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Privacy Policy

Data protection

We have created this privacy statement (version 19.12.2018-311094147) to explain to you, in accordance with the requirements of the Basic Data Protection Regulation (EU) 2016/679, what information we collect, how we use data and what choices you have as a visitor to this website.

Unfortunately, it is in the nature of things that these statements sound very technical, but we have tried to make them as simple and clear as possible.

Automatic data storage

When you visit websites today, certain information is automatically generated and stored, including on this website.

When you visit our website as you are doing now, our web server (computer on which this website is stored) automatically stores data such as

  • the address (URL) of the called web page
  • Browser and browser version
  • the operating system
  • the address (URL) of the previously visited page (referrer URL)
  • the host name and IP address of the device from which it is accessed
  • Date and time

in files (web server log files).

Web server log files are usually stored for two weeks and then automatically deleted. We do not pass on this data, but we cannot rule out the possibility that this data may be viewed in the event of unlawful conduct.
According to Article 6 paragraph 1 f DSGVO (lawfulness of processing), the legal basis is that there is a legitimate interest in enabling the error-free operation of this website by recording web server log files.

Storage of personal data

Personal data that you provide to us electronically on this website, such as your name, e-mail address, address or other personal information when submitting a form or comment in the blog, will be used by us together with the time and IP address only for the purpose stated, kept secure and will not be disclosed to third parties.

We therefore only use your personal data for communication with visitors who expressly wish to contact us and for the processing of the services and products offered on this website. We will not disclose your personal information without your consent, but we cannot rule out the possibility that such information may be disclosed in the event of unlawful conduct.

If you send us personal data by e-mail - i.e. outside of this website - we cannot guarantee the secure transmission and protection of your data. We recommend that you never send confidential data unencrypted by e-mail.

According to Article 6 paragraph 1 a DSGVO (lawfulness of processing), the legal basis is that you give us your consent to process the data you have entered. You can revoke this consent at any time - an informal e-mail is sufficient, you will find our contact details in the imprint.

Rights according to the data protection basic regulation

According to the provisions of the DSGVO, they are generally entitled to the following rights:

  • Right to Reporting (Article 16 DSGVO)
  • Right to cancellation ("right to be forgotten") (Article 17 DSGVO)
  • Right to limitation of processing (Article 18 DSGVO)
  • Right of notification - notification obligation in relation to rectification or erasure of personal data or limitation of processing (Article 19 DSGVO)
  • Right to data transferability (Article 20 DSGVO)
  • Right of objection (Article 21 DSGVO)
  • Right not to be subject to a decision based exclusively on automated processing, including profiling (Article 22 DS Block Exemption Regulation)

If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in any way, you can contact the Federal Commissioner for Data Protection and Freedom of Information (BfDI).

TLS encryption with https

We use https to transmit data in a tap-proof manner on the Internet (data protection through technology design Article 25 paragraph 1 DSGVO). Through the use of TLS (Transport Layer Security), an encryption protocol for secure data transmission on the Internet, we can ensure the protection of confidential data. You can recognize the use of this data transmission security by the small lock symbol in the upper left corner of the browser and the use of the https scheme (instead of http) as part of our Internet address.

Cookies

Our website uses HTTP cookies to store user-specific data.
A cookie is a short piece of data that is exchanged between a web browser and a web server, but is completely meaningless to the web server and only takes on a meaning for the web application, e.g. an online shop, such as the content of a virtual shopping basket.

There are two types of cookies: first-party cookies are created by our website and third-party cookies are created by other websites (such as Google Analytics).
Sample cookie data:

  • Name: _ga
  • Expiry time: 2 years
  • Use: Differentiation of website visitors
  • Example value: GA1.2.1326744211.152311094147

There are three categories of cookies: cookies that are essential to ensure the basic functionality of the site, functional cookies to ensure the performance of the site, and targeted cookies to improve the user experience.

We use cookies to make our website more user-friendly. Some cookies remain stored on your device until you delete them. They allow us to recognize your browser the next time you visit.

View Cookie Settings and Delete Cookies

If you want to determine which cookies have been stored in your browser, change cookie settings or delete cookies, you can find this in your browser settings:

If you do not wish data to be stored in cookies, you can set your browser so that it informs you when cookies are set and you only allow this in individual cases. You can delete or deactivate cookies that are already on your computer at any time. The procedure for this varies from browser to browser, it is best to search for the instructions in Google using the search term "Delete cookies Chrome" or "Deactivate cookies Chrome" in the case of a Chrome browser or exchange the word "Chrome" for the name of your browser, e.g. Edge, Firefox, Safari.
If you generally do not allow us to use cookies, i.e. deactivate them via browser settings, some functions and pages may not function as expected.

Google Analytics Privacy Policy

On this website we use Google Analytics from Google LLC (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to statistically evaluate visitor data. Google Analytics uses target-oriented cookies for this purpose.

Cookies from Google Analytics

  • _ga
    • Expiry time: 2 years
    • Use: Differentiation of website visitors
    • Example value: GA1.2.1326744211.152311094147
  • _gid
    • Expiry time: 24 hours
    • Use: Differentiation of website visitors
    • Example value: GA1.2.1687193234.152311094147
  • _gat_gtag_UA_<property-id>
    • Expiration time: 1 minute
    • Use: Used to throttle the requirement rate. When Google Analytics is provided through the Google Tag Manager, this cookie is named _dc_gtm_ <property-id>.
    • Example value: 1

For more information on terms of use and privacy, please visit http://www.google.com/analytics/terms/de.html or https://support.google.com/analytics/answer/6004245?hl=de.

Pseudonymisation

Our concern in the sense of the DSGVO is the improvement of our offer and our web appearance. Since the privacy of our users is important to us, the user data is pseudonymised. Data processing is based on the legal provisions of Art 6 EU-DSGVO para 1 lit a (consent) and/or f (legitimate interest) of the DSGVO.

Deactivation of data collection by Google Analytics

The browser add-on to disable Google Analytics JavaScript (ga.js, analytics.js, dc.js) helps website visitors prevent Google Analytics from using their information.

You can prevent Google from collecting the data generated by the cookie and related to your use of the website and Google from processing this data by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de

Google Analytics reports on demographics and interests

We've turned on advertising reporting in Google Analytics. The demographic and interest reports include age, gender, and interests. This allows us to get a better picture of our users without being able to associate this data with individual persons. You can find out more about the advertising functions at https://support.google.com/analytics/answer/3450482?hl=de_AT&utm_id=ad.

You can stop using the activities and information in your Google Account under "Advertising preferences" on https://adssettings.google.com/authenticated by checking the box.

Embedded Social Media Elements Privacy Statement

We include elements of social media services on our website to display images, videos and text.
When you visit pages that display these elements, data is transferred from your browser to the respective social media service and stored there. We do not have access to this data.
The following link will take you to the pages of the respective social media services where you will be explained how they handle your data:

YouTube Privacy Policy

On this page we use the video service YouTube from YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.

By accessing pages on our website that have integrated YouTube videos, data is transferred to YouTube, stored and evaluated.
If you have a YouTube account and are logged in, this information will be associated with your personal account and the information it contains.

You can find out what data Google collects and what this data is used for at https://www.google.com/intl/de/policies/privacy/.

Google Tag Manager

This website uses the Google Tag Manager. This service allows website tags to be managed through an interface. The Google Tag Manager only implements tags. This means that no cookies are used and no personal data is collected. The Google Tag Manager triggers other tags that may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, it remains valid for all tracking tags if they are implemented with the Google Tag Manager.

Source: Created with the privacy generator of Content Marketing Agency AdSimple in cooperation with beautyintown.de (www.adsimple.de)

General Terms and Conditions of Contract

1. Subject of the contract

1.1.

The following terms and conditions (the "General Terms and Conditions of Contract") apply to the use and operational support of standard software programs (the "Software"), which are produced by Johari GmbH, hereinafter referred to as the Provider, and are provided to the Customer as a Software-as-a-Service via the Internet.

The subject matter of the Agreement:

  • the provision of software programs listed at www.johari-solution.de for use via the Internet and
  • the storage of customer data on servers of the computer centre

Individually developed software programs are not subject of this contract.

1.2.

The software is operated by the provider as a SaaS or cloud solution. The customer is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection for his own purposes during the term of this contract and to store and process his data with their help.

1.3.

These contractual conditions apply exclusively. Contract conditions of the customer do not apply. Counter-confirmations of the customer with reference to his own terms and conditions are expressly contradicted.

2. Nature and extent of the service

2.1.

The Provider shall make the software available to the Customer for use in the agreed version at the router exit of the computer centre where the server with the software is located ("transfer point"). The software, the computing power required for its use and the required memory and data processing space are provided by the Provider. The Provider does not owe the establishment and maintenance of the data connection between the Customer's IT systems and the described transfer point.

2.2.

The provider grants the customer the right to use the software both on business and private devices.

3. Availability of the software

3.1.

The provider draws the customer's attention to the fact that restrictions or impairments to the services provided may arise which are beyond the provider's control. This includes in particular actions of third parties not acting on behalf of the provider, technical conditions of the internet not influenceable by the provider as well as force majeure. The hardware, software and technical infrastructure used by the customer can also influence the services of the provider. Insofar as such circumstances influence the availability or functionality of the service provided by the Provider, this has no effect on the contractual conformity of the services provided.

3.2.

The customer is obliged to report functional failures, malfunctions or impairments of the software to the provider immediately and as precisely as possible in accordance with the agreements in the order sheet.

4. Data processing rights, data protection

4.1.

The provider adheres to the legal data protection regulations.

4.2.

For the purposes of implementing the contract, the customer grants the provider the right to copy the data to be stored by the provider for the customer, insofar as this is necessary for the provision of the services owed under this contract. The Provider is also entitled to store the data in a failure system or separate failure computer centre. In order to eliminate failures, the Provider is also entitled to make changes to the structure of the data or the data format.

4.3.

The provider regularly saves the customer's data on the server for which the provider is responsible in encrypted form on an external backup server.

4.4.

If and to the extent that the customer processes or allows personal data to be processed on IT systems for which the provider is technically responsible, the order data processing agreement must be taken note of. The order data processing agreement can be found here.

5. Support

5.1.

A support case exists if the software does not fulfil the contractual functions. The type of error message is determined by the order sheet, as is the scope of the support services.

5.2.

If the customer reports a support case, he shall provide a description of the respective malfunction that is as detailed as possible in order to enable the most efficient error correction.

5.3.

The parties may conclude a separate agreement on the provision of support, maintenance and servicing services.

5.4.

The provider has the possibility to outsource maintenance and support to third parties.

6. Compensation

6.1.

The payment period and the amount of the remuneration as well as the method of payment are based on the offer.

6.2.

If the customer delays the payment of a due remuneration by more than four weeks, the provider is entitled to block access to the software after prior reminder with setting a deadline and expiry of the deadline. The Provider's claim for remuneration remains unaffected by the blocking. Access to the software will be reactivated immediately after the arrears have been settled. The right to block access shall also exist as a milder remedy if the Provider has a right to terminate the contract for cause in accordance with Section 11.2.

6.3.

After expiry of the initial term in accordance with the offer, the Provider may adjust the prices as well as the rates for an agreed remuneration in accordance with the general price development. If the increase in remuneration amounts to more than 5%, the Customer may terminate the contractual relationship at the end of the current contractual month.

6.4.

The remuneration for other services is based on the offer.

7. Obligations of the customer

7.1.

The Customer shall support the Provider in providing the contractual services to a reasonable extent.

7.2.

In order to use the software, the system requirements resulting from the offer must be fulfilled at the customer's premises. The customer himself is responsible for this.

7.3.

The customer must keep the access data made available to him secret and ensure that any employees to whom access data are made available also do so. The service of the Provider may not be made available to third parties, unless this has been expressly agreed by the parties.

8. Warranty

In principle, the legal regulations on warranty apply. The §§ 536b (knowledge of the tenant of the defect at the conclusion of the contract or acceptance), 536c (defects occurring during the rental period; notification of defects by the tenant) BGB apply. However, the application of § 536a para. 2 (right of the renter to remedy defects himself) is excluded. Also excluded is the application of § 536a para. 1 BGB (liability for damages of the landlord), as far as the standard provides for liability regardless of fault.

9. Liability and compensation

9.1.

The provider is liable for damages of the customer, which were caused intentionally or grossly negligently, which are the consequence of the absence of a guaranteed quality, which are based on a culpable violation of essential contractual obligations (so-called cardinal obligations), which are the consequence of a culpable injury to health, body or life, or for which a liability according to the product liability law is provided, according to the legal regulations.

9.2.

Cardinal obligations are such contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, and whose violation on the other hand endangers the achievement of the purpose of the contract.

9.3.

In the event of a breach of a cardinal obligation, the liability - insofar as the damage is based only on slight negligence - is limited to such damage that must typically be expected to occur when using the contractual software.

9.4.

Otherwise, liability - regardless of the legal basis - is excluded.

10. Customer data and exemption from third party claims

10.1.

As a technical service provider, the provider stores content and data for the customer, which the customer enters and stores and makes available for retrieval when using the software. The customer undertakes towards the provider not to post any criminal or otherwise absolutely or in relation to individual third parties illegal content and data and not to use any programs containing viruses or other malicious software in connection with the software. The customer remains responsible for personal data and must therefore always check whether the processing of such data on the use of the software is supported by corresponding authorisation certificates.

10.2.

The customer is solely responsible for all content and processed data used and for the legal positions that may be required for this. The provider does not take note of the customer's contents and does not check the contents used by the customer with the software.

10.3.

In this context, the Customer undertakes to indemnify the Provider from any liability and any costs, including possible and actual costs of legal proceedings, if claims are made against the Provider by third parties, including employees of the Customer personally, as a result of alleged acts or omissions of the Customer. The Provider shall inform the Customer about the claim and, as far as legally possible, give the Customer the opportunity to defend the asserted claim. At the same time, the Customer shall immediately provide the Provider with all information available to him on the facts of the case which are the subject of the claim in full.

10.4.

Any further claims for damages of the provider remain unaffected.

11. Duration and termination of the contract

11.1.

The term of the contract shall depend on the offer.

11.2.

Both parties reserve the right to terminate the contract for good cause if the legal requirements are met. An important reason for the Provider is especially given if the Customer is more than two months in arrears with the payment of a due remuneration despite a reminder. If the Customer is responsible for the reason for termination, the Customer is obliged to pay the Provider the agreed remuneration less any expenses saved by the Provider up to the date on which the contract would end at the earliest in the event of ordinary termination.

11.3.

Unless otherwise specified in the offer the regular notice period is 8 weeks to the end of the contract term. If the contract is not terminated by either party, it will be automatically renewed for the previous term. Declarations of termination must be in text form to be effective. Compliance with this form is a prerequisite for the effectiveness of the termination. Fax and e-mail do not meet the written form requirement.

11.4.

After termination of the contract, the Provider shall return to the Customer all documents and data carriers provided by the Customer and still in the possession of the Provider in connection with the present contract and shall make available to the Customer and delete the data stored by the Provider, as far as no storage obligations or rights exist.

12. Confidentiality

12.1.

The parties are obliged to keep permanently secret, not to pass on to third parties, record or otherwise use all information about the respective other party which they have become aware of or become aware of in connection with this contract and which is marked as confidential or which is identifiable as business and trade secrets (hereinafter referred to as "confidential information") on the basis of other circumstances, unless the respective other party has expressly agreed to disclosure or use in writing or the information must be disclosed on the basis of law, court decision or an administrative decision.

12.2.

The Information shall not be considered confidential information within the meaning of this Section 12 if:

  • it was already known to the other party in advance without the information being subject to an obligation of confidentiality
  • it is generally known or without violation of the assumed confidentiality obligations transpire
  • the other party without breach of any confidentiality obligation by a third party be revealed

12.3.

The obligations under this clause 12 shall survive the end of this Agreement.

13. Transfer of rights and obligations

The assignment of the rights and obligations arising from this contract is only permitted with the prior written consent of the Provider. The Provider is entitled to entrust third parties with the fulfilment of the obligations arising from this contract.

14. Miscellaneous

14.1.

The Customer authorises the Supplier to use the name and logo of the Customer on the Supplier's website for reference purposes within the Johari Solution. This permission is also valid in terms of trademark law and shall survive the end of this agreement.

14.2.

This Agreement and any amendments thereto, as well as all contract-relevant declarations, notification and documentation obligations, must be in writing, unless another form is agreed upon or required by law.

14.3.

The contract shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of the supplier, as far as the customer is a merchant, a legal entity under public law or a special fund under public law.

14.4.

The German version of the General Terms and Conditions shall take precedence over translated versions.

14.5.

Should individual provisions of this agreement be invalid, the validity of the remaining provisions shall not be affected. In this case, the parties shall cooperate to replace invalid provisions by such provisions that correspond as closely as possible to the invalid provisions.