General Business and Licence Terms
Terms of oneclick AG
Version 2020-04-01

1. Scope
1.1 These General Business and Licence Terms (hereinafter “GBLT”) apply for all current and future services that oneclick AG, CH-8008 Zurich, Switzerland (hereinafter “oneclick”) provides for a Customer (“Customer” means the legal entity or individual person that has ordered the services from oneclick. Those who place orders for a legal entity herewith confirm that they are permitted to act on its behalf).
1.2 Business Terms of the Customer only apply if they have been accepted by oneclick in writing.
1.3 These GBLT apply equally to indirectly entered business relationships, for example, those through a sales organisation of the oneclick group.
1.4 By using the website https://oneclick.services/, its Terms of Use apply subsequently.
1.5 The Customer is obliged to impose the contractual obligations resulting from the contractual relationship with oneclick upon its employees as long as they also use the Service offering of oneclick (“User“).
1.6 As an overview reference is made to the following additional terms and conditions which are applied and therefore form integral part of the contract (the clauses in brackets refer to the corresponding section in these GBLT):
– Terms of Use of “oneclick.services” (1.4; 14.2; 17.1)
– Data Privacy Statement (18.2)
– General Service Level Agreement SLA (12.2)
1.7 All valid terms, agreements and other documents relating to these General Business and Licence Terms (GBLT) can be viewed in their respective current applicable version online at https://oneclick-cloud.com/en/general-business-and-licence-terms/

2. Our Service
2.1 oneclick provides the services indicated in the respective offer/order to the Customer and makes the listed goods, software and hardware as well as carrier networks available, if necessary as an agent (hereinafter “Service(s)”).
2.2 oneclick is authorised to utilise third parties to provide the Service (“Auxiliary Persons“). The Customer is only allowed to object to the Service provision by a third party if there is an important reason.
Upon request of the Customer all Auxiliary Persons involved in the Service will be disclosed. oneclick obliges its Auxiliary Persons to comply with the agreements entered into with the Customer (e. g. with regard to the SLA and the data protection requirements).
Any changes relating to the involved Auxiliary Persons will be communicated to the Customer beforehand (but only in case such change is relevant for the Customer).
2.3 oneclick is permitted to amend the facilities it employs for delivery of the Service at its own discretion as long as it is expected that this will not impact performance.
2.4 Illustrations and indications in catalogues are only approximate as long as they have not been termed expressly as binding. Even after order confirmation we reserve the right to make technical improvements or adjustments of the respective valid technical or design standard, make amendments to models, constructions or equipment, as long as the contract object does not experience any unreasonable changes for the Customer.
2.5 If oneclick procures the Services of third parties, then a contractual relationship is concluded exclusively between the Customer and the Third Party according to the respective Business Terms & Conditions of the Third Party. oneclick is only responsible for the Service it provides.

3. Order, Order Acknowledgement and Confirmation
3.1 oneclick Services can be ordered mainly via our authorised Distribution-Partners and Resellers. A list of our Distribution-Partners and Resellers as well as information about becoming a Distribution-Partner or Reseller of oneclick can be found online at https://oneclick-cloud.com/ or requested at support@oneclick-cloud.com
3.2 Project businesses and further products may also be subject to additional (written) agreements and despatch conditions, which proceed these GBLT.

4. Time of Delivery
4.1 Indications to delivery and supply times are non-binding, as long as oneclick has not agreed this expressly and bindingly. Fixed dates require an explicit written agreement.
4.2 Delivery and service deadlines are met if oneclick starts with the delivery or the supply of a Service within the agreed term.

5. Use of the virtual desktop
5.1 A personalised web access enables the access to and/or the use of the Services, whereas access is made via the website https://oneclick.services/ (“oneclick Platform”). The Customer requires a browser as well as an internet connection to access the oneclick Platform. The Customer alone is responsible for the access to the oneclick Platform (e. g. operational capability of the browser and internet connection).
5.2 Prior to the use of the oneclick Platform and/or ordering the Services, the Customer has to inform himself, using existing product descriptions, about the Services and products to ensure that they correspond with his needs. If in doubt, he has to seek expert advice before using the oneclick Platform and/or ordering any Services.
5.3 The Customer is obliged to make appropriate provisions in case that the products used by him do not work properly at all or in part, for example by backing up data or regular checks of the work results.
5.4 The Customer declares that he is aware that software is never completely without errors. It is the parties’ understanding, that the software is free of defects if it meets the intended use agreed by contract at the time of granting the licence. Limited functionality of the software that results from hardware faults, environmental conditions, user error etc is not a defect. An insignificant quality reduction will not be considered.

6. Delivery of Ordered Software
6.1 After order acceptance, the Customer will be given access to use the oneclick Platform. The Customer has the right to access the oneclick Platform with various end devices.
6.2 For the use of the oneclick platform and insofar as software products are provided to the Customer by oneclick, or the Customer is enabled to use software products within the scope of Services, the Customer generally has the non-exclusive, non-transferable, non-sublicensable right, limited to the term of the agreement, to use the oneclick platform and software products in unmodified form. Should oneclick carry out customer-specific adaptations to the oneclick platform or software products and develop additional functions, all further copyrights and industrial property rights associated with this arise and remain with oneclick.
6.3 If oneclick provides the Customer with third party software products, then the respective licence terms of the third party or vendor apply. It is the Customer’s responsibility to check the relevant licence terms and/or comply with the contractual and legal obligations of a third party.
6.4 oneclick informs the Customer about the license terms of software products ordered and makes them accessible in the ordering process. This does not release the Customer from reviewing, examining and complying with such third party license terms.
6.5 No copyright and commercial property rights are transferred with regard to the software. They remain with the original copyright holder. In particular, the Customer has no entitlement to disclosure of the source code.
6.6 As long as no separate agreement has been made, no additional rights to the software products are transferred to the Customer, besides as mentioned earlier.
6.7 The licence agreement of the manufacturer, as well as the software documentation, are at any time accessible via the trading platform of oneclick’s Distribution-Partner or Reseller and/or the provider/vendor, as long as this has been made available by the manufacturer.

7. Payment Terms
7.1 oneclick generally provides its Services on a subscription basis. The payment methods are indicated during the order and are to be confirmed by the Customer.
7.2 All mentioned payments are net payments and subject to the statutory rate of value added tax (VAT) which will be added. oneclick can pass on any increase of the statutory VAT rate to the Customer, which will increases the gross payment due.
7.3 Any increase of the statutory VAT and the subsequent increase of the gross payment does not entitle the Customer to an extraordinary termination of the contract.
7.4 The Customer is liable for all fees, duties and taxes, resulting from the contractual relationship. If demands are made of oneclick for such fees, duties and taxes, then the Customer will indemnify and hold oneclick harmless.
7.5 All invoices become due according to the terms mentioned in the offer / order. An invoice that is made available in the trading platform of oneclick’s Distribution-Partner or Reseller and/or provider/vendor is deemed to be delivered from the date of availability for the Customer.
7.6 oneclick is entitled to make the Service delivery dependent on an appropriate amount by prepayment, deposits or provision of other collateral by the Customer.

8. Late Payment
8.1 A payment is seen to be made on the day that it is available to oneclick.
8.2 Should the Customer’s late payment exceed 30 days, oneclick is authorised to stop all Services. In this case, oneclick is also entitled to request payment due for any Services already provided, regardless of any possible payment terms. oneclick cannot be made liable for any possible damages due to Service cessation.
8.3 If the Customer’s payments are delayed, oneclick is entitled to pass on statutory late payment interests and all required costs associated with collecting the payment.

9. Offsetting, Assignment, Disposal
9.1 The Customer can only offset with claims recognised or undisputed by oneclick or which are found legal.
9.2 The Customer can only claim a right of retention if applicable laws exist, and only with regards to the respective part of the contract.
9.3 The Customer can only assign claims to a third party arising from this contract with the prior written agreement of oneclick. oneclick will not refuse its agreement without a factual reason.
9.4 Each disposal of the existing rights or duties that arise due to the contractual relationship require the prior written agreement of the respective other contractual partner. However, oneclick is authorised to transfer the contractual relationship also without agreement of the Customer to another organisation which is part of oneclick’s Group of Companies.

10. Data of the Customer
10.1 The Customer maintains the rights and responsibilities to all data and content, which he produces, saves, transmits or administers using the oneclick Platform (“Data of the Customer”). oneclick will only access or process this Date of the Customer in case this is necessary to provide the Services or if directed by the Customer (e. g. for Support). Data of the Customer can also be accessed if this is requested due to an agreement, guideline or applicable laws.
10.2 The Customer is solely responsible to comply with all contractual and legal commitments regarding his Data.
10.3 oneclick applies appropriate technical and organisational security measures to guarantee the protection of the Data of the Customer.
10.4 oneclick with its Services and products enables the Customer to process the Data of the Customer. Without explicit written order of the Customer (and its acceptance by oneclick), oneclick will not provide any additional services with regard to processing the Date of the Customer, and in particular no commissioned data processing (inter alia collection, processing and usa of data) is being provided on behalf of the Customer.

11. Data Storage
11.1 The following provisions of this Clause 11. shall only apply in case oneclick holds data upon the Customers request (in its own data centres or those of third parties).
11.2 Data storage and/or execution of computing tasks are generally made in the registered region of the Customer and/or user. For the minimisation of latency, the user may possibly have the opportunity to move along his applications in closer data centres due to his own geographic location and/or movement. The flexible use of different data centres has to be activated explicitly in the user profile or the oneclick Platform.
11.3 The data is stored in one or several of our own data centres, or data centres rented and operated by us. All of the data centres used by oneclick are operated at high availability. Backups as well as disaster recovery follow internationally recognised standards as well as according to a respective agreement with the Customer.
11.4 In case data is held in a data centre not operated by oneclick, all necessary details about the Auxiliary Persons and the data centre, respectively, will be provided to the Customer. oneclick will oblige an involved data centre to comply with the agreements made with the Customer (e .g. with regard to data privacy regulations).
11.5 oneclick upon first request of the Customer will transmit data held on behalf of the Customer, in the form required, to any destination provided by Customer. The re-transmission of the data will be made within reasonable time. The Customer’s right to have his data (re-)transmitted is valid at all times and regardless of the continued existence of an agreement with oneclick or the extraordinary termination of such agreement (e. g. because of insolvency).
Furthermore, the Customer at any time may request the irrevocable deletion of his data.
11.6 oneclick waives any withholding and retention rights with regard to data and any use or liquidation of Data of the Customer is excluded, even in case of insolvency.

12. Defects and/or Defect Repair (Support)
12.1 oneclick commits itself to a professional delivery of the contractual Services and/or their execution. If oneclick provides the Service not at the scheduled time or only inadequate, that means with significant deviation of the agreed quality standards, then oneclick is obliged to remedy the defects and provide the Service correctly and without defects within an appropriate period of time by either restoring the Service in question or carry out the necessary rectification work. The only legal claim of the Customer within this obligation is Service restoration.
12.2 With regards to Support, in the case of defects and/or errors applies the respective current general or an individual service level agreement (entered into between the Customer and oneclick), which we herewith refer to.
12.3 The Customer has to send an immediate written notification about defects that have become known to him. The Customer will bear the additional cost of the defect repair caused by a delayed notification. A defect notification has to be written as detailed as possible.
12.4 On demand by oneclick, automated forms have to be used for defect notification. If these are not used, oneclick is allowed to suspend the repair of defects until the form is presented.
12.5 As chosen by oneclick, rectification will be done by (1) removal of the defect; (2) delivery of a programme that does not contain the defect; (3) demonstration of ways how to avoid the defect; (4) instruction how to deal with the defect by telephone, in writing or electronically; (5) an equivalent new programme version or equivalent previous programme version that does not contain the defect.
12.6 The right to withdraw in lieu of performance applies only in case of substantial defects. Then, where applicable, oneclick will refund prepayments proportionately.
12.7 Costs incurred by oneclick through rectification in another location due to an alternative delivery address are to be borne by the Customer.
12.8 oneclick is permitted, in case of a justified withdrawal by the Customer, to demand a reasonable monetary compensation for the use made up until rescission.
12.9 If it transpires, that a Customer’s defect notification was clearly unjustified, then oneclick is authorised to demand the expense incurred according to the respective valid price list of oneclick.
12.10 If defectiveness is due to interaction of the Customer or a breach of an important obligation on behalf of the Customer, any duty to remedy defects free of charge is excluded. In these cases, despite possible limitations, the Services carried out by oneclick are nevertheless deemed to be provided as per contract. On request by the Customer, oneclick will undertake defect removal that is subject to a charge.
12.11 As long as oneclick only acts as an agent for the sale of software of third party providers, then the Customer only has warranty rights regarding the defects against the third party provider according to their regulations regarding warranty rights and defects, but not against oneclick. The Customer cannot assert any other claims furthermore. In particular, oneclick accepts no liability for products of third party providers.
12.12 In turn, the previous regulations apply with regards to defects of title.

13. Third Party Property Rights / Open Source Software
13.1 If property rights of third parties are violated, then oneclick can, as an option, rectify as follows: (1) From the holder of the property right, oneclick acquires a sufficient right to use for the benefit of the Customer for the purpose of this contract; (2) The software that infringes property rights will be amended or exchanged against a software, that when used as per contract, does not infringe any property rights, without or only acceptable impact on functionality for the Customer; (3) oneclick provides a new programme version that, when used as per contract, does not infringe the property rights of third parties.
13.2 With regard to licenses used for the provision of the Service, the Customer shall be indemnified by oneclick from all claims of third parties.
13.3 Open source software is used in connection with the provision of Services. The respective and relevant terms of use apply, which are published by oneclick at https://oneclick-cloud.com/. The used open source software is expressly not subject to any user limitations on the part of oneclick.

14. Warranty and Liability
14.1 oneclick’s warranty is governed by legal regulations and/or the assured properties of the performed Service by oneclick.
14.2 Furthermore, limitation or exclusion of liability applies according to the respective up to date Terms of Use by oneclick.services of oneclick AG, that we herewith refer to.
14.3 Liability for called upon auxiliary persons is excluded according to Art. 101 Para. 2 Swiss Code of Obligations.

15. Commencement, Duration, Termination
15.1 The contractual relation takes effect on the date of the despatch or the separate receipt or delivery statement with regards to the order, as long as no deviating contractual start has been arranged in the attachments and enclosures.
15.2 The contract duration indicated in the offer / contract applies. If no contract duration is indicated, the period of notice is 14 days to the month’s end.
15.3 The right to extraordinary termination remains unaffected. In particular, oneclick is authorised to an extraordinary termination when the Customer, despite reminder, is more than four weeks late with due payments resulting from this contract.
15.4 Each termination initially becomes effective only in relation to the respective Service component. If after termination of one or several Service components, it becomes unacceptable for the other contractual party to deliver the remaining Service components, and within four weeks after receipt of the individual termination, then the complete contractual relationship can be terminated.

16. Written Form / Delivery
16.1 All important contractual declarations (e. g. terminations, setting of deadlines) have to be in writing to be effective. The written form is also ensured by sending an email or telefax.
16.2 All information and documents (e. g. invoices), which are made available to the Customer by oneclick in the oneclick Platform, or in the trading platform of oneclick’s Distribution-Partner or Reseller and/or provider/vendor, will be deemed delivered from the point of availability to the Customer.

17. Contract Components and Appendices
17.1 Further terms can arise from documents that due to the use of Services become applicable, such as for example the Terms of Use of oneclick.services, or the appendices or order documents that become part of the respective contractual relationship. This includes other terms of business and, in particular, licence agreements with third party providers. By referring to appendices, they become a component of the contract.

18. Contact Partner, Data Protection
18.1 The Customer agrees that all contact information is made accessible also with regard to other possible or necessary contact persons of Customers, as part of the cooperation with oneclick and their associated companies, and that this data can be processed and used. In this context, oneclick will process and use all contact information for the intended purpose in line with applicable data protection regulation and electronic communication. If required due to regulations concerning data protection and electronic communication, the Customer ensures that he has or will obtain the prior agreement of the contact person and inform them accordingly. Herewith the Customer ensures that oneclick and their associated companies can process and use the contact information in line with the intended purpose and are able to contact the contact person, for example also per email.
18.2 Furthermore, the Data Privacy Statement of oneclick AG applies, that we herewith refer to.

19. Amendments and Adjustments
19.1 oneclick may at any time implement changes and adapt these General Business and Licence Terms (GBLT) as well as any other integral parts of the contract (collectively “Terms”). The Customer will be timely notified of any such changes and the date of enactment of such changes will be duly announced. With publication of the changes and the continued use of the Services the amended Terms become effective as from the effective date. In case of substantial changes of the Terms, the Customer will be informed at least 30 days prior to the effective date. In case the Customer does not contradict such new Terms within 30 days this is considered as explicit consent to the amendments and adjustments made.
19.2 The parties may (upon request of one of the parties) agree on provisions deviating from these GBLT (as well as the further terms and conditions). For the validity of such agreement the written form is mandatory.

20. Final Provisions
20.1 Should individual terms of these General Business and Licence Terms become invalid or ineffective, then this does not impact the validity of the remaining terms. In such a case the invalid or ineffective term is to be replaced by a new regulation that corresponds with the economic purpose and applies from the start of the ineffectiveness.
20.2 In case of terms that are essential or otherwise cannot be omitted without jeopardising the contract purpose, the contractual parties commit themselves to interpret or correct the General Business and License Terms in a way that takes the intended purpose of the ineffective regulation into account or to replace it with another, effective and enforceable regulation, so that its economic and legal purpose is reached as close as possible.
20.3 This contract is subject to Swiss Law to the exclusion of the UN purchase law.
20.4 Place of jurisdiction is the registered office of oneclick AG.
20.5 For Customers with domicile or registered offices in Germany, German law will be applied and place of jurisdiction shall be the place of residence or registered office of the Customer, despite the above terms.


General Service Level Agreement (“SLA“)
of oneclick AG, CH-8008 Zurich (hereinafter “oneclick”)

Version 2019-09-01
Preamble
This General Service Level Agreement (“SLA“) describes the quality parameters, that oneclick aims for regarding the services on offer (hereinafter “oneclick.services“). This SLA also defines the support for services offered by oneclick and used by the customer.

Support Contacts
Email: support@oneclick-cloud.com
Telephone: +49 8051 939 7575

Calling from Germany, Austria and Switzerland (DACH): FreeCall 0800 150 24 00
Calling from the United Kingdom: FreeCall 0808 14 33 671
Scope
This SLA applies to all oneclick customers, unless a customer has agreed an individual Service Level Agreement with oneclick (see clause 12.2 of the General Business and Licence Terms). It does not apply to infrastructure and software products of third parties, which are made available or usable to oneclick’s customers (see clause 12.11 of the General Business and Licence Terms).
The following conditions have to be met by the customers in order for oneclick to provide its support:
The customer contact information is up to date. It is sufficient to send the up to date contact data by email to the oneclick helpdesk at support@oneclick-cloud.com.
The customer has fulfilled its payment obligation towards oneclick and has not defaulted on any payments to oneclick. A valid withheld payment by the customer is not considered a default for the purpose of this agreement.
The affected service requiring support needs to be set as ‘active’ in the customer’s subscription status.

A. General
General Security Measures
oneclick ensures that its own platform infrastructure will fully meet the contractual agreements regarding service and availability and that the complete platform infrastructure, in each case, will be kept up to date with the latest technology and secured physically. For this purpose, the following measures are taken for the availability and security of our platform infrastructure and/or oneclick.services. For the operation of its platform, oneclick counts on certified Tier X computer centers.

General Quality Assurance Measures
The following measures are taken by oneclick for quality assurance of the platform operation under oneclick.services:

Pro-active network monitoring (System Management Center)
Route redundant internet connections
Segmentation of the network in protected and public areas
Deployment of firewall systems and intelligent monitoring system for protection
DDoS protection
Back up of the systems

General Maintenance Work Information
Within the scope of software maintenance, oneclick ensures the smooth operation of oneclick.services. If possible, oneclick will carry out maintenance works outside of the normal business hours (at the location of oneclick AG) or during off peak hours or at night and to keep unannounced business interruptions to a minimum.

Ongoing Development / New Versions
oneclick.services is permanently developed further. The ongoing development includes for example maturity of existing features, functional expansion and adaptation to technological changes. By paying the (subscription) fees, the customer receives access to the latest version of oneclick.services.

B. Support
oneclick’s Support Structure
Highly specialised team of engineers and developers with extensive experience of operating platforms, virtualisation and programming
24 x 7 x 365 support availability for system critical downtimes
Access to the product support portal with up to date documentation and FAQ database
Cutting edge support centre for fast and efficient delivery of enquiries
Telephone support in English and German


Priority Levels (Severity Levels)
Errors can be caused in particular by oneclick components, components by third parties, system components or disturbances in the general network stability in the internet. Despite these factors oneclick always strives to guarantee the operation of oneclick.services. In the case of an error, the enquiry is prioritised (Severity Level) by mutual agreement together with the authorised client support contact. The following classification guidelines apply:

Severity Level 1 – A critical problem has occurred. The system is down completely and therefore important business processes of the customer are no longer running. There are no options to bypass the problem. An immediate solution is required.
Severity Level 2 – Important functions are no longer available and operation is severely restricted. A solution is required urgently.
Severity Level 3 – Individual less important functions are no longer available, or important functions are only available by bypassing the problem. A solution is required.
Severity Level 4 – This is an enquiry for a change request or a service question.

Support Programmes (Support Tiers) / Response Times
The detailed description of the individual support programmes is enclosed in the appendix to this SLA. The support programmes are summarised in the following table:




Support Programme Bronze Silver Gold Platinum
Platform availability 99% 99,5% 99,5% 99,9%
Help desk availability (h x d)* 8×5 8×5 10×5 10×5
Available from license quantity 1 25 100 250

Response Times
Severity Level 1 4 h (8×5) 3 h (8×5) 3 h (10×5) 2 h (10×5)
Severity Level 2 12 h 8 h 6 h 4 h
Severity Level 3 48 h 24 h 12 h 8 h
Severity Level 4 72 h 48 h 24 h 24 h
Chat Yes Yes Yes Yes
Email No Yes Yes Yes
Ticketing No No Yes Yes
Phone/Hotline No No Yes Yes
Guaranteed contact person No No No Yes

* Time zone CET/CEST, regular times: 09:00 – 17:00 (8×5), extended times: 08:00 – 18:00 (10×5)

The Customers‘ Duties to Cooperate
The customers has to document fully possible errors to oneclick. oneclick is entitled to change the agreed severity level to a lower severity level if the customer is not able to provide suitable resources or responses to enable oneclick further action to resolve the problem.
C. Legal Consequences in the event of Violations against the SLA
oneclick is liable to correct or rectify errors that have occurred to its best knowledge and according to technically applicable standards. In particular, the customer is referred to clause 12 of the General Business and Licence Terms and the regulation regarding defects and their remedy.
If the response times of the support programmes (Support Tiers) are not met, then oneclick will compensate the customer with the following reductions of the monthly subscription costs for the respective support programme.
Severity Level Delay during the Response Time
(additional length of time regarding the indicated response time) Reduction of the monthly subscription costs
(in each case only for the month in which response time delays have occurred)
Severity Level 1
as long as > 2 errors per month were indicated.
50 % 25 %
100% 50%
>100% 100%

Severity Level 2 (as long as > 5 errors per month were indicated)
50% 15%
100% 30%
200% 50%
> 200 % 100%

Severity Level 3 n/a n/a

Severity Level 4 n/a n/a

Possible compensation by oneclick is to be settled with the next subscription fee for the respectively chosen support programme.

D. Final Provisions
Severability Clause
Should individual formulations or clauses in this SLA be considered as invalid or unenforceable by a court, then such statements will be limited to a minimum or removed or replaced by a legally effective statement that expresses the intention of this SLA so that SLA continues to remain in force in their entirety.
Data Privacy Statement
of oneclick AG, CH-8008 Zurich (hereinafter called “oneclick”)

oneclick AG is Controller in terms of the EU General Data Protection Regulation (hereinafter “GDPR”), who determines the purpose and means of the processing of Personal Data.

1. Handling of Data
The trust in correct handling of data is an important requirement for oneclick. Therefore, data protection has a great importance for oneclick. Customer data is only collected, processed and used whilst complying with the applicable data protection regulation and only for the purposes described as follows.
oneclick processes Personal Data collected as follows:
• Storage, modification, transmission, blocking and deletion.
With regard to your data, we are not the Controller: You retain all rights and obligations with regard to your data and content that you create, store, transfer or manage via the oneclick platform. Thus, you are also responsible for all contractual and legal obligations with regard to this data. oneclick will only access or process this data if this is necessary for the provision of the services or if you instruct us to do so (e. g. for support). In this regard, please refer to Art. 10 of our General Business and License Terms.

2. Personal Data

Personal Data means any information relating to a specific (identified) or identifiable natural person.

3. Collection and use of Personal Data (without a business relationship)

When you contact oneclick or an associated organisation, you may be asked to provide Personal Data. By providing such data you give us your consent to exchange this data within our organisation and to use it in accordance with this Data Privacy Statement. We can also combine such Personal Data with other information in order to optimize our contact with you and to offer or improve our products, services, content and advertisements. In case of your mere contact, you are free to decide whether you want to submit your Personal Data. However, in case you won’t submit your Personal Data we may not be able to inform you about our products or services or respond to or process your enquiries.

4. What Personal Data is Being Collected (with a business relationship)

When you create a user account, use a product or service, register on our website, get in contact with us or participate in an online survey, then the collection of Personal Data becomes necessary for the conclusion of a contract and the following data is being collected by us or is to be provided by you (whereas we only collect data to the necessary extent):
• Your name, address, telephone number, email address, information about your preferred contact channel, bank and credit card information.
When you share content with business partners or friends and thereby use products of oneclick, invite others to participate in services of a forum of oneclick, then oneclick can collect the data that you have provided about these persons, such as name, address, email address and telephone number. oneclick uses this data to process your enquiries, provide products or services as well as tackling fraud.
We collect Personal Data only to the necessary extent and only for the duration as necessary for the purposes of processing such data or as long as a business relationship exists (data minimization). Longer data storage obligations might exist according to existing data protection legislation.

5. How we process Personal Data

The processing of your Personal Data takes place on the basis of our contractual relationship and is necessary for its fulfilment. Your data will be stored and used internally as follows:
• The collection of Personal Data is necessary for the provision and performance of our services, as well as for their billing and invoicing. Furthermore, Personal Data also supports us with the creation, development, provision, delivery and improvement of our products, services, content and advertising; and it also makes it easier to tackle fraud.
• The collated Personal Data enables us to inform you about the latest product announcements, software updates and future events. If you do not wish to be included in our distribution list, you can opt out any time by changing your settings.
• Sometimes we can use Personal Data to send important messages, for example about purchases or amendments of our business terms and regulations. As this information is important and necessary for the relationship with oneclick, customers cannot refuse the receipt of such information.
• We can also use Personal Data for internal purposes, such as accounting, data analysis and research to improve the products and services of oneclick and the communication with customers.
• If you participate in competitions or similar activities, then we can use the data made available to us for the administration of these activities.
oneclick may share certain personal information with partners who work with oneclick to provide products and services, or who assist oneclick with their marketing (e.g. to our distributors and sales partners). In this case, Personal Data will only be disclosed in order to provide or improve products, services or our advertising. Personal Data will not be passed on to third parties for their marketing purposes.

6. Collection and Use of Non-Personally Identifiable Data

We also collect data in a form that, without more information, does not allow a direct association to a specific person. We can collect, use, transfer and disclose non-personally identifiable data for any purpose.
We collect data such as profession, language, postcode, area code, individual unique device identifier, forwarding URL as well as location and time zone, where the products of oneclick are used so that we can better understand the behaviour of our customers and improve our products, services and marketing activities.
We may also collect information regarding customer activities on our oneclick websites, in addition to our other products and services. This data is merged and serves as a tool to provide our customers with more useful information and to understand, which parts of our websites, products and services are most interesting for our customers. The merged data is considered non-personally identifiable data for the purpose of this Data Privacy Statement.
If necessary, we also collect and save more information about how you use our services, for example search requests. This information enables us to improve the significance of the results provided by our services. Such information is generally not associated with your IP address, except on a limited scale to ensure the quality of our services provided via the internet.
We collect data about how devices and applications are used, whereas this information may be used by the developers to help improve your software applications (“Apps”). In this case, only anonymized data will be used which cannot be assigned to Personal Data.
In the case that we link non-personally identifiable data with Personal Data, then this linked data will be treated as Personal Data.

7. Cookies and Other Technologies

The websites of oneclick, online services, interactive applications, email messages and advertisements can use “cookies” and other technologies such as pixel tags and web beacons. These technologies allow us to better understand user behaviour, it informs us which parts of our website were visited and simplifies and measures the efficiency of advertising and web search. We treat all data collected by cookies and other technologies as non-personally identifiable data. However, if internet protocol (IP) addresses or similar identifiers are classed as Personal Data by the applicable regulation, then we will also treat these identifiers as Personal Data. Accordingly, we will also treat linked data as Personal Data, for the purpose of this Data Privacy Statement, as long as non-personally identifiable data is linked with Personal Data.
The websites of oneclick, their online services and interactive applications all use cookies for the improved usage and security of the connection. For this purpose, a unique session ID can be saved in a cookie by the server to accurately recognise this client again when visiting again.
As with most internet services, we will also capture certain data automatically and save it in log files. This information includes IP addresses, browser types, browser language, internet service providers (ISP), referring and exit pages and programmes, operating system, date/time stamp and clickstream data.
We use this information to evaluate and analyse trends, to administer the website, to gain information about user behaviour on the website, to improve our products and services as well to capture demographic data regarding the overall user base. oneclick can use the captured data in their marketing and advertising services.
In some of our email messages we use a so-called “click-through-URL”, that leads directly to content of an oneclick website. If customers click onto these URLs, they are directed via a separate web server before they reach the target page on our website. We track this “click-through“ data to determine for which specific topics there is an interest and to measure the efficiency of our customer communication. If you do not wish that such data is captured and tracked, do not click onto text or graphic links in emails or use the unsubscribe function in our newsletter so that you do not receive any further e-mails with “click-through-URL”.
“Pixel tags“ allow us to send email messages in a format readable by the customer. They also enable us to check if emails have been opened. This information can be used to reduce or to stop sending messages to a customer.
Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”), to analyse the usage patterns of our website. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the analysis and optimisation of our website.
For this purpose, Google sends user and use-related information such as your IP address, the location, time or frequency of your visit from our website to a server in the USA and stores the data there. However, we have enabled IP anonymisation in Google Analytics. As a result, your IP address will be truncated by Google within EU member states or other EEA treaty states prior to transmission to the United States. Only in exceptional cases is the entire IP address transmitted to a Google server in the USA and shortened there.
Google uses this information to compile an evaluation of your visit to our website and your activities. This information may also be used to provide other services related to the use of our website and the Internet. The IP address transmitted by your browser is not linked to any other data held by Google.
We have also concluded a contract with Google for order data processing and we fully implement the strict requirements of the German data protection authorities when using Google Analytics. The personal data of visitors to the website are kept for 38 months. After this period the information will be deleted or anonymised. The settings in your browser enable you to delete cookies that were previously set.
If you do not want your data processed, Google offers a deactivation add-on. This add-on can be installed in current browsers and offers a means of checking the data that Google collects when you visit our website. The add-on prevents data from being sent to Google Analytics when you visit our website. However, this add-on does not prevent the transmission of data to us or to other services. You can find the add-on under the following link: http://tools.google.com/dlpage/gaoptout?hl=de
By being certified under the EU-US Privacy Shield, Google ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
For more information on how Google Analytics uses user data, please see Google’s privacy policy: https://www.google.com/intl/de/policies/privacy/partners
Google AdWords with Conversion Tracking
We use Google AdWords and in this context the Conversion-Tracking of the Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”) to advertise our offer. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the analysis of user behaviour and the optimisation of our advertising and website.
When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity of 30 days, do not contain any personal data and therefore cannot be used for personal identification. If you visit our website and the cookie has not yet expired, Google and we may recognise that you clicked the ad and you have been directed to that website.
Each Google Ads customer receives a different cookie. Thus, there is no possibility that cookies can be tracked via the ads customer’s websites. The information obtained with the help of the conversion cookie is used to create conversion statistics. This tells us the total number of users who clicked on one of our ads and were redirected to a page with a conversion tracking tag. Neither we nor third parties receive information that personally identifies users. If you wish to prevent tracking, you can object to this use by deactivating the Google Conversion Tracking cookie in your browser settings. They are then not included in the conversion tracking statistics.
You can set your browser so that you are informed when cookies are set and that cookies are only permitted in individual cases. You can also exclude the acceptance of cookies in certain cases or generally and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
By being certified under the EU-US Privacy Shield, Google ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
You can find more information about the handling of user data in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.
Google Remarketing
On our website, we use the Google Analytics Remarketing features in conjunction with the cross-device features of Google AdWords and Google DoubleClick from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”). We use this feature to serve interest-based and personalised advertisements on third-party websites that also participate in Google’s advertising network. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the analysis and optimisation of our website.
During your visit to our website, Google stores a cookie with a sequence of numbers on your terminal device via the browser. This cookie records both your visit and the use of our website anonymously. Personal data will not be passed on. If you subsequently visit the websites of third parties who also use Google’s advertising network, it is possible that advertisements may appear that are related to our website or to our offers there.
Google Analytics also collects Google-authenticated user IDs that are temporarily linked to our data in Google Analytics to define and create target audiences for cross-device advertising.
You can permanently opt out of cross-device remarketing/targeting by opting out of personalised advertising in your Google Account by following this link: https://www.google.com/settings/ads/onweb/.
The data collected in your Google Account is aggregated solely on the basis of your consent, which you may give or withdraw from Google. The legal basis here is Art. 6 para. 1 lit. a GDPR. In the case of data collection operations that are not merged into your Google Account because you do not own a Google Account or because you have objected to the merging, the data collection is based on Art. 6 para. 1 lit. f GDPR.
Cross-device marketing allows Google to track your usage patterns across multiple devices, so you can also see interest-based and personalised ads when you switch devices. This is subject to your agreement to link your browser history to your existing Google Account.
By being certified under the EU-US Privacy Shield, Google ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
More information about Google Remarketing can be found at http://www.google.com/privacy/ads/
Google Fonts
Our website uses Google fonts provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”) for the uniform display of fonts. When you open a page, your browser loads the font you need into its browser cache to display text and fonts correctly. The legal basis is Art. 6 para. 1 lit. f GDPR. Our justified interest is a uniform and appealing presentation of our website.
For this purpose, the browser you use connects to Google’s servers in the USA. Through this connection, Google can determine which website sent your request and to which IP address the representation of the font is to be transmitted. The data is determined exclusively for aggregated statistics by Google and then deleted.
By being certified under the EU-US Privacy Shield, Google ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
You can find more information and ways to prevent the use of data at https://adssettings.google.com/authenticated and https://policies.google.com/privacy
Google Maps
On our website we use the Google Maps service of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”) to show the location of our company and our partners as well as route descriptions. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the optimisation of the functionality of our website.
As soon as you call up Google Maps on our website, Google stores a cookie on your end device via your browser. Your user settings and data are processed in order to display our location or the location of our partners. We cannot exclude that Google uses servers in the USA. Through the connection to Google, Google can record from which website your request has been sent and to which IP address the route description is to be sent. The data is determined exclusively for aggregated statistics by Google and then deleted.
If you do not wish your data to be processed, you have the option of preventing the installation of cookies by making the appropriate settings in your browser.
By being certified under the EU-US Privacy Shield, Google ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
The use of Google Maps and the information obtained via Google Maps is subject to the Google Terms of Use (https://policies.google.com/terms?gl=DE&hl=de) and the Google Maps Terms of Use (https://www.google.com/intl/de_en/help/terms_maps.html).
You can find more information about the handling of user data in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.
Google reCaptcha
We use the reCaptcha service of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”) on our website to detect and prevent automated access (e.g. bots) from interacting with our website. The legal basis is Art. 6 para. 1 lit. f GDPR. There is a legitimate interest in ensuring the security of our website and the protection against automated input (attacks).
With the help of this service Google can recognise from which website a request is sent as well as from which IP address the reCAPTCHA-Box is used. In addition to the IP address, Google may also collect other information necessary to provide and guarantee this service. The data is determined exclusively for aggregated statistics by Google and then deleted.
By being certified under the EU-US Privacy Shield, Google ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
You can find more information about the handling of user data in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.
Hotjar
We use Hotjar, an analytics service provided by Hotjar Ltd (Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe; “Hotjar”), to better understand the usage patterns of our website and to optimise the offerings on this website. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the analysis and optimisation of our website.
Hotjar’s technology gives us a better understanding of our users’ experiences. Hotjar records e.g. your mouse movements or mouse clicks and evaluates them. Your visit to our website will be made anonymous. In addition, Hotjar collects information about your operating system, browser, incoming or outgoing links, location, and end device and evaluates this information for statistical purposes. Hotjar is also able to obtain direct feedback from you. The data at Hotjar is stored for 365 days and then automatically deleted.
For more information, please refer to Hotjar’s Privacy Policy: https://www.hotjar.com/legal/policies/privacy
If you do not want the data to be processed by Hotjar, you can prevent the analysis of your usage behaviour by means of an opt-out: https://www.hotjar.com/opt-out
LinkedIn Conversion Tracking
On our website we use the analysis and conversion tracking technology of the LinkedIn platform of the LinkedIn Ireland Unlimited Company (Wilton Place, Dublin 2, Ireland; “LinkedIn”). LinkedIn’s above technology allows you to view more relevant advertisements based on your interests. Art. 6 para. 1 lit. f GDPR serves as the legal basis. Our justified interest is the analysis of user behaviour in order to optimise both our website and our advertising.
LinkedIn also provides us with aggregated and anonymous reports of advertising activity and information about how you interact with our website. Further information on data protection at LinkedIn can be found here: https://www.linkedin.com/legal/privacy-policy#choices-oblig.
You may opt-out of LinkedIn’s analysis of your usage patterns and of the display of interest-based recommendations by clicking the “Opt-out” button (for LinkedIn members) or the “Opt-out” button (for other users) below: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
CloudFlare
On our website we use the CloudFlare service of Cloudflare Inc. (101 Townsend Street, San Francisco, California 94107, USA; “CloudFlare”) as a Content Delivery Network (CDN) to secure our presence and optimise page loading times. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the secure operation and optimisation of our website.
As soon as you visit our website, your requests will be routed through the CloudFlare server. Statistical data about the access to our website is collected. CloudFlare also stores a cookie on your device via your Internet browser. The access data includes:
• Your IP address,
• the page(s) of our website that you have accessed,
• Information about the browser you are using (type and version),
• the operating system you are using,
• the website from which you switched to our website (referrer URL),
• the duration of your visit to our website
• the number of hits on our website.
CloudFlare stores the data for the statistical evaluation of the accesses and uses it for the security and optimisation of the offer.
If you do not want CloudFlare to process your data, you can prevent cookies from being installed by setting the appropriate settings in your browser.
CloudFlare’s certification to the EU-US Privacy Shield ensures that the EU’s data protection requirements are also met when processing data in the US: https://www.privacyshield.gov/participant?id=a2zt0000000GnZKAA0&status=Active
You can find more information about the handling of user data in CloudFlare’s privacy policy: https://www.cloudflare.com/privacypolicy/
Newsletter
When you register for our free newsletter, your details, i.e. your e-mail address, title, surname and – optionally – your first name, will be sent to us. We also store the date and time of your registration. In addition, we will obtain your consent to the sending of the newsletter, specifically describe the content and refer to this privacy statement. We use the collected data exclusively for the newsletter dispatch – they are therefore not passed on to third parties. The legal basis is Art. 6 para. 1 lit. a GDPR.
You can revoke this consent at any time in accordance with Art. 7 para. 3 GDPR. All you have to do is inform us of your withdrawal or click on the unsubscribe link at the end of each newsletter. After you have been removed from the list of recipients, your personal data may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in compliance with the legal requirements when sending newsletters (legitimate interest in the sense of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
Online job applications / Publication of job advertisements
We offer you the opportunity to apply to us via our website. With these digital applications, your data is electronically recorded and processed by us for the purpose of handling the application process. The legal basis for this is § 26 para. 1 sentence 1 BDSG in conjunction with Art. 88 para. 1 GDPR.
If an employment contract is concluded after the application procedure, we store the data you provide in your personnel file for the purpose of the usual organisational and administrative process. This is done in compliance with the more extensive legal obligations. The legal basis is also § 26 para. 1 sentence 1 BDSG in conjunction with Art. 88 para. 1 GDPR.
If an application is rejected, we automatically delete the data transmitted to us after the rejection has been announced. If the data should require a longer storage of up to four months due to legal regulations or up to the conclusion of a judicial procedure, no deletion takes place. The legal basis is Art. 6 para. 1 lit. f GDPR and Art. 24 para. 1 no. 2 BDSG. Our legitimate interest is the defence and enforcement of the applicable law.
Should you expressly wish your data to be stored for a longer period of time, the data will be further processed on the basis of your consent. The legal basis is Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time in accordance with Art. 7 para. 3 GDPR by making a declaration to us.
YouTube
On our website we use YouTube from YouTube LLC. (901 Cherry Ave., 94066 San Bruno, CA, USA; “YouTube”), a subsidiary of Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA; “Google”) to show you videos. The legal basis is Art. 6 para. 1 lit. f GDPR. Our justified interest is the quality improvement and appealing representation of our web page.
YouTube connects to the server in the USA as soon as you visit one of our websites where a YouTube video is embedded. This connection is necessary in order to display the video on our website. In the process, YouTube will collect and process your IP address, the date and time and the website you visited. In addition, a connection to Google DoubleClick is established.
If you are logged in to YouTube at the same time, YouTube assigns the connection information to your YouTube account. If you wish to prevent this, you must either log out of YouTube before visiting our website or make the appropriate settings in your YouTube user account.
YouTube permanently stores cookies on your end device via your browser for this functionality as well as for the analysis of user behaviour. If you do not agree with this processing, you can prevent the storage of cookies by a setting in your browser.
By being certified according to the EU-US Privacy Shield, Google and its subsidiary YouTube ensure that the data protection requirements of the EU are also met when processing data in the USA: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
You can find more information about the handling of user data in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.
Facebook Pixel
On our website we use the visitor action pixel of Facebook Inc. for conversion measurement. (1601 S. California Ave, Palo Alto, CA 94304, USA; “Facebook”). This feature allows you to track the behaviour of website visitors after they click on a Facebook ad to redirect them to the provider’s website. Art. 6 para. 1 lit. f GDPR serves as the legal basis. Our legitimate interest is the analysis of user behaviour and the optimisation of our advertising and website.
This process is used to evaluate the effectiveness of Facebook advertisements for statistical and market research purposes and may help optimise future advertising for you. The collected data is anonymous for us and therefore does not give us any information about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible. Facebook may use the information for its own promotional purposes in accordance with the Facebook Data Usage Policy (https://www.facebook.com/about/privacy/). This information may enable Facebook and its affiliates to serve advertisements on and off Facebook. The use of the data cannot be influenced by us as provider of the site. A cookie can be stored on your computer for these purposes.
You can also deactivate the remarketing function “Custom Audiences” in the Settings for Advertisements area at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged in to Facebook.
Smallchat
On our website, we use Smallchat, a service provided by Nicer LCC (201 Rocky Slope Rd, Greenville, SC 29607, USA), to enable visitors to chat with our employees in real time. The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to improve the user experience and optimize our website.
Smallchat uses technologies and services from Slack Technologies Limited (One Park Place, Hatch Street Upper, Dublin 2, Ireland).
By clicking on the chat button on the website, the chat is started and the user thereby consents to the processing of his personal data. Smallchat uses cookies and stores information about the user (IP address, browser, operating system and dial-in location), the guided conversation and the use of Smallchat. This information is usually transferred to a server in the USA and stored there. Smallchat uses this data to enable real-time conversation with us.
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data transmitted via chat, this is the case when the respective conversation with the user has ended. The conversation ends when the facts of the case have been clarified. The user has the possibility to revoke his consent to the processing of personal data at any time. In such a case, the conversation cannot be continued.
Smallchat’s Privacy Policy is available at https://small.chat/terms/#gdpr. Slack Technologies is certified under the Privacy Shield agreement and is committed to complying with EU privacy legislation. The data protection guidelines and the GDPR obligation of Slack can be viewed at https://slack.com/intl/en-gb/privacy-policy and https://slack.com/intl/en-gb/gdpr respectively.
SalesViewer
This website uses SalesViewer® technology from SalesViewer® GmbH to collect and store data for marketing, market research and optimisation purposes on the basis of the website operator’s legitimate interests (Art. 6 Para. 1 lit. f GDPR).
A javascript-based code is used for this purpose, which serves to collect company-related data and the corresponding use. The data collected with this technology is encrypted using a non-reversible one-way function (so-called hashing). The data is immediately pseudonymised and is not used to personally identify the visitor to this website.
The data collection and storage can be contradicted at any time with effect for the future, by clicking please this link https://www.salesviewer.com/opt-out, in order to prevent the collection by SalesViewer® within this web page in the future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you must click this link again.

8. Processor

oneclick can transfer Personal Data to companies that provide services indirectly to you, such as:
• the processing of information, fulfilling customer orders and delivery of products to you;
• the administration and maintenance of customer data;
• the delivery of customer services, the appraisal of your interest on our products and services as well as conducting customer research or customer satisfaction surveys.
Any Processors we employ will process the Personal Data in accordance with this Data Privacy Statement (and according to the contractual obligations of oneclick) as well as according to the legal provisions, thereby guaranteeing the protection of your data and/or your rights. Upon your request we will inform you about Processors which process Personal Data on our behalf and which are given your Personal Data.

9. Disclosure of Personal Data to other third parties

Due to the following reasons it can sometimes become necessary for oneclick to disclose Personal Data to third parties:
• for the enforcement of our terms and conditions (e. g. when collecting outstanding debts and in the event of legal disputes);
• in case the processing is necessary for a legal obligation to which we are subject;
• in case the processing is necessary in order to protect the vital interests (of yours or another natural person);
• in case the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
• in case the processing is necessary for the purposes of our legitimate interests (or such interest of a third party), except where such interests are overridden by your interests or fundamental rights and freedoms.
In addition, if applicable, we will also transfer all collected Personal Data to the relevant third party in the case of a reorganisation, a merger or a sale of our company. In case of possible disclosure of Personal Data, oneclick will as far as possible inform you, whereas there is no legal entitlement for such information.

10. Protection of Personal Data

The security of your Personal Data is important to oneclick. Our online services protect your Personal Data during the transmission using encryption processes such as transport layer security (TLS). When your Personal Data is saved by oneclick, it is used by computer systems in facilities that limit access through physical security measures.
If you use certain products, services or applications of oneclick or enter Personal Data in a forum, chat room or social media network of oneclick, then this Personal Data and content is visible to other users and can be read, captured or used by them. You alone have responsibility for the Personal Data that you share or provide. For example, if you provide your name and email address in a forum, then this information is public. Use this function with caution.

11. Integrity and Storage of Personal Data

oneclick makes it easier for you to keep your Personal Data correct, complete and up to date. We store Personal Data as long as necessary to fulfil the purposes described in this Data Privacy Statement, as long as there is no longer a storage period demanded or permitted by law.

12. Your rights with regard to your Personal Data

With regard to your Personal Data you have the following rights:
• Right to information and disclosure: You may at any time obtain information about the Personal Data we collected about you, as well as about their processing and processing purposes.
• Right of rectification: You can obtain from us without undue delay the rectification of inaccurate Personal Data. You can help us to ensure that your contact data and settings are correct, complete and up to date by logging into your account via https://oneclick.services/. We enable you to access for any purpose other Personal Data that we save about you.
• Right to erasure: You can obtain from us the erasure of your Personal Data without undue delay, unless oneclick is obliged to store such data by law or for legitimate business purposes (e. g. in case processing the Personal Data is necessary in order to end our business relations).
• Right to restriction of processing: You can obtain from us the restriction of processing your Personal Data in case the accuracy of such data is contested by you; the processing is unlawful (and we oppose the erasure of such data); we no longer need your Personal Data for the purposes of the processing; you have objected to the processing of your Personal Data.
• Right to data portability: You have the right to receive your Personal Data in a structured, commonly used and machine-readable format.
• Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of Personal Data concerning to you.
• Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with a supervisory authority, in particular at your habitual residence, your place of work or at the place of the alleged infringement of your rights.
We can reject requests if these are offensive or harassing, endanger the privacy rights of others, are extremely impractical, or if otherwise disclosure according to the respective legal system is not provided for.
You can assert your rights by contacting support@oneclick-cloud.com or via any other contact to our company (e. g. by post or telephone).

13. Location-based Services

In order to provide location based services, oneclick, their partners and licence holders can collect, use and share precise location data, including the geographic location of your computer or device in real time. As long as location based services are available, these can determine the approximate location of your devices. Apart from GPS, Bluetooth and your IP address, the data of public WLAN hotspots and mobile phone masts as well as other technologies are used. If you have not provided agreement for their use, these location based data are used in an anonymous way that means that you cannot personally be identified. The data is used by oneclick, their partners and licence holders to offer location based products and services to you and to improve those services. Your device can for example pass on its geographic location to programme or app providers, if you select their location services.

14. Website and Services of Third Party Providers

The website, products, applications and services of oneclick include links to websites, products and services of other organisations. Our products and services can also use or offer the products and services of third party providers – for example a software application (“App”) of a third party provider. The data protection methods of the third party provider regulate the collection of data that may include location based or contact data. We therefore recommend that you find out more about the data protection methods at these organisations.

15. International Users

Within the requirements of this Data Privacy Statement, all data provided by you can be subject to transmission or access by organisations in different locations in the world. oneclick adheres to the basic principles set up by the European Union according to the GDPR.
Personal data, including data provided by persons with a residence in a member state of the European Economic Area (EEA) are monitored and processed by oneclick in Zurich, Switzerland. oneclick adheres to the requirements of the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules-Systems.

16. Obligation of the Employees

All our employees are made familiar with this Data Privacy Statement and security measures to protect privacy are strictly implemented within our organisation in order to ensure the safety of Personal Data.

17. Amendments to the Data Privacy Statement

oneclick reserves the right, at its own discretion, to amend this Data Privacy Statement at any time. We will inform you in time about such amendments and will announce the date from which these amendments will be effective. Amendments are deemed as accepted by you, when you continue to use the website after the amendments have come into force. In case of substantial amendments of this Data Privacy Statement you will be informed at least 30 days prior to enactment of such amendments. In case you don’t contradict to the new Terms of Use within 30 days, this will be considered your explicit approval to the amendments made. Relevant messages will be sent by oneclick to the email address provided in each account.

18. Questions Regarding Data Protection

If you have questions or concerns in relation to this data privacy statement or our data processing, or if you would like to inform us about a possible violation of local data protection laws, we would ask you to contact us via telephone number + 41 44 578 88 93 or via email support@oneclick-cloud.com.

Terms of Use
oneclick Platform of oneclick AG, CH-8008 Zurich (hereinafter “oneclick”)
Version 2017-04-24

1. Agreement with the Terms & Conditions
These Terms of Use apply to the website https://oneclick.services, https://oneclick-cloud.com and all associated websites linked to it (hereinafter “oneclick.services”). By using oneclick.services, you consent to these Terms of Use.
oneclick reserves the right, at its own discretion, to amend these Terms of Use at any time. We will inform you in time about such amendments and will announce the date from which these amendments will be effective. Amendments are deemed as accepted by you, when you continue to use the website after the amendments have come into force. In case of substantial amendments of these Terms of Use you will be informed at least 30 days prior to enactment of such amendments. In case you don’t contradict to the new Terms of Use within 30 days, this will be considered your explicit approval to the amendments made. Relevant messages will be sent by oneclick to the email address provided in each account.

2. Intellectual Property
All content available on oneclick.services, such as text, graphics, code etc. are the intellectual property of oneclick or that of our partners. This content is protected by trade dress, copyright, patent and trademark laws, and other similar intellectual property rights and unfair competition laws. If rights are made available by a third party, then those rights are reserved for them.
As long as we have not given expressive and written agreement, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, another website or other medium for publication or distribution or other commercial enterprise. This does not apply to open source software components which are not subject to oneclick’s restrictions of use.

3. Website Use
Provided that you comply with these Terms of Use, oneclick grants you a personal, single, non-transferrable, limited right to enter and use the website oneclick.services with different devices.
You are not allowed to use functions such as deep links, page scrape, robot, spider or any other automatic devices, programmes, algorithms or methodologies or any similar or equivalent manual processes to access, acquire, copy or monitor any portion of the website or to reproduce or circumvent the navigational structure or presentation of the website.
You are not allowed to attempt to gain unauthorised access to any part or feature of the website, or to any other systems or networks connected to the website, nor to any servers or any of the services offered, by hacking, password mining or any other illegitimate means.
You are not permitted to probe, scan or test the vulnerability of the website or any networks connected to the website, or to breach the security or the authentication measures of the website or any of the networks connected to the website.
You may not reverse look-up, trace, use or publish information on any other users or visitors of the website, including all accounts not owned by you.
You will not take any action that imposes a disproportionately large load on the infrastructure of the website. You will not use any devices, software or programmes that will interfere with the proper working of the website, any of the transactions conducted via the website or the use of the website by another person.
When using the website, you will observe all current laws and regulations and not infringe the rights of oneclick and its associated organisations.

4. Links to other Websites
The website oneclick.services may contain links to other independent third party websites. These linked websites are not under oneclick’s control, and oneclick is not responsible for the content of such linked websites, including any information contained on such linked websites. You will need to make your own independent judgement if and how you will use these linked websites.

5. Changes to the Offer
oneclick reserves the right to revise, change, improve or discontinue in part or completely the website, the offered software applications and infrastructure for their supply, at any time, without notice, and to adjust applicable prices for all products or services. In such cases, already leased software applications and infrastructure can then continue to be used until the end of the current leasing period. If continued use is not possible due to technical or other reasons, then, on demand, the customer is reimbursed proportionately the overpaid amount.
The information provided on the website may be out of date. oneclick is not obliged to update the information on the website.

6. Maintenance Work
Without prior notice, oneclick may at any time perform maintenance work, error correction or other changes. This can interrupt the operation or access to the website. oneclick limits unannounced business interruptions to a minimum.

7. User Accounts, Passwords and Security
It is necessary to open a user account for the use of the services offered at oneclick.services. You are responsible for the confidentiality of the information you hold for your account, including your user name, password, as well as for any activity that occurs under your account.
You will inform oneclick immediately of any unauthorised use of your user account and/or any other breach of security that you become aware of.
You may not use, without the expressive permission of the individual account owner, the user name, password or user account of another person.

8. Limitation of Liability and Disclaimer
oneclick does not promise, express or implied, that the website or any content, services or features of the website will be error-free or uninterrupted, or that your use of the website will provide specific results. The website and its content are provided as available, without guaranteeing accuracy, non-infringement, merchantability and suitability for a specific purpose. All information provided on the website is subject to change without notice. oneclick cannot guarantee that all files or any other data that you download from the website will be free of viruses or contamination or destructive features.
You confirm and agree that the access to the websites, their content and services and/or their use is at your own risk and that oneclick is not liable for any errors or omissions relating to content, services or availability. oneclick disclaims any liability for all acts, omissions and conduct of any third parties in connection with or related to your use of the website and/or any services. You assume full responsibility for your use of the website and any linked websites. If you are dissatisfied with the website or any content, stop using the website or such content.
oneclick, their employees, directors, distribution companies, sales organisations, licensers, as well as associated organisations are not liable for the loss of orders, opportunities, usages, (projected) profit, contracts, income, savings, goodwill and any consequent damages, which result from the use of the website. The same applies to the loss of data and content. This applies regardless of whether in relation to direct, indirect or consequent damages and if these damages occur in connection with the use of the website, the content and services, or the impossibility of their use. This also implies in case you have been informed about the possibility of the occurrence of such damages.
Under applicable law to the fullest permittable extent, oneclick is not liable for direct, or indirect damages or losses that may be caused to you if we were unable, for any reason, to provide the content or services due to failure, error, omission, interruption, deletion, defect, delay in operation or transmission, also if this is based on a computer virus, communication line failure, theft or destruction, unauthorised access, unauthorised changes or usage, or an event of force majeure, such as natural catastrophe, war or terrorism. This disclaimer also applies if we were able to foresee the losses or damages incurred or should have foreseen them, and/or if you informed us about the possibility of the occurrence of such losses or damages.
Notwithstanding the preceding provisions, oneclick is liable for performing its services as contracted as well as for legally binding liabilities.
If oneclick is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the oneclick.services website, then oneclick’s liability shall in no event exceed the amount of the total sum of a subscription or a similar fee with respect to all products, services and features of the website in the six months prior to the date of the initial claim made against oneclick. The maximum amount of liability is limited to €500.00. Some jurisdictions do not allow such exclusion of liability, so the foregoing limitation may not apply to you.
Any liability is excluded for products of third party providers, which oneclick makes available as an intermediary. In the event of damage you have to contact the respective provider directly and their licence conditions and business terms will apply.

9. Indemnity
You agree to indemnify and hold harmless oneclick, their connected organisations, company bodies, directors, employees and representatives, from any demands, losses, claims or expenses, made against oneclick due to violations or infringements of these Terms of Use or your contractual obligations.

10. Violation of These Terms of Use
oneclick can terminate your access to the website and/or block or limit your future access to the website, if it is determined that you have violated these Terms of Use or other agreements or applicable guidelines, rules or laws. We advise you that oneclick has taken technical security precautions to protect the website from unauthorised access and that in the event of an unauthorised access your access may be blocked. oneclick is not liable to you or a third party if the blocking of your access to the website is the result of a violation of the Terms of Use.

11. International Access
oneclick administers and operates the website oneclick.services from Zurich, Switzerland. Even though the website is accessible worldwide, not all features, products or services treated on the website, referenced, provided or offered through or on the website are available to all persons or in all geographical locations, or appropriate or available for use outside Switzerland. oneclick reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area.
All offers for all features, products or services made on the website are void where legally prohibited. If you access the website from outside Switzerland, then this access is on your own initiative and you are solely responsible for complying with applicable local laws.

12. Unsolicited Ideas
oneclick or their employees do not accept unsolicited ideas. That includes for example ideas for marketing campaigns, product names, new or improved products or technologies, processes or materials as well as ideas regarding an optimised operational management. Please do not submit unsolicited ideas, creative work, suggestions or any other drafts to oneclick or their employees. The purpose of this term of use is to avoid that misunderstandings or disputes arise when the offer of oneclick shows similarity with a submitted idea. However, if you submit an unsolicited idea despite this to oneclick, then the transmission and its content becomes automatically the property of oneclick, without you receiving any compensation for this. oneclick may use and sell your transmission and its content for any purpose and in any way. There is no obligation on the part of oneclick, to check your transmission and to treat it confidentially. Nonetheless we look forward to your feedback with regards to our provided services as we would like to continuously optimise our product offer for our customers.

13. Applicable Law and Jurisdiction
These Terms of Use are subject to Swiss Law and are interpreted accordingly. The courts at oneclick‘s location are exclusively responsible for all disputes arising from or in connection with these Terms of Use, including all questions relating to the existence, validity or termination of contractual relationship.
Notwithstanding the above provisions German law shall by applied for Users with residence or registered office in Germany and jurisdiction shall be at the User’s residence or registered office.

14. Severability Clause
Should individual formulations or clauses in these Terms of Use be considered as invalid or unenforceable by a court, then such statements will be limited to a minimum or removed or replaced by a legally effective statement that expresses the intention of these Terms of Use so that these Terms of Use continue to remain in force in their entirety.