Ernsting.com Publications GmbH
Managing Director: David Ernsting
Phone: +49 30 - 577 055 13-0
Steinfurt Local Court HRB 12389
VAT ID No.: DE207167160
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1. general provisions
Ernsting.com Publications GmbH provides its services to you on the basis of the following General Terms and Conditions of Business and Participation (hereinafter "GTC"). In addition, when using certain services of Ernsting.com Publications GmbH, special provisions applicable to the respective service may apply. Where applicable, you will be informed of these before using the service in question. If you use the services of Ernsting.com Publications GmbH, you agree to be bound by these General Terms and Conditions. Your contractual partner for the Services is Ernsting.com Publications GmbH.
The current version of the GTC is available on our website. The GTC including older versions are also stored at Ernsting.com Publications GmbH.
The information and links on our websites are compiled carefully and to the best of our knowledge. Ernsting.com Publications GmbH, as the operator of the websites, naturally makes every effort to ensure that the information and details provided are always up to date, complete and correct.
To the extent permitted by law, Ernsting.com Publications GmbH is not liable for the accuracy, timeliness and completeness of the data transmitted (including links) or for actions taken in reliance thereon, or for investments made on the basis of the information presented on the websites. This applies in particular to information received by Ernsting.com Publications GmbH from third parties, such as information on financial products provided by third parties.
The information displayed on the websites of Ernsting.com Publications GmbH or otherwise provided to you is always non-binding and intended solely for information purposes. Commercial use or any use for trading purposes is not permitted. Please request the respective valid sales prospectus before making any investment decision.
The offer and sale of financial products in respect of which information is contained on this website is restricted by law in certain jurisdictions. Persons under the jurisdiction of such jurisdictions are responsible for informing themselves about and complying with such restrictions.
Historical returns are not indicative of future performance. Ernsting.com Publications GmbH accepts no liability whatsoever for any losses arising from reliance on data and information published on its websites.
Please note that alternative investment strategies involve special risks. The value of an investment may fall as well as rise, which may cause investors to
must also be prepared to accept price losses. Detailed information on the potential risks can be found in the applicable subscription prospectus.
Ernsting.com Publications GmbH is not obliged to permanently check links to other websites without any indication of a violation of the law. No liability is therefore accepted for the content of linked websites. Should Ernsting.com Publications GmbH become aware of illegal content on a linked site, the link will be removed immediately.
The liability of Ernsting.com Publications GmbH for damages is excluded. This does not apply to damage caused by an intentional or grossly negligent breach of duty by Ernsting.com Publications GmbH or its vicarious agents, to damage to life, limb or health caused intentionally or negligently, or to the intentional or negligent breach of contractual obligations which are so essential that their fulfilment is a prerequisite for the performance of the contract and on whose fulfilment you may therefore rely (so-called cardinal obligations). Cardinal obligations); in the event of a breach of cardinal obligations, however, our liability for simple negligence shall be limited to damages that were foreseeable at the time of the conclusion of the contract and are typical for the contract.
Ernsting.com Publications GmbH reserves the right to make changes or additions to the website without prior notice.
The contents and structure of this website are protected by copyright. Reproduction or use of the information or data stored on this website requires the prior written consent of Ernsting.com Publications GmbH. Temporary storage on proxy servers or a cache memory for the purpose of accelerating access is permitted, provided that the stored files are not modified.
All contractual relationships with Ernsting.com Publications GmbH, including these Terms and Conditions, as well as the use of the Services, are governed by German law; for consumers, this only applies to the extent that you are not thereby deprived of the protection of mandatory law of the state of your habitual residence. If you do not have a general place of jurisdiction in Germany or if you act as a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from contractual relationships with Ernsting.com Publications GmbH or for disputes in connection with the use of the Services and/or these GTC is Münster, Germany.
2. the following special provisions apply to participation in the broker selection:
Brokerwahl is a voluntary service provided by Ernsting.com Publications GmbH, which acts as the organiser of Brokerwahl and the associated competitions under the name Broker-Test.de.
Persons who register to vote in the Broker Election are hereinafter referred to as "Participants".
Each participant may only take part in the broker selection and the broker selection competitions once per year. Should a participant register for the broker election more than once (per year and election), he/she will be excluded from participation in the broker election as well as from participation in the prize draw. All votes cast by this participant will be deleted.
Participation in the broker selection and the competition requires that the participant provides his/her first and last name as well as an e-mail address registered in his/her name. After entering the requested data and casting the vote, the participant will receive a confirmation link by e-mail. By clicking on the link, the participant confirms that he/she has not made any further registrations or votes for the current broker election. The registration data you enter constitutes contractual data and will be stored by Ernsting.com Publications GmbH.
For the purpose of ensuring an independent, uninfluenced and objective broker selection, all usage and connection data (in particular also the IP address and the personal data provided using this address) will be stored. The storage of the IP address and other connection data serves solely to protect against manipulation of the broker selection and the competition. The connection data will not be passed on to third parties and will be deleted after completion and evaluation of the broker selection and the competition. Exceptions to this are the passing on for the purpose of carrying out the broker selection and the competition as well as the passing on to criminal prosecution authorities in the event of suspicion of manipulation of the broker selection or the competition. In the event of unlawful use of the personal data of third parties, the third party concerned will be informed (see below).
Ernsting.com Publications GmbH is entitled to exclude participants who provide invalid or incorrect connection or personal data from participating in the competition without prior warning or notification. This right also exists if there is no registration of the respective participant for the specified connection data, such as e-mail address, postal address or other telecommunication data, or if the participant cannot be reached via the specified communication channels.
A draw will be held among the participants in the broker selection as part of a prize draw. There is no legal claim to participation in the prize draw.
In the event of a win, the entrant will receive an email notification to the email address they provided during the registration process. The notification will ask the participant to confirm receipt of the prize notification within a specified reasonable period of time. If the participant does not confirm receipt of the prize notification within this period, Ernsting.com Publications GmbH is entitled to re-draw the prize. In this case, the participant loses his/her right to receive a prize. This legal consequence will be expressly pointed out to the participant again in the prize notification.
Any attempt to manipulate the broker selection or the competition shall result in an obligation to pay damages to Ernsting.com Publications GmbH. Ernsting.com Publications GmbH is entitled to claim damages from the participant who casts multiple votes in the broker selection or registers more than once in the competition.
Attempting to manipulate the broker selection and/or the competition may be punishable under Section 263 of the Criminal Code (fraud), Section 269 of the Criminal Code (falsification of data relevant to evidence) and/or Section 270 of the Criminal Code (deception in legal transactions involving data processing) of the Criminal Code and may be punished with imprisonment or a fine. Ernsting.com Publications GmbH will report any attempted manipulation to the police. Should personal data of third parties be unlawfully entered during participation in the broker selection, the organiser will inform the third parties of this and thus enable the enforcement of civil law claims as well as the initiation of criminal investigation proceedings.
The rating information provided by the participants as part of their participation in this year's broker poll will be evaluated by Ernsting.com Publications GmbH for market research purposes and, if necessary, passed on to third parties in pseudonymised form. The participant has the right to object to the creation of a pseudonymous usage profile by sending an e-mail to firstname.lastname@example.org or by sending a postal message to Ernsting.com Publications GmbH at the address below.
The advertised prizes will be raffled off among the participants in the competition for this year's broker selection and in the bonus competition for the broker selection after the end of the broker selection. The closing date for entries to the competitions is 31 March 2024. The organiser reserves the right to replace the advertised prizes with other prizes of equal value. Employees of Ernsting.com Publications GmbH are excluded from participating in the competition.
The winners will be notified by e-mail and their names will be announced on the website of this year's Broker Election. Participants in the competition hereby expressly agree to the publication of their name in abbreviated form (e.g. "Frank M.") in the event of a win.
The legal process is excluded.
Table of contents
1. objective and responsible body
2. basic information on data processing
3. processing of personal data
4. collection of access data
5 Cookies & Reach Measurement
6. google analytics
7. google re/marketing services
9. integration of third-party services and content
10 User rights and cancellation
1. objective and responsible body
This data protection declaration provides information on the type, scope and purpose of the processing (including collection, processing and use as well as obtaining consent) of personal data within our online offer and the websites, functions and content connected with it (hereinafter jointly referred to as "online offer" or "website"). The data protection declaration applies irrespective of the domains, systems, platforms and devices (e.g. desktop or mobile) used on which the online offer is executed.
The provider of the online offer and the entity responsible for data protection is Ernsting.com Publications GmbH, owner: David Ernsting, Schleupestr. 13, 48431 Rheine (hereinafter referred to as "provider", "we" or "us"). For contact details, please refer to our imprint.
The term "user" includes all customers and visitors to our online offer. The terms used, such as "user", are to be understood as gender-neutral.
2. basic information on data processing
We only process users' personal data in compliance with the relevant data protection regulations in accordance with the principles of data economy and data avoidance. This means that the user's data will only be processed if a legal permission exists, in particular if the data is necessary for the provision of our contractual services and online services, or is required by law, or if consent has been given.
We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons.
If content, tools or other means from other providers (hereinafter collectively referred to as "third party providers") are used within the scope of this data protection declaration and their named registered office is abroad, it is to be assumed that a transfer of data to the registered office states of the third party providers takes place. The transfer of data to third countries takes place either on the basis of legal permission, user consent or special contractual clauses that guarantee the legally required security of the data.
3. processing of personal data
- The provision, execution, maintenance, optimisation and safeguarding of our services, services and user services;
- Ensuring effective customer service and technical support.
We only transfer users' data to third parties if this is necessary for billing purposes (e.g. to a payment service provider) or for other purposes if these are necessary to fulfil our contractual obligations to users (e.g. communication of addresses to suppliers).
When contacting us (via contact form or email), the user's details are stored for the purpose of processing the enquiry and in the event that follow-up questions arise.
Personal data will be deleted if it has fulfilled its purpose and if there are no obligations to retain it.
4. collection of access data
We collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, 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.
We use the log data without attribution to the person of the user or other profiling in accordance with the legal provisions only for statistical evaluations for the purpose of the operation, security and optimisation of our online offer. However, we reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use due to concrete indications.
5 Cookies & Reach Measurement
The viewing of this online offer is also possible under exclusion of cookies. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
It is possible to view many online advertising cookies from companies via the US site http://www.aboutads.info/choices or the EU side http://www.youronlinechoices.com/uk/your-ad-choices/ to manage.
6. google analytics
Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
You can find out more information about the use of data for advertising purposes by Google, and about setting and objection options on the Google website: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), http://www.google.de/settings/ads ("manage information that Google uses to serve ads to you") and http://www.google.com/ads/preferences ("Determine what advertising Google shows you").
7. google re/marketing services
We use the marketing and remarketing services (Google Marketing Services for short) of Google Ireland Ltd, Gordon House, 4 Barrow St,Dublin, D04 E5W5, Ireland, ("Google").
Google's marketing services allow us to display advertisements for and on our website in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, users are shown ads for products they were interested in on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, which content he or she is interested in and which offers he or she has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform Google Analytics that the IP address is shortened within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases is transmitted in full to a Google server in the USA and shortened there. The IP address is not merged with the user's data within other Google offerings. This aforementioned information may also be combined with such information from other sources. If the user subsequently visits other websites, he or she may be shown ads tailored to his or her interests.
User data is processed pseudonymously within the scope of Google marketing services. This means that Google does not store and process the name or email address of the user, for example, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. I.e. from Google's perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymisation. The information collected by "DoubleClick" about users is transmitted to Google and stored on Google's servers in the USA.
The Google marketing services we use include the online advertising programme "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked via the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
Another Google marketing service used by us is the "Google Tag Manager", with the help of which further Google analysis and marketing services can be integrated into our website (e.g. "AdWords", "DoubleClick" or "Google Analytics").
If you wish to object to the collection by Google marketing services, you can use the settings and opt-out options provided by Google: http://www.google.com/ads/preferences.
The following information explains the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the course of registration, they are decisive for the consent of the users. In addition, our newsletters contain information on products, offers, promotions and news from our company or our partners.
Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. 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 the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.
The e-mail addresses of our newsletter recipients, as well as their other data described in these notes, are stored on the servers of the dispatch service provider. The dispatch service provider uses this information to dispatch and evaluate the newsletter on our behalf. Furthermore, according to its own information, the dispatch service provider may use this data to optimise or improve its own services, e.g. for the technical optimisation of the dispatch and the presentation of the newsletter or for economic purposes in order to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass it on to third parties.
Registration data: To register for the newsletter, it is sufficient to enter your e-mail address.
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis. We use the newsletter service providers described below to process the newsletter.
This website uses ActiveCampaign to send newsletters. The provider is ActiveCampaign, Inc, 1 N Dearborn, 5th Floor Chicago, Illinois 60602, USA.
ActiveCampaign is a service that can be used to organise and analyse the sending of newsletters, among other things. The data you enter for the purpose of subscribing to the newsletter is stored on ActiveCampaign's servers in the USA.
Data analysis through ActiveCampaign
With the help of ActiveCampaign, we are able to analyse our newsletter campaigns. For example, we can see whether a newsletter message has been opened and which links have been clicked on. In this way, we can determine which links were clicked on particularly often.
We can also recognise whether certain previously defined actions were carried out after opening/clicking (conversion rate). For example, we can recognise whether you have made a purchase after clicking on the newsletter.
ActiveCampaign also allows us to subdivide ("cluster") newsletter recipients according to various categories. Newsletter recipients can be categorised by age, gender or place of residence, for example. In this way, the newsletters can be better customised to the respective target groups. If you do not wish to be analysed by ActiveCampaign, you must unsubscribe from the newsletter. We provide a link for this purpose in every newsletter message.
Detailed information on the functions of ActiveCampaign can be found at the following link: https://www.activecampaign.com/email-marketing.
The data processing takes place on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.activecampaign.com/legal/scc and https://www.activecampaign.com/de/legal/gdpr-updates/privacy-shield.
The data you provide us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored by us for other purposes remains unaffected by this.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which guarantees that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. At the same time, your consent to its dispatch by the dispatch service provider and the statistical analyses will expire. Unfortunately, it is not possible to cancel the dispatch by the dispatch service provider or the statistical analyses separately.
You will find a link to unsubscribe from the newsletter at the end of each newsletter.
9. integration of third-party services and content
It may happen that content or services from third-party providers, such as city maps or fonts from other websites, are integrated within our online offer. The integration of content from third-party providers always requires that the third-party providers are aware of the IP address of the user, as without the IP address they would not be able to send the content to the user's browser. The IP address is thus required for the display of this content. Furthermore, the providers of the third-party content can set their own cookies and process the users' data for their own purposes. In doing so, user profiles can be created from the processed data. We will use this content in a data-saving and data-avoiding manner as far as possible and select reliable third-party providers with regard to data security.
The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part already mentioned here, options for objection (so-called opt-out):
10. rights of users and deletion of data
Users have the right, upon request and free of charge, to obtain information about the personal data we have stored about them.
In addition, users have the right to correct inaccurate data, revoke consent, block and delete their personal data, as well as the right to lodge a complaint with the competent supervisory authority in the event that unlawful data processing is assumed.
The data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion is not contrary to any statutory retention obligations.
We reserve the right to change the data protection declaration in order to adapt it to changed legal situations or in the event of changes to the service as well as data processing. However, this only applies with regard to declarations on data processing. Insofar as user consent is required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.