“Themennetzwerke” is an interactive online offering and social network of apm³ GmbH (Am Mühlenturm 74, D-46519 Alpen), hereinafter also referred to as “Themennetzwerke”). Accordingly, the user concludes the contract on the use of the theme network. The user has the possibility to register, to publish information about himself, to build up a contact network consisting of members, to search for other persons (members/users) within the platform as well as to use many more functions.
1. subject matter of the contract, scope, amendment
The operator offers a professional social network on the Internet platform themennetzwerke.de, through which registered users can contact and communicate with each other for the establishment and maintenance of professional networks.
The following terms and conditions conclusively regulate the contractual relationship between Themennetzwerke and the respective user and apply exclusively. Any terms and conditions of the user that conflict with or deviate from these terms and conditions shall not be recognized unless Themennetzwerke has expressly agreed to them in an individual case.
The contract is concluded by the complete and truthful registration on the website of Themennetzwerke. When registering, the user selects a , with which he can create his user profile in accordance with section 3 of these terms and conditions. Furthermore, he states his first and last name as well as his date of birth.
2. registration and use
2.1 In order to use the services of Themennetzwerke, registration on Themennetzwerke website is required. When registering, the user must provide his data completely and truthfully. The user must be a natural person and over the age of 18. Themennetzwerke has the right to request appropriate proof of the personal details provided. The user may only register once on the Internet platform and thus only maintain one user profile.
2.2 By completing the registration process, the User makes an offer to enter into a contract of use for the services of the Themennetzwerke website. Themennetzwerke accepts this offer by activating the user for the registered services. Only with the activation by Themennetzwerke the contract is concluded. The user has no right to conclude a user contract.
3. duties of the user
3.1 The user can create his own user profile after complete registration and activation by Themennetzwerke. The user undertakes to provide truthful information when creating and structuring his own user profile.
3.2 The user assures that he/she does not violate any rights of third parties, in particular copyrights or ancillary copyrights of the photographer, with the posted images, texts and other information and that he/she has obtained all necessary consents of the rights holders for the publication.
3.3 All information of the user (his user profile) is stored in a central database of Themennetzwerke. The User agrees that his/her data may be viewed by users of the Website and that they may send him/her contact requests. In addition to the user names, another user can only access profile information of a user that the user has marked as “public”.
3.4. Furthermore, the user undertakes to observe the applicable laws and all rights of third parties when using the content and services on the Theme Network Website.
3.4.1 In particular, the user is prohibited from,
use insulting or defamatory content
use pornographic content or content that violates the laws for the protection of minors or to advertise, offer or distribute pornographic products or products that violate the laws for the protection of minors,
harass other users unreasonably (in particular through spam) (cf. Section 7 of the Unfair Competition Act UWG),
use content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so, or advertise, offer or distribute goods or services protected by law, as well as
Engage in or promote anti-competitive acts, including progressive customer solicitation (such as chain, snowball or pyramid schemes).
3.4.2 In addition, the user must refrain from the following harassing actions, even if they do not specifically violate any laws:
Sending chain letters,
Sending identical private messages to multiple users at the same time,
Conduct, advertise, and promote structural sales activities; or
lewd or sexually suggestive communication (explicit or implicit).
3.4.3 The following actions are prohibited for the user:
Distribution and public reproduction of content from the Themennetzwerke website or from other users,
any action that is likely to impair the functionality of the Themennetzwerke infrastructure, in particular to overload it.
4. rights of Themennetzwerke
4.1 Themennetzwerke reserves the right, but is not obligated to do so, to check images, profiles and other contributions at any time and without stating reasons and to remove them and block the user profile in the event of a violation of these terms and conditions.
4.2 The user transfers to Themennetzwerke the right to publish the images, texts and posts provided in the user profile on www.themenentzwerke.de.
5. contract term, cancellation, termination
5.1 The membership contract shall run for an indefinite period and may be terminated at any time without notice. The cancellation can be made by e-mail, which should contain the username and the e-mail address deposited with the operator, or via the contact form.
5.2 The right to extraordinary termination without notice for good cause shall remain unaffected.
5.3 If there is an important reason for termination, Themennetzwerke may also impose the following sanctions on the user:
Deletion of content posted by the user
Deletion of the profile of the user
Blocking access to the services of the Themennetzwerke website.
5.4 The contract ends automatically with the deletion of the profile regardless of whether the user or whether Themennetzwerke has deleted the profile.
6. liability of Themennetzwerke
6.1 Themennetzwerke shall be liable without limitation for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, limb or health.
6.2 Themennetzwerke shall only be liable for other damages if an obligation is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the user may regularly rely (cardinal obligations).
6.3 In all other respects, liability is excluded. Themennetzwerke is not liable in particular for:
the accuracy and completeness of the information in the user profiles of the users;
the alteration, processing, copying or distribution of images and other contributions by other users;
6.4 The aforementioned liability regulations also apply to the vicarious agents of Themennetzwerke.
7. responsibility for contents, data and/or information of the users
7.1 Themennetzwerke accepts no responsibility for the content, data and/or information provided by users of the Themennetzwerke website or for content on linked external websites. In particular, Themennetzwerke does not warrant that such content is true, has a particular purpose or can serve such a purpose.
7.2 As far as the user notices a use of the Themennetzwerke website that is contrary to the law or to the contract, he can report it using the form accessible on the Themennetzwerke website from any page.
8.2 Insofar as claims are made against Themennetzwerke by third parties due to illegal actions of the user – in particular in the area of data protection, trademark, copyright and competition law – the user undertakes to indemnify Themennetzwerke against all justified claims and to bear the reasonable costs incurred as a result of the claim or removal of the illegal condition.
9. rights to content
9.1 By posting contributions on www.themennetzwerke.de, the user grants Themennetzwerke an unlimited, irrevocable and transferable right of use to the respective contribution, which entitles Themennetzwerke to any kind of exploitation, in particular to permanently maintain the contribution on the Themennetzwerke website.
9.2 Themennetzwerke thus has the right to use all contributions to the discussion forums it operates. The copying, downloading, distribution, dissemination and storage of content from the Themennetzwerke website is not permitted without their express consent.
10. final provisions
10.1 Should individual provisions of this contract be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.
10.2 Unless otherwise agreed, the user may submit declarations to Themennetzwerke by e-mail at email@example.com or using the at https://themennetzwerke.de/en/contact/ or send them by letter. Themennetzwerke may transmit declarations to the User by e-mail or letter to the address that the User has specified as the current contact data in his user account.
(Status of development as of 02.02.2021)
With your consent to these data protection provisions, which is required for registration on Themennetzwerke, you consent to the collection, processing and use of your personal data as described below, which takes place in the context of the establishment, implementation and processing of your user relationship.
1. minimum age for registration on Themennetzwerke
Registration with and use of Themennetzwerke is permitted exclusively to persons of legal age. Minors are not allowed to register and use . Exceptions, especially for persons in a training relationship, are possible in individual cases.
2. your data collected by us as well as the type, purpose and legal basis of processing and use
2.1 Data to be provided by you upon registration
When registering on Themennetzwerke, you must specify . In addition, you must provide your first and last name and date of birth. A username will be generated for you automatically.
Your password and email address are not viewable by others, and we will not share them with anyone. We use your e-mail address to be able to contact you. You can change your password and email address at any time, but not your username.
This data is needed so that you can use the services of Themennetzwerke. The collection and processing of this data is therefore based on Art. 6 para. 1 lit. b) DSGVO. This data is stored for the period of time for which you have an account with Themennetzwerke. Once you delete your account, your email address will also no longer be stored.
2.2 Other data that you can provide voluntarily
You can voluntarily provide additional information when registering – but also later (hereinafter referred to as “voluntary information”). This can be, for example, information about your professional activity, your qualifications or your interests. You can also upload a profile photo of yourself. You can change or delete your voluntary data at any time. The legal basis for the collection and processing of your voluntarily provided data is your consent.
2.3 Your profile page
You agree that upon completion of your registration, a profile page will be created for you under your username, which will also list any voluntary information you may have provided and display any profile picture you may have uploaded.
You further agree that you can be found under your username via the search function of Themennetzwerke and that your profile page can be viewed by other persons in accordance with the privacy settings you have defined for your account (hereinafter referred to as “Privacy Settings”). The initial default setting after you complete your registration is that your profile page is not viewable by anyone except contacts confirmed by you on Themennetzwerke . You can change your privacy settings, for example. change your profile page so that it can be viewed by all other users of Themennetzwerke, or so that your profile page can also be viewed by anyone outside the circle of users of Themennetzwerke and can also be found via search engines on the Internet . The legal basis for the collection and processing of your personal data in connection with the profile page is your consent.
2.4 Your content and comments
After completing the registration, you can add content, such as. Post status messages or images on Themennetzwerke. The content you publish is displayed in chronological order with time information on your profile page. So people you allow to access your profile page can also view your content.
You agree that the content you publish on your profile page may be viewed by the groups of people you select in your privacy settings. You can also post comments on profile pages or on other users’ content, which will be displayed there under your username. The date and time of your comment will also be included here.
You agree that comments you post on profile pages or on other users’ content may be viewable there under your username according to the privacy settings chosen by the respective other users. The privacy settings chosen by these other users may be less restrictive than those chosen by you. If you publish comments on profile pages or on content of other users, then these comments together with your user name may therefore also be visible to groups of people who do not otherwise view your profile page and your content.
You can use the content you publish on Themennetzwerke, for example Delete status messages or pictures and your comments, on profile pages or on content of other users at any time. The legal basis for the collection and processing of your personal data in connection with content and comments is your consent.
2.5 Other privacy settings
You can make even more settings in your privacy settings. So you can e.g. determine whether – and if so, for whom – it is visible which other users have confirmed you as a contact . You consent to your information being viewable by others generally in accordance with the privacy settings you choose.
2.6 Log files (log file)
Every time you visit a website, your browser automatically sends certain information to the server of the website, which then stores it in a so-called log file. These are for example Information about
the type and version of the browser you are using,
the operating system you are using,
the website from which you came to the current page,
the host name (IP address) of your computer and
the time at which the call was made.
Subject to any statutory retention obligations, we delete or anonymize your IP address after you leave the Internet pages of Themennetzwerke.
In addition, we use the information transmitted by your browser to our servers in anonymous form – i.e. without it being possible to draw any conclusions about you – to analyze and improve our services. In this way we can e.g. detect possible errors or determine on which days and at which times Themennetzwerke are used particularly heavily. Anonymized data is no longer personal data.
The legal basis for the collection and processing of the information stored in a log file is Art. 6 para. 1 lit. b) DSGVO.
Cookies are very small text files used by Internet sites that your browser stores on your computer. So-called “session cookies” are temporarily stored in the working memory and automatically deleted when the browser is closed. So-called “permanent cookies” are stored on the hard disk for a specified longer period of time; they are automatically deleted after the respective specified period of time has expired.
You can set your browser so that it generally does not accept cookies, or only accepts them after explicit confirmation by you. You can easily find out how this works by using the help function of your browser. However, if your browser does not accept cookies, the functionality of Themennetzwerke may be limited or unavailable.
3. transmission or disclosure of your data to third parties
As a matter of principle, we do not transfer your data to third parties without your consent.
However, a technical transfer may take place if and to the extent that this is necessary for the operation of Themennetzwerke or for other reasons for the establishment, implementation or processing of your user relationship with us. This may be the case, for example, if Themennetzwerke is hosted by an external service provider, i.e. an external service provider operates the servers for Themennetzwerke. Unless this is a commissioned processing, the transfer is based on Art. 6 para. 1 lit. b) DSGVO.
In addition, we may be required by law to disclose data in individual cases by order of a competent authority if and to the extent that this is necessary for the purposes of law enforcement, to avert danger by the police authorities of the federal states, to fulfill the statutory duties of the federal and state authorities for the protection of the constitution, the Federal Intelligence Service or the Military Counter-Intelligence Service, or the Federal Criminal Police Office as part of its duty to avert the threat of international terrorism or to enforce intellectual property rights.
4. protection of your data
To save your data e.g. against manipulation, loss and unauthorized access by third parties, we use technical and organizational measures to ensure an adequate level of protection for your personal data. These measures include the use of firewalls and antivirus programs, as well as manual security precautions. We continuously review and improve our security measures in line with the current state of the art. In addition, in line with the principle of “privacy by default”, the strictest privacy settings are already in place when you first log in .
6. your rights
You can first request information from us as to whether personal data relating to you is being processed. If this is the case, you have a right to information about this personal data and further information. Such information shall include the purposes of the processing, the categories of personal data, the recipients or categories of recipients, if possible, the envisaged duration of the processing or otherwise at least the criteria for determining that duration. In addition, you have a right to know that you have a right to rectification, erasure of personal data concerning you, restriction of processing, objection to data processing and a right to lodge a complaint with a supervisory authority.
If we do not collect personal information directly from you, you have a right to all available information about the source of the data.
We will gladly provide you with a copy of your personal data that we process free of charge. If you request additional copies, there will be a reasonable charge for each additional copy equal to the administrative cost.
Consents to the collection, processing and use of your personal data, which you have given to us by agreeing to these data protection provisions, may be revoked in whole or in part with effect for the future. The same applies to any subsequent, further-reaching consent to the collection, processing or use of your personal data. The consequence of such a revocation may be that you can no longer use Themennetzwerke or can only use them to a limited extent.
You may also request the correction of inaccurate data at any time, which, taking into account the purposes of processing, also includes the completion of incomplete data. In addition, you can also exercise your right to erasure or request the restriction of processing. You can also delete your data yourself at any time by deleting your account on Themennetzwerke: To do this, please go to your account, click on the link “Profile ” and follow the instructions there. Your account – i.e. your profile page and the data we have about you – will be automatically deleted in this case. You can also manually delete your content and comments yourself at any time.
Furthermore, you have a right to data portability. This means that upon request, we will provide you with the personal data you have provided to us in a structured, common and machine-readable format. You have the right to transfer this data to another responsible party without hindrance from us.
You have the right to object to data processing and the right to lodge a complaint with a supervisory authority.
Please feel free to contact us e.g. by e-mail at firstname.lastname@example.org, by telephone at +49 (30) 2100548 – 10 or by post at apm³ GmbH (Am Mühlenturm 74, D-46519 Alpen). We may require proof of your identity before implementing your request. This serves to protect your data from manipulation or deletion by third parties.
However, if and insofar as statutory retention rights or obligations exist, we will block the corresponding data for further use.
If you have commented on other users’ content, then when we delete your account we will remove your username from those comments. The comments as such will not be deleted. However, before deleting your account, you always have the option to manually delete your comments yourself.
7. analysis tools and advertising
7.1 Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics allows the website operator to analyze the behavior of website visitors. In doing so, the website operator receives various usage data, such as page views, duration of visit, operating systems used and origin of the user. This data may be summarized by Google in a profile that is assigned to the respective user or their end device.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is usually transferred to a Google server in the USA and stored there.
The use of this analysis tool is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its web offering and its advertising. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
Browser Plugin You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Order processing We have concluded an order processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Storage duration Data stored by Google at user and event level that is linked to cookies, user identifiers (e.g. User ID) or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) is anonymized or deleted after 14 months. For details, please see the following link: https://support.google.com/analytics/answer/7667196?hl=en
8. responsible body, data protection officer and contact
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses or similar):