1. General Information
MODIFI B.V. is a Dutch limited liability company with its registered seat in Amsterdam, the Netherlands and is registered with the trade register of the Dutch Chamber of Commerce under number 73275905 (MODIFI B.V.). MODIFI GmbH is a German limited liability company registered in Berlin-Charlottenburg, Germany, with company number HRB 193573 B, and is a wholly owned subsidiary of MODIFI B.V. This notice relates to data processing by MODIFI B.V. together with other companies within the MODIFI group (which means our subsidiaries, our ultimate holding company and its subsidiaries from time to time) (MODIFI, We, Us, Our). Authorised representatives of MODIFI are Nelson Holzner, Sven Brauer, Jan Wehrs.
The contents of our website were created with great care. We do not accept liability for the website not being accurate, complete or up to date. We may update the MODIFI website and the MODIFI Hub from time to time, and may change the content at any time. However, please note that any of the content on the MODIFI website and the MODIFI Hub may be out of date at any given time, and we are under no obligation to update it.
Under 7 Abs. 1 of the German Telecommunications Act (Telemediengesetz, TMG), MODIFI GmbH is responsible for its own contents on this website under general laws. Under 8 to 10 TMG, however, MODIFI GmbH as a service provider is not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate an illegal activity. Obligations to remove or block information under general law remain unaffected. However, liability in this regard is only possible from the moment of knowledge of a specific infringement. Upon notification of violations, we will remove such content immediately.
We do not guarantee that the MODIFI website, or any content on it, will always be available or be uninterrupted. Access to the MODIFI website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the MODIFI website without notice. We will not be liable to you if for any reason the MODIFI website is unavailable at any time or for any period.
The content on the MODIFI website and the MODIFI Hub is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the MODIFI website or the MODIFI Hub. In particular, the materials appearing on our website do not constitute financial advice.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the MODIFI website, the MODIFI Hub or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the MODIFI website or the MODIFI Hub or to your downloading of any content on it, or on any sites linked to it.
As far as the contents on this website were not created by MODIFI B.V. and/or MODIFI GmbH (as the case may be) or its employees, the copyrights of third parties are respected. In particular, contents of third parties are designated as such. Should you be aware of a potential copyright infringement, we kindly ask you to notify us. Upon notification of copyright violations, we will remove such content immediately.
You may link to the MODIFI website's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the MODIFI website in any website that is not owned by you. The MODIFI website must not be framed on any other website, nor may you create a link to any part of the MODIFI website other than the home page. We reserve the right to withdraw linking permission without notice.
Every effort has been taken to ensure the accuracy of the internet links established here. However, any and all liability which might arise from your use or reliance on the links contained on the website is excluded. We do not endorse or accept any responsibility for any content on or software downloaded from any website linked from this website.
5. Use of the MODIFI Hub
5.1 Access and use of the MODIFI Hub Login and Password
The user will be solely responsible for the security, confidentiality and integrity of all information and messages that the user receives, transmits through, or stores on the MODIFI Hub to the extent that such information and messages are in the control of the user. The user will be solely responsible for any authorised or unauthorised access to or use of the user's account by any person, except to the extent that it arise through the negligence or breach of MODIFI. The user is strictly prohibited from defeating the MODIFI Hub's security measures, or attempting to do so.
5.3 Responsibility for use of ID and Passwords
5.4 Prohibited Use
The user will not use the MODIFI Hub to:
The user agrees that the MODIFI Hub may be inaccessible or inoperable from time to time for many reasons, including:
MODIFI reserves the right, in its sole discretion and without notice, at any time and for any reason, to: remove or disable access to all or any portion of the MODIFI Hub; or suspend user's access to or use of all or any portion of the MODIFI Hub.
5.6 No Extraterritoriality
Access to the MODIFI Hub and its content may not be legal by certain persons in certain countries. It is the responsibility of the user to verify if he/she is permitted to access this website.
6.1 What are cookies?
Cookies are small text files that are automatically placed on your computer or mobile device when you visit our website. They are stored by your internet browser. Cookies contain basic information about your internet use. Your browser sends these cookies back to our website every time you revisit it, so it can recognize your computer or mobile device and personalize and improve your browsing experience.
6.2 What type of cookies do we use?
The cookies we use fall into 3 categories. These categories are described below:
6.3 Managing your cookie settings and deleting cookies
As explained above, we only place advertising and targeting cookies (including tracking cookies) if you have given us your consent for doing this. If you have given us your consent but would like the cookies that we have placed to be removed, you can do this by deleting them via your browser. Search for "cookies" under your web browser's "Help menu" for more information on how to do this.
You can also enable or disable (types of) cookies via your browsing settings. For example, you can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies. Most advertising networks offer you a way to opt out of advertising cookies. You can also prevent Google Analytics cookie-generated data about your use of the website (including your IP address) being passed on to Google, and prevent this data from being processed by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Please note that, if you choose to delete MODIFI cookies, your access to some functionality and areas of our website may be degraded or restricted.
6.4 Data privacy and Cookies
Where we require your consent to use advertising, marketing and social media cookies, your consent also extends to the data processing in connection with such cookies. In that case, the processing of your data is based on Article 6(1)(a) GDPR. You can withdraw your consent in the manner set out in paragraph 6.3 above.
7. Governing law and jurisdiction
Last updated: March, 2019