Data protection & general terms and conditions
Data
We take the protection of our website users' data very seriously and are committed to protecting the information that users provide to us in connection with the use of our website. We are also committed to protecting and using your information in accordance with applicable law.
This Privacy Policy explains our practices regarding the collection, use and disclosure of your information through the use of our digital assets (the “Services”) when you access the Services through your devices.
Please read the Privacy Policy carefully and make sure you fully understand our practices with respect to your information before using our Services. If you have read and fully understand this policy and do not agree with our practices, you must stop using our digital assets and services. By using our Services, you agree to the terms of this Privacy Policy. Your continued use of the Services constitutes your acceptance of this Privacy Policy and any changes to it.
This Privacy Policy tells you:
How we collect data
What data we collect
Why we collect this data
Who we share the data with
Where the data is stored
How long the data is kept
How we protect the data
How we deal with minors
Updates or changes to the Privacy Policy
Which data can we collect?
Non-identified and non-identifiable information that you provide during the registration process or that is collected through the use of our services (“non-personal data”). Non-personal data does not allow any conclusions to be drawn about who it was collected from. Non-personal data that we collect consists mainly of technical and aggregated usage information.
Individually identifiable information, i.e. any information by which you can be identified or could reasonably be identified (“personal data”). Personal Data that we collect through our Services may include information that is requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses and more. If we combine personal data with non-personal data, we will treat it as personal data for as long as it is combined.
Methods for collecting the data
We collect data when you use our services. So when you visit our digital assets and use services, we may collect, record and store usage, sessions and related information.
We collect data that you provide to us yourself, for example when you contact us directly via a communication channel (e.g. an email with a comment or feedback).
We may collect data from third party sources as described below.
We collect data that you provide to us when you log in to our services via a third-party provider such as Facebook or Google.
Use of the data for the following purposes
Use of data for the following purposes to provide and operate our services;
to develop, customize and improve our Services
to respond to your feedback, inquiries and requests and to provide assistance
to analyze request and usage patterns;
for other internal, statistical and research purposes;
to improve our data security and fraud prevention capabilities
to investigate violations and enforce our terms and policies and to comply with applicable law, regulation or governmental request;
to provide you with updates, news, promotional materials and other information related to our Services. For promotional emails, you can decide for yourself whether you wish to continue receiving them. If not, simply click on the unsubscribe link in these emails.
Cookies and similar technologies
When you visit or access our Services, we authorize third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analytics services (“Tracking Technologies”). These Tracking Technologies may allow third parties to automatically collect your data in order to improve the browsing experience on our digital assets, optimize their performance and ensure a tailored user experience, as well as for security and fraud prevention purposes.
We will not pass on your e-mail address or other personal data to advertising companies or advertising networks without your consent.
Non-personal data
Non-personal data
Please note that our companies and our trusted partners and service providers are located around the world. We store and process any non-personal data we collect in different jurisdictions for the purposes set out in this Privacy Policy.
Personal data
Personal Data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and, to the extent necessary for the proper provision of our Services and/or required by law (as further explained below), in other jurisdictions.
Duration of data retention
Data retention periodPlease note that we will retain the data we collect for as long as necessary to provide our services, comply with our legal and contractual obligations to you, resolve disputes and enforce our agreements.
We may correct, amend or delete inaccurate or incomplete data at any time at our sole discretion.
The hosting service for our digital assets provides us with the online platform through which we can offer you our services. Your data can be stored via our hosting provider's data storage, databases and general applications. It stores your data on secure servers behind a firewall and it provides secure HTTPS access to most areas of its services.
All payment options offered by us and our hosting provider for our digital assets comply with the PCI-DSS (Payment Card Industry Data Security Standard) regulations of the PCI Security Standards Council. This is a collaboration between brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help to ensure the secure handling of credit card data (including physical, electronic and procedural measures) by our store and service providers.
Notwithstanding the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee absolute protection and security of the information you upload, post or otherwise transmit to us or others.
For this reason, we encourage you to set strong passwords and, whenever possible, not to provide us or others with confidential information that you believe could cause you significant or lasting harm if disclosed. As email and instant messaging are not considered secure forms of communication, we also ask that you do not disclose confidential information via either of these communication channels.
Protection of minors
Children can use our services. However, if they wish to access certain features, they may be required to provide certain information. The collection of some data (including data collected via cookies, web beacons and other similar technologies) may be automatic. If we knowingly collect, use or disclose information collected from a child, we will provide notice and obtain parental consent in accordance with applicable law. We will not condition a child's participation in an online activity on the child providing more contact information than is reasonably necessary to participate in that activity. We will only use the information we collect in connection with the services that the child has requested.
We may also use a parent's contact information to communicate about the child's activities on the Services. Parents may review information we have collected from their child, prohibit us from collecting further information from their child, and request that any information we have collected be deleted from our records.
Please contact us to view, update or delete your child's data. To protect your child, we may ask you to provide proof of your identity. We may deny you access to the data if we believe that your identity is questionable. Please note that certain data cannot be deleted due to other legal obligations.
We will only use your personal data for the purposes set out in the Privacy Policy and only if we are satisfied that:
the use of your personal data is necessary for the performance or conclusion of a contract (e.g. to provide you with the services themselves or customer service or technical support)
the use of your personal data is necessary to comply with relevant legal or regulatory obligations; or
the use of your personal data is necessary to support our legitimate business interests (provided that this is done at all times in a way that is proportionate and respects your data protection rights).
As an EU resident you can:
request confirmation as to whether or not personal data concerning you is being processed and request access to your stored personal data and certain additional information;
request to receive personal data that you have provided to us in a structured, commonly used and machine-readable format
request the rectification of your personal data stored by us
request the erasure of your personal data;
object to the processing of your personal data by us;
request the restriction of the processing of your personal data, or
lodge a complaint with a supervisory authority.
Please note, however, that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements. If you have general questions about the personal data we collect and how we use it, please contact us as set out below.
In the course of providing the Services, we may transfer data across borders to affiliates or other third parties and from your country/jurisdiction to other countries/jurisdictions around the world. By using the Services, you consent to the transfer of your data outside the EEA.
If you are located in the EEA, your personal data will only be transferred to locations outside the EEA if we are satisfied that an adequate or equivalent level of protection of personal data exists. We will take appropriate steps to ensure that we have appropriate contractual arrangements in place with our third parties to ensure that appropriate safeguards are in place so that the risk of unlawful use, alteration, deletion, loss or theft of your personal data is minimized and that such third parties act at all times in accordance with applicable laws.
Rights under the California Consumer Privacy Act
If you use the Services as a California resident, you may be entitled to request access to and deletion of your information under the California Consumer Privacy Act (“CCPA”).
To exercise your right to access and delete your information, please see below for how to contact us.
We do not sell users' personal information for the purposes of the CCPA.
Updates or changes to the privacy policy
We may revise this Privacy Policy from time to time at our sole discretion, the version published on the Website is always current (see “Status”). We ask you to check this Privacy Policy regularly for changes. In the event of significant changes, we will publish a notice on our website. Your continued use of the Services following notification of changes on our website will constitute your acknowledgement and acceptance of the changes to the Privacy Policy and your agreement to be bound by the terms of those changes.
If you have general questions about the Services or the information we collect about you and how we use it, click here: Contact
Terms and conditions
(1) This website (the “Site”) and/or the Services, including any associated mobile applications (collectively, the “Services”) and all offers and sales of products (“Products”) through the Site, are owned and operated by WayAround (hereinafter also: “we”, ‘us’ and “our”). These Terms and Conditions (“Terms”) set forth the terms and conditions under which visitors or users (collectively, ‘Users’ or “you”) may access and/or use the Site and/or the Services and purchase Products.
2) By accessing or using the Services, you agree to and are bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any products. These Terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have your parent's or legal guardian's permission to use the Services or purchase Products.
Purchase of products
(1) The purchase of Products is subject to the terms and conditions in force at the time.
(2) If you purchase a Product: (i) you are responsible for reading the Product description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the “Place Order” or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.
(3) You can select products from our product selection and add them to your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. During checkout, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the main features of each product as well as the total price for all products, the applicable value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price.
When you click on the “Order with costs” button, you place a binding order to purchase the products listed at the price and shipping costs indicated. To complete the order process by clicking on the “Order with costs” button, you must first accept these terms and conditions as legally binding for your order by clicking on the corresponding box.
(4) We will then send you a confirmation of receipt for your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking the “Order with costs” button.
(6) The purchase contract can be concluded in [German]. After conclusion of the contract, the terms and conditions of the contract will be stored by us and you will no longer have access to them.
Purchase of products
You can cancel this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third party named by you, who is not the carrier, acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us
WayAround, Häldeleweg 20, 78573 Wurmlingen, Germany,
Telephone number: 015158722231,
E-mail address: WayAround.Official@gmail.com
inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). You can (but do not have to) use the attached withdrawal form.
Consequences of revocation
If you withdraw from this contract, we will - without undue delay and in any event not later than 14 days after receipt of notice of your withdrawal - reimburse to you all payments already received from you, including the costs of delivery (except for the additional costs incurred for a type of delivery requested by you and different from the least expensive type of standard delivery offered by us). We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such a refund. We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earliest.
The return or delivery of the goods shall be made to
the respective address indicated in the shipment.
E-mail address: WayAround.Official@gmail.com
without undue delay, but in any case no later than 14 days after receipt of the notification of your withdrawal. The deadline is met if you send the goods before the 14-day period has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Warranty for products
We are liable in accordance with the statutory warranty provisions for quality defects and/or defects of title in the products you purchase from us.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers may be available for our products from time to time (“Offers”). Such Offers are valid only for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Member account
1) In order to access and use certain areas and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than you accesses your Member Account and/or your settings, they can perform all actions available to you and, for example, make changes to your Member Account. We therefore strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been performed for you and on your behalf and you may be solely responsible for those activities that occur under your Member Account, whether or not expressly authorized by you, and for any damages, expenses and losses arising therefrom. You will be liable for activities related to your Member Account as described if you have negligently enabled the use of your Member Account by failing to take reasonable care to protect your login credentials.
(3) You may create and access your Member Account through a designated website or through a third party platform such as Facebook (the “Social Network Account”). If you sign up through a Third Party Platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.
4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users if, for example, you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your Member Account upon two months' notice by email if, for example, we discontinue our Member Account program. You may discontinue use and request deletion of your member account at any time by contacting us.
Permitted use
(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar
(vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any behavior that is intended to interfere with the operation of any computer software or hardware (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.
Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: “our Intellectual Property Rights”) and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, the rights are granted to you as set out in relation to such content on the Site.
Disclaimer of warranty for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the “Warranty for Products” section above remains unaffected.
Exemption
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
Limitation of liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A “material contractual obligation” means an obligation the fulfillment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
Change of conditions and services; discontinuation
We reserve the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. You will be deemed to have accepted the changes if you do not object to them within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force.
We may change the Services, stop providing the Services or one or more functions of the Services offered or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily - without giving reasons and without further obligations. We will inform you in good time in advance if this is possible under the given circumstances and take your legitimate interests into account appropriately in such measures.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not imply that we endorse their ownership or content.
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
Miscellaneous
(1) A waiver by either party of any breach or default hereunder shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, releases, disclaimers, limitations of liability and this “Miscellaneous” section.
