Privacy Policy, T&C

  • Home
  • Privacy Policy, T&C

Privacy Policy

Privacy Policy

The following privacy policy applies to the use of the website https://www.hertzstudio.com, hereinafter referred to as the “Website”.

The provider of this Website attaches great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR). We collect and process your personal data in order to provide you with the above-mentioned portal. This statement describes how and for what purpose your personal data is collected and used, as well as the choices available to you in connection with your personal data.

By using this Website, you consent to the collection, use and transfer of your data in accordance with this privacy policy. If you wish to object to the collection, processing or use of your data by us in whole or in part in accordance with this privacy policy, you may address your objection to the controller.

1 Controller

The controller responsible for the collection, processing and use of your personal data within the meaning of the GDPR is:

Hertz Studio

Hofmann Str. 7A

D-81379 Munich

Telephone +49 (0) 152 2776 14 81

Email info@hertzstudio.com

Owner: Riccardo Schisano

1.2 General

Types of data processed:
Contact details (e.g. email address, telephone numbers) when contacting us via email or blog posts

Categories of data subjects
Visitors and users of the online offering. Hereinafter, we also refer to the data subjects collectively as “Users”.

Purpose of processing
– Responding to contact enquiries from users;
– Security measures;

Definitions
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations performed, whether or not by automated means, in relation to personal data. The term is broad and covers virtually any handling of data.

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

1.3 Data Collection and Logging
When you access our webpages, your internet browser automatically transmits data to our web server for technical reasons. The following data is recorded during an ongoing connection between your browser and our web server:

    • Date and time of the request
    • Name of the requested file
    • Page from which the file was requested
    • Access status (file transferred, file not found, etc.)
    • Web browser and operating system used
    • Complete IP address of the requesting computer
    • Amount of data transferred

For reasons of technical security, in particular to defend against attempts to attack our web server, this data is stored temporarily. It is not possible for us to draw conclusions about individual persons from this data. After no later than seven days, the data is anonymised by shortening the IP address to domain level, so that it is no longer possible to establish a connection to an individual user. In anonymised form, the data is also processed for statistical purposes; it is not compared with other data sets nor passed on to third parties, even in extracts. Only within the framework of our server statistics, which we publish every two years in our activity report, is the number of page views presented.

Collection of Further Data
If you contact us by email, we will collect, process and use your personal data solely for the purpose of dealing with your enquiry.

Cookies
Our Website only uses a session cookie in connection with the online service “HTTPS Check” in order to make automated requests via captcha more difficult.

Google Fonts

We integrate fonts (“Google Fonts”) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated .

Web Tracking Procedures (Audience Measurement)

No analysis programmes or other techniques for evaluating your usage behaviour are used on our Website.

Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process the above-mentioned data on the basis of our legitimate interests in the efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

2 General Use of this Website

2.1 Email Contact
If you contact us (e.g. via contact form or email), we store your details for the purpose of processing your enquiry and in the event that follow-up questions arise. We only store and use further personal data if you consent to this or if this is legally permissible without special consent.

2.2 Comments and Contributions
If users leave comments or other contributions, e.g. on our blog, their IP addresses are stored on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR. This is done for our security in case someone posts unlawful content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves may be held liable for the comment or contribution and are therefore interested in the identity of the author.

2.3 Online Presences on Social Media
Integration of Third-Party Services and Content

Within our online offering, we use content or service offerings from third-party providers on the basis of our legitimate interests (i.e. optimisation of our online offering within the meaning of Art. 6(1)(f) GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “Content”).

This always requires that the third-party providers of such Content are aware of the users’ IP address, as they would not be able to send the Content to their browser without the IP address. The IP address is therefore required for the display of this Content. We endeavour only to use such Content whose respective providers use the IP address solely for the delivery of the Content. Third-party providers may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. Through these “pixel tags”, information such as visitor traffic on the pages of this Website can be evaluated. The pseudonymous information may also be stored in cookies on users’ devices and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and further information about the use of our online offering, and may also be linked to such information from other sources.

X: Social network
Service provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland;
Legal basis: Legitimate interests (Art. 6(1)(f) GDPR);
Privacy policy: https://twitter.com/privacy, (Settings: https://twitter.com/personalization)

This offering uses buttons (recognisable by the Twitter logo) to facilitate the use of Twitter. This service is provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By means of the buttons, it is possible to share a post or page from this offering on Twitter or to follow the provider on Twitter. This may include content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or follow our posts. If users are members of the Twitter platform, Twitter can associate access to the above-mentioned Content and functions with the users’ profiles there. Twitter privacy policy: https://twitter.com/de/privacy . Twitter is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active ). Privacy policy: https://twitter.com/de/privacy, Opt-out: https://twitter.com/personalization

X (XING)

The “XING Share Button” is used on this Website. When this Website is accessed, a short-term connection is established via your browser to servers of XING AG (“XING”), with which the “XING Share Button” functions (in particular the calculation/display of the counter value) are provided. XING does not store any personal data about you when you access this Website. In particular, XING does not store any IP addresses. Your usage behaviour is also not evaluated through the use of cookies in connection with the “XING Share Button”. The current data protection information regarding the “XING Share Button” and supplementary information can be accessed on the following Website: https://www.xing.com/app/share?op=data_protection

LinkedIn

Within our online offering, functions and content of the LinkedIn service may be integrated, provided by LinkedIn AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. This may include content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or follow our posts. If users are members of the LinkedIn platform, LinkedIn can associate access to the above-mentioned Content and functions with the users’ profiles there. LinkedIn privacy policy: https://www.linkedin.com/legal/privacy-policy . LinkedIn is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active) .
Privacy policy: https://www.linkedin.com/legal/privacy-policy?_l=de_DE
Opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out .

Use of Facebook Social Plugins

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use social plugins (“Plugins”) of the social network facebook.com, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The Plugins may display interaction elements or content (e.g. videos, graphics or text posts) and are recognisable by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “Gefällt mir” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active) .

When a user accesses a function of this online offering that contains such a Plugin, their device establishes a direct connection to the servers of Facebook. The content of the Plugin is transmitted directly from Facebook to the user’s device and integrated into the online offering. Usage profiles of users may be created from the processed data. We therefore have no influence over the scope of the data that Facebook collects with the help of this Plugin and inform users accordingly to the best of our knowledge.

Through the integration of the Plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. If users interact with the Plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will obtain and store their IP address. According to Facebook, only an anonymised IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and settings options for protecting users’ privacy, can be found in Facebook’s privacy notice: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it with their membership data stored on Facebook, they must log out of Facebook before using our online offering and delete their cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ . The settings are platform-independent, i.e. they apply to all devices, such as desktop computers or mobile devices.

2.4 Legal Basis and Storage Period
The legal basis for data processing under the above sections is Art. 6(1)(f) GDPR. Our interests in data processing are in particular ensuring the operation and security of the Website, examining how visitors use the Website, and facilitating the use of the Website.

Unless specifically stated otherwise, we only store personal data for as long as is necessary to fulfil the purposes pursued.

3 Your Rights as a Data Subject
Under the applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by email or by post, clearly identifying yourself, to the Website operator (see section 1). As a data subject, you have the following rights:

3.1 Right of Access
You have the right at any time to obtain confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to obtain from us, free of charge, information about the personal data stored about you together with a copy of that data. You also have the following rights:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
    • the existence of a right to rectification or erasure of personal data concerning you;
    • the right to restriction of processing by the controller;
    • the right to object to such processing;
    • the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from you, any available information as to their source;
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

3.2 Right to Rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed – including by means of a supplementary statement.

3.3 Right to Erasure (“Right to be Forgotten”)
You have the right to obtain from us the erasure of personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:

    • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • you withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
    • you object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing (e.g. statutory retention periods), or you object to the processing pursuant to Art. 21(2) GDPR.
    • the personal data have been processed unlawfully.
    • the erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which we are subject.
    • the personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

Where we have made the personal data public and are obliged to erase them, we shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers processing the personal data that you have requested the erasure by such controllers of any links to, or copies or replications of, those personal data.

3.4 Right to Restriction of Processing
You have the right to obtain from us restriction of processing where one of the following applies:

    • the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
    • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
    • we no longer require the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;
    • you have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether our legitimate grounds override yours.

3.5 Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from us, where

    • the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR; and
    • the processing is carried out by automated means.

In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

3.6 Right to Object
You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

Where personal data are processed by us for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

You have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Art. 9(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

3.7 Automated Decisions Including Profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you.

3.8 Right to Withdraw Consent Under Data Protection Law
You have the right to withdraw your consent to the processing of personal data at any time.

3.9 Right to Lodge a Complaint with a Supervisory Authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is unlawful.

4 Data Security
We make every effort to ensure the security of your personal data within the framework of the applicable data protection laws and technical possibilities.
Your personal data are transmitted to us in encrypted form. This applies to your orders as well as to the customer login. We use the SSL (Secure Socket Layer) encryption system; however, we would like to point out that data transmission over the Internet (e.g. when communicating by email) may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

To safeguard your data, we maintain technical and organisational security measures, which we continually adapt to the current state of the art. We also do not guarantee that our services will be available at specific times; disruptions, interruptions or outages cannot be ruled out. The servers we use are regularly and carefully secured.

5 Automated Decision-Making
Automated decision-making based on the personal data collected does not take place.

6 Disclosure of Data to Third Parties, No Transfer of Data to Countries Outside the EU/EEA
As a matter of principle, we use your personal data only within our company.
If and insofar as we engage third parties in the performance of contracts, they shall receive personal data only to the extent that the transfer is necessary for the corresponding service.
In the event that we outsource certain parts of data processing (“data processing on behalf”), we contractually oblige our processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.
No transfer of data to bodies or persons outside the EU and outside the cases mentioned in this declaration takes place or is planned.

7 Amendments to the Privacy Policy
Akademie für Manager reserves the right to amend the privacy policy in order to adapt it to changes in the legal situation or in the event of changes to the service or data processing. However, this only applies with regard to statements concerning data processing. Where user consent is required or components of the privacy policy contain provisions governing the contractual relationship with users, amendments shall only be made with the consent of the users.

Users are requested to inform themselves regularly about the content of the privacy policy. You may save and print this privacy policy at any time.

If you have any further questions regarding our data protection practices or this privacy policy, or if you wish to exercise your rights, please contact the website operator (contact details can be found in section 1 and in the legal notice).

(As of: July 2024)

Hertz Studio
Riccardo Schisano
Hofmann Str. 7A
D-81379 Munich
E-Mail: info@hertzstudio.com
Tel.: +49 (0) 152 2776 14 81

VAT ID No.: DE 14811200140

Links

    • Despite careful control of the content, we accept no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

Content

    • Any liability (including negligence) for damages and consequential damages arising from access to our Website is excluded.

Copyright

    • The content of the “Hertz Studio” websites is protected by copyright.
      The reproduction, modification, distribution or storage of information or data, in particular texts, parts of texts or image material, requires the prior consent of Wilhelm Gerbert, Akademie für Manager. The use of all information or data listed here and all actions, tolerations or omissions in connection with the “Akademie für Manager” websites shall be governed exclusively by German law.

General Terms and Conditions of Hertz Studio

General Terms and Conditions of “Hertz Studio”

    • These General Terms and Conditions (GTC) – in the version valid at the time of the order – apply to all contracts for goods, deliveries and other services of Hertz Studio and all its brands with consumers and entrepreneurs (hereinafter referred to as “Customer”).
    • Divergent provisions do not apply, in particular the general terms and conditions of the Customer, regardless of whether they are objected to or not, if they deviate from these terms and conditions.
    • Additionally, specific provisions – for orders and consulting services – apply for booking seminars.
    • If these specific provisions deviate from these GTC, the respective specific provisions take precedence.

Collaboration

    • The parties cooperate on a basis of trust and immediately notify each other of deviations from the agreed procedure.
    • The basis for the cooperation is a written offer prepared by “Hertz Studio”.

Customer Obligations

    • The Customer shall support “Hertz Studio” in fulfilling the contractually owed services. This includes, in particular, timely provision of information and data where the Customer’s cooperation is required.
    • The Customer shall provide the necessary materials preferably in digital form and ensure that “Hertz Studio” obtains the necessary rights to use these materials.
    • “Hertz Studio” is entitled to charge for additional work caused by the Customer’s lack of cooperation.

Deadlines

    • The contractual parties shall set deadlines in writing. If no specific deadlines are agreed upon, “Hertz Studio” determines the project schedule.
    • “Hertz Studio” is not responsible for delays due to force majeure (e.g., strike, lockout, official orders, general telecommunication failures, etc.).
    • Delays in performance caused by the Customer (e.g., failure to provide cooperation in time) entitle “Hertz Studio” to postpone the affected services by the duration of the delay plus a reasonable start-up period.

Changes to Services

    • If the Customer wishes to change the contractually agreed scope of services to be provided by “Hertz Studio”, they shall submit the change request in writing.
    • “Hertz Studio” will assess the impact of the requested change, in particular with regard to fees, additional effort and compliance with deadlines. After evaluating the change request, “Hertz Studio” will inform the Customer about the impact on the agreed arrangements.
    • The contractual parties shall, if necessary, record in writing the new additional scope of services, the resulting new deadlines, cooperation obligations, and additional remuneration.

Remuneration

    • The basis for remuneration is the offer prepared by “Hertz Studio” for the Customer. Payment terms: Due immediately upon receipt of the invoice. If instalment payments have been agreed, they must be made at the agreed dates.
    • Remuneration for “Hertz Studio” is generally based on time spent. This applies particularly to changes in services during the project period. The applicable hourly rates of “Hertz Studio” at the time are decisive for calculating the remuneration.
    • The Customer shall reimburse expenses such as travel and accommodation costs upon presentation of proof.

Rights

    • “Hertz Studio” grants the Customer a simple, non-exclusive, unlimited in time and space right to use the services provided in accordance with the contract.
    • Any use beyond that described in paragraph 1 is prohibited. In particular, the Customer is not allowed to reproduce, rent, or otherwise exploit the services. Any violation will result in a contractual penalty of €5,000 for each individual case of infringement.
    • Until full payment of remuneration is made, the Customer’s use of the provided services is only revocably permitted. “Hertz Studio” may revoke the use of the provided services for which the Customer is in default of payment, for the duration of the default.

Liability

    • “Hertz Studio” is liable for intent and gross negligence. For slight negligence, “Hertz Studio” is only liable in case of a breach of an essential contractual obligation.
    • In cases of slight negligence, liability is limited to the foreseeable damage that typically may occur. In any case, liability is capped at €100. “Hertz Studio” is not liable for loss of data and/or programs to the extent the damage results from the Customer failing to back up data and thereby ensure that lost data can be restored with reasonable effort.

Confidentiality, Press Statements

    • Documents, knowledge, and experience provided to the other contractual party may only be used for the purposes of this contract and must not be made accessible to third parties unless their nature requires disclosure or the third party is already aware of them.
    • Customer data provided to “Hertz Studio” for project processing remains the property of the Customer. “Hertz Studio” undertakes not to copy or otherwise reproduce this data. Use of the data is only allowed in the name of and on behalf of the Customer within the agreed project scope.
    • Furthermore, the parties agree to maintain confidentiality regarding the content of this contract and the insights gained during its execution. The obligation of confidentiality continues beyond the termination of the contractual relationship.
    • Press releases, statements, etc., in which the Customer refers to “Hertz Studio”, are only permitted after prior written coordination.

Miscellaneous

    • Assignment of claims to the Customer is only permitted with prior written consent of “Hertz Studio”.
    • The contractual parties may only offset claims that are legally established or undisputed.
    • “Hertz Studio” may mention the Customer as a reference client on its website or in other media. Furthermore, “Hertz Studio” may publicly present or refer to the services provided for demonstration purposes, unless the Customer can assert a legitimate interest to the contrary.

Final Provisions

    • All amendments and additions to contractual agreements must be made in writing for evidentiary purposes. Terminations must be in writing. Notices requiring written form may also be sent by e-mail.
    • If individual provisions of the GTC are wholly or partially invalid, the validity of the remaining provisions is not affected. In such a case, the parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.
    • The Customer’s general terms and conditions do not become part of the contract.
    • German law applies.
    • The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is the Local Court of Munich.

CUSTOMER COOPERATION OBLIGATIONS

    • The Customer is obliged to perform all expressly regulated and otherwise necessary cooperation duties for fulfilling the contract free of charge, promptly, completely, and correctly.
    • This applies in particular to providing information, documents, data, giving other information, and complying with payment terms. The Customer undertakes to support the Data Protection Officer and, if necessary, provide required assistance personnel. In particular, providing documentation of technical and organizational measures is explicitly part of the Customer’s cooperation obligations.

REPORTING OBLIGATIONS AND INSTRUCTIONS

    • The Data Protection Officer reports exclusively to the management/board. Regarding his expertise in data protection, he is independent of instructions.

CONFIDENTIALITY

    • The contractual parties mutually commit to maintaining the confidentiality of all trade and business secrets obtained before and during the term of the contractual relationship. This includes all information from the sphere of the other party that relates to business operations, is known to only a limited number of people, and is not publicly known, but is explicitly or evidently worthy of protection, even if not expressly marked as confidential.
    • Both parties commit to impose these obligations on all their employees, as well as employees of their affiliated companies and on independent contractors and consultants who have access to such information due to their work.

LOYALTY OBLIGATION

    • The contractual parties commit to mutual loyalty. In particular, soliciting employees of Hertz Studio who have been involved in the execution of the contract is prohibited for a period of two years after the end of the collaboration. A violation of this provision will result in a contractual penalty of €5,000. In case of breach, the Customer must prove that the employment of the affected employee was not due to targeted solicitation.

ADVERTISING

    • Unless the Customer informs Hertz Studio in writing otherwise, the Customer grants Hertz Studio a limited right to use company and corporate names, logos, domain names, and other distinctive marks for use in presentations, marketing materials, and client lists.

DOCUMENTS

    • The parties shall return all documents and other aids received or created in connection with the execution of the contract, including copies, to the other party after completion of the service (end of contract) or termination, unless they are required to prove proper performance of services or, if permitted, appropriately disposed of according to the applicable protection class and security level.

PAYMENT TERMS

    • Invoices must be paid in full within 8 days of invoicing, without deduction.

ADDITIONAL COSTS

    • Costs arising from any obligations of the Customer to publish and/or notify affected parties in the event of data loss (“Data Breach”) or comparable costs are always borne by the Customer.

GENERAL TERMS AND CONDITIONS FOR EVENTS AND SEMINARS OF HERTZ STUDIO

REGISTRATION, ENROLLMENT, CONFIRMATION OF PARTICIPATION

    • Registration of a consumer or business (hereinafter “Customer” or “Participant”) for an event can be made in writing, by fax, or by e-mail.
    • Upon receipt of registration, the Customer will receive a written confirmation. If the seminar is fully booked, Hertz Studio will promptly inform the Customer.

PARTICIPATION FEES

    • The participation fees stated in the Hertz Studio publications plus statutory VAT apply. If the participation fees already include event materials and catering, this will be explicitly stated in the publications.
    • After receipt of registration, the Customer will receive an invoice with the registration confirmation, which is immediately due.

INFORMATION ON THE NON-EXISTENCE OF A LEGAL RIGHT OF WITHDRAWAL FOR CONSUMERS ACCORDING TO § 312 d BGB

    • According to § 312 g paragraph 1 BGB, consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts pursuant to § 355 BGB. However, the law provides exceptions. Registration for an event constitutes such a statutory exception.
According to § 312 g paragraph 2 sentence 1 no. 9 BGB, there is no right of withdrawal for contracts regarding events. This means: If a consumer registers for an event at Hertz Studio, the consumer has no right of withdrawal.

CANCELLATION OF EVENTS, LIABILITY

    • Hertz Studio reserves the right to cancel or postpone an event due to insufficient demand or number of participants (up to ten days before the scheduled event date) or for other important reasons beyond Hertz Studio’s control (e.g., sudden illness of the speaker, force majeure, etc.).
    • Participation fees already paid by the participant will be refunded.
    • Liability and claims for damages are excluded, unless caused by intent or gross negligence on the part of Hertz Studio. This also applies to hotel rooms booked by the participant as well as flight or train tickets. Exceptions to this limitation of liability are claims regarding injury to life, body, or health.

RESERVATION OF CHANGES

    • Hertz Studio reserves the right to make short-term content, methodological, or organizational program changes or deviations during the event, provided that the benefit of the event for the participants remains unchanged. Hertz Studio is entitled to replace certain speakers with other equally qualified speakers. Any changes in dates or locations will be communicated to participants in a timely manner.

EVENT MATERIALS, COPYRIGHT

    • Hertz Studio does not guarantee the correctness, timeliness, completeness, or quality of event materials not created by itself. The respective speakers are solely responsible for the materials they provide.
    • Participants will receive the event materials at the beginning of the event. Participants are expressly informed that all event materials are protected by copyright. Any reproduction, distribution, or public disclosure requires the prior written consent of Hertz Studio.

LIABILITY

    • Hertz Studio is liable for damages caused intentionally or through gross negligence, as well as for damages resulting from culpable injury to life, body, or health.
    • Except for liability for intent and culpable injury to life, body, or health, liability for damages is limited to the foreseeable, typically occurring damage. Otherwise, claims for damages against the publisher are excluded regardless of legal grounds.
    • Liability under the Product Liability Act remains unaffected by the above limitation of liability.

RETENTION OF TITLE

    • For contracts with consumers according to § 13 BGB, Hertz Studio retains ownership of event materials until full payment of the event fee.
    • For contracts with businesses according to § 14 BGB, Hertz Studio retains ownership of event materials until full settlement of all claims arising from the ongoing business relationship with the customer.

DATA PROTECTION

    • Data processing is carried out in accordance with the applicable provisions of the Federal Data Protection Act and, from May 25, 2018, the General Data Protection Regulation (GDPR). Hertz Studio collects, processes, and uses personal data of the customer. For further information on data processing and privacy, please refer to the Hertz Studio privacy policy or contact our Data Protection Officer at datenschutz@adorgasolutions.de.

FINAL PROVISIONS

    • Hertz Studio reserves the right to change these General Terms and Conditions. Publication and reference to the website where the current version of the GTC can be accessed is sufficient for changes.
    • These GTC and the relationship between the customer and Hertz Studio are governed exclusively by German law. This choice of law applies to consumers only to the extent that it does not restrict mandatory legal provisions of the country where the consumer has their residence or habitual abode. UN sales law is excluded. Supplementary agreements and contract amendments require written form.
    • In business transactions with merchants, legal entities under public law, or publicly-owned special funds, the place of jurisdiction for lawsuits is the registered office of Hertz Studio. For claims not pursued through the dunning procedure, the jurisdiction for non-merchants is determined by their place of residence. The place of performance is Munich.
    • If one or more provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected.

PROVIDER INFORMATION

Hertz Studio – Riccardo Schisano
Hofmann Str. 7A, D-81379 Munich
VAT ID: 14811200140
Owner: Riccardo Schisano
Tel. +49 (0) 152 2776 14 81
Email: info@hertzstudio.com
Website: www.hertzstudio.com

(As of: July 2024)