Terms of use

Community Terms of Use

(hereinafter "GTC")

Lichtpunkt & Ekonja-Verlag Ingrid Auer GmbH, Wiener Straße 49, 3300 Amstetten, Austria ("Provider"), provides the Ingrid Auer Community, a free web-based exchange platform for spirituality, which can be accessed at https://community.ingridauer.com/ ("Community"). The Community can be used by registered members ("Community Users") via the web browser. By registering as a Community User, the member agrees to the following terms and conditions:

1 General provisions

These GTC apply to all services offered by the provider to community users via the community. The current version of the GTC can be accessed at any time via the following link https://community.ingridauer.com/nutzungsbedingungen.

These GTC apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of Community Users shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity.

The Provider expressly reserves the right to make changes to these GTC. Excluded from this reservation of right to make changes are such changes that relate to an obligation of one of the parties, the fulfillment of which makes the use of the Community possible in the first place and on the compliance with which the respective other party regularly relies or may rely ("essential contractual obligation").

2 Subject of performance and availability

The Provider's main obligation is to provide the Community. The Provider shall provide the Community as it was available when the Community User visited or registered as a member and in accordance with the service description applicable at that time ("as is"). Apart from that, the community user has no claim to a certain design or equipment of the community. The Provider reserves the right to change the Community in whole or in part or to discontinue it permanently or temporarily at its own reasonable discretion, taking into account the interests of the Community user, provided that this does not affect the Provider's material contractual obligations arising from the membership and this is reasonable for the Community user.

2.1 For the use of the Community, the free registration of the User as a member is required ("Community User"). Individual services provided by the Provider via the Community may be subject to a charge in the future. The Community User will be informed of this at the latest before the first use of a chargeable service. Before using a chargeable service for the first time, the community user must confirm that he/she has been informed about the chargeable nature of the service and the amount of the costs and that he/she agrees to the chargeable use of the service.

2.2 The provider makes the community available with an overall availability of 95 % on an annual average. The availability is calculated less the periods attributable to necessary maintenance periods. The community is not available during maintenance work.

The provider merely provides the technical community for the content created by the community users or third parties. The content provided by third parties is third-party content for the provider. If the provider provides its own content, it must be explicitly marked as such or identified as such without any doubt.

Community users can use links to access external websites that are not operated by the provider. Such links are either clearly marked by the provider (e.g. as advertisements) or are recognizable by a change in the address line of the browser used by the community user. The provider is not responsible for the content of these external websites. The general terms and conditions of the respective offer apply to the webshop, the media library and the eAcademy linked to the community.

3 Contents and duties of community users

3.1 The community user is entitled and obliged to use the community exclusively for his own, non-commercial or commercial purposes. Commercial or industrial use is only permitted with the consent of the provider.

The provider is merely a technical service provider. The content posted via the community by community users or other third parties is merely stored by the provider. The provider has no knowledge of the content; a selection of the content posted for the user or any other control of this content by the provider does not take place.

3.2 By posting content, the author grants the provider a non-exclusive, unrestricted right to use and exploit this content. These rights remain in force even in the event of cancellation or termination of membership or exclusion from the community. Content generated by community users, in particular profile pictures, postings, comments, etc., may not be reproduced, shared, distributed or otherwise published by other community users. This does not apply if all rights holders of the respective content have expressly agreed to the specific use.

3.3 The person posting the content is responsible for compliance with the legal regulations regarding the content posted by community users or third parties. Every community user must observe the applicable law and protect the rights of third parties. In particular, community users are prohibited from,

• violate the property rights of third parties such as trademarks, copyrights and rights to a name;
• to post content that is insulting, defamatory, pornographic, harmful to minors or otherwise criminally relevant;
• unreasonably harass other community users and/or third parties, for example by sending unsolicited advertisements (spam) or suggestive or sexually oriented communications;
• to use the Community for direct or indirect advertising purposes in accordance with section 4.1;
• to place direct or indirect advertising content in the signatures of the comment function;
• collecting e-mail addresses of community users in order to use them for advertising purposes or to make them accessible to third parties for advertising purposes (crawling and spamming) without the consent of the respective community user, or sending mass mailings (chain letters or similar).
• Post or compose contributions that deviate from the thematic guidelines in the forum;
• to discontinue contributions that offend common decency;
• to post links to websites with any of the above content, and

use mechanisms, software and/or scripts that go beyond the functionalities and interfaces provided by the Provider on the Community, in particular if this blocks, modifies, copies and/or overwrites services of the Provider and these services are required for the contractual use by the Provider.

4 Scope of permitted use, prohibited advertising content, house rules and sanctions

The community serves the exchange of experiences and thus the private use. It is strictly forbidden to refer directly or indirectly to trades or other economically motivated undertakings or other offers, products or services of any kind that are subject to a charge, or to advertise for them. Likewise, links (URL) with a referer link for partner programs are prohibited. In case of doubt whether the planned content is prohibited content in the aforementioned sense, please contact us in advance by e-mail at info@ingridauer.com.

4.1 The provider is entitled to delete individual illegal content. The provider is also entitled to exclude individual community users from the use of the forum if this is justified by objective reasons, such as disruption of the operational process or use outside the usual "community behavior".

4.2 The provider may, at his reasonable discretion, taking into account the interests of the community user, impose one or more sanctions on the posting person if he has violated these GTC or if an important reason exists. This is to be assumed in particular if topics and contributions violate these GTC. The severity of the sanctions depends on the severity of the respective violation. The sanction remains in place until the sanctioned action has been stopped by the community user and any risk of repetition has been eliminated.

4.3 The following sanctions may be considered: (i) the deactivation or blocking of individual services or content for the affected Community user (ii) the deletion, postponement or closure of content, threads or posts posted for the Community user, (iii) the complete blocking of access to the Community, including the member profile, and (iv) the complete deletion of an account. The right to extraordinary termination for good cause by the provider remains unaffected by this, as does the assertion of further claims.

5 Liability

5.1 Unless otherwise stated in these GTC, the provider is liable within the scope of the use of the community in accordance with the following provisions.

5.2 The provider is liable without limitation for damages caused by the provider or its legal representatives, executives or simple vicarious agents intentionally or through gross negligence.

5.3 In cases of slightly negligent breach of only minor contractual obligations, the provider is not liable. In all other respects, the liability of the Provider for damages caused by slight negligence shall be limited to those damages that can typically be expected to occur within the scope of the respective contractual relationship (foreseeable damages typical for the contract). This also applies to slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of the provider.

5.4 The above limitation of liability shall not apply in the case of fraudulent intent, in the case of bodily injury or personal damage, for breach of warranty and for claims arising from product liability.

5.5 The community user is exclusively liable for breaches of duty by the community user, in particular in the case of infringement of third-party trademarks, copyrights and rights to a name. The community user indemnifies the provider against all claims for payment by other community users and third parties, which are asserted against the provider due to an infringement of rights by content posted by a community user and/or due to the use of the community. Upon first request, the Community user shall assume all reasonable costs incurred by the Provider as a result of such an infringement. This includes in particular the necessary costs of legal defense. This does not apply if the community user is not responsible for the infringement. Other claims of the provider against the community user remain unaffected.

5.6 The availability of the Community pursuant to Section 2.3 may be temporarily restricted in whole or in part due to technical disruptions for which the Provider is not responsible or for reasons of force majeure (power supply and/or Internet failure, fire, explosion, earthquake, storm, flooding, industrial action for which the Provider is not responsible), as well as due to the performance of maintenance work that serves to maintain and improve the operability and functionality of the Community. The Provider shall be liable for the consequences of limited availability exclusively within the scope of availability promised to the User in the service description and only in accordance with Section 5.1.

6 Final provisions

6.1 Austrian substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws; Art. 3 EGBGB shall remain unaffected. If the Community User has his habitual residence in another country within the EU/EEA at the time of the establishment of the membership, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in these GTC.

6.2 Verbal collateral agreements have not been made. Amendments and supplements to these GTC as well as all declarations of the parties relating to the contractual relationship must be made in text form.

Privacy policy

Privacy policy

Data protection is a high priority for us and we want you to feel safe when using our community. Below we inform our users in detail about the nature, scope and purpose of the personal data we collect, use and process and inform you about your rights as a data subject. We reserve the right to change the privacy policy at any time with effect for the future. The current version can be viewed at any time at https://community.ingridauer.com/datenschutz/ can be retrieved.

1 Name and address of the responsible person

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:

Ingrid Auer GmbH

Wiener Straße 49, 3300 Amstetten, Austria

Mail: office@ingridauer.com

2 Access data in server log files

When visiting our community, access data is automatically stored in so-called server log files. This includes the date and time of access and, if applicable, the search term entered.

The temporary storage of the IP address by the system is necessary to enable the display of the community and its content to your terminal device. For this purpose, your IP address must remain stored for the duration of the session.

The legal basis for the temporary storage of your data and the log files is Art. 6 para. 1 lit. b DSGVO. This data is evaluated exclusively to ensure the permanent and trouble-free operation of the Community and to improve the content of our Community Ensure the security of our information technology systems. An evaluation of your personal data for marketing purposes does not take place in this context.

3 Use of cookies

In order to make the use of our community attractive and to enable the use of certain functions, we use so-called "cookies". These are small text files that are stored on your terminal device via a browser.

Cookies can contain a so-called cookie ID. It consists of a string of characters by which communities and servers can be assigned to a specific browser in which the respective cookie was stored.

The following data is stored and transmitted in the cookies: Language settings, search terms entered, frequency of page views, use of community functions, origin of the user, operating system used, terminal device used, browser used, resolution of the terminal device.

Your data collected on our community will be anonymized by technical precautions. Therefore, an assignment of the data to you is no longer possible. The data will not be stored together with other of your personal data.

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. a DSGVO.

The purpose of using technically necessary cookies is to simplify the use of our community for you (e.g. your settings are stored). The functions of our community cannot be offered without the use of cookies. This is because it is necessary for us to be able to understand that you have agreed to our community terms of use. Therefore, it is important that you are recognized as a community user in an anonymous form. If you do not accept or deactivate cookies, the functionality of our community may be limited.

4 Data processing when using the Community

If you actively post content as a member of our community, the data generated in the process is processed via our servers and stored there. The legal basis for this data processing is Art. 6 para. 1 lit. b DSGVO. The information generated in this way is used by us exclusively to provide our community. This information is stored until it is deleted by the members or as soon as the purpose of storage no longer applies.

5 Hosting

The hosting services underlying our websites are provided by Raidboxes GmbH, Hafenstrasse 32, 48153 Münster, Germany. Raidboxes GmbH offers Software as a Service (SaaS) services as part of cloud hosting. This means that our websites are hosted exclusively on servers in Germany. This allows us to guarantee a particularly high level of data protection throughout.

Raidboxes GmbH automatically collects and stores server log files with information that your browser transmits to us. These are:

• Browser type
• Operating system
• Referrer URL (previously visited page)
• Host name (IP address)

Raidboxes GmbH cannot assign this data to specific persons. A combination of this data with other data sources is not made. The data is deleted after a statistical evaluation after 7 days at the latest. Further information can be found in the privacy policy of Raidboxes GmbH. These can be here can be viewed.

In addition, we have concluded a contract for commissioned data processing (AVV) with Raidboxes GmbH in accordance with Art. 28 DSGVO. This contract regulates the scope, type and purpose of Raidboxes GmbH's access to data. The access options are limited only to necessary accesses that are required to fulfill the hosting services.

6 Matomo

To optimize our community and websites and for statistical analysis of user behavior, we have integrated the open source software Matomo, a service of InnoCraft, 7 Waterloo Quay PO625, 6140 Wellington, New Zealand. We have integrated the tool locally so that the information generated by Matomo is only transmitted to our servers and not to third parties. We have activated IP anonymization so that the IP address is shortened before transmission. The information generated in this way is used to evaluate the use of the community and to enable us to design our community in line with requirements. The legal basis for this data processing is Art. 6 para.1 lit. a DSGVO. The data generated by Matomo is deleted regularly, but at the latest after 24 months. You can object to this data processing at any time with effect for the future by clicking here:

You can find more information about data protection at Matomo in the Privacy policy of the provider.

7 Youtube embeddings

On the web pages of our community we have integrated videos from Youtube, a service of Youtube LLC. 901 Cherry Ave. San Bruno, CA 94066, USA. Here we have chosen the data-protecting variant. When you play the video, a direct connection to the Youtube servers is established via your browser. Your browser is automatically prompted by the respective content embedded on our website to download a representation of the corresponding component from Youtube. Within the scope of this technical procedure, Youtube obtains knowledge of which specific sub-page of our website you are visiting and collects technical data for this purpose, such as browser type/version, operating system used, IP address, etc.. The data generated in this way is transferred to a Youtube server in the USA and stored there.

The legal basis for the use of your data is Art. 6 para. 1 lit. b DSGVO. The processing to improve our websites by enriching and complementing the content with informative videos is considered our legitimate interest.

You can prevent the installation of the cookie in advance by setting your browser software accordingly or object to this processing by deleting cookies via your browser settings or by changing the corresponding settings in the Privacy Center change. Under the link Privacy policy of Youtube, you will find more information about the collection and use of data by Youtube and Google, about your rights in this regard and options for protecting your privacy.

8 Zoom video conferencing tool

To conduct online meetings, video conferences or meditations, we use the video communication tool "Zoom", a service of Zoom Inc. based in San Jose, USA. If you use the Zoom app or the Zoom Web Client, various types of data are collected or processed via Zoom's servers, depending on the type and scope of use, such as, in particular, name, email address, meeting metadata (e.g. date, time and duration of the communication, name of the meeting, participant IP address), device/hardware data or the content of the respective communication. Any data processed in connection with Zoom will not be disclosed to unauthorized third parties unless it is intended for disclosure.

The legal basis for this data processing data is Art. 6 para. 1 lit. b DSGVO.

We have concluded a contract for commissioned data processing (AVV) with Zoom in accordance with Art. 28 DSGVO, so that it is ensured that Zoom processes the accruing data exclusively in accordance with instructions. This contract regulates the scope, type and purpose of Zoom's access to data, so that an appropriate level of data protection is achieved in accordance with Art. 46 Para. 2 lit. c DSGVO. The data will be deleted after the purpose has been achieved or has ceased to exist.

For more information about Zoom and the privacy policy of the provider, please see the Privacy policy.

9 Data security

We secure our community and other systems by numerous technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Despite regular checks, however, complete protection against all dangers is not possible and cannot be guaranteed by us. For this reason, you are free at any time to transmit your personal data to us by other means, for example by telephone or by mail.

10 Data deletion and storage period

Insofar as we process personal data in derogation of Section 4 and Section 5, such data shall be deleted or blocked as soon as the purpose for which it was stored no longer applies. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. If the purpose of storage no longer applies, if you revoke your consent or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions, unless there is a need for further storage of the data for the conclusion or performance of a contract.

11 Right to information

You have the right to receive from us at any time, free of charge, information about the personal data stored about you and a copy of this information. You also have a right of access to the following information:

• the purposes of processing,
• the categories of personal data that are processed,
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations,
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,
• the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the controller or a right to object to such processing,
• the existence of a right of appeal to a supervisory authority,
• if the personal data are not collected from the data subject: any available information on the origin of the data as well as,
• the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, you have the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, you also have the right to receive information about the appropriate guarantees in connection with the transfer. We assure you that we process your data exclusively on servers within the EU.

12 Right to rectification

You have the right to request the immediate correction and/or completion of any inaccurate or incomplete personal data concerning you. We shall carry out the correction without delay.

13 Right to restriction of processing

You have the right to request us to restrict processing if one of the following conditions is met:

• The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
• The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

14 Right to deletion

You have the right to request that we erase the personal data concerning you without delay, provided that one of the following reasons applies and to the extent that the processing is not necessary:

• The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
• The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been processed unlawfully.
• The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
• The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

If the personal data have been made public by us and we as a controller are obliged to erase the personal data pursuant to Article 17 (1) of the GDPR, we shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies or replications of the personal data, unless the processing is necessary.

The right to erasure does not exist insofar as the processing is necessary:

• to exercise the right to freedom of expression and information;
• for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
• for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
• for the assertion, exercise or defense of legal claims.

15 Right to information

If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom the personal data concerning you has 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.

16 Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us, provided that the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have the personal data transferred directly from us to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

17 Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6(1)(e) or (f) DSGVO. This also applies to profiling based on these provisions.

We will no longer process the personal data in the event of objection, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If we process your personal data for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing. This also applies to profiling, insofar as it is associated with such direct advertising. If you object to us processing your personal data for direct marketing purposes, we will no longer process it for these purposes.

You also have the right to object, on grounds relating to your particular situation, to processing of your personal data which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) DSGVO, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise your right to object, you may contact us at any time. You are also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

18 Right to revoke consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

19 Right to automated decisions in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you, where the decision:

• is not necessary for the conclusion or performance of a contract between you and us or
• is permitted by legislation of the Union or the Member States to which we are subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
• is done with your express consent.

Is the decision:

• necessary for the conclusion or performance of a contract between you and us or
• it is done with your express consent,

we take reasonable measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain the intervention of a person on our part, to express our own point of view and to contest the decision.

20 Existence of automated decision making

We do not perform automated decision making or profiling.

21 Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, 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, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR. The competent supervisory authority for us is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, Austria, phone: +43 1 52 152-0, e-mail: dsb@dsb.gv.at

STAND: April 2022