General Terms of Use for the Traffective-Pure-Registration service

1. Provider

Provider of the Traffective-Pure-Registration service and contractual partner of the user of this service is the

Traffective GmbH
Dachauer Str. 90
80335 Munich
[email protected]
www.traffective.com,

hereinafter referred to as “Traffective”.

2. Object of the service / services of Traffective

2.1

2.1 Traffective enables the user to access the digital journalistic offers of one or all Traffective partner publishers (hereinafter also referred to as “Publisher”) accessible via the following link as part of a paid subscription without advertising tracking.

2.2

2.2 Advertising tracking-free access means that no cookies, device identifiers and similar tracking technologies from third-party providers are used to display advertisements to users based on their usage behaviour and their presumed interests and needs. This does not prevent the Publisher itself from displaying its own advertisements and/or analysing usage by the Publisher to design the respective journalistic offering in line with its requirements. This is done exclusively under the responsibility of the respective Publisher within the framework of the statutory provisions. Further information on this may be found in the privacy policy of the respective Publisher.

3. Services of Traffective

3.1

3.1 (1) (1) After a one-time registration and authentication, Traffective provide the user with exclusive access, free of advertising tracking,

• to digital journalistic offers from Traffective partner Publishers (multi-pass subscription)

• to the digital journalistic offering of a Traffective partner Publisher selected by the user (single subscription)

in the content design provided by the respective partner Publisher under its own responsibility.

(2) The responsibility for the content of the offer lies solely with the respective partner Publisher. Traffective has no influence on this.

(3) Traffective obligates the partner Publisher within the framework of an agreement to fulfil the performance obligations arising from this contract. In case of defects in the sense of §§ 327 e-g BGB (“Bürgerliches Gesetzbuch” – German Civil Code), Traffective is obliged to inform the partner Publisher immediately about the assertion of rights. The partner Publisher is obliged, in agreement with Traffective, to remedy the defect immediately or to immediately fulfil the claimed defect rights.

3.2

3.2 For selected Publishers, Traffective also offers the user the option to subscribe to additional fee-based services of the Publisher. In these cases a contract is concluded directly between the user and the Publisher. Traffective only stores a corresponding ID of the user, which enables the Publisher or a payment service provider commissioned by the Publisher to provide the data required for payment of the respective service directly on the online offer, so that the user does not have to submit any further data.

3.3

3.3 Traffective gives users the ability to manage their profile easily and centrally via the “MyAccount” module. The user can, for example, manage and correct their master data, change their password, and view information about their contracts concluded through the Traffective-Pure registration service.

4. Registration, user agreement

4.1

4.1 The user must register to use the Traffective-Pure registration service.

4.2

4.2 The data provided during registration must be correct. In particular, the user may not enter any data of third parties or fictitious persons.

4.3

4.3 The user submits a completed registration form. Traffective will then confirm the registration on screen and/or by confirmation e-mail. This constitutes an offer to conclude this agreement on the use of the Traffective-Pure registration service. The user will receive an e-mail containing a confirmation link. By clicking on this link, the user accepts the offer, and the agreement is concluded.

4.4

4.4 Once the registration form has been received, the user will receive a confirmation e-mail. This e-mail will also contain a confirmation link. By clicking on this link, the user confirms the e-mail address. This confirmation is a prerequisite for the user to be able to register via the Traffective-Pure registration service in the future or to use services from other online offers immediately after successful registration.

4.5

4.5 Traffective is authorised to reject individual registrations without giving reasons.

5. Access data

5.1

5.1 (1) The access data (e-mail address and password) are intended exclusively for personal use by the user. The user may not pass on the access data to third parties or disclose them in any other way.

(2) If the user becomes aware of the transfer or disclosure or misuse or other misappropriation of his access data (collectively “third party use”) or if he even has such a suspicion, he is obliged to inform Traffective immediately and to change his password immediately.

(3) The user is liable for all damages caused by a third party use of the access data for which the user is responsible, as long as and insofar as the user has not informed Traffective about the loss of the access data despite knowledge or grossly negligent ignorance and has not changed his access data, in particular the password. This also applies to slight negligence.

5.2

5.2 (1) Traffective is entitled to delete the user’s access data in the event of violations of these General Terms of Use, in particular due to

• false information during or after registration and/or
• unauthorised forwarding or disclosure of access data, in particular the password,

temporarily or permanently block the user’s access with immediate effect or permanently withdraw access at our discretion and to terminate the user agreement extraordinarily and without notice.

(2) After such a case, the user may not register again without the prior express consent of Traffective. The prohibition is personal and applies to all email addresses managed by the user.

5.3

5.3 (1) Traffective may also take the measures mentioned in section 5.2 if the user’s account has been hacked or otherwise taken over by a third party or if there is reason to suspect that this may have happened.

(2) In this case, the user is entitled to log in again even without the consent pursuant to 5.3 (2), but only if the user did not enable the hacking or the transfer of his data pursuant to 5.3 (1) (1) either intentionally or through gross negligence. The right under 4.5 remains unaffected.

6. Use of the e-mail address

6.1

6.1 Traffective is entitled to use the e-mail address provided by the user during registration for direct advertising of its own similar services and to inform the user about his account within the scope of the legal permission according to § 7 para. 3 UWG (“Gesetz gegen den unlauteren Wettbewerb” – German Unfair Competition Act).

6.2

6.2 If the user does not wish to receive direct advertising (any more), he/she may at any time object to the corresponding use of the e-mail address in text form to “[email protected]” without incurring any costs other than the transmission costs according to the basic tariffs.

7. Termination of the user agreement

7.1

7.1 (1) The user agreement is concluded for an indefinite period of time. Both the user and Traffective may terminate the user agreement at any time by giving one month’s notice (but see section 6.2).

(2) In addition, both parties reserve the right to extraordinary termination for good cause.

(3) Cancellations must be made in writing, i.e. at least by e-mail.

(4) As far as a cancellation of the user agreement is also possible via the user account of the Traffective-Pure registration service, the user can also cancel the user agreement in this way.

7.2

7.2 (1) Insofar as the immediate termination of the user agreement would result in the user no longer being able to access other chargeable services booked by the user in accordance with section 3.2, the ordinary termination of the user agreement shall only be effective if the user has also cancelled or terminated the subscriptions or other term agreements with the online offers still existing at the time in question or if these have expired.

(2) This shall not apply in the event of extraordinary termination for good cause, in particular due to intentional or grossly negligent behaviour on the part of the user at the expense of Traffective or its partner Publishers.

7.3

7.3 If the user cancels this agreement, the user will still be able to log in and use the partner Publishers’ services. By concluding this agreement, the user agrees that in this case the collection and use of his/her data for the display of personalised advertising will be due as consideration instead of payment with money (payment with data in accordance with Section 327 (3) BGB). In this case, the contract is converted into the agreement available under the following link (hereinafter referred to as the Consent User Agreement).

The user will be asked for their consent to data processing for this purpose the next time they log in. If the user does not give consent, it will not be possible to use the offers of the partner Publishers. If the user gives his consent, he has the possibility to revoke it at any time in accordance with Art. 7 para. 3 GDPR In the event of exercising the right of revocation, Traffective has the right to terminate the Consent User Agreement in accordance with § 327q para. 2 BGB extraordinarily, without notice.

7.4

The user’s right of withdrawal in accordance with § 355 BGB expires in accordance with § 356 para. 5 BGB, if Traffective has started to execute the contract. The point in time at which the user activates his account by clicking on the confirmation link in accordance with section 4.4 of these General Terms of Use and thus gains access to the contents of the freechoice subscription is deemed to be the point in time at which the execution of the contract has begun

By concluding the subscription, the user expressly consents to the execution of the contract before the end of the statutory withdrawal period and acknowledges that his statutory right of withdrawal is thereby extinguished.

8. Data protection

All information on data protection can be found in the privacy policy.

9. Changes to the General Terms of Use

9.1

9.1 Traffective reserves the right to change these General Terms of Use at any time and without giving reasons. The new General Terms of Use will be sent to the user by e-mail. They are deemed to be agreed if the user does not object to their validity within one month of receipt of the e-mail. The objection must be made in text form, i.e. at least by e-mail. We will inform the user separately in the e-mail about the possibility of objection, the deadline and the consequences of failure to act.

9.2

9.2 The possibility of amending the General Terms of Use in accordance with sections 8.1 and 8.2 does not exist for changes that restrict the content and scope of the core usage options of the Traffective-Pure registration service to the detriment of the user, nor for the introduction of new obligations for the user that were not previously included in the General Terms of Use.

9.3

9.3 If the user objects to the amendment of the General Terms of Use, both Traffective and the user have the right to terminate the user agreement by ordinary cancellation.

10. Applicable law

The User Agreement and these General Terms of Use, including their interpretation, shall be governed exclusively by the laws of the Federal Republic of Germany. The application of German and European private international law and the UN Convention on Contracts for the International Sale of Goods is excluded, unless their application is prescribed by law.

Status: July 2022