Legal notice, cookies and privacy policy

Legal notice, cookies and privacy policy

1. IDENTIFYING DATA

Metalprint3D-XXL GmbH (hereinafter referred to as “MP3D-XXL”)

Geibelstraße 5
12205 – Berlin (Germany)
E-mail: info@mp3d-xxl.com

Web address: www.mp3d-xxl.com (hereinafter referred to as “Website”)

Registered at the Trade Register: Amtsgericht Berlin-Charlottenburg HRB 210244 B

TERMS AND CONDITIONS OF ACCESS AND USE OF MP3D-XXL WEBSITE

The Access to the website of MP3D-XXL and herein contained contents is free and voluntary for users. However, the access and use of this Website are subject to the acceptance by users of the herewith set forth Conditions of Access and Use. Consequently, the access and use of this Website will be interpreted as an express manifestation of consent without reserves by the user to the here set forth general Conditions of Access and Use, according to the version published on this Website, at any one time that access and/or use of the website take/s place. The following Terms and Conditions of Access and Use apply:

  • The user commits and warrants to use this Website in conformance with the law and the here set forth Conditions of Access and Use. The user will be liable towards MP3D-XXL and/ or Third Parties, for any and all damages that he might cause through the violation of the before mentioned obligations.
  • MP3D-XXL reserves the right, at its sole discretion and at any time, to suspend, interrupt or stop operating this Website.
  • MP3D-XXL shall not be liable for any damages or prejudices due to a lack of accessibility, availability or continuity, caused by/ deriving from interruptions or the termination of operation of its Website or of any linked websites, or that could be caused by or derived from interferences, break-downs, interruptions, disconnections or malfunctioning, deficiencies or overcharges of telecommunication networks or electronic equipment that facilitate the Access and/ or Use of this Website or that of linked websites of Third Parties.
  • MP3D-XXL shall not be liable for any damages or prejudices that could be caused to users by computer viruses or any other harmful or damaging computer-based mechanism through the Access and Use of this Website or that of linked websites of Third Parties. It is the user’s responsibility to dispose of the necessary and adequate means and devices to protect herself/ himself against harmful computer programs and elements.
  • MP3D-XXL has elaborated this Website with diligence. However, the user recognizes and accepts that Access and/ or Use of this Website, are carried out under the user’s exclusive responsibility and that the contents provided on this Website are of general character. The information provided on this Website furthermore does not constitute the provision of any consultancy service, nor of any type of warranty or guaranty or any other representation that is legally binding upon MP3D-XXL. All information provided on this Website or on that of linked websites of Third Parties is provided “AS IS” and “As available” and without warranty, express or implied, of any kind regarding completeness, faultlessness, accuracy, up-to-datedness, individual interpretations, merchantability or fitness for any particular or specific purpose of the Website user. In the same manner, MP3D-XXL, explicitly excludes any responsibility for damages or prejudices of any and all kinds that could materialize in the context of Access and/ or Use of this Website or of that of linked websites of Third Parties. Consequently, under no circumstances, MP3D-XXL, shall be liable for any kind of damage or prejudice, be they direct or indirect, incidental, consequential, compensatory or of any other kind, that Website users or Third Parties could suffer as a result of the Access and/ or Use of the contents provided on this Website or that of linked websites of Third Parties.
  • MP3D-XXL, explicitly excludes any responsibility deriving from the connection of links or contents of links or websites of Third Parties to which references are made on this Website. Users of this Website are herewith explicitly informed that MP3D-XXL has no control over such links/ contents pertaining to Third Parties and references are only made for the convenience and under the exclusive responsibility of the user. In the same manner, MP3D-XXL, explicitly excludes any responsibility deriving from the connection or contents of websites of Third Parties that include links to this Website. Likewise, the inclusion of any external link does not imply any kind of affiliation, merger or participation with the connected entities.
  • It is strictly forbidden to establish links to this Website from websites of Third Parties, without the prior express written authorization by MP3D-XXL.
  • MP3D-XXL, reserves all rights to modify and/ or eliminate, at its sole discretion and without prior notice, any and all contents, the structure and design of this Website, products and services mentioned on this Website and/ or the here set forth Conditions of Access and Use.
  • All contents of this Website, including but not limited to texts, photos, graphic illustrations, images, sounds, animations, audiovisual contents, files, structure and design as well as any other contents, are owned by MP3D-XXL, or by Third Parties, which have authorized MP3D-XXL, to use and publish these contents on this Website. The use and publication of any and all such contents on this Website must not be interpreted or understood as any kind of renouncement, transmission, transfer, cession, assignment, license or any other right to appropriate or use, in full or in part, of the rights respecting these contents, with the exception of the rights, which are strictly necessary for the Access and/ or Use of this Website, within the limits and subject to the terms set forth in accordance with the present Conditions of Access and Use of this Website. All logotypes, trademarks and trade names, industrial designs, commercial brands or distinctive signs, that appear on this Website, form part of the intellectual and industrial property rights of MP3D-XXL, or Third Parties that have authorized MP3D-XXL, to publish them on this Website. Any modality of utilization, including but not limited to the reproduction, copy, distribution, making available, commercial exploitation, public communication, transformation, modification, dismantling or manipulation, at whole or in parts, of any and all contents of this Website without the prior written consent by MP3D-XXL, is strictly forbidden.
  • MP3D-XXL, reserves the right, without notice and on own initiative or upon request form a third party, to terminate a user’s license to use this Website, and to block or prevent future access to and use of this Website and services if the user fails to comply with the contents of these Terms and Conditions of Access and Use.
  • The services provided under www.mp3d-xxl.com are intended for users 18 years of age or older. Anyone under 18 years of age is not authorized to use our services and may not, therefore, send us their personal information.
  • Should any or any part of the here set forth Conditions of Access and Use of this Website be declared null, invalid or ineffective by any competent court or administrative authority this shall not affect the validity or effectiveness of the remaining clauses or parts of clauses, which shall continue to be in full force and effect.
  • This Website is governed by German Law.  Any dispute arising out of or in relation to the here set forth Conditions of Access and Use of this Website shall be submitted to the competent German courts. To the extent permitted by law, the user of this Website expressly renounces to any other jurisdiction that might correspond to the user and agrees to submit to the jurisdiction of the Courts of Berlin. Any and all norms of conflict that could limit the full applicability of the German Law are explicitly excluded.

 2. PRIVACY POLICY

MP3D-XXL gives high importance to the protection of personal data and to the compliance with all respective legislation.

The aim of this section on privacy policy is to inform you on how we process personal data that you provide to us in the context of using our website in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (GDPR) and in accordance with the German Bundesdaten-schutzgesetz (BDSG).

The company does not have a Data Protection Officer (DPD-DPO) as, according to the law, it is not mandatory for MP3D-XXL to appoint one.

2.1. Purposes of data processing

Users of the Website

We process the personal data you provide to us for the following purposes:

  • Process your queries and requests made through customer service, contact or press channels posted on our Website
  • The purpose of operating, safeguarding, and optimizing the Website
  • Comply with legal obligations regulating our business
  • Protect and exercise our rights

Customers and Suppliers

We process the personal data you provide to us for the following purposes:

  • Reply to your queries and requests made through customer service, contact or press channels posted on our Website
  • Process issues concerning existing contractual or pre-contractual relationships
  • The purpose of operating, safeguarding, and optimizing the Website
  • Comply with legal obligations regulating our business
  • Protect and exercise our rights or reply to complaints

Job candidates:

We process the personal data you provide to us for the following purposes:

  • To inform you about vacancies in our company, or manage job application processes, in case you send us your CV through the email posted on our Website.
  • The purpose of operating, safeguarding, and optimizing the Website
  • Comply with legal obligations regulating our business
  • Protect and exercise our rights

2.2. Legitimation of the processing of personal data

Data is processed on the basis of Article 6(1) (f) (legitimate interest) and/or (1) (a) GDPR.

The processed personal data is used for statistical analysis and for the purpose of operating, safeguarding, and optimizing the website. Any other use of your personal data (e.g. sending of newsletters) only takes place with your consent.

 Users of the Website

Personal Data processing by MP3D-XXL is based on

  • The consent of the interested party to:
  • Reply to your queries, questions and requests made through customer service, contact or press channels posted on our Website and to contact you in order to process them.
  • Send newsletters concerning the goods and services provided by us

In case you reject to provide us with personal data, we may not be able to process your data for the above-mentioned purposes.

Legitim interests of the data processor

  • For the purpose of operating, safeguarding, and optimizing the Website
  • Comply with legal obligations regulating our business
  • Protect and exercise our rights

Customers and suppliers

Personal Data processing by MP3D-XXL is based on:

  • The execution of a contract or the application of contractual measures
    • Manage and provide services contracted through this Website by customers, or manage and receive services provided to us through this Website by suppliers
    • Administrative, accounting and financial setup / management of existing business relationships
    • Send newsletters concerning the goods and services provided by us
  • The consent of the interested party for:
    • The execution of pre-contractual measures in which you take part when interested in buying or contracting our goods or services.

In case you reject to provide us with personal data, we may not be able to process your data for the above-mentioned purposes.

Legitim interests of the data processor

  • For the purpose of operating, safeguarding, and optimizing the Website
  • Comply with legal obligations regulating our business
  • Protect and exercise our rights

2.3. Duration of processing and term of data storage

We will only retain your personal data for as long as it is necessary for the purposes for which there were collected and for as long as you do not revoke your consent.

If we have signed any type of contract with you, once the contractual relationship has ended, we are obliged to keep your data for the legally established periods that apply to our activity.

In all cases, your data will be kept only for these purposes, and access to them and any other treatment other than that indicated above will be blocked.

2.4. Recipients

Without your consent, we will not transfer your personal data collected based on our Website to third parties unless it is required to perform our duties or required by law/authorities.

We engage service providers to process personal data (e.g. within the scope of an IT support contract, or to arrange the transport of purchased goods). These processors are contractually bound to comply with applicable data protection regulations.

2.5. Cross-border data transfers

MP3D-XXL, as a company with international outreach, maintains business relationships with third companies that may render their services from outside the EU for the supply of MP3D-XXL products and services, as a result of which it is possible that your data may be transferred outside of the European Union or the European Economic Area.

Such cross-border data transfers shall be based on and may include the following safeguards:

  • Standard contractual clauses approved by the European supervisory authority that provide safeguards to ensure that data processing complies with the requirements established by the European Data Protection Regulation.
  • Where the transfer is to a country which has been assessed by the European Commission as ensuring an adequate level of protection for personal data
  • With your explicit consent for cross-border data transfers, or
  • The transfer is compliant with the GDPR and other applicable laws.

2.6. Exercise of rights and complaints to the Data Protecting Agency

The interested parties that are subject to any treatment of personal data carried out by MP3D-XXL, may exercise any of these rights at any time and free of charge:

  • Right of access. You are entitled to find out which of your personal data are processed and the purposes for which we process them.
  • Right of rectification. You may at any time request that your personal data be rectified if the records we hold of them are wrong.
  • Right of erasure. You may at any time request that your personal data be erased from our records. However, please note that in certain circumstances compliance with the laws in force may prevent this right from actually being exercised.
  • Right to restriction of processing. The right to restrict the use of personal data, so that data treatment can only continue subject to restrictions.
  • Right to object. You may object to your personal data from being processed in relation to any of the purposes for which we process them, pursuant to the privacy policies that may apply in each case.
  • Right to data portability. Provided that it is technically possible to do so and reasonable, you shall be entitled to request that the personal data that you have directly submitted to us be disclosed to another data controller. If this is possible, we shall directly disclose your data to said other data controller, but if it were not possible, we shall provide them to you in a standard format.
  • Right to withdraw the consent
  • Right not to be the subject of a decision based solely on automated processing, including profiling.
  • Right to file a claim with the Control Authority.

Any person has the right to obtain confirmation about whether a data processor is treating personal data that concerns him or not. Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that these collected for.

Those interested may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to the particular situation, the interested parties may object to the processing of their data. In this case, MP3D-XXL will stop processing the data, except for legitimate reasons, or the exercise or defense of possible claims.

If you have given your consent for a specific purpose, you have the right to withdraw the consent given at any time, without affecting the legality of the treatment based on the consent prior to such withdrawal.

For this, you can use the forms provided by MP3D-XXL, or write a letter to the postal address Metalprint3D-XXL GmbH, Geibelstraße 5 12205 – Berlin (Germany) or send an email to info@mp3d-xxl.com.

In case you feel your rights are violated in relation to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights, you can submit a claim to the competent Data Protection Control Authority. The required information can be found on the following website: www.datenschutz-berlin.de

2.7. Data veracity

The interested party guarantees that the information provided to us is true, accurate, complete and up to date and undertakes to report any changes to the information provided, through the channels provided for this purpose and indicated in point 1 of this policy. He/she shall be liable for any loss or damage, whether direct or indirect, which may be causes as a result of failure to comply with this obligation.

In the event that the user provides data concerning third parties, he/she declares that he has the consent of the interested parties and undertakes to transfer the information contained in this clause, exempting the organization from any liability arising from the failure to comply with this obligation.

3. COOKIES POLICY

3.1. Use of cookies

The website www.mp3d-xxl.com owned by MP3D-XXL uses own and third-party cookies in order to optimize the experience for users.

Cookies are small text files which download and store themselves on the browser of the computer, smartphone or tablet used when accessing websites. Cookies allow a website, among other things, to store and recover information regarding navigation habits of a user or their device. Moreover, cookies facilitate user navigation by enabling the website to offer information that might be of specific user interest based on the way the website content is used.

Users can limit the scope of cookies by allowing, blocking or deleting cookies installed on their device through the configuration of their browser options. If users do not change this configuration, it is understood that they accept the use thereof.

3.2. Types of cookies & Consent

The cookies we use neither store any personal data nor information that can be used to recognise the user, unless users wish to register voluntarily to use a specific offered service for the purpose of receiving specific information such as products and service information, or other contents which might be of their interest, e.g. via subscription to our newsletters, or the usage of online enquiry forms on our website.

Use of cookies on our website:

  • Session cookies: These cookies are designed to collect and store data while the user accesses the website and they expire when the session ends. The information obtained by these cookies is used to analyze web traffic. The use of this kind of cookies helps to improve website design and contents.
  • Analytical cookies: These cookies make it possible to monitor and analyze users’ behavior on the visited websites.

The MP3D-XXL website uses both, session cookies and analytical cookies, with the aim to enhance users’ browsing experience.

By browsing the website of MP3D-XXL and using its services, the user accepts the use of the before mentioned cookies and the conditions contained in the present policy. In case you do not agree you can change your browser configuration or send an e-mail to info@mp3d-xxl.com.

3.3. Cookie management

All Internet browsers enable users to monitor, restrict or block the placement of cookies by changing the browser’s settings or options.  The way of doing so differs for each browser and you can find instructions in your browser’s help menu.

Below you will find a list of the most popular browsers with a link where you can change your cookies:

Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

Explorer: https://support.microsoft.com/es-es/kb/278835

Firefox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Safari: https://support.apple.com/kb/PH17191?locale=es_ES

Opera: http://help.opera.com/Windows/12.10/en/cookies.html

 

Please note that the deactivation of certain cookies might result in limiting the functionality of our website and may hinder the use of certain offered services.

3.4 Amendments and update of the Cookie Policy

MP3D-XXL reserves itself the right to update the cookie policy for its website www.mp3d-xxl.com at any time in order to enhance website contents or usage, or adapt it to modifications in legal requirements or instructions issued by the Berliner Beauftragte für Datenschutz und Informationsfreiheit.

Consequently, we advise users to check our cookies policy regularly. In case any significant changes of this cookie policy occurs, users will be informed, either through the website or by means of an e-mail addressed to registered users.