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Terms - EN

Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the michaelbaumgardt.com website (“Website” or “Service”) and any of its related products and services. This Agreement is legally binding between you (“costumer”, “participants”, “you” or “your”) and this Website operator (“Michael Baumgardt”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “client”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

§1 Scope of Application

  1. The General Terms and Conditions apply to all services provided by Michael Baumgardt.

  2. Supplementary or deviating terms and conditions of the Contractual Partner shall apply only after written confirmation by Michael Baumgardt.

  3. Written form is required for all terms and conditions between Michael Baumgardt and the Contract Partner, individual contract contents shall take precedence over the GTCs.

§2 Conclusion of contract

  1. The contract and thus the registration for a seminar shall be deemed concluded as soon as you receive an order confirmation from us.

  2. If Michael Baumgardt has made an offer to the customer to participate in a seminar, the contract is valid from the time of acceptance by the contractual partner within the acceptance period.

  3. Since there is a limited number of participants for the seminars, registrations will be accepted in the order in which they are received.

  4. If there is only a minimum number of participants for the seminar, Michael Baumgardt is only obligated to conduct the seminar once the minimum number of participants has been reached.

  5. Michael Baumgardt will conduct the seminar specified in more detail in the contract as part of a service contract without any guarantee of success. The seminars will be conducted by Michael Baumgardt himself or by a third party commissioned by Michael Baumgardt. The contents specified in the contract and/or offer define the basic subject matter of the seminar; however, Michael Baumgardt is free to define the concrete contents and is obligated to perform within the framework of the legal provisions of the service contract (§§ 611 et seq. BGB).

§3 Terms of Payment

  1. Unless otherwise agreed, the remuneration stipulated in the contract for the performance of the seminar shall be paid within 2 weeks after receipt of the invoice.

  2. The receipt of payment by Michael Baumgardt is decisive for the time and thus the timeliness of payment.

  3. The attendance of certain parts of the seminars does not entitle you to a reduction of the seminar fees.

§4 Cancellation and Revocation

  1. The registration can be cancelled free of charge up to 10 working days before the start of the seminar (the day of the start of the seminar is not included), up to 5 working days before the start of the seminar you will receive half of the seminar fee back, in case of cancellation 4 working days or more before the start of the seminar 25 percent of the seminar fee will be refunded.

  2. Of course, this does not apply if a substitute participant is named at least 2 days before the start of the seminar.

  3. Michael Baumgardt may cancel the contract up to the start of the seminar if the seminar is not held due to an insufficient number of participants or force majeure and circumstances for which Michael Baumgardt is not responsible. No claims for compensation on the part of the customer shall apply.

  4. Any cancellation must be made in writing.

§5 Copyrights and Trademarks

  1. We reserve all rights, including those of translation, reprinting and reproduction of the seminar documents or parts thereof, unless this has been agreed in writing.

  2. In the seminars of Michael Baumgardt, goods, such as software, are used that are protected by copyrights and trademark rights. These may neither be copied nor removed from the seminar room or stored, unless this has been agreed in writing.

§6 Data protection

  1. The customer and the participant sent by the customer agree that pesonal data will be stored, changed and deleted within the framework of the legal regulations.

  2. The Customer agrees that Michael Baumgardt may use the Customer's name and company logo on lists for its own advertising purposes and may reproduce these publicly. The Customer may revoke this consent in writing at any time.

§7 Compensation

  1. Michael Baumgardt assumes liability in accordance with the statutory provisions in the event of claims for damages based on intent or gross negligence on the part of the representatives of Michael Baumgardt.

  2. In the case of simply negligent violations of cardinal obligations (the obligations that enable the contract to be performed), Michael Baumgardt assumes liability in accordance with statutory provisions.

  3. Michael Baumgardt assumes no liability for simply negligent violations of non-essential contractual obligations.

  4. Compensation will only be paid for foreseeable damages, in particular the purchase price. Consequential damages, such as lost profits, anticipated savings, and damages from claims and demands of third parties (e.g., software manufacturers) will not be assumed.

  5. Claims for damages have a statute of limitations of 1 year, unless it is a legal injury, especially in case of injury to life, body or health.

  6. If the event is defective and Michael Baumgardt is responsible for this, Michael Baumgardt shall have the option of repeating the event within a reasonable period of time at no additional cost to the customer or offering the customer a reasonable reduction in the event prices.

§8 Final provisions

  1. The business relationship between the Contractual Partner and Michael Baumgardt shall be governed exclusively by German and European law, even if the Contractual Partner has his place of residence or registered office outside the borders.

  2. Although the Website and Services may contain links to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any authorization, affiliation, sponsorship, endorsement, or affiliation with any linked resources, except as expressly stated herein. We assume no responsibility or liability for the actions, products, services, and content of other third parties. Your linking to other external resources is at your own risk.

  3. Changes and additions are only effective in written form. The written form requirement can only be waived in writing. In particular, e-mail and other digital means shall suffice as written form.

  4. The Customer may assign the claims arising from this contract to third parties only by written confirmation from Michael Baumgardt, insofar as this is not described in the scope of §354 a of the German Commercial Code.

  5. In the event of differences between this contract and a translation of this contract, the German version of the contract shall prevail.

§9 Severability clause

  1. Should one or more of these terms and conditions be or become wholly or partially invalid, incomplete or in need of supplementation, this shall not affect the validity of the remaining clauses.

  2. In this case, the parties undertake to agree on a provision that comes as close as possible to what was economically intended. Any loopholes shall be dealt with in the same way.

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Data Policy - EN

Data Policy

Thank you for visiting my website. We take the protection of your data seriously and hope that you feel comfortable considering our data processing. All our specifications comply with the German Data Protection Act and the GDPR. We hereby inform you about the nature, scope and purpose of the processing and collection of personal data (here in after referred to as “data”). Personal data is all data about your person, which includes, for example, your name, address, e-mail address or your user behaviour. This data protection declaration applies to all operations in which data is processed, both within the scope of our sales activities and for the online media provided to us.

Processing and use of personal data

As a rule, we only use the data transmitted by you to fulfil (pre-) contractual services, including consulting, software and design development and consulting and maintenance services in this area, project planning, IT and server administration as well as other business and performance-related processes in accordance with the GDPRand the Federal Data Protection Act. Insofar as we use third-party providers to provide our services, the data protection notices of the respective third-party providers apply.

Your rights under the GDPR

According to the GDPR, you are entitled to the following rights, which you can assert at any time with the controller named in Section 1 of this data protection declaration:

  • You have the right to request information from us about which data we process from you.

  • You have the right to request the rectification or completion of data.

  • You have the right to request the erasure of your data.

  • In certain cases, you have the right to request that we process your data only to a limited extent.

  • You have the right to request that we transmit your data to you or another controller in a commonly used and machine-readable format.

  • You have the right to complain to the competent supervisory authority.

  • You have the right to revoke your consent to data processing at anytime.

  • You have the right to object at anytime to the processing of your data, which is based on our legitimate interest pursuant to Art. 6 para. 1 bed. f GDPR to lodge an objection. We will then no longer process your personal data unless we can demonstrate to you that compelling legitimate reasons for data processing outweigh your interests and rights.

  • Regardless of the above, you have the right at any time to object to the processing of your personal data for advertising and data analysis purposes.

Please send your objection to the contact address of the person responsible above.

When do we delete your data?

We will delete your data if we no longer need it or if you tell us to do so. This means that – unless otherwise stated in the individual data protection notices of this data protection declaration – we will delete your data if the purpose of the data processing has ceased to exist and the respective legal basis mentioned in the individual data protection no longer exists, if you exercise your right of revocation and no other legal basis for processing within the meaning of Art. 6para. 1bed. b-f DSGVO intervenes if you exercise your right to object and if there are no compelling reasons worthy of protection against deletion.

However, insofar as we (certain parts) need to retain your data for other purposes, such as tax retention periods (usually 6 years for business correspondence or 10 years for booking receipts) or the establishment, exercise or defence of legal claims arising from contractual relationships (up to 4 years) or the data is necessary to protect the privacy of the user. If the rights of another natural or legal person are used, we will delete (the part) your data only after the expiry of these periods. Until the expiry of these periods, however, we limit the processing of this data to these purposes (fulfilment of retention obligations).

Cookies

When you visit our website, we may store information on your computer in the form of cookies. Cookies are small files that are transmitted from an internet server to your browser and stored on its hard disk. Only the Internet Protocol address is stored here – no personal data. This information, which is stored in the cookies, allows you to be automatically recognised the next time you visit our website, which makes it easier for you to use it. For example, cookies allow us to optimize the website for your needs or to store your password so that you do not have to enter it every time.

Of course, you can also visit our website without accepting cookies. If you do not want your computer to be recognised the next time you visit, you can also refuse the use of cookies by changing the settings in your browser to “Reject cookies. ” You can find the respective procedure in the user manual of your respective browser. However, if you refuse the use of cookies, there may be restrictions on the use of some areas of our website.

Webhosting

We use a provider on whose server our Internet pages are stored and made available for retrieval on the Internet(hosting) to maintain our Internet pages. Hereby, the provider may process all data transmitted via the browser you use, which is generated when you use our Internet pages. This includes, in particular, your IP-address, which the provider needs in order to be able to deliver our online offer to the browser you are using, as well as all entries made by you via our website.

Use of Google Analytics

This website uses Google Analytics, an open-source software for statistical analysis of visitor access. Google Analytics uses so-called“cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is stored on the provider’s server in Germany. The IP-address is anonymized immediately after processing and before it is stored. You may refuse theuse of cookies by selecting the appropriate settings on your browser; however, please note that if you do so, you may not be able to use all features of this website to their full extent.

Registration, Login and User Account

You have the opportunity to register on our online media to create a user account. For this purpose, it is necessary to provide personal data resulting from the input mask. The data requested there include in particular your name, your e-mail address, if applicable, a username and password. This data is stored and processed by us in order to set up a user account for you and to enable (repeated) registration. The data maybe changed or deleted at any time by you. The data will not be passed on to third parties unless this serves the technical and organisational processing of the existing user agreement between us. To protect you and us from abusive registrations, we store the IP address assigned to you at the time of registration, as well as the date and time of registration.

Online Advertising

We use services to play Internet advertising. Certain user data is collected via the services we use by means of a cookie or pixel. This includes, in particular, the information from which website you came to our website (so-called referrers), which pages of our website you accessed, how long you visited our pages and which interactions you made there.

Newsletter

We regularly send out a newsletter to inform our customers and business partners and interested parties about our offers and related news. You have the opportunity to subscribe to our newsletter on our website and to consent to receive the newsletter when registering. When you subscribe to our newsletter, you must provide your e-mail address. We store the e-mail address in order to be able to send you the newsletter. The provision of further data such as title or name is voluntary and is used to address you personally. As soon as you register for our newsletter, you will receive a confirmation e-mail to the e-mail address provided during the registration in the so-called double opt-in procedure. This e-mail contains a link. By clicking on this link, you confirm that you wish to receive the newsletter.

If you have consented to this, we evaluate your user behaviour when sending the newsletter. For this purpose, tracking pixels and tracking links are included in our newsletter. This enables us to recognise whether and when you have opened the newsletter and whether and which links you have clicked on in the newsletter.

Advertising by e-mail, post or phone

We process personal data for our advertising communication by e-mail, post or telephone. You may object to receiving our advertising measures at any time or revoke your prior consent to receiving our advertising communications at anytime. In order to be able to prove that your consent was given even after your objection or revocation in case of doubt, we may store your data for up to 4 years after your objection or revocation. We will no longer use your data for other purposes after your objection/revocation. If you want us to delete your data beforehand, we will do so after you have confirmed that you originally gave us your consent. 

Safety

We have put in place technical and administrative security measures to protect your personal data against loss, destruction, manipulation and unauthorized access. All our employees and service providers working for us are obliged to comply with the applicable data protection laws.
Whenever we collect and process personal data, it is encrypted before it is transmitted. This means that your data cannot be misused by third parties. Our security measures are subject to a continuous process of improvement and our privacy statements are constantly revised. Please make sure you have the latest version.

Timeliness and modification of this privacy policy

This privacy policy is currently valid and has the status of December 2021. Due to changed legal or administrative requirements, it may be necessary to adapt this data protection declaration.

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Imprint - EN

Imprint

Information according to § 5 TMG

Adress

Michael Baumgardt
Biberkopfstraße 9
86163 Augsburg

Contact

Telephone: ​​0821 - 29 717 617

VAT ID:

VAT identification number according to §27a VAT law: DE254 369 660


Liability for content

The content of our pages has been created with the utmost care. However, we cannot assume any liability forthe correctness, completeness andtopicality of the contents. As a service provider we are in accordance with §7 Abs. 1 TMG is responsible for its own content on these pages in accordance with the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this regard is only possible from the time of knowledge of a specific violation of the law. If we become aware of such legal violations, we will remove such content immediately.

Liability for links

Our website contains links to external websites of third parties, over whose content we have no influence. Therefore, we cannot assume any liability forthese third-party contents. Responsibility for the content of the linked pages lies with the respective provider or operator of the pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete indications of a violation of the law. Upon becoming aware of any legal violations, we will remove such links immediately.

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site has not been created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon becoming aware of legal violations, we will remove such content immediately.

Data protection

The use of our website is generally possible without providing personal data. As far as personal data (e.g. name, address or e-mail addresses) are collected on our pages, this is always done, as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent.
We would like to point out that data transmission over the Internet (e. g. communication by e-mail) may have security gaps. Complete protection of data against access by third parties is not possible.
The use of contact data published as part of the imprint obligation by third parties to send unsolicited advertising and information materials is here by expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam emails.

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We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.