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FLOXTER Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH FLOXTER OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the User Agreement of FLOXTER, a Service-PORTAL of  winformation Informationstechnologie GmbH, Ringstraße 5, 69221 Dossenheim (in the following named FLOXTER). This Agreement describes the terms and conditions applicable to your use of our services at FLOXTER. If you have any questions that our FAQ  cannot answer, please contact the Customer Service (customercare@floxter.com).
The usage of FLOXTER is voluntary. By accessing our PORTAL you obtain the status of a USER. As from moment of accessing our service all USERS agree without any limitation to the „general user agreement“, the „Privacy Notice“ and if necessary to the „user agreement for participating as contributive user“ and/or to the „user agreement for participating as provider“ which complete, replace or change the „general user agreements“ as to the services and contents of our PORTAL. Hence USERS have to attentively read all points of the agreement before using our PORTAL under own responsibility.
If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change, modify, add or remove portions of these terms at any time, at our sole discretion. If you continue to use the site after we have posted changes to the terms, this implies the consent to the new terms.

User agreement for participating as contributive user 

Following passages refer to your participation as contributive USER on FLOXTER and your voluntary contribution to tasks provided by the FLOXTER - PORTAL.  Some of these tasks may be compensated.  

1. Eligibility for Membership as contributive USER
   This service is provided to individuals who are 18 years of age and older or to minors who are 14 years of age and older and who have parental permission to open and maintain an account (in the following named participant). If you do not qualify, please do not use our services. FLOXTER may refuse our services to anyone at any time, at our sole discretion. 
   
   BY COMPLETING THE REGISTRATION PROCESS, YOU STATE THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Fees
   Joining FLOXTER is free. We may at our sole discretion add, delete or change some or all of our services at any time. Any fees will be clearly posted.

3. Compensation, collecting and converting of points
   If a task is compensated, compensation will be credited in form of Points. From a certain amount of Points you can cash them. The amount of offered Points can be seen before accepting a task. FLOXTER reserves its right to change or specify the kind of conversion. This specifications will be disclosed on the FLOXTER-PORTAL. The points may be paied out into different currencies. The Conversion of points into your currency can be displaied anytime and is shown every time you activate the pay out.
   Your points can also be converted to payments in kind or coupons. Information to your current score, possibilities of pay out and exchange rates can be found in your user profile.

   If you choose 'pay out', incidentally following terms apply:

   1. Participants are liable for errors in payouts with credit transfers and other payment procedures due to wrong bank or account data  or other transmission errors if this is not caused by purpose or gross negligence of FLOXTER. There is no claim to an anew pay out.
   2. You are entitled to the pay out of points, only if the work on  FLOXTER, e.g. a study, a project, a survey or any other activity regarding FLOXTER is performed in all conscience, completely and  truthfully.
   3. Points for payment regarding FLOXTER, a study, a project, a survey or any other activity regarding FLOXTER may be set individually, may change any time and will be clearly posted for users.
   4. For the limited purpose of facilitating the payment of points to you, you hereby agree that FLOXTER may share the personal information with a third party (e.g. a bank) as far as necessary. Specifically, this may include, but is not necessarily limited to, your name, your address, your User-ID, the amount to be paid to you, any data linked to the payment procedure (e.g. your bank account), generated while participating in FLOXTER.
   5. Further, you approve that you have reviewed the personal data you have given to FLOXTER and that it is correct to the best of your knowledge. For the avoidance of any doubt, you agree that the mailing address you have provided is correct.
   6. Expiration of Points
      FLOXTER reserves the right to deny redemption if points were awarded more than three years prior to the request or if the account has not been active for more than one year.
   7. Tax Laws
      We advise expressly that the amounts received must stated and declared under the current tax law and be taxed if applicable.

User agreement for participating as PROVIDER 

Following passages refer to your participation as PROVIDER of tasks and compensation to potential USERS of FLOXTER. 

As PROVIDER you place tasks on the FLOXTER – PORTAL which can be solved by USERS  against remuneration.  

4. Eligibility for membership
   This service is provided to legal entities and individual persons  (in following named PROVIDERS) who place a survey, a project, a study or similar tasks on the FLOXTER – PORTAL. Individual persons have to be contractually capable. If you do not qualify, please do not use our services. FLOXTER may refuse our services to anyone at any time, at our sole discretion.

BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

5. Fees
   Joining FLOXTER is free. We may at our sole discretion add, delete or change some or all of our services at any time. Any fees will be clearly posted.

6. Inpayment
   For the execution of a task placed by you on the FLOXTER – PORTAL you may offer a remuneration. This amount will be written off your FLOXTER-Account, as soon as a task is completed. Your FLOXTER-account has to have sufficient coverage to pay all tasks. FLOXTER charges a fee for the placement and execution of tasks. After approving of the fee you are obliged to pay it to FLOXTER. All fees are calculated and displayed clearly when placing a task.

7. Execution of tasks
   FLOXTER is not liable for the execution of the provided tasks, neither regarding the extent nor the correctness of the results/tasks.  

General user agreement 

8. General
   Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act as to subsequent or similar breaches.

9. Notices
   Except as explicitly stated otherwise, any notices to FLOXTER shall be given by email to userareement@floxter.com. FLOXTER communicates to you by the email address provided in the registration process or in your user profile.

10. Fraudulent Activity
    Without limiting any other remedies, indemnities or causes of action available to FLOXTER and its affiliates, if it is determined that you have engaged in fraudulent activity in connection with our site, services or accounts (including but without limitation furnishing false or misleading data or engaging in any activities not in good faith with respect to online services, online test markets or the referral program) or if you otherwise breach this Agreement, FLOXTER may suspend, terminate or delete your account(s) and any Points accrued, owed or paid will be subject to cancellation, forfeiture and reimbursement.  
    You may only sign up once and maintain one Membership. Only one individual per account is allowed and Only one account per individual. Also only one account per e-mail address is allowed. You may only create an account for yourself and may not establish an account on behalf of anyone else.
    Any duplicate accounts are subject to cancellation with forfeiture of all points.
    You must provide FLOXTER with valid contact (email address) information and may not impersonate or misrepresent Your identity.
    FLOXTER may request from time to time that you update the information on your online registration.
    FLOXTER may terminate your membership and close your account if you fail to update your information upon request from FLOXTER.
    Username, password, and all account data are personal to You and are not transferable; You may not allow anyone else to use Your password or account; You may not use anyone else's password or account.

11. Entitlement of participation
    The registration does not entitle to paricipate in specific services of FLOXTER.

12. No Agency
    You and FLOXTER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

13. Respondent Confidentiality
    By becoming a participant of FLOXTER, you agree that you will hold in strict confidence and not disclose to any other parties information learned in connection with any survey, project, questionnaire or other activity related to FLOXTER. You agree you will use the information contained in any survey, project or questionnaire only in ralation to that task. You shall notify the Customer Service if you discover any loss or unauthorized disclosure of the information. The kind of information you may learn in connection with a survey, project or questionnaire includes trade secrets, proprietary information, media content, unique techniques, sketches, drawings, works of authorship, models, inventions, know-how, research, experimental work, development, design details and specifications, sales and merchandising plans and other information provided relating to third parties.

14. No warranty and exclusion of liabilities.
    FLOXTER is a mere broker. FLOXTER is neither responsible for the quality nor for the performance of participating users nor for the contents and tasks provided by USERS. Criminal or illegal content will be removed quickest possible after taking notice. FLOXTER is not liable for the following incidents,  facts, matters and contents nor for resulting damages, if they do not base on a purposely or grossly negligent acting of FLOXTER:

    1. For illicit, negligent or fraudulent use, the impersonation of third parties or acting contrary to these general conditions, to good faith, to generally accepted practice or to public order, through the website, its service and contents, by the USER.
    2. For violations or infractions of the existing laws, practices or customs in the fields of intellectual property rights, of industrial rights, of corporate or contractual secrecy, and amongst others rights of intimacy, honour, image, ownership, publicity or competition to third parties.
       
    3. For the receiving, storing, obtaining, broadcasting or transmitting of the contents of FLOXTER by the USERS.
    4. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.

15. Breach
    We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.  We reseve our right to immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership for other reasons.

16. General Compliance with Laws
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service (incl. bidding on, listing, purchase and sale of items).

17. Futher  agreements
    If the USER is a businessman in the sense of HGB, the place of jurisdiction and place of execution is the business location  of the winformation GmbH. In case of no other terms offered the business location is the place of fulfillment. This Agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).  Additional agreements or other changes of agreements require written form. This also applies to changing the written form clause. The parties declare herewith that the written form is complied with by email.  If any provision of this Agreement is held to be invalid or unenforceable, this has no effect to the other clauses.

18. Disclosures
    The services hereunder are offered by FLOXTER, a service of:
    winformation® Informationstechnologie GmbH
    Ringstraße 5, 69221 Dossenheim.
    
    Further information may be obtained by writing to this address.

FLOXTER Privacy Notice 

FLOXTER knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. With this declaration you agree to the collection, the processing and use of the following personal data for the named purposes. This consent may be revoked at any time wiht effect for the future. 

Responsible location 

Responsible location in terms of Federal Data Protection Act  is winformation Informationstechnologie GmbH, Ringstraße 5, 69221 Dossenheim, GERMANY. 

Which Personal Information About Users  Does FLOXTER Collect and Use? 

The information we learn from customers helps us to continually improve our Services. We use this information to register and execute tasks, to provide services and to accomplish the remuneration and payment. We may also use your information to communicate news, tasks, products, services and marketing-offers (see below communication per emailI) and to update our data and maintain your client-account, to establish e.g. ratings, and to recommend tasks, products and services to you which might arise your interest. Further, we use your information to improve our portal and our platform, to prevent and detect any misuse of our website and to enable third parties to perform technical, logistic and other tasks on our behalf.

Here are the types of information we gather: 

• Information You Give Us: We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use this information for such purposes as enhancing the offered Tasks for you, improving our PORTAL, and communicating with you.

• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your web browser accesses the FLOXTER website. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a error free access to FLOXTER if we cannot recognize you, we want you to be aware that these tools exist.

• Email Communications: To help us make emails more useful and interesting, we often receive a confirmation when you open emails from FLOXTER if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive email or other mail from us, please adjust your Customer Communication Preferences.

• Information from Other Sources: We might receive information about you from other sources and add it to our account information. We reserve the right to collect information from third parties about your pyament history to enable us to offer you specific modes of payment (e.g. electronic cash) and other financial services.

What About Cookies? 

• Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser and to provide features such as automatic login.

• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to use all features of FLOXTER error free, and we recommend that you leave them turned on.

• Furthermore, we recommend you to always log out if you use a computer jointly and if the browser accepts cookies.

Does FLOXTER Share the Information It Receives? 

Information about our customers is an important part of our business and they help us to improve our services. However we do not sell this information to others. We share customer information only as described below:  

• Within the task placed on FLOXTER. Of course information you supply within a task and all other related information is transmitted to task-PROVIDERS.
  

• Affilated Business: Affiliated business we control and their affiliated companies if this Privacy Notice applies to them or if these companies are guided by an at least similarly effective Privacy Notice.

• Affiliated Businesses we Do Not Control: We work closely with our affiliated businesses. In some cases services are provided in cooperation with such Service-Providers. You will always be informed, when a third party is involved in your transactions and when we share customer information related to those transactions with that third party.

• Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include analyse of our system, performing  orders, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

• Promotional Offers: Sometimes we send offers to selected groups of FLOXTER USERS on behalf of other businesses. In this case we do not give your name and address to that business. If you do not want to receive such offers, please adjust your user profile.

• Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that FLOXTER, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

• Protection of FLOXTER and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of FLOXTER, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

• With Your Consent: In any other cases you will be informed before information is shared with third parties, and you will be given the opportunity to object.

If information is shared as described above with third parties in countries outside the European Economic Area, we assure, that the information is treated in compliance with this Privacy Notice and the Federal Data Protection Act of Germany. 

How Secure Is Information About Me? 

• To protect the security of your information during transmission we use Secure Sockets Layer (SSL) software, which encrypts transmitted information. 

• We reveal only the last five digits of your credit card numbers when confirming a pay. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. 

• We provide physical, electronic and process-oriented safeguards as to the collection, saving and disclosure of personal data of our clients. These safeguards include our incidental request to proof your identity before disclosing personal data.

• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off after using a shared computer.  

What else is important regarding Privacy?

Please keep in mind that whenever you enter personal information voluntarily online (eg. per message, E-Mail) the information could be collected and used by others. In short: If you send personal information in public areas you can receive unwanted messages. At last you are responsible for keeping you password and/or every account data secret. Please act careful and responsible when you are online.

What About Third-Party Advertisers and Links to Other Websites? 

Our site includes third-party advertising and links to other websites. floxter is in no way responsible for these sites. We do not provide any personally identifiable customer information to these advertisers or third-party websites. (Click here, to find examples and more information how to contact these companies, if you were interested in further details of the collection of data by these companies or if you wanted to reject any collection of data) 

These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. Thereby they automatically receive your IP address. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize the advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Notice. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection. 

Notice and Revisions 

If you have any questions about privacy at FLOXTER, please contact us – via email to customercare@floxter.com and we will try to resolve your concerns.

Our business changes constantly, and our Privacy Notice and the Conditions of Use will change, also. We may email periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We assure that no substantial change of our privacy policies and practices lowering the level of data protection as to information collected in the past will be made without the consent of the affected customers.