Terms of Use

§1 Scope And Definitions

KünzlerBachmann Directmarketing AG (hereinafter "KünzlerBachmann") offers services regarding email and/or SMS marketing measures via its website https://www.xcampaign.info; this is done via the technical platform XCAMPAIGN®-Light (hereinafter the "platform" or "XC-Light") as Application Service Provider. KünzlerBachmann is a certified partner of the Certified Senders Alliance (CSA).

These Terms of Use (TOU) regulate the content of the user relationship between KünzlerBachmann and the user of the services. In addition, the privacy policy https://www.xcampaign.info/switzerland-en/privacy/ applies. KünzlerBachmann offers the use of the services only under the TOU and contradicts the validity of general terms and conditions of the users. Possible individual contractual agreements, which are agreed upon between KünzlerBachmann and the user, have priority over the TOU. The terms used in these TOU are defined as follows:

"User" is any natural or legal person who uses the KünzlerBachmann services and thereby enters into a contractual relationship with KünzlerBachmann.

"Services" are the functions that KünzlerBachmann makes available to the user via the platform on the website, such as sending SMS and emails, providing reports or optimizing the deliverability of sent messages. The list of functions can be seen here.

"Processor" is anyone who carries out data processing on behalf of a data controller. KünzlerBachmann acts as a processor on behalf of the user, who defines the purpose and means of data processing. KünzlerBachmann may also use other processors ("sub-processors") to perform the data processing.

"Data of the User" are such data which are processed by KünzlerBachmann for the user in the course of providing the services.

"Personal Data" is information that relates to an identified or identifiable natural person.

"Parties" are KünzlerBachmann and the user.

§2 Registration, User Account, Contract of Use

Use of the Services requires the User to set up an online account (the "Account"). The contract of use comes into effect with the activation of the account by KünzlerBachmann after completion of the registration process, including these GTB.

KünzlerBachmann will immediately confirm the registration and the conclusion of the contract of use as well as the booking of packages and additional services to the user electronically to the email address provided by the user.

After the account has been activated, the user has - depending on the selected package - at best the possibility to create several user accounts. The user is responsible for the actions of the users registered by him as if they were his own.

When creating an account, the user undertakes to truthfully provide the required information, in particular his last name, first name, email address and the name and address of his company. This data will be processed in accordance with the privacy policy.

The user is responsible for the accuracy of the information provided by him and undertakes to update his information without delay or to inform KünzlerBachmann of any changes in the information.

The user will not disclose access to the account to third parties and will take appropriate measures to prevent third parties from accessing his account. The user is responsible for actions taken under his account.

The user agrees to notify KünzlerBachmann immediately in case of fraudulent or otherwise unauthorized use of his account and to change his access password immediately. All costs resulting from unauthorized use of the user’s account until KünzlerBachmann is informed about this, are borne by the user.

KünzlerBachmann is not liable for damages resulting from the use of the account by third parties, with or without the user’s consent, unless KünzlerBachmann is responsible for the use by the third party.

KünzlerBachmann stores the messages sent via its platform on behalf of the user. Distribution lists are maintained as long as the user has correctly set up and updated his account. KünzlerBachmann protects the integrity, confidentiality and security of the user’s confidential information at an appropriate level of protection taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of any risks.

§3 Packages, Prepaid Services, Other Services And Remuneration

3.1 Packages

The user concludes the contract of use for one package at a time. In this respect, the user has the choice between different packages (free, monthly, yearly), each of which contains a specific term and a specific range of functions. Depending on the package selected by the user, emails sent by the user may contain a reference to the platform (e.g. sent by XC-Light).

Parcels each have a certain shipping volume, which the user can select when booking his parcel. The sending volume is the maximum number of emails or SMS that the user is allowed to send in one month based on the package he booked. If the user does not use the shipping volume, it expires at the end of the month.

3.2 Additional Services (Credits)

The user can additionally purchase email or SMS credits for the period of use agreed upon at the time of booking. These give the user the right to use the services to a corresponding extent beyond the package booked by the user, i.e. to send a certain number of emails or SMS to recipients using the services. There are separate email credits and SMS credits, which entitle the user to send email or SMS in the respective transmission path and cannot be exchanged, charged or transmitted.

As far as the user does not use credits within the agreed period of use or until the expiration date, they expire.

3.3 Other Additional Services

KünzlerBachmann offers other services (e.g. creation of a newsletter template, Responsive Design, Inbox Testing, etc.), which can be booked bindingly on the website - if they are subject to a fee - by clicking on the button "order subject to payment".

After booking the creation of a newsletter template, the user receives a questionnaire from KünzlerBachmann regarding the content and design of the template (e.g. regarding logo, menu items, etc.). After answering and delivery of the relevant objects (e.g. graphics, pictures, logos, texts) by the user, KünzlerBachmann will create a layout draft from it. The user shall grant KünzlerBachmann the release or acceptance within 2 weeks after receipt or shall inform KünzlerBachmann of any correction specifications. The user is entitled to two free correction loops, the procedure and conditions of which are determined as follows: The correction specifications must include all items to be processed by KünzlerBachmann. In the event that corrections are required, the revised template will be handed over to the user within a reasonable period of time. The user hereby grants release or acceptance within 2 weeks or informs KünzlerBachmann of further correction specifications; the further correction specifications may only refer to corrections made by KünzlerBachmann. Further requests for changes or other more than insignificant additional services at the instigation of the user (e.g. creation of graphics) are subject to a separate order. The user will be invoiced separately for the costs arising from this in accordance with the general rates of KünzlerBachmann.

The usage rights of all commissioned newsletter templates and templates are linked to the use of the services. In particular, these may not be stored on our own servers or used by other service providers.

3.4 Remuneration

With the conclusion of a contract of use for a package, the user agrees to pay the agreed remuneration to KünzlerBachmann. For additional services, the user must pay KünzlerBachmann the remuneration agreed upon in each case. The user is obliged to pay in advance.

The prices displayed on the websites are without fees and plus any applicable value added tax. Additional fees may be charged as agreed and in accordance with applicable legal requirements.

§4 Use of the Services

4.1 Compliance with Applicable Regulations

Each party declares that it will comply with the legal provisions applicable to its activities. The User shall ensure that its use of the Services does not violate any laws and regulations or applicable international agreements, in particular Swiss law, the law of the country in which the User has its registered office and the law of the country in which the persons listed in the User’s distribution lists have their habitual residence. In particular, competition, criminal, copyright, intellectual property and data protection regulations, regulations for the protection of minors and other rights of third parties must be observed. In particular, the user shall also observe and comply with all existing legal obligations to provide information, e.g. on the revocability of consents and unsubscribing from emails.

The user shall ensure that he/she has the express and still valid consent of the recipient in question or a legal permission to send or receive advertising or commercial communication. If the user is unable to prove legal permission and valid consent of the recipient for the sending of advertising messages, the customer is obliged to pay a contractual penalty if KünzlerBachmann receives a justified complaint or warning for this reason.

The contractual penalty amounts to:

  • CHF 50.00 in case of a complaint by a recipient of an email to KünzlerBachmann, which results in a processing effort for KünzlerBachmann (e.g. telephone processing, email processing);

  • CHF 500.00 in the event of a warning by a recipient of an email, a competitor or an eligible association or organization;

  • CHF 5'000.00 in case of a complaint to the Certified Senders Alliance, which may lead to a reprimand or loss of whitelist status.

Eligible associations include the institutions entitled to bring collective actions under Art. 10 para. 2 UWG. KünzlerBachmann reserves the right to assert claims for damages; in this case the contractual penalty will be credited against a claim for damages.

4.2 Rights of Use, Intellectual Property

4.2.1 Intellectual Property Rights of the User

The user grants KünzlerBachmann all rights necessary for the performance of the contract (in particular rights to names, trademarks, copyrights, trademark rights and corporate identity).

The user ensures:

  • that he owns the rights of use of intellectual property and industrial property rights granted to KünzlerBachmann and that he was able to grant these rights and that these rights were not assigned, pledged, encumbered or transferred in any way to third parties;

  • that he has not caused or will not cause, either by assignment to a third party or otherwise, anything that could affect these intellectual and industrial property rights of use;

  • that when using the services, he does not use any content that could violate the rights of third parties;

  • that no legal disputes or proceedings relating to the intellectual property rights of the user are pending or initiated.

    Furthermore, the user agrees to indemnify KünzlerBachmann from all claims of third parties, including reasonable costs of legal defense or penalties to which KünzlerBachmann is exposed due to non-compliance with this regulation.

4.2.2 Intellectual Property Rights of KünzlerBachmann

All content, in particular computer programs, services, processes, designs, technologies, trademarks, labels and inventions used on or accessible through the website are intellectual property of KünzlerBachmann or its licensors. The user expressly acknowledges the above-mentioned protection.

Users undertake not to use the website, the services or any of the above-mentioned elements for any purpose other than that stipulated in the contract. The user is expressly prohibited from using the services to provide services to other companies.

4.3 Protection of Personal Data of Third Parties

For the purpose of providing the services, KünzlerBachmann has access to information contained in the email distribution lists created by the users, as well as to the subject and content of emails sent via the services to distribution lists of the user. This information contains personal data of third parties.

4.3.1 Responsibility of Users with Regard to Personal Data

As the sender of emails and user of the distribution lists, the user is responsible for processing the personal data contained in these emails and distribution lists in accordance with the statutory provisions. If the user is resident in the European Union or if his emails or distribution lists contain personal data of persons resident in the European Union, the user shall ensure that he complies with the provisions of Regulation EU No. 2016/679 of 27 April 2016 ("GDPR").

The user undertakes to fully comply with the applicable data protection laws, in particular the GDPR, in the procurement and subsequent processing of personal data and hereby also assures this. This obligation or assurance relates in particular, but not conclusively, to compliance with the data processing principles (see Art. 6 GDPR: legality of data processing, earmarking requirement, transparency requirement, proportionality principle) as well as the duty to provide information (see Art. 13 f. GDPR). The user hereby assures that he/she will only process personal data which has been obtained in accordance with data protection regulations, i.e. where the persons concerned have been informed transparently about the data procurement and processing.

If the personal data are email addresses, the user is also obliged and hereby assures that he/she will obtain the necessary information and consent for the use of these email addresses for marketing purposes (also by third parties).

The user further undertakes to make clear reference on his website and in his other documents, in clear form and in compliance with all applicable laws, to his privacy policy, which also governs the data processing under this agreement. He must also inform the persons concerned of their rights in this respect.

If the user wishes to process personal data under this agreement, for which the data subjects have not yet been informed about this data processing, the user is obliged to ensure that sufficient information is provided and, if required by data protection law, to obtain subsequent information and, if necessary, consent for the data processing.

The user is solely responsible for complying with the obligation to retain personal data that he/she uploads to the website. It is the sole responsibility of the user to delete personal data once the retention periods have expired. KünzlerBachmann will delete the data at the end of the contractual relationship with the user, unless KünzlerBachmann is legally permitted to store the data for a longer period of time.

Furthermore, the user is prohibited from including special categories of personal data within the meaning of Article 9 GDPR, in particular health data, data on criminal convictions and offences, social security numbers and bank card numbers in the uploaded emails or distribution lists.

The user shall fully indemnify KünzlerBachmann in case of violation of the obligations and assurances listed in this section 4.3.1. against claims of third parties which they assert against KünzlerBachmann and shall bear the costs and expenses (including legal fees and court costs) which KünzlerBachmann incurs due to such claims.

4.3.2 Protection of the User’s Personal Data

KünzlerBachmann takes all necessary measures in accordance with Art. 32 GDPR to ensure the security of personal data, in particular to prevent it from being falsified or damaged or from being accessed by unauthorized third parties.

These measures include:

  • Multilevel firewall

  • Proven virus protection and detection of hacking attempts

  • Encrypted data transmission with SSL/https/VPN technology

  • ISO 27001 certified data centers

In addition, access to the services requires an authentication of the accessing persons by means of an individual access code and a password, whereby the latter must comply with the guidelines issued by KünzlerBachmann. Password and access code are sufficiently secure and are renewed regularly.

4.3.3 Conditions of Job Processing

KünzlerBachmann acts as a processor on behalf of the user and undertakes to comply with the obligations described in Annex 1.

In this context it is determined that:

  • the user can retrieve his distribution lists at any time from his personal KünzlerBachmann account by clicking the "Export Button".

  • the personal data contained in the distribution lists may only be disclosed to third parties in the following cases:

(i) to an instruction from the user confirming that the data subject has given his or her consent to disclosure;

(ii) at the request of the competent authorities, by court order or in the course of legal proceedings.

4.4 Prohibited Uses

The use of the services is only permitted to the user personally and may not be made available, assigned or transferred to third parties free of charge or for a fee. Use is limited to one (1) account per user, unless otherwise agreed.

Any use of the services by the user which could damage, deactivate or overload the infrastructure of KünzlerBachmann or the systems and networks connected to it or which could impair the use of the services by other users is prohibited.

Any attempt by the user to access services, other accounts, computer systems or other networks connected to a KünzlerBachmann server or one of the services without authorization, by hacking or other methods, is prohibited.

Use of the Services to store or transmit illegal content or in connection with or to promote illegal activities is prohibited, e.g. content related to illegal drugs, hacking programs, instructions to assemble or manufacture bombs, grenades or other weapons, materials that contain or encourage violence against children.

Any use of the Services by the User that violates the legal provisions relating to telemarketing, email marketing, anti-spam, anti-phishing or the protection of personal data is prohibited.

Any use of the services that violates the rights of third parties is prohibited.

In the event of a violation of the provisions of this clause 4.4, KünzlerBachmann reserves the right to admonish the customer and/or to block the user’s access to the services in whole or in part. KünzlerBachmann also reserves the right to otherwise deny or limit a user’s access to his account or services if the use of the account violates these TOU or legal regulations regarding the sending of advertising. When deciding to block the account or to refuse or limit the services, KünzlerBachmann will take the legitimate interests of the user into account appropriately.

The following topics are prohibited within the scope of the services and on the KünzlerBachmann websites:

  • Advertising content that glorifies violence, is discriminatory, prohibited by law, harmful to minors, immoral or endangers public order and safety

  • Extremist contents or efforts directed against the free democratic basic order

  • Weight loss

  • Trading or exchange of currencies, fraudulent stock and stock exchange transactions

  • Homework offers, in which a fast and high profit is promised, snowball or pyramid systems

  • Pornography

  • Remedy for erection problems

  • Poaching of employees

  • Offer of virtual currencies / Initial Coin Offering (ICO)

  • Other illegal content

Accounts on the following topics are only allowed under certain conditions:

  • Clairvoyance, fortune telling and astrology

  • Gambling and other money games

  • Dating services

  • Messages to contacts from social networks like LinkedIn, Xing and Viadeo

§5 Demarcation of Services, Responsibility And Liability

5.1 Performance And Responsibility of KünzlerBachmann

KünzlerBachmann will use its best efforts in accordance with the recognized rules of technology to enable the user to execute the services in accordance with the terms of the TOU, but does not guarantee unlimited availability or the absence of errors.

Operating hours are 24 hours a day, 7 days a week, minus the time required for necessary maintenance work in the data center that affects the services. KünzlerBachmann guarantees an average time availability of 98% per month. This does not include downtime that is not due to a breach of duty by KünzlerBachmann, such as attacks on the operator’s systems by third parties, hardware failures through no fault of the operator or cases of force majeure, as well as related maintenance work and planned downtime. KünzlerBachmann may temporarily interrupt access to the services for the purpose of maintenance work. In such a case KünzlerBachmann will notify the user in advance and limit the duration of the interruption to a minimum. When sending messages, KünzlerBachmann’s obligation ends as soon as a message leaves its system in an orderly manner. In particular, KünzlerBachmann does not guarantee that the message will actually reach the recipient or that there will be no reception errors, provided that these are not due to a malfunction of the services, but to circumstances beyond the control of KünzlerBachmann. Receipt errors outside the sphere of influence of KünzlerBachmann are, for example, for emails such cases where the email is intercepted by the SPAM filter, the mailbox is full, the email address does not exist, is incorrect or is on a so-called Robinson list. For example, a reception error of SMS is outside the influence of KünzlerBachmann if the terminal device is switched off, has no network access, the memory is full, the number does not exist or is on a so-called Robinson list. The user remains obligated to pay the corresponding fee in case of receipt errors that are not within the sphere of influence of KünzlerBachmann. Under no circumstances is KünzlerBachmann responsible for the realization of the economic or other expectations of the user with regard to the sending of messages.

If KünzlerBachmann has knowledge that the email addresses uploaded by the user do not exist or no longer exist or are incorrect, these addresses will neither be imported into the distribution list nor will messages be sent to these addresses. The user acknowledges this and agrees that the knowledge gained when sending the e-mail addresses uploaded by him regarding the undeliverability of the messages may also be used for other users.

5.2 Liability of KünzlerBachmann

The following regulations concerning liability and warranty of KünzlerBachmann apply to all claims for damages and other claims of the user arising from or in connection with the use of the services, regardless of the legal basis on which they are based.

KünzlerBachmann is liable for slight negligence only in case of violation of essential obligations, i.e. obligations which make a proper execution of the contract or the purpose of the contract impossible. In all other respects the liability of KünzlerBachmann for slight negligence is excluded to the extent permitted by law.

KünzlerBachmann is liable for grossly negligent damage caused by its vicarious agents limited to the compensation of the typical damage foreseeable for KünzlerBachmann at the time of conclusion of the contract. The liability of KünzlerBachmann is limited in total to the remuneration which the user has paid to KünzlerBachmann in the last 12 months before the occurrence of damage.

The strict liability of KünzlerBachmann in the area of tenancy law and similar usage relationships for errors already existing at the time of contract conclusion is expressly excluded.

5.3 Responsibilities And Liability of the User

KünzlerBachmann has the right, but not the obligation, to monitor the content of emails or SMS that the user sends via the services. The user is solely responsible for the content of the messages.

The user is responsible for the creation and storage of backup copies of all content posted on the services and websites.

The user shall be liable for any damages incurred by KünzlerBachmann due to the user’s non-compliance with these terms and conditions as well as for any violation of a legal regulation, an official order or a provision resulting from an international agreement, unless the user is not responsible for such violation. The user indemnifies KünzlerBachmann from all damages, claims and recourse of third parties.

§6 Changes to the Terms of Use And the Offer

KünzlerBachmann may amend these TOU and its offer also with effect for already existing contractual relationships according to the procedure described below.

The User will be notified of any changes by email or directly in his account and will be asked to accept the change in order to continue to use the Services. If a change is unfavorable for the user, the user has 30 calendar days to cancel the package. If KünzlerBachmann does not receive a notice of termination within this period, the changes are considered to be approved by the user.

The TOU and the offer updated with the latest changes are always available on the website.

§7 Term, Termination

The term of the user contract is based on the package booked by the user.

Free packages do not have a specific contract term, each party can terminate the contract of use with a notice period of one day to the end of the following day.

Paid packages have a monthly or annual duration, depending on what the user booked when the user contract was concluded. During this fixed term, the contract of use cannot be terminated by either party in an orderly manner, but only for good cause.

Paid packages are automatically extended at the end of the package’s term (e.g. one month) by a further term corresponding to the initial term (according to the example: one month). Either party can prevent an automatic extension of the term by giving notice before the end of the term.

The user can cancel the user contract in his account or by email. If the user terminates a user contract for a package, the package will continue to run until the end of the term already begun and will not be renewed. Any credit balance of the user at the end of the term expires.

The right of the parties to terminate the contract of use for good cause remains unaffected. KünzlerBachmann is in particular entitled to terminate the contract for good cause if the user violates these TOU.

In case of cancellations by KünzlerBachmann, the user will be given the opportunity for 2 weeks to view the data stored on the services and to restore them if necessary.

§8 Force Majeure

The parties shall not be liable if the non-performance or delay in performance of any of their obligations is due to a force majeure event.

Force majeure is understood to be any external event which could not be prevented and which prevents one of the parties from fulfilling its obligations or makes it excessively difficult.

The following cases are considered as force majeure, without this list being exhaustive:

  • Wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism;

  • Strikes;

  • Natural disasters that lead to damage to the infrastructure at KünzlerBachmann, such as fires, storms, floods, water damage;

  • Infectious diseases or epidemics at a place of performance relevant for the provision of services, insofar as they make the provision of services impossible;

  • State or legal restrictions, legal or regulatory changes in marketing forms, cases involving the suspension, revocation or cancellation of an approval by a relevant competent authority;

  • Interruptions of the network of KünzlerBachmann, its subcontractor or its supplier due to computer failures, blockage of telecommunication means, regardless of whether these are due to external attacks, interruptions of the services by the access provider or other persons, as well as any other event which is not attributable to KünzlerBachmann, its subcontractor or its supplier and which prevents the normal execution of the services provided;

  • Interruptions in the power supply of more than 48 hours; Each party shall notify the other party of any force majeure event.

§9 Reference Designation

KünzlerBachmann is entitled to use the company name and logos of the user as reference in its communication media. The user grants KünzlerBachmann the necessary rights of use free of charge. The user can revoke this authorization at any time by email to KünzlerBachmann.

§10 Waiver

The parties agree that any acquiescence in a situation by one party does not grant the other party any rights in this respect. In addition, such tolerance shall not be construed as a waiver of any of the rights in question.

§11 Applicable Law, Place of Jurisdiction

The contract of use and these General Terms and Conditions are subject exclusively to Swiss substantive law, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with the user relationship is the state courts at the seat of KünzlerBachmann. However, KünzlerBachmann may also sue the user at his general place of jurisdiction.

ANNEX 1 - Agreement on the Processing of Personal Data

Within the scope of the services provided to the user, KünzlerBachmann processes personal data on behalf of the user.

The processing carried out by KünzlerBachmann on behalf of the user is described below:

  • Storage of contact lists uploaded by users

  • Sending messages by email or, automated or not

  • Storage and analysis of data regarding the deliverability of emails

  • Collection of logouts and information of the affected user

  • Collection of consent (if the user uses the KünzlerBachmann form to collect contact information from his own website)

In this regard, KünzlerBachmann declares that it has sufficient guarantees with regard to the implementation of appropriate technical and organizational measures, that with the processing it fulfills the requirements of the GDPR, that it guarantees the protection of the rights of the data subject and that it undertakes to comply with the following obligations:

1. Duties of KünzlerBachmann

a) User Instructions

KünzlerBachmann undertakes to process the personal data only for the purpose of providing the services according to the user’s instructions. For example, KünzlerBachmann is prohibited from giving, renting, transferring, or otherwise disclosing personal data to another person, either in whole or in part, even free of charge, and from using the personal data for purposes other than those provided for in the general terms of use.

If KünzlerBachmann is of the opinion that one of the instructions given by the user constitutes a violation of applicable law, KünzlerBachmann must inform the user immediately.

b) Privacy And Security

KünzlerBachmann guarantees the confidentiality of the personal data processed within the scope of the service. In this regard, KünzlerBachmann ensures that (i) personal data is only passed on to persons who need it, (ii) that these persons are aware of the user’s instructions and undertake to process the personal data entrusted to them only in strict compliance with these instructions and for no other purpose, (iii) that they are subject to an appropriate contractual or legal obligation of confidentiality, and (iv) that they receive the necessary training to protect personal data.

KünzlerBachmann undertakes to implement appropriate technical and organizational measures to maintain the confidentiality and security of personal data and in particular to prevent it from being falsified, damaged or passed on to unauthorized third parties and, in general, to protect personal data against accidental or unlawful destruction, accidental loss, damage, distribution or unauthorized access and against any form of unlawful processing. It is pointed out that these measures, taking into account the state of the art and the costs associated with their implementation, must ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected, in order to guarantee a level of security of personal data commensurate with the risk.

c) Reporting of Violations of Personal Data Protection

In the event of a breach of security resulting in the destruction, loss, damage, unauthorized disclosure of or unauthorized access to personal data and data processed by KünzlerBachmann, KünzlerBachmann undertakes to inform the user immediately within a period of 72 hours from the time the incident is discovered.

Under such circumstances and after consultation with the user, KünzlerBachmann undertakes to take the necessary measures to protect the data and to limit any negative impact on the persons concerned.

KünzlerBachmann undertakes to provide the user with any information and all reasonable assistance to enable the user to fulfill his obligations to notify the data protection authorities and, if applicable, the data subjects.

d) Support of the User

KünzlerBachmann undertakes to support the user as far as possible in fulfilling his own obligations. So KünzlerBachmann:

  • process the unsubscriptions from the distribution lists on behalf of the user in their own system;

  • respond immediately to any request made by the user concerning the personal data processed, in order to enable the user to respond within the time limits set to any requests made by the data subjects (right of access, right of rectification, right of destruction, etc.) and, in general, to take into account the nature of the processing and to help the user, by means of appropriate technical and organizational measures, to fulfil his obligation to respond to the requests made by the data subjects in order to exercise their rights;

  • to immediately forward to the user the requests of the data subjects regarding the exercise of their rights;

  • assist and collaborate with the user to ensure that the obligations incumbent on him/her are complied with in accordance with the relevant legal situation, and in particular help him/her to guarantee the security of personal data, fulfil the obligations incumbent on him/her in the event of a breach of data security and assist him/her in the implementation of any measures necessary prior to processing, such as carrying out an impact analysis.

e) Access to the Data / Deletion

The user can access the personal data processed by KünzlerBachmann at any time during the fulfillment of the terms of use. He can then export this data and - after termination of the contractual relationship - delete it via the website.

KünzlerBachmann undertakes to destroy all personal data within a maximum period of three months after termination of the contractual relationship. The return must be accompanied by the destruction of existing copies in the information systems of KünzlerBachmann, unless the applicable law requires their safekeeping.

2. Further Job Processing

The user is informed and expressly accepts that KünzlerBachmann may employ subcontractors within the scope of the services who have access to the personal data entrusted by the user and who will process these data on behalf of KünzlerBachmann. The list of affected job processors is

Mailprofiler Development s.r.o
Reznicka 1332/7
460 01 Liberec
Czech Republic

The partial service provided by Mailprofiler Development s.r.o. is the hosting of the KünzlerBachmann servers.

In the event of a change in the list of its order processors, KünzlerBachmann will notify the user by email or notification in the customer account, whereby the user has the option to cancel the subscription if he/she does not agree. Please note that this notification includes all information regarding possible transfers of personal data to third countries.

If KünzlerBachmann commissions further processors with specific processing on behalf of and at the instruction of the user, the same obligations regarding data protection as in these terms of use apply to the further processors, especially with regard to the provision of sufficient guarantees regarding the implementation of appropriate technical and organizational measures.

Should KünzlerBachmann be induced to make such data transfers for reasons of applicable law, KünzlerBachmann undertakes to inform the user of this legal obligation immediately before processing, unless the applicable law prohibits such information for reasons of public interest.