentication backups against access by third parties and do not pass them on to unauthorized participants;
6.1.3 ensure that all industrial property rights and copyrights are observed (e.g. when transferring texts and data from third parties to FANOMENA's servers);
6.1.4 to obtain the necessary consent of the person concerned, insofar as he or she collects, processes or uses personal data within the framework of the use of Fanomena Events Cloud Services and no legal basis for permission is involved;
6.1.5 Fanomena Events Cloud Services shall not be misused or allowed to be misused, in particular shall not transmit information offers with illegal or immoral content or refer to information that serves to incite hatred, lead to criminal offences or glorify or trivialise violence, are sexually offensive or pornographic, are suitable to seriously endanger the morals of children or adolescents or impair their well-being or damage the reputation of FANOMENA;
6.1.6 refrain from attempting to access or interfere with any information or data unauthorized by FANOMENA or any unauthorized third party, or to interfere with or allow to interfere with any programs operated by FANOMENA, or to interfere with any data networks operated by FANOMENA unauthorizedly;
6.1.7 not misuse the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming);
6.1.8 indemnify FANOMENA against any claims by third parties based on or endorsed by FANOMENA Events Services' unlawful use, or arising in particular from data protection, copyright or other legal disputes arising out of the use of FANOMENA EventsCloud Services. If the client recognizes or must recognize that such a violation is imminent, he is obliged to inform FANOMENA immediately;
6.1.9 back up the data transmitted to FANOMENA on a regular basis and in accordance with the risks involved, but at least once a day, and make its own backup copies in order to ensure that the data and information are reconstructed in the event of loss;
6.1.10 Before sending data and information, check them for viruses and use state-of-the-art virus protection programs;
6.1.11 to secure his data stocks existing in the system as well as the analyses carried out by FANOMENA by downloading them until the termination of the Fanomena Events Clouds Services contract, since after termination of the contract, access to these data stocks by the Customer is no longer possible.

6.2 Access to FanomenaEvents Clouds Services is via telecommunications. Prerequisites for the use of Fanomena Events Cloud Services are: - Internet access - Current browser/client (display errors may occur with obsolete browser/client versions)

6.3 The provision of these prerequisites as well as the telecommunication services including the transmission services from the service transfer point to the equipment used by the customer are not subject matter of this contract, but are the responsibility of the customer.

§ 7 Use of Fanomena Events in breach of contract

7.1 FANOMENA is entitled to block access to Fanomena Events Cloud Services and its data in the event of an unlawful breach by the Customer of one of the essential obligations stipulated in this contract, in particular in the event of a breach of the obligations specified in § 6.1.5 - 6.1.7. Access shall only be restored when the breach of the material obligation concerned has been permanently eliminated or the risk of recurrence has been ensured to FANOMENA by the submission of an appropriate and punishable cease-and-desist declaration. In this case, the customer remains obliged to pay the agreed prices.

7.2 FANOMENA is entitled to delete the data concerned in the event of a violation of § 6.1.5 - 6.1.7.

7.3 In the event of an unlawful breach of the obligations set forth in § 6.1.5 - 6.1.7 by a participant authorized by the Customer, the Customer shall, upon request and without delay, provide FANOMENA with all information required to assert claims against the participant, in particular its name and address.

§ 8 Terms of payment

8.1 The customer shall pay the prices agreed in the order document.

8.2 Prices are due after invoicing. The invoice amount must be credited to the account specified in the invoice no later than 30 days after receipt of the invoice.

8.3 All prices are net prices and are increased by the applicable statutory value-added tax.

§ 9 Liability

9.1 FANOMENA shall be liable to the Customer without limitation in the event of intent or gross negligence for all damages caused by the Customer and its legal representatives or vicarious agents.

9.2 In the event of slight negligence, FANOMENA shall have unlimited liability in the event of injury to life, limb or health. Otherwise, FANOMENA shall only be liable if FANOMENA has violated an essential contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for foreseeable, typically occurring damages and shall not apply to consequential damages.

9.3 The strict liability of FANOMENA for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded. § 9.1 and 9.2 remain unaffected.

9.4 Liability in accordance with the provisions of the Product Liability Act shall remain unaffected.

§ 10 Force majeure

10.1 FANOMENA is released from the obligation to perform under this contract if and to the extent that the non-fulfilment of services is due to the occurrence of circumstances of force majeure after conclusion of the contract.

10.2 Circumstances of force majeure include war, strikes, riots, expropriations, cardinal legal changes, storms, floods and other natural disasters as well as other circumstances for which FANOMENA is not responsible.

10.3 Each party shall immediately notify the other party in writing of the occurrence of any event of force majeure.

§ 11 Commencement of the contract and term; termination for a serious cause

11.1 The contract shall come into force at the beginning of the agreed contractual term and shall end upon expiry of the agreed contractual term. The agreed contract period results from the Fanomena Events Cloud Services contract.

11.2 The right to terminate the contract for good cause remains unaffected. Termination must be made in writing.

§ 12 Final provisions

12.1 The Client may transfer the rights and obligations arising from this contract to third parties only with the prior written consent of FANOMENA.

12.2 The contractual relations shall be governed by German law. The place of jurisdiction shall be Saarbrücken.

Fanomena GmbH, Mai 2019

General Terms of Use for the use of Fanomena Leads Cloud Services

Fanomena GmbH (FANOMENA)
Dudweilerstraße 71
66111 Saarbrücken
Tel: +49 681 8449 2557
E-Mail: info@fanomena.io
https://fanomena.io

Managing Directors Marc Grewenig, Max Ulbrich
register court Saarbrücken HRB 102270

§ 1 Inclusion and scope

These General Terms of Use for the use of Fanomena Leads Services apply to all contracts concluded by FANOMENA with our clients for the use of our product Fanomena Leads Cloud Services. This contractual relationship with the customer is governed exclusively by the content of the contract, including the general terms and conditions used by us, in particular these Fanomena leads Cloud Services Terms and Conditions. The inclusion of the client's general terms and conditions is expressly objected to!

§ 2 General subject of the Contract

Fanomena Leads Cloud Services gives the client the technical possibility and authorisation to access a software application hosted on a server by a third party provider via telecommunications and to use the functionalities of the software application within the scope of this contract. In this case, the third party hosting provider is Heroku, which uses the server infrastructure of Amazon AWS. The servers of our hosting partner are located within the European Union.

§ 3 General services

Fanomena Leads Cloud Services is a cloud based software solution. Fanomena Leads Cloud Services enables companies of all types and sizes to digitally (mobilely) share their offers, promotions and information with potential customers. A login system gives the customer access to the product (dashboard) and allows him to create and manage his campaigns. In addition to creating and managing users, content cards, leads and access to the personalized microsite, the client can arrange for a link to an individualized microsite to be sent by email to the client's potential customers and also has access to statistics that analyze and evaluate the use of the personalized microsite by the participants. Potential customers (=leads) of the client have web-based access to the personalized microsite and can read, use and redeem offers, actions and information.

§ 4 Usage right

4.1 Our Client shall have the non-exclusive right to access Fanomena Leads Cloud Services via telecommunications and to use the functionalities associated with Fanomena Leads Cloud Services in accordance with the Fanomena Leads Cloud Services Agreement via a browser for the duration of this Agreement. The Customer shall not be granted any additional rights, in particular to Fanomena Leads Cloud Services, the software application or the operating software.

4.2 The Customer is not entitled to use Fanomena Leads Cloud Services beyond the use permitted under the Fanomena Leads Cloud Services Agreement and these Fanomena Leads Cloud Services Terms of Use or to have it used by third parties beyond the use permitted under the Fanomena Leads Cloud Services Agreement and these Fanomena Leads Cloud Services Terms of Use or to make it accessible to third parties beyond the use permitted under the Fanomena Leads Cloud Services Agreement and these Fanomena Leads Cloud Services Terms of Use. In particular, the Client is not permitted to reproduce, sell or temporarily transfer Fanomena Leads Cloud Services or parts thereof, in particular not to rent or lend them out.

4.3 If the contractual use of Fanomena Leads Cloud Services is impaired through no fault of FANOMENA by the intellectual property rights of third parties, FANOMENA is entitled to refuse the services affected thereby. FANOMENA will inform the client immediately and allow him access to his data in an appropriate manner. In this case, the Customer shall not be obliged to pay. Other claims or rights of the client remain unaffected.

§ 5 Data protection and data security

5.1 Both parties shall observe the applicable provisions of data protection law, in particular those applicable in Germany (EU Data Protection Basic Regulation, BDSG New), and shall oblige their employees employed in connection with the contract to maintain data secrecy and confidentiality, unless they are already under a general obligation to do so.

5.2 If Customer collects, processes or uses personal data itself or through FANOMENA, Customer warrants that it is entitled to do so in accordance with the applicable provisions of data protection law, in particular, and shall indemnify FANOMENA against claims by third parties in the event of a breach.

5.3 It is made clear that the customer remains 'master of the data' both generally in the contractual relationship and in the sense of data protection law. The client is the sole owner with regard to the right of disposal and ownership of all customer-specific data (entered data, processed, stored data, output data). FANOMENA does not control the data and content stored for the client with regard to the legal permissibility of collection, processing and use; this responsibility is assumed exclusively by the client.

5.4 If necessary, the parties shall conclude the necessary contract for the processing of personal data on behalf of the Customer (contract processing agreement pursuant to Art. 28 DSGVO) separately and attach it to the contractual documents.

5.5 FANOMENA shall take technical and organizational precautions and measures to ensure data protection. In principle, the Client is not entitled to demand access to the premises with the software application, server and operating software as well as other system components of Fanomena Leads Clouds Services. This shall not affect the Customer's access rights after written registration to verify compliance with the technical and organizational measures and other legal and contractual handling of personal data by FANOMENA in the context of the operation of Fanomena Leads Cloud Services in accordance with this Agreement.

§ 6 Obligations and duty of the customer

6.1 The Client shall fulfil the obligations incumbent upon him for the provision and execution of the Fanomena Leads Cloud Services Agreement. In particular
6.1.1 pay the agreed prices on time;
6.1.2 protect the assigned user and access authorizations as well as identification and authentication backups against access by third parties and do not pass them on to unauthorized participants;
6.1.3 ensure that all industrial property rights and copyrights are observed (e.g. when transferring texts and data from third parties to FANOMENA's servers);
6.1.4 to obtain the necessary consent of the person concerned, insofar as he or she collects, processes or uses personal data within the framework of the use of Fanomena Leads Cloud Services and no legal basis for permission is involved;
6.1.5 Fanomena Leads Cloud Services shall not be misused or allowed to be misused, in particular shall not transmit information offers with illegal or immoral content or refer to information that serves to incite hatred, lead to criminal offences or glorify or trivialise violence, are sexually offensive or pornographic, are suitable to seriously endanger the morals of children or adolescents or impair their well-being or damage the reputation of FANOMENA;
6.1.6 refrain from attempting to access or interfere with any information or data unauthorized by FANOMENA or any unauthorized third party, or to interfere with or allow to interfere with any programs operated by FANOMENA, or to interfere with any data networks operated by FANOMENA unauthorizedly;
6.1.7 not misuse the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming);
6.1.8 indemnify FANOMENA against any claims by third parties based on or endorsed by FANOMENA Leads Services' unlawful use, or arising in particular from data protection, copyright or other legal disputes arising out of the use of FANOMENA Leads Cloud Services. If the client recognizes or must recognize that such a violation is imminent, he is obliged to inform FANOMENA immediately;
6.1.9 back up the data transmitted to FANOMENA on a regular basis and in accordance with the risks involved, but at least once a day, and make its own backup copies in order to ensure that the data and information are reconstructed in the event of loss;
6.1.10 Before sending data and information, check them for viruses and use state-of-the-art virus protection programs;
6.1.11 to secure his data stocks existing in the system as well as the analyses carried out by FANOMENA by downloading them until the termination of the Fanomena Leads Clouds Services contract, since after termination of the contract, access to these data stocks by the Customer is no longer possible.

6.2 Access to Fanomena Leads Clouds Services is via telecommunications. Prerequisites for the use of Fanomena Leads Cloud Services are: - Internet access - Current browser/client (display errors may occur with obsolete browser/client versions)

6.3 The provision of these prerequisites as well as the telecommunication services including the transmission services from the service transfer point to the equipment used by the customer are not subject matter of this contract, but are the responsibility of the customer.

§ 7 Use of Fanomena Leads in breach of contract

7.1 FANOMENA is entitled to block access to Fanomena Leads Cloud Services and its data in the event of an unlawful breach by the Customer of one of the essential obligations stipulated in this contract, in particular in the event of a breach of the obligations specified in § 6.1.5 - 6.1.7. Access shall only be restored when the breach of the material obligation concerned has been permanently eliminated or the risk of recurrence has been ensured to FANOMENA by the submission of an appropriate and punishable cease-and-desist declaration. In this case, the customer remains obliged to pay the agreed prices.

7.2 FANOMENA is entitled to delete the data concerned in the event of a violation of § 6.1.5 - 6.1.7.

7.3 In the event of an unlawful breach of the obligations set forth in § 6.1.5 - 6.1.7 by a participant authorized by the Customer, the Customer shall, upon request and without delay, provide FANOMENA with all information required to assert claims against the participant, in particular its name and address.

§ 8 Terms of payment

8.1 The customer shall pay the prices agreed in the order document.

8.2 Prices are due after invoicing. The invoice amount must be credited to the account specified in the invoice no later than 30 days after receipt of the invoice.

8.3 All prices are net prices and are increased by the applicable statutory value-added tax.

§ 9 Liability

9.1 FANOMENA shall be liable to the Customer without limitation in the event of intent or gross negligence for all damages caused by the Customer and its legal representatives or vicarious agents.

9.2 In the event of slight negligence, FANOMENA shall have unlimited liability in the event of injury to life, limb or health. Otherwise, FANOMENA shall only be liable if FANOMENA has violated an essential contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for foreseeable, typically occurring damages and shall not apply to consequential damages.

9.3 The strict liability of FANOMENA for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded. § 9.1 and 9.2 remain unaffected.

9.4 Liability in accordance with the provisions of the Product Liability Act shall remain unaffected.

§ 10 Force majeure

10.1 FANOMENA is released from the obligation to perform under this contract if and to the extent that the non-fulfilment of services is due to the occurrence of circumstances of force majeure after conclusion of the contract.

10.2 Circumstances of force majeure include war, strikes, riots, expropriations, cardinal legal changes, storms, floods and other natural disasters as well as other circumstances for which FANOMENA is not responsible.

10.3 Each party shall immediately notify the other party in writing of the occurrence of any event of force majeure.

§ 11 Commencement of the contract and term; termination for a serious cause

11.1 The contract shall come into force at the beginning of the agreed contractual term and shall end upon expiry of the agreed contractual term. The agreed contract period results from the Fanomena Leads Cloud Services contract.

11.2 The right to terminate the contract for good cause remains unaffected. Termination must be made in writing.

§ 12 Final provisions

12.1 The Client may transfer the rights and obligations arising from this contract to third parties only with the prior written consent of FANOMENA.

12.2 The contractual relations shall be governed by German law. The place of jurisdiction shall be Saarbrücken.

Fanomena GmbH, Mai 2019

© Copyright Fanomena 2019

Data security

General privacy policy

I. General information

The protection of your personal data is important to us. In the following we would therefore like to inform you in detail which data we collect from you on the one hand within the scope of current business relations and on the other hand during your visit to our Internet presence and the use of our offers there and how these are subsequently processed or used by us and which rights you are entitled to in this respect. Your personal data, such as your name, address, e-mail address or telephone number, will only be processed by us on the basis of statutory data protection legislation, i.e. the EU Data Protection Basic Regulation (DSGVO), the Federal Data Protection Act (BDSG-neu) and the Telemedia Act (TMG). The extent of the data collected and processed by us differs depending on whether you visit our website only to retrieve information or also make use of services offered by us via our website or otherwise.

II. Definitions

Our data protection declaration uses the terms of the EU data protection basic regulation (DSGVO), which we would like to briefly explain to you for easier understanding. These and other definitions can be found in Art. 4 DSGVO.

(a) personal data

"personal data' means any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'); a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person, is regarded as identifiable.

(b) affected persons

"persons affected" means any identified or identifiable natural person whose personal data are processed by the controller.

(c) processing

"processing' means any operation or set of operations which is carried out with or without the aid of automated processes relating to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.

(d) Limitation of processing

"Limitation of processing' means the marking of stored personal data with the aim of limiting their future processing.

(e) pseudonymisation

"pseudonymisation' means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

f) Person responsible

"Person responsible" means the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data; where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his designation may be provided for by Union law or by the law of the Member States

(g) Processors under contract

"processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the person responsible.

(h) Recipient

"recipient' means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data under a specific investigation mandate in accordance with Union law or the law of the Member States shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.

(i) third parties

"third party' means a natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the person responsible or the processor.

(j) consent

"consent" of the data subject shall mean any voluntary, informed and unambiguous expression of will in a particular case, in the form of a statement or other unambiguous act of confirmation, by which the data subject indicates his or her consent to the processing of personal data concerning him or her.

III. type of personal data involved/purposes of processing

Among the personal data to be processed by us are salutation, surname, first name, a valid email address, date of birth, address, telephone and fax numbers, bank data and, if applicable, images of you, provided that you make these available to us - i.e. all personal information that we need in order to be able to provide our contractual services for you. This data is collected in order to be able to identify you as our customer, to process your customer order appropriately, for correspondence with you, for invoicing, for processing any claims that may exist and for asserting any claims against you. Failure to provide personal data (with the exception of telephone and fax numbers) will result in the order not being executable. Non-communication of telephone and fax numbers restricts our ability to communicate with you. The data processing takes place on your request and is according to Art. 6 Para. 1 S. 1 lit. b DSGVO necessary for the purposes mentioned for the appropriate processing of your request or product use and for the mutual fulfilment of obligations under the contract. We do not carry out automated decision-making (in particular profiling). Your data will not be passed on to third parties without your express consent. Excluded from this are only our service partners, such as data hosts, software providers, external consultants (accountants/tax consultants) and similar, which we need to process the contractual relationship and to fulfill our services. In these cases we strictly observe the requirements of the relevant data protection laws. The scope of data transmission is limited to a minimum. The passed on data may be used by the third parties exclusively for the named purposes. The personal data processed by us within the framework of the contractual relationship will be stored until the contract has been duly fulfilled, including the statutory periods for warranty against defects, and deleted thereafter, unless we are obliged to store them for a longer period of time pursuant to Article 6 para. 1 sentence 1 lit. c DSGVO due to tax and commercial law or other statutory storage and documentation obligations (e.g. from HGB, StGB or AO), or unless you have consented to storage going beyond this pursuant to Article 6 para. 1 sentence 1 lit. a DSGVO.

IV. Name and address of the person responsible for processing personal data

The person responsible within the meaning of the Basic Data Protection Regulation is:

Fanomena GmbH.
www.fanomena.io
Dudweilerstraße 71
66111 Saarbruecken
Germany

Marc Grewenig and Max Ulbrich (Managing directors)
Phone: +49 (0) 681 84492557
Email: info@fanomena.io

V. Name and contact details of the data protection officer

Der Datenschutzbeauftragte des für die Verarbeitung Verantwortlichen ist:

Oliver Pikolleck
Attorney at law and certified external
data protection officer (TÜV-cert.)
hiLevDATA GmbH & Co.KG

contact details
datenschutzbeauftragter@fanomena.de
pikolleck@hilevdata.de

Every person who is affected can contact our data protection officer directly at any time with all questions and suggestions regarding the subject of data protection.

VI. special regulations regarding our website: www.fanomena.io

Server data

If you use our Internet presence for purely informational purposes, the data that your Internet browser automatically transmits will be collected and processed, such as:

Browser type
Date and time of retrieval
Browser settings
The operating system used
Website from which you visit us and the site you visit
Your IP address

This data is anonymised and stored and processed separately from your personal data. The collection of the data is necessary in order to enable the use of our website at all. The processing of the data takes place solely for statistical purposes and for the purpose of improving our Internet offer.

Easy use of a contact option

On our website we offer you the possibility to get in touch with us via a contact form, by phone or by email. If you use the above-mentioned contact options, the information you provide will be stored for the purpose of processing your enquiry. A passing on to third parties does not take place.

Use of cookies

We use the technology of cookies for our Internet presence. Cookies are small text files which are sent to your browser by our web server during your visit to our website and which are then stored on your computer. These are mainly so-called session cookies which are only stored for the duration of your visit to our website and then deleted. You can determine yourself in your browser whether cookies can be set and retrieved. However, for the full functionality of our website, the session cookies must be permitted for technical reasons.

We do not collect or store any personal data in connection with the use of cookies. We also do not use any techniques to link the information generated by cookies with user data.

VII Rights of the person affected

a) Recht auf Auskunft; Art. 15 DSGVO

Any data subject involved in the processing of personal data shall have the right, conferred by the basic Regulation on data protection, to obtain at any time from the controller, free of charge, access to the personal data relating to that data subject and a copy thereof. The data subject shall also have the right to obtain information on the following:

the processing purposes
the categories of personal data to be processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing the existence of a right of appeal to a supervisory authority
o if the personal data is not collected from the data subject: All available information about the origin of the data
o the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject

The data subject also has a right of access to information on whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer. If a person affected wishes to exercise this right to information, he or she can contact us at any time using the contact details of the person responsible for processing mentioned in paragraph I.2.

b) Right to rectification; Art. 16 DSGVO

Any person data subject to the processing of personal data has the right, granted by the basic Regulation on data protection, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement. If a data subject wishes to exercise this right of rectification, he or she may contact us at any time at the contact details of the data controller referred to in paragraph I.2..

c) Right to cancellation (right to be forgotten); Art. 17 DSGVO

Any person data subject to the processing of personal data has the right, granted by the Basic Data Protection Regulation, to request the controller to erase personal data concerning him or her without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

The personal data have been collected for such purposes or processed in any other way for which they are no longer necessary. The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO and there is no other legal basis for the processing. The data subject objects to the processing under Article 21(1) DSGVO and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DSGVO. The personal data have been processed unlawfully. The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject. The personal data were collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO. If one of the above reasons applies and a person concerned wishes to have personal data stored by us deleted, he or she can contact us at any time at the contact details of the data controller mentioned in paragraph I.2. We will immediately comply with your justified request for deletion.

> If we have made the personal data public and if our company, as the person responsible, is obliged to delete the personal data pursuant to Art. 17 (1) DSGVO, our company, taking into account the available technology and the implementation costs, shall take appropriate measures, also of a technical nature, to inform other persons responsible for data processing who process the published personal data that the data subject has requested these other persons responsible for data processing to delete all links to these personal data or copies or replications of these personal data, insofar as the processing is not permitted.

d) Right to limitation of processing; Art. 18 DSGVO

Any person data subject to the processing of personal data has the right, conferred by the Basic Data Protection Regulation, to request the controller to limit the processing if one of the following conditions is met:

the accuracy of the personal data is disputed by the data subject for a period of time which enables the data controller to verify the accuracy of the personal data. the processing is unlawful, the data subject refuses to erase the personal data and instead requests the restriction of the use of the personal data.
the controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights. the data subject has lodged an objection to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject. If one of the above conditions is met and a person concerned wishes to request the restriction of personal data held by us, he or she can contact us at any time using the contact details of the data controller mentioned in paragraph I.2.

e) Right to data transferability; Art. 20 DSGVO

Any person data subject to the processing of personal data has the right under the Basic Data Protection Regulation to obtain the personal data concerning him which he has provided to a controller, in a structured, common and machine-readable format, and has the right to communicate such data to another controller without being hampered by the controller to whom the personal data were provided, provided that

the processing is based on a consent pursuant to Article 6(1)(a) DSGVO or Article 9(2)(a) DSGVO or on a contract pursuant to Article 6(1)(b) DSGVO, and the processing is carried out using automated procedures.

Furthermore, in exercising his right to data transferability pursuant to Art. 20 (1) DSGVO, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons. In order to assert the right to data transferability, the person concerned may contact us at any time at the contact data of the person responsible for processing mentioned in paragraph I.2.

f) Right of objection; Art. 21 DSGVO

Any person data subject to the processing of personal data has the right under the Basic Data Protection Regulation to object at any time, on grounds relating to his/her particular situation, to the processing of personal data concerning him/her carried out pursuant to Article 6(1)(e) or (f) of the DSGVO. This also applies to profiling based on these provisions. As the person responsible, we will no longer process the personal data in the event of objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims. If we process personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling in so far as it is connected with such direct advertising. If the data subject objects to our processing for direct marketing purposes, we will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data concerning him or her by us as the data controller for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DSGVO for reasons arising from his or her particular situation, unless such processing is necessary for the performance of a task in the public interest. In order to exercise the right to object, the data subject may contact us at any time using the contact details of the data controller referred to in section I.2.

g) Right to revoke consent under data protection law

Any person concerned by the processing of personal data has the right under the Basic Data Protection Regulation to revoke at any time his consent to the processing of personal data. If the data subject wishes to exercise his/her right to revoke his/her consent, he/she can contact us at any time using the contact details of the person responsible for processing mentioned in paragraph I.2.

h) Right of appeal; Art. 77 DSGVO

Any person data subject to the processing of personal data shall have the right to complain to a supervisory authority as provided for in the basic Regulation on data protection. As a rule, you can contact the supervisory authority at your usual place of residence or workplace or at our company headquarters.

Fanomena GmbH, Mai 2019