Information in accordance with section 5 to the TMG (German Media Law).
Marko Pfann GmbH
83703 Gmund am Tegernsee, Germany
Geschäftsführer/CEO: Marko Pfann
Telephone: +49 8022 673 44 46
Internet: https://markopfann.com, https://markopfann.de,
Entry to Handelsregister (German Business Register)
Register Number: HRB 213 848
Register Court: Amtsgericht Muenchen
Initial or original capital: 25.000,00 €
VAT number (USt-IdNr)
VAT identification number in accordance with section 27 a of the German VAT act:
DE 296 458 632
In Plain English
MarkoPfann.com and SellingCreativity.com are owned and operated by Marko Pfann GmbH. It is my policy to create awesome products and I hold all my customers and prospects in high regard. I will never do anything to cheat you or deceive you, I will not spam you or spy on you and I will never share your information with any third party. I’ve done my best to present all the information on this site accurately and all the testimonials are real testimonials from real people.
Below, is a whole bunch of lawyer-speak, which is designed to cover my ass in every possible way, in case someone gets it into their heads to sue me.
PERSONAL AND NON-PERSONAL INFORMATION
WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?
Non-personal information is information that cannot identify you. If you visit this website to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:
—When you send us an application or other forms
—When you conduct a transaction with us, our affiliates, or others
—When we collect information about in you in support of a transaction, such as credit card information
—In some places on this website, you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.
ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Marko Pfann GmbH websites you visit.
HOW DOES MARKO PFANN GmbH USE PERSONAL INFORMATION?
Marko Pfann GmbH may keep and use personal information we collect from or about you to provide you with access to this website or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.
Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal processes.
DOES MARKO PFANN GmbH SHARE PERSONAL INFORMATION WITH OTHERS?
We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it. If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.
We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in a behaviour, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal processes. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this website.
HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?
We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
HOW IS PERSONAL INFORMATION SECURED?
We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.
This site contains links to other sites that provide information that we consider to be interesting. Marko Pfann GmbH is not responsible for the privacy practices or the content of such websites.
This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the website. Marko Pfann GmbH does not agree or disagree with anything posted on the discussion board. Also, remember that you must comply with our other published policies regarding postings on our public forums.
HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the website. You may also unsubscribe from mailing lists or any registrations on the website. To do so, please either follow instructions on the page of the website on which you have provided such information or subscribed or registered or contact us at [firstname.lastname@example.org]
Marko Pfann GmbH will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
MarkoPfann Gmbh is committed to providing a superior learning experience for everyone we work with. We know that our users’ are committed to their success and we are equally committed to ensuring that each interaction that someone has with our content is optimized for maximum educational potential. To enable us to do this, MarkoPfann Gmbh needs to gather and use certain information about individuals.
Individuals who we gather information about includes customers, affiliates, business contacts, employees, and other people the organization has a relationship with or may need to contact.
This policy describes how this personal data is collected, handled, and stored to meet the company’s data protection standards — and to comply with the law.
Why This Policy Exists
This data protection policy ensures MarkoPfann Gmbh:
—Complies with data protection law and follows industry best practices
—Protects the rights of staff, customers, affiliates, and partners
—Is open about how it stores and processes individuals’ data
—Protects itself from the risks of a data breach
—EU General Data Protection Regulation (GDPR) Protection Law
The GDPR (General Data Protection Regulation) protection law describes how organizations who conduct business with individuals or entities located in EU (European Union) nations — including MarkoPfann Gmbh — must collect, handle, and store personal information.
These rules apply regardless of whether data is stored electronically, on paper, or in any other manner.
To comply with the law, personal information must be collected and used fairly, stored safely, and not disclosed unlawfully.
The EU GDPR is underpinned by eight core principles. These state that personal data must:
—Be processed fairly and lawfully.
—Be obtained only for specific, lawful purposes.
—Be adequate, relevant, and not excessive.
—Be accurate and kept up to date.
—Not be held for any longer than necessary.
—Processed in accordance with the rights of data subjects.
—Be protected in appropriate ways.
—Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection.
1. Policy Statement
Every day our business will receive, use, and store personal information about our customers, affiliates, partners, and colleagues. It is important that this information is handled lawfully and appropriately, in line with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
2. About This Policy
This policy and any other documents referred to in it sets out the basis on which we will process any personal data that we collect or process. This policy does not form part of any employee’s contract of employment and may be amended at any time.
The company as a whole is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.
3. What is Personal Data?
Personal data is defined as data, (whether stored electronically or paper-based) relating to a living individual who can be identified directly or indirectly from that data, (or from that data and other information in our possession).
Processing is any activity that involves the use of personal data. It includes obtaining, recording, or holding the data, organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties under privacy control conditions.
Sensitive personal data includes contact info, address, session activity on the platform, IP location etc. Sensitive personal data can only be processed under strict conditions and used for the express purpose that it was collected for.
4. Data Protection Principles
Anyone processing personal data must ensure that data is:
—Processed fairly, lawfully and in a transparent manner.
—Collected for specified, explicit, and legitimate purposes and any further processing is completed for a compatible purpose.
—Adequate, relevant and limited to what is necessary for the intended purposes.
—Accurate and where necessary, kept up to date.
—Kept in a form which permits identification for no longer than necessary for the intended purposes.
—Processed in line with the individual’s rights and in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
—Not transferred to people or organizations situated in countries without adequate protection and without first having advised the individual.
5. Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the General Data Protection Regulation (GDPR), we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.
Collection of Information
We receive and store information about you such as:
—Information you provide us: We collect information you provide to us which includes: your name, email address, address or postal code, payment method, and telephone number. We collect this information in a number of ways, including manual entry while you are using our service, interact with our customer service, participate in surveys or marketing promotions, provide reviews or ratings, taste preferences, set preferences in Your Profile/Account, or otherwise provide information to us through our service or elsewhere.
—Information we collect automatically: We collect information regarding you and your use of our service, your interactions with us and our advertising, as well as information regarding your computer or other device used to access our service.
This information includes:
—Your activity on our platforms such as course progress and search queries
—Details regarding your interactions with customer service such as the date, time and reason for contacting us
—Transcripts of any chat conversations that you initiate on our platforms
—In the event that you initiate phone support, your phone number
—Device IDs or unique identifiers, device and software characteristics (such as type and configuration)
—Connection information, statistics on page views, referral URLs, IP address, and standard web log information
Use of Information
We use the information we collect to provide, analyze, administer, enhance, and personalize our services and marketing efforts, to process your registration, your orders, your payments, and your communication on these and other topics.
Our primary aim is always to enhance the user experience. We do so in several ways using the data that we collect, but a few examples are: determining your general platform usage, required action item completions, login details, etc. which then helps us know what difficulties you’re facing within the platform, with which can then use to take action to minimize the effort on your end. We collect other information, such as most visited links on our website, which then help us conclude what content was most watched, enabling us to create additional content geared toward our users’ needs and personal preferences.
6. Processing for Limited Purposes
In the course of our business, we may collect and process personal data, which may include data that we receive directly from a data subject and data we receive from other sources including location data, business partners, and subcontractors who work technical, payment and delivery services, credit reference agencies, and other capacities.
We will only process personal data for specific purposes or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
7. Notifying Individuals
If we collect personal data directly from an individual, we will inform them about:
—The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
—Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
—The types of third parties, if any, with which we will share or disclose that personal data.
—The fact that the business intends to transfer personal data to a non-EEA country or international organization and the appropriate and suitable safeguards in place.
—How individuals can limit our use and disclosure of their personal data.
—Information about the period that their information will be stored or the criteria used to determine that period.
—Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
—Their right to object to processing and their right to data portability.
—Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
—The right to lodge a complaint with the Information Commissioner's Office.
—Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
—Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
—The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within One (1) month.
We will also inform data subjects whose personal data we process, that we are the data controller with regard to that data and our contact detail regarding data protection act is email@example.com, and who the Data Protection Compliance Manager/Data Protection Office is.
8. Adequate, Relevant and Non-Excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
9. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
10. Timely Processing
We will not keep personal data longer than necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy or erase from our systems, all data which is no longer required.
11. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular, their right to:
—Confirmation as to whether or not personal data concerning the individual is being processed.
—Request access to any data held about them by a data controller.
—Request rectification, erasure or restriction on processing of their personal data.
—Lodge a complaint with a supervisory authority.
—Object to processing including for direct marketing.
—Not be subject to automated decision making including profiling in certain circumstances.
12. Data Security
We will take appropriate security measures against unlawful or unauthorized processing of personal data and against the accidental or unlawful destruction, damage, loss, alteration, or unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if he or she agrees to comply with those procedures and policies, or if he or she puts in place adequate measures himself/herself.
We will maintain data security by protecting the confidentiality, integrity, and availability of the personal data, defined as follows:
—Only people who are authorized to use the data can access it.
—Personal data should be accurate and suitable for the purpose for which it is processed.
—Authorized users should be able to access the data if they need it for authorized purposes. Personal data should, therefore, be stored on the MarkoPfann Gmbh central computer system & databases instead of individual PCs.
Our Security Procedures:
—Entry controls: Any stranger seen in entry-controlled areas will be reported.
—Securing lockable desks and cupboards all the time. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
—Data minimization will be practised.
—Pseudonymisation and encryption of data will be the primary state of storing the data.
Methods of disposal:
—Paper documents would be shredded. Digital storage devices would be physically destroyed when they are no longer required. Electronic data would be deleted once it’s intended purpose is fulfilled.
—Staff has to ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Transferring Personal Data Outside of the EEA
We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organization, provided that one of the following conditions applies:
—The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
—The data subject has given his consent.
—The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
—The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims.
—The transfer is authorized by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.
13. Disclosure and Sharing of Personal Data
We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in https://www.legislation.gov.uk/ukpga/2006/46/section/1159
14. Subject Access Requests
To these ends, the company has a privacy statement setting out how data relating to individuals is used by the company.
Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to the data department immediately.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
—We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
—We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
—Where a request is made electronically, data will be provided electronically when possible.
Our support team will refer a request to the data processing department or the Data Protection Compliance Manager for assistance in difficult situations.
15. Changes to this Policy
We may modify this Privacy Statement at any time, but we will provide prominent advance notice of any material changes to this Statement, such as posting a notice through the Services, on our websites, or sending you an email, to provide you with the opportunity to review the changes and choose whether to continue using the Services.
Data Protection Addendum
Last updated: May 24, 2018
This Data Protection Addendum henceforth referred to as the "Addendum", is entered into by and between Marko Pfann GmbH, henceforth referred to as "MarkoPfann Gmbh", and the customer agreeing to this Addendum, henceforth referred to as the "Customer".
This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.
If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:
—You have read and understood this Addendum
—You have full legal authority to bind yourself, or the applicable entity, to these Terms
—You agree, on behalf of the party, you represent, to this Addendum.
—If you do not have the legal authority to bind Customer, please do not "Sign/Accept/Opt IN".
Terms Defined by the General Data Protection Regulation (GDPR):
—"Addendum Effective Date" is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
—"Adequate Country" is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
—"Data Subject" is defined as the identified or identifiable person who is the subject of Personal Data.
—"Personal Data" is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
—"Processing" is defined by the applicable EU Data Protection Law and "process", "processes" and "processed" will be interpreted accordingly.
—"Data Controller" is defined as the party that determines the purposes and means of the Processing of Personal Data.
—"Data Processor" is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
—"Data Transfer Mechanism" is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
—"Data Protection Laws" are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where applicable, EU Data Protection Law.
—"Data Protection Authority" is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
—"EEA" means the European Economic Area, United Kingdom, and Switzerland.
—"EU Data Protection Law" means prior to 25th May 2018, European Union Directive 95/46/EC; and on and after 25th May 2018, European Union Regulation 2016/679 ("GDPR")
—References to "written instructions" and related terms mean Data Controller’s instructions for Processing of Customer Data, which consist of the terms of the Agreement and this Addendum, Processing enabled by Data Controller through the Service, and other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
—"Model Contracts" are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the MarkoPfann Gmbh Workspace.
—"Security Incident" is defined as any unauthorized or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in Data Processor’s control.
—"Subprocessor" is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
—"Third Party" shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorized to Process the data.
—Other capitalized terms not defined herein have the meanings given in the Agreement.
Terms Defined by MarkoPfann Gmbh with Respect to GDPR:
—"Data Subjects" are defined to include the individuals about whom data is provided to MarkoPfann Gmbh via the Services by (or at the direction of) the Customer.
—"Details of Processing Subject Matter" is defined as the subject matter of the data processing under this Addendum is the Customer Data.
—"Duration of the Processing" is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by MarkoPfann Gmbh in accordance with the terms of the Addendum.
—"Nature and Purpose of the Processing" are defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of MarkoPfann Gmbh obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
—"Categories of Data" is defined as data relating to individuals provided to MarkoPfann Gmbh when Customers sign up, log in, use the product, interact with the website, and interact with the ads.
—"Security Measures" are defined as the measures that MarkoPfann Gmbh agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Service or Customer Data.
This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data.
All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement.
This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement unless required otherwise by applicable Data Protection Laws.
This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.
4. Scope and Applicability of this Addendum:
This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.
This Addendum applies where and to the extent that MarkoPfann Gmbh processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
This Addendum applies where and to the extent that MarkoPfann Gmbh processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
5. Role and Scope of the Processing:
Customer will act as the Data Controller and MarkoPfann Gmbh will act as the Data Processor under this Addendum. Both Customer and MarkoPfann Gmbh shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum.
Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, MarkoPfann Gmbh shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. Marko Pfann Gmbh shall act only in accordance with Customer's instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.
Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer.
Notwithstanding the above, Customer acknowledges that Marko Pfann Gmbh shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.
Marko Pfann Gmbh shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer’s instructions or in compliance with a legal obligation to disclose. Marko Pfann Gmbh shall inform Customer in writing prior to making any such legally required disclosure, to the extent permitted by Data Protection Laws.
For clarity, nothing in this Addendum limits Marko Pfann Gmbh from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.
Marko Pfann Gmbh’s obligations under this Addendum shall apply to Marko Pfann Gmbh’s employees, agents and Subprocessors who may have access to the Personal Data.
Customer agrees that Marko Pfann Gmbh is authorized to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that Marko Pfann Gmbh:
Enters into a written agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and
Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Subprocessor that cause Marko Pfann Gmbh to breach any of its obligations under this Addendum.
Information about Subprocessors, including their functions and locations, is available on request and may be updated by Marko Pfann Gmbh from time to time in accordance with this Addendum.
Marko Pfann Gmbh shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with Marko Pfann Gmbh's security standards.
The customer is responsible for reviewing the information made available by Marko Pfann Gmbh relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that Marko Pfann Gmbh may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.
Marko Pfann Gmbh shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.
8. Onward Transfer:
Marko Pfann Gmbh may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where Marko Pfann Gmbh, its affiliates or Subprocessors maintain data processing operations.
To the extent that Marko Pfann Gmbh processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.
The parties agree that Marko Pfann Gmbh is the "data importer" and Customer is the "data exporter" under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that Marko Pfann Gmbh adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).
9. Regulatory Compliance:
At Customer’s request and expense, Marko Pfann Gmbh shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.
Marko Pfann Gmbh shall (at Customer's expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to Marko Pfann Gmbh, Marko Pfann Gmbh shall not respond to such communication directly without Customer's prior authorization unless required by Data Protection Laws.
10. Reviews of Data Processing:
At Customer’s request, Marko Pfann Gmbh shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm Marko Pfann Gmbh’s compliance with this Addendum.
Marko Pfann Gmbh will provide such information within thirty (30) days of Customer’s written request unless shorter notice is required by Customer’s regulatory authorities.
Except as expressly required by Data Protection Laws, any review under this Section 10 will:
—Be conducted no more often than once per year during Marko Pfann Gmbh’s normal business hours, in a manner so as not to interfere with standard business operations;
—Be subject to Marko Pfann Gmbh’s reasonable confidentiality and security constraints;
—Be conducted at Customer’s expense; and
—Not extend to any information, systems or facilities of Marko Pfann Gmbh’s other customers or its Third Party infrastructure providers.
Any information provided by Marko Pfann Gmbh under this Section 10 constitutes Marko Pfann Gmbh’s Confidential Information under the Agreement.
11. Return or deletion of data:
Marko Pfann Gmbh shall, within ninety (90) days after a request by Customer at the termination or expiration of the Agreement, delete or return, at Customer's choice, all of the Personal Data from Marko Pfann Gmbh’s systems. Within a reasonable period following deletion, at Customer’s request, Marko Pfann Gmbh will provide written confirmation that Marko Pfann Gmbh’s obligations of data deletion or destruction have been fulfilled.
Notwithstanding the foregoing, the Customer understands that Marko Pfann Gmbh may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.
12. Additional Security:
Upon becoming aware of a confirmed Security Incident, Marko Pfann Gmbh shall notify the Customer without undue delay, in accordance with the Security Measures. Notwithstanding the foregoing, Marko Pfann Gmbh is not required to make such notice to the extent prohibited by Data Protection Laws, and Marko Pfann Gmbh may delay such notice as requested by law enforcement and/or in light of Marko Pfann Gmbh's legitimate needs to investigate or remediate the matter before providing notice.
Each notice of a Security Incident will include:
—The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
—A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
—The scope of the Security Incident, to the extent, known; and
—A description of Marko Pfann Gmbh's response to the Security Incident, including steps Marko Pfann Gmbh has taken to mitigate the harm caused by the Security Incident.
Marko Pfann Gmbh shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorized access or disclosure.
13. Changes to Subprocessors:
When any new Subprocessor is engaged, Marko Pfann Gmbh will, at least a week before the new Subprocessor processes any Customer Data, inform Customer of the engagement by sending an email or via the in-app notification.
14. Further cooperation:
Where and when required by Data Protection Laws, Marko Pfann Gmbh will provide the relevant Data Protection Authorities with information related to Marko Pfann Gmbh’s Processing of Personal Data. Marko Pfann Gmbh further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to Marko Pfann Gmbh’s status in this respect shall be notified to Customer immediately either via email or in-app notifications.
To the extent Marko Pfann Gmbh is required under Data Protection Laws, Marko Pfann Gmbh shall (at Customer's expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.
Terms and Conditions
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Marko Pfann Gmbh from their creation. Thus, Marko Pfann Gmbh shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Marko Pfann Gmbh determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Marko Pfann Gmbh all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Marko Pfann Gmbh has the right but not the obligation to use and display any postings or contributions of any kind and that Marko Pfann Gmbh may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Marko Pfann Gmbh. Neither Marko Pfann Gmbh nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Marko Pfann Gmbh neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Marko Pfann Gmbh representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY Marko Pfann Gmbh AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Marko Pfann Gmbh its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Marko Pfann Gmbh shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability. If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
—Restrict or inhibit any other user from using and enjoying the Site.
—Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
—Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
—Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
—Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
—Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
—Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
—Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
—Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
—Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
—Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
—Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Marko Pfann Gmbh may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Marko Pfann Gmbh or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Marko Pfann Gmbh staff, Marko Pfann Gmbh’s outside contributors, or by users not connected with Marko Pfann Gmbh, some of whom may employ anonymous user names. Marko Pfann Gmbh expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Marko Pfann Gmbh or any of its subsidiaries or affiliates.
Marko Pfann Gmbh has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS Marko Pfann Gmbh IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY Marko Pfann Gmbh, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND Marko Pfann Gmbh MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. You acknowledge and agrees that no representation has been made by Marko Pfann Gmbh OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Marko Pfann Gmbh infringe your copyright, you, or your agent may send to Marko Pfann Gmbh a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Marko Pfann Gmbh actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Marko Pfann Gmbh a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Marko Pfann Gmbh’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org
Copyright / Intellectual Property Rights
All web pages of Marko Pfann & Marko Pfann GmbH and their contents are subject to German copyright law. Unless expressly permitted by law (§ 44a et seq. of the copyright law), every form of utilizing, reproducing or processing works subject to copyright protection on my web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable (§ 106 of the copyright law).
All copyrights, trademarks, patents and other intellectual property rights in and on my websites and all content and software located on the site shall remain the sole property of Marko Pfann GmbH or its licensors. The use of my trademarks, content and intellectual property is forbidden without the express written consent from Marko Pfann GmbH.
You must not:
—Republish material from my websites without prior written consent.
—Sell or rent material from my websites.
—Reproduce, duplicate, create derivative, copy or otherwise exploit material on my websites for any purpose.
—Redistribute any content from my website, including onto another website
Disclaimer: No Earnings Projections, Promises Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Marko Pfanns products, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Marko Pfanns products.
(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at http://markopfann depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Marko Pfanns products, and/or any monies spent setting up, operating, and/or marketing Marko Pfanns products, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Marko Pfanns products has been arbitrarily set by us. This price bears no relationship to objective standards.