Data Protection & Terms

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done. We would like to point out that data transmission on the internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Name and address of the controller according to Article 4 (7) GDPR:

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is: 1001fx /co efec AG, Lauerstraße 19, 35578 Wetzlar, Germany.

Name and address of the data protection officer according to Article 37 GDPR:

The data protection officer is: Sven Herchenhein, address as above, telephone: 49 (0)6441 445790, e-mail: hello(ät)1001fx.com

General information on data processing

1. Scope of processing of personal data

We collect and use the personal data of our users only to the extent necessary to provide a functioning website, content and our services. The collection and use of personal data of our users regularly only takes place with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 Para. 1 lit. a GDPR serves as the legal basis. Art. 6 para. 1 lit. b GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3. Data erasure and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in EU ordinances, laws or other regulations to which the controller is subject. The data shall also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

Provision of the website and creation of log files

1. Description and scope of data processing, disclosure to third parties

Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

IP adress
date and time of the request
time zone difference to Greenwich Mean Time (GMT)
contents of the request (concrete page)
access status/HTTP status code
amount of data transferred in each case
website from which the request originates (referrer URL)
browser type
system software and its interface
language and version of browser software
host name of the accessing computer The data is stored in the log files of our system. These data are stored together with other personal data of the user for one week. The data is passed on to the host operator Host Europe GmbH. Our hoster will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data. To ensure data protection-compliant processing, we have concluded an order processing contract with Host Europe. This data is not merged with other data sources.

2. Legal basis for data processing

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR). In addition, the website operator has a legitimate interest in the technically error-free presentation and optimisation of its website - for this purpose, the server log files must be collected.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR.

4. Duration of storage

The data are deleted as soon as they are no longer required for the purpose of their collection. In the case of the collection of data for the purpose of providing the website, this is the case when the session in question has ended. If the data is stored in log files, this is the case after thirty days at the latest. A storage going beyond this is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

Analysis tool Google Analytics

1. Description and scope of data processing

This website uses the web analytics service Google Analytics. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as "Google". The use includes the operating mode & Universal Analytics. This makes it possible to assign data, sessions and interactions across several devices to a pseudonymous user ID and thus, to analyse the activities of a user across all devices.

Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. The web analysis service sets and uses these cookies to collect aggregated statistical information on the number of visitors to our website and their usage behaviour, such as the duration and frequency of visits and pages visited. The information generated by the cookies is transferred to a Google server in the USA and stored there. This information is used to evaluate the use of the website, to compile reports on website activities and to provide other services relating to website and internet use for market research purposes and to tailor these internet pages to meet requirements. Even if this information is transferred to third parties, if this is required by law or if third parties process this data on behalf of Google, your IP address will never be merged with other data from Google.

We have activated the IP anonymisation function on this website. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR. With the tracking measures we use, we want to ensure that our website is designed to meet the needs and is continually optimised. On the other hand, we use the tracking measures in order to statistically record the use of our website and to evaluate it for the purpose of optimising our offer. These interests are to be regarded as legitimate within the meaning of the aforementioned provision. If a corresponding consent was requested (e.g. consent to store cookies), the processing is based exclusively on Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.

3. Purpose of data processing

The purpose of the use is the continuous optimisation and need-based design of the website.

4. Duration of the storage, objection and removal possibility

Data stored at Google at user and event level that is linked to cookies, user IDs (e.g. User ID) or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) is anonymised or deleted after 14 months. The deletion of data whose retention period has been reached takes place automatically once a month. For details, please see the following link: https://support.google.com/analytics/answer/7667196?hl=en.

You can prevent the storage of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser add-on available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en. As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie is set to prevent the future collection of your data when you visit this website. The opt-out cookie applies only to this browser and only to our website and is placed on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again. Further information on data protection in connection with Google Analytics can be found in the Google Analytics help https://support.google.com/analytics/answer/6004245?hl=en.

We have concluded a data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Google Conversion-Tracking

This website uses Google Conversion Tracking. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

With the assistance of Google Conversion Tracking, we are in a position to recognize whether the user has completed certain actions. For instance, we can analyze the how frequently which buttons on our website have been clicked and which products are reviewed or purchased with particular frequency. The purpose of this information is to compile conversion statistics. We learn how many users have clicked on our ads and which actions they have completed. We do not receive any information that would allow us to personally identify the users. Google as such uses cookies or comparable recognition technologies for identification purposes.

The use of these services occurs on the basis of your consent pursuant to Art. 6 (1) (a) GDPR and § 25 (1) TTDSG. This consent can be revoked at any time.

For more information about Google Conversion Tracking, please review Google’s data protection policy at: https://policies.google.com/privacy?hl=de.

Algolia

We are using Algolia Search on our website, a search engine service provided by Algolia Inc ("Algolia") to search for cities and specific names of serviced apartment accommodations. By using Algolia Search, your IP address, the time of the search and the search term are transmitted to a server of Algolia for statistical purposes which is located in Germany and stored there for 90 days. Please refer to Algolia's terms of use as well as Algolia's privacy policy.

Algolia does not transfer the collected data to third parties, but processes it exclusively internally for statistical evaluations and the monitoring of its services.

Algolia Search has been implemented in order to make the information contained on our website easier to find and to ensure user-friendliness. This is also our legitimate interest within the meaning of Art. 6 para. 1 lit f. GDPR.

Stripe

If you select to pay using the payment option offered by the payment provider Stripe, your payment will be processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we shall disclose your data provided during the order process along with information related to your order (name, address, account number, sort code, credit card number (where applicable), invoice amount, currency and transaction number) in accordance with Art. 6(1) lit. b GDPR. We solely disclose your data to Stripe Payments Europe Ltd. to process your payment and only to the extent required in this respect. See also on data protection at Stripe: https://stripe.com/de/privacy#translation.

YouTube

The data controller uses components from YouTube on this website. YouTube is an online video portal that allows video publishers to upload video clips free of charge and other users to view, rate and comment them free of charge. YouTube permits the publication of all kinds of videos, which is why full film and TV episodes, along with music videos, trailers and videos made by users themselves are accessible on the online portal. YouTube is a service provided by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Each time a user visits one of the individual pages on this website that features a YouTube component (YouTube video) and is operated by the data controller, the web browser on the data subject’s IT system is automatically prompted by the respective YouTube component to download the corresponding YouTube components from YouTube. You can find more information on YouTube at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google receive information on the specific subpages of our website visited by the data subject. Provided the data subject is not simultaneously logged into YouTube, YouTube can identify which subpage of our website the data subject is on when the data subject visits a subpage containing a YouTube video. YouTube and Google shall collect this information and assign it to the data subject’s YouTube account. Accordingly, YouTube components ensure YouTube and Google are always informed that the data subject has visited our website if the data subject is also logged into YouTube when they visit our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject would like to opt out of this form of sharing data with YouTube and Google, they can log out of their YouTube account prior to visiting our website. The privacy policy published by YouTube, available at https://www.google.de/intl/de/policies/privacy/, provides further information on the collection, processing and use of personal data by YouTube and Google.

Content-Delivery-Network

This website uses the content delivery network (CDN) bunny.net/BunnyCDN. The provider is BunnyWay informacijske storitve d.o.o., Cesta komandanta Staneta 4A, 1215 Medvode, SLOVENIA. bunny.net offers a globally distributed content delivery network (CDN). This technology significantly improves the loading speed of our website content and the transport of large media files. However, all transport data (such as IP address, date and time of access, browser used and the operating system as well as the name of your access provider) are also forwarded from your browser to bunny.net. Access and transport data can be logged by bunny.net. The use of bunny.net corresponds to our legitimate interest and secure provision of our web offer (Art. 6 para. 1 lit. f DSGVO). Further information can be found in the bunny.net privacy policy at this Internet address: https://bunny.net/privacy

IONOS - Hosting & Emails

The provider is the IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter referred to as: IONOS). Whenever you visit our website, IONOS records various logfiles along with your IP addresses. For details, please consult the data privacy policy of IONOS:https://www.ionos.de/terms-gtc/terms-privacy.

We use IONOS on the basis of Art. 6 (1)(f) GDPR. Our company has a legitimate interest in presenting a website that is as dependable as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG.
This consent can be revoked at any time.

Hetzner

Our servers are hosted by Hetzner Online GmbH. Industriestrasse 25, 91710 Gunzenhausen, https://www.hetzner.de/ ("Hoster"). Access to the data is based on an order processing contract.

The legal basis for the aforementioned data processing is Art. 6 (1) f) DSGVO based on our legitimate interest. We want to provide you with the technical infrastructure to offer our products and services. For more information, please refer to the privacy policy: https://docs.hetzner.com/de/general.

Bunny media (images, videos, PDFs, etc.) are hosted by DMCA Notice, BunnyWay d.o.o., Cesta komandanta Staneta 4A, 1215 Medvode, Slovenia.

OVH

Our servers are hosted by OVH. The provider is Christophstraße 19, 50670 Köln, Deutschland, Germany. The legal basis for the aforementioned data processing is Art. 6 (1) f) DSGVO based on our legitimate interest. We want to provide you with the technical infrastructure to offer our products and services. For more information, please refer to the privacy policy: https://www.ovhcloud.com/de/personal-data-protection/.

Stripe

Others

Data security

This website uses SSL or TLS encryption in conjunction with the highest level of encryption supported by your browser for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

We also make use of suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

In some cases, it is possible that third-party cookies are stored on your device once you enter our site (thirdparty cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions, or for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Objection to advertising e-mails

We hereby object to the use of contact data published within the scope of the imprint obligation for the purpose of sending advertising and information material that has not been expressly requested. the operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Data Function providers

Some of our functions run on third-party services. If you don't want to share your information with the service, don't use that feature. The external is marked as, for example, "External Service: Microsoft Azure". Please refer to their privacy policy.

Whenever you execute a function, all parameters are passed to the provider and can be processed. The results are sent back to us and back to us and we send the data to your automation platform.

Microsoft (Azure)

The provider is Microsoft Deutschland GmbH, Walter-Gropius-Straße 5, 80807 München, Germany. For details, please consult the data privacy policy: https://privacy.microsoft.com/de-de/privacystatement.

OpenApi

The provider is OpenAI, L.L.C. For details, please consult the data privacy policy: https://openai.com/policies/privacy-policy

Stripe

The provider is Stripe Payments Europe Ltd.,1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, See also on data protection at Stripe: https://stripe.com/de/privacy#translation.

API

Preamble

1001fx /co efec AG (the operator) develops and licence an api. The subject of this service is the provision of the software as a service.

Subject of the contract

The subject of this contract is the temporary, non-exclusive use of the the api of this contract by the customer (hereinafter: the customer). The scope of performance and functionality of the software is derived from the interface description that the customer has received separately or from the description at 1001fx.com.

The software is only available on the internet; the function of the software therefore depends on a functioning internet connection.

General terms and conditions of the customer do not apply. Creation of multiple accounts for the same person is not allowed.

Rights of use

The customer shall acquire the non-exclusive right, which is limited in time to the duration of this contract, to use the api to the extent of the selected variant worldwide for internal or its own use. Relicencing is prohibited.

The scope of use (commercial or non-commercial) is based on the tariff chosen by the customer. If the tariff chosen by the customer so provides, the customer may use, process or exploit the result of the software (depending on the chosen tariff) commercially or non-commercially in any manner whatsoever. In the case of non-commercial use, the customer is prohibited from using the results of the software for direct or indirect commercial purposes.

Transfer of the software for use by third parties or other provision to third parties, such as by way of letting, is not permitted.

Billing is via credits, which the customer can obtain from "Stripe" (stripe.com). Our order process is conducted by Stripe. Stripe is the merchant of record for all our orders. Stripe provides all customer service inquiries and handles returns.

Credits shall expire at the end of a billing cycle. In the context of the use of the software, the customer has the right to call the api as long as credits for the period are available). A api call is considered to have been processed when the customer is offered the result as a result of a api call regardless of whether the customer process the api call. Should a customer make more than 15% of unsuccessful requests (requests that cannot be processed), the operator reserves the right to block access to the interface.

the operator shall grant the customer a right of withdrawal for 30 days from the date of the contract, unless the customer has made use of the services (even in part).

the operator shall provide the customer (depending on the selected tariff) with an API interface with which the customer can integrate the software into its own websites, apps and software. The customer has the right to integrate the software into an unlimited number of its own websites, apps and software. Provision of the API interface to third parties (in return for payment or free of charge) is not permitted. The customer may install the API interface only on websites in which the customer is named in the legal notice. Integration into software and apps is permitted only if the customer holds the rights of use of the respective software.

Use for the following purposes is prohibited: Research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, creation of "fake news".

Use by organizations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin.

Availability

In the context of the use of a version for which a fee is charged, the operator undertakes to make the software available to the customer 98% of the time, calculated over one year (hereinafter referred to as the Availability). Availability is provided if the software can be accessed via an internet connection in Germany that meets the system specifications, as described in the specification. Maintenance for which notification has been given by the operator does not reduce the Availability.

Higher availability is not possible

Rights and obligations of the customer

The customer undertakes to keep all access data to the software (e.g. passwords, API keys) secret.

The customer undertakes to refrain from any actions that compromise the functionality or operation of the software. In particular, the customer is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software or integrate malware into the software.

The customer guarantees that it has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.

Contract duration

This contract shall begin on activation of the account and is concluded for an indefinite period. Changes to the chosen tariff (upgrade and downgrade) shall take effect immediately. The respective minimum contract duration shall commence again at the same time.

This contract may be terminated by either party in writing by registered letter, subject to a one-month notice period, at the end of the respective accounting period. In addition, the customer has the option of canceling the contract directly in the account in the "Dashboard" area, subject to the notice period. The termination shall take effect on the day following the last day of the accounting period.

The customer has the option of using the API interface provided by the operator free of charge for the period offered by the operator or to the extent offered by the operator. In this case, the customer is obliged to provide information about the Operator to the recipients of the edited photos by means of a link provided by the operator. If the tariff selected by the customer stipulates advertising of the software, this obligation also exists in the use of the software in return for payment.

This contract may be terminated by the operator for good cause with immediate effect. The following constitute good causes in any case:

if the customer breaches the provisions of this contract and does not desist from the conduct that breaches the contract even after a written reminder within a period of seven working days;
if the customer is unable to pay or insolvency proceedings are instigated in respect of the customer's assets or an application for the instigation of such proceedings is rejected for lack of assets to cover the costs;

if the customer violates other points of this agreement.

Terms of payment

All fees for recurring services are due before the beginning of the respective accounting period. The billing period shall commence on the day the contract is concluded and end after one month. Monthly credits that are not used in an accounting period shall expire at the end of the accounting period and cannot be transferred to the next accounting period.

Taxes and duties which are related to the current fee shall be paid by the customer. The customer hereby indemnifies the operator in this respect.

The customer's activation shall take place as soon as the current fee has been paid. Should the customer be in default even for one day only, the operator is entitled to prohibit the customer from further use of the software and cancel all services. This is without prejudice to the obligation of the customer to pay the agreed fee.

Reminder fees shall be charged at EUR 20.00 per reminder.

The customer is not entitled to offset claims against the operator unless such claims have been legally established by a court.

Warranty and liability

Any warranty for the results of the software and its Availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is six months.

the operator is not liable for the speed of the software, its Availability, data loss or the correctness of the results. In addition, the liability of the operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.

The liability of the operator is in any case limited to the amount that the customer has paid in ongoing fees in the last 3 months before the event giving rise to liability.

Confidentiality and data privacy

As a matter of principle, 1001fx does not process any personal data. If the customer is a private individual and processing is carried out exclusively for personal and family activities, 1001fx shall process all personal data submitted by the customer exclusively on the basis of the General Data Protection Regulation.

If the customer is a company and the customer submits personal data, this document shall apply. In using the software, the customer accepts it.

Depending on the api call data may be transferred to third party providers. The customer is responsible to accept the data protection laws of this service. If the customer does not accept this, usage of the respective api call is prohibited. Please review the api call's documentation for data protection hints.

Contact by e-mail

The customer gives consent to receiving e-mails from 1001fx for purposes of information and advertising of its products and product developments and for news.

The customer gives consent to being named as a reference by 1001fx.

The customer may withdraw consent at any time by sending an e-mail to hello(ät)1001fx.com.

Others

Legal disputes arising from this contract are governed exclusively by German law. Application of the UN Convention for the International Sale of Goods, the referral standards of the IPRG and the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

The agreed place of performance is the registered office of 1001fx.

The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in Wetzlar, Germany.

Changes and/or additions to this contract must be made in writing to be valid; written form is also required for departure from this formal requirement.