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General terms and conditions
of Happy House GmbH
together with data protection declaration
preamble
The Internet platform https://www.happy-houses.com is operated by Happy House GmbH based in Eschenheimer Anlage 1, 60316 Frankfurt am Main (hereinafter “Happy House” or “we”). With this website we want to inform companies and other visitors (hereinafter “users”) of our website about our services.
Happy House is an interactive online portal for brokering (buying or renting) so-called tiny houses. Use is initially made available free of charge. A transaction fee is only due when a contract (purchase or rental) is concluded between users. The subject of the contract is the publication, not the mediation of purchase/sale or rental/rental opportunities.
Happy House enables access and use of the portal on the basis of these General Terms and Conditions (GTC). These terms and conditions regulate the relationship between Happy House as the operator of the portal and the registering users. We ourselves are neither contractual partners nor mediators of contracts. These are exclusively concluded between the users of this portal. Any claims from and in connection with the use of this portal concluded contracts exist exclusively between the users.
§ 1Conclusion of the user contract
1.1 Users have the option of registering on the website free of charge (= creating a user account) in order to be able to access the full range of services. A prerequisite for registering and maintaining the user relationship is truthful and complete information about the user. This applies in particular to his active e-mail address.
1.2 When registering, the user can freely choose his password.
1.3 The contract of use between Happy House and the user is only concluded after the user has sent the registration form (contract offer) and we have then confirmed the registration (acceptance of the offer) by e-mail.
§ 2 Description of Services
2.1 We provide users worldwide with an independent portal that enables its users to search for purchase/sale opportunities, rental/rental opportunities and other services provided by other users and to conclude corresponding contracts with one another.
2.2 Use is only possible after registration.
2.3 Conclusion of contract
The publication of a service offer via Happy House by the user (provider) offering the service does not constitute a legally binding offer to conclude a contract, but rather an invitation to the interested user (prospective customer) to submit a corresponding offer to conclude a contract, which is still the Acceptance by the provider is required. Only the offer of the interested party represents a legally binding offer. As soon as the provider confirms the offer of the interested party, the contract between the two users is concluded. If the provider does not confirm the offer or rejects the offer, this is considered a rejection of the offer. The interested party cannot assert any claims against the provider.
The contracts concluded via Happy House exist exclusively between the respective users (suppliers and interested parties). We are not party to these contracts.
2.4 Payment
The payment of the fee agreed between the users does not take place via Happy House. Rather, the users themselves are exclusively responsible for the payment process and the settlement of the invoice amounts.
2.5 Rental Bookings, Cancellations and Deadlines
booking confirmation
Users (interested parties) can reserve an offer (booking request) via the booking system. In this case, a booking (transaction) is made when the provider confirms the booking request of the interested party (booking confirmation).
Consequence when time elapses
If the provider does not accept the booking request from the interested party, no booking will be made.
Withdrawal and rejection:
If the provider has not yet confirmed the prospect’s booking request, the prospect can withdraw it at any time (withdrawal). If the provider rejects a booking request (rejection), no booking is made.
2.6 Conflicts
Users are obliged to participate as best as possible in the clarification of conflicts affecting them. The conflict talks are conducted by the affected users themselves.
Happy House offers the possibility of logging individual transactions, insofar as this is permitted by data protection law. This can be used to arbitrate between users if there are any discrepancies between users. If, for example, the offer/order acceptance of a user cannot be presented ideally due to restrictions that the portal does not offer and this leads to misunderstandings, problems and possibly even loss or damage, the users themselves are solely responsible for this. Offers/order acceptances must therefore be fully checked by the users themselves to ensure that they are correct.
§ 3 Transaction Fee
When a contract is concluded, Happy House charges a transaction fee. The transaction fee is up to [?] 10% of the order amount for providers of tiny houses and other trades, up to [?] 12% of the overnight price for landlords and up to [?] 1% of the financing amount for financial service providers.
§ 4 User Obligations
4.1 User Data
Every user is obliged to provide truthful user data. This also includes the obligation to always keep this data up to date and to inform Happy House immediately of any changes. This applies both to the personal data of the user as well as to the data of his respective offers and in particular also the bank and contact details required for the use of the portal, the mobile phone number, the e-mail address, etc.
The users registered on the Happy House platform and their user data can be viewed by other users. Offers, prices and conditions posted on the portal can only be viewed by the respective contractual partner.
The user is aware of this; he consents to the publication of his data. In the event of internet misuse (data theft, data scraping, etc.), Happy House assumes no liability in accordance with Section 11.
4.2 Code of Conduct
Every user undertakes to observe the applicable law without restriction when using Happy House.
It is expressly forbidden to register third parties on the platform without their knowledge and consent or to publish content on Happy House in their name.
§ 5 Rights to Content
5.1 By posting the information as part of offers, the user grants Happy House a revocable and transferable right to use the information that is limited to use in connection with the platform.
5.2 With regard to the content and materials used, each user must ensure that these are free of third-party rights and do not infringe any third-party rights. Every user releases Happy House from third-party claims that are raised against Happy House because of the content and materials posted by him or because of his user behavior, including the reasonable costs of legal defense caused by this.
§ 6 Guarantee of availability and monitoring of the content
6.1 Scope of Warranty
Happy House assumes no liability for the constant and proper operation or the uninterrupted usability or accessibility of the platform, since disruptions to the server or fluctuations in the quality of access to Happy House cannot be ruled out technically.
Should the system fail, all open negotiations will be suspended. Happy House is only liable for any problems arising in this context regarding open negotiations in accordance with § 11.
6.2 Monitoring Obligations
As a service provider within the meaning of the Telemedia Act, Happy House is not obliged to monitor the transmitted or stored information of its users or to investigate circumstances that indicate illegal activities. However, should Happy House gain positive knowledge of such facts, Happy House will check the facts and remove or block the illegal content immediately or reserve the right to block the user profile.
§ 7 Measures in the event of user violations
Instead of giving notice, Happy House reserves the right to exclude the user from one or more services of the offer, also with immediate effect, and/or to temporarily or permanently deactivate a user account.
Happy House is entitled to take special measures with regard to individual offers or other publications, insofar as we consider these to be necessary and appropriate. This includes in particular the deletion of offers and messages or ratings.
§ 8 Newsletter
Happy House is entitled to inform registered users about new products and offers both by e-mail and by post. This includes information regarding the portal as well as general information and offers from the company or from partners.
If the user is no longer interested in receiving the newsletter, he can unsubscribe at any time.
§ 9 Right of withdrawal
Happy House users who are consumers within the meaning of § 13 BGB can revoke their registration within 14 days without giving reasons. The revocation can be made in text form (e.g. letter or e-mail). The cancellation period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfillment of the information obligations according to Article 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB as well as the obligations according to § 312g Para. 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB by Happy House. The timely dispatch of the revocation is sufficient to meet the deadline. The revocation must be sent to the following address: delete@ happy-houses.com
In the event of an effective revocation, the contract of use will be terminated. The user will be blocked/deleted in the course of this. The data exchanged with other users up to this point is retained so that they can continue to reconstruct the relevant processes.
§ 10 Data protection and confidentiality
10.1.1 Privacy at a Glance
General information
The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed under this text.
As of April 5, 2022
Data collection on this website
Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the section “Notice on the responsible body” in this data protection declaration.
How do we collect your data?
On the one hand, your data is collected when you communicate it to us. This can be z. B. be data that you enter in a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Part of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request that the processing of your personal data be restricted.
You also have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time if you have any further questions on the subject of data protection.
Analysis tools and third-party tools
When you visit this website, your surfing behavior can be statistically evaluated. This is mainly done with so-called analysis programs.
Detailed information on these analysis programs can be found in the following data protection declaration.
10.1.2. hosting
IONOS
We host our website at IONOS SE. The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter IONOS). When you visit our website, IONOS records various log files including your IP addresses. Details can be found in the IONOS data protection declaration:
https://www.ionos.de/terms-gtc/terms-privacy.
IONOS is used on the basis of Article 6 (1) (f) GDPR. We have a legitimate interest in our website being displayed as reliably as possible. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art.
6 Paragraph 1 lit. a GDPR and Article 25 Paragraph 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the end device of the user (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
10.1.3. General information and mandatory information
privacy
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
If you use this website, various personal data will be collected.
Personal data is data with which you can be personally identified. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.
We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
Note on the responsible body
The responsible body for data processing on this website is:
Happy House Ltd
At the Rockerkopf 18
65 719 Hofheim
Telephone: +49 (0)
Email: hilfe@happy-houses.com
The responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).
storage duration
Unless a specific storage period has been specified in this data protection declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke consent to data processing,
your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the data will be deleted once these reasons have ceased to exist.
General information on the legal basis for data processing on this website
If you have consented to the data processing, we will process your personal data on the basis of Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, if special data categories according to Article 9 Paragraph 1 GDPR are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also based on Art.
49 paragraph 1 lit. a GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g. via device fingerprinting), data processing is also based on Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Article 6 (1) (b) GDPR. Furthermore, we process your data if they are required to fulfill a legal obligation on the basis of Article 6 (1) (c) GDPR. Data processing can also take place on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit. F GDPR.
Note on data transfer to the USA and other third countries
Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to and processed in these third countries. We would like to point out that in these countries no level of data protection comparable to that of the EU can be guaranteed.
For example, US companies are obliged to release personal data to security authorities without you as the person concerned being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) will process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence on these processing activities.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. The legality of the data processing that took place up until the revocation remains unaffected by the revocation.
Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)
IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR
DONE, YOU HAVE THE RIGHT AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR
SITUATION RESULTING AGAINST THE PROCESSING OF YOUR PERSONAL DATA
TO OBJECT; THIS ALSO APPLIES TO ANY SERVICE BASED ON THESE PROVISIONS
PROFILING. THE RESPECTIVE LEGAL BASIS ON WHICH A PROCESSING IS BASED,
PLEASE REFER TO THIS PRIVACY STATEMENT. IF YOU OBJECT,
WE WILL NO LONGER PROCESS YOUR CONCERNED PERSONAL DATA UNLESS WE CAN HAVE COMPELLING PROTECTIVE GROUNDS FOR THE PROCESSING
PROOF THAT OUTSTANDING YOUR INTERESTS, RIGHTS AND FREEDOMS OR THAT
PROCESSING IS FOR THE CLAIM, EXERCISE OR DEFENSE OF
LEGAL CLAIMS (OBJECTION ACCORDING TO ART. 21 (1) GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING
TO INSERT; THIS ALSO APPLIES TO PROFILING TO THE EXTENT RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION ACCORDING TO ART. 21 (2) GDPR).
Right of appeal to the competent supervisory authority
In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done to the extent that it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption.
You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time. You can contact us at any time if you have any further questions on the subject of personal data.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data.
You can contact us at any time for this. The right to restriction of processing exists in the following cases:
If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the examination, you have the right to request that the processing of your personal data be restricted.
If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.
If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to demand that the processing of your personal data be restricted instead of being deleted.
If you have lodged an objection in accordance with Art. 21 (1) GDPR, your interests and ours must be weighed up. As long as it has not yet been determined whose interests prevail, you have the right to demand that the processing of your personal data be restricted.
If you have restricted the processing of your personal data, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State are processed.
10.1.4. Data collection on this website
Transmission of personal data
As part of our collection of personal information, it may happen that the information is transmitted to or disclosed to other companies or individuals. The recipients of this data can include, for example, service providers or providers of services and content that are integrated into this website. In such a case, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.
cookies
Our website uses so-called “cookies”. Cookies are small text files and do not cause any damage to your end device. They are stored on your end device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.
In some cases, cookies from third-party companies can also be stored on your end device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).
Cookies have different functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or to display advertising.
Cookies that are required to carry out the electronic communication process, to provide certain functions you want (e.g. for the shopping cart function) or to optimize the website (e.g. cookies for measuring web audience) (necessary cookies). stored on the basis of Article 6 (1) (f) GDPR, unless another legal basis is specified.
The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies was requested, processing takes place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG); the consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.
If cookies are used by third-party companies or for analysis purposes, we will inform you of this separately in this data protection declaration and, if necessary, ask for your consent.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
Browser type and browser version
operating system used
Referrer URL
Host name of the accessing computer
Time of server request
IP address
This data is not merged with other data sources.
This data is collected on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – the server log files must be recorded for this purpose.
contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.
This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time.
The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.
Inquiry by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.
This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time.
The data you sent to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular statutory retention periods – remain unaffected.
10.1.5. Social media
Elements of the social network Facebook are integrated on this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook, however, the data collected is also transferred to the USA and other third countries.
An overview of the Facebook social media elements can be found here:
https://developers.facebook.com/docs/plugins/?locale=de_DE.
If the social media element is active, a direct connection is established between your end device and the Facebook server. Facebook receives the information that you have visited this website with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of this website to your Facebook profile.
This allows Facebook to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Facebook. You can find more information on this in Facebook’s privacy policy at:
https://de-de.facebook.com/privacy/explanation.
Insofar as consent has been obtained, the above-mentioned service is used on the basis of Article 6 (1) (a) GDPR and Section 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.
Insofar as personal data is collected on our website and forwarded to Facebook using the tool described here, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 GDPR). Joint responsibility is limited to collecting the data and passing it on to Facebook. The processing by Facebook after the forwarding is not part of the joint responsibility. Our joint obligations have been set out in a joint processing agreement. The text of the agreement can be found at:
https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for issuing data protection information when using the Facebook tool and for implementing the tool on our website in a secure manner in accordance with data protection law. Facebook is responsible for the data security of Facebook products. You can assert your rights (e.g. requests for information) regarding the data processed by Facebook directly on Facebook. If you assert the rights of data subjects with us, we are obliged to forward them to Facebook.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission.
Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://de-de.facebook.com/help/566994660333381 and
https://www.facebook.com/policy.php.
Functions of the Twitter service are integrated on this website. These features are offered by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.
If the social media element is active, a direct connection is established between your end device and the Twitter server. Twitter thereby receives information about your visit to this website.
By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Twitter. You can find more information on this in Twitter’s privacy policy at:
https://twitter.com/de/privacy.
Insofar as consent has been obtained, the above-mentioned service is used on the basis of Article 6 (1) (a) GDPR and Section 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission.
Details can be found here:
https://gdpr.twitter.com/en/controller-to-controller-transfers.html.
You can change your data protection settings on Twitter in the account settings under
Change https://twitter.com/account/settings.
Functions of the Instagram service are integrated on this website. These functions are offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
If the social media element is active, a direct connection will be established between your end device and the Instagram server. Instagram thereby receives information about your visit to this website.
If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or how it is used by Instagram.
Insofar as consent has been obtained, the above-mentioned service is used on the basis of Article 6 (1) (a) GDPR and Section 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.
Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing ( Art. 26 GDPR). Joint responsibility is limited to collecting the data and passing it on to Facebook or Instagram. The processing by Facebook or Instagram after forwarding is not part of the joint responsibility.
Our joint obligations have been set out in a joint processing agreement. The text of the agreement can be found at:
https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for issuing data protection information when using the Facebook or Instagram tool and for implementing the tool on our website in a secure manner in accordance with data protection law. Facebook is responsible for the data security of Facebook and Instagram products. You can assert your rights (e.g. requests for information) regarding the data processed on Facebook or Instagram directly on Facebook. If you assert the rights of data subjects with us, we are obliged to forward them to Facebook.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission.
Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://help.instagram.com/519522125107875 and
https://de-de.facebook.com/help/566994660333381.
For more information, see Instagram’s privacy policy:
https://instagram.com/about/legal/privacy/.
10.1.6. plugins and tools
YouTube with enhanced privacy
This website includes videos from YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in the extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the extended data protection mode does not necessarily exclude the transfer of data to YouTube partners. This is how YouTube establishes a connection to the Google DoubleClick network, regardless of whether you are watching a video.
As soon as you start a YouTube video on this website, a connection to the YouTube servers is established. The YouTube server is informed which of our pages you have visited.
If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Furthermore, YouTube can save various cookies on your end device after starting a video or use comparable recognition technologies (e.g. device fingerprinting). In this way, YouTube can receive information about visitors to this website. This information is used, among other things, to collect video statistics, to improve user-friendliness and to prevent attempts at fraud.
If necessary, after the start of a YouTube video, further data processing operations can be triggered over which we have no influence.
YouTube is used in the interest of an attractive presentation of our online offers.
This represents a legitimate interest within the meaning of Article 6 Paragraph 1 Letter f GDPR. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Article 6 Paragraph 1 Letter A GDPR and Article 25 Paragraph 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time. You can find more information about data protection on YouTube in their data protection declaration at: https://policies.google.com/privacy?hl=de.
Google Web Fonts
This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly.
For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that this website is accessed via your IP address
was called. Google WebFonts are used on the basis of Article 6 (1) (f) GDPR.
The website operator has a legitimate interest in the uniform presentation of the typeface on his website. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para B. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
If your browser does not support web fonts, a standard font will be used by your computer.
You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy:
https://policies.google.com/privacy?hl=de.
Font Awesome
This site uses Font Awesome for the uniform display of fonts and symbols. The provider is Fonticons, Inc., 6 Porter Road Apartment 3R, Cambridge, Massachusetts, USA.
When you call up a page, your browser loads the required fonts into your browser cache in order to display text, fonts and symbols correctly. For this purpose, the browser you are using must connect to the Font Awesome servers. This gives Font Awesome knowledge that this website was accessed via your IP address. Font Awesome is used on the basis of Article 6 (1) (f) GDPR. We have a legitimate interest in the uniform representation of the typeface on our website. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para B. Device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
If your browser does not support Font Awesome, a standard font will be used by your computer. For more information about Font Awesome, see Font Awesome’s privacy policy at: https://fontawesome.com/privacy.
Google Maps
This site uses the map service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
In order to use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there.
The provider of this site has no influence on this data transfer. If Google Maps is activated, Google can use Google Web Fonts for the purpose of uniform display of fonts.
When you call up Google Maps, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly.
Google Maps is used in the interest of an attractive presentation of our online offers and to make it easier to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Article 6 Paragraph 1 Letter f GDPR. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Article 6 Paragraph 1 Letter A GDPR and Article 25 Paragraph 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission.
Details can be found here:
https://privacy.google.com/businesses/gdprcontrollerterms/ and
https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.
You can find more information on handling user data in Google’s data protection declaration: https://policies.google.com/privacy?hl=de.
OpenStreetMap
We use the OpenStreetMap (OSM) map service.
We embed the map material from OpenStreetMap on the server of the OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, Great Britain. Great Britain is regarded as a safe third country under data protection law. This means that Great Britain has a data protection level that corresponds to the data protection level in the European Union. When using the OpenStreetMap maps, a connection to the servers of the OpenStreetMap Foundation is established.
Among other things, your IP address and other information about your behavior on this website may be forwarded to the OSMF. For this purpose, OpenStreetMap may store cookies in your browser or use comparable recognition technologies.
OpenStreetMap is used in the interest of an attractive presentation of our online offers and to make it easy to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Article 6 Paragraph 1 Letter f GDPR. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Article 6 Paragraph 1 Letter a GDPR and Article 25 Paragraph 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
polylang
We use the Polylang plugin for the multilingualism of our website. The provider is WP SYNTEX 28, rue Jean Sébastien Bach, 38090 Villefontaine, France. Polylang cookies are only set to recognize and record the language used or selected by the user. A transfer of your data to the manufacturer of the plugin does not take place. These cookies remain stored for one year and are then deleted.
More information about Polylang: https://polylang.pro/.
Source: https://www.e-recht24.de
10.2 Confidentiality
All contractual partners are obliged to keep all business transactions that have become known during the cooperation confidential. The confidentiality obligation also extends beyond the registration period, provided that the business transactions have not become generally known in the meantime. The right of Happy House to use the name and logo of company users as a reference remains unaffected by the confidentiality obligation. Furthermore, unaffected by the confidentiality obligation, Happy House has the right to pass on information to affiliated companies or external consultants.
§ 11 Limitation of Liability
11.1 Happy House is only liable to users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions of the Federal Republic of Germany for damages or reimbursement of wasted expenses.
11.2 In other cases, Happy House is only liable – unless otherwise regulated in 11.3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract of use and on the observance of which the users can regularly rely (so-called cardinal obligation), in each case limited to the Compensation for the foreseeable and typical damage. In all other cases, liability on the part of Happy House is excluded, subject to the provision in 11.3.
11.3 Any liability of Happy House for damage due to injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 12 Final Provisions
12.1 These GTC are final with regard to Happy House’s offer. General terms and conditions of the users have no effect with regard to the user contract. This also applies in cases in which Happy House has not expressly objected to such general terms and conditions. Should individual provisions of these Happy House General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
12.2 The law of the Federal Republic of Germany applies exclusively to the usage contracts. If the user is a consumer and has his habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law.
12.3 The exclusive place of jurisdiction for disputes arising from the contract of use and these GTC is Frankfurt am Main, insofar as the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law.
12.4 Happy House reserves the right to change the provisions of these terms and conditions at any time and without stating reasons, taking into account the requirements set out below. Happy House will inform the user of any changes and/or deviations from the promised service by e-mail and offer to continue the user relationship under the changed conditions. If the user does not object to the validity of the new terms and conditions within six weeks after receipt of the e-mail, the changed terms and conditions are deemed to have been agreed with the user. If the user objects to the validity of the new terms and conditions within the six-week period, Happy House is entitled to terminate the contractual relationship properly.
12.5 These terms of use and the other data of the user contract are saved by Happy House after the conclusion of the contract. The current version of the GTC is available to the user here at any time.