Our privacy policies

Data protection

EssenBazar takes your privacy and the protection of your personal data seriously. In compliance with the data protection regulations (General Data Protection Regulation (EU) 2016/679 (GDPR)), we only process your personal data if a legal regulation allows us to do so or if you have given your consent. We are responsible for the collection, use, transfer, storage, and protection of your personal data in accordance with the worldwide data protection principles and the applicable law.

General

The data protection declaration applies to this website and to all other applications, services, or tools in which reference is made to this data protection declaration, regardless of how you access or use the services, including access via mobile devices.

Changes to the privacy policy

Under certain circumstances, we can modify our privacy policies and publish the modified version on this website, including the entry into force of the modified version. We will announce all significant changes to this privacy policy by emailing all our users. The reasons for changes in the privacy policy would also be delivered to our users.

What kinds of personal data do we collect?

We collect, use, and store personal data from you and the devices (including mobile devices) that you use in the following cases:
When you use our services, set up an account, and provide us with information through a web form, add or update information about your account, participate in community discussions or chats, or otherwise get in touch with us. Some of your personal data (e-mail address, phone number, etc.) are required in order to conclude and execute the license agreement. The provision of all others' personal data is voluntary but may be necessary to use our services, e.g., the offer or contact information required to place an ad.
The personal data that you provide when using our services or when setting up an account with us includes the following data:

• Data that you personally identify, such as your name, your addresses, your telephone numbers, and your email addresses or your user ID (if applicable), which you provide when you set up your account with us. Placing ads, responding to ads, data that the users provide during a transaction, and other transactional content that you generate.
• Other content that you generate or that relates to your account (e.g., adding ads or other users' menus to your favorites). Information on what menus you like and your chat logs for particular ads. We do not process your chat logs, and you have complete privacy over them. Only under certain cases, e.g., when other users flagged your profile in a misuse case, then under legal conditions, we are obliged to scrutinize your account.
• In certain cases, you indicate your age, gender, interests, and personal preferences when using our services. Data that you provide through a web form, by updating or adding data to your account, by participating in community discussions, chats, or when we communicate with you for other reasons.
• Recorded telephone conversations with our customer service, provided that your consent to the recording has been obtained in accordance with applicable law.
• Data that we are obliged or authorized to collect and process in accordance with applicable law and that we need for your authentication, identification, or checking the data we collect.

The personal data that we automatically collect when you use our services or when you set up an account with us includes the following data:

• We collect data about your interaction with our services, your feedback, and your communication with us. Computer and connection information, such as statistics about your ad views.
• Social networks: We allow you to share information about social networks or link your ad to the respective social network page. These social networks can automatically give us access to certain personal data that is stored there about you (e.g., content that you viewed, content that you liked, information about advertising that was displayed to you or that you clicked, etc.). You can control which personal data we can access via the data protection settings on the website of the respective social network and via the authorizations that you give us when granting access. If you link an account managed by a social media website to your account and allow us to access this information, we process the information provided by these social media websites in accordance with this data protection declaration. If you give us personal data about another person, you may only do so with their consent. You should inform them about how we process your personal data in accordance with our data protection declaration. We use links to various social networks. These are configured so that they only connect to the respective social network when you click the button.

How and for what purposes do we use your personal data?

We use your personal data to pursue our legitimate interests, provided that your interests or fundamental rights and freedoms do not prevail. We have put in place control mechanisms to align our interests with your rights. On this basis, we use your data as follows:

• To improve our services, e.g. by reviewing information related to blocked or crashed pages so that we can identify and fix problems and provide you with a better user experience.
• Personalize, measure and improve our advertising based on what you may like.
• To contact you by email or post within the framework of applicable law, to offer you coupons, discounts and promotions, to obtain your opinion through surveys or questionnaires, and to inform you about our services; this also means that we can inform you about public affairs or other current events in connection with the use of our services. This may include invitations to participate in a petition, a list of signatures, or any other campaign related to public affairs.
• To provide you with targeted marketing, service updates and promotions that you may like; to check the quality and success of our email marketing campaigns (e.g. by analyzing the opening and click rates).
• To monitor and improve the information security of our services.
• To provide you with advertising by phone, email or SMS.
• To provide you with third party advertising.
• To customize third-party advertising that you may see on third-party websites.
• To provide you some suggestions as regard to food ads and your menuads, so that we can help you grow your fanbase with the help of our platform.

Your options for how we may use your personal data

You can choose how we can use your personal data to send you marketing communications and show you personalized advertisements.

• Marketing communications settings:
  If you do not want to receive marketing communications from us, you can unsubscribe from them via the link in the email you received or via the setting options for communications in your account, or you can contact us using the contact details provided. We will not sell, transfer, or otherwise pass on your personal data to third parties for marketing purposes without your consent.
• Personalized advertisements:
  If you do not want to receive personalized advertising, you can object to it or withdraw your consent by following the instructions in the relevant advertisement. As a result, you will no longer receive personalized advertising, but personal data can still be collected as described in the data protection declaration. Without your consent, we do not allow third parties to track or collect your personal information on our websites for their own advertising purposes.
• Remain signed in:
  If you use our website, you will always be logged in after you have registered correctly (in case you are a new visitor) and have provided the correct credentials for logging in. If you use our website (also via a mobile device), you can choose to stay logged in for a longer period of time, and we allow this only if you have been active within the last seven (7) days. Otherwise, you will be logged out after an extended period of inactivity. If you use a public or shared computer, we recommend that you log out and/or delete your cookies after using the services. This is how you protect your account and your personal data. You or another user of the computer or browser on which you have logged in can view and access most areas of your account and carry out all possible account activities without your permission during this registration phase. Some of the specific actions and account activity that you or another user of this computer/browser can perform include:
  Posting an ad or responding to an ad.
  Managing your ads.
  Viewing your favorite menus.
  Viewing your profile page.
  Viewing or editing your ads and your menus.
  Viewing or editing your profile page.
  Sending messages to other users.
  Performing other activities such as reporting messages or ads and submitting complaints to us.
  
• If you try to change your password, user ID, account information, or account activity other than those listed above, you may need to enter your password.
  You can usually end your signed-in session by either signing out or deleting your cookies. If you have activated certain browser data protection settings, closing your browser can also end your registered session.

Your rights and how you can access, control and correct your personal data

If you ask us to stop processing your personal data in whole or in part or revoke your consent to the use or disclosure of your personal data for the purposes stated in the data protection declaration, we may not be able to offer you all the services and customer support that our users receive as part of this privacy policy. At your request, we will close your account and delete your personal information as soon as possible based on your account activity and in accordance with the applicable law.

How long do we store your personal data?

We store your personal data for as long as it is necessary for the provision of the services you have requested or for other necessary purposes, such as the fulfillment of our legal obligations, the settlement of disputes and the enforcement of our terms of use.
How long we keep personal data can vary considerably depending on the context of the services we offer and our legal obligations. The following factors typically affect the retention period:
How long is the personal data is required to provide our services?
     This includes maintaining and improving the performance of our products, the security of our systems and keeping appropriate business and financial records. This is the general rule that forms the basis for most of our retention periods.
Is the personal data sensitive?
     If so, a shorter retention period is usually appropriate.
Have you given your consent for a longer retention period?
     In this case, we save the data according to your consent.
Are we subject to a legal, contractual, or similar obligation to store your personal data?
     Examples of this include mandatory laws on data retention in the respective jurisdiction, official orders to store data that are relevant for an investigation or personal data that is kept for the purposes of litigation.
After we no longer need your personal data, we will dispose of it in accordance with our guidelines on data storage and deletion.

How we protect your personal information?

We protect your personal data through technical and organizational security measures to minimize risks related to their loss, misuse, unauthorized access, unauthorized disclosure, and modification. For this purpose, we use firewalls and data encryption, physical access restrictions for our data center, and authorization controls for data access.

Unwanted and threatening emails

We do not tolerate misuse of our services. You must not use our messaging tools to send spam or other content that violates our terms of use. You are also not permitted to add other users to your email distribution lists, to call you for commercial purposes or to send them SMS messages for commercial purposes, even if this user has bought something from you, unless the user has given express consent to this. Sending unwanted or threatening email or SMS messages are a violation of our Terms of Use. Please report spam or fraudulent emails to customer service.

General terms of use for EssenBazar

Performance description and evaluation of the advertisements

EssenBazar provides an online service through which the user, as an advertiser, can create and publish existing food offers and requests (hereinafter referred to as “advertisements”) and view advertisements published by other users as interested parties. In addition, EssenBazar's services also enable the exchange of electronic messages between advertisers and interested parties. Insofar as this is necessary for conversion into file formats suitable for EssenBazar's advertising services, EssenBazar will convert the user's advertisements into formats for use in mobile applications and websites.
EssenBazar's services are used to publish food advertisements and to bring together providers and interested parties of the goods and services posted. EssenBazar is not itself the provider of the food products advertised with the advertisements.
EssenBazar publishes and advertises the services and the advertisements posted by the users themselves and through third parties, for example, by integrating the advertisements or extracts thereof on websites within software applications, in emails, in print, radio, and television marketing campaigns, or in other media.
EssenBazar also enables third parties to advertise their offers and services through EssenBazar's services. To support these activities, EssenBazar can also provide third parties with access to the data, information, and content published via the EssenBazar services. The user allows EssenBazar's ads to use its advertisements for the purpose of advertising and increasing the reach of EssenBazar's advertising services. This also applies to translations for the purpose of integrating the translated advertisements into a foreign language offers.

Registration, user account

For the full use of EssenBazar's services, in particular for the placement of food advertisements, the display of certain contact details of advertisers and the exchange of electronic messages with other users, a registration of the user with EssenBazar is required. A prerequisite for registration is that the user is a natural person, legal person or partnership. If the user is a minor, he/she can only register with EssenBazar with the consent of the legal guardian. In this case, EssenBazar reserves the right to make the provision of services dependent on the presentation of proof of the consent of the legal guardian.
The user is obliged to truthfully and completely provide the data collected when registering EssenBazar's ads. If the data is changed after registration, the user is obliged to update the data himself/herself immediately in the password-protected user area of the EssenBazar's services.
By submitting the registration form, the user submits an offer to conclude a user agreement with EssenBazar. If EssenBazar accepts the registration, the user will receive a confirmation email with a personalized link. Upon receipt of the confirmation email, a contract is concluded between EssenBazar and the user for the use of EssenBazar's services (hereinafter referred to as the “user contract”). In order to complete the registration, the user has to call up the link provided with the confirmation email and thus verify his/her email address. There is no entitlement to the conclusion of a usage contract.
If the registration is successful, a user account will be created, which can be accessed using his/her email address and the password selected during registration. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected against access by unauthorized third parties. If the user determines or suspects that his/her access data is being used by a third party without authorization, he/she must immediately inform EssenBazar and change his/her password immediately. Each user may only register once with the EssenBazar's services for private use and for a commercial or freelance use of the EssenBazar's services. User accounts are not transferable.
EssenBazar's ads may limit the use of certain features of EssenBazar's advertising services or the extent to which individual functions can be used, by fulfilling additional requirements, e.g. the specification of additional data, an examination and verification of the data of the user, the duration of use, the type of use (private/commercial), the previous payment behavior of the user and/or the submission of certain evidence.

Conclusion of advertising

If the user has successfully registered with EssenBazar, he or she can create his or her own advertisements for free of charge via the EssenBazar's services and publish them in the EssenBazar's advertising services. EssenBazar reserves the right to publish advertisements in certain categories only upon payment of a fee. Irrespective of this, EssenBazar reserves the right to limit the number of advertisements published free of charge by a user within a certain period of time and to offer the publication of additional advertisements only against payment of a fee. When placing an advertisement, the user has the option of selecting and booking certain chargeable additional services or, if necessary, booking such chargeable additional services even after an advertisement has been published. EssenBazar's ads can offer service packages with special services or conditions for certain user groups and/or in certain categories.
By entering the ad data, selecting additional services, if necessary, or selecting the desired service package and submitting the appropriate form, the user gives EssenBazar's ads a binding offer to conclude a contract for the temporary publication of the ad (hereinafter referred to as the "Advertisement contract") or a service package (hereinafter “service package contract”) in EssenBazar's services. The process can be terminated at any time before submitting the form by closing the browser window or the application. EssenBazar's ads can accept the offer to conclude an advertising contract by making a separate declaration to the user or by activating the advertisement. With the acceptance of the offer by EssenBazar, the advertising contract or the service package contract is concluded. EssenBazar is not obliged to accept contractual offers from the user.
The advertisement data is saved electronically. The user can manage his or her ads in the password-protected user area of EssenBazar's services, especially deleting them there. The text of the advertising contract or the service package contract is not saved separately. However, the user can access the terms of use on which the advertisement contract or service package contract is based at any time via the EssenBazar's website and then save them in reproducible form.
Even after an advertising contract has been concluded, it is possible for technical reasons that the advertisement cannot be found immediately after activation with the help of search terms within EssenBazar's services.
In the event of an invoice being sent, this is done exclusively electronically. The user is not permitted to offer or provide the purchased services to third parties without the approval of EssenBazar, in particular, to provide other users with services from a service package for use.

Content requirements for advertisements

The user is obliged to describe its respective offer truthfully, with all relevant features and characteristics in words and, if possible, also with meaningful pictures. When submitting an advertisement, the user is also obliged to indicate whether he or she publishes the advertisement privately or in the course of a commercial or independent professional activity.
The posting of advertisements, texts, images, or other content that violates legal provisions, these terms of use, third-party rights, or morality are prohibited. In particular, it is prohibited to post content - which violate copyright, trademark, and competition law regulations or legal provisions on the protection of minors.
- which violates the principles of EssenBazar's ads regarding prohibited content, or
- which contain false information or are otherwise misleading.
Users who use EssenBazar's advertising services as a commercial provider or otherwise for business purposes are subject to special legal regulations. Users are obliged to comply with the statutory information requirements and, in particular, to provide complete provider identification that meets the legal requirements.

Special obligations of the users

The user is obliged to refrain from all actions that could jeopardize the safe operation of EssenBazar's advertising services that bother other users or that otherwise go beyond the intended use of EssenBazar's advertising services. In particular, he or she is obliged to refrain from
- send email advertising, SMS advertising, chain letters, or other annoying content.
- send viruses or other technologies that could harm EssenBazar's services or the interests or property of other users.
- expose the infrastructure of EssenBazar's services to an excessive load or otherwise disrupt or endanger the functioning of EssenBazar's services.
- reproduce, make publicly available, distribute, edit, or otherwise use the contents of EssenBazar's ads without the prior consent of EssenBazar's ads in a manner that goes beyond the intended use of the EssenBazar's advertising services.
- reproduce, make publicly available, distribute, edit, or otherwise use the advertisements or other third-party content without their prior consent in a manner that goes beyond the intended use of the EssenBazar's advertising services.
- without the express written consent of EssenBazar's crawlers, spiders, scrapers, or other automated mechanisms to access EssenBazar's services and collect content.
- collect information, especially email addresses or phone numbers, about other users without the prior consent of the user.
- bypass measures to prevent or restrict access to EssenBazar's services.
The user is obliged to save and archive on his or her own storage medium all data and information stored within the EssenBazar's services, which he or she currently or will need for the purposes of preserving evidence, bookkeeping or for other purposes.

Deletion of ads, and other measures

EssenBazar is entitled to delete advertisements or other content of the user placed in EssenBazar's advertising services in whole or in part or to delay or not publish the advertisements or other content of the user if there are concrete indications that the advertisement or the content violates these terms of use or statutory provisions or that the user has otherwise culpably violated contractual obligations. In such a case, EssenBazar's ads can also warn the user and/or temporarily or permanently exclude them from using EssenBazar's services.
EssenBazar also reserves the right not to publish advertisements or to remove them from EssenBazar's advertising services where there are indications that the advertised product is not freely available for sale or is otherwise offered illegally, or if there are indications that the ad should be or has been shown for misuse. EssenBazar also reserves the right to exclude certain products from an advertisement and to remove corresponding advertisements if these products are typically advertised for abusive purposes. If a user has been excluded from the use of EssenBazar's services by EssenBazar's ads or if the user contract with the user has been terminated, the user may no longer use EssenBazar's services with other user accounts, including such user accounts that were created for third parties, and don’t sign up for EssenBazar again.
EssenBazar is entitled to restrict or terminate the provision of EssenBazar's services in whole or in part, as well as to delay the publication of advertisements or other content by users, if this is due to capacity restrictions, the security or integrity of the server, carrying out technical measures is necessary, or this serves the proper or improved provision of the services (maintenance work).

Fees for certain services

EssenBazar charges fees for certain services provided in connection with EssenBazar's advertising services and the use of certain functions of the EssenBazar's services. EssenBazar will explicitly notify the user of the fee and the amount of the costs incurred before booking a chargeable service. Prices mentioned by EssenBazar for the provision of its own services within EssenBazar's services are in euros, including the statutory sales tax.
Agreed fees are due for payment immediately and can be paid using the payment methods accepted by EssenBazar. If EssenBazar offers and accepts direct debit as a means of payment by SEPA direct debit, the direct debit will be announced ("pre-notification") with a period of at least ten working days; the deadline for the SEPA pre-notification is accordingly reduced to ten days. If the debt collection fails despite timely notification and the user is responsible for the failure, he or she has to reimburse EssenBazar for the additional costs incurred.

Liability of ads in EssenBazar

The advertisements and other content published by users in EssenBazar's services do not reflect the opinion of EssenBazar and are not checked by EssenBazar for their legality, correctness, or completeness. EssenBazar does not guarantee the correctness and completeness of the information contained in the advertisements and also does not guarantee the quality, safety, or legality of the goods or services offered by users.
EssenBazar is liable according to the legal regulations for intent and gross negligence on the part of EssenBazar, their legal representatives, executives, or other vicarious agents. The same applies to the assumption of guarantees or other assumptions of no-fault liability as well as claims under the Product Liability Act or in the event of culpable injury to life, limb, or health. EssenBazar is basically liable for simply negligent violations of essential contractual obligations caused by EssenBazar, their representatives, executives, and other vicarious agents, i.e., such obligations whose fulfillment the user regularly trusts and can trust to properly carry out the contract, in this case, but limited in amount to the typically occurring, foreseeable damage. Further liability for EssenBazar's ads is excluded.
Insofar as the liability of EssenBazar's ads is excluded or limited, this also applies in favor of the personal liability of its legal representatives, managers, and other vicarious agents.