Imprint, Privacy & Terms of service
Mag. Diana Gabriela Leistikow
Auerspergstrasse 14, 5020 Salzburg
Legal form: sole proprietorship, UID no.: ATU77291627
Member of the WKS, Austria
Professional law: Trade regulations: www.ris.bka.gv.at
Trade Regulation: District Authority Salzburg, Austria
Job title: Procurement of services
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it as well as external online presences, such as our social media profile. (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact details (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g. device information, IP addresses).
purpose of processing
– Provision of the online offer, its functions and content.
– Answering contact requests and communicating with users.
- Safety measures.
– Reach measurement/marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" is any process or series of processes carried out with or without the aid of automated processes in connection with personal data. The term is broad and encompasses practically every handling of data.
"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data not attributed to an identified or identifiable natural person;
"Profiling" any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects related to work performance, economic situation, health, personal Analyze or predict that natural person's preferences, interests, reliability, behaviour, location or relocation;
The "responsible person" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
"Processor" a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller;
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 (1) lit. a and Art Answering inquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(c) GDPR 6 Paragraph 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis.
In accordance with Art. 32 GDPR, we take appropriate technical measures, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, securing the confidentiality, integrity and availability of data by checking the physical
Access to the data, as well as access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure that the rights of data subjects are exercised, that data is deleted and that data is reacted to if the data is at risk. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 GDPR).
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is required for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.
You have the right to request that you receive the data that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
You also have the right, in accordance with Article 77 GDPR, to lodge a complaint with the competent supervisory authority.
right of withdrawal
You have the right to revoke your consent in accordance with Article 7 (3) GDPR with effect for the future.
By taking out a reservation for a surfcourse of Will surf in France, you confirm that you agree to the immediate start and that the consumer is aware of the loss of the right of withdrawal (right of withdrawal).
Right to object
You can object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct advertising purposes.
Cookies and the right to object to direct advertising
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a log-in status can be saved. "Permanent" or "persistent" refers to cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. Likewise, in such a cookie for example, the content of a shopping cart in an online shop or a log-in status can be saved. "Permanent" or "persistent" refers to cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as "first-party cookies").
We can use temporary and permanent cookies and explain this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with §§ 147 Paragraph 1 AO, 257 Paragraph 1 No. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation documents, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with § 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with properties and for 10 years for documents in connection with electronically supplied services, telecommunications, radio and television services supplied to non-entrepreneurs in EU Member States and for which the Mini One Stop Shop (MOSS) is used.
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer on the basis of our legitimate interests in making this online offer available efficiently and securely in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Article 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
Provision of our statutory and business-related services
We process the data of our members, supporters, interested parties, customers or other persons in accordance with Article 6 Paragraph 1 Letter b. DSGVO, insofar as we offer them contractual services or act within the framework of an existing business relationship, e.g. towards members, or are recipients of services and benefits ourselves. In addition, we process the data of affected persons in accordance with Article 6 Paragraph 1 lit. f GDPR on the basis of our legitimate interests, e.g. when it comes to administrative tasks or public relations work.
The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. This basically includes inventory and master data of the persons (e.g. name, address, etc.), as well as the contact data (e.g. e-mail address, telephone, etc.), the contract data (e.g. services used, content communicated and information, names of contact persons) and, if we offer services or products that require payment, payment data (e.g. bank details, payment history, etc.).
We delete data that is no longer required to fulfill our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we keep the data for as long as it can be relevant for business transactions and with regard to any warranty or liability obligations. The necessity of storing the data is checked every three years; Otherwise, the statutory retention requirements apply.
services and coaching
We process the data of our clients and interested parties and other clients or contractual partners (uniformly referred to as "clients") in accordance with Article 6 Paragraph 1 Letter b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. The processed data basically includes inventory and master data of the client (e.g. name, address, etc.), as well as contact data (e.g. e-mail address, telephone number, etc.), contract data (e.g. services used, fees, names of contact persons, etc.) and payment data (e.g., bank details, payment history, etc.).
As part of our services, we can also process special categories of data in accordance with Article 9 Paragraph 1 GDPR, in particular information on the health of the client, possibly with reference to their sex life or sexual orientation, ethnic origin or religious or ideological beliefs . To this end, if necessary, we will obtain, in accordance with Article 6 Paragraph 1 Letter a., Article 7, Article 9 Paragraph 2 Letter a. DSGVO an explicit consent of the client and otherwise process the special categories of data for health care purposes on the basis of Art. 9 Para. 2 lit h. GDPR, Section 22 Paragraph 1 No. 1 b. BDSG.
If necessary for the fulfillment of the contract or by law, we disclose or transmit the data of the clients in the context of communication with other specialists, third parties who are required or typically involved in the fulfillment of the contract, such as billing offices or comparable service providers, provided this is necessary for the provision of our services in accordance with Art. 6 paragraph 1 letter b. DSGVO serves, according to Art. 6 Para. 1 lit c. GDPR is prescribed, serves our interests or those of our clients in efficient and cost-effective healthcare as a legitimate interest pursuant to Article 6 Paragraph 1 lit f. GDPR or pursuant to Article 6 Paragraph 1 lit d. GDPR is necessary. to protect the vital interests of the client or another natural person or within the scope of consent in accordance with Article 6 Paragraph 1 Letter a., Article 7 GDPR.
The data will be deleted if the data is no longer required to fulfill contractual or legal duties of care or to deal with any warranty and comparable obligations, with the necessity of storing the data being checked every three years; Otherwise, the statutory retention requirements apply.
Amazon Affiliate Program
Users can optionally create a user account. As part of the registration, the required mandatory information is communicated to the users. The data entered during registration will be used for the purpose of using the offer. Users can be informed by email about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention being necessary for commercial or tax reasons in accordance with Article 6 (1) (c) GDPR. It is the user's responsibility to back up their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all of the user's data stored during the contract period.
As part of the use of our registration and login functions as well as the use of the user account, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the information provided by the user is processed in order to process the contact request and its processing in accordance with Article 6 (1) (b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.
We delete the requests if they are no longer necessary. We review necessity every two years; Furthermore, the statutory archiving obligations apply.
Comments and Posts
If users leave comments or other contributions, their IP addresses can be stored for 7 days on the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR. This is for our security if someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right to process user information for the purpose of spam detection on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR.
The data provided in the context of the comments and posts will be stored by us permanently until the user objects.
The follow-up comments can be subscribed to by users with their consent in accordance with Article 6 (1) (a) GDPR. Users will receive a confirmation email to verify that they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purpose of proving the user's consent, we store the time of registration along with the IP address of the user and delete this information if the user unsubscribes from the subscription.
You can cancel the receipt of our subscription at any time, i.e. revoke your consent. We can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.
Akismet Anti-Spam Check
Our online offering uses the "Akismet" service provided by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Use is based on our legitimate interests within the meaning of Article 6 (1) (f) GDPR. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment information is sent to a server in the USA, where it is analyzed and stored for four days for comparison purposes. If a comment has been classified as spam, the data will be stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser used and the computer system and the time of the entry.
Further information on the collection and use of data by Akismet can be found in Automattic's data protection information: https://automattic.com/privacy/.
Users are welcome to use pseudonyms or not to enter their name or email address. You can completely prevent the transfer of data by not using our comment system. That would be a pity, but unfortunately we don't see any other alternatives that work just as effectively.
Retrieving profile pictures from Gravatar
We use the Gravatar service from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA, within our online offering and in particular in the blog.
Gravatar is a service where users can register and store profile pictures and their email addresses. If users leave posts or comments with the respective e-mail address on other online presences (especially in blogs), their profile pictures can be displayed next to the posts or comments. For this purpose, the e-mail address provided by the users is transmitted to Gravatar in encrypted form for the purpose of checking whether a profile has been saved for it. This is the sole purpose of sending the email address and it will not be used for any other purpose, but will be deleted afterwards.
Gravatar is used on the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR, since we use Gravatar to offer the authors of contributions and comments the opportunity to personalize their contributions with a profile picture.
By displaying the images, Gravatar learns the IP address of the user, as this is necessary for communication between a browser and an online service. Further information on the collection and use of data by Gravatar can be found in Automattic's data protection information: https://automattic.com/privacy/.
If users do not want an avatar linked to their Gravatar email address to appear in the comments, you should use an email address that is not stored with Gravatar to comment. We also point out that it is also possible to use an anonymous e-mail address or no e-mail address at all if the user does not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transfer of data by not using our comment system.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Our newsletter also contains information about our services and us.
Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else's e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: In order to register for the newsletter, it is sufficient if you enter your e-mail address. Optionally, we ask you to enter a name so that we can address you personally in the newsletter.
Germany: The sending of the newsletter and the measurement of success associated with it are based on the consent of the recipient in accordance with Article 6 Paragraph 1 Letter a, Article 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG or on the basis of the legal permission according to § 7 Abs. 3 UWG.
The registration process is logged on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves our business interests as well as meets user expectations and also allows us to prove consent.
Termination/Revocation – You can terminate the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to be able to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process user data if they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.
Integration of third-party services and content
We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) in order to improve their content and Integrate services such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting times and other information on the use of our online offer, as well as being linked to such information from other sources.
Use of Facebook Social Plugins
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) we use social plugins ("plugins") of the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on a blue tile, the terms "Like", "I like" or a "thumbs up" sign ) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user's device, which integrates it into the online offer. User profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating the plugin, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is sent directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for protecting the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/ .
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info /choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
Functions and content of the Xing service, offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany, can be integrated within our online offer. This can include, for example, content such as images, videos or text and buttons with which users can express their interest in the content, the authors of the content or subscribe to our posts. If the users are members of the Xing platform, Xing can assign the access to the above content and functions to the user profiles there. Xing data protection declaration: https://www.xing.com/app/share?op=data_protection..
You can reach us using the following contact details:
Mag. Diana Gabriela Leistikow
Data protection by Leistikow.
The processing of personal data of the customer or his affected employees (hereinafter referred to as customer) is carried out by Mag. Diana Gabriela Leistikow, Auerspergstraße, 5020 Salzburg, willsurfinfrance.com, 0660 52 34 20 0, Austria for the purpose of fulfilling the contract in accordance with Art. 6 Para 1 lit c GDPR (performance of contract, implementation of pre-contractual measures, e.g. submission of offers), Art. 6 Para. 1 lit c (fulfilment of a legal obligation, e.g. invoicing) and in accordance with Art. 6 Para. 1 lit f (legitimate interest of Leistikow, e.g. documentation of the business relationship). If personal data of special categories (e.g. health data, biometric data) are processed within the framework of the contractual relationship, this processing takes place exclusively for purposes expressly defined in advance and only on the basis of the consent of the person concerned in accordance with Art. 9 Para. 2 lit a DSGVO.
There will be further processing, which is compatible with the purpose of fulfilling the contract in accordance with Art. 6 Para. 4 GDPR, of the customer's contact data for the purpose of direct marketing in forms that do not require consent, such as the addressed mailing of advertising.
Electronic Direct Mail.
Processing for the purpose of direct marketing in forms that require consent, such as the electronic dispatch of advertising or the placement of personal advertisements, only takes place on the basis of an additional voluntary consent of the client in accordance with Art. 6 Para. 1 lit a DSGVO.
Obligatory data provision / consequences of non-provision.
There is no legal or contractual obligation to provide the customer's personal data. However, if the customer does not provide the personal data required by Leistikow to fulfill the contract before concluding the contract with Leistikow, this means that Leistikow cannot submit an offer to the customer or no contract can be concluded between Leistikow and the customer.
There is also no legal or contractual obligation to grant consent to the processing of the client’s personal data. Depending on the consent, failure to grant consent would result either in the data provided by the client not being processed and evaluated and therefore no service being provided by Mag. Diana Gabriela Leistikow, or in the client not direct advertising in forms requiring consent receives.
All data are subject to the agreed or legal obligation of confidentiality and the protection of personal data. The client's personal data will only be passed on to the recipients or categories of recipients listed below:
Banks and payment service providers (payment processing)
Shipping service provider (shipping of goods and invoices)
Debt collection agencies (collection of debts)
Lawyers (in the event of the assertion of contractual or statutory legal claims)
A transfer to other recipients not mentioned in this contractual data protection declaration only takes place on the basis of a legal basis or in consultation with the client.
Personal data of the client are kept for at least seven years for the purpose of fulfilling legal obligations according to § 132 paragraph 1 BAO. In addition, the customer's personal data is stored for the purpose of documentation and the fulfillment of legal obligations for a maximum of five years after completion of the order.
If no contract has been concluded between Leistikow and the client, the personal data of the client will be stored for the purpose of documenting the business relationship for an expected period of twelve months.
right of withdrawal.
The customer has the right to revoke any consent given by him at any time. If consent is given in writing, revocation can only be made in writing; if consent is given to receive electronic advertising, this can also be done by clicking on the unsubscribe link. If consent is revoked, processing will be discontinued unless there is another legal basis. The legality of the data processed until the revocation is not affected by the revocation.
Right to object.
The client has the right to object to the processing of his personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for the purpose of direct advertising.
data subject rights.
The client has the right to information, correction and deletion of his personal data, the right to restrict data processing, the right to data portability and the right to lodge a complaint with the data protection authority. The contact details of the Austrian Data Protection Authority are: Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, telephone: +43 1 531 152 - 0, e-mail: firstname.lastname@example.org.
Leistikow's General Terms and Conditions apply.
Terms of Service
by Mag. Diana Gabriela Leistikow, hereinafter referred to as Leistikow.
The website willsurfinfrance.com, operated by Leistikow, is an online placement platform that connects people from all over the world who want to surf or learn to surf to surf schools in France. Leistikow acts purely as a mediator. The mediation activity of Leistikow is limited to naming the contact details of the surf schools and, if necessary, accommodation.
Leistikow concludes contracts and provides services exclusively on the basis of the written offers prepared by Leistikow, as well as the currently valid version of any descriptions of services included in the offer (e.g. individual documents or general folders), price lists and these General Terms and Conditions.
The descriptions of services, price lists and general terms and conditions apply to all legal relationships between Leistikow and the client, insofar as they are not just project-specific (e.g. individual documents), and are therefore automatically included in all further contracts between Leistikow and the respective client in the respective current version, even if no express reference is made to these price lists, product descriptions and general terms and conditions.
Changes to the descriptions of services, price lists and general terms and conditions of Leistikow will be communicated to the client in writing and are deemed to have been agreed if consumers do not object within four weeks or entrepreneurs do not object within two weeks.
From the validity of the new agreement, the changes to the General Terms and Conditions also apply to all other contracts that are still in progress.
All forms of additional agreements, both before the conclusion of the contract and during the contract period, must be in writing to be valid. For entrepreneurs, this also applies to deviations from the written form requirement.
Components of the contract on the part of the client.
Specifications coming from the client regarding the service content, even if Leistikow is aware of them, only become part of the contract if they are integrated into the offer by Leistikow or are otherwise expressly accepted by Leistikow, for example by referring to these specifications.
Legal elements coming from the customer, such as general terms and conditions or contractual clauses, even if Leistikow is aware of them, only become effective if they are accepted by Leistikow with an additional note that expressly includes these legal texts (e.g. “GTC accepted”). Otherwise, Leistikow expressly objects to the inclusion of legal elements such as general terms and conditions or contractual clauses of the client.
The mere acceptance of specifications regarding the service content of the client by Leistikow does not result in acceptance of the client's legal texts, even if these specifications contain legal elements (e.g. "Our terms and conditions apply.").
Procedure in case of contradictions.
In the event of contradictions between the offer, any descriptions of services (project-specific documents, general documents), any price lists and the general terms and conditions of Leistikow, these apply in the order mentioned. The more individual components therefore automatically change the more general components of the contract.
In the event of contradictions between contractual elements of Leistikow and contractual elements of the client, all contractual elements of Leistikow take precedence.
Procedure in case of ineffectiveness. Should individual provisions of the contract be ineffective or unenforceable, in the case of contracts with companies, the ineffective provision must be replaced by an effective provision that comes as close as possible to the economic meaning and purpose of the ineffective provision.
conclusion of contract
Offer by Leistikow.
Offers from Leistikow to the client, e.g. in the form of an individual offer to the client or a non-individualized offer such as an order form, catalog or web shop, are without exception subject to change and non-binding.
For all bookings and reservations made by Will surf in France for surf schools, clients and companies, Will surf in France is free of liability.
Surf schools as well as clients and companies are liable for themselves. Will surf in France has no relation whatsoever to the behaviour of surf schools, clients or companies in the surfing and accommodation sector.
Offer by the client.
If the customer places an order on the basis of an offer or without being asked, i.e. without a previous offer from Leistikow, e.g. in the case of additional orders in ongoing business relationships, the customer is involved as an entrepreneur in these two weeks or as a consumer in this one week from receipt Bound Leistikow.
Adoption by Leistikow.
The contract is therefore always only concluded when Leistikow accepts the order. The assumption has to be accepted from Leistikow.
The contract is therefore always only concluded when Leistikow accepts the order. Acceptance must always be in writing, e.g. by order confirmation, unless Leistikow indicates that Leistikow accepts the order, e.g. by taking action based on the order that is apparent to the customer. A mere confirmation of receipt of the order does not constitute acceptance of the order.
Clients must provide Leistikow with all the information necessary for the mediation.
Place of fulfillment for entrepreneurs.
The place of fulfillment is Leistikow's registered office.
scope of services.
The scope of the services to be provided results from Leistikow's written service description resulting from all parts of the contract. Information from other sources not included in the offer (e.g. presentation documents, websites or catalogues) are not part of the service description.
The customer is obliged to check the service description for compliance with his requirements and for completeness. After the order has been placed, changes to the service description are only possible by mutual agreement and can lead in particular to changes in prices, deadlines and dates.
Unless otherwise provided for in the written service description, Leistikow owes professional execution in accordance with the point in time when the offer was submitted. Within the framework of the written service description, Leistikow has freedom of design in the execution of the services, insofar as there are several professional options for execution.
Insofar as this is consistent with the objectives of the order, Leistikow is entitled to deviate from the service description and to replace services with other services of equal value.
Leistikow is entitled to carry out the services itself or to use knowledgeable third parties to provide the services (external services).
Agreed external services.
In the event that the provision of a service as an external service has been agreed with the customer (agreed external service), the contractual obligation consists exclusively of the provision of a third party. In the case of agreed external services, Leistikow is therefore only obliged to select someone else who will provide the service on the basis of a separate contract with the client.
Leistikow is entitled to commission the external service at its own discretion, both in its own name or in the name of the customer and on its own account or on account of the customer. If Leistikow concludes the contract in its own name and / or on its own account, this is done exclusively in the interest of the customer for the purpose of simplified contract and payment processing. The third party is therefore not active in pursuing Leistikow's interests and is therefore not included in Leistikow's interest-tracking program and thus also not in Leistikow's area of risk.
Leistikow is therefore not obliged to provide the specific service in the case of agreed external services.
Since Leistikow's performance consists exclusively of the provision of a third party, the customer is obliged, at Leistikow's request at any time, to enter into the contract concluded by Leistikow with the third party for agreed external services and to indemnify and hold Leistikow harmless from this contractual relationship.
dates and deadlines.
Dates or deadlines specified by Leistikow are non-binding unless they are expressly marked as binding.
Unforeseeable or unavoidable events.
Unforeseeable or unavoidable events - in particular default on the part of the customer in fulfilling his obligations as well as delays at Leistikow or Leistikow's contractors that were unforeseeable and unavoidable for Leistikow - extend deadlines or postpone dates by the duration of the unforeseeable and unavoidable event plus the duration of the event case necessary organizational measures. Leistikow must inform the customer of this in writing.
Obligations to cooperate on the part of the client.
The customer must provide Leistikow with all information in writing without delay, without being asked and in a form that can be processed further, and provide all services that are necessary for Leistikow to provide the services, in particular the customer must fill out the questionnaire provided by Leistikow.
This includes in particular the provision of a contact person for contract processing, the provision of documents, materials and facilities, the coordination of order details and the acceptance (release) of partial services and services.
If the need for the customer to provide information or services only becomes known while Leistikow is providing the services, the customer must submit these immediately.
The customer must check the information and services provided by him for their suitability, correctness and legality.
The customer is liable for all damage caused by the customer's inadequate, late or omitted cooperation, and in particular for the additional expenses incurred by Leistikow as a result. If Leistikow is unable to perform the services as agreed due to insufficient, late or omitted cooperation on the part of the client, Leistikow is also entitled, without prejudice to other rights, to interrupt the performance of the service, to substitute other services for other clients and only after these services have been completed to carry out the services for the client, insofar as he has fulfilled his obligations to cooperate by then, which means that all dates and deadlines are postponed.
If claims are made against Leistikow by third parties due to an infringement of rights in connection with information or services provided by the customer, the customer must also indemnify and hold Leistikow harmless and support them in defending against any claims by third parties.
Interventions by the client.
If the client intervenes in the services of Leistikow and makes changes on his own authority in a manner that has not been agreed, he is liable for the resulting additional expenses of Leistikow, e.g.
Leistikow's inspection obligations.
Leistikow is only liable for ensuring that the services provided by Leistikow are not illegal in themselves (e.g. use of a copyrighted work without the consent of the author).
However, Leistikow has no obligation to legally examine the services provided by Leistikow for any infringement of third-party rights or for any infringements of rights that arise from the type of use planned by the client (e.g. the use of a graphic as a logo). The client has to carry out these legal checks himself or have them carried out by a suitably trained legal expert, in particular with regard to administrative, criminal, competition, trademark, identification, design protection, copyright, personality and data protection law.
Insofar as Leistikow points out the need for an additional legal examination of services with regard to other rights or other risks before the order is placed or during the order after new order details become known, the liability for carrying out this legal examination with regard to other rights or for taking on these risks in the event that Leistikow had clarification or inspection obligations, to the client. Leistikow's service is therefore deemed to have been provided properly and in accordance with the agreement.
Rights to the Services.
In principle, Leistikow or Leistikow's licensors are entitled to all rights to the agreed services. The client receives the right to use the services after full payment of the agreed fee to the extent agreed with Leistikow or predefined by the licensors.
In the event that the scope has not been agreed, this includes the non-exclusive use, which does not include any right to sublicense or transfer to third parties (or affiliated companies), for own use in the client's company, with the right to processing on the legally indispensable minimum is restricted.
Leistikow is entitled to refer to Leistikow and possibly another author on all services provided by Leistikow for the client and, subject to written revocation, which is possible at any time, within the scope of Leistikow's own advertising material, data such as the name and logo of the client, project description, project images and the like as a reference or as an indication of the business relationship with the client, without the client being entitled to a fee for this.
Mediation activity of Leistikow.
After the agreed fee has been credited to Leistikow's account, all agreed information on booking surf schools or accommodation in France will be sent to the e-mail address provided by the end customer.
Choice of surf schools and accommodation.
Leistikow selects the surf schools and accommodations for the end customer from the list of suggested surf schools maintained by Leistikow and, if applicable, accommodations based on the information provided by the end customer.
If the list kept by Leistikow does not match the information provided by the client, Leistikow is entitled to suggest contacts to the end customer that are not included in the list kept by Leistikow (external schools).
All prices are ex Leistikow's place of business in euros plus sales tax for contracts with companies, including sales tax at the statutory rate for contracts with consumers.
All Leistikow services that are not expressly covered by the agreed fee, such as additional services agreed later, will be remunerated separately.
advance on costs.
Leistikow is entitled to request advance payments to cover its own expenses.
Leistikow is entitled to charge partial services.
Unjustified resignation by entrepreneurs.
In the event that the client as an entrepreneur withdraws from his order in whole or in part without grossly negligent or intentional fault on the part of Leistikow, Leistikow is still entitled to the agreed fee. In this case, Leistikow only has to take account of savings from purchases that have not yet been made. The same applies if Leistikow withdraws from the contract for an important reason within the sphere of the client.
In the case of contracts for an indefinite period and contracts with an automatic extension of the contract period, Leistikow is entitled to make an appropriate annual price adjustment, taking into account factors such as inflation, consumer and producer price indices, collective bargaining agreements, currency fluctuations and similar external factors that Leistikow cannot influence.
Leistikow is also otherwise entitled to make an appropriate price adjustment for individual services after the conclusion of the contract if the costs of these services increase by more than 5%, without Leistikow being able to influence this. If the opposite conditions are met, consumers are also entitled to a reduction in the fee.
Leistikow's invoices are due without any deductions from the invoice date. In principle, the service is provided only after full payment has been made.
Leistikow's invoices are to be paid within 7 days of receipt of the invoice.
Payability in online transactions.
In the case of online transactions, Leistikow's invoices must be paid when the order is placed.
Ban on set-off and retention.
Customers who are entrepreneurs are not entitled to offset their own claims against Leistikow's claims, even in the case of related claims, unless the customer's claim has been recognized in writing by Leistikow or determined by a court. A right of retention in favor of customers who are entrepreneurs is excluded.
In the event of late payment, the statutory interest applicable between entrepreneurs, but at least 9% per annum, must be paid for contracts with entrepreneurs, and interest of 9% per annum for contracts with consumers. The customer must bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal prosecution.
Continued Default in Payment.
After an unsuccessful reminder by the client, setting a grace period of at least 7 days, Leistikow can immediately declare all services and partial services already rendered due, including within the framework of other contracts concluded with the client, and temporarily suspend the provision of services that have not yet been paid until all outstanding fee claims have been paid in full set to.
After another week has passed without result, Leistikow is entitled to withdraw from all contracts and to demand compensation for the lost profit in addition to payment for the services already rendered. Leistikow is therefore also entitled not to perform or discontinue services that have already been paid for if savings result from the discontinuation of the service and to offset the savings against the outstanding claims.
Irrespective of these options, Leistikow can, of course, file a lawsuit with the court immediately after the due date has expired.
If Leistikow and the client conclude an agreement on payment by installments, the loss of deadlines in the event of late payment of even just one installment is deemed to have been agreed.
Obligation to notify entrepreneurs.
After the request for an interim acceptance by Leistikow, after handover and after the start of actual operation, the customer must accept the services handed over or to be accepted in writing within 8 days at the latest ("release") or report any defects or damage in writing.
In the case of an interim acceptance, further work by Leistikow can only be carried out after the interim acceptance / "release". In the event of late acceptance or a complaint, the services are automatically deemed to have been accepted by the client.
Hidden defects or damage that only occurs after 8 days, but within open guarantee, warranty or damage compensation periods, must also be reported by the customer within 8 days of detection.
The obligation to give notice of defects is subject to all defects or damage which the customer would have to recognize with the care of a prudent entrepreneur with appropriate inspection. In the case of interim inspections, due to the special importance of interim inspections to avoid defects, which then run through all further service steps, the inspection must correspond to a final, detailed and particularly careful inspection. At the handover, the control has to correspond to an initial but nevertheless precise control. Due to the special importance of starting real operation in order to avoid damage during operation, the control must in turn correspond to a final, detailed and particularly careful control when starting real operation.
The customer's complaint must describe the defect or damage in detail and in a comprehensible manner. In the case of defects or damage that do not occur constantly, the exact times and framework conditions at which the defect or damage occurred must be stated. The customer must enable Leistikow to take all necessary measures to examine and remedy the defects or damage. If the client fails to report the defects in good time, the assertion of guarantee, warranty and damage claims as well as claims based on other liability regulations, in particular claims for recourse, by the client is excluded.
For consumers, the statutory provisions of warranty law apply. In addition, additional guarantees or customer services may apply to consumers as part of the product description.
The right to warranty and the right to warranty recourse are limited to six months from handover for entrepreneurs.
The customer as an entrepreneur has the right to improvement or replacement or, in the case of minor defects, also to a price reduction or, in the case of significant defects, to conversion at Leistikow's discretion. The rectification of the defect does not extend the warranty period for companies, nor does it begin to run again for the part of the service affected by the rectification of the defect.
Error, shortening more than half for entrepreneurs.
The right to challenge due to error and shortening by more than half is excluded.
damages and other claims.
Claims for damages and claims based on other liability regulations, in particular claims for recourse, by the client are excluded, insofar as these are not based on gross negligence or intent in the case of contracts with entrepreneurs or on gross negligence or intent in the case of contracts with consumers.
Such claims by entrepreneurs expire six months after knowledge of the damage and the damaging party; but in any case after three years from the act of infringement.
Claims based on personal injury and other non-dispositive liability regulations are excluded from this exclusion of liability.
Protective effect in favor of third parties.
It is expressly agreed that this contract has no protective effect in favor of third parties.
Liability for agreed external services.
The respective third parties who provide the agreed external services are not vicarious agents of Leistikow. Leistikow is therefore only liable for faulty selection. If the third party is used at the suggestion of the customer, Leistikow is not liable for the third party at all.
Burden of proof for entrepreneurs.
A reversal of the burden of proof to the detriment of Leistikow is excluded. In particular, the existence of the defect at the time of handover, the time the defect was discovered, the timeliness of the notice of defects and the existence and degree of fault must be proven by the customer.
Online Dispute Resolution
Online dispute resolution platform for consumers.
The EU has set up an "online dispute resolution platform" (ec.europa.eu/odr) to settle disputes with consumers. Leistikow decides whether to participate in a dispute settlement procedure in individual cases. For dispute resolution questions, Leistikow is available at willsurfinfrance.com.
Austrian law shall apply exclusively to all legal relationships and circumstances between the customer and Leistikow, to the exclusion of international reference standards.
Mandatory Consumer Law.
If, in the case of contracts with consumers, Leistikow's professional or commercial activity is geared towards the home country of the consumer, the protection offered to the consumer by the mandatory legal provisions of the country of residence remains unaffected by the agreed applicable law.
UN sales law.
The provisions of the UN sales law do not apply to contracts with entrepreneurs.
Jurisdiction for entrepreneurs.
The competent Austrian court for Salzburg is agreed as the place of jurisdiction for all disputes between Leistikow and entrepreneurs. However, Leistikow is also entitled to sue at the general place of jurisdiction of Leistikow and the entrepreneur.
Cancellation policy for consumers
right of withdrawal.
In distance selling, consumers have the right to withdraw from the contract within fourteen days without giving a reason.
The cancellation period is fourteen days
in the case of a contract for the delivery of goods, from the day on which the consumer or a third party designated by him, who is not the carrier, took possession of the goods;
in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, from the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the last good Has;
in the case of a contract for the delivery of goods in several installments or pieces, from the day on which the consumer or a third party designated by him, who is not the carrier, took possession of the last installment or piece
in the case of a contract for the regular delivery of goods over a specified period of time, from the day on which the consumer or a third party designated by him, who is not the carrier, took possession of the first goods
in the case of a service contract, with the exception of services in the areas of accommodation for other than residential purposes, transport of goods, rental of motor vehicles and delivery of food and beverages and services provided in connection with leisure activities, provided that in each case for the performance of the contract by the entrepreneur a specific time or period is contractually provided, from the conclusion of the contract
Up to 31 days before the scheduled date there is a full refund of the course or material costs. (Exception: minus credit card transfer fees and website transfer fees).
Courses that have to be cancelled due to weather or other unforeseen reasons will be rescheduled if possible, otherwise a full refund will be given. (Exception: minus credit card transfer costs and website transfer fees).
Cancellation rates per person:
+ up to 30 days before reservation date :10% of the price
+ from 29 to 20 days before reservation date: 25% of the price
+ from 19 to 10 days before reservation date: 50% of the price
+ from the 9th to the 4th day before reservation date : 65% of the price
+ from the 3rd day (72 hours) before reservation date : 85% of the price
+ from 2 days before reservation to no show: 100% of the price
in the case of a contract for the delivery of digital content that is not delivered on a physical medium, from the conclusion of the contract.
In order to meet the cancellation deadline, it is sufficient for consumers to send the communication regarding their exercise of the right of cancellation before the cancellation period has expired.
Declaration of revocation.
In order to exercise the right of withdrawal, consumers must inform the entrepreneur (Mag. Diana Gabriela Leistikow, Auerspergstraße 63, 5020 Salzburg, 06601089908, willsurfinfrance.com) of their decision by means of a clear statement (e.g. a letter sent by post, fax or e-mail). to revoke this contract. Consumers can use the sample withdrawal form below, but this is not mandatory.
Sample revocation form.
(To revoke the contract, please fill out and send back this form.)
Mag. Diana Gabriela Leistikow
Auerspergstrasse 63, 5020 Salzburg
—I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) —
Ordered on (*)
Received at (*)
Name of consumer(s) —
Address of consumer(s) —
Signature of consumer(s) (only if notification is on paper) —
(*) Delete where not applicable.
Consequences of cancellation of services.
If the consumer withdraws from a service contract in the event that the contractor has started to fulfill the contract, the contractor is entitled to charge the consumer an amount that is proportionate to the contractually agreed total price and the service already provided by the contractor up to the point of withdrawal.
Consequences of cancellation of goods.
If consumers withdraw from an agreement, the entrepreneur has to pay all payments that the entrepreneur has received from the consumer, including delivery costs (with the exception of the additional costs resulting from the consumer choosing a different type of delivery than the cheapest one offered by the entrepreneur has chosen standard delivery) immediately and at the latest within fourteen days from the day on which the entrepreneur received the notification of the cancellation of this contract. For this repayment, the entrepreneur uses the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with the consumer; under no circumstances will the consumer be charged for this repayment.
The consumer must return or hand over the goods to the entrepreneur without delay and in any case no later than fourteen days from the day on which the consumer informed the entrepreneur about the cancellation of this contract. The deadline is met if the consumer sends the goods before the period of fourteen days has expired.
The entrepreneur can refuse repayment until the entrepreneur has received the goods back or until the consumer has provided proof that the consumer has returned the goods, whichever is earlier.
The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The consumer bears the direct costs of returning the goods.
§ 18 FAGG.
According to § 18 FAGG there is no right of withdrawal for consumers for:
Goods that can spoil quickly or whose use-by date would soon be exceeded
Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
The voucher can be purchased directly on the website or by bank transfer, specifying the desired amount. The same terms and conditions for Leistikow apply here.
Account details for transfer of the booking costs (if not booked directly from the website):
Iban: AT88 2040 4000 4286 6459
Subject: Name + scheduled course date