General Terms and Conditions for the online auction website
(As of: 02/08/2022)

(1) For the purposes of these General Terms and Conditions, (i) Consumers are any natural persons who enter into a contract for a purpose which can be attributed primarily to neither their commercial nor freelance professional activities (Section 13 BGB [German Civil Code]) and (ii) an "Entrepreneur" is any natural person, legal entity, or legal partnership entering into a contract as part of their commercial or freelance professional activities (Section 14 Art. 1 BGB [German Civil Code])

(2) Our deliveries and services are based exclusively on these General Terms and Conditions. These constitute a part of all contracts which we conclude with persons participating in the online auction (hereinafter referred to as "Participants").

(3) Deviating conditions of the Participant or third parties shall not apply if and insofar as we do not expressly recognise them in writing. Our silence on deviating conditions of this kind shall in particular not constitute acknowledgment or approval, including with regard to future contracts. The exclusion of the general terms and conditions of the Participant shall also apply if they do not contain any separate regulation for individual points of regulation.

§ 2 General

(1) The website is an online auction website operated by Event Fundraising Behm on which items and vouchers (for traveling, experiences and services of any kind) are sold to registered Participants in hidden auctions. The contractual partner is CHARITYBEAT.

(2) The vouchers must be used during their period of validity. Once they have expired, they cannot be reimbursed or used in any way.

(3) The vouchers are issued on the name of the Participant. The only person entitled to receive the voucher is thus the person named on the voucher.

(4) The net proceeds of the auction are used for charitable purposes.

(5) The offers on the website are made "as is" and as described in the individual offer.

(6) We highlight that these are not auctions within the meaning of Section 34b GewO [German Trade Regulations Act].

(1) We operate the website and provide the technical tools to facilitate online auctions from a technical standpoint. We offer the use of the website with an average total availability of 95% per day. When calculating the actual availabilities, downtimes which are not attributable to us are considered to be available times. These harmless instances of downtime constitute

a) maintenance services or other services coordinated with the Participants which render access to the website impossible;

b) downtimes due to virus or hacker attacks, insofar as we have taken the agreed or, in the absence of an agreement, standard protective measures;

c) downtimes due to the installation of urgently needed security patches;

d) downtimes caused by third parties (persons not associated in any way with us). We will endeavor to remove interferences promptly. There is no entitlement to the restoration of the usability of the website if the agreed availability is ensured.

(2) We have made the website available with the services described in these General Terms and Conditions to Participants free of charge.

(3) There is no entitlement to admission to the website.

(4) Copying, distributing, using in any other way or reproducing the content stored on the website without prior consent from us except for own use as part of your participation in the auction is not permitted.

(5) Participants are prohibited from using tools which could impair the functionality of the website in connection with the use thereof. The use of automated data processing procedures for submitting bids (eg "sniper" software) is in particular not permitted.

(6) The items presented are divided into categories and then displayed in a random order within their categories. The items are therefore ranked randomly and with no parameters being used.

§ 4 Registration

(1) Participation in auctions (all auctions managed by us) shall require registration entailing consent to these general terms and conditions being given.

(2) Registration is free.

(3) The Participant must give their name and email address. The Participant must then select a user name and password. In order to participate in auctions, a mobile phone number must also be provided. The information provided by the Participant must be complete and correct. The use of pseudonyms or names of third parties is not permitted.

(4) Having registered, the Participant will receive a verification code sent to the specified mobile phone number. They must enter this as part of the registration process. This will conclude registration.

(5) Only Participants over the age of 18 may register and use the website. The Participant is not entitled to have more than one bidder account.

(6) The Participant is obliged to keep their access data secret; forwarding this to third parties is not permitted. The use of the user account by third parties - including for the purpose of bidding - is not permitted. The Participant shall otherwise be liable for damage caused by the third party unless the Participant is not responsible for the misuse of their bidder account because they did not violate their duty of care. Should the Participant become aware of indications that their bidder account has been misused by unauthorised persons, the Participant is obliged to inform us immediately.

§ 5 Deregistration, termination, blocking

(1) The Participant can deregister their bidding account at any time by writing us an email. The deregistration of the bidder account shall result in the immediate deletion of the bidder account. Unsubscribing shall have no effect on bids which have already been submitted.

(2) We are entitled to exclude a Participant from using the website and thus from the possibility of making bids if the Participant violates these General Terms and Conditions, in particular

a) if, contrary to Section 4, they have provided incorrect or incomplete information,

b) if the participant violates Section 3 para. 4 or 5 by manipulating or using content improperly,

c) if the Participant's bidder account is used by a third party and the Participant violated their duties of care, and in particular violated Section 4 para. 7.

(3) In the event of exclusion from the website in accordance with para. 2 the Participant is not entitled to reregister.

(4) We will inform the participant of our decision via e-mail. We will inform the participant of the reasons that led to the respective decision, unless we are not allowed to disclose them due to legal or official obligations.

(5) The participant is entitled to clarify the facts and circumstances of the suspension, blocking or termination within the framework of a complaints procedure. He can submit a complaint via e-mail to info@charitybeat.com, which we will then carefully examine within a reasonable period of time and inform the participant of the result. If the restriction, suspension or termination is lifted as a result of the complaint, the participant will have access to its data and content again in the state in which it existed before the restriction, suspension or termination. If the auction has already ended at this time, the participant will be released for future auctions upon request.

(6) Furthermore, we are entitled

a) In the event of termination, to delete all content and data of the participant,

b) to release information to third parties if this is essential to protect them (e.g. to protect against legal prosecution, fraud, etc.).

c) to notify the relevant competent authorities.

(7) We also reserve the right to fully or partially discontinue the operation of the website after properly informing the participants and subject to a period of 2 days if

a) we are obliged to do so by law or due to official orders,

b) we are contractually obliged to do so due to an obligation entered into with third parties

c) the website would pose a security risk to the participant or third parties.

§ 6 Offer and conclusion of contract, contractual language

(1) The items and vouchers posted represent an invitation to submit a bid; the minimum bids and guide values shown are not binding offers. Bids below the minimum bid cannot be submitted.

(2) Bids are submitted by entering the bid amount and clicking the “submit bid” button. Alternatively, the Participant can also submit the bid by phone or email.

(3) The auction takes place in the form of a silent auction, that is to say, Participants submit their bids without knowing the offers of other Participants (also hidden auction). Each Participant can submit multiple bids per item/voucher.

(4) The Participant can place their bid during the time period shown on each page.

(5) In submitting the bid, the Participant is submitting a binding declaration of intent to conclude a purchase contract, accepting these General Terms and Conditions.

(6) The contract shall be concluded when the bidding period has elapsed in accordance with para. 4 and the Participant is the highest bidder. If two or more Participants placed the same maximum bid amount, the contract shall be concluded with the Participant who submitted the highest bid first.

(7) Should the highest bid be ineffective for legal reasons at the end of the bidding period, a contract shall be concluded with the Participant who submitted the highest effective bid.

(8) Several items in the auction can be obtained multiple times. In this case, the contracts for the number of items available shall be concluded with the highest bidders.

(9) After submitting the bid, the Participant shall receive an automatically generated SMS from us to the mobile phone number provided by them, as well as an automatically generated email showing receipt of the bid as well as the bid amount and the bid item (confirmation of receipt). These confirmation of receipt notifications shall not constitute an acceptance of the contract.

(10) The Participant can view, save and/or print these General Terms and Conditions at any time. The Participant can view their bids at any time in their user account.

(11) The Participant shall be informed by telephone or via E-Mail the day after the auction has finished as to whether they are the highest bidder. The highest bidder shall also receive a notification email containing all relevant information as to the previous auction to the email address provided by them.

(12) The text of the contract (the bid) shall be saved by us and is accessible by the Participant via the options listed in para. 9 till 11.

(13) Information from us regarding the service (such as dimensions, data, etc.) and our representations of this (such as drawings and images) shall only be approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. These are not guaranteed characteristics, rather they are descriptions or identifications of the service.

(14) In the event that an item is purchased in the form of a service, the Participant is obliged to identify themselves as the person entitled to it by presenting a valid official photo ID when requested to do so.

(15) We reserve the right to offer advance notices. These are neither part of the service nor is there a right to have them included in the range. The properties of advance notices only become part of the contract if this has been expressly agreed in writing.

(16) The contractual language is German and English. In the event of discrepancies between the German and English versions of the offers or these General Terms and Conditions, the German version takes precedence.

(17) Special provisions for adverised trips, events and their ancillary services:

a) Sabrina Behm acts exclusively as an agent for the travel prices and events advertised in the auctions. The accommodation contracts, event contracts and associated ancillary services that come about in the event of a win are therefore concluded exclusively between the winner and the third-party provider named in the description of the auction item.

b) All claims and obligations arising from an accommodation contract or an event contract exist directly and exclusively between the participant and the respective third-party provider of any ancillary services.

c) Additional costs: Visitor's fees/ visitor's tax/ lodging taxes as well as costs for optional/ additional services that are booked or used on site may be subject to additional costs. Insofar as taxes and other charges are incurred for accommodation abroad, this is based on the respective national regulations.

d) In these cases, the participant is not entitled to any contractual claims against us, but only against the third-party provider named in the description.

§ 6a Donations

(1) The participant can make a donation to a non-profit organization both independently of a bid or as part of a bid. If the donation is made as part of a bid, the donation will only be binding if the participant is not the highest bidder.

(2) The amount of the donation is determined by the participant.

(3) After clicking the "Confirm donation" button or after the auction has ended, the participant receives a confirmation email. Please make payment to the account details given in this email.

(4) On request, the participant will receive a donation receipt from the organization in the name given during registration. For this purpose, the participant has to provide his address.

§ 7 Prices and payment

(1) If a participant is the one with the highest bid, this bid is to be understood as the total price including sales tax. Insofar as shipping costs are incurred, we indicate this with the respective article and inform you of the amount of the shipping costs there; If the participant does not find any information on the article, no shipping costs will be charged to the participant.

(2) Payment shall be made after consultation with us in accordance with the agreed payment method (online transfer via Sumup or advance payment).

(3) The payment of the Participant for the purchase of an item/voucher shall become due immediately at the time of receipt of the notification email about the successful purchase.

(4) The participant is in default of payment 10 days after the due date. Receipt by us is decisive for the date of payment. If the participant does not pay by the due date, the outstanding amounts shall be subject to interest at the statutory default interest rate from the due date; the assertion of higher interest and further damages in the event of default remains unaffected. Furthermore, we are entitled to a default flat rate of EUR 40.00.

(5) Invoicing is always in euros. If costs are incurred in a different currency, the participant bears the risk of an increase in the costs due to a deterioration in the exchange rate between the time of the calculation and the actual payment of costs that are invoiced by third parties in a foreign currency as agreed. In the case of transfers from abroad, the participant always bears the bank charges incurred.

§ 8 Delivery and time of delivery

(1) The delivery shall be made within 14 days after payment has been received. Should we fail to meet an agreed delivery date, the Participant must set us a reasonable grace period, which may in no case fall short of two weeks insofar as this is not unreasonable.

(2) All delivery periods specified by us or otherwise agreed shall commence on the day the final price is received in full.

(3) Our compliance with any shipping deadline shall be measured solely by the day on which we hand over the goods to the shipping company.

(4) The assumption of a procurement risk or a procurement guarantee does not only lie in our obligation to deliver an item that is only specified according to its type. We only assume a procurement risk within the meaning of § 276 BGB by virtue of a separate written agreement using the phrase "we assume the procurement risk ...".

§ 8a force majeure

(1) We shall not be liable if delivery is either not possible or delayed insofar as this is due to

a) Force majeure (e.g. civil unrest, acts of terrorism, natural disasters, acts of war, shortage of energy and raw materials, power failures, accidents, pandemics) as well as equivalent non-culpable operational hindrances (e.g. strikes/lockouts, accidents, difficulties in obtaining any necessary official permits, transport bottlenecks or obstacles, machine damage, damage caused by fire/water),

b) non-fulfilment, untimely or incorrect self-delivery despite proper and sufficient assurance/order (congruent coverage),

c) the presence of viruses and other attacks by third parties on our IT system despite the fact that we have taken state-of-the-art protective measures, or

c) hindrances due to German, US and other applicable national, EU or international foreign trade law provisions or due to other circumstances

d) official orders become impossible (this includes in particular orders under the IfSG, orders prohibiting commercial implementation, orders for blocks, other orders that make implementation legally or actually impossible or that make implementation unreasonable),

for which we are not responsible.

(2) Should the ordered goods be unavailable as a result of the aforementioned events in para. 1 and we are not responsible, the Participant shall be informed immediately that delivery is not possible. If such events render the delivery or service impossible for us and the hindrance is not merely temporary in duration, we are entitled to withdraw from the contract unless we have taken on the procurement risk. In the event of temporary hinderances, delivery or service deadlines shall be extended or the delivery or service dates postponed by the duration of the hindrance plus a reasonable start-up period.

(3) If a delivery or service date has been bindingly agreed and, due to events in accordance with para. 1, exceeds the agreed delivery or performance date by more than four weeks or, in the case of a non-binding performance date, adherence to the contract is objectively unreasonable for the Participant, the Participant is entitled to withdraw from the contract on the basis of the part that has not yet been fulfilled. In the event of withdrawal by the Participant and/or by us, the service already provided shall be reimbursed immediately. Should this occur, the Participant shall have no further claims, in particular claims for compensation of damages.

(4) If we fall behind with a delivery or service or if implementing a delivery or service becomes impossible, for whatever reason, our liability shall be limited to compensation of damages in accordance with Section 12 of these General Terms and Conditions.

§ 9 Shipping, transfer of risk

(1) Unless expressly agreed otherwise, we will determine the appropriate shipping method and carrier at our reasonable discretion.

(2) Should the Participant be a Consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall be transferred to the Participant at the time the goods are delivered to the Participant or the Participant is in default of acceptance. In all other cases, the risk shall be transferred when the goods are delivered to the Participant by the carrier.

(3) Should the Participant be an Entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall be transferred to the Participant upon the delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to make the delivery.

(4) The risk shall be transferred to the forwarding agent, carrier or other third parties designated to make the delivery to the Participant at the latest upon handover of the delivery item (whereby the commencement of the loading process is decisive) to the Participant. This shall also apply to partial deliveries made or if we have agreed to take on additional services (such as shipping). Should the delivery or handover be delayed as a result of a circumstance for which the Participant is responsible, the risk shall be transferred to the Participant from the day on which the delivery item is ready for delivery and we have notified the Participant of this.

(5) Should the delivery be impossible due to a circumstance for which the Participant is responsible, or if the Participant is in default of acceptance, the Participant shall bear the costs of a further delivery.

§ 10 Right to withdrawal

Note: The following right of withdrawal shall only apply to Consumers in accordance with Section 13 BGB.

(1) In accordance with the legal obligations, the consumer/participant is advised that there is no right of withdrawal in distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as radio and telemedia) according to the statutory provisions (§ 312g Paragraph 2 sentence 1 number 1, 9 BGB) in regards to

• Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (No. 1)

• Contracts for the provision of services in the areas of non-residential accommodation, transportation of goods, car rental, delivery of food and beverages and other services related to leisure activities, if the contract provides for a specific date or time period for the provision of services (No. 9)

In the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, only the statutory provisions on the non-use of rental services (§ 537 BGB) apply (see General Terms and Conditions).

(2) Insofar as services do not fall under the exceptions mentioned in paragraph 1, the participant is entitled to the right of withdrawal, insofar as this is a consumer within the meaning of Section 13 of the German Civil Code.

You can find the cancellation policy at the bottom of the page by clicking on the “Cancellation policy and cancellation form” link.

§ 11 Defect rights

(1) In the event of a material defect in the purchased item, the statutory provisions shall apply, unless otherwise agreed below.

(2) The following shall apply for companies only: The Participant must carefully examine the goods immediately after they have been sent. The delivered goods shall be deemed to have been approved by the Participant if a defect (i) is not reported within five working days after delivery where an obvious defect is present or (ii) immediately after discovery of the defect where hidden defects are present. Hidden defects must be reported to us at the latest within the warranty limitation period in accordance with Section 13. A complaint which has not been made in due time shall exclude any claim of the Participant arising from breach of duty due to material defect. This shall not apply in the case of willful, grossly negligent or fraudulent action on our part, in the event of injury to life, limb or health, the adoption of a guarantee of freedom from defects, or a procurement risk in accordance with Section 276
BGB or any other statutory liability.

(3) We do not assume any warranty according to §§ 478, 479 BGB (recourse in the supply chain - supplier recourse) if the participant has processed or otherwise modified the products delivered by us under the contract, insofar as this does not correspond to the contractually agreed intended purpose of the products.

(4) We shall bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs), if there is actually a defect. Otherwise, we can demand reimbursement from the participant for the costs incurred from the unjustified request for rectification of defects (in particular testing and transport costs), unless the participant was not aware of the lack of defectiveness. In addition, claims by the participant for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the delivery item was subsequently delivered to a location other than the participant's branch has been shipped, unless the shipment corresponded to its intended use.

(5) The special provisions of Section 12 of these General Terms and Conditions shall also apply to claims by the Participant for compensation of damages.

§ 12 Liability

12.1 General

(1) The following exclusions and limitations of liability shall apply for liability on our part for compensation of damages, regardless of the other statutory entitlement requirements.

(2) We shall have unlimited liability for damages insofar as

a) these are due to gross negligence or intent,

b) we have given a guarantee regarding the quality of the goods,

c) these are to be replaced in accordance with the ProdHaftG [Product Liability Act],

d) these affect life, body or health, or

e) these are based on a culpable violation of essential contractual obligations.

(3) Liability for simple and gross negligence as well as for the breach of essential contractual obligations shall also be limited to the damages foreseeable under a typical contract which the Participant must have taken into account when the contract was concluded due to the circumstances known to them at the time and provided none of the other exceptions listed in para. 2 lit. b) to d) are present at the same time.

(4) Liability for compensation of damages, regardless of their nature or the basis of the claim and including liability for negligence in concluding the contract, shall otherwise be excluded.

(5) Strict liability on our part in accordance with Section 536a para. 1, 1st alternative BGB for defects already existing at the time when the contract was concluded shall be excluded. We shall not be liable for the Participant's lack of economic success.

(6) The above exclusions and limitations of liability shall also apply in favour of employees, vicarious agents and other third parties whom we use to fulfill the contract.

(7) The above regulations shall apply to all claims for compensation of damages (in particular to compensation of damages in addition to service and compensation in place of service), regardless of the legal reason, and in particular in the event of defects, breaches of obligations arising from the contractual relationship or tort. They shall also apply to claims for the reimbursement of wasted expenditure.

(8) The above provisions shall not imply a change in the burden of proof to the detriment of the Participant.

12.2 Liability for delay

Should the Participant suffer damage due to a delay for which we are responsible, they are entitled, excluding further claims, to claim compensation for the delay (including reimbursement of wasted expenditure). For each week of delay which commences, this shall amount to 0.5% of the net remuneration for the delayed delivery of the goods and/or service as a whole, but no more than 5% of the net remuneration for the overall delivery and/or overall service which, as a result of the delay, is delivered by us in a manner which is either not timely or is not in accordance with this contract. Further compensation for the damages caused by delay is excluded. This shall not apply in the case of willful, grossly negligent or malicious action on our part, in the case of claims due to injury to life, limb or health, in the case of an agreed fixed delivery date in the legal sense, the adoption of a performance guarantee or procurement risk in accordance with Section 276 BGB, and in the case of statutory liability.

12.3 Liability due to impossibility

We shall be liable should performance be impossible in cases of willful intent or gross negligence on our part or that of a representative or vicarious agent, and in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, however, should performance be impossible our liability shall be limited to the damages foreseeable under a typical contract unless another of the exceptions listed in clause 1 is also present. Outside of the cases from clause 1 and clause 2, our liability to compensate damages due to impossibility and reimburse wasted expenditure shall be limited to a total of 10% of the value of the service which has been rendered impossible. Further claims of the Participant based on impossibility of delivery shall be excluded - including after the expiry of any deadline we have set for performance. The right of the Participant to withdraw from the contract shall remain unaffected. The above provisions shall not imply a change in the burden of proof to the detriment of the Participant.

§ 13 Reduction of limitation periods (only for Entrepreneurs)

(1) The limitation period for claims and rights based on deficiencies in services, regardless of the legal reason, shall be one year. This shall, however, not apply in the cases of Section 438 para. 1 no 1 BGB (defects of title in immovable property), Section 479 para. 1 BGB (right of recourse of the Entrepreneur) or Section 634a para. 1 no 2 BGB (structures or works whose success consists in the provision of planning or monitoring services to this end). The cases excluded in the above clause 2 shall be subject to a limitation period of three years.

(2) The limitation period in accordance with para. 1 shall also apply to all claims against us for compensation of damages relating to the defect - regardless of the legal basis of the claim.

(3) The limitation period in accordance with para. 1 and para. 2 shall apply with the following proviso:

a) The limitation periods shall in general not apply in the event of willful intent or fraudulent concealment of a defect or if we have given a guarantee for the quality of the object of the contract.

b) The limitation periods shall not apply to claims for compensation of damages based on a grossly negligent breach of duty or on a culpable breach - which does not consist of the delivery of a defective item or the provision of a defective performance of work - of essential contractual obligations; they shall also not apply cases of culpably caused injury to life, body or health or for claims under the German Product Liability Act. The limitation periods for claims for compensation of damages shall also apply to the reimbursement of wasted expenditure.

(4) The limitation period for all claims pertaining to the performance of work shall commence upon acceptance.

(5) Insofar as nothing else is expressly agreed, the statutory provisions on the commencement of a limitation period, the suspension of the expiry of the limitation period, and the suspension and resumption of limitation periods shall remain unaffected.

(6) The above regulations shall apply accordingly to claims for compensation of damages which are not related to a defect; paragraph 1 sentence 1 shall apply for the limitation period.

(7) The above provisions shall not imply a change in the burden of proof to the detriment of the Participant.

§ 14 Other Mandatory Information

Auction items are positioned based on when they are published, with the most recent items being positioned in no particular order. Other parameters are not relevant for the positioning of the offers.

§ Section 15 Dispute resolution/information according to the ODR, Section 36 VSBG [German Consumer Dispute Settlement Act]

The European Commission has made an Online Dispute Resolution (ODR) website available, which can be found at http://ec.europa.eu/consumers/odr/. This online dispute resolution (ODR) option is intended to offer a simple, efficient, fast and cost-effective out-of-court solution for disputes (ODR procedure). The participant can obtain details from the link above. We are neither willing nor obliged to participate in the dispute settlement process.

§ 16 Applicable law and jurisdiction

(1) Unless otherwise agreed, the law of the Federal Republic of Germany shall apply to these terms and conditions as well as the entirety of the legal relationship between us and our Participants, excluding the UN Sales Convention (CISG). Unless otherwise agreed, the law of the Federal Republic of Germany shall apply to Consumers insofar as no mandatory Consumer protection regulations which take precedence arise from the law of the Consumer's home country. If foreign law must be applied in individual cases, these General Terms and Conditions must be interpreted in such a way that the economic purpose pursued thereby is preserved to the greatest extent possible.

(2) If the Participant is a merchant, a legal entity under public law or a special fund under public law, or if they have no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship shall be the registered office of our business.

(3) The jurisdiction regulations of the above para. 2 and 3 shall, for clarity, also apply to matters between us and the Participant which may lead to non-contractual claims within the meaning of Regulation (EC) No. 864/2007. Mandatory legal provisions on exclusive places of jurisdiction shall remain unaffected by this regulation.

 

This data protection notice applies to data processing by:

 

Sabrina Behm

Geierstrasse 1

22305 Hamburg

Germany

Mail: info@charitybeat.com 

 

The data protection officer is Dieter Grohmann, Beethovenstr. 23, 87435 Kempten, info@akwiso.de

2. Collection and storage of personal data (type, purpose, legal basis)

a)    With the registration of the participant, we collect and process the following information

·      Surname

·      Contact details: e-mail address, telephone number

Data processing is required for registration in accordance with Article 6 Paragraph 1 Sentence 1 Letter f) GDPR.

The data mentioned are collected and processed so that the participant can register and identify them; this serves to enable the participant to participate in the auction; We cannot admit non-registered participants due to the risk of misuse of the auction process, so that the data pursuant to lit. a) also serve the purpose of preventing misuse. 

The legal basis for this is Article 6 Paragraph 1 Letter f) GDPR.

b) If the participant submits a bid, the following information will also be processed:

·      Bid amount

·      Item being bid on

 

If the participant wins an auction item, his address will also be processed.

The data mentioned is collected and processed

·      to be able to meet our legal obligations, in particular to fulfill contractually required information and to fulfill our contractual and non-contractual obligations;

·      to communicate with you

·      for invoicing

Data processing is required for the stated purposes in accordance with Article 6 Paragraph 1 Sentence 1 Letter b) GDPR.

 

c) If the participant makes a donation, the following information will be collected: name, e-mail address, telephone number, donation amount and, if applicable, address.

 

The data mentioned is collected and processed to the extent necessary to allocate the donation, to identify the donor, to correspond with the donor and to issue and send requested donation receipts.

Data processing is required for the stated purposes in accordance with Article 6 Paragraph 1 Sentence 1 Letter b) GDPR.

 

d) The e-mail address provided during registration can subsequently be used by us to send a newsletter. In such a case, only direct advertising for similar auctions will be sent via the newsletter. The legal basis for sending the newsletter is Art. 7 Para. 3 UWG.

 

e) There is no automated decision-making, especially no profiling, within the meaning of the GDPR.

3. Recipients of the data/service providers from third countries

a) Your personal data will not be transmitted to third parties for purposes other than those listed below.

b) Data will only be passed on in accordance with statutory provisions. We only pass on user data to third parties if this is necessary, e.g. for contractual reasons or on the basis of a legitimate interest in the economic and effective operation of our business operations. Insofar as we use subcontractors to provide our services, we take appropriate legal precautions and suitable technical and organizational measures to ensure the protection of personal data in accordance with the relevant statutory provisions. The data can therefore be passed on to subsequent third parties. 

c) Depending on the purpose of the data, the data will be transmitted to the following recipients:

·      E-mail provider (MICROSOFT) for electronic communication

·      Software developer of our website in the context of maintenance and support (SIMON KUFFERATH)

·      Telecommunications provider (VODAFONE)

·      Tax consultant in the context of financial accounting (however, this is bound by tax secrecy and his professional secrecy obligation in accordance with § 203 StGB) (KALBUS FINANZ)

·      Website hosting service provider (HEROKU)

·      Non-profit organizations for which the respective auction is held

d) If the participant so wishes, payment is made by online transfer via the provider SumUp Payments Ltd., 32-34 Great Marklborough St., W1F7JB, London, UK. The legal basis for the forwarding of data is Article 6 (1) (a) GDPR. The forwarding is only for the purpose of payment. If the participant does not agree to this, he can also transfer the amount in advance (advance payment). SumUp's privacy policy can be viewed at https://sumup.de/datenschutzbedingungen/.

4. Duration of storage

a)    We adhere to the principles of data economy and data avoidance. This means that we only store the data made available to us for as long as is necessary to fulfill the aforementioned purposes or as provided for by the various storage periods provided by law. If the respective purpose no longer applies, or after the relevant period has expired, your data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

b) The personal data will be deleted as soon as they are no longer required for the purpose of collection or you have declared your objection and as long as there are no statutory storage requirements.

c) To ensure this procedure, we have currently developed the following concept.

aa) The data specified in Section 2 a) will be processed for a period of up to 4 weeks after the end of the auction, unless the request leads to a contract (in this case the storage period in accordance with bb applies).

bb) The data collected in accordance with Section 2 b) will be processed up to 4 weeks after the end of the auction, provided that the bid does not lead to a contract (in this case the storage period in accordance with cc applies), but only with regard to such data , which are then still required). This enables us to check any claims that may have been asserted within the regular limitation period.

cc) The data collected in accordance with Section 2 c) will be processed for up to 10 years after transfer (except for data that is not required for compliance with tax retention obligations). This helps us to comply with the tax law retention and documentation periods in accordance with § 147 AO.

dd) The data according to Section 2 d) will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The e-mail address of the participant is therefore stored as long as he does not revoke the receipt of the newsletter.

5. Data subject rights

a) If the participant's personal data is used for the purpose of sending a newsletter and is therefore based on consent in accordance with Article 6 (1) (a) GDPR, the consent for this purpose can be revoked at any time. The participant can unsubscribe from the receipt of the e-mails at any time by unsubscribing from the newsletter by text message (e-mail, letter or fax) to the contact details given in the imprint.

b) If personal data is also otherwise processed on the basis of legitimate interests in accordance with Article 6 Paragraph 1 Sentence 1 lit. f) GDPR (for the purpose of answering inquiries, for example), the participant has the right at any time in accordance with Article 21 GDPR to object to the processing of this personal data with effect for the future. In the event of an objection, we must refrain from any further processing of the data for the aforementioned purposes, unless

(1) there are compelling, legitimate reasons for processing that outweigh the interests, rights and freedoms of the participant, or

(2) the processing is necessary to assert, exercise or defend legal claims

c) The participant has the right to request information from us at any time about the personal data we have stored about him (Article 15 GDPR). This also applies to the recipients or categories of recipients to whom this data is passed on and the purpose of storage. He has the right to request information as to whether the personal data concerning him is being transmitted to a third country or to an international organization. In this context, he can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

d) In addition, the participant has the right, under the conditions of Art. 16 GDPR, to rectification if the processed personal data concerning him/her is incorrect or incomplete.

e) Under the conditions of Art. 18 GDPR, the participant has the right to restriction of processing. If the processing of the personal data concerning him has been restricted, this data - apart from its storage - may only be used with his consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed. If the restriction of processing has been restricted according to the above conditions, you will be informed by us before the restriction is lifted.

f) Under the conditions of Art. 17 GDPR, the participant can request the deletion of the data, whereby he has to observe the restrictions mentioned there. If we have made the personal data concerning him public and we are obliged to delete them in accordance with Art. 17 (1) GDPR, we shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform those responsible for data processing, to inform those who process the personal data that the participant, as the data subject, has requested them to delete all links to this personal data or copies or replications of this personal data.

h) If the participant has asserted the right to correction, deletion or restriction of processing against us, we are obliged to inform all recipients to whom the personal data concerning him/her have been disclosed of this correction/deletion/restriction of processing, unless this proves to be impossible or involves a disproportionate effort. The participant has the right to be informed about these recipients.

i) All requests for information, requests for information, revocations or objections to data processing must be sent by e-mail to us (see Section 1) or to our data protection officer. For more information, we refer to the full text of the GDPR. Furthermore, the participant has the opportunity to complain to the competent supervisory authority about data protection issues. The authority responsible for us is the Hamburg Commissioner for Data Protection and Freedom of Information, Ludwig-Erhard-Str. 22, 20459 Hamburg, www.datenschutz-hamburg.de.

6. Changes to Privacy Notice

We reserve the right to change our data protection practices and this information in order to adapt it to changes in relevant laws or regulations or to the requirements of the supervisory authorities or to new processing. Possible changes to our data protection information will be announced accordingly at this point. We ask that you note the current version date of the data protection declaration.