Privacy policy & terms of service

Effective date: 12.01.2021

Privacy policy

The protection of privacy is an important concern for us when processing your data. The processing of the collected data is carried out in accordance with the provisions of the Federal Data Protection Act (BDSG), the General Data Protection Regulation (DSGVO) and other legal provisions on data protection.

The processing of personal data by us basically serves the purpose of fulfilling the contract with you within the meaning of Art. 6 Para. 1 lit. b of the German Data Protection Act (DSGVO) or to protect our legitimate interests, especially our accountability to you within the meaning of Art. 6 Para. 1 lit. f of the German Data Protection Act (DSGVO). If one of the aforementioned legal permissible circumstances does not exist, we will obtain your consent in accordance with Art. 6 Para. 1 lit. a DSGVO before processing your data. Detailed information on data processing can be found in the following statements.

1. the entity responsible for data processing:
Responsible for data processing is Christoph Nieberding, summonable address: Ludwig-Thoma-Str. 16, 85521 Ottobrunn, Tel.: 049 151 42 42 99 38 , E-Mail: cn[at]designation.eu
 
2. processing of personal data
2.1 Personal data is collected by us when you actively provide it to us, e.g. to book a training course or to conduct the seminar.
You have the right to object to the use of this data for the respective purpose at any time in the future. Please also see section 5.
2.2 The personal data collected from you will only be used for the purpose for which you have provided it to us or for which you have given us your consent to process it. After complete processing of the contractual relationship, the user data will only be stored for as long as is necessary due to retention periods under tax and commercial law. After expiry of these periods, however, the data will be deleted unless you have expressly consented to its further or other use. You can also assert rights during the retention periods, such as blocking your data. Please refer to section 5.

3. Collection of or transmission of personal data to state institutions and authorities will only take place within the framework of mandatory national legal provisions.

4. Furthermore, your data will be forwarded to these persons for the purpose of processing the contractual relationship:
- Our seminar and further training instructors
- Tax consultancy, advice and consulting
- Payment service providers and banks
4.1 Our employees and subcontractors have been contractually obligated to maintain confidentiality and observe data secrecy.
4.2 We use various (software) tools/solutions to conduct our seminars, the providers of which are located in third countries, primarily in the USA. When using these tools, data is transferred to the servers of these providers outside the EU. You can see from our offer which providers are currently involved. We hand out the privacy policies of the providers in the attachment.

5. Information on user rights:
Upon request, we will inform you as soon as possible and in writing whether and which personal data about you are stored by us. If, despite our efforts to ensure that the data is correct and up to date, incorrect data is stored, we will correct it upon request.
In addition to this right to rectification, you may also have the right to block and delete the personal data we have collected. We may not be able to comply immediately with every request for deletion for legal reasons, in particular due to tax or commercial law regulations, or for reasons of smooth contract processing. In this case, we will contact you and discuss to what extent we can block the data for further processing and from which point in time a final deletion is possible.
In addition, you have the right to request that we transfer the data to you in a structured, common and machine-readable format or, at your express request, transfer it to a third party.
You may object to the use of your data for the future, i.e. for other or further purposes than the execution of the contract or processing in our legitimate interest. In particular, you may object to the use of your data for promotional purposes. You also have the right to request only a restriction of data use for certain purposes.
If you have any further questions regarding the collection, processing and use of personal data or the correction, deletion or blocking of such data, please contact us. The contact address can be found in section 1.
The supervisory authority responsible for us or for complaints against us is the State Office for Data Protection Supervision, Promenade 27, 91552 Ansbach bzw. [email protected].

Cookies

This website uses the following third-party services, each one having their own cookies:

Kajabi Website (the Designation website is built on Kajabi)

‍"Strictly Necessary Cookies: These cookies are required to let you navigate our website and use its features. They are also used to ensure we have a proper cookie banner.

‍Analytics Cookies: These cookies collect information about how our visitors use the website. All information collected by these cookies is aggregated and therefore anonymous. It is only ever used to improve how our website works."

Cookie Info Script (Used for the cookie consent banner at the bottom of the page)

"Cookie Info Script applications and data are hosted using third party hosting services provided by Amazon Web Services (AWS). AWS delivers an industry-leading network of state-of-the-art data centers located around the world, including in the United States of America and Australia. Like Cookie Info Script, helping to protect the confidentiality, integrity, and availability of customer data is of the utmost importance to AWS, as is maintaining customer trust and confidence. AWS are certified to the US-EU Safe Harbor Principles and, in compliance with the US-EU Safe Harbor Onward Transfer Principles, act as our agent with regard to data privacy. For more details of AWS's privacy and security processes, please visit http://aws.amazon.com/privacy/ and http://aws.amazon.com/security/.

We use Cloudflare for static content distribution. This service allows the Website to distribute content using servers located across different countries and to optimize performance. Which anonymous data is processed depends on the characteristics and the way Cloudflare is implemented. Their function is to filter communications between the Website and the User’s browser. Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain anonymous user information are transferred. For more information on CloudFlare, please visit their website: https://www.cloudflare.com/security-policy."

Interact (Quiz platform, we use it for some of our quizzes)

"To help us serve you better, we collect information that identifies the computer or browser used to access our Service, as well as the user account associated with that computer/browser if you are logged in. Cookies are pieces of information placed in the settings of your web browser by a website server to identify your computer when you return to a website. Whenever a site welcomes you and tailors data to your specifications, it is reading a cookie left in your browser and identifying information that you may have registered during previous visits, such as your viewing preferences.

Certain cookies placed by our Service do not collect any personal information, and are essential to provision of a functional website and/or app, which we have a legitimate interest in providing (these are known as “Necessary Cookies” and include cookies that drive your navigation on our Service). However, you are not required to accept other types of cookies that collect personal information in order to use our Service. When you first use our Service, we will provide you with a choice as to whether you accept placement of cookies that collect personal information. Click here for a list of the cookies (organized by category) that our Service currently uses. The use of cookies is a standard practice among Internet websites and most Internet web browsers may be customized to reject cookies, to only accept or reject cookies by user intervention, or to delete cookies. However, some features may not function properly if all cookies are blocked."

Calendly (Used to arrange appointments for our customer calls)

"Like many websites, we and our Service Providers use Cookies, web beacons, and other technologies to receive and store certain types of information when you interact with us through your computer or mobile device subject to your opt-out preferences (see Your Rights and Choices section below). Using these technologies helps us customize your experience with our Website, improve your experience, and tailor marketing messages. Here are some of the types of information we collect:

• Log & Device data. When you use Calendly, our servers automatically record information (“log data”), including information that your browser sends whenever you visit our Website. This log data may include the web address you came from or are going to, your device model, operating system, browser type, unique device identifier, IP address, mobile network carrier, and time zone or location. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please check the policies of your device manufacturer or software provider.
• Cookie data. Depending on how you’re accessing our services and subject to your opt-out preferences, we may use “Cookies” (a small text file sent by your computer each time you visit our Website, unique to your Calendly account or your browser) or similar technologies to record log data. When we use Cookies, we may use ‘session’ Cookies (that last until you close your browser) or ‘persistent’ Cookies (that last until you or your browser deletes them). For example, we may use Cookies to keep you logged into Calendly. Some of the Cookies we use are associated with your Calendly account (including personal information about you, such as the email address you gave us), and other Cookies are not.
• Other Web Site Analytics Services. Subject to your opt-out preferences (see ‘Your Rights and Choices’ below), we use third-party Service Providers such as Google Analytics to provide certain analytics and Viewer interactions services to Calendly in connection with our operation of our Website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to Calendly. You may opt-out of relevant cookies using opt-out features on their respective websites."

Google Analytics

This website uses the service "Google Analytics", which is offered by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to analyze website usage by users. The service uses "cookies" - text files that are stored on your terminal device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
IP anonymization is used on this website. The IP address of the user is shortened within the member states of the EU and the European Economic Area. This shortening eliminates the personal reference of your IP address. As part of the agreement on the order data agreement, which the website operators have concluded with Google Inc., the latter uses the information collected to create an evaluation of website use and website activity and provides services associated with internet use.

You have the option of preventing the cookie from being stored on your device by making the appropriate settings in your browser. It is not guaranteed that you can access all features of this website without restrictions if your browser does not allow cookies.

Furthermore, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to and used by Google Inc. The following link will take you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de.
Here you can find more information about the use of data by Google Inc.: https://support.google.com/analytics/answer/6004245?hl=de

Google Fonts

We use the external web fonts service Google Fonts to display texts in different fonts. For this purpose, a connection to the respective web font provider is established and personal data such as IP address and other device data is transmitted to it. The web font provider uses the data exclusively to display the fonts and analyze their popularity. The legal basis is legitimate interests (Art. 6 para. 1 lit. f) DSGVO). We have a legitimate interest in displaying content on our website in a consistent manner and in an appropriate loading time.

 

Terms of service - General Terms and Conditions for Online Training

Christoph Nieberding - Desingation  (hereinafter: CN) provides online trainings (lessons and coachings) (hereinafter also: training) for companies in the sense of § 14 BGB (German Civil Code) (hereinafter: customer) based on the following terms and conditions, unless CN and the customer agree otherwise in individual cases based on an offer and its confirmation (hereinafter: individual contract or booking) at least in text form (§ 126b BGB):

1. subject matter and scope of services
a. The subject matter, duration and scope of the training, the individual modules of the training, the language of the training, the description of the platforms and tools used in the training, the requirements placed on the participants, the technical prerequisites for participation and the training objective result from the respective offer of CN or, in the absence of a description in the offer, from the documents currently published by CN (website, brochures, etc.).
b. Trainings are conducted exclusively for the customer and his employees, for a maximum number of individually named employees (participants) described in the offer. Logins are individually assigned to the participant (personal) and are not transferable.
c. Trainings take place exclusively online (e.g. video or videocall). Prior to the start of team trainings, participants are onboarded in the format described in the offer. CN provides the trainings in person or by the trainer named in the offer subject to the provision in section 4 b..
d. Customer will determine the Participants in its reasonable discretion, provided they meet the requirements described in the Proposal. Customer will ensure that each participant has sufficient time and the technical means (tools such as Slack) to participate in the training and that Customer-supplied projects suitable for the training are identified. Exchange of participants is only possible by mutual agreement after booking. Customer will allow CN to communicate directly with participants and will provide CN with contact information (email, phone).
e. The Customer is not entitled to be provided with training materials and documentation in a particular format (materials) unless the relevant booking specifically provides for this. CN cannot guarantee the achievement of training objectives, as this also depends on the individual skills of the participants and the situation in the company.

2. Remuneration
a. The customer owes a flat training and onboarding fee for the trainings. Unless the individual contract provides otherwise, the training and onboarding fee shall be
- including any preparatory work by CN and any materials for the participants;
- plus VAT.
b. Additional coaching sessions will be billed on a time and material basis at the hourly rate described in the proposal. The hourly rate is net plus VAT. Fractions of hours used will be billed on a pro-rata basis.
c. The customer receives the invoice immediately after confirmation of the booking. A payment term of 7 calendar days from the date of the invoice applies. Payments shall be made by bank transfer to the account of CN  mentioned in the offer, by paypal or SEPA direct debit, in each case stating the event.
d. If the participation fee is not received by CN before the start of the training, CN may refuse to accept the training and postpone the start of the training.

3. Postponement and cancellation by the customer
The customer is aware that the content of the training modules builds on each other and that the training objective can only be achieved if this sequence is adhered to on time. The training dates are therefore binding and cancellations are not possible. The customer is only entitled to request postponements if at least 50% of the participants are prevented from attending due to force majeure (illness). If fewer participants are absent due to force majeure or participants are prevented for other reasons, the training will be recorded and made available online to the participant(s) concerned.

4. Postponement, changes and cancellation by CN
a. CN is entitled to postpone individual training session or coaching session due to insufficient number of participants or due to reasons CN is not responsible for (e.g. illness of the trainer). In this case CN will inform the customer and the participants immediately and will refund the participation fee already paid, if any.
b. CN reserves the right to change dates, trainers as well as minor changes to the training content at the reasonable discretion of CN if there are important reasons. In this case CN will also inform the customer and the participants immediately.

5. Copyrights
The videos, images and texts visible in trainings as well as the contents of the materials are protected by copyright.
Any use or reproduction of these images, films and texts by the customer therefore requires the prior consent of CN in text form. If CN provides the customer with materials according to section 1 e, the customer receives a simple right of use for internal purposes of the customer. Any form of reproduction of the materials, in whole or in substantial parts thereof, as well as their distribution requires the prior consent of CN in text form or an agreement to this effect in the booking.

6. Liability:
a. CN is liable to the customer in all cases of contractual and non-contractual liability in the case of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
b. In other cases, CN is liable - unless otherwise provided for in section 6 c. - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the customer may regularly rely on (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in section 6 c.
c. Our liability for damages resulting from injury to life, body or health shall remain unaffected by the above limitations and exclusions of liability.

7. Other conditions
a. If and to the extent CN obtains access to personal data of the customer in connection with the trainings, CN will comply with applicable data protection law. CN will process the data provided by customers only for the purpose of conducting the trainings and providing information about other events.
b. Each individual contract between CN and the customer and its conclusion or termination shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
c. Should a provision of an individual contract be or become null and void, this shall not affect the validity of this individual contract, unless adherence to the individual contract would represent an unreasonable hardship for one of the parties.
d. The place of jurisdiction for any dispute arising from and in connection with an individual contract - also with regard to its conclusion and its termination - with a merchant, a legal entity under public law or a special fund under public law shall be the registered office of CN. The above choice of this place of jurisdiction is exclusive only for the Customer.

Contact Us

If you have any questions, concerns or complaints about this privacy policy & terms of service, please contact us:

• By email: cn [at] designation.eu
• By visiting our contact page on our website
• By phone number: 0049 15142429938
• By mail: Christoph Nieberding, Ludwig-Thoma-Str. 16, D-85521 Ottobrunn, Germany