Birger Nispel Academy Terms of Service

Students can by courses in diferent ways:

a) One time payment per single course with life-time access

b) One time payment for course-bundles with life-time access (available for business-bundle, life-bundle, health-bundle or ultimate-all-in-bundle)

b1) pament fee over 12 month for course-bundles with life-time access (available for business-bundle, life-bundle, health-bundle or ultimate-all-in-bundle)

c) subscription plan in payments per month for one year access to course-bundles , minimum duration: 12 month (available for business-bundle, life-bundle, health-bundle or ultimate-all-in-bundle). When choosing c) subscribtion plan, customer accept a monthly payment for 12 month. After 11 month, customer can continue for 12 month or cancel the subscribtion .

Courses and products are only for the use of the students who bought it.

Product License for all courses and products of Birger Nispel Academ



Licensing Terms and Conditions for all Products


Can be used for personal use
Can be packaged with other products
Can print/publish offline

Can NOT be sold
Can NOT print/publish offline or online by the costumer who bought it or be a third party
Can NOT modify/change the main product

Can NOT modify/change the graphics and cover Can NOT convey and sell Private Label Rights Can NOT convey and sell Personal Use Rights Can NOT convey and sell Resale Rights

Can NOT convey and sell Master Resale Rights

Can NOT be given away to others

Note

1. You must keep this license to verify yourself as an official licensee. You must be able to show the license on demand.
2. You may not market the product in any immoral, illegal or unethical way (Spam).


3. Any violation of this license will be subject to revoking this agreement and potential legal action may ensue.
4. DISCLAIMER must be accepted




No Liability

Under no circumstances will the product creator, programmer or any of the distributors of this product, or any distributors, be liable to any party for any direct, indirect, punitive, special,


incidental, or other consequential damages arising directly or indirectly from the use of this product. This product is provided "as is" and without warranties.

Use of this product indicates your acceptance of the "No Liability" policy. If you do not agree with our "No Liability" policy, then you are not permitted to use or distribute this product (if applicable.)

Failure to read this notice in its entirety does not void your agreement to this policy should you decide to use this product.

Disclaimer

E-Books and course have been written for information purposes only. Every effort has been made to make this E-Books and course as complete and accurate as possible. However, there may be mistakes in typography or content. Also, this E-Books and course provides information only up to the publishing date. Therefore, this E-Books and course should be used as a guide - not as the ultimate source. The purpose of this E-Books and course is to educate. The author and the publisher do not warrant that the information contained in this E-Books and course is fully complete and shall not be responsible for any errors or omissions. The author and publisher shall have neither liability nor responsibility to any person or entity concerning any loss or damage caused or alleged to be caused directly or
indirectly by this E-Books and course.

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Heights Platform Terms of Service

1. Introduction

Thank you for visiting our Site and/or using Heights, an app designed to allow you to build and manage your own online education program. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to them as amended in order to have our permission to use our Site and Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” means these Terms of Service;

“App” refers to our Heights app, which provides a platform for creating and managing online education programs;

“Heights” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or offline;

“Site” refers to our website, www.heightsplatform.com;

“User” refers to users of our App, user who pay for our Service, and general visitors to our Site;

“Program” refers to the account created by a User in which they will use our Service and build their education content.

“Student” refers to a person who signs up to use the Program which the User has created;

“You” refers to you, the person who is entering into this Agreement with Heights.

3. Corporate Information

Heights is owned and operated by Velora Studios, LLC, a Limited Liability Company formed and doing business in the State of Delaware, and registered with the Delaware Department of State’s Division of Corporations under File Number 4658163. Any legal documents to be served or other queries should, unless otherwise provided or required by this Agreement, our Privacy Policy, or any provision of any applicable law, be sent via certified mail to:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

4. Heights’ Purpose

Heights is an online course creation software platform for creating and managing an online education program. We provide tools that help you to create and organize educational content to teach Students and analyze their progress.

5. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Heights, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
• You must be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act. If you live in a jurisdiction other than the United States and your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
• You must sign up for only one account (this includes, but is not limited to, a prohibition on repeatedly signing up for different accounts to take advantage of more than one free trial offer). An exception can be made at our discretion if you send us an email explaining your business need for a secondary account.
• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
• You must be authorized by the holder of any payment method to use their account for the purposes of signing up for our Service.

6. Disclaimer

Heights provides its Service on an as-is basis and, notwithstanding any other statements or examples given on our Site or elsewhere, makes no representations as to how Heights can be best used by any specific User or Student. You agree that you bear the sole responsibility of determining whether the Heights App is suitable for your use, and that Heights shall not be liable for any losses which result from the use of our Service.

7. Rules of Use

Once you have met our eligibility criteria described above and paid the appropriate fee to Heights as a User, or signed up under a User's Program as a Student, you will be provided with access to our Service. Although you have met the preliminary requirements to use our Service, there are certain additional rules which apply before, during, and subsequent to your registration with Heights. You must not:

• Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Use Heights for teaching Students about topics that are illegal, unethical, or dangerous.
• Be fraudulent or negligent when making payments to us (such as by using someone’s credit card without authorization, or using a card which you know will have the payment reversed for any reason).
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Hack, crack, phish, SQL inject, or otherwise compromise, or attempt to compromise the security or integrity of the Heights Site, Service, App, or its Users’ computers.
• Scrape data or scan the Site, Service, or App.
• Abuse the Service you are provided by using it in such a way that is not intended by Heights or in a way that could impact Heights or its Users in a negative way.
• Do anything else which, at the discretion of Heights, could harm the safety or legal interests of Heights or any third party, including but not limited to other Users or Students.

Fair Use Policy for Unlimited Uploading and Bandwidth: Generally, we do not limit or impose additional charges for video or data storage (ex: the data stored in your Program for courses, products, text, files, video, audio, and other multimedia content you create), or bandwidth consumption (ex: the data used in order to deliver your files, site pages, and videos to Students). This policy is subject to fair use: If your aggregate storage usage or bandwidth usage (across every account you control) is higher than 99% of Users on our App in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a different plan, or terminate your account(s) upon advance written notice.

8. Payment, Billing, and Refunds

All payments are processed by our third party payment processor, Stripe, and payment may be made to them by Visa, MasterCard, American Express, JCB, Discover, and Diners Club cards. All prices on our Site, unless otherwise stated, are listed in United States dollars.

We may decide to apply varying payment plans from time to time. For example, we may require that you pay one lump sum for the purchase of our App, or we may rebill you on a recurring subscription basis. In either case, payment terms and, if applicable, rebilling periods shall be posted on our Site and are hereby incorporated into this Agreement by reference. If two or more listed payment terms conflict with each other, the one most beneficial to Heights shall take precedence.

You may cancel your subscription at any time. Refunds will be provided in full within the first thirty days of your subscription if for any reason you are not satisfied with our Service and notify us of your request for a refund within that time. After thirty days beyond your initial purchase, we will not be obliged to provide any refund, even on a pro rata basis. You may cancel your Service at any time after the initial thirty days and you will continue to have access to our Service until the end of the most recently paid subscription period, if applicable.

Should payment plans change or increase after an initial subscription, current Users will either have the option of staying on their current plan or may be grandfathered into the new subscription plan at their current subscription plan’s rate for a period of one year.

Active Student limits on subscription plans for accounts created on or after January 1st, 2023:

An "Active Student" is a Student in a User's Program who is currently able to login, access at least one product, and is not marked by you as "deactivated". Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:

• Overage of up to 10% above the plan limit for a single month on plans offering 5000 active students or more.
• Overage of up to 50 students above the limit for a single month on plans with limits of 100 active students.

An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.

Active Student limits on subscription plans for accounts on legacy plans created before January 1st, 2023:

An "Active Student" is a Student in a User's Program who has logged into the Program in the past 30 days. Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:

• Overage of up to 15% above the plan limit for a single month on plans offering 1000 active students or more.
• Overage of up to 50 students above the limit for a single month on plans with limits of less than 1000 active students.

An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.

9. Discounts

Heights may, but is not obligated to, provide discounts, including but not limited to an initial thirty day free trial offer for the use of our Service. The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Heights shall take effect. Discounts may not be applied to past payments.

Heights may refuse to provide such discounts for any reason including, but not limited to, fraud, unauthorized accounts (such as multiple accounts being used to take advantage of a one-time offer repeatedly), mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

10. Chargebacks, Credit Card Cancellations, and PayPal Disputes

Where a User provides payment to Heights, and that amount of money is subsequently taken from Heights due to a chargeback or similar reversal, Heights shall be entitled to recover that amount from the User as liquidated damages, as well as our reasonable attorneys’ fees, court costs and disbursements, and/or collection agency fees required to collect these liquidated damages.

Please note that this restriction on chargebacks is designed to prevent fraud and keep our costs low, which allows us to offer lower prices for our Service. Users may of course bring disputes against us in accordance with the “Forum of Dispute” provisions found further below.

As a User of our App, if a Student requests a refund from you, it is your responsibility to handle this with your Student. Heights does not collect payments from your Students. Heights is not a Merchant of Record platform. Any disputes of Student payments are between the Student, User, and the third-party payment processor the User chooses to use. As a User with Students, it is your responsibility to have your own terms, privacy policy, and refund policy in place and follow all applicable laws. Further, while Heights provides email support to its Users, Heights does not offer email support to the Students of its Users.

11. Third Party Charges

Because Heights may be used with a mobile device, certain third party SMS charges, data charges, and other fees may be applied in relation to your use of our Service. You agree that you are responsible for tracking and paying these charges, and that Heights shall not be liable to you for such charges.

12. Limited License

Heights is provided as licensed software to you. When you provide the proper payment to us or otherwise meet the requirements to use our App (such as by being eligible for a trial offer), you are authorized to use one account for our software at the price given. You may not distribute this software, copy it, reverse engineer it, or otherwise tamper with it or reproduce it. Heights reserves the right to revoke our license for our App’s use at any time.

13. Server Maintenance and Other Downtime

At time, Heights may have server downtime or other Service outages for reasons including, but not limited to, server maintenance, legal compliance, security issues, or other business operations. You agree that we are not liable for any losses incurred by you as a result of such downtime, and that you should have a backup plan in place if you are relying on our Service for any purpose which could cause a loss to you if our Service became unavailable.

14. Our Copyright

Heights expended much effort on developing its App and ensuring that it is unique from other Apps. Copying our App or any portion thereof could, in addition to being prohibited generally by intellectual property law, harm our business. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including our App, without receiving our prior written permission.

15. Your Copyright

Heights must be assured that it has the right to use the content that is uploaded using its App. Such content may include, but is not limited to, arrangements of data by Users in which a copyright subsides. Whenever submitting content to us through our App, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use the content that you submit to us for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

16. Trademarks and Service Marks

“HEIGHTS”, “Heights Platform”, the Heights Platform logo icon, “Velora,” “Velora Studios,” and the Velora Studios icon are registered trademarks used by us, Velora Studios, LLC, to uniquely identify our Site, Service, and business. Additionally, the service mark “Climb Above” and the service mark “Creator Climb” are an unregistered trademarks protected generally by the provisions of the Lanham Act, as well as various status prohibiting unfair competition and the common law tort of passing off. You agree not to use our marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site, App, or their design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own App or other directly or indirectly competing business.

17. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

18. Copyright & Trademark Infringement

Users must not post any information that infringes on anyone’s copyright. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at support@heightsplatform.com. Since we request notification by e-mail, an electronic signature is acceptable.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

19. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR APP, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF OUR APP AS IT APPLIES TO YOU.

WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY PAYMENT ISSUES WHICH YOU MAY HAVE.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

20. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Heights provides an App to its Users as a service. Heights is not a marketplace, and is not responsible for any interactions between its Users and their Students.

21. Choice of Law

This Agreement shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract are deemed to have occurred in the State of Texas.

22. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Texas. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction having the authority to hear civil matters in the State of Texas (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

If for any reason the provisions in this section as to the proper forum of dispute are found to be unenforceable and another state may have jurisdiction over such disputes, you agree that this section shall apply as analogously as possible in that other state, including but not limited to the requirement that the dispute be brought in that state’s small claims court.

23. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

24. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Heights shall have the sole right to elect which provision remains in force.

25. Non-Waiver

Heights reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

26. Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

27. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

28. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page every time you access our Site or Service, and if you do not agree to any changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at support@heightsplatform.com so that we may disable your account.

29. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to support@heightsplatform.com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: August 31, 2023

Birger Nispel Academy Privacy Policy

AirMed PLUS GmbH – Privacy policy
PRIVACY STATEMENT
1) INFORMATION ON THE COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE RESPONSIBLE PERSON
1.1 We are pleased that you are visiting our website, and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data in this context is any data by which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is AirMed PLUS GmbH, Harpener Feld 34, 44805 Bochum, Germany, Tel.: 0234 – 91 77 33 20, Fax: 0234 – 91 77 33 22, E-mail: birger.nispel@airmedplus.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the controller). You can recognise an encrypted connection by the string „https://“ and the lock symbol in your browser line.

2) DATA COLLECTION WHEN VISITING OUR WEBSITE
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called „server log files“). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

Our visited website
Date and time at the time of access
Amount of data sent in bytes
Source/reference from which you reached the page
Browser used
Operating system used
IP address used (if applicable: in anonymised form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

3) COOKIES
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (third-party cookies) to recognise your browser on your next visit (persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data and IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie.

If personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 para. 1 lit. B DSGVO either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). If we cooperate with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the paragraphs below.

Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: http://help.opera.com/Windows/10.20/de/cookies.html

Please note that if you do not accept cookies, the functionality of our website may be limited.

4) CONTACTING US
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. F DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after your request has been processed. This is the case when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

5) USE OF CUSTOMER DATA FOR DIRECT ADVERTISING
5.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only data required for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only e-mail you the newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the purpose of addressing you in an advertising manner by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data, or we reserve the right to use your data in a way that goes beyond this, which is permitted by law and about which we inform you in this declaration.

5.2 Newsletter dispatch via Klick-Tipp

Our e-mail newsletters are sent via the technical service provider KLICK-TIPP Limited, 15 Cambridge Court, 210 Shepherds Bush Road, London W6 7NJ, United Kingdom, to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 (1) lit. f DSGVO and serves our legitimate interest in using a newsletter system that is effective in advertising, secure and user-friendly. The data you enter for the purpose of receiving the newsletter (e.g. email address) is stored on Klick-Tipp’s servers in the EU.

Klick-Tipp uses this information to send and statistically evaluate the newsletters on our behalf. For the evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively in pseudonymity form and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

Furthermore, Klick-Tipp may use this data itself in accordance with Art. 6 (1) lit. f DSGVO on the basis of its own legitimate interest in designing and optimising the service in line with demand, as well as for market research purposes, for example to determine which countries the recipients come from. However, Klick-Tipp does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.

We have concluded an order processing agreement with Klick-Tipp, with which we oblige Klick-Tipp to protect our customers‘ data and not to pass it on to third parties.

You can view Klick-Tipp’s privacy policy here: https://www.klick-tipp.com/datenschutzerkl%C3%A4rung

5.3 Advertising by letter post

On the basis of our legitimate interest in personalised direct advertising, we reserve the right to store your first and last name, your postal address and – insofar as we have received this additional information from you within the framework of the contractual relationship – your title, academic degree, year of birth and your occupational, industry or business designation in accordance with Art. 6 Para. 1 lit. f DSGVO and to use it to send you interesting offers and information about our products by letter post.

You can object to the storage and use of your data for this purpose at any time by sending a message to the person responsible.

6) USE OF SOCIAL MEDIA: VIDEOS
6.1 Use of Vimeo videos

Plugins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on our website. When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the Vimeo servers. The content of the plugin is transmitted by Vimeo directly to your browser and integrated into the page. Through this integration, Vimeo receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Vimeo account or are not currently logged in to Vimeo. This information (including your IP address) is transmitted by your browser directly to a Vimeo server in the USA and stored there.
If you are logged in to Vimeo, Vimeo can directly assign your visit to our website to your Vimeo account. If you interact with the plugins (e.g. by clicking on the start button of a video), this information is also transmitted directly to a Vimeo server and stored there.

The described data processing operations are carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of Vimeo’s legitimate interest in market research and the needs-based design of the Vimeo service.

If you do not want Vimeo to assign the data collected via our website directly to your Vimeo account, you must log out of Vimeo before visiting our website.

The purpose and scope of the data collection and the further processing and use of the data by Vimeo, as well as your rights in this regard and setting options for protecting your privacy, can be found in Vimeo’s data protection information: https://vimeo.com/privacy.

The Google Analytics tracking tool of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, is automatically integrated into videos from Vimeo that are embedded on our site. This is Vimeo’s own tracking, to which we have no access and which cannot be influenced by our site. Google Analytics uses so-called „cookies“ for tracking, which are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

This processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of Vimeo’s legitimate interest in the statistical analysis of user behaviour for optimisation and marketing purposes.

As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the „Cookie Consent Tool“ provided on the website.

6.2 Use of YouTube videos

This website uses the Youtube embedding function to display and play videos from the provider „YouTube“, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“).

The extended data protection mode is used here, which, according to the provider, only triggers the storage of user information when the video(s) is/are played. If the playback of embedded Youtube videos is started, the provider „YouTube“ uses cookies to collect information about user behaviour. According to information from „YouTube“, these are used, among other things, to collect video statistics, to improve user-friendliness and to prevent abusive behaviour. If you are logged in to Google, your data will be directly assigned to your account when you click on a video. If you do not wish to have your data associated with your YouTube profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of Google’s legitimate interests in the display of personalised advertising, market research and/or needs-based design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. The use of YouTube may also result in the transmission of personal data to the servers of Google LLC. in the USA.
Independently of a playback of the embedded videos, a connection to the Google network is established each time this website is called up, which may trigger further data processing operations without our influence.

Further information on data protection at „Youtube“ can be found in the Youtube terms of use at https://www.youtube.com/static?template=terms and in Google’s data protection declaration at https://www.google.de/intl/de/policies/privacy.

As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the „Cookie Consent Tool“ provided on the website.

7) ONLINE MARKETING
7.1 Facebook Pixel for the creation of Custom Audiences
Within our online offer, the so-called „Facebook Pixel“ of the social network Facebook is used, which is operated by Facebook Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland („Facebook“).
If a user clicks on an advertisement placed by us and played on Facebook, an addition is added to the URL of our linked page by Facebook Pixel. If our site allows data to be shared with Facebook via Pixel, this URL parameter is inscribed in the user’s browser via a cookie that our linked site sets itself. This cookie is then read by Facebook Pixel and enables the data to be forwarded to Facebook.
With the help of the Facebook Pixel, it is possible for Facebook, on the one hand, to determine the visitors to our online offer as a target group for the display of advertisements (so-called „Facebook Ads“). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Facebook (so-called „Custom Audiences“). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. This allows us to further evaluate the effectiveness of the Facebook ads for statistical and market research purposes by tracking whether users were redirected to our website after clicking on a Facebook ad (so-called „conversion“).
The data collected is anonymous for us, so it does not allow us to draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook data usage policy (https://www.facebook.com/about/privacy/). The data may enable Facebook and its partners to place advertisements on and outside of Facebook.
The data processing associated with the use of the Facebook Pixel is only carried out with your express consent in accordance with Art. 6 Para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, remove the checkmark next to the setting for the „Facebook Pixel“ in the „Cookie Consent Tool“ integrated on the website.

7.2 Use of Google Ads conversion tracking

This website uses the online advertising programme „Google Ads“ and, within the framework of Google Ads, the conversion tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). We use Google Ads to draw attention to our attractive offers on external websites with the help of advertising media (so-called Google Ads). We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. Our aim is to show you advertising that is of interest to you, to make our website more interesting for you and to achieve a fair calculation of the advertising costs incurred.

The conversion tracking cookie is set when a user clicks on an ad placed by Google. Cookies are small text files that are stored on your end device. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognise that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies cannot therefore be tracked across Google Ads clients‘ websites. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted in to conversion tracking. Clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that personally identifies users. If you do not wish to participate in the tracking, you can block this use by deactivating the Google conversion tracking cookie via your internet browser under the keyword „User settings“. You will then not be included in the conversion tracking statistics. We use Google Ads based on our legitimate interest in targeted advertising pursuant to Art. 6 (1) lit. f DSGVO. The use of Google Ads may also involve the transmission of personal data to the servers of Google LLC. in the USA.

You can obtain further information about Google’s data protection provisions at the following Internet address: https://www.google.de/policies/privacy/.

You can permanently object to the setting of cookies by Google Ads conversion tracking by downloading and installing the Google browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=de

Please note that certain functions of this website may not be available or may only be available to a limited extent if you have deactivated the use of cookies.

As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the „Cookie Consent Tool“ provided on the website or alternatively follow the option described above for making an objection.

7.3 LinkedIn Marketing Solutions

We use „LinkedIn Marketing Solutions“ on our website, a service of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (hereinafter „LinkedIn“). This enables us to point visitors to our website to our own content based on their usage behaviour on the LinkedIn social network, which is likely to be of interest to the user in question. This content is displayed on the basis of a cookie-based analysis of previous user behaviour, but no personal data is stored. For this interest-based content determination, cookies, i.e. small text files, are stored on your computer or mobile device in order to collect pseudonyms data about your surfing behaviour and thus adapt the content individually to the stored information.
Insofar as the collected and evaluated information has a personal reference, the processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in displaying personalised page content and in market research.
The information can be assigned to the person of the user with the help of further information that LinkedIn has stored about the user, e.g. due to the ownership of an account on the social network „LinkedIn“. LinkedIn uses an algorithm to analyse the surfing behaviour and can then display targeted product recommendations as personalised advertising banners on the user’s LinkedIn account. LinkedIn may also combine the information collected via the cookies with further information that LinkedIn has collected via other websites and / or in connection with the use of the social network „LinkedIn“, and thus create pseudonymised usage profiles. In no case, however, can the collected information be used to personally identify visitors to this website.
You can prevent the collection of the aforementioned information by LinkedIn by setting an opt-out cookie on one of the websites linked below:
https://www.linkedin.com/psettings/guest-controls
As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future by deactivating this service in the „Cookie Consent Tool“ integrated on this website.
Further information on the data protection provisions of LinkedIn can be found on the following website: https://www.linkedin.com/legal/privacy-policy.

7.4 Use of affiliate programmes

Digistore24 Affiliate Programme
We participate in the affiliate program of Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim („Digistore24“). In this context, we have placed advertisements on our website as links that lead to offers from Digistore24. Digistore24 uses cookies, which are generally set on the partner site and for which we are not responsible under data protection law in this respect. Cookies are small text files that are stored on your terminal device in order to be able to trace the origin of orders generated via such links. In doing so, Digistore24 can recognise, among other things, that you have clicked on the partner link on our website. This information is required for payment processing between us and Digistore24. Insofar as the information also contains personal data, the described processing is carried out on the basis of our legitimate financial interest in processing commission payments with Digistore24 in accordance with Art. 6 (1) lit. f DSGVO.
For more information on the use of data by Digistore24, please visit https://www.digistore24.com/page/privacy.

Cookies from Digistore24 for reading out information on the end device used are only set if you have given your express consent to this in accordance with Art. 6 Para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future by using the settings options provided by Digistore24.

8) WEB ANALYTICS SERVICES
8.1 1&1 IONOS WebAnalytics

This website uses „1&1 IONOS Web Analytics“, a web analytics service provided by 1&1 IONOS Internet SE, Elgendorfer Str. 57, 56410 Montabaur („1&1 IONOS“), to track and analyse certain user actions. For this purpose, a Javascript-based tracking pixel is implemented on our website, which can track user actions as a single-pixel file through interaction with 1&1 IONOS.

The tracking pixel collects certain user information in anonymised form, transmits it to 1&1 IONOS and analyses it there. This anonymised information includes, among other things, the user’s IP address, referrer abbreviations of previously visited websites, the type of terminal device used, the type of browser used, the operating system used and the time stamp of accessInsofar as the information processed in this way includes personal user data, the processing is carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in the statistical analysis of user behaviour for optimisation and marketing purposes.

If you do not wish to have information processed by 1&1 IONOS in the future, you can prevent this by deactivating the execution of Java Script in your browser. Alternatively, you can prevent the execution of JavaScript code by installing a JavaScript blocker (e.g. https://noscript.net/ or https://www.ghostery.com). In this case, however, it is very likely that you will not be able to use all the functions of the website to their full extent.

As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the option described above for making an objection.

8.2 Google (Universal) Analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). Google (Universal) Analytics uses „cookies“, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
This website uses Google (Universal) Analytics exclusively with the extension „_anonymized()“, which ensures anonymisation of the IP address by shortening it and excludes direct personal reference. The extension means that your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC.server in the USA and shortened there. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. In this context, the IP address transmitted by your browser as part of Google (Universal) Analytics will not be merged with other Google data.
Google Analytics also enables the creation of statistics with statements about the age, gender and interests of site visitors on the basis of an evaluation of interest-based advertising and with the inclusion of third-party information via a special function, the so-called „demographic characteristics“. This allows the definition and differentiation of user groups of the website for the purpose of the target group-optimised orientation of marketing measures. However, data records collected via the „demographic characteristics“ cannot be assigned to a specific person.

All of the processing described above, in particular the setting of Google Analytics cookies for the reading of information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 Para. 1 lit. a DSGVO. Without this consent, Google Analytics will not be used during your visit to the site.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the „Cookie Consent Tool“ provided on the website. We have concluded an order processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transfer of data from the EU to the USA, Google refers to the so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de

9) RETARGETING/ REMARKETING/ REFERRAL ADVERTISING
Google Ads Remarketing
Our website uses the Google Ads Remarketing function to advertise this website in Google search results and on third-party websites. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). For this purpose, Google sets a cookie in the browser of your terminal device, which automatically enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit. The processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 para. 1 lit. f DSGVO.
Further data processing will only take place if you have consented to Google linking your internet and app browsing history to your Google account and using information from your Google account to personalise the ads you see on the web. In this case, if you are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, your personal data will be temporarily linked by Google with Google Analytics data in order to form target groups. In the context of the use of Google Ads Remarketing, personal data may also be transmitted to the servers of Google LLC. in the USA.
You can permanently deactivate the setting of cookies for advertising preferences by downloading and installing the browser plug-in available at the following link: https://www.google.com/settings/ads/onweb/.
Alternatively, you can obtain information from the Digital Advertising Alliance at the Internet address www.aboutads.info about the setting of cookies and making settings in this regard. Finally, you can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be limited. Further information and the data protection provisions regarding advertising and Google can be viewed here:
https://www.google.com/policies/technologies/ads/
As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the option described above for making an objection.

10) TOOLS AND OTHER
10.1 Cookie consent tool based on Usercentrics technology

This website uses a cookie consent tool with technology from User-centric GmbH, Rosenthal 4, 80331 Munich (hereinafter „Usercentrics“) to obtain effective user consent for cookies and cookie-based applications requiring consent.

By integrating a corresponding JavaScript code, users are shown a banner when they access the page in which they can give their consent to certain cookies and/or cookie-based applications by ticking the appropriate box. The tool blocks the setting of all cookies requiring consent until the respective user gives the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the user’s end device if consent has been granted.

In order for the cookie consent tool to be able to clearly assign page views to individual users and to individually record, log and store the consent settings made by the user for a session duration, certain user information (including the IP address) is collected when our website is called up by the cookie consent tool, transmitted to servers of User-centric and stored there.

This data processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Further legal basis for the described data processing is furthermore Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

We have concluded an order processing agreement with User-centric, with which we oblige User-centric to protect the data of visitors to our website and not to pass it on to third parties.

For more information on the use of data by Usercentrics, please see the Usercentrics privacy policy at https://usercentrics.com/privacy-policy/.

10.2 Google reCAPTCHA

On this website we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). This function is primarily used to distinguish whether an entry is made by a natural person or is abused by machine and automated processing. The service includes the sending of the IP address and, if applicable, further data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in determining individual personal responsibility on the Internet and the prevention of abuse and spam. The use of Google reCAPTCHA may also involve the transmission of personal data to the servers of Google LLC. in the USA.

Further information on Google reCAPTCHA and Google’s data protection declaration can be found at: https://www.google.com/intl/de/policies/privacy/.

Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 Para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option described above for making an objection.

11) RIGHTS OF THE DATA SUBJECT
11.1 The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:

Right of access pursuant to Art. 15 DSGVO: In particular, you have the right to obtain information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and the intended effects of such processing concerning you, as well as your right to be informed about which guarantees exist in accordance with Art. 46 DSGVO in case of transfer of your data to third countries;
Right to rectification pursuant to Art. 16 of the GDPR: You have the right to have any inaccurate data relating to you rectified without delay and/or to have any incomplete data stored by us completed.Right to rectification pursuant to Art. 16 of the GDPR: You have the right to the immediate rectification of any inaccurate data relating to you and/or the completion of any incomplete data stored by us;
Right to deletion pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
Right to restriction of processing pursuant to Art. 18 of the GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defence of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
Right to information pursuant to Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, without prejudice to any other administrative or judicial remedy.
11.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

12) DURATION OF STORAGE OF PERSONAL DATA
The duration of the storage of personal data is measured on the basis of the respective legal basis, the processing purpose and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

If personal data is processed on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data will be stored until the person concerned revokes his/her consent.

If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no justified interest on our part in continuing to store it.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his/her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21(2) DSGVO.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

Specifically for Facebook:

INFORMATION ON DATA PROTECTION
1) INFORMATION ON THE COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE CONTROLLER
1.1 In the following, we inform you about the handling of your personal data. In this context, personal data is any data by which you can be personally identified.

Please check carefully what personal data you share with us via Facebook. As long as you are logged into your Facebook account and visit our Facebook profile, Facebook can assign this to your Facebook profile. We expressly point out that Facebook stores the data of its users (e.g. personal information, IP address, etc.) and may also use this data for business purposes. For more information on Facebook’s data processing, please refer to Facebook’s privacy policy at https://de-de.facebook.com/policy.php.

We have no influence on the data collection and further processing by Facebook. Furthermore, it is not apparent to us to what extent, where and for how long the data is stored by Facebook, to what extent Facebook complies with existing deletion obligations, what evaluations and links are made with the data by Facebook and to whom the data is passed on by Facebook. If you would like to avoid Facebook processing personal data that you have transmitted to us, please contact us by other means. Our full contact details can be found in our imprint on Facebook.

1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is AirMed PLUS GmbH, Harpener Feld 34, 44805 Bochum, Germany, Tel.: 0234 – 91 77 33 20, Fax: 0234 – 91 77 33 22, e-mail: birger.nispel@airmedplus.de, insofar as we exclusively process the data transmitted to us by you via Facebook ourselves.

Insofar as the data you provide to us via Facebook is also or exclusively processed by Facebook (Insights data), Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, is also the data controller within the meaning of the General Data Protection Regulation (GDPR) in addition to us. In this respect, the data processing is carried out on the basis of an agreement between jointly responsible parties pursuant to Art. 26 DSGVO, which you can view here:
https://www.facebook.com/legal/terms/page_controller_addendum.

Furthermore, for the use of certain Facebook products, such as the so-called „Facebook Business Tools“, and for data processing carried out as a result thereof, a supplementary agreement between us and Facebook Ireland Ltd. as joint controller pursuant to Art. 26 DSGVO applies, which can be viewed here:
https://www.facebook.com/legal/controller_addendum

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) DATA PROTECTION OFFICER
You can contact Facebook’s data protection officer via the online contact form provided by Facebook at https://www.facebook.com/help/contact/540977946302970.

3) DATA PROCESSING WHEN CONTACTING US
We ourselves collect personal data when you contact us via contact form or Messenger, for example. You can see which data we collect when you contact us via the contact form from the relevant contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted once we have completed processing your enquiry, provided there are no legal obligations to retain data. We assume that processing is complete if it can be inferred from the circumstances that the matter in question has been conclusively clarified.

4) DATA PROCESSING FOR DIRECT ADVERTISING
Advertising by letter post

On the basis of our legitimate interest in personalised direct advertising, we reserve the right to store your first and last name, your postal address and – insofar as we have received this additional information from you within the framework of the contractual relationship – your title, academic degree, year of birth and your occupational, industry or business designation in accordance with Art. 6 Para. 1 lit. f DSGVO and to use it for sending you interesting offers and information on our products by letter post.

You can object to the storage and use of your data for this purpose at any time by sending a message to the person responsible.

5) DATA PROCESSING FOR STATISTICAL AND MARKETING PURPOSES
5.1 Page insights

Facebook provides us with so-called page insights for our Facebook page: https://www.facebook.com/business/a/page/page-insights. These are aggregated data that allow us to understand how people interact with our Page. Page insights may be based on personal data collected in connection with a visit to or interaction with our site and its content. Pursuant to Art. 6 para. 1 lit. f DSGVO, this serves to protect our legitimate interests in an optimised presentation of our offer and effective communication with customers and interested parties, which outweigh our interests in the context of a balancing of interests.

You can object to the processing of your data for the aforementioned purposes at any time by changing your settings for advertisements accordingly in your Facebook user account at https://www.facebook.com/settings?tab=ads.

5.2 Facebook Lead Ads

We use the „Lead Ads“ function of Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland („Facebook“) to collect and process certain personal data of interested parties – so-called leads – via a contact form displayed on Facebook websites (so-called „Instant Form“). The content and scope of the data requested in this form depends on the focus of the respective lead campaign.

The processing of the data is strictly bound to the purposes pursued with the respective lead ad campaign. These purposes are clearly stated in the lead ad or on the form provided before the data provided is transmitted. Depending on the orientation of the Lead Ad campaign, the legal basis for the data processing is either your express consent pursuant to Art. 6 (1) lit. a DSGVO (e.g. for direct advertising measures such as registration for e-mail newsletter dispatch) or our legitimate interest in optimal marketing of our offer pursuant to Art. 6 (1) lit. f DSGVO. The data will not be passed on to third parties.

As part of the aforementioned services, data transmitted via instant forms may be stored on servers of Facebook Inc, 1601 Willow Rd, Menlo Park, CA 94025, USA.

For more information on data processing via Facebook Lead Ads, please refer to Facebook’s data policy at https://de-de.facebook.com/privacy/explanation.

6) RIGHTS OF THE DATA SUBJECT
6.1 The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:

Right to information pursuant to Art. 15 GDPR;
Right to rectification pursuant to Art. 16 GDPR;
Right to erasure pursuant to Art. 17 GDPR;
Right to restriction of processing pursuant to Art. 18 GDPR;
Right to information pursuant to Art. 19 GDPR;
Right to data portability pursuant to Art. 20 GDPR;
Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
Right to lodge a complaint pursuant to Art. 77 DSGVO.
6.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

7) DURATION OF STORAGE OF PERSONAL DATA
The duration of the storage of personal data is measured on the basis of the respective legal basis, the processing purpose and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, this data is stored until the data subject revokes his/her consent.

If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after expiry of the retention periods, insofar as it is no longer required for the fulfilment of a contract or the initiation of a contract and/or there is no further justified interest on our part in continuing to store it.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his/her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21(2) DSGVO.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

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Heights Platform Privacy Policy

We believe that privacy is important. As such, we only collect the information needed to conduct business and improve your experience. We will never sell your data and we will not share your data without your permission. Our Privacy Policy below, and our list of Subprocessors covers a list of the data we collect, how and why we use it, and where it is kept.

1. Introduction

Thank you for visiting our Site and/or using Heights, an app designed to allow you to build and manage your own online education program. This Privacy Policy, like our Terms of Service, is an integral part of using our service, and you must completely agree to it in order to use our website and service.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

“App” refers to our Heights app, which provides a platform for creating and managing online education programs;

“Heights” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Privacy Policy” refers to this Privacy Policy;

“Service” refers to the services that we provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or offline;

“Site” refers to our website, www.heightsplatform.com;

“Subprocessor” refers to an entity which processes personal data on behalf of Heights so that we can provide our Service;

“User” refers to users of our App, and general visitors to our Site;

“You” refers to you, the person who is governed by this Privacy Policy.

3. Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, credit card information, IP address, time zone information, password, and any other information that we may deem relevant to provide our Service to you. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy. We will never sell your personal info to third parties, and we won’t use your name or company in our marketing materials without your permission.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4. Use of Your Information

We may use your information to:

• Enhance or improve User experience, our Site, or our Service.
• Process transactions.
• Send e-mails about our Site or respond to inquiries.
• Target advertisements that we believe may be of interest to you.
• Provide you with our Service (such as by storing data of courses and lessons you create on our servers so that you may access them using the App).
• Provide support to help you improve your program and or courses within them.
• Tracking behavior metrics for improvement of our Service. Please note that although we may track User behavior (e.g., last login date and percentage of lessons completed, last lesson views, numbers of students and courses in a program), we will not store and track sensitive payment information on our servers. Payment information is instead stored by a PCI compliant third party vendor (Stripe).
• If Heights merges with or is acquired by another company. Should this ever happen, we will notify you before any personal information is transferred and becomes subject to a different policy.
• Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

5. Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6. Cookies

We use cookies to create a session and remember a User as they use our Site, in order to distinguish them from other Users. We also use them to remember your preferences, compile statistical data about the usage of our Site, protect against malicious usage of our Site and optimize the speed of our Site. For this reason, it is necessary that you enable cookies in your browser in order to use our Service, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system. There are four primary uses for different types of cookies we may use:

Revoking permission of certain cookies that are not operation essential for us to provide our service:

Heights uses the Facebook Conversion Tracking Pixel, a service of Facebook, Inc. (https://www.facebook.com/policy.php). This cookie is an advertising type cookie which allows us to record the results of our advertisement performance for marketing purposes. You can revoke the permission for Facebook to track this at the following link: https://www.facebook.com/ads/website_custom_audiences/

Heights uses Google Analytics, a service of Google, Inc. (https://policies.google.com/privacy?hl=en) which allows us to track visits to our website and other browser data so that we can improve your experience. Our particular use of Google Analytics keeps your IP address anonymized before Google records it. This anonymized, or masked IP address, will not be connected to any other data on Google. This is an analytics type cookie. You can prevent analysis of your browser behavior across all websites using Google Analytics by installing this browser plugin: http://tools.google.com/dlpage/gaoptout. Google Analytics Advertising Features may also use anonymized insights into your device behaviors, and you can access and or delete such data via Google's "My Activity" page.

7. Third Party Websites

Heights may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Heights, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Heights bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

8. Third Party Access to Your Information

Although you are entering into an Agreement with Heights to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. A current list of vendors is available upon request.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use the following third party services which may also store data about you:

• Anonymized: Any data that could be used to identify the data subject is scrubbed, or a specific encryption policy is used in a case where data is not anonymized.
• Discarded: Data is destroyed automatically without requiring a request by data subject
• Archived: Data can only be accessed by Heights founder.

You authorize us to allow third party Site and App visitors to view and download data to their respective devices (not limited to mobile phones, tablets, laptops, computers), whether these third party visitors access this content via our Site, App or view and download this content via any mobile application which displays it. Without limiting generality, you understand that the ability of other parties to view information you save in our App and Site is a part of the Service we are providing to you.

9. Release of Your Information for Legal Purposes

At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, unless we are legally prevented from it, we will notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Heights since, by providing such information, you agree to receive communication from us other anyone else covered under this Privacy Policy. However, you may unsubscribe from marketing communications by clicking on the unsubscribe links in our marketing emails, or by notifying Heights that you no longer wish to receive solicitations or information and we will remove you from the database. We may still send certain transactional emails required in order to provide you notice to important alerts regarding your account in our Service.

11. Security Measures

We take certain measures to enhance the security of our Site and Service, such as by using SSL Certificates. Your data is encrypted in transit between you and Heights for account and payment related pages. Should you be accessing our service through a custom domain (ie: a domain other than heightsplatform.com), ensure that the domain used to access our service also has HTTPS if you want your data to be encrypted throughout our entire App. We make routine, secure backups of your data, and we use multiple techniques to eliminate points of failure. We also conduct security reviews on our Service periodically and ensure that third party contractors and employees only have access to the information that is necessary for them to perform their job. However, we make no representations as to the security or privacy of your information. It is in our best interest to keep our website secure, but we recommend that you exercise precautions and use anti-virus software, firewalls, and other precautions such as not telling others your password to protect yourself from security threats. If you need to report an exploit, or you have noticed and incident with your account, please contact us at security@heightsplatform.com.

12. Security Breach Notifications

In the event that your private data are disclosed to unauthorized people (ie: hackers), Heights will send email notifications to all possibly affected parties. We may also make an announcement on our Site directly.

13. Deleted Data

We retain your personal information for the duration of our business relationship, and afterwards for as long as necessary for legitimate business purposes until you exercise your right to erase your personal information. When you request your account and personal information be deleted, we’ll ensure that nothing is stored on our servers past 30 days. Data that you choose to delete from your account while it is active will also be deleted within 30 days, though most data is deleted instantly.

14. GDPR Rights

The General Data Protection Regulation (“GDPR”) gives people under its protection certain rights with respect to their personal information collected by us on the Site. Accordingly, Heights recognizes and will comply with GDPR and those rights, except as limited by applicable law. The rights under GDPR include:

• Right to Be Informed. This is your right to know how we will process your data, who will process it, and where it might be located.
• Right to Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
• Right to Rectification. This is your right to request correction errors and updating of incomplete information.
• Right to Erasure. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession (also known as the "Right to deletion" or "Right to be forgotten"). However, if applicable law requires us to comply with your request to delete your information, fulfillment of your request may prevent you from using Heights services and may result in closing your account.
• Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed.
• Right to Object. This is your right, in certain situations, to object to how or why your personal information is processed.
• Right to Portability. This is your right to receive the personal information we have about you and the right to transmit it to another party.
• Right to not be subject to Automated Decision-Making. This is your right to object and prevent any decision that could have a legal, or similarly significant, effect on you from being made solely based on automated processes. This right is limited, if the decision is necessary for performance of any contract between you and us, is allowed by applicable European law, or is based on your explicit consent.

Many of these rights can be exercised by logging in to our App and directly updating or deleting your account data. If you have any questions about exercising these rights, please contact us at privacy@heightsplatform.com.

15. Your California Online Privacy Rights

This section pertains only to residents of California. Heights permits residents of California to use its services. Therefore, it is the intent of Heights to comply with the California Business and Professions Code §§ 22575-22579 and the California Consumer Privacy Act of 2018 (“CCPA”). If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors.

Below are the rights you have, though these are not absolute. In certain cases we may decline your request as permitted by law.

• Information: You can request the following information about how we have collected and used your personal information during the past 12 months:
  • The categories of personal information that we have collected.
  • The categories of sources from which we collected personal information.
  • The business purpose for collecting your personal information.
  • The categories of third parties with whom we share personal information.
  • Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient.
  • Whether we’ve sold your personal information, and if so, the categories of personal information received by each category of third party recipient.
• Access: You may request a copy of the personal information that we have collected about you.
• Deletion: You may ask us to delete the personal information that we have collected from you.
• Nondiscrimination: You are entitled to exercise the above rights free from discrimination.

You may contact us at privacy@heightsplatform.com with any questions or to exercise these rights listed above. We may require government identification to process your request and to confirm your residency.

16. Minors

Individuals under 13 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use our Service, please notify us immediately at privacy@heightsplatform.com and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.

17. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Heights transfers Personal Information to the United States and to multiple third party Subprocessors (List of Subprocessors). We enter into GDPR-compliant data processing agreements with each of these Subprocessors. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

18. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page. We may send out an email notification to notify you if more significant changes are made. You must read this page each time you access our Site and Service and notify us at privacy@heightsplatform.com with details sufficient to identify your account if you do not agree to the amendments, so that we may terminate your account. You may also contact us via mail with questions at:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

Last Modified: May 25, 2024