By installing and using an application offered by MEDION, the user accepts the following terms of use in their currently valid version. Unless otherwise agreed, the conditions also apply to future updates or new versions of the software.

"Medion grants the user a simple, non-transferable right to use the software. The right of use is subject to the conditions regulated here. Additional terms of use or restrictions may result from the end-user conditions of the respective app store through which the software is offered.
As part of the execution of the application, MEDION can also send the user notifications by means of electronic communication services (e.g. push messages, email, SMS). These can contain general information (e.g. about available updates) but also user-specific messages (e.g. warnings, reminders, recommendations).
In the case of apps offered free of charge, Medion reserves the right to refinance the development and maintenance costs by including advertising (especially in the form of on-screen displays). This also applies to applications that are offered as a free additional feature for hardware products sold by MEDION. "

Use of the software is only permitted to persons over the age of 16. Up to the age of 18, permission from a legal guardian is required to use the app and to be able to agree to the terms of use.

"In order to use the software, the user needs a device that meets the applicable system and compatibility requirements for the corresponding software version. The technical user requirements are the sole responsibility of the user.
The app can automatically download and install software updates (fixes for possible program errors (so-called patches or bug fixes). The functionality and scope of services are generally not changed by such updates. "

"With free apps, MEDION assumes no liability for the flawless function and permanent availability of the application. Any liability for damages on the part of MEDION AG and its organs, employees and vicarious agents from or in connection with the provision of free apps, regardless of the legal reason, is, to the extent permitted by law , limited to cases of intent or gross negligence.
In the case of chargeable apps and app functionalities that are offered and / or advertised as a product feature of hardware products sold by MEDION, the statutory warranty conditions apply, with the proviso that the app has been tested and has the specified functions. However, no liability can be assumed for the suitability of the app in relation to the intended use. Liability for damage resulting from injury to life, limb or health as well as due to the violation of essential contractual obligations is not limited, nor is liability in accordance with the Product Liability Act. Incidentally, the obligation to pay compensation is also limited to intent and gross negligence. "

"The law of the Federal Republic of Germany applies. MEDION reserves the right to change these terms of use if this is necessary for factual reasons (eg changes in the legal situation or case law). In this case, MEDION will inform the user in good time about the change Request consent.
Further use of the app can be made dependent on consent.
Should individual provisions of these terms of use be or become ineffective, the effectiveness of the remaining provisions remains unaffected. The ineffective or void provision will be replaced by a provision that effectively comes closest to the economic purpose of the ineffective or void provision.
The European Commission provides a platform for online dispute resolution (OS), which you can access at https: //ec.europa.eu/consumers/odr/ . MEDION is not obliged to participate in a dispute settlement procedure. "

Personal data is only collected, processed and used in accordance with the legal regulations and in good faith. As far as possible, we design our business processes in such a way that the data protection requirements are taken into account during the development of the products and services and that personal data is anonymized in such a way that the data subject cannot or can no longer be identified, if this means that the agreed Purpose is not jeopardized.

"In the course of our business relationships, we process personal data that we have received directly from you. In addition, we process personal data that we are permitted to obtain from publicly available sources or that are justifiably transmitted to us by other third parties, insofar as this data is necessary for the provision of the corresponding data Services and within the scope of the agreed purpose are required.
We store your data which are necessary for the processing of your order, the use of our products or the provision of services, for example repairs, and - if selected by you - for the processing of payments. This is personal data such as your address details, the date of birth (for businesses with age verification) and data necessary for certain payment methods. The respective order data (article, quantity, price, etc.) are assigned to your address data. "

"The processing of your personal data is carried out in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act:
To fulfill contractual obligations (Art. 6 Para. 1 b GDPR):
The processing of personal data takes place as part of the trade in products and services in the field of consumer electronics. The purposes of data processing depend primarily on the specific product (e.g. physical or digital) and its possible uses. You can find further details on the data processing purposes in the contract documents, the operating instructions and the terms and conditions.
As part of the balancing of interests (Art. 6 Para. 1 f GDPR):
If necessary, we process your data beyond the actual fulfillment of the contract to protect the legitimate interests of us or third parties. This includes the examination and optimization of procedures for needs analysis for the purpose of direct customer contact, advertising or market and opinion research, insofar as you have not objected to the use of your data, the assertion of legal claims and defense in the case of legal disputes, the guarantee of IT security and the IT operations of MEDION, the prevention and investigation of crimes, and measures for business management and further development of services and products.
On the basis of your consent (Art. 6 Para. 1 a GDPR):
Insofar as we have your consent to the processing of personal data for specific purposes (e.g. transfer of data within the group, evaluation of data for marketing purposes), the lawfulness of this processing is based on your consent. The consent given can be withdrawn at any time. This also applies to the revocation of declarations of consent that were issued to us prior to the application of the GDPR, i.e. before May 25th, 2018. The revocation of consent does not affect the legality of the data processed until the revocation.
Due to legal requirements (Art. 6 Para. 1 c GDPR) or in the public interest (Art. 6 Para. 1 e GDPR):
This includes, for example, identity and age checks or the fulfillment of tax control and reporting obligations. Unless explicitly stated in the following, no personal data are processed when using this app; that means not saved or changed or passed on to third parties. "

"In order to be able to provide you with the functionalities of the app, the app must be able to access various functions and data on your mobile device. For this, it is technically imperative that you grant the app selected access rights. Otherwise, the app cannot be used for technical reasons Before using the app for the first time, we expressly point out the access rights requested. Most of these are the following authorizations:
Location: This authorization is required to determine your current location for location-based services. With this authorization, your smartphone can access your GPS data, WiFi IDs and / or Bluetooth to determine your location, depending on which of them you have activated.
Address book: This authorization supports the selection of the contacts to be informed for the user and makes it possible to search for and select the relevant persons in the contact details. In order for this to be possible, the app requires the 'Contacts' authorization to be able to access the contact details.
WLAN connection information: This authorization requires access to the WLAN status in order to be able to automatically inform the user whether there is a connection to the Internet and to be able to advise him of the ability to switch to 'offline' control if the Internet connection is not established is or cannot be established, it is necessary to query the status of the network and to be able to search for WLAN connections / home networks. Push notifications:
Push notifications are messages that are sent from the app to your device and displayed there with priority. This app uses push notifications in the delivery state, provided the user has consented to the app installation or the first use. The receipt of push notifications can be deactivated at any time in the device settings.
User behavior: Within the framework of the legal regulations, we, or companies commissioned by us, create user profiles under a pseudonym. These can be evaluated for advertising and market research or for the needs-based design of the app. A direct conclusion about the user is not possible. The profile data is not linked to other information about the user.
Log data: This authorization enables the automatic storage of log data, such as the information that your browser sends when you visit a website or that your mobile app sends when you use it. This log data may contain your IP address, the address of the websites visited, the type and settings of the browser, the date and time of your request and cookies. Cookies are small text files that are sent to your mobile device every time you visit a MEDION website. MEDION uses cookies to track user preferences and to optimize the website accordingly. Cookies help MEDION to identify particularly popular areas of our website. This enables us to better adapt the content of our website to the needs of users and improve our website. Cookies can be used to determine whether your computer has already connected to our website. Cookies can identify your computer, but cannot relate to you personally.
Device information: In addition to log data, MEDION may also collect information about the device on which the app is used. This includes the device type, operating system used, device settings, unique device identifiers and crash data. Whether some or all of this information is collected depends on the type of device used and the associated settings. This allows error messages and system crashes to be analyzed to improve future operations. Personal data is not required for this and is also not recorded.
Device functions: To check the respective device and its functionalities with the hardware diagnostic test, MEDION needs your permission for test purposes on e.g. Access image data, camera and microphone. This is the only way MEDION can offer you fast support in the event of technical problems. Personal data is not required for this and is also not recorded.
Social media: If you connect to this app via third-party social media sites (such as Facebook or Twitter or Instagram or Google+) connect with this APP

"A data transfer to locations in countries outside the European Union (so-called third countries) takes place, as far as

• it is necessary for the execution of your orders,
• it is required by law or
• you have given us your consent.
In addition, MEDION does not transmit any personal data to locations in third countries or international organizations. For certain orders, however, MEDION uses service providers who also use service providers who may have their headquarters, parent company or data centers in a third country.
According to Art. 45 GDPR, the transmission is permitted if the European Commission has decided that an adequate level of protection exists in a third country. If such a decision has not been made, MEDION or the service provider may only transfer personal data to a third country or to an international organization if suitable safeguards are provided (e.g. standard data protection clauses specified by the Commission or the supervisory authority in a specific one Procedures are accepted) and enforceable rights and effective remedies are available.
MEDION has concluded contracts for so-called order processing with these service providers, which stipulate that the basics of data protection are always concluded with their contractual partners in compliance with the European data protection level. "

"MEDION processes and stores your personal data as long as this is necessary for the fulfillment of our contractual and legal obligations.
If the data are no longer required for the fulfillment of contractual or legal obligations, they will be deleted regularly, unless their - temporary - further processing is necessary for the following purposes: Preservation of evidence within the statutory statute of limitations. According to §§ 195 ff. Of the German Civil Code (BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years.
Furthermore, this includes the fulfillment of commercial and tax law retention requirements in accordance with the German Commercial Code (HGB) or the Tax Code (AO). The periods for storage and documentation specified in the above-mentioned laws are two to ten years. "

"Everyone affected by the processing of personal data has the right to:

• Information (Art. 15 GDPR),
• Correction (Art. 16 GDPR),
• Deletion (Art. 17 GDPR),
• Restriction of processing (Art. 18 GDPR),
• Data portability (Art. 20 GDPR) and
• Objection (Art. 21 GDPR).
With regard to the right to information and the right to erasure, however, restrictions apply according to §§ 34 and 35 BDSG. In addition, there is a right to lodge a complaint with a competent data protection supervisory authority (Art. 77 GDPR in conjunction with Section 19 BDSG). For MEDION, this is the State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, Postfach 20 04 44, 40102 Düsseldorf.
https://www.ldi.nrw.de/metanavi_Kontakt/index.php
You can revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent that were issued to us before the General Data Protection Regulation (GDPR) came into effect, i.e. before May 25th, 2018. Please note that the cancellation only applies to the future. Processing that took place before the revocation is not affected. "

"As part of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations, or which we are legally obliged to collect.
Without this data, we will generally not be able to conclude or execute the contract with you. "

In principle, we do not use fully automated decision-making in accordance with Art. 22 GDPR to establish and carry out the business relationship. If we use these procedures in individual cases, we will inform you of this separately, provided that this is required by law.

We partially process your data automatically with the aim of evaluating certain personal aspects (profiling). We use profiling e.g. B. to provide you with targeted information about products and services or we use evaluation tools. These enable needs-based communication and advertising, including market and opinion research.

" Right to object
You have the right to object to the processing of your personal data at any time for reasons that arise from your particular situation and which is based on Art. 6 Para. 1 e GDPR (data processing in the public interest); this also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.
If you file an objection, we will no longer process your personal data, unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
Right to object to the processing of data for direct marketing purposes
In individual cases, we process your personal data in order to operate direct mail. You have the right to object at any time to the processing of your personal data for the purpose of such advertising;
this also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
The objection can be form-free and should be addressed to:
MEDION AG
data protection
Am Zehnthof 77
45307 Essen, Germany
The responsible body is MEDION AG, Am Zehnthof 77, 45307 Essen. You can also access company data protection by email:
datenschutz@medion.com "