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Processing of (personal) data by the entity in charge of the online application process

GENERAL TERMS AND CONDITIONS (GTC)

1. SCOPE AND PARTIES

1.1 Any supplies and services provided based on a purchase order placed in the web shop available at shop.blackroll.de (hereinafter referred to as “Online Shop”) will be exclusively provided subject to the following General Terms and Conditions, as amended and applicable at the time of the purchase order. Unless otherwise agreed, deviating terms and conditions shall not apply.
1.2 Customers within the meaning of these General Terms and Conditions can be both, consumers and business persons. Consumers within the meaning of these General Terms and Conditions are individuals that place the purchase order for a purpose that cannot be primarily attributed to their commercial or self-employed activities. Business persons within the meaning of these General Terms and Conditions are individuals, legal entities or partnerships with legal capacity that place the purchase order in the course of their commercial or self-employed activities.
1.3 The Online Shop is provided by BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, represented by its CEO Peter Rohn, phone +49 (0)7141 309 8853-0, fax +49 (0)7141 309 8853-9, shop@blackroll.com, commercial register office: Canton of Thurgau, company identification number (UID)/company number: CHE-228.574.355 (hereinafter referred to as “BLACKROLL”). BLACKROLL becomes the party to any purchase order placed in the Online Shop.

2. CONTRACT CONCLUSION

2.1 The presentation of the goods in the Online Shop does not constitute a legally binding offer on the conclusion of a contract by BLACKROLL, but is merely a non-binding invitation to place a purchase order.
2.2 Customers must have a minimum age of 18 years. Goods will only be sold in normal household quantities.
2.3 The Customer may select goods in the Online Shop and place them in its shopping cart by clicking on the button “In den Warenkorb/add to shopping cart”. Inaccurate input may be corrected by using the customary keyboard and mouse functions or the button “Review order” at any time, until the Customer clicks on the button “complete order“. By clicking the button “complete order” the Customer submits a binding offer on the purchase of the goods placed in the shopping cart.
2.4 Upon receipt of the purchase order, BLACKROLL will send an automatic confirmation of receipt to the email account that you specify. This automatic confirmation of receipt does not constitute the acceptance of the purchase order, but only documents that the purchase order has been received by BLACKROLL.
2.5 The contract with BLACKROLL will be concluded when BLACKROLL confirms the acceptance and processing of the purchase order as well as the shipping of the goods by a separate email (order/shipping confirmation) to the Customer.
2.6 In the event it should not be possible to deliver the ordered goods, for instance, since the corresponding goods are not in stock, BLACKROLL will not send an order/shipping confirmation. In this case, no contract will be concluded. BLACKROLL shall promptly notify the Customer and, if applicable, promptly refund any consideration that it may already have received. The Customer may agree with the customer service department on a later delivery date.

3. ELECTRONIC STORAGE OF THE CONTRACT TEXT

In accordance with the statutory requirements, BLACKROLL will store the purchase order together with the GTC and any data input during the ordering process. Upon the completion of the ordering process in the Online Shop, the ordering data and GTC may be printed by the Customer after clicking the button “zahlungspflichtig bestellen/order with obligation to pay“. In addition, the Customer will be provided with this information in the confirmation of receipt and the order/shipping confirmation by email. In the event the Customer has registered as a user in the Online Shop, it is also possible to view the order data in the section “Mein Konto/my account” of the Online Shop. In the event the Customer should not have registered in the Online Shop and wish to have its order data forwarded, it may send an email to shop@blackroll.com.

4. INFORMATION ON THE RIGHT OF WITHDRAWAL AND MODEL WITHDRAWAL FORM

If the Customer is a consumer, he/she has a right of withdrawal as described below:
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise your right of withdrawal, you must inform us, (Customers with a shipping address in Germany or other countries except Switzerland please use the following contact details: AREAS Fitness Private GmbH, c/o BLACKROLL AG, Gottlieb-Daimler-Str. 1, 78467 Konstanz, Deutschland, Tel. +49 (0)7141 309 8853-0, Telefax +49 (0)7141 309 8853-9, shop@blackroll.com; Customers with a shipping address in Switzerland please use the following contact details: BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, phone +49 (0)7141 309 8853-0, fax +49 (0)7141 309 8853-9, shop@blackroll.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, phone, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back from you or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us, Customers with a shipping address in Germany or other countries except for Switzerland: Mr. Alexander Jung – Punktgenau - Marketing für Business, Sport & Events, Hofener Weg 33C, D-71686 Remseck am Neckar, Germany, and Customers with a shipping address in Switzerland to BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information on the right of withdrawal
Model withdrawal form
(Complete and return this form if you wish to withdraw from the contract)
Customers with a shipping address in Germany or other countries except for Switzerland: AREAS Fitness Private GmbH, c/o BLACKROLL AG, Gottlieb-Daimler-Str. 1, 78467 Konstanz, Deutschland, Tel. +49 (0)7141 309 8853-0, Telefax +49 (0)7141 309 8853-9, shop@blackroll.com; Customers with a shipping address in Switzerland: BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, fax +49 (0)7141 309 8853-9, shop@blackroll.com.
I/we (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods (*)
Product __________________________________________
Ordered on (*) / received on (*) __________________________________________
Name of consumer(s) __________________________________________
Address of consumer(s) __________________________________________
Signature of consumer(s) (only if notice is sent on paper) __________________________________________
Date__________________________________________
(*) Delete as appropriate

5. Prices and shipping charges

5.1 The shipping charges are indicated here and will be computed during the ordering process and shown to the Customer.
5.2 Prices are indicated in Euro (EUR).
5.3 Unless otherwise provided in the product description, the prices indicated in the Online Shop are retail prices that include the then-applicable statutory value added tax (VAT); shipping charges will be added separately.
5.4 In the event of shipments to locations outside Germany, depending on the goods shipped, customs, other charges and levies, plus tax in the country of destination may become due. The Customer will bear these costs and charges and pay them directly to the competent authority. BLACKROLL recommends obtaining information from the responsible authority in advance.

6. DELIVERY TERMS AND PERIODS

Goods will be shipped to the shipping address provided by the Customer. Depending on the time of the receipt of order, purchase orders will be processed and prepared for shipment as soon as possible. Goods will be delivered by parcel service. Unless the parties agree otherwise, the delivery period for shipments within Germany will be up to five (5) business days and for shipments outside Germany up to fourteen (14) business days following the completion of the ordering process by the Customer.

7. PAYMENT TERMS

7.1 BLACKROLL accepts payments via credit card (Visa, Mastercard), PayPal and Sofortüberweisung.
7.2 Unless otherwise provided, the payment of the purchase price becomes due upon the conclusion of the contract.
7.3 Payment via invoice and financing
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you invoice and payment in instalments as payment options. Please be aware that Invoice and Part Payment are only available for consumers and that the payment is to be made to Klarna.

Invoice
When purchasing with Invoice you receive your goods first and you have always a payment period of 14 days. The complete terms and conditions you can find here. The online shop charges a fee of 0,00
€ for invoice purchases.

Part Payment
With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. Further information regarding Part Payment including terms and conditions and Standard European Consumer Credit Information you can find here.

Data Protection Notice
Klarna reviews and evaluates the data you provided and in case of legitimate interest performs a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarnas privacy statement.

8. IMPROVEMENTS AND MODIFICATIONS

BLACKROLL reserves the right to modify or change the product, including without prior notice, if this improves the product quality from the manufacturer’s perspective. Slight deviations from descriptions and illustrations are possible.

9. RESERVATION OF TITLE

BLACKROLL reserves any ownership rights and title in and to the goods until full payment has been received.

10. WARRANTY

Warranty is subject to statutory provisions. The limitations period for statutory warranty claims is two (2) years as of delivery of the goods.

11. DATA PROTECTION

BLACKROLL collects and uses the personal data provided (e.g., name, address or email) in accordance with the provisions of the applicable data protection law. For further information please refer to our Privacy Policy.

12. APPLICABLE LAW, PLACE OF JURISDICTION, AND CONTRACT LANGUAGE

12.1 This Agreement is governed by Swiss law; the UN Convention on the International Sale of Goods (CISG) shall not apply.
12.2 In the event the Customer acts as a consumer, the above choice of law clause shall only apply to the extent that this does not deprive the Customer from its protection by mandatory statutory provisions of the country in which the Customer has its habitual place of abode.
12.3 If the Customer is a business person, a public law entity, or a special fund under public law (öffentlich-rechtliches Sondervermögen), the parties agree on Kreuzlingen (Canton of Thurgau, Switzerland) as the place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions or any contracts concluded under them.
12.4 German is the exclusive contract language.
Version: 04/2017

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.