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Privacy Policy & Terms & Conditions

 

data protection

We take the privacy of our website users very seriously and are committed to protecting the information that users provide to us in connection with their use of our website. We are also committed to protecting and using your data in accordance with applicable law.

This Privacy Policy explains our practices regarding the collection, use, and disclosure of your information through your use of our digital assets (the “Services”) when you access the Services through your devices.

Please read this Privacy Policy carefully and make sure you fully understand our practices with respect to your information before using our Services. If you have read this Policy, fully understood it, and do not agree with our practices, you must stop using our digital assets and services. By using our Services, you acknowledge the terms of this Privacy Policy. Your continued use of the Services constitutes your acceptance of this Privacy Policy and any changes to it.

In this privacy policy you will learn:

How we collect data

What data we collect

Why we collect this data

Who we share the data with

Where the data is stored

How long the data is retained

How we protect data

How we deal with minors

Updates or changes to the Privacy Policy

What data can we collect?

 

De-identified and non-identifiable information you provide during the registration process or that is collected through your use of our services ("Non-Personal Information"). Non-Personal Information does not identify who collected it. Non-Personal Information that we collect consists primarily of technical and aggregated usage information.

Individually identifiable information, which means anything that can be used to identify you or could reasonably be used to identify you ("Personal Information"). The Personal Information we collect through our Services may include information requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses, and more. When we combine Personal Information with Non-Personal Information, we will treat it as Personal Information as long as it remains in combination.

We collect data when you use our Services. So, when you visit our digital assets and use Services, we may collect, record and store usage, sessions and related information.

We collect data that you provide to us yourself, for example when you contact us directly through a communication channel (e.g. an email with a comment or feedback).

We may collect information from third party sources as described below.

We collect information you provide to us when you sign in to our Services through a third-party service such as Facebook or Google.

Methods for collecting data

 

We collect data when you use our Services. So, when you visit our digital assets and use Services, we may collect, record and store usage, sessions and related information.

We collect data that you provide to us yourself, for example when you contact us directly through a communication channel (e.g. an email with a comment or feedback).

We may collect information from third party sources as described below.

We collect information you provide to us when you sign in to our Services through a third-party service such as Facebook or Google.

Use of data for the following purposes

to provide and operate our services;

to develop, customize and improve our services;

to respond to your feedback, requests and inquiries and to provide assistance;

to analyze requirements and usage patterns;

for other internal, statistical and research purposes;

to improve our data security and fraud prevention capabilities;

to investigate violations and enforce our terms and policies and to comply with applicable laws, regulations or government requests;

to send you updates, news, promotional materials and other information related to our services. For promotional emails, you can choose whether you want to continue receiving them. If not, simply click on the unsubscribe link in those emails.

Cookies and similar technologies

When you visit or access our Services, we authorize third parties to use web beacons, cookies, pixel tags, scripts, and other technologies and analytics services ("Tracking Technologies"). These Tracking Technologies may enable third parties to automatically collect your information to improve the browsing experience on our digital assets, optimize their performance, provide a customized user experience, and for security and fraud prevention purposes.

To find out more, please read the All About Cookies website.

If you want to deactivate cookies in general, please refer to these websites, which describe how to do this in the respective browser.

Cookie settings in Firefox

Cookie settings in Internet Explorer

Cookie settings in Google Chrome

Cookie settings in Safari (OS X )

Cookie settings in Safari (iOS)

Cookie settings in Android

You can also visit the following website to prevent Google Analytics from tracking you on all websites (opt-out): http://tools.google.com/dlpage/gaoptout.

 

We will not share your email address or other personal information with advertisers or advertising networks without your consent.

Non-personal data

 

Non-personal data

Please note that our companies, as well as our trusted partners and service providers, are located around the world. For the purposes explained in this Privacy Policy, we store and process any non-personal information we collect in different jurisdictions.

Personal data

Personal data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and as necessary for the proper provision of our Services and/or as required by law (as further explained below) in other jurisdictions.

Personal data

Personal data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and as necessary for the proper provision of our Services and/or as required by law (as further explained below) in other jurisdictions.

Duration of data retention

Please note that we retain the information we collect for as long as necessary to provide our services, comply with our legal and contractual obligations to you, resolve disputes, and enforce our agreements.

We may correct, supplement or delete inaccurate or incomplete data at any time at our own discretion.

The hosting service for our digital assets provides us with the online platform through which we can provide our services to you. Your data may be stored through our hosting provider's data storage, databases and general applications. They store your data on secure servers behind a firewall and they provide secure HTTPS access to most areas of their services.

All payment options offered by us and our hosting provider for our digital assets adhere to the PCI-DSS (Payment Card Industry Data Security Standard) regulations of the PCI Security Standards Council, a collaboration between brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card data (including physical, electronic and procedural measures) by our store and service providers.

Notwithstanding the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee absolute protection and security of any information you upload, post or otherwise transmit to us or others.

For this reason, we ask that you use strong passwords and, where possible, not send us or others any confidential information that you believe could cause you significant or lasting harm if disclosed. In addition, because email and instant messaging are not considered secure forms of communication, we ask that you do not send any confidential information through any of these communication channels.

Child protection

Children can use our services, but if they want access to certain features, they may be required to provide certain information. Collection of some information (including information collected through cookies, web beacons, and other similar technologies) may occur automatically. If we knowingly collect, use, or disclose information collected from a child, we will provide notice and obtain parental consent in accordance with applicable law. We do not condition a child's participation in an online activity on the child providing more contact information than is reasonably necessary to participate in that activity. We will use the information we collect only in connection with the services the child has requested.

We may also use a parent's contact information to communicate about the child's activities on the Services. Parents may review information we have collected from their child, prohibit us from collecting any further information from your child, and request that any information we have collected be deleted from our records.

Please contact us to view, update or delete your child's information. To protect your child, we may ask you to provide proof of your identity. We may deny you access to the information if we believe your identity is in question. Please note that certain information cannot be deleted due to other legal obligations.

We will only use your personal data for the purposes set out in the Privacy Policy and only if we are satisfied that:

the use of your personal data is necessary to perform or enter into a contract (for example, to provide you with the Services themselves or to provide you with customer or technical support);

the use of your personal data is necessary to comply with relevant legal or regulatory obligations, or

the use of your personal data is necessary to support our legitimate business interests (provided that at all times this will be done in a manner that is proportionate and respects your data protection rights).

the use of your personal data is necessary to perform or enter into a contract (for example, to provide you with the Services themselves or to provide you with customer or technical support);

the use of your personal data is necessary to comply with relevant legal or regulatory obligations, or

the use of your personal data is necessary to support our legitimate business interests (provided that at all times this will be done in a manner that is proportionate and respects your data protection rights).

As an EU resident you can:

request confirmation as to whether or not personal data concerning you are being processed and request access to your stored personal data as well as certain additional information;

request to receive personal data that you have provided to us in a structured, commonly used and machine-readable format;

request the correction of your personal data stored by us;

request the erasure of your personal data;

object to the processing of your personal data by us;

request the restriction of the processing of your personal data, or

lodge a complaint with a supervisory authority.

Please note, however, that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements. If you have any general questions about the personal information we collect and how we use it, please contact us as set out below.

In the course of providing the Services, we may transfer data across borders to affiliates or other third parties and from your country/jurisdiction to other countries/jurisdictions around the world. By using the Services, you consent to the transfer of your data outside the EEA.

If you are located in the EEA, your personal data will only be transferred to locations outside the EEA if we are satisfied that an adequate or equivalent level of protection of personal data exists. We will take appropriate steps to ensure that we have appropriate contractual arrangements in place with our third parties to ensure that appropriate safeguards are in place so that the risk of unlawful use, alteration, deletion, loss or theft of your personal data is minimised and that such third parties act at all times in accordance with applicable laws.

Rights under the California Consumer Protection Act

If you use the Services as a California resident, you may have the right to request access to and deletion of your information under the California Consumer Privacy Act (“CCPA”).

To exercise your right to access and delete your data, please read how to contact us below.

We do not sell users’ personal information for the purposes and intent of the CCPA.

Updates or changes to the Privacy Policy

We may revise this Privacy Policy from time to time at our sole discretion, and the version posted on the Site will always be the most current (see "Effective Date" notice). We encourage you to check this Privacy Policy periodically for changes. If any changes are material, we will post a notice on our Site. Your continued use of the Services after we have posted notice of changes on our Site will constitute your acknowledgement and consent to the changes to the Privacy Policy and your agreement to be bound by the terms of those changes.

If you have general questions about the Services or the information we collect about you and how we use it, click here: Contact

Terms and Conditions

(1) This website (the "Site") and/or the services, including any associated mobile applications (collectively, the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by WayAround (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set forth the terms and conditions under which visitors or users (collectively: "Users" or "you") may visit or use the Site and/or the Services and purchase Products.

2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you must not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel your purchase, and what to do if you have any problems.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.

Purchase of products

(1) The purchase of products is subject to the conditions in force at the time.

(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Buy Now" or similar button) may constitute a legally binding contract for the purchase of that Product, unless these Terms provide otherwise.

(3) You can select products from our product selection and put them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have already purchased. When paying, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. To complete the order process using the “Order with payment” button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.

(4) We will then send you an email confirming receipt of your order, which will list your order again and which you can then print or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement to purchase the products is only concluded when we send you a declaration of acceptance by email or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment transaction is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above using the "Order with payment" button.

(6) The purchase contract can be concluded in [German] language. After conclusion of the contract, the contractual terms and conditions will be stored by us and you will no longer have access to them.

Purchase of products

You may cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you or a third party other than the carrier designated by you acquires physical possession of the goods.

To exercise your right of withdrawal, you must

WayAround, In Göhren 14, 78532 Tuttlingen,

Telephone number: 015158722231,

Email address: WayAround.Official@gmail.com

of your decision to withdraw your consent (e.g. by letter sent by post or email). You may (but do not have to) use the attached withdrawal form for this purpose.

of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or email). You may (but do not have to) use the attached withdrawal form for this purpose.

Consequences of revocation

If you cancel this contract, we will reimburse you - without undue delay and in any event no later than 14 days from the day on which we are informed about your cancellation - all payments already received from you, including delivery costs (except for additional costs for a delivery type other than the least expensive standard delivery offered by us). We will make such reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier.

The return or handover of the goods takes place to

WayAround, In Göhren 14, 78532 Tuttlingen,

Telephone number: 015158722231,

Email address: WayAround.Official@gmail.com

without undue delay, but in any event no later than 14 days after receipt of notification of your cancellation. This deadline is met if you send the goods before the expiry of the 14-day period.

You will bear the direct cost of returning the goods.

You are only liable for any reduction in the value of the goods resulting from handling which is not necessary to establish the nature, characteristics and functioning of the goods.

Warranty for products

We are liable for defects in quality and/or defects of title in the products you purchase from us in accordance with the statutory warranty provisions.

Storage of online payment details

You can save a preferred payment method for future use. In this case, we will store those payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.

Vouchers, gift cards and other offers

Coupons, gift cards or discounts and other offers may be available from time to time for our products ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Member account

1) In order to access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.

(2) If someone other than you accesses your Member Account and/or settings, they can perform any action available to you, including making changes to your Member Account. We therefore strongly advise you to keep your Member Account login information safe. Such activities can be deemed to have been carried out for you and on your behalf, and you alone can be responsible for any activities that occur under your Member Account, whether or not expressly authorized by you, and for any damages, expenses, and losses that result from them. You will be liable for activities related to your Member Account in the manner described if you have negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login information.

(3) You may create and access your member account through a dedicated website or through a third-party platform such as Facebook (the “Social Network Account”). If you log in through a Third-Party Platform Account, you hereby grant us access to certain information about you stored in your Social Network Account.

4) We may permanently or temporarily suspend or terminate your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users, for example if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action, in which case we will inform you as soon as possible. In addition, we reserve the right to terminate your Member Account with two months' notice by email, for example if we discontinue our Member Account program. You may stop using it and request deletion of your Member Account at any time by contacting us.

Permitted use

(1) Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or alter any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post or download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar

Contain any computer code designed to affect the operation of any computer software or hardware; (vii) use robots, spiders, other automatic devices, or manual processes to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services, or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that allegedly or actually violates these Terms.

Intellectual property rights

(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to our Intellectual Property Rights. Except as expressly set forth herein or required by mandatory law for use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, you are granted the rights as set out with respect to such content on the Site.

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.

exemption

You agree to defend, indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.

Limitation of liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. An "essential contractual obligation" means an obligation whose fulfillment is a basic requirement for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior managers or other legal representatives, employees and vicarious agents.

Changes to the Terms and Services; Termination

We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms regularly, and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will do so taking your legitimate interests into account as appropriate. We will give you reasonable advance notice of such changes. You will be deemed to have accepted the changes if you do not object to the changes within two months of such notice. We will indicate this in our notice. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the effective date of the changes.

We may change the Services, stop providing the Services or one or more functions of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving reasons and without further obligations. We will notify you of this in advance, if possible under the circumstances, and we will take your legitimate interests into account appropriately in such measures.

Links to third-party websites

The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not mean that we endorse their owners or their content.

Applicable law

(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

VARIOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Terms and Conditions are for convenience only and have no legal significance.

(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be struck out and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these Terms or all or any of your rights or obligations under them without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.

(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnification, release, exclusions, limitations of liability and this Miscellaneous Section.

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