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SiteDu.de Terms of Service

These Terms of Service govern your use of the website located at https://sitedu.de and any related services provided by SiteDu.de.

By accessing https://sitedu.de, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by SiteDu.de.

We, SiteDu.de, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on May 17, 2024.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

    • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

    • remove any copyright or other proprietary notations from any materials and software on this website;

    • transfer the materials to another person or “mirror” the materials on any other server;

    • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service SiteDu.de provides;

    • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

    • use this website or its associated services in violation of any applicable laws or regulations;

    • use this website in conjunction with sending unauthorised advertising or spam;

    • harvest, collect, or gather user data without the user’s consent; or

    • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to SiteDu.de and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by SiteDu.de at any time.

Liability

Our website and the materials on our website are provided “as is” without warranty of any kind. To the fullest extent permitted by law, SiteDu.de makes no representations or warranties, either express or implied, and hereby disclaims all other warranties, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights.

SiteDu.de or its suppliers shall not be liable for any consequential damages arising from the use or inability to use this website, the materials contained on this website, or from the use or inability to use our offerings, services, or products, even if SiteDu.de or an authorized representative has been advised orally or in writing of the possibility of such damages.

For the purposes of this agreement, the term “consequential damages” includes all consequential damages, indirect losses, actual or anticipated loss of profits, lost revenues, business interruptions, loss of goodwill, loss of opportunities, lost savings, reputational damage, downtime, and/or loss or damage to data, regardless of whether such damages arise in tort (including negligence), contract, statute, equity, or otherwise.

The following situations, among others, are excluded from liability:

  • Hacking attacks that allow unauthorized access to data or functions of the website.
  • Server outages that result in interruptions or outages of website access.
  • Technical issues beyond the control of SiteDu.de, such as internet connectivity problems or network disruptions.
  • Data loss caused by errors in the server infrastructure or by third parties.
  • Maintenance work that may lead to temporary interruptions of online services.
  • Defective applications or software used on the website that are not provided by SiteDu.de.
  • Delays or interruptions due to force majeure, such as natural disasters, war, or terrorist acts.


Since some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, these limitations may not apply to you.

Please note that this extended disclaimer is designed to clarify our legal obligations and to make it clear that we cannot be held responsible for damages or losses that arise from the use of our services, products, or offerings under certain circumstances.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. SiteDu.de does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

SiteDu.de has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by SiteDu.de of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Subscription Plans

Sitedu.de offers various subscription plans for Website Management and Managed Hosting. These plans are designed to cater to different needs and budgets. The specific features and services included in each plan are detailed on our website. Once a subscription plan is chosen and payment is made, the client will have access to the services included in that plan for the duration of the subscription period.

Subscription Renewal and Cancellation

Subscriptions are set to automatically renew at the end of each billing cycle to ensure uninterrupted service. Clients will be notified prior to the renewal date. If a client wishes to cancel their subscription, they must do so before the renewal date to avoid being charged for the next cycle. Cancellations made after the renewal date will take effect from the next billing cycle.

Payment and Refunds

Payment for subscription plans is due at the beginning of each billing cycle. Accepted payment methods are detailed on our website. Refunds are only applicable for Website Management Plans as per the conditions stated in our Return Policy. In cases where a refund is applicable, the costs associated with domain registration will be deducted from the refund amount due to the external costs incurred for domain registration.

Changes to Subscription Plans

Sitedu.de reserves the right to modify the features and prices of its subscription plans at any time. Any changes will be communicated to existing subscribers in advance. Changes will not affect the current billing cycle of existing subscribers but will take effect from the next billing cycle.

Ownership of Websites and Domains

In accordance with the terms of service of Sitedu.de, the ownership of the websites and domains provided to the client is entirely vested in the client for the duration of their active subscription. This means that the client has full control and rights over the website(s) and domain(s) associated with their account. Furthermore, clients can request their domain details, necessary for transferring their domain to another provider, as long as their subscription is active. It’s important to note that this ownership is conditional and remains valid as long as the client’s subscription is active. Once the subscription is terminated or lapses, the rights to the website(s) and domain(s) may revert back to Sitedu.de, unless otherwise specified in a separate agreement.

Website Export

While the ownership of the website entitles the client to full control and rights over the content, it does not automatically grant the ability to export the website in its entirety for users on the Basic plan. The function to export websites is exclusively available to clients subscribed to the Pro, Business, and Enterprise plans. However, Basic plan users are not completely restricted from exporting their website. They can still export the website through other means not directly provided by Sitedu.de. This ensures that even Basic plan users have a degree of flexibility in managing and transferring their website content, albeit with certain limitations. Furthermore, clients only export their website, as long as their subscription is active.

Sitedu.de features & offers

At sitedu.de, we offer several website packages with varying features to cater to your needs.

Free Website Offer

Sitedu.de is pleased to offer the possibility of a free website as part of our commitment to providing value to our clients. This offer is available exclusively to users subscribed to the Basic and Pro plans as these plans work with pre-designed templates. These templates allow users to quickly set up their website. Clients will need to adjust and customize this template according to their specific needs and preferences. The free website offer does not entitle the user to a fully customized website. It provides a basic framework upon which the user can build and develop their website.

On the other hand, our more sophisticated Business and Enterprise plans require customized WordPress solutions. These plans are designed for users who need a higher level of customization and control over their website design and functionality, which goes beyond the scope of pre-designed templates. Therefore, the free website offer is not applicable to the Business and Enterprise plans.

Free Domain Offer

As part of our paid subscription plans, we offer a free domain for the duration of your subscription. The following conditions apply:

  1. The free domain offer is limited to the domain endings presented on our website at sitedu.de/service/domain/.
  2. Any other domain endings outside of the listed options may incur additional fees, which will be clearly communicated before completion of the registration process.
  3. All domains are subject to availability at the time of registration.

Security Packages

Our security packages are designed to provide varying levels of protection and performance to meet the diverse needs of our customers. We recommend selecting the package that best aligns with your security requirements and business goals. Below is a detailed explanation of the available security features included in our plans:

  • Essential Web Security: This entry-level package includes an SSL certificate to ensure secure data transmission, a strong Firewall to protect against unauthorized access, and 30 days of backups to ensure your content can be restored in case of data loss.
  • Security Plus: This package includes all the features of the Essential Web Security plan, with the addition of uptime monitoring at a 15-minute interval to help you track the availability of your website. Furthermore, it provides Malware Removal services to keep your site safe from malicious threats.
  • Security Premium: In addition to the features included in the Security Plus package, Security Premium offers uptime monitoring at a more frequent interval of 5 minutes, and implements 4 backups and 4 malware scans daily to enhance your site’s security and performance.
  • Security Diamond: Our most comprehensive package, Security Diamond, provides exceptional coverage with hourly backups and hourly malware scans. This plan is designed for businesses that require maximum protection and minimal downtime, ensuring that your website remains secure and functional at all times.

Compliance Packages

Our Compliance packages offer a range of standardized policies designed to help you maintain your online presence responsibly. The packages include:

  • Basic: This package comprises a cookie form and a cookie policy.

  • Pro: This includes everything from the Basic package and adds a comprehensive privacy policy.

  • Business: This package incorporates all items from the Pro package and includes a Terms of Service document.

  • E-Commerce: Offering everything in the Business package, this option also features Acceptable Use and Return Policy.

Please note that while we provide these standardized policies, it is your responsibility as the client to verify the correctness of these documents and make any necessary modifications tailored to your specific needs.

SEO Packages

Our SEO packages are designed to give you a full overview on your perforamcen in search engines. These are our available plans:

  • SEO Starter Package: This package includes monthly reports on your keywords. You will receive insights on your keyword rankings and how they change over time. Recommendations for actions to improve your SEO will be provided in these reports.
  • SEO Plus Package: Includes all features from the SEO Starter Package. You will gain access to a personal SEO Dashboard tailored to your needs. Custom keyword suggestions will be provided to enhance your SEO strategy.

Please note: Your SEO Results may vary based on your website’s current state, competition, and other factors beyond our control.

Emails

As part of the services offered by Sitedu.de, clients have access to email features. However, the usage and storage of emails are limited to the capacity advertised in the chosen plan. Users are advised to monitor their email storage usage to ensure they remain within their allocated limit. Exceeding the storage limit may result in:

  1. The inability to send or receive new emails until enough space is cleared.
  2. Potential deletion of older emails to accommodate new incoming messages, depending on the email service provider’s policies.
  3. Notifications will be sent when storage limits are approaching.

Users are encouraged to review their subscription plan details to understand the specific storage limits applicable to their account.

Website Care

SiteDu.de offers a Website Care service focused on the maintenance and care of your website. This offering includes the following services:

  • Maintenance
  • Website Updates
  • Debugging and Error Fixing
  • Website Customization

Depending on the chosen subscription plan, the following hours are included each month:

  1. Basic: 1 hour
  2. Pro: 1 hour
  3. Business: 2 hours
  4. Enterprise: 3 hours

The mentioned hours apply exclusively for the current month and are non-transferable. Unused hours will not be carried over to the next month.

Please note that the services provided under the Website Care offering will be delivered solely within the specified time frames and according to the chosen subscriptions. Customers are encouraged to utilize their hours within the given month to maximize the benefits of this service.

Standard Logo

When purchasing our Standard Logo, the following terms apply:

  1. Logo Design Suggestions: Upon confirmation of your order, you will receive three distinct logo design suggestions. You may choose one of these designs for further refinement or final use.
  2. File Format: The final logo will be delivered as a PNG file, featuring a transparent background to ensure flexibility in usage across various platforms.
  3. Usage Rights: Once the final logo is delivered, you will hold the rights to use the logo for your intended purposes, in accordance with our general usage policies.

Client’s Legal Responsibilities

As a client of Sitedu.de, you are solely responsible for all legal obligations related to the use, management, and operation of your website and domain. This includes, but is not limited to, ensuring compliance with data protection laws, copyright laws, e-commerce regulations, and any other legal requirements applicable in your country or jurisdiction.

Sitedu.de provides website and domain services but does not guarantee that its products are compliant with all national laws of the client’s country. It is the client’s responsibility to ensure that their website content, operations, and practices adhere to their respective national laws.

Furthermore, Sitedu.de will not be held liable for any legal issues or penalties that may arise due to the client’s non-compliance with their national laws. Clients are urged to seek independent legal advice if they have any doubts about their legal obligations related to the operation of their website and domain.

Compliance with Policy Documents

The client’s legal responsibilities extend particularly, but not exclusively, to the compliance of various policy documents associated with their website. These may include, but are not limited to, Terms and Conditions, Privacy Policy, Acceptable Use Policy, Cookie Policy, Return Policy, and other similar documents.

While Sitedu.de may provide templates or general outlines for these policy documents, it is important to note that these are designed to cover common, general use-cases and may not fully comply with the specific legal requirements of your country or jurisdiction. They may not account for the unique aspects of your business, website, or user interactions.

Therefore, we strongly recommend that clients seek independent legal advice in order to create customized policy documents that accurately reflect their business operations and are fully compliant with all relevant laws and regulations. Sitedu.de will not be held liable for any legal issues or penalties that may arise due to non-compliance with these policy documents.

Website Security

At Sitedu.de, we prioritize the security of your website and do everything within our capacity to safeguard it. We employ various security measures to protect your website from unauthorized access or cyber threats. However, despite our best efforts, we cannot guarantee absolute immunity from hacking or other security breaches.

Therefore, it’s crucial for clients to also take proactive steps to enhance the security of their websites. Some recommended actions include:

    • Using strong, unique passwords for your website and changing them regularly.

    • Enabling multi-factor authentication, if available.

    • Keeping your website and all its components (plugins, themes, etc.) updated to the latest version.

    • Regularly backing up your website data.

    • Being cautious of suspicious emails or messages that could be phishing attempts.

By taking these steps, you can significantly reduce the risk of security breaches and ensure the safety of your website.

Discounts and Vouchers

From time to time, Sitedu.de may offer discounts or vouchers as part of our promotional activities. These offers will be clearly advertised on our website and may be subject to specific terms and conditions.

Please note that discounts and vouchers must be used as stipulated in the offer and cannot be exchanged for cash. The discount amount or value of the voucher cannot be paid out in cash or credited to a bank account. They must be used towards the purchase of eligible products or services on Sitedu.de.

Discounts and vouchers cannot be combined with other offers unless explicitly stated in the offer terms. Each discount or voucher can only be used once per customer and cannot be transferred to another person. If the total cost of the purchase is less than the value of the voucher, the remaining value cannot be carried forward or used for future purchases.

Sitedu.de reserves the right to modify or withdraw discounts and vouchers at any time without prior notice. In case of any dispute, the decision of Sitedu.de shall be final and binding.

 

SiteDu.de Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by SiteDu.de under any ongoing agreement. It’s designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.

SiteDu.de customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on May 17, 2024.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorised material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

  1. any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
  2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

  1.  

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorised message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorised message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

Other activities considered unethical, exploitative and malicious include:

    1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
    2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
    3. The unauthorised access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
    4. Using our facilities to interfere with the use of our facilities and network by other customers or authorised individuals;
    5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;
    6. Any act or omission in violation of consumer protection laws and regulations;
    7. Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorised use of SiteDu.de property

We prohibit the impersonation of SiteDu.de, the representation of a significant business relationship with SiteDu.de, or ownership of any SiteDu.de property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

    • the date the customer uses our Products after we publish the revised version on our website; or

    • 30 days after we publish the revised version on our website.

 

SiteDu.de Returns Policy

Last updated: May 17, 2024.

We understand that there may come a time to return a purchase and we aim to make the returns process as simple as possible.

If you’re looking to return or exchange your order, we offer free returns within 30 days of purchase. You can return your product for a refund to the original payment method.

Please note: Returns are only applicable for Website Management Plans, but not for Website Creation packages or any other products, including domains. In cases where a refund is applicable, it’s important to note that the costs associated with domain registration, as per the advertised prices, will be deducted from the refund amount. This is due to the external costs incurred for domain registration that cannot be recovered. We appreciate your understanding in this matter.

Return Process

To return an item, email us at support@sitedu.de with your Order Number and return reason and our support team will be happy to assist you with the next steps.

Refunds

After receiving your item/s and inspecting the condition, we will process your refund or exchange. Please allow at least 30 days from the receipt of your item/s for your return to be processed.

Questions

For questions relating to our returns policy, please contact us at support@sitedu.de

 

Data Processing Agreement

Effective Date: November 14, 2024

To provide our users with optimal services, SiteDu.de actively processes data related to customers and visitors who interact with the websites or services of our users. This data processing is crucial for improving the user experience and maintai‌ning the seamless operation of our offerings. We are committed to handling all data with the utmost respect and security throughout this process.
 
This Data Processing Agreement (“Agreement“) forms part of the Terms of Service and the Privacy Policy for the website-platform SiteDu.de. The agreement is established between SiteDu.de-Operator Raphael Schleuning, Schmellerstr. 24 RGB, 80337 Munich (the “Data Processor”) and any customer of SiteDu.de (the “Company”) (together as the “Parties”).‌ ‌‌‌‌‌‌
 
WHEREAS
  • (A) The Company acts as a Data Controller.
  • (B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.
  • (C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  • (D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
 

Definitions and Interpretation

  1. Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
    1. “Agreement” means this Data Processing Agreement and all Schedules;
    2. “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to;
    3. “Contracted Processor” means a Subprocessor;
    4. “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
    5. “EEA” means the European Economic Area;
    6. “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
    7. “GDPR” means EU General Data Protection Regulation 2016/679;
    8. “Data Transfer” means:
      1. a transfer of Company Personal Data from the Company to a Contracted Processor; or
      2. an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
    9. “Subprocessor” means any person appointed by or on behalf of the Data Processor to process Personal Data on behalf of the Company in connection with the Agreement.

  2. The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

Processing of Company Personal Data

  1. The Data Processor shall:
    1. comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
    2. not Process Company Personal Data other than on the relevant Company’s documented instructions.

  2. The Company instructs the Data Processor to process Company Personal Data.

Data Processor Personnel

The Data Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

Security

  1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Data Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

  2. In assessing the appropriate level of security, the Data Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

Subprocessing

The Data Processor shall disclose any new subprocessors with which data will be shared for processing.

Data Subject Rights

  1. Taking into account the nature of the Processing, the Data Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
  2. The Data Processor shall:
    1. promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
    2. ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Data Processor is subject, in which case the Data Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

Personal Data Breach

  1. The Data Processor shall notify Company without undue delay upon the Data Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

  2. The Data Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

Data Protection Impact Assessment and Prior Consultation

The Data Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

Deletion or return of Company Personal Data

The Data Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.

Audit rights

  1. The Data Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

  2. Information and audit rights of the Company only arise to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

General Terms

  1. Confidentiality. Each Party must keep this agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
    • (a) disclosure is required by law;
    • (b) the relevant information is already in the public domain.

  2. Notices: All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

Governing Law and Jurisdiction

  • (a) The Data Protection Commission (Ireland) with responsibility for ensuring compliance by the Data Processor with Regulation (EU) 2016/679 as regards the data transfer, shall act as competent supervisory authority.
  • (b) The Data Processor agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these clauses. In particular, the Data Processor agrees to respond to enquiries and comply with the measures adopted by the supervisory authority. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

 

SiteDu.de Cookie Policy

Effective Date: May 17, 2024

We use cookies to help improve your experience of our website at https://sitedu.de. This cookie policy is part of SiteDu.de’s privacy policy. It covers the use of cookies between your device and our site.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://sitedu.de. In such a case, we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.

Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and to personalise your content (e.g. advertising, language).

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.

Cookies set by other sites and companies (i.e. third parties) are called third-party cookies. They can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Functionality cookies

Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.

We use functionality cookies for selected features on our site.

How Can You Control Our Website’s Use of Cookies?

You have the right to decide whether to accept or reject cookies on our Website. You can manage your cookie preferences in our Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with the services on our Website.

You may also be able to set or amend your cookie preferences by managing your web browser settings. As each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse or disable cookies you may still use the Website, though some of the functionality of the Website may not be available to you.

How Often Will We Update This Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect any changes to the cookies and related technologies we use, or for other operational, legal or regulatory reasons.

Each time you use our Website, the current version of the Cookie Policy will apply. When you use our Website, you should check the date of this Cookie Policy (which appears at the top of this document) and review any changes since the last version.

Where Can You Obtain Further Information?

For any questions or concerns regarding our Cookie Policy, you may contact us using the following details:

Raphael Schleuning
https://sitedu.de/contact/