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PLEASE NOTE: This is a translation of our Privacy Statement. The German language version is the only original and authentic version. In any case of conflict, deviations or inconsistencies between the two versions, the German language version shall be the governing version.

Privacy Statement

Our Privacy Statement forms an integral part of our General Terms and Conditions. It is provided in this separate document for reasons of clarity and oversight only. The General Terms and Conditions and the Privacy Statement belong together and form one single unit. Therefore, they are always to be read, considered and recognized together and in their entirety.

The protection of our users´ data is very important to us. In this document we explain which information will be collected and recorded and may be transmitted to third parties when using the Eardex Website, and how we will use such data.

By visiting or using the Eardex Website, every user explicitly declares his/her consent to our General Terms and Conditions and this Privacy Statement, which forms an integral part of our General Terms and Conditions. In particular, any user fully agrees that we may collect, store, process and use the data collected and stored and that we may transmit such data or information to third parties, if applicable and as described in this document.

When visiting the Eardex Website or calling up files or when entering any data or transmitting files it is always possible that the corresponding data transmission via the Internet is not secure and that, therefore, data could be read or even manipulated by non-authorized persons. We hereby expressly draw your attention to this risk.

Registered Users (Personal User Data)

Users may use the Eardex Website without signing up or logging in. However, certain information and content as well as several features and functions of the Website will be available to registered users only who are logged in.

Therefore, users can decide to register/sign-up on Eardex.com, which is optional but necessary to be able to access all information and content of the Eardex Website and to use all of its areas, features and functions. When signing up, we collect a user name, a password chosen by the user and his/her email address only. In addition, users can enter further optional personal data.

We will use this data solely for our own or user purposes (e.g. operation of the website, provision of features and functions (in part personalized), analysis and improvement of the offering and the Website, development of new features and functions etc.) as well as to enable a user to use the Eardex Website.

On the one hand, it is essential that we are able to clearly relate certain user actions to a specific single user, which in particular applies to price entries of a user. Therefore, we use personal data to identify a user. Please refer to our FAQ to understand why this is necessary. On the other hand, we need such data in order to enable users to use personalized features or functions. And we may use such data to communicate with a user.

The Company respects the privacy of its users and takes reasonable measures to protect the personal data of its users. We will use such personal data solely for our own or the user purposes mentioned above and not for other purposes. We do not sell such data! Personal user data allowing to identify or communicate with a user will never be passed on to third parties for advertising or marketing purposes (in particular, no first and last name and no e-mail address will be passed on to advertising partners)! An exemption are cases where we are obliged by law or legal provisions to disclose such information.

Other users of the Eardex Website (whether logged in/registered or not) will not be able to access or view the profile of a user containing his/her personal data. However, in this context please note that the chosen user name of a user and/or the number of his/her price entries can be displayed in various areas of the Eardex Website, for different purposes and in different contexts. All users expressly and fully agree to this. However, as such a user name will not refer to a user´s profile, it cannot be associated by other persons with other personal data of the user such as his/her email address. In addition, no user can or will be contacted by means or as a result of displaying this information.


All Users (whether logged in/registered or not)

As soon as a user visits the Eardex Website (whether logged in/registered or not), the Company may use so called cookies in order to ensure full functionality of the website or for other purposes, as described below. Cookies are small pieces of information or data packages that will be stored on the computer or device of the user, either temporarily (session cookie) or for a certain period or permanently (persistent cookies).

Among other things, cookies help us to collect information on usage of the Eardex Website. For example, the Company may use cookies to note if a user is already logged in. Cookies can also serve several other purposes, e.g. to collect and record information about the surfing behavior of a user. In this context, we explicitly refer to section „Use of third-party service providers and plugins“ of this privacy policy.

Most browsers are initially set up to automatically accept cookies. In general, browsers allow different settings, e.g. to refuse all or some cookies or to remove/delete existing cookies. Of course you can use the Eardex Website without accepting cookies. However, in this case it is possible that some areas, features and/or functions of the Eardex Website will not operate correctly or will not be available for use.

In addition, while visiting the Eardex Website we automatically collect and record (by using 1&1 WebAnalytics) different data or information of users or about users, such as the IP address of the user and/or information as regards the browser of the user, his/her monitor size and operating system, which Eardex web pages have been visited, date and duration of the visit to the Eardex Website etc. Such information will be saved in so called log files. This as well applies to all visitors, whether logged in/registered or not. The IP address of users will be anonymized in the log files after 7 days. Data contained in the log files will solely be used for common general statistical evaluations of the usage or surfing behavior in general. It will not be used to identify single users or to establish individual/personal user profiles.

In addition, the Company may use or employ different tracking and/or analytics tools to collect the above mentioned data (and other information, if applicable) (together the „Non-Personally Identifiable Information“). In particular, the Company employs Google Analytics, a web analytics service of Google Inc. („Google“), which also uses the above mentioned cookies, i.e. text files which are stored on the user´s computer or device and allow an analysis of the website’s use by a user. The information about your use of the Eardex Website created by or with such cookies (including your IP address which, however, will be truncated by the last octet prior to its storage using the “_anonymizeIp()” method so that it cannot be associated with a specific computer or user) will be transmitted to and stored on a Google server in the USA. Google will use such information to analyze the website’s use, to compile reports on website activities for the website operators and to provide further services in connection with the use of the Website and the Internet. Google also may make this information available to third parties if this is required by law or if such third parties process this information on behalf of Google. Google stated that it will not relate or match the IP address of a user with other data of Google. Every user can disable installation of cookies via an appropriate setting of the browser. However, in this case it is possible that some areas, features and/or functions of the Eardex Website may not be available for use to the fullest extent. By using this Website, you explicitly declare your consent with the collection of data and the processing of the data collected about you by Google in the manner and for the purpose described above.

Please note: Google offers an additional software (add-on) which should disable transmission of information about the visit to the Eardex Website to Google Analytics. This can be downloaded under http://tools.google.com/dlpage/gaoptout and then installed by the user. However, this is in the sole discretion of the user and always and solely at the own risk and responsibility of the user. The Company does not assume any liability or responsibility and provides no warranty whatsoever as regards any possible consequences which may arise as a result of downloading or installing such software.

The Company explicitly reserves the right to additionally use other tracking or analytics tools any time. In this case, however, we will of course include these in our Privacy Statement.

Use of collected and stored data

If not stated otherwise in any prior or following sections, all data collected and stored will solely be used for the following purposes:

  • To monitor, evaluate and/or improve the usability and the Eardex Website in its entirety (e.g. its content and design etc.);
  • To better monitor, control and/or manage the traffic of the Eardex Website and its use;
  • To identify and analyze technical or other failures, malfunctions, flaws or imperfections, and to fix them;
  • To be able to place targeted advertisements;
  • To be able to develop and provide personalized services, features or functions;
  • To be able to develop and use appropriate marketing instruments.


We do not sell personal user data! Personal user data allowing to identify or communicate with a user will never be passed on to third parties for advertising or marketing purposes (in particular, no first and last name and no e-mail address will be passed on to advertising partners)! An exemption are cases where we are obliged by law or legal provisions to disclose or pass on such data or information.

However, the Company may use third-party service providers and use or offer for use by the user several plugins (please see below). In this context, other data or information about users or the website use (Non-Personally Identifiable Information) could be transmitted to such third-party or plugin providers. But such data or information will not allow or enable others to personally identify or communicate with a user! In this context, the IP address of a user could be a potentially contentious point. Therefore, we explicitly mention in this Privacy Policy that the IP address could be transmitted to third parties as well.

Please note: we differentiate between such Non-Personally Identifiable Information and the Personal User Data on the one hand and "information and content provided by users without any personal reference" on the other hand. The latter refers to user input on the Eardex Website, in particular to price entries by users, and to Other Content provided by users (please see General Terms and Conditions). Such "data provided by users without any personal reference" do not fall in the category of sensitive data which has to be protected and can, therefore, be sold or otherwise transmitted to third parties. If in any case user data which could be used to identify a user should form part of data sold or passed on, such data will be fully anonymized. Here as well the rule applies that no data will be contained in a package sold or passed on which would allow or enable others to personally identify or communicate with a user. In addition, the potentially contentious IP address of a user will in no case be contained in such a data package.

Use of third-party service providers and plugins

The Company may use third-party service providers, e.g. to place advertisements while a user is visiting the Eardex Website. Such third-party service providers may use cookies to place ads on the Eardex Website. This means that a third-party service provider may use information about a user´s visit to the Eardex Website (Non-Personally Identifiable Information) in order to place targeted ads based on the interests of users. But such data or information will not allow or enable others to personally identify or communicate with a user (with the IP address of a user being be a potentially contentious point; in this context, please refer to the next paragraph).

In connection with the use by the Company of specialized service providers to place ads on the Eardex Website please also note that, in addition to the use of cookies mentioned above (including the use of information about users in this context), such service providers in general use so called ad servers. In this context, the IP address of a user´s computer or device may be transmitted to the ad server. Every user explicitly declares his consent and fully agrees that the Company may use third-party or other service providers to place targeted personalized ads on the Eardex Website. In particular, every user explicitly agrees to the transmission of information about users (e.g. via cookies) including a users’ IP address. As stated above, the actual Personal User Data mentioned under "Registered Users" will of course not be passed on to third parties.

In addition, the Eardex Website has implemented and uses social plugins (“plugins”), among others plugins of the Facebook social network (Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA) as well as of the Twitter network (Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA) (the "networks"). Such plugins can be identified by the respective logo of the network or, in case of Facebook, also by the “Like” button. An overview on plugins offered by Facebook can be found here: http://developers.facebook.com/docs/plugins/.

If you access the Eardex Website your browser establishes a direct connection with the network provider’s servers via the plugin. The plugin content will be sent directly by the network to your browser and integrated into the Eardex Website. In this context, different information (Non-Personally Identifiable Information) will be transmitted to the relevant network, in particular the information that a user has called up the Eardex Website. It is also possible that your IP address will be transmitted and saved as well. This can also apply to users who do not have an account with the respective network or who are not registered with this network.

If, for example, you are logged in into your Facebook account and interact with a plugin, e.g. by clicking the Like button or posting a comment, the corresponding information will be processed by the Facebook network. Thus, Facebook will be able to relate the visit to our website to the user´s Facebook account. The Company hereby explicitly states that as operator of the Eardex Website it has no precise knowledge as regards the scope, content, nature and/or type of data transmitted or its use by Facebook. For further information about this topic, please see Facebook´s data privacy policy: http://www.facebook.com/policy.php. The same applies to Twitter plugins. The corresponding information can be found here: http://twitter.com/privacy.

The Company also uses other social plugins or similar features. As regards these plugins or features, it applies accordingly that the Company as the operator of the Eardex Website has no detailed knowledge as regards the exact scope, content, nature and/or type of data transmitted or its use by the respective provider of a plugin or feature. It is the own responsibility of all users to inform themselves as regards the relevant terms of use or terms and conditions and all privacy aspects. Any use of plugins or features is always and solely at the own risk and responsibility of the user. The Company does not assume any liability or responsibility and provides no warranty whatsoever as regards the use of a plugin and/or possible consequences which may arise as a result of its use. The plugins currently used on the Eardex Website (in addition to Facebook and Twitter) including links to the relevant information are as follows:

If you are a member of a network and wish to avoid that the network collects information about you and your surfing behavior on the Eardex Website and/or relates or links information with/to data already stored at the network, you should log out of your account with a network prior to visiting the Eardex Website. Another possibility may be to block such plugins using additional software (add-on). In case of Facebook this could be, for example, the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/). However, the Company provides no guarantee as regards such software`s ability to function or its reliability and performance. Any use of additional software is always and solely at the own risk and responsibility of the user. The Company does not assume any liability or responsibility and provides no warranty whatsoever as regards the use of an add-on and/or possible consequences which may arise as a result of its use.

As a special case, we would like to mention the possibility to sign up on/register with or log in on the Eardex Website via Facebook. Appropriate buttons can have different names such as Facebook Login, Login with Facebook, Register with Facebook, "f login" etc. As regards its use, the before mentioned terms and conditions and information applies, in particular, that the Company as the operator of the Eardex Website has no detailed knowledge as regards the exact scope, content, nature and/or type of data transmitted or its use by Facebook. For further information about this topic, please see Facebook´s data privacy policy: http://www.facebook.com/policy.php.

You can use this function to log in or register with Eardex via authentication by Facebook. Using this feature, creation of your Eardex profile can be quicker and simpler. By clicking on the appropriate button (e.g. Login with Facebook etc.) your Facebook profile will be connected with Eardex. When doing so, certain data from your Facebook account (e.g. name, e-mail address etc.) will be transmitted to Eardex. Thus, you won´t have to enter this data again when signing up on the Eardex-Website. The Company itself does not transmit data to Facebook. If you already signed up on Eardex.com and are logged in into your Facebook account and use this feature, you can log in on Eardex.com with a single click on this button only instead of having to enter your user name and password.

Consent, Withdrawal of Consent

By visiting or using the Eardex Website or by signing up on the Website, every user explicitly declares his/her consent to this Privacy Statement and, in particular, fully agrees that we may collect, store and use the above mentioned information or data for the purposes described herein and that we may transmit such data or information to third parties, if applicable and as described in this document. You can withdraw you consent any time by writing an email to datenschutz@eardex.com. However, unlimited usage of the Eardex website will no longer be possible in this case. 

Contact

If you have questions or need explanations or want to submit an enquiry as regards this Privacy Statement please contact us at datenschutz@eardex.com.

PLEASE NOTE: The Company expressly reserves the right to change or modify the General Terms and Conditions including the Privacy Statement at any time with effect for the future. In any case, such version of the Terms and Conditions and the Privacy Policy will apply which is posted on the Eardex Website at the time a user is accessing the Website.

 

Privacy Policy as of 7 September 2011