Privacy Statement of

Privacy Statement of GmbH TERMINALfor Personal Data being Collected,Processed and Used
(„Privacy Statement“)


1. Area of Validity

  1. GmbH (hereinafter “PROVIDER”), Erlanger Strasse 9 -13, 91083 Baiersdorf, Germany, operates an platform running on different terminals. On this platform the PROVIDER offers services which help consumers and entrepreneurs to gather information about the goods and services offered by various manufacturers, retailers and distributors and to conclude purchase and supply agreements. The exact scope of the services offered by the PROVIDER via TERMINAL is governed by the “General Terms and Conditions of GmbH for Using TERMINAL” (hereinafter “Terms of Use”),
  2. This Privacy Statement applies to anyone is willing to purchase products on the terminals which are set up in the points of sales. This terminals are provided and operated by GmbH (hereinafter “TERMINAL”).

2. USER’s Consent, Voluntary Nature of Consent, Possibility for USER to revoke Consent

  1. 1. By agreeing to this Privacy Statement, the USER grants the PROVIDER his CONSENT for the PROVIDER to collect, process and use the personal data of the USER in accordance with the terms of this Privacy Statement and for the purposes described therein (“Consent”). The USER hereby in particular agrees to the PROVIDER collecting, saving and using his personal data in accordance with this Privacy Statement and transferring such data to THIRD PARTIES pursuant to section 4. (“THIRD PARTIES” hereinafter are Brightstar NZ Limited, Two Degrees Mobile Limited and New Zealand Post Limited (20.09.2017)). The USER hereby grants the PROVIDER permission to use the USER’s personal data for the purpose of carrying out quality control or improving TERMINAL and the services offered by the PROVIDER hereby.
  2. Personal data within the meaning of the above section is all information concerning the personal or material circumstances of an identified or identifiable natural person (see §3 Federal Data Protection Act – BDSG). This applies, for example, to the name, address, email address of the USER.
  3. There is no legal obligation to give consent as stipulated above. Consent is granted on a voluntary basis.
  4. The USER’s consent can be revoked at any time with effect for the future. There is no obligatory form for a revocation of this nature.

3. Responsible Body / Service Provider, Availability of PROVIDER

  1. GmbH, Erlanger Strasse 9-13, 91083 Baiersdorf, Germany, entered in the Commercial Register of Fürth District Court under HRB 10525, legally represented by its CEO, is the “responsible body” or “service provider” within the meaning of the applicable legal data protection regulations. GmbH collects, processes and uses the personal data of the USER in accordance with the applicable legal provisions, in particular data protection provisions, for the purposes of providing the services in accordance with the Terms of Use and the provisions stipulated in this Privacy Statement.
  2. If the USER has any queries, in particular regarding data privacy issues, GmbH can be contacted by telephone at +49 (9133) 47995-0 or by email at

4. Collection, Processing and Using of Data by the PROVIDER, Forwarding USER’s Personal Data to THIRD PARTIES

  1. The USER surrenders his anonymity vis-à-vis the PROVIDER as soon as he passes on to the PROVIDER the personal data required for setting up a user account for TERMINAL. From this point on, the USER grants his consent for this data being transferred and saved on the PROVIDER’s servers.
  2. The PROVIDER is entitled to collect and save personal data belonging to the USER which the USER enters in his user account in TERMINAL and which is intended to be used for acquiring and purchasing goods and services from THIRD PARTIES via TERMINAL or for initiating contracts of this nature.

5. Forwarding by the PROVIDER of Personal Data relating to the USER

  1. The PROVIDER is entitled to forward the personal data entered by the USER in his user account to those persons (hereinafter “Sellers”) with whom the USER concludes or initiates a contract via TERMINAL. In addition, the PROVIDER is entitled to forward such data to vicarious agents of the Seller or other THIRD PARTIES used by the Seller within the context of implementing a contract concluded via TERMINAL. Data shall only be forwarded in this way, however, to the extent the PROVIDER deems necessary for implementing the relevant transaction.
  2. The PROVIDER shall provide the USER’s personal data to companies affiliated with the PROVIDER within the meaning of §§15 ff. German Stock Corporation Act as well as to other trustworthy companies and persons which process this data on behalf of the PROVIDER. If this is the case, the PROVIDER shall ensure that the respective company or the respective person complies with the applicable legal requirements concerning data protection.
  3. Personal data belonging to the USER shall also be forwarded to THIRD PARTIES to the extent necessary for exposing illegal actions on the part of the USER or instances of the USER failing to comply with the Terms of Use.
  4. The PROVIDER shall provide personal data relating to the USER to courts and authorities, in particular law enforcement authorities, and THIRD PARTIES in the event that information is requested in connection with an official or court investigation or in the event of a suspected punishable offence or any other action entailing liability risks for the PROVIDER or another user of TERMINAL.
  5. In the event that data is forwarded to THIRD PARTIES, the party receiving the data shall comply with all applicable statutory provisions and the terms stipulated in this Privacy Statement and shall take appropriate measures to ensure the confidentiality and security of the forwarded data whilst processing or using such data.

6. Option for USER to forward own personal data to THIRD PARTIES via TERMINAL, USER’s obligations in this regard and regarding personal data of THIRD PARTIES

  1. The PROVIDER offers USERS the option of sending personal data to THIRD PARTIES, in particular Sellers, via TERMINAL. The main reason for offering this option is to make it possible for the USER to purchase and acquire goods and services via TERMINAL or to make it possible to initiate and make a purchase in this manner. The USER hereby undertakes to protect the Seller’s data appropriately and in accordance with the relevant legal provisions.
  2. Unless persons with whom the USER concludes or initiates contracts via TERMINAL expressly agree otherwise, the USER may only use personal data relating to these people for those legal acts or transactions which he wishes to initiate, has initiated or has concluded with such persons via TERMINAL. The USER shall in all instances comply with all applicable laws when using data in this fashion, in particular those laws governing data protection.

7. Advertising

  1. The PROVIDER shall not forward and in particular shall not sell or rent the USER’s personal data to THIRD PARTIES for advertising or marketing purposes or for address trading purposes without first obtaining the explicit permission of the USER.
  2. The USER can object at any time to the compilation of data as defined above. There is no obligatory form for filing an objection of this nature.

8. Blocking and Deleting Data

  1. At the USER’s request, the PROVIDER shall delete the personal and other data relating to the USER. In this instance, the USER’s personal data shall no longer be available for viewing, in so far as is legally permissible.

9. Data Protection and Data Security

  1. The techniques used by the PROVIDER for collecting, processing and using the USER’s data are in accordance with latest state of technology and are constantly reviewed and adjusted to keep up with the latest technological progress as far as this is possible for the PROVIDER. The same shall apply to the security measures taken by the PROVIDER to prevent unauthorised parties accessing the servers and computers used for TERMINAL.
  2. The PROVIDER shall restrict access to the USER’s personal data to those employees and agents of the PROVIDER for whom it is absolutely necessary to access such data for the purposes of processing data pursuant to this Privacy Statement. These employees and agents shall be fully aware of the contents of this Privacy Statement and shall be subject to strict confidentiality agreements. In the event of a breach they may be dismissed or subjected to disciplinary measures by the PROVIDER.
  3. In accordance with the principles of data economy, the PROVIDER shall only collect and use personal data to the extent that this is absolutely necessary for a USER to use TERMINAL, it is required by law or the USER has explicitly granted his consent.