1. DEFINITIONS

1.1. Service: Cloud based online scheduling system capable of being embedded in the termin-direkt.de service (hereinafter “Service”) website.

1.2. Service Provider: The Service is provided by booked4.us Kft. (hereinafter “Service Provider”)

Data: Name: booked4.us Kft.

Seat: H-2600 Vác, Zichy H. utca 12.

Company representative: Balogh Péter

Company registration number: 13-09-198371

VAT number: HU26668901

Financial institution holding account: Erste Bank (GIBAHUHB)

Bank account number: HU54116000060000000084765802

E-mail: info@termin-direkt.de

Phone: +49 (0)157 3599 0016

1.3. User: Any person using the Service following her or his registration, identified or (directly or indirectly) identifiable based on personal data.

1.4. Contracting Parties, Partie: Common term used for User and Service Provider.

1.5. Account: The user account created by the User during the registration (hereinafter: Account), containing the data provided by the User.

1.6. Service package: Subscriber service packages published on the website of termin-direkt.de (hereinafter: Service package), with various contents and conditions. The User subscribes for these Service packages. The User has the right to switch Service packages during the Service.

1.7. User interface : The parts of operational system, software and computer under the control of the User, which are used for the communication with the User and enable the operation of the software or the hardware.

1.8. Period of service: The financially settled subscription period during which the Service Provider provides the Service package. The service period always lasts until the last day of the calendar month. The user can choose from these durations: month/ quarter year/ half year / year.

2. REGISTRATION

2.1. The User can use the Service following the registration. The User is required during the registration to provide her/his email address and password. The email address and the password provided during the registration are the login data of the User.

2.2. Anyone registering in the name of a legal person on the termin-direkt.de website is responsible to ensure that she/he has the right to register in the name of the legal person, Service Provider does not verify the existence of this right. The natural person registrant in the name of the legal person has to give its consent with a separate statement to control its personal data. In the absence of the consent statement, the registration is not possible.

2.3. The User is responsible to ensure that all the data, provided during the registration, are accurate, correct and complete, the Service Provider is not liable if the data provided by the User are inaccurate, incorrect or incomplete. The User is required to add any change of her/his data in the termin-direkt.de system within 15 days from the change. Damages caused by the breach of this obligation fall within the sole responsibility of the User. The Service Provider is not liable for such damages.

2.4. The Service Provider reserves its right to cancel the registration of Users, who, in the view of the Service Provider, abuse the name, picture, email address or other personal data or right of others, such as if the User name is legally protected, offends the interest of others, includes obscene words or phrases, racist, offensive based on religion, nationality, ethnicity, sexual orientation, defamatory, or serves covertly or openly an advertising function.

2.5. If the User is aware that others might have gained access illegally to the password provided during the registration, User is required to change the password without delay. If it is reasonable to assume that others could have abused the password, User is required to notify the Service Provider. The User bears exclusive liability for damages caused by failing to comply with these obligations, the Service Provider is not liable for such damages. The User is responsible for the damages caused by the unauthorized or illegal use of her/his password or account and for the damages caused to the Service Provider or other third parties by failing to comply with the corresponding duty of notification.

3. Probationary period, subscription

3.1. The Servicer Provider provides a free probationary period of 14 days to the User. The User has to decide within 5 days following the probationary period whether she/he subscribes for the Service.

3.2. If the User decides to subscribe, the User can choose from the Service Packages published on the website of termin-direkt.de. The User has to pay the fee of the chosen Service Package within 8 days following the selection of the Service Package and the subscription.

3.3. If the User does not wish to subscribe to any of the Service Packages, the Service Provider suspends her/his account and deletes it after five days following the conclusion of the probationary period.

3.4. Subcription for the Service Package is covered by a separate contract between the User and the Service Provider, including the exact contents of the Service Package, its price, its functions and the detailed conditions of the Service Package (hereinafter “Service Contract”).

3.5. The Service and the Service Packages are maintained and provided only for the financially settled and paid subscription period. The Service Contract is automatically prolonged for the next service period following the payment of the subscription fee of the next service period.

3.6. The Service Provider has the right to introduce new Service Packages and cancel existing Service Packages. Users using a cancelled Service Package are automatically transferred by the Service Provider to another Service Package with similar features, chosen by the Service Provider, on the day following the expiration of the financially settled subscription period of the the previous Service Package. The Users are notified by the Service Provider via email sent to their registered email address. If the User does not agree with such transfer, and she / he wishes to select another Service Package, she / he may notify the Service Provider to do so and the Service Provider would transfer the User to the requested Service Package. Alternatively, the User is entitled to terminate the contract following the expiration of the subscription period.

3.7. The Service Provider has the right to request one-time fees for any special service which is not included in the Service Package (hereinafter “One-time fee”). The Service Provider calculates the One-time fee based on the hourly charge published on the website of booked4.us. If the User request a service for that applies a One-time fee, the Service Provider informs the User about the charges in advance. By accepting the offer, the User approves its payment obligation towards the Service Provider. The One-time fee does not have any connection with the fee of the Service Package, it does not cover the use of the Service.

4. Payment of the service fee

4.1. The Service Contract covers the the fees of the Service Packages and the exact payment deadlines.

4.2. The User is required to pay the Service Fees against an invoice provided by the Service Provider (based on the data provided by the User, for the accuracy of which the Service Provider does not have any responsibility). Payment of fees is always in the beginning of the chosen Period of service.

4.3 Possible methods of payment:

4.3.1 Bank transfer

4.3.2 Credit or debit card payment through PayPal: The Service Provider sends a PayPal prepayment request about the fee that applies to the actual service period. At the settlement of the prepayment request, the Service Provider sends the invoice with the sum of the payment to the User.

4.3.3 Credit or debit card payment or Barion balance: The User (Card Owner) entrusts the Payment Service Provider with the payment order for the purchase to send and account the offset of the service to the Service Provider as beneficiary. After successful payment, the Service Provider sends the invoice to the User.

4.3.4 Recurring payment through Barion Smart Gateway: the User gives its consent during the order that the Service Provider will initiate the payment when it becomes due. The User accepts that in predetermined intervals their bank account will be debited with the predetermined amount. After successful payment, the Service Provider sends the invoice to the User.

4.3.5 The online payment mentioned in 4.3.3 és 4.3.4 point is done by the Barion Payment Zrt. (as Payment Service Provider). License number by the Hungarian National Bank: H-EN-I-1064/2013. The Service Provider does not have access to the credit or debit card data given by the User. Barion Payment Zrt. will be ont he User’s bank account statement during payment.

5. Delayed payment, non-payment

5.1. If the User fails to pay the Service Fee within 10 days following the expiration of the payment deadline of the Service Package, ie, if the payment is delayed by more than 10 calendar days, the Service Provider can suspend the Account of the User.

5.2. If the User fails to pay the outstanding amount within 10 calendar days following the suspension of the Account, the Service Provider can terminate the Service Contract and delete the Account in its entirety with its data contents permanently. Further, the Service Provider can initiate legal proceedings in order to claim the outstanding payment and debt of the User.

6. Copyright

6.1. The Service is protected by copyright and the applicable intellectual property rules. The Service Provider is the rightful user or the copyright owner of all the works, contents, materials or other intellectual property appearing on the websites related to the the Service (including all the graphics and other materials, the design and editing of the websites related to the Service, the softwares and other solutions, ideas and implementations) except the works, contents, materials or other intellectual property from the User.

6.2. The Service Provider has the right to use all the trademarks (brand name, logo, etc.) appearing on the websites related to the Service, except the ones from the User. Registration, the use of the Service or the General Contract Terms and Conditions do not confer right on the User to use or utilize any of the trademarks or commercial titles or other names or under legal protection, appearing on the websites related to the Service.

6.3. Beyond the scope of the ordinary and intended Use of the Service and the necessary replications and private copies, the User cannot use or utilize these intellectual properties in any form (such as downloading them, storing them electronically, processing them, marketing them).

7. Obligations of the User

7.1. The customization of the User interface and its embedding into the own website of the User is the obligation of the User. If the User is unable to customize the User interface or to embed it into the website of the User, the Service Provider provides help via email, phone or, exceptionally and for renumeration, personally. It is the responsibility of the User to ensure that rights of third parties are not violated either directly or indirectly while using the Service. The User has to ensure that all legal requirements are complied with while using the Service.

7.2. The User is responsible to ensure that free dates and time slots, addresses, phone numbers, email addresses appearing on the termin-direkt.de interface are accurate, the Service Provider has no responsiblity concerning the accuracy of these data either to the User or to the Clients of the User. If the reservation is not possible for some reason or the date or the time slot changes, the User has to notify the her/his clients and take the proper steps in implementing the change. The Service Provider is not responsible for damages caused by the failure to comply with these duties.

7.3. The User cannot share, upload, forward, send or make accessible in any other way to third parties content that is unlawful, harmful, obscene, threatening, offensive or which would violate or endanger the right of third parties to their private life or other personal rights, interests, or which is under the protection of trademark, patent or other intellectual property rules.

7.4. The User cannot share, upload, forward, send or make accessible in any other way to third parties content that contains computer virus, worm or any other harmful code.

7.5. The User cannot share, upload, forward, send or make accessible in any other way to third parties marketing or promotional materials without the consent of the third party (such as spam, affiliate link, newsletter).

7.6. The User is exclusively responsible for the breach of the foregoing duties set out in Section 7. The Service Provider has no responsibility for the contents provided by the User to the clients of the User.

8. Data processing activity

8.1 These clauses need to be applied by the Service Provider based on the agency contract for the data controlling activity in connection to the 6311 – Data processing, web-hosting service provided for the User, during which the Service Provider manage personal data in the name of the User, as data controller.

The object of the data processing is managing the personal data of the natural person contacting the User by the Service Provider’s scheduling system, in connection with fulfilling the agency contract between the Service Provider and the User. Using the User as data processor does not need prior consent from the affected natural persons, but they need to be informed which is the User’s task.

8.2. The data controlling activity lasts until the existence of the contract between the Service Provider and the User, or until the withdrawal of the affected natural person’s data controlling consent.

8.3. The goal of the data controlling is to provide general scheduling system for the User in a cloud-based, embeddable form (TEAOR 6311 – Data processing, web-hosting).

8.4. Managed personal data: Name of the natural person, address, phone number, email address, online id. The system allows the User to ask for other data from the Customer in a form connecting to the booking. The data in this form can be specified by the User in the system settings.

The User is responsible for the data asked in the booking form complies the requirement of the current legislation, and does not tend to sensitive personal data or special data that requires a higher level of protection.

8.5. The User’s Customers are affected by data controlling.

8.6. The User as data controller is entitled to check the execution of the activity according to the contract at the Service Provider as data processor.

The User as data controller is responsible for the legality of the instructions connecting to the tasks specified in the contract. If the instructions are unlawful, the Service Provider as data processor must notify immediately.

The User as data controller is required to inform the natural persons affected with data controlling about the data processing according to the contract with the Service Provider, and if the laws specify, get their consent.

The system provides the interface for the endusers who use the system with the purpose of booking appointments, declare their consent. It also stores the fact and date of the user’s consent. However the User has to provide the text of their own consent of processing of personal data in the system settings that is suitable for their own services and operation. They must refer to their own Privacy Policy, the system only provides a general template.

8.7. The Service Provider as data processor acts based on the User as data controller’s instructions during its activity.

The Service Provider as data processor grants during its activity that the persons who are authorized to access the affected personal data can commit to be confidential in relation to the personal data, if they are not under legitimate confidentiality obligation.

The Service Provider as data processor does technical and organizational arrangements considering the current position of science and technology, cost of implementation, the nature, scope, circumstance and goals of data controlling, the variable probability and severity risk of the natural persons’ rights and freedom, in order to guarantee the data safety equivalent to the level of risk. The Service Provider as data processor takes action to grant that the natural persons who are under its control and who have access to personal data, can manage the mentioned data accoding to the instructions from the User as data controller. Except if EU or member state law obliges differently. It takes care of that the stored data only can be accessible through internal system or direct access by authorized persons and only in context of data controlling. It provides the regular maintenance and development of the used devices. It places the data storage device in a closed premise with suitable physical protection, takes care of its physical protection. The Service Provider as data processor has to employ persons with proper knowledge and experience to provide the tasks of the contract. Also takes care of their preparation about the data protection legislative provisions, obligations of this contract and the goal and mode of data collection.

The Service Provider as data processor will use additional data processor only if it meets the criteria of the Regulation (Regulation of EU 2016/679) and the Act CXII of 2011 on Informational Self-determination and Freedom of Information. The User as data controller gives general authorization to the Service Provider as data processor to use additonal data processor (subcontractor). Before start to use additonal data processor, the Service Provider as data processor notifies the User as data controller about the person of the additonal data processor and the planned tasks that the additonal data processor will do. If the User as data controller raises objection against the additional data processor based on the notification, using this additional data processor is only possible if the conditions of the objections are fulfilled. If the Service Provider as data processor uses the service of additional data processor, it has to guarantee the implementation of suitable technical and organizational arrangements, thereby grant that the procession of data comply with the criteria of the current legislation. If the additional data processor does not fulfill its data protection obligation, the Service Provider as data processor who commissioned it, has full responsibility towards the User as data controller about the fulfillment of the additional data processor’s obligation.

The Service Provider as data processor helps the User as data controller with every suitable resources during its data processor activity to validate the rights of the ones who are affected with data processing and in favor of fulfill its obligation. The Service Provider as data processor helps the User as data controller in fulfilling its obligation of the Article 32-36 of the Regulation (Data safety, Data protection impact assessment and prior consultation), considering the nature of the data controlling and the information available for the data processor.

The Service Provider as data processor provides the User as data controller every information that is needed to fulfill the obligations mentioned in the Article 28 of the Regulation (The data processor). Furthermore what allows and helps the User as data controller or other commissioned controllers, with audits including on-site inspections. The Service Provider as data processor immediately notifies the User as data controller if it presumes that its instructions violate the data protection provisions of the member sate or EU.

8.8. The expiry of the agency contract between Service Provider and the User causes the expiry of the data processing contract too. Following the expiry of this contract the Service Provider as data processor deletes every personal data, record in connection with the expired contract and every personal data and copies from the User as data controller. The deletion of the data has to be in 3 calendar years from the expiry of the contract.

8.9. With questions that are not regulated in this chapter, the Act V of 2013 on the Civil Code, the Regulation (EU) 2016/678 of the European Parliament and the Council and the Act CXII of 2011 on Informational Self-determination and Freedom of Information has to be used.

9. Suspending the service

9.1. If the User temporarily does not want to use the service, he/she can ask the Service Provider to suspend the subscription with a written notification sent to one of the contacts mentioned in Section 1. The subscription will be suspended from the first day of the next month after getting the suspension request.

9.2. The Service Provider will keep the service in standby mode with its every content during the suspension period (hereinafter: „Standby period”).

9.3. The User has to pay the monthly standby fee (hereinafter: „Standby fee”) during the Standby period. The User is required to pay the Standby Fees against an invoice provided by the Service Provider (based on the data provided by the User, for the accuracy of which the Service Provider does not have any responsibility). Possible payment methods mentioned in Section 4.3. The Service Contract contains the amount of the Standby fee.

9.4. If the User does not fulfill its payment obligation in 10 days after the payment due date, the Service Provider will send a written notice. If the User does not pay the overdue amount in 10 days after receiving the notice, the Service Provider is entitled to immediately terminate the contract and permanently delete the User’s account.

9.5. If the User wants to use the service again, he/she can ask for subscription activation with a written notification sent to one of the contacts mentioned in Section 1. The Service Provider will provide the Service again from the first day of the next month after receiving the activation request. From that date the User has to pay the Service Fee.

10. Termination of the contract

10.1. The User can terminate the Service Contract and request the cancellation of the subscription and the registration by a written notification sent to the addresses of the Service Provider (as indicated in Section 1), with a 15 days period of notice. The termination notification and the cancellation of the subscription and registration does not exempt the User from the payment of Service Fee for the period in question.

10.2. The Service Provider reserves the right to restrict the access of the User to the Service and cancel its registration with the deleting the corresponding data without prior notification, if the User breaches the provisions of the General Terms and Conditions or the Service Contract (subscription contract) or if the User abuses the Service. If the Service Provider decides to exercise this right, such exercise qualifies as termination with immediate effect and the User is not entitled to any repayment of the proportionate share of the Service Fee already paid.

10.3. The Service Provider does not repay the fees paid in the case of termination either on behalf of the User or the Service Provider.

11. Change of Service

11.1. The Service Provider reserves its right to implement changes, repairs or corrections of the Service, without prior notification of the User. The Service Provider is required to provide information to the Users on its website concerning such changes or corrections.

11.2. The Service Provider reserves its right to transfer the Service to another domain name. The Users will be notified in writing if such a change occurs.

12. Complaints

12.1. The Service Provider provides substantive response to customer complaints in connection with its activity, submitted to the addresses provided in Section 1, within 7 days, including indication of potentially available legal remedies and the modalities and deadlines of recourse to such remedies.

13. Responsibilities

13.1. The User undertakes to use the Service at her/his own risk. The Service Provider provides the Service at the disposal of the User, as determined by the Service Provider.

13.2. The Service Provider is not responsible to ensure that the User achieves the intended business purpose by using the Service, nor is the Service Provider responsible for any business profits obtained by the User as a result of using the Service. The Service Provider does not guarantee that clients of the User will use the Service, nor that the User could reach new clients and receive further orders.

13.3. The Service Provider is not responsible for provisional malfunction of the Service outside the control or influence of the Service Provider or the resulting damages and loss of income or loss of profits. If the Service Provider detects such a malfunction of the Service, it is required to notifiy the User without delay, investigate the causes of the failure within 15 days and take the appropriate steps to repair the Service.

13.4. Any information, data, file, downloaded or accessed by the User during the use of the Service, is accessible only at the own risk of the User and the Service Provider has no responsibility for such data.

13.5. The obligations of the Service Provider stemming from this contract are restricted in scope and amount to the amounts actually paid by the User to the Service Provider for the provision of the Service. The Service Provider is not responsible to any extent for damages or losses that are not reasonably foreseeable at the time of the conclusion of the contract.

13.6. The User bears sole responsibility for the damages resulting from the breach of the subscription contract or the provisions of the General Terms and Conditions, in particular of Section 6. If a third party submits a claim against the Service Provider, the User is required to exempt the Service Provider from any claims and in case of legal proceedings or litigation the User is required to join the proceedings, assume all the obligations and debts from the Service Provider or, if it is not possible, compensate the Service Provider for any claims by third parties.

14. Jurisdiction, applicable law

14.1. Hungarian law is applicable to the present contract, to the individual subscription contracts and to all the claims arising in connection with any of these instruments.

14.2. The parties select the jurisdiction of Hungarian courts. Claims arising under these terms and conditions or under the subscription contract fall under the exclusive jurisdiction of Budai Központi Kerületi Bíróság (Buda Central District Court). If the applicable rules of civil procedure exclude the competence or jurisdiction of the Budai Központi Kerületi Bíróság (Buda Central District Court), the Hungarian court with competence and subjectmatter jurisdiction shall have jurisdiction.

15. Invalidity clause

15.1. If any provision of the present contract terms and conditions is or becomes invalid or unenforcable, it shall not affect the rest of the contract, which remains in force and effect. In such case the Parties have to accept, instead of the invalid or unenforcable provision another, similar provision, which is most in line with the contracting purpose of the Parties, and its content is the the most similar to the previous, invalid or unenforcable provision.

Budapest, 24 May 2018.

The termin-direkt.de service (hereinafter “Service”) is a cloud based online scheduling system which is capable of being embedded in a website.

The service provider and data controller company is booked4.us Kft. (hereinafter “Service Provider”), who shall be data processor regarding to customers who use the service.

Company data:
Name: booked4.us Kft.
Seat: H-2600 Vác, Zichy H. utca 12.
Company representative: Balogh Péter
Company registration number: 13-09-198371
VAT number: HU26668901
Financial institution holding account: Erste Bank (GIBAHUHB)
Bank account number: HU54116000060000000084765802
E-mail: info@termin-direkt.de
Phone: +49 (0)157 3599 0016

User Categories:

Site visitors: Visitors of the websites of the Service Provider, who do not register on the website and do not intend to use the Service, neither as User nor as Costumer.

Newsletter subscribers: Visitors of our websites who subscribe to regular and occasional newsletters by selecting the related checkbox on the website.

Users: Any natural persons, identified or (directly or indirectly) identifiable based on personal data, standing for a business organization subscribing to the Service and creating a booking system instance or using the system instance with an administrator or employee account and using the Service for booking purposes.

Costumers: Any persons booking appointment(s) for a service following her or his registration on the system instance of a User. Upon the registration personal data of the Costumer will be stored in the system of the Service Provider as data processor.

The termin-direkt.de online booking system is collecting and processing personal data from the users for the purposes and in the extent described in following points.

I. All users ( Site visitors, Newsletter subscribers, Users, Costumers)

Upon visiting our websites technical data will be stored on our webservers from the devices of the users.

A.) Cookies

1. The websites of the Service Provider and the booking system contain cookies. A cookie is a text file that a web browser stores on a user's machine. Cookies are used by the user’s device for authentication, storing website information/preferences, other browsing information and anything else that can help the user while accessing the Service. Cookies do not contain any persona data like name, address, email address, etc.

2. There is no need for special browser settings in order to save cookies on your device. At default settings your browser will receive cookies and store them on a list (“temporary internet files”), as it does not present any risk. In case you decide not to accept Service Provider’s cookies, you can inactivate it in the browser settings. For further information please read the Help menu of your browser.

3. If you accept the use of cookies, they will be stored on your device, for the time being you delete them. Please note, that declining cookies can cause limited functionality of the Web site and the Service.

4. Please be informed that upon visiting our website(s) third party cookies are used as well, which help the Service Provider to get statistics about page visitors and social media trends and to … marketing activities.

Third party cookies built in to the Service Provider’s website(s) and to the booking system (Service):

Google Analytics

Facebook

Smartlook

Vimeo

booked.us session cookie

5. There are links and icons on the Service Provider’s websites - e.g. Facebook Like button, You Tube video link) - which refer to other websites using cookies as well. Information about using cookies on these websites are to be found on the concerning website. Service Provider does not review third party websites and does not take responsibility for the content of third party websites.

6. Unless you want to receive certain type of cookies, you have the option to configure your internet browser to block using cookies or to send you notification if a website uses cookies. For further information about this functionality and to change the cookie settings, please read the Help of your browser.

7. By using the Service User accept that limiting cookie functionalities certain functions of the Service are not available.

B.) Data processors of Service Provider

- Google Analytics

We collect technical data about the visits on our website and usage of the Service by using Google Analytics. The data gathered by Google Analytics (e.g.: type of device, type of browser, language settings, referring website, IP address of browsing device and other geographical data) are stored anonymously and independent of personal data. These data are for statistical analytics for optimizing the system’s utility and marketing.

Duration of preservation: we store the anonymous data gathered by Google Analytics for at most 3 years.

- Smartlook

By using Smartlook we can analyze the clicks happening on the website and the system’s user interface and the behavior of the visitors without storing the data recorded by them. The goal is to improve the user interface and make the usage of the system more easy and understantable.

Duration of preservation: we store the anonymous data gathered by Smartlook for at most 1 year.

- Facebook

Our websites may contain plug-ins of facebook.com social media network. The plug-in forwards to the provider that which of our websites did you open. If you are logged in to your Facebook account during browsing our website, the provider can compare the information you are interested in (that you have reached) with your user account. In case of using the plug-in’s function (e.g.: clicking on the “Like” button, commenting), the browser will send this information directly to the provider for preservation.

You can find further information about how do Facebook collects and use data, as well as your rights related to data controlling mentioned above and your available possibilites in the provider’s privacy policy: http://www.facebook.com/policy.php

If you want to avoid connecting the visit of our website with your Facebook or Twitter account, you have to sign out of these accounts before opening our website.

II. Newsletter subscribers

A) Data controlling related to the newsletter

- Legal basis: consent of the affected natural person which can be given by clicking in the related checkbox on the website or the blog by subscribing to the newsletter or register to the trial period.

- Goal: sending regular and occasional newsletter about updates of the service, tips, professional content and messages with marketing goal.

- Controlled data: name, email address

- Duration of data controlling: until the existence of the newsletter service, or the withdrawal of consent (request of deletion). One can withdraw the consent by using the link at the bottom of the newsletter or sending an email to data-control@termin-direkt.de.

B) Data processors of Service Provider

- SurveyMonkey

- We collect and store survey data about client satisfaction and marketing by using SurveyMonkey, which are voluntary.

Duration of preservation: for at most 3 years after filling the survey.

III. Users

A.) Data controlling related to registration and creation of scheduling system

- Legal basis: The User or its natural person representative gives its consent to data controlling by registering to the free trial period of the Service, filling the registration survey and checking the checkbox about accepting this data controlling informative.

- Goal: creating a new scheduling system for the User with default settings, identifying the User, possibility of contacting (in favor of phone or personal support to get to know the needs and help with the settings and offering a proposal), giving information about functions and services.

- Controlled data: full name, email address, password, phone number, id of scheduling system and data given during setting the system (e.g.: opening hours, services, language setting, etc)

- Duration of data controlling: if the User does not become a subscriber after the free trial period and he/she does not give its consent for keeping their data and further contacting, their data will be deleted in at most 30 days after the end of the trial period.

B.) Data controlling related to subscription

- Legal basis: The User gives its consent to data controlling by filling the subscription form and checking the checkbox of accepting Terms and Conditions.

- Goal: Serving, contacting based on contracted legal relationship, informing the User as Service subscriber about new functions and services; creating invoices suitable for regulations and fulfilling the accounting document keeping obligation.

- Controlled data: name, email address, phone number of natural person representative; company name, seat, site address, phone number, email address, website, customer id, scheduling system id of legal person and data given during setting the scheduling system (e.g.: opening hours, services, language settings, etc.).

- Duration of preservation: For at most 3 years after the existence of an active contracted connection (subscription), or the natural person’s representative state. The invoices have to be kept for 8 years from invoicing based on 169. § (2) of Act C of 2000 on accounting. We inform you that if you withdraw your consent for invoicing, the Data controller has the right to keep your personal data known from invoicing for 8 years based on the 6. § (5) of Act CXII of 2011 on Informational Self-determination and Freedom of Information.

C.) Data controlling related to customer service (support)

- Legal basis: Explicit consent of the User by filling the registration or subscription form.

- Goal: proactive support of registered Users: offering help for setting up the system, surveying client satisfaction, ask about unique needs and subscription intention, call for proposal; receiving client needs through incoming calls, support Users with system usage, handling complaints and other general contact functions.

- Controlled data: name, phone number, customer service notes without personal data about needs, questions, technical problems and data given during registration and subscription (see above).

- Duration of data controlling: see in Data controlling related to registration and creation of scheduling system and Data controlling related to subscription chapters

D.) Data controlling related to phone contact (support)

- Legal basis: The Service Provider can record the customer service’s phone calls in favor of fulfilling sales and services, giving information and quality assurance. The legal basis of this data controlling is the affected person’s consent. If the Service Provider wants to record the call, it notifies the called party and ask for consent.

- Goal: The goal of outgoing calls and the related data controlling is to proactively support the registrated Users: offer help for setting up the system, surveying client satisfaction, ask about unique needs and subscription intention; in case of incoming calls the goal is to receive client needs, support Users with system usage, handling complaints and other general contact functions

- Controlled data: name, phone number, customer service notes about the content of the call without recording personal data; if recording the call, the sound recording and the related scheduling system’s id.

- Duration of data controlling: we store the phone calls and the related data for at most 3 years. The recorded audio material is searchable by phone number and the date of the call.

F.) Data processors of Service Provider:

- ZOHO CRM

We store the CRM kind data of the trial period registrations, active subscribers and customer service communications in the ZOHO CRM system. Duration of preservation: for at most 30 days after the expiry of the trial period, in case of subscription: for at most 3 years after the existence of an active contracted connection (subscription), or the natural person’s representative state.

- Sales Autopilot

- We store the CRM kind data of the trial period registrations, active subscribers and subscriptions in the SalesAutopilot system. Duration of preservation: for at most 30 days after the expiry of the trial period, in case of subscription: for at most 3 years after the existence of an active contracted connection (subscription), or the natural person’s representative state.

- számlázz.hu

We do the invoices, store the invoice’s data, and track the payment status in the Számlázz.hu system. Duration of preservation: The invoices have to be kept for 8 years from invoicing based on 169. § (2) of Act C of 2000 on accounting. We inform you that if you withdraw your consent for invoicing, the Data controller has the right to keep your personal data known from invoicing for 8 years based on the 6. § (5) of Act CXII of 2011 on Informational Self-determination and Freedom of Information.

- SurveyMonkey

We collect and store survey data about client satisfaction and marketing by using SurveyMonkey, which are voluntary.

Duration of preservation: for at most 3 years after filling the survey.

- Amazon Web Services

The Service Provider store the data (controlled and stored by the scheduling system) at the virtual servers (VPS) in the Frankfurt data center of Amazon Web Services, Inc. (seat: 1 Burlington Rd, Dublin 4, Ireland) as data processor. Duration of preservation: see in section Controll data recorded in scheduling system

- Twilio

The incoming and outgoing calls of customer service are going through the Twilio system. We store the technical data of the calls (e.g.: date of the call, duration, called or calling phone numbers) and if recording, the sound material in the Twilio system. Duration of preservation: we store the calls and the related data for at most 3 years.

IV. Customers

A.) Control data recorded in scheduling systems

- Legal basis: natural person’s registration on the User’s scheduling system or booking an appointment without registration and giving consent to data controlling by checking the privacy policy accepting checkbox. Service Provider considered as data controller (see section 8 in Terms and Condition)

- Goal: support the practical roles of the User related to managing the appointments, reception of clients, and providing services, e.g.: preparing for providing the service, identifying the client at the agreed date, giving information if the date is changing or the appointments has to be cancelled, giving information, follow-up, managing technical information automatically coming from the browser (e.g.: type of device, operating system, language setting, size and type of display); support any online payment and invoicing related to the appointment, transmission of payment and billing details to external systems for providing the payment (Barion) and invoicing (Számlázz.hu) process, follow-up and management of transactions and invoices.

- Controlled data: full name, email address, phone number, (password in case of registration), id of the scheduling system, chosen service provider, chosen service during booking, chosen date and time, time of arrival, name and id of calendar related to the service (can relate to location, colleague or any other thing specified by the User), any other information specified by the User that can be filled in the booking survey, any payment and billing data (payment method and details, billing name, address and tax number), contact details (name, e-mail address, telephone number) in the contact list of the telephone used by the User, IP address of User who gathers bookings, managing technical information automatically coming from the browser (e.g.: type of device, operating system, language setting, size and type of display)

The contact data in the User's telephone contact list will be processed by the Data Controller only if the User opts for the automatic form filling option and gives his/her consent to the data processing.

- Duration of data controlling: the data is stored in the database of the scheduling system for at most 3 years from the last booked date of the User’s customer.

B.) Data processors of Service Provider:

- Amazon Web Services

The Service Provider store the data (controlled and stored by the scheduling system) at the virtual servers (VPS) in the Frankfurt data center of Amazon Web Services, Inc. (seat: 1 Burlington Rd, Dublin 4, Ireland) as data processor. Duration of preservation: see in section Controll data recorded in scheduling system

V. Data transfer

Service Provider shall not transfer the data of Newsletter subscribers, Users, Costumers to third parties.

VI. Data security

1. Service Provider takes all necessary measures (organizational and technical) to ensure the highest level of security for the protection of personal data or the prevention of unauthorized alteration, deletion or use of such data.

2. Service Provider takes all necessary measures to ensure data integrity, i.e., the accuracy and completeness of the data handled or processed by it.

3. Service Provider protects the data with appropriate measures in particular against unauthorized access, alteration, transfer, disclosure, deletion or erasing or accidental destruction, injuries or inaccessibility resulting from the change of applied technology.

4. The Service Provider takes all necessary steps to ensure the credibility and confidentiality of the processed data and in order to ensure that data subjects and those entitled can always access the data.

5. Service Provider, in order to comply with the foregoing obligations, reserves its rights to provide information to its clients and partners concerning security leaks detected on the side of clients or partners and, simultaneously, restrict their access to the system and services of the Service provider or certain functions of the Service until the security leak is eliminated.

6. Data privacy incidents are treated according the Service Provider’s internal security policy.

VII. Rights of data subject

1. Service Provider should provide the facility the data subject – through the contact details set out in point 1. -- to request access, rectification or erasure personal data if applicable, and the exercise of the right to object. The data subject can withdraw her or his consent to the processing of personal data, which does not affect legality of data processing with consent before the time of withdrawing.

2. On request of data subject Service provider provides information about data being processed, the source of the data, purpose, legal basis and duration of data processing, name, address and activities of data processor, if applicable, and in case of data transfer, the legal base and the addressee of data transfer. Service Provider should provide information in written and easy recognizable form as soon as possible but at latest within 30 days, free of charge.

3. Service Provider should rectify personal data if it is not real and accurate and the real data Is available.

4. Service Provider erases personal data immediately if the processing is improper, on the request of data subject, if data is incomplete or not real and the law does not preclude the deletion, if the purpose of data processing is terminated, if the term of data processing is over, on the order of the court or the Hungarian National Authority for Data Protection and Freedom of Information. Service Provider does not take responsibility for data being erased from the Service but to be found in search engines in an archived form, deletion should be requested in this case at the provider of the search engine.

5. Service Provider informs subject of data about rectification of data, limitation of data processing or erasure of data. Service Prover should execute rectification, erasure or limitation of processing within 30 days.

6. Subject of data can turn to the following authority in case of a perceived violation of his rights:

Nemzeti Adatvédelmi ls Információszabadság Hatóság (Hungarian National Authority for Data Protection and Freedom of Information)
Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Mailing information: 1530 Budapest, Postafiók: 5.
Phone: +36 -1-391-1400
Fax: +36-1-391-1410
E-mail: ugyfelszolgalat@naih.hu

VIII. STATEMENT OF THE SERVICE PROVIDER

1. The termin-direkt.de Service Provider, as data controller and data processor, acknowledges the binding nature of this Privacy Policy on.

2. The Data Controller undertakes to ensure that its data processing in connection with the Service or the operation of the Service always complies with the requirements laid down in this document and in the Regulation (EU) 2016/679 of the European Parliament and of the council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

3. Service Provider ensures that the present Privacy Policy is constantly available on the www.termin-direkt.de website (hereinafter “Website”). Modifications to the present Privacy Policy enter into force with their publication on the Website.

Budapest, 24 May 2018.