{"id":3937,"date":"2019-05-13T09:02:46","date_gmt":"2019-05-13T09:02:46","guid":{"rendered":"https:\/\/fairflexxdigital.live-website.com\/?page_id=3937"},"modified":"2025-12-01T10:37:49","modified_gmt":"2025-12-01T10:37:49","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.fairflexx.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"<div class=\"wpb-content-wrapper\"><p>[vc_row el_class=&#8220;seo-invisible&#8220;][vc_column][vc_column_text]Note: Please read these Terms and Conditions attentively. Customer orders can only be processed if the customer \/ client has agreed to this. Contents: Terms and Conditions; Appendix 1: Information sheet on the commitment declaration in accordance with Article 5 GDPR \u2013 hand it out![\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]<\/p>\n<h2 class=\"agb-h3\">Contents<\/h2>\n<p>&nbsp;<\/p>\n<ul>\n<li><a class=\"invisible-link\" href=\"#agb\">Terms and Conditions<\/a><\/li>\n<li><a class=\"invisible-link\" href=\"#verpflichtungserklaerung\"><strong>Appendix 1:<\/strong> Information sheet on\u00a0the commitment declaration in\u00a0accordance with Article 5 GDPR \u2013 hand\u00a0it\u00a0out!<\/a><\/li>\n<\/ul>\n<hr \/>\n<p>[\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=&#8220;agb&#8220;][vc_column][vc_empty_space height=&#8220;64px&#8220;][vc_column_text el_class=&#8220;hin-und-her&#8220;]<\/p>\n<h2 class=\"agb-h3\">Terms &amp; Conditions<\/h2>\n<p>[\/vc_column_text][vc_column_text]<em><u><br \/>\nNote:<\/u> Please read these Terms and Conditions attentively. Customer orders can only be processed if the customer \/ client has agreed to this.<br \/>\n<\/em><\/p>\n<hr \/>\n<p><span class=\"text-info\">\u00a7 1 Scope of Application<\/span><\/p>\n<p>The following General Terms and Conditions apply to the business rela\u00adtionship between Fairflexx Digital GmbH and the\u00a0customer \/ client. These General Provisions apply to all com\u00adponents of the contract between the client and Fairflexx as\u00a0well\u00a0as to all additional and subsequent orders.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 2 Offer, contract conclusion and subscription terms<\/span><\/p>\n<ol class=\"arabian\">\n<li>The scope of delivery and\/or service of Fairflexx Digital GmbH is defined in the Fairflexx Digital GmbH written offer. If\u00a0Fairflexx Digital GmbH confirms the order in\u00a0writing and the order con\u00adfir\u00adma\u00adtion differs from the order, the contract is con\u00adclud\u00aded on the basis of\u00a0the order confirmation, unless the customer objects in writing within 8\u00a0(eight) days from receipt.<\/li>\n<li>Amendments in the offers due to errors and printing errors, including in\u00a0relation to prices and technical spec\u00adi\u00adfi\u00adca\u00adtions, are reserved to Fairflexx Digital GmbH. Brochures and other advertising materials contain a general and non\u2011binding de\u00adscrip\u00adtion of the Fairflexx Digital GmbH products and they do not become part of the contract.<\/li>\n<li>Permits from public authorities or other third parties, if neces\u00adsary, are required for the conclusion of the contract and the performance of the\u00a0service shall be obtain from the client. Fairflexx Digital GmbH is not obliged to provide services until the ne\u00adc\u00adessary permits have been legally granted. The customer under\u00adtakes to inform the user immediately of\u00a0any autho\u00adri\u00adsation re\u00adquirements, to indemnify and to keep harmless in this regard.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 3 Performance, performance time <\/span><\/p>\n<ol class=\"arabian\">\n<li>Service periods are non-binding unless anything else is explicitly agreed in writing. If, after conclusion of the\u00a0contract, an amend\u00adment or supple\u00admen\u00adtation of the service is made by a mutual agree\u00adment, the period of\u00a0performance is auto\u00admat\u00adi\u00adcal\u00adly extended by a reasonable period of time.<\/li>\n<li>The service is provided in a manner chosen by Fairflexx Digital GmbH, which is customary in the industry, within the normal business hours. If, for rea\u00adsons not attributable to the user, a service is provided outside normal business hours, sur\u00adcharges will be invoiced separately according to the price list of Fairflexx Digital GmbH ap\u00adpli\u00adca\u00adble locally at\u00a0the time of the service.<\/li>\n<li>The delivery of the service is at the expense and risk of the client. The risk passes to the customer when the object of\u00a0the\u00a0contract is handed over to the transporter. The costs for special packag\u00ading are to be borne by the customer. According to\u00a0a separate agreement and at the expense of the customer, the Fairflexx Digital GmbH service dispatch can\u00a0be insured against breakage, fire damage and destruction.<\/li>\n<li>In case of an acceptance delay, the customer shall be liable to interest in\u00a0the storage of Fairflexx Digital GmbH without pre\u00adju\u00addice to any further claims. Fairflexx Digital GmbH is also en\u00adti\u00adtled to claim or retain 5% of the pur\u00adchase price as a con\u00adtri\u00adbu\u00adtion for pro\u00adces\u00adsing in case of a delay in accep\u00adtance. We re\u00adserve the right to\u00a0claim any further damage.<\/li>\n<li>The customer is liable for the fact that the necessary technical pre\u00adreq\u00adui\u00adsites for the provision of the ser\u00advice are met. The client gua\u00adran\u00adtees that the technical equip\u00adment, such as supply lines, cabling, hardware, net\u00adworks in technically perfect and opera\u00adtional condition and are com\u00adpa\u00adtible with the performance of Fairflexx Digital GmbH.<\/li>\n<li>The customer is obliged to pay Fairflexx Digital GmbH travel expenses in connec\u00adtion with the provision of the service in accordance with the price list ap\u00adpli\u00adcable locally at the time of the provision of the service accor\u00adding to actual effort, if\u00a0this expense is incurred and not already included in the offer.<\/li>\n<li>If, for reasons beyond the re\u00adpre\u00adsen\u00adta\u00adtion of Fairflexx Digital GmbH, additional works or services not included in\u00a0the\u00a0scope of\u00a0the contract are required in\u00a0order for the user to be able to perform his contractual service, Fairflexx Digital GmbH shall be deemed to\u00a0have been provided by the customer, responsible for their imple\u00admen\u00adtation.<\/li>\n<li>The customer is entitled to use the\u00a0service after full payment of\u00a0the agreed fee, at the announced place, for the an\u00adnounced purpose and in accordance with the contract. Any further use is prohibited to the cus\u00adtomer and therefore it\u00a0requires the prior written consent by Fairflexx Digital GmbH.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 4 Right of Cancellation<\/span><\/p>\n<p>Consumers have a statutory right of cancellation. The contract is concluded on the basis of the order confir\u00admation, as\u00a0long\u00a0as the customer hasn&#8217;t can\u00adcelled it in writing within 8 (eight) days from receipt.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 5 Prices \/ fee and shipping costs (self-register); Could look like this if neces\u00adsary \u2013 I would put it as follows:<\/span><\/p>\n<ol class=\"arabian\">\n<li>Prices are in EURO excluding statu\u00adtory taxes, duties, customs or other fees.<\/li>\n<li>In the case of a permanent business relationship, subsequent orders are placed at the current prices appli\u00adcable at\u00a0the time of the order.<\/li>\n<li>Significant changes in the calcu\u00adla\u00adtion basis after the contract con\u00adclu\u00adsion (in parti\u00adcular: wages, energy, materials, exchange rates, etc.) Fairflexx Digital GmbH entitles to adjust prices retrospectively.<\/li>\n<li>Payment delays of any kind and the opening of insolvency proceedings or\u00a0non-opening of insolvency pro\u00adceed\u00adings in\u00a0the absence of assets result in\u00a0the loss of all rebates and discounts granted to the principal.<\/li>\n<li>The remuneration for periodic lyri\u00adcal services is guaranteed in\u00a0value according to the Harmonised Index of Consumer Prices of the EU (HICP). The month when the contract was concluded is considered as a\u00a0starting point.<\/li>\n<li>Fairflexx Digital GmbH is entitled to charge 30% of the total claim after the con\u00adtract conclusion, 40% when deliv\u00ader\u00ading and 30% after the per\u00adfor\u00admance. All the invoices are due for the im\u00adme\u00addi\u00adate pay\u00adment upon the invoice receipt.<\/li>\n<li>The customer undertakes to use the software exclusively in\u00a0accordance with the software regulations. The use of any supplied third-party soft\u00adware is subject to the applicable contractual provisions of the respective manufacturers.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 6 Payment and Delivery Conditions<\/span><\/p>\n<ol class=\"arabian\">\n<li>Unless anything else is agreed, the\u00a0delivery shall be made from the\u00a0com\u00adpa\u00adny headquarters to the\u00a0delivery address specified by\u00a0the\u00a0cus\u00adtomer.<\/li>\n<li>The purchase price is due on de\u00adliv\u00adery against invoice within 30\u00a0days from the bill. Thereafter, delay oc\u00adcurs under the esti\u00admate of default interest in\u00a0case of 5% without the need for\u00a0a\u00a0reminder.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 7 The Warranty Period <\/span><\/p>\n<p>The warranty period is 12 (twelve) months. Defects must be report\u00aded in\u00a0writ\u00ading with a detailed description of\u00a0the defect in case of any other loss of all resulting claims, but at least within 14\u00a0days from handover.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 8 Reservation of Ownership<\/span><\/p>\n<p>Until the purchase price claim has been totally fulfilled by the customer, the\u00a0delivered goods remain the property of the Fairflexx\u00a0GmbH.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 9 Data Protection<\/span><\/p>\n<p>We use your personal data exclusively for purposes relating to the ordering of the software as well as for infor\u00admation about the re\u00adspec\u00adtive customer delivery status and for internal customer analy\u00adses. Personal customer data will be treated confidentially and will not be passed on to third parties.<\/p>\n<p>The customer \/ client explicitly agrees to the collection, processing and use of\u00a0the data received in connection with\u00a0the business relationship.<\/p>\n<p>The customer \/ client has a right to infor\u00adma\u00adtion as well as a right to rec\u00adti\u00adfi\u00adcation, blocking and deletion of\u00a0his stored data.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 10 Limitation of Liability: <\/span><\/p>\n<p>Unless otherwise agreed in these General Terms and Conditions, we only shall be liable for damages:<\/p>\n<p>&nbsp;<\/p>\n<ol class=\"roman\">\n<li>for damages resulting from injury to\u00a0life, body, or health result\u00ading from an intentional or negligent breach of\u00a0duty by\u00a0us or an inten\u00adtional or neg\u00adli\u00adgent breach of duty by\u00a0one of our legal re\u00adpre\u00adsen\u00adta\u00adtives or vicarious agents;<\/li>\n<li>for any other damages caused by an\u00a0intentional or grossly negligent breach of duty by us or on an inten\u00adtional or\u00a0grossly negligent breach of duty by one of our legal re\u00adpre\u00adsen\u00adta\u00adtives, executives or vicarious agents based on;<\/li>\n<li>for other damages resulting from the intentional or negligent breach of\u00a0essential contractual obligations (cardinal obligations) by us or the in\u00adten\u00adtional or negligent breach of essential contrac\u00adtual obligations (cardi\u00adnal obligations) of\u00a0one of our legal re\u00adpre\u00adsen\u00adta\u00adtives, executives or vi\u00adca\u00adrious agents; Essential con\u00adtrac\u00adtual ob\u00adli\u00adga\u00adtions (car\u00addi\u00adnal obli\u00adga\u00adtions) are obli\u00adga\u00adtions, the ful\u00adfil\u00adment of which makes the proper exe\u00adcu\u00adtion of the con\u00adtract possible and on whose compliance the parti\u00adci\u00adpant regularly trusts;<\/li>\n<li>for damages that fall within the scope of a warranty (guarantee) or a\u00a0quality or durability guarantee granted by us.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>Further liability due to fraudulent conduct remains unaffected.<\/p>\n<p>In the case of a simple negligent breach of an essential contractual obligation, the liability of the amount is\u00a0limited to the typically ex\u00adpect\u00aded damage. This does not apply to damage resulting from in\u00adjury to life, body or\u00a0health. Essential contractual obligations (cardi\u00adnal obligations) are obli\u00adga\u00adtions, the fulfilment of which makes the proper execution of the contract possible and on whose compliance the participant regularly relies.<\/p>\n<p>Claims for damages against us due to legally binding liability, for example according to the Product Liability Act, remain unaffected by the above regulations.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 11 Supplementary clause<\/span><\/p>\n<p>If any provision of this Agreement is or becomes invalid or un\u00aden\u00adforce\u00adable, the remainder of this Agreement shall be\u00a0unaffected. Invalid or un\u00aden\u00adforce\u00adable terms shall be replaced by valid and enforceable provisions of the Parts of the\u00a0Agreement which are most likely to achieve the intended economic pur\u00adpose and are custo\u00admary in the indus\u00adtry. The\u00a0same rule applies to any gaps.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 12 Place of performance, applicable law and place of jurisdiction \/ juris\u00addiction agreement <\/span><\/p>\n<ol class=\"arabian\">\n<li>The law of the Federal Republic of\u00a0Germany shall apply to the ex\u00adclu\u00adsion of\u00a0the UN Convention on Con\u00adtracts for the Sale of Goods. The con\u00adtract is subject to the law appli\u00adca\u00adble at the registered office of Fairflexx Digital GmbH to the exclusion of all referral standards and the United Nations Convention on Contracts for the Interna\u00adtional Sale of Goods (CISG).<\/li>\n<li>If the customer is a merchant or a\u00a0legal entity under public law, the exclu\u00adsive place of jurisdiction for all disputes arising from the con\u00adtrac\u00adtual rela\u00adtion\u00adship is the court re\u00adspon\u00adsible for Fairflexx Digital GmbH in accor\u00addance with the partnership agree\u00adment. This has the court seat in Stuttgart.<\/li>\n<li>The place of performance for the provi\u00adsion of the service is the regis\u00adtered office of Fairflexx Digital GmbH. The con\u00adtract is governed by the law ap\u00adpli\u00adcable at the place of business, excluding all referral standards and the Unit\u00aded Nations Convention on Contracts for the International Sale of Goods (CISG).<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">\u00a7 13 Writing \/ Side agreements<\/span><\/p>\n<p>Extensions and amendments to the con\u00adtract as well as deviations from the con\u00adtract require the validity of the written form and sig\u00adna\u00adture of both par\u00adties. This also applies to a depar\u00adture from this writ\u00adten require\u00adment. Oral ancil\u00adlary agree\u00adments do not exist or lose their validity upon conclu\u00adsion of\u00a0the contract.<\/p>\n<hr \/>\n<p>[\/vc_column_text][\/vc_column][\/vc_row][vc_row el_id=&#8220;verpflichtungserklaerung&#8220;][vc_column][vc_empty_space height=&#8220;64px&#8220;][vc_column_text el_id=&#8220;anlage01&#8243;]Appendix 1:[\/vc_column_text][vc_column_text el_class=&#8220;hin-und-her&#8220;]<\/p>\n<h2 class=\"agb-h3\">Information sheet on the commitment declaration in accordance with Article 5 GDPR<\/h2>\n<p>[\/vc_column_text][vc_column_text]<span class=\"text-info\"><br \/>\n(1) Personal data must be:<\/span><\/p>\n<ol class=\"roman\">\n<li>processed in a lawful manner, in good faith and in a manner com\u00adpre\u00adhen\u00adsi\u00adble to the data subject (\u201clegal\u00adity, good faith processing, trans\u00adparen\u00adcy\u201d);<\/li>\n<li>collected for defined, clear and legit\u00adi\u00admate purposes and may not be fur\u00adther processed in a manner in\u00adcom\u00adpa\u00adtible with\u00a0those pur\u00adpos\u00ades; further pro\u00adces\u00adsing for archival purposes in the public interest, for which scien\u00adti\u00adfic or histo\u00adri\u00adcal research pur\u00adpos\u00ades or statistical purposes shall not be deemed to be incompatible with the\u00a0original purposes (\u201cpurpose binding\u201d) in accordance with Article 89 (1);<\/li>\n<li>appropriate and significant for the purpose and limited to what is neces\u00adsary for the purposes of processing (\u201cdata minimisation\u201d);<\/li>\n<li>accurate and, if necessary, up-to-date; all reasonable measures must be taken to ensure that personal data that are incorrect for the pur\u00adpos\u00ades of its proces\u00adsing are imme\u00addi\u00adately deleted or cor\u00adrect\u00aded (\u201caccu\u00adracy\u201d; 4.5.2016 L 119\/35 Official Journal of the Euro\u00adpean Union DE (1) Directive (EU) 2015\/1535 of the European Parliament and of the Council of\u00a09th\u00a0Septem\u00adber 2015 on an infor\u00admation procedure in the field of technical regulations and rules for the services of\u00a0the Euro\u00adpean Parliament Information Soci\u00adety (OJ No. L 241 of 17.9.2015, p. 1).<\/li>\n<li>stored in a form that allows the identification of data subjects only for as\u00a0long as is necessary for the pur\u00adpos\u00ades for\u00a0which they are pro\u00adcessed; personal data may be stored for longer, provided that the data are not personal data, subject to the im\u00adple\u00admen\u00adta\u00adtion of ap\u00adpro\u00adpri\u00adate tech\u00adnical and orga\u00adnisa\u00adtional measures re\u00adquired by this Regula\u00adtion to protect the rights and free\u00addoms of the data subject, exclusively for the pur\u00adpos\u00ades of the archive, pur\u00adpos\u00ades of interest or for scientific and histo\u00adrical research pur\u00adpos\u00ades or for statistical purposes in accordance with Article 89 (1) (&#8222;storage limi\u00adta\u00adtion&#8220;);<\/li>\n<li>processed in a manner that ensures adequate security of per\u00adson\u00adal data, including protection against unau\u00adtho\u00adrised or unlaw\u00adful processing and against accidental loss, accidental destruction or unintentional injury through appropriate technical and organi\u00adsational measures (&#8222;integrity and confidentiality&#8220;);<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Article 32(4) GDPR<\/span><\/p>\n<ol class=\"arabian\">\n<li>The responsible person and the pro\u00adces\u00adsor shall take steps to ensure that natural persons having access to personal data only process them on the instructions of the controller, unless they are obliged by the Union or the Member States to process these data.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Art. 83 sec. 4 GDPR<\/span><\/p>\n<ol class=\"arabian\">\n<li>In case of infringements of the follow\u00ading provisions, fines of up to EUR\u00a010\u00a0000\u00a0000 shall be imposed in accordance with para\u00adgraph 2 or, in\u00a0case of an undertaking, of up to 2\u00a0% of its total worldwide annual turnover for the previous financial year, de\u00adpend\u00ading on which of the amounts is higher:\n<ol class=\"roman\">\n<li>the obligations of responsible persons and processors in\u00a0accor\u00addance with Articles 8, 11, 25 to 39, 42 and 43;<\/li>\n<li>the obligations of the certification body in accordance with Articles 42 and 43;<\/li>\n<li>the obligations of the supervisory body under Article 41(4)<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 42 BDSG<\/span><\/p>\n<ol class=\"arabian\">\n<li>A custodial sentence of up to three years or a fine shall be a\u00a0punish\u00adment for anyone who knowingly provides personal data that is not gen\u00ader\u00adally available, to a\u00a0large num\u00adber of persons, without being enti\u00adtled to do so,\n<ol class=\"secondary\">\n<li>to a third party or<\/li>\n<li>in a different way and acting commercially.<\/li>\n<\/ol>\n<\/li>\n<li>A custodial sentence of up to two years or a fine will be imposed on anyone who\n<ol class=\"secondary\">\n<li>processes personal data that is not publicly available, without being entitled to do so, or<\/li>\n<li>fiddles them by giving false statements<\/li>\n<\/ol>\n<p>and does so for pay\u00adment or with the\u00a0intention of en\u00adrich\u00ading oneself or another person or harming another person.<\/li>\n<li>The offence will only be prosecuted on request. The data subject, the controller, the Federal Com\u00admis\u00adsion\u00ader and the\u00a0super\u00advisory authority are entitled to apply.<\/li>\n<li>A notification pursuant to Article 33 of\u00a0Regulation (EU) 2016\/679 or noti\u00adfication pursuant to Article 34 (1) of Regulation (EU) 2016\/679 may be used in criminal proceedings against the person obliged to notify or noti\u00adfier or his\/her relatives of\u00a0the Criminal Procedure Code are only used with the consent of the noti\u00adfying person or the person obliged to notify.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 43 BDSG<\/span><\/p>\n<ol class=\"arabian\">\n<li>Acting illegally is intentionally or negligently\n<ol class=\"secondary\">\n<li>acting contrary to Section 30 (1), by not handling correctly a\u00a0re\u00adquest for\u00a0infor\u00admation or<\/li>\n<li>acting contrary to Paragraph 30 (2) sentence 1, by not informing a\u00a0customer, giving him wrong, incomplete information or informing him not on time.<\/li>\n<\/ol>\n<\/li>\n<li>The law offence can be punished with a fine of up to EUR 50 000.<\/li>\n<li>Within the meaning of Paragraph 2(1), no fines shall be imposed on departments and other public authorities.<\/li>\n<li>A notification under Article 33 of\u00a0Regulation (EU) 2016\/679 or a\u00a0noti\u00adfi\u00adcation under Article 34 (1) of\u00a0Regulation (EU) 2016\/679 may be used in proceedings under the Act on Administrative Offences against the person obliged to notify or the notifier or his\/her relatives desig\u00adnat\u00aded in Section 52 (1) of the Code of Criminal Procedure shall only be used with the consent of the notifier or the person obliged to notify.<\/li>\n<\/ol>\n<hr \/>\n<p>&nbsp;<\/p>\n<h2 class=\"impressum\">German Penal Code (StGB):<\/h2>\n<p><span class=\"text-info\"><br \/>\nSection 202a: Spying on data<\/span><\/p>\n<ol class=\"arabian\">\n<li>Anyone who provides himself or another person with access to\u00a0data which is not intended for him and which is particularly secure against unauthorised access, by overcoming the safe\u00adguards of access, shall be punished with a\u00a0custodial sentence of\u00a0up to three years or a\u00a0fine.<\/li>\n<li>Referred to in paragraph 1, data are only those which are stored or trans\u00admitted electronically, magnet\u00adical\u00adly or other\u00adwise imper\u00adcep\u00adtible.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 202b: Interception of data<\/span><\/p>\n<p>Any data which is not intended for him or another by use of technical means (Section 202a paragraph 2) from a non-pub\u00adlic trans\u00admission of data or from the electro\u00admagnetic radiation of a data processing plant shall be provided with a\u00a0custodial sentence of up to two years or a fine if the offence is not punish\u00adable by a more severe penalty according to\u00a0other rules.<\/p>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 202c: Preparing to spying and intercepting data<\/span><\/p>\n<ol class=\"arabian\">\n<li>Whoever prepares an offence in accordance with Section 202a or 202b by\n<ol class=\"secondary\">\n<li>passwords or other backup codes that allow access to data (Section 202a paragraph 2), or<\/li>\n<li>manufactures, provides, sells, distributes computer programs whose purpose is to commit such an act or makes them available to anyone else in any other way,<\/li>\n<\/ol>\n<p>is punishable by a custodial sen\u00adtence of up to two years or\u00a0a\u00a0fine.<\/li>\n<li>Section 149 (2) and (3) shall apply accordingly.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 202d: stealing the data<\/span><\/p>\n<ol class=\"arabian\">\n<li>Whoever obtains data (Section 202a paragraph 2) which are generally not accessible and which have been illegally obtained by another person, trans\u00adfers, distributes them or makes them accessible in another way, with the\u00a0intention of en\u00adrich\u00ading oneself or another person or harming another person, shall be punished with a\u00a0custodial sentence up to three years or a\u00a0fine.<\/li>\n<li>The penalty must not be more severe than the penalty for the previous offence.<\/li>\n<li>Paragraph 1 shall not apply to acts which are exclusively for the per\u00adfor\u00admance of legitimate duties or pro\u00adfes\u00adsional conduct. These include, in\u00a0particular:\n<ol class=\"secondary\">\n<li>such acts by public officials or their agents intended to use data ex\u00adclusively for exploitation in a\u00a0tax procedure, criminal pro\u00adceed\u00adings or administrative of\u00adfences, and<\/li>\n<li>such professional acts of the persons referred to in Section 53 para\u00adgraph 1 sentence 1 point 5 of the Code of Criminal Pro\u00adce\u00addure with which data are received, evaluated or published.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 203: Violation of private secrets<\/span><\/p>\n<ol class=\"arabian\">\n<li>Whoever, discloses a foreign secret without authorisation, in\u00a0particular a\u00a0secret belonging to the personal sphere of\u00a0life, or\u00a0a business or trade secret, which is known to him as a\n<ol class=\"secondary\">\n<li>doctor, dentist, veterinarian, phar\u00admacist or member of an\u00adoth\u00ader medi\u00adcal profession requiring state-regulated training in order to practise or to hold the profes\u00adsion,<\/li>\n<li>occupational psychologists with state-recognised scientific final exam\u00adina\u00adtion,<\/li>\n<li>Lawyer, Counsel, Patent Attorney, Notary, Defender in a legal pro\u00adce\u00addure, Auditor, Sworn Ac\u00adcoun\u00adtant, Tax Adviser, Tax Agent or Organ or Member of an institution of a\u00a0Law, Patent Attorney, Audit, Auditing or Tax Consulting Company,<\/li>\n<li>marriage, family, educational or youth counsellors and addic\u00adtion coun\u00adsel\u00adlors in a counselling cen\u00adter recognised by\u00a0an au\u00adtho\u00adrity or body, institution or foundation under public law,<\/li>\n<li>member or representative of a recognised counselling centre in\u00a0accor\u00addance with Sections 3 and 8 of the Pregnancy Conflict Act,<\/li>\n<li>state-recognised social worker or state-recognised social educator, or<\/li>\n<li>members of a company have been entrusted or otherwise made aware of private health, accident or life insurance or a\u00a0private medical, tax consultant or lawyer accounting agency shall be punished with a custodial sen\u00adtence up to one year or a fine.<\/li>\n<\/ol>\n<\/li>\n<li>Equally, anyone who unauthorised discloses a foreign secret, in parti\u00adcular a secret belonging to the per\u00adso\u00adnal sphere of life or a\u00a0business or trade secret, which is known to him as\n<ol class=\"secondary\">\n<li>an official,<\/li>\n<li>a person particularly obliged to the civil service,<\/li>\n<li>a person performing tasks or powers under the right of staff representation,<\/li>\n<li>a member of a committee of in\u00adquiry, other committee or coun\u00adcil active for a legislative body of the Confederation or a\u00a0country which is not itself a member of the leg\u00adisla\u00adtive body, or as an assistant to such a committee or council,<\/li>\n<li>publicly appointed expert who has been formally obliged to carry out his duties con\u00adscien\u00adtious\u00adly by law, or<\/li>\n<li>person who has been formally obliged to carry out his duty of con\u00adfiden\u00adtial\u00adity in the conduct of scientific research projects on the basis of\u00a0a law has been entrusted or otherwise made known. A sec\u00adret within the meaning of the first sentence is equivalent to details of the per\u00adson\u00adal or factual circum\u00adstances of another which have been record\u00aded for public admin\u00adistra\u00adtion tasks; However, the first sentence shall not apply in so far as such details are disclosed to other authorities or other bodies for public administration tasks and the law does not prohibit this.<\/li>\n<\/ol>\n<p style=\"text-indent: -28px; margin-bottom: 1.6em;\">(2a) (omitted)<\/p>\n<\/li>\n<li>No disclose within the meaning of\u00a0that provision exists where the per\u00adsons referred to in paragraphs 1 and 2 make secrets available to their assistants or to persons working with them in prepara\u00adtion for the profes\u00adsion. The persons mentioned in paragraphs 1 and 2 may disclose foreign secrets to other persons who parti\u00adci\u00adpate in their professional or official activities, to the extent neces\u00adsary for the use of the activ\u00adi\u00adties of the other persons in\u00advolved. The same ap\u00adplies to other persons involved in case of their use of fur\u00adther persons who participate in the professional or offi\u00adcial activities of those mentioned in paragraphs 1 and 2.<\/li>\n<li>A custodial sentence of up to one year or a fine shall be punish\u00adable by any person who, without au\u00adtho\u00adri\u00adsation, dis\u00adcloses a for\u00adeign secret which has become known to him when practising or on occasion of his activity as\u00a0a\u00a0per\u00adson acting in para\u00adgraphs 1 and 2. data protection. It also penali\u00adses anyone who\n<ol class=\"secondary\">\n<li>has not ensured that any other person involved who un\u00adau\u00adtho\u00adrised discloses a secret which has become known to\u00a0him in the course of his or her activity shall not be subject to secrecy. This shall not apply to other persons involved who are them\u00adselves a person referred to in paragraphs 1 or 2,<\/li>\n<li>has served another person who is unauthorised to disclose a secret to\u00a0a stranger who has be\u00adcome aware of his or\u00a0her activ\u00adity and has not ensured that he or she is respon\u00adsible for the con\u00adfiden\u00adtiality was re\u00adquired; this shall not apply to any other per\u00adson mentioned in para\u00adgraphs 1 or 2, or<\/li>\n<li>discloses without authorisation a\u00a0foreign secret after the death of a person obliged by Sentence 1 or Paragraph 1 or 2, which has become known to him from the dead person or by allowance of the latest one.<\/li>\n<\/ol>\n<\/li>\n<li>Paragraphs 1 to 4 shall also apply if the perpetrator reveals the\u00a0foreign secret without authorisation after the death of the person concerned.<\/li>\n<li>If the offender acts for re\u00admuner\u00ada\u00adtion or with the intention of en\u00adrich\u00ading himself or another person or harming another person, the\u00a0penal\u00adty shall be a custodial sentence of up to two years or\u00a0a\u00a0fine.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><span class=\"text-info\">Section 203 (1) No. 4a<\/span><\/p>\n<p>The recognised counselling centres in accordance with Section 218b (2) No.\u00a01 StGB are equivalent to the recog\u00adnised counselling centres in accor\u00addance with Section 3 of the G on education, pre\u00adven\u00adtion, family plan\u00adning and coun\u00adsel\u00adling in\u00a0accordance with BVerfGE v. 4.8.1992 I 1585 &#8211; 2 BvO 16\/92 and others.[\/vc_column_text][vc_empty_space height=&#8220;64px&#8220;][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>[vc_row el_class=&#8220;seo-invisible&#8220;][vc_column][vc_column_text]Note: Please read these Terms and Conditions attentively. Customer orders can only be processed if the customer \/ client has agreed to this. Contents: Terms and Conditions; Appendix 1: Information sheet on the commitment declaration in accordance with Article 5 GDPR \u2013 hand it out![\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text] Contents &nbsp; Terms and Conditions Appendix 1: Information sheet &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-3937","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/pages\/3937\/"}],"collection":[{"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/pages\/"}],"about":[{"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/types\/page\/"}],"author":[{"embeddable":true,"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/users\/1\/"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/comments\/?post=3937"}],"version-history":[{"count":1,"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/pages\/3937\/revisions\/"}],"predecessor-version":[{"id":6683,"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/pages\/3937\/revisions\/6683\/"}],"wp:attachment":[{"href":"https:\/\/www.fairflexx.de\/en\/wp-json\/wp\/v2\/media\/?parent=3937"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}