Terms of Use & Contract data processing
Terms of Use for myStandLeads
1. Scope of application
1.1 myStandLeads is a cloud-based platform consisting of a mobile application that can be installed on compatible mobile devices and a back-end that can be accessed via a browser at https://www.mystandleads.com/ (collectively the "platform"). The platform is aimed exclusively at business entities within the meaning of § 14 BGB (German Civil Code) and their bodies, representatives, employees and other persons assigned to them who use the mobile application or the back-end (hereinafter the "users"). By agreeing to these terms of use, users declare that they are business entities within the meaning of § 14 BGB and are authorised to conclude the contract.
1.2 The following terms govern the legal relationship between the user of the platform and myStand technology GmbH, based in Leipzig (hereinafter the "provider"), which makes the platform available for use.
2. User account, user agreement
2.1 In order to use the platform, users must first register online in the back-end at https://www.mystandleads.com/. Before submitting their registration data, users can check their details by clicking on the "Create Account" button and, in the event of incorrect entries, correct them directly in the text fields.
2.2 After successful registration, the user has the possibility to create events in the back-end of the platform and to send an event code to other users. Once the mobile application, which is part of the platform, has been installed, it can be activated by manually entering the event code or by scanning the QR code provided.
2.3 Once registration has been completed in the back-end system (see Section 2.1) or the mobile application has been activated (see Section 2.2), the provider and user conclude a user agreement for an indefinite period based on the content of these terms of use.
2.4 Both the user and the provider are entitled to terminate the user agreement at any time without notice unless otherwise agreed upon in a separate agreement between the user and the provider. Termination for good cause remains unaffected. Such good cause exists in particular if the user violates these terms of use and does not remedy the violation even when required to do so by the provider.
2.5 Users can terminate the user agreement by removing the mobile application from their end devices and deleting their user account in the back-end of the platform. The termination of the user agreement by the provider is effected by declaration in text form (e-mail is sufficient) or by blocking the user's access to the platform.
3. Protection of the user account
3.1 Users are obliged to prevent unauthorised use of their accounts by third parties and to take all necessary and appropriate measures to ensure the protection of their access data. The provider recommends that users have a secure password. Information on how to design a secure password can be found at the German Federal Office for Information Security (BSI) at www.bsi.bund.de. Disclosing the password to third parties is not permitted.
3.2 Users agree to inform the provider immediately by e-mail to datenschutz(at)mystandleads.com if their account or access data are misused or if they suspect such a situation.
3.3 In the event of misuse of the account or the access data or suspicion of misuse, the provider will immediately block the user's account in order to prevent further use and misuse of the account. The provider will reactivate the account as soon as the risk of misuse has been eliminated. The provider reserves the right to permanently block the user's account in the event of repeated cases of misuse.
3.4 The provider reserves the right to assert claims for damages against the user arising from the fact that a third party has suffered damage due to the misuse of the account for which the user is responsible and this damage is justifiably asserted against the provider, or if the provider itself suffers damage due to the misuse for which the user is responsible.
4. Rights and duties of the user, account blocking
4.1 The user is entitled to use the platform during the term of the user agreement in order to collect and forward data from potential customers and interested parties.
4.2 The rights to the platform, in particular, property rights and copyrights, are unrestrictedly the property of the provider. In particular, the user does not have the right to pass on, distribute, rent or otherwise transfer the platform or access data to the platform to an unauthorised third party.
4.3 By transmitting the data to be forwarded, the user grants the provider the transferable, non-exclusive right, limited in time to the term of the user agreement, to process this data insofar as this is necessary for the operation of the platform. These rights are granted free of charge.
4.4 The platform must not be misused by users, and in particular
4.4.1 users must ensure that all information provided by them to the provider in connection with the use of the platform is truthful and that any changes, in particular to the core data (name, company, e-mail address), are immediately updated in the back-end;
4.4.2 users must refrain from all measures that endanger or disrupt the integrity and operational readiness of the platform;
4.4.3 users themselves are responsible for all content processed by them via the platform. They must ensure that they have all rights to the content, in particular, copyrights and ancillary rights;
4.4.4 it is forbidden for users to process illegal or immoral content with the platform or to refer to such content. In particular, this includes information which serves to incite hatred pursuant the meaning of sections 130, 130a and 131 of the German Criminal Code (StGB), leads to criminal offences or glorifies or trivialises violence, is sexually offensive or pornographic pursuant section 184 of the German Criminal Code (StGB) or may damage the reputation of the provider.
4.5 If users violate these terms of use, the provider reserves the right to temporarily or permanently block their access to the platform. Further use of the platform by users will then no longer be possible. The account will only be unblocked if it has been proven to the provider that the infringement has ended and that there is no threat of further infringement.
5. Availability of the platform
5.1 The provider makes every effort to ensure reliable operation of the platform at all times. However, the provider cannot guarantee continuous availability.
5.2 The provider has the right to interrupt access to the platform if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures, or if this is necessary for maintenance work. Maintenance work can be carried out by the provider at any time, day or night.
6. Remuneration of the provider
The provider makes the platform available to the user free of charge during the term of the user agreement unless otherwise agreed between the parties.
7. Data privacy policy
7.1 The personal data provided by the user within the framework of registration in the back-end of the portal will be processed by the provider exclusively in compliance with the provisions of the EU General Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act. The user can find further information about data processing on the platform in the provider's privacy policy.
7.2 Users are expressly informed by the provider that the data to be processed on the platform may be personal data within the meaning of the EU General Data Protection Regulation and that they may require the consent of the data owner concerned for the processing of this data on the platform. The user must, therefore, ensure that they are authorised to process the data they acquire and transmit via the platform. Users are free to enter a declaration of consent under data protection law in the mobile application, which the data owner concerned must agree to prior to data processing on the platform.
7.3 In processing the data on the platform, users affirm that they are authorised to collect and pass on the data. In particular, it is the sole responsibility of users to ensure that the processing of business card information is carried out on an adequate legal basis, e.g. because a pre-contractual obligation exists with the business card owners in accordance with Art. 6 Section 1 b), or because they have consented to the processing of the data. Should the processing of customer data violate data protection regulations, the provider reserves the right to block the user's account immediately. Furthermore, the user indemnifies the provider against all claims asserted by a third party due to the unauthorised processing of personal data. This also applies to any fines imposed by supervisory authorities.
7.4 By providing the technical services (the app), the provider is the data processor of the users. The subject of the contract is the IT-based data processing of business card information. The business card information involves personal data of third parties which users process and use for their own purposes. By concluding this contract, users agree to the conclusion of a corresponding order processing contract. Users can view the order processing contract both before conclusion of the contract for use of the app by clicking on the link "Order processing contract" and after conclusion of the contract in their user profile. Upon request, users can also request the version of the order processing contract agreed at the time of conclusion of the contract as a PDF file from the provider at any time.
8. Changes to these terms of use
The provider may make changes to these terms of use from time to time at its sole discretion. The provider will notify the user in text form (e-mail is sufficient) of any changes to the terms of use that affect the current user agreement. The changes shall be deemed accepted by users if they do not object to them within 2 weeks of receipt of the notification. The provider will inform users of their right to object and the significance of the objection period within the framework of the announcement of the new terms of use. If a user objects to the changes, both parties have the right to terminate the user agreement without notice.
9. Liability on the part of the provider
9.1 The provider is only liable for any damage caused by a grossly negligent or intentional breach of duty, or at least a negligent breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfilment is essential to the proper execution of the contract, whose observance the contractual partner therefore, relies on and may rely on and/or obligations whose breach jeopardizes the achievement of the purpose of the contract.
9.2 The above limitation of liability does not apply to damage resulting from injury to life, limb or health, or insofar as the provider has in exceptional cases assumed a guarantee. In addition, liability in accordance with the applicable statutory product liability regulations remains unaffected.
10. Closing provisions
10.1 If one or more provisions of these terms of use are invalid or unenforceable in whole or in part, the validity of all the other provisions of these terms of use will not be affected by this. The ineffective or unenforceable provision will be regarded as having been replaced by whatever effective and enforceable provision comes closest to the economic purpose pursued by the parties with the ineffective or unenforceable provision. This also applies to any omissions in the terms of use.
10.2 The contract language available to the user is exclusively German. These terms of use can be viewed and saved by the user during registration in the back-end (cf. section 2.1) and during activation of the mobile application (cf. section 2.2).
10.3 The exclusive place of jurisdiction for all disputes arising from and in connection with this contractual relationship will be Leipzig, Germany.
10.4 German law will apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions.
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