Hamburg Local Court
Managing Director: Florian Giday
20146 Hamburg, Germany
Tel +49 541 96328979
Liability for contents
As a service provider, we are responsible for our own content on these pages in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of such infringements, we will remove this content immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
(1) The following contractual terms and conditions ("GTC") of amz.tools GmbH (hereinafter also referred to as: "amz.tools", "we") with its contractual partners (hereinafter referred to as: "Customer", "Customer") shall apply exclusively to all business relationships between amz.tools and its Customers. These GTC also and in particular define how a contract comes into existence and apply to all services provided by amz.tools within the framework of the contractual relationship with its customers.
(2) Terms and conditions of customers or third parties shall not apply. Therefore, not only terms and conditions that contradict these GTC but also those that supplement them are excluded. Contradictory and/or supplementary terms and conditions shall only apply if they have been expressly agreed to by amz.tools.
(3) For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into the contract for a GTC that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB) and an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
(4) The services of amz.tools are directed exclusively to entrepreneurs in the sense of § 14 BGB.
(5) Contracts with the Customer shall be concluded in German or English. In each case, the language used in the initiation and conclusion of the contract shall be decisive. If the customer's order is placed via our German-language website or in German by other means, the German version of these General Terms and Conditions shall apply accordingly. If the order is placed via our English-language website or in English in any other way, only the English version of these General Terms and Conditions shall apply.
(6) These GTC shall apply mutatis mutandis to special contractual provisions for certain applications or functions of applications of amz.tools. However, those special contractual provisions shall have priority over these GTC.
(7) Insofar as the following provisions are not conclusive in terms of content, the statutory provisions of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. conclusion of contract
(1) The presentation of the application on the websites of amz.tools or in other media is not a binding offer by amz.tools. Rather, the Customer is thereby given the opportunity to submit a binding offer for the conclusion of a contract of use for the respective application.
(2) The customer submits an offer by sending the order by activating the button "order subject to payment" after going through the online ordering process on the websites of amz.tools. After sending the order, the Customer shall receive an order confirmation by e-mail to the e-mail address provided by the Customer. This order confirmation is the acceptance of the offer by amz.tools.
(3) In this case, the contract of use consists of the order confirmation corresponding to the customer's order and these General Terms and Conditions.
3. mandatory information for consumers
(1)The services of amz.tools are directed only to entrepreneurs. The following shall nevertheless apply to consumers:
(2) amz.tools grants customers who are consumers a right of revocation in accordance with the following revocation policy.
(3)A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
a) Cancellation policy
(1) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (amz.tools GmbH, Schröderstiftstraße 30, 20146 Hamburg, e-mail: email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the cancellation policy
(3) Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
b) OS platform
As an online company, we are obliged to inform you as a consumer about the online dispute resolution platform (OS platform) of the European Commission. This OS platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, we do not participate in a dispute resolution procedure before a consumer arbitration board.
4. subject matter of the contract
(1) amz.tools grants the Customer access to use a web-based software for planning, controlling, evaluating and analyzing data from and in connection with the sale of goods in the Amazon Marketplace for the purpose of selling goods via the Amazon Marketplace (hereinafter "the Application" as well as "the Applications") within the scope of a Software as a Service performance for the duration of the contract term and shall ensure its trouble-free operation in accordance with these GTC. The further specifications of the application result from the contents on the websites of amz.tools and the respective price lists published there.
(2) The services of amz.tools can be accessed by means of a password-protected user account on an Internet platform provided by amz.tools.
(3) The subject matter of the contract shall in each case only be those functions which were described on the websites of amz.tools as belonging to this application or this part of the application when the contract was concluded (pursuant to § 2) for the respective application or part of an application booked. Functions of the application that are made available to the customer free of charge by amz.tools after the conclusion of the contract shall be provided on a non-contractual and voluntary basis. There is no entitlement to the provision of such services during the term of the contract.
(4) amz.tools endeavors to continuously adapt the application to current requirements. amz.tools therefore reserves the right to make changes to adapt the system to the state of the art, changes to optimize the system, in particular to improve user-friendliness, as well as changes to content, provided that the latter are necessary to correct errors, to update and complete the system, for program-related optimization or for licensing reasons.
(5) The functions of the applications are dependent on data provided by Amazon.com Inc. The customer is aware of this. If this data can no longer be accessed or may no longer be accessed, both contracting parties shall in particular have the right to terminate the usage agreement without notice.
(6) amz.tools shall inform its customers in advance of any significant enhancements and adaptations of the application that significantly affect the intended use with a notice period of at least two weeks. Within this period, the Customer shall have the right to terminate the contract with realization of the extension or adaptation.
5. access to the application / account blocking
(1) A user agreement within the meaning of § 2 entitles only one user to access the application. The use of an account with multiple users is not permitted.
(2) The customer's access to the applications to which it subscribes shall be password-protected using the access data assigned to the customer. The customer is obligated to keep the access data and passwords secret and to prevent unauthorized use by third parties.
(3) The usability of the application's functions as well as the required control of compliance with the permitted usage limits require that the customer's end devices accept the cookies transmitted by the amz.tools system and that these cookies are not modified and, if possible, not deleted within the session. The Customer undertakes to ensure compliance with the above requirements (in particular by means of appropriate settings in his browser). If the Customer fails to comply with this obligation for reasons for which the Customer is responsible, amz.tools shall not be liable for any resulting functional limitations. If due to the breach of duty the control of compliance with the usage limits is impaired, amz.tools may request the customer to remedy the situation by setting a reasonable deadline and, if the deadline expires without results, block the customer's access until the remedy is provided. Furthermore, amz.tools may terminate the usage agreement after the fruitless expiration of another reasonable period of time.
(4) amz.tools reserves the right to deny access to the applications if there are indications that the functionality or security of applications is impaired by the technologies used by the customer or if the possibilities of amz.tools are limited to verify the customer's access authorization as well as the permissibility of the type and scope of use and to prevent performance fraud. In particular, access may be denied if the IP address from which the access is made is listed on a publicly accessible blacklist or if the customer uses browser software that enables extensive anonymization of the user and unidentification of the usage behavior.
(5) amz.tools is entitled to block an account if there are indications that the customer has passed on access data to third parties that are not covered by the respective contractual relationship.
(6) amz.tools shall contact the customer prior to blocking and inform him of the facts and an intended blocking and give him the opportunity to remedy the situation within a reasonable period of time; this shall not apply in case of imminent danger.
(7) The customer shall notify amz.tools immediately upon becoming aware of any misuse of access data or passwords or of access via IP check. In the event of misuse, amz.tools shall be entitled to block access to the database until the circumstances have been clarified and the misuse has been stopped. The customer shall be liable for any misuse for which he is responsible.
6. technical availability of the application and planned unavailability
(1) amz.tools strives for an average availability of the application of 98% per calendar year. The availability of the application at the transfer point of the database system to the Internet shall be decisive. The availability is calculated according to the following formula:
Availability = (total time - total downtime) / total time * 100 %.
(2) The following periods shall be disregarded when calculating the total time off:
a) periods of unavailability due to internet disruptions beyond the control of amz.tools or due to other circumstances beyond the control of amz.tools, in particular an epidemic or pandemic (such as Covid-19) or force majeure;
b) periods of unavailability due to planned maintenance work on the application, if this is announced at least 3 days in advance, unless the unavailability is only of minor duration of less than 60 minutes. Planned maintenance work is usually carried out at times of expected low utilization.
c) times due to mandatory unscheduled maintenance work required to eliminate malfunctions; the customer will be informed of this by a notice on the website if possible.
d) periods of unavailability due to the fact that the necessary technical requirements to be created by the customer for access to the application are temporarily or permanently unavailable, for example in the event of malfunctions of the customer's hardware.
7. warranty and technical and factual limitation
(1) In the event of malfunctions that significantly affect the functionality of the application, amz.tools shall restore operational readiness within a reasonable period of time for troubleshooting and error correction. For this purpose, the Customer shall immediately report malfunctions in text form in a comprehensible and detailed form, stating all information relevant for the identification and analysis of defects. In particular, the work steps that led to the occurrence of the defect, the manifestation and the effects of the defect shall be stated.
(2) Insofar as it is expedient for troubleshooting, the Customer shall provide amz.tools with reasonable support. Furthermore, amz.tools shall be granted a reasonable period of time for recovery of at least one week.
(3) The applications of amz.tools are used for data preparation and data evaluation for the purpose of developing suggestions for improving the success of customers as sellers of goods via Amazon Marketplace. The data collection and data evaluation and data preparation is carried out fully automatically on the basis of program workflows. These workflows can only take into account the data that is available and not all the data that is not available. However, these can be of considerable importance for the development of meaningful business decisions. Because of this and because of the application's other limitations, the application's suggestions are not suitable for the sole basis of a business decision, but can only supplement it. Therefore, the results of the application's data analyses cannot substitute for a required critical commercial review of the suggestions and the commercial decision alternatives. For example, the application cannot distinguish ambiguous product terms or other unambiguous terms in every case. This can sometimes produce results that contradict the laws of logic and commercial reasonableness. This is inherent in the application and cannot be avoided in every case. Likewise, the application cannot take into account legal obstacles, in particular customs and other import law regulations, trademark law and other property rights, as well as competition law or tax law regulations and similar, when evaluating data.
(4) The recommendations and forecasts automatically generated by the application are based on the evaluation of past data within the limits inherent to the application described in paragraph 2. They can therefore never guarantee with certainty the actual occurrence of a forecast and the success of a proposal.
(5) amz.tools assumes no liability that the customer will achieve the business result desired by him in each case by using the application.
(6) Warranty claims shall become statute-barred within one year. This shall not apply if longer periods are prescribed by law or if amz.tools or its legal representatives or vicarious agents are guilty of intent or gross negligence or if the claim for damages is based on injury to life, body or health.
8. contract duration and ordinary termination
(1) Insofar as amz.tools offers remuneration-free trial use, the Customer may use the respective applications free of charge for the agreed duration. The royalty-free trial use may only take place once per application or individual function. In all other respects, these GTC shall apply accordingly.
(2) The contractual relationship is unlimited.
(3) If a fixed contract term has been agreed, the contract shall end automatically upon expiry of the term without the need for termination. We notify our customers of the end of the contract before it expires so that an extension can be ordered. An automatic contract extension does not take place.
(4) In all other respects, the contracts of use may be terminated at the end of a contractual month by giving one working day's notice prior to the end of the contractual month. The contractual relationship shall be extended by a further month in each case if it is not terminated within the period provided for in sentence 1.
(5) Cancellations must be made at least in text form or by clicking on the button provided for this purpose in the user account.
9. obligations of the customers
(1)The Customer is responsible for ensuring that the technical requirements for access to the application are created and maintained in his area, in particular with regard to the hardware and operating system software used, the connection to the Internet and the current browser software. amz.tools shall indicate on the website which browsers are currently supported.
(2)In the event of further development of the applications of amz.tools, it shall be the Customer's responsibility, after being informed by amz.tools, to carry out the necessary adaptation measures in the IT infrastructure used by the Customer.
(3) The proper usability of the application may require that the time and time zone of the end devices used by the customer are current and correctly set. It is the customer's responsibility to make the corresponding settings correctly. amz.tools shall not be liable for disruptions caused by the lack of correct date and time zone settings or for any other disruptions caused by the lack of technical requirements in the customer's IT infrastructure.
(4)The customer is obligated to take the necessary precautions to secure its systems, in particular to use the current security settings of the browser and to use up-to-date protective mechanisms to ward off malware.
(5)The Customer warrants that the information provided by it when ordering and creating an account is correct and complete. The customer shall notify amz.tools without delay of any changes to his contact details or other data required for the performance of the contract.
(6)The Customer shall immediately notify amz.tools of any functional impairment that affects the use of the application and shall provide at least the information specified in § 7 para. 1 in the form specified therein.
(7)The applications of amz.tools do not guarantee permanent data storage. The Customer is therefore responsible for regularly storing its own backup copies of the collected data and the data transmitted to amz.tools via the application on its own storage media that are independent of the servers of amz.tools.
(8)The Customer is obligated to keep the access data and passwords to the application secret from third parties and to prevent unauthorized use by third parties.
The customer may only set off undisputed and/or legally established claims against claims of amz.tools.
11. extraordinary termination
(1) This Agreement may be terminated by either party for cause in accordance with the statutory provisions without notice.
(2) amz.tools shall be entitled to extraordinary termination in particular in the event of the following circumstances:
(4) Extraordinary notices of termination must be at least in text form.
12. contract execution
(1 )The customer himself is responsible for regularly backing up his data brought onto the application and the data collected by the application on servers not provided by amz.tools.
(2) After termination of the contract, amz.tools shall not be obligated to further secure the customer's data and may delete such data without prior notice when the termination of the contract becomes effective.
13. limitation of liability
(1) amz.tools shall be liable without limitation for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of amz.tools or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or warranted characteristic given by amz.tools or due to fraudulently concealed defects.
(2) amz.tools shall be liable, limited to compensation for the foreseeable damage typical for this type of contract, for such damage that is based on a slightly negligent breach of material contractual obligations by amz.tools or one of its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on.
(3) amz.tools' liability for other cases of slight negligence shall be limited to EUR 5,000.00 per claim.
(4) The strict liability of amz.tools for defects already existing at the time of conclusion of the contract pursuant to § 536a para. 1 subpara. 1 BGB is excluded.
(5) Liability in accordance with the Product Liability Act shall remain unaffected.
14. rights of use
(1) In accordance with the usage agreement, the customer shall receive the simple, non-exclusive, non-transferable right, limited to the duration of the usage agreement, to use the application for the contractually foreseen purpose of use, subject to payment of the remuneration owed and due in each case.
(2) The Customer is expressly prohibited from disclosing, sending or publishing the data contained and evaluated or processed in the Application to third parties, unless the Application provides for such a function as intended or expressly consents thereto.
The customer acknowledges and takes into account that the design of the amz.tools website and the computer programs underlying the application are protected by copyright.
16. remuneration and settlement
(1) Unless otherwise expressly agreed in writing, the use of amz.tools applications is subject to a fee. Unless otherwise agreed, the costs shall be based on the price list available on the websites of amz.tools or the prices stated therein for the respective applications and modules.
(2) Unless otherwise agreed, the services of amz.tools shall be remunerated by monthly lump-sum payments per application or part of an application and per registered user.
(3) All prices stated on the websites are exclusive of the statutory value-added tax, which shall be added in each case if the statutory provisions provide for the levying of value-added tax.
(4) Remuneration shall be due in advance of each billing period and upon invoicing. A billing period shall be one contractual month.
(5) Payment shall be made in a non-cash manner by bank transfer or one of the payment methods indicated on the websites of amz.tools.
(6) Invoices shall be issued in electronic form. Invoices shall be sent by e-mail. In addition, amz.tools may grant the customer the option to retrieve invoice documents in electronic form in his account.
(7) amz.tools reserves the right to change the prices for the services to be provided for the future with effect from the beginning of an extension of the respective contract period. The Customer shall be notified of the changed prices in text form at least four weeks before the next renewal period and before the price change. In the event of a price increase, the customer shall have the right to object to the price increase and to terminate the contract with two weeks' notice to the end of the respective contract term. If the customer does not object to the price increase, it shall be deemed approved upon expiration of the four-week objection period. amz.tools shall inform the customer of this legal consequence in each case. The cancellation period shall not commence without such notification.
17. processing of personal data
(2) The customer is therefore the responsible party and amz.tools is the processor pursuant to Art. 28 of the EU General Data Protection Regulation (GDPR).
(3) amz.tools will conclude an order data processing agreement with the customer within the meaning of Art. 28 DSGVO, which is available for download here.
(4) Should the customer refuse to conclude a contract for commissioned data processing in accordance with the document linked in paragraph 3, amz.tools shall have the right to terminate the contract for cause.
18. confidentiality of business and trade secrets, etc.
(1) Both amz.tools itself and the Customer shall be obligated to maintain confidentiality with respect to business and trade secrets as well as other information designated as confidential (e.g. in documents, records, data files) that become known in connection with the performance of the contract and to neither use nor disclose such information beyond the purpose of the contract without the respective written consent of the other contracting party. In particular, amz.tools guarantees the confidentiality of operational data and key figures that become known about the customer in connection with the use of the application.
(2) The respective receiving contractual partner shall be obliged to take appropriate confidentiality measures for business and trade secrets and for other confidential information. The contractual partners shall not be entitled to obtain business and trade secrets of the other contractual partner by observing, examining, dismantling or testing the subject matter of the contract. The same shall apply to other information or objects obtained during the performance of the contract.
(3) Confidential information within the meaning of this clause is:
(4) The obligation to maintain confidentiality shall not apply insofar as the disclosure of the confidential information to commissioned subcontractors is absolutely necessary for the performance of the subcontracted services. Furthermore, information shall be exempt from the obligation under paragraphs 2 and 3 if it is
(5) Insofar as a contractual partner is entitled to pass on confidential information to third parties, it shall ensure that this confidentiality provision continues to apply.
(6) Confidential information may only be disclosed to persons who are not involved in the conclusion, implementation or execution of the contract with the written consent of the other contracting party.
(7) Unless otherwise agreed, this obligation shall apply for an unlimited period of time.
(8) The contractual partners shall also impose these obligations on their employees.
19. amendment of the GTC
(1) amz.tools shall be entitled to amend these GTC insofar as this is done and necessary in order to adapt to changes in legal provisions, changes in case law, adaptation to already existing case law and legal provisions or technical changes.
(2) Furthermore, amz.tools may amend these GTC if there is a not insignificant change in the economic practice in the business area to which these GTC relate and the change is not so substantial that it materially reshapes the contractual structure.
(3) amz.tools will inform about any changes by notifying the content of the changed regulations.
(4) The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within four weeks after receipt of the notification of amendment. If the customer objects, the General Terms and Conditions of Sale originally included shall continue to apply to him. amz.tools shall inform the customer of the possibility to object in each case. The commencement of the period pursuant to this paragraph shall require such information by amz.tools.
20 Jurisdiction and Applicable Law
(1) The contractual relationship between amz.tools and its customers shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) Place of performance is Hamburg, Germany.
(3) The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts shall also be Hamburg, Germany.
We, amz.tools GmbH, Schröderstiftstraße 30, 20146 Hamburg, Germany are the operator of the website www.amz.tools as well as the provider of the software applications and a browser extension offered on the website and the other services offered via the website.
We are pleased about your interest in our offers. We take the protection of the personal data of our customers and the confidentiality of your business secrets seriously and inform you below about our handling of personal data when using our offers and visiting our websites as well as about your rights in this context.
1. person responsible for data collection
1.1 The responsible party within the meaning of Art. 4 No. 7 DSGVO for the collection of data is the
Tel: +49 541 96328979
HRB Number: 162385
1.2 We are therefore responsible as data protection officers for ensuring that the collection, processing and use of personal data complies with all data protection regulations, in particular the General Data Protection Regulation ("GDPR").
1.3 We are also providers in the sense of the German Telemedia Act (TMG) when you visit our website and/or use our other services.
2. supervisory authority
If you are of the opinion that the processing of your personal data by us is not lawful, you can also contact any data protection supervisory authority with your complaint. The supervisory authority responsible for us according to Art. 55 DS-GVO is
The Hamburg Commissioner for Data Protection and Freedom of Information of the Free and Hanseatic City of Hamburg
- public corporation -
Prof. Dr. Johannes Caspar
Ludwig-Erhard-Str 22, 7th floor
Tel.: 040 / 428 54 - 4040
Fax: 040 / 428 54 - 4000
3. Your rights and data security
You have the following rights with regard to the data processing operations for which we are responsible:
3 a. Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke your consent at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
3 b. Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)
If the data processing is based on Art. 6 para. 1 lit. e or lit. f DS-GVO, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation;
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 para. 2 DS-GVO).
3 c. Right of appeal to the competent supervisory authority
If you, as a data subject, believe that personal data is being processed in breach of the GDPR, you have the right to lodge a complaint with a supervisory authority at any time, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement. The right of complaint is without prejudice to other administrative or judicial remedies. The complaint does not have to be submitted to the supervisory authority responsible for us; however, it can be.
3 d. Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party designated by you in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.
3 e. Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint or the address given in this statement.
3 f. Right to restriction of processing
The right to restrict processing exists in the following cases:
If you have restricted the processing of your personal data, this data - apart from your storage - may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.
3 g. no profiling
Any person concerned by the processing of personal data, including and in particular our customers and those interested in our services, has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) has the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and to contest the decision.
If you wish to exercise any rights concerning automated decisions, you may at any time contact any employee of the controller.
3 h. SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as registrations, contract conclusions or inquiries that you send to us. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and/or by the lock symbol in your browser line.
If SSL or TLS encryption is enabled, the data you send to us cannot be read by third parties.
3 i. Encrypted payment transactions on this website
If, after the conclusion of a contract with costs, there is an obligation to provide us with your payment data (e.g. account number in the case of direct debit authorization), this data will be required for payment processing.
Payment transactions via the common means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
With encrypted communication, your payment data that you transmit to us cannot be read by third parties.
4. collection and processing during the visit of our websites
4 a. Data collected automatically when visiting the website
you can visit the websites at https://amz.tools without having to actively disclose any information about your identity.
However, your browser automatically sends some information to the server of our website when you visit our pages. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automatic deletion:
The collection and processing of this data is done for the purpose of enabling the use of our website (connection establishment), to ensure system security and stability, and for the technical administration of the network infrastructure. We do not draw any conclusions about you as a person from this.
We store IP addresses in server log files for a period of up to one month. The storage is done for reasons of data security, to ensure the stability and operational security of our website. The legal basis for this is Art. 6 para. 1 lit. c DS-GVO.
4 b. Disclosure of data
As a matter of principle, we do not pass on your data to third parties unless you have consented to this. However, for the hosting and maintenance of our website and the dispatch of our newsletter as well as for the administration of our customer support, we rely on the use of service providers who may receive certain personal data in the performance of our tasks for you. We have concluded a commissioned processing agreement with each of these providers in accordance with Art. 28 DS-GVO.
(1) External hoster (Hetzner)
This website is hosted by an external service provider, Hetzner Online GmbH, Industriestr. 25 91710 Gunzenhausen (hoster). The personal data collected on this website is stored on the hoster's servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated via a website.
The hoster is used for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 para. 1 lit. b DS-GVO) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f DS-GVO).
Our hoster will process your data only to the extent necessary to fulfill its service obligations and will follow our instructions with respect to such data.
To ensure data protection-compliant processing, we have concluded an order processing contract with our hoster.
(2) Customer chat service (intercom)
In addition, we use Intercom as part of our customer support services. This is a service of Intercom Inc. 55 2nd Street, 4th Fl., San Francisco, CA 94105, USA ("Intercom") to provide contact options for our customers, in particular through a customer support chat, for quick answers to questions and problems in connection with the use of our offer. In doing so, the data you enter in the respective contact form or chat window may be transmitted to servers of Intercom, possibly also outside the EU such as the USA. Intercom has concluded an order data processing agreement with us in accordance with Art. 28 DS-GVO.
Intercom is certified under the EU-US Privacy Shield based on an adequacy decision of the EU Commission. The transfer of data to Intercom is based on Art. 45 and 28 DS-GVO.
So-called session cookies are required in particular in the context of registration, as we use a so-called single sign-on concept for reasons of user-friendliness during authentication and for access control to the various areas of our portal.
This involves setting up a "session" between the client and server, which allows you to move around the entire portal without having to log in again for each area. This session is represented by a cookie in which a randomly generated number is stored.
Furthermore, the login information assigned to you (user name, user rights and the validity of the session) is stored in another cookie for access control.
you can think of this as substitute credentials. Instead of prompting you to re-enter your credentials if necessary, the cookie is sent to the server and accepted as proof of identity.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created.
Please note, however, that completely disabling cookies may prevent you from using all the features of our website.
4 d. Contact form
If you send us inquiries via a contact form published on our site, your data from the inquiry form including the contact data you provided there will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. If you contact us via a chat window, the contents of the entries are transmitted to Intervom. Inc. You can find more details about this above under 4 b. (2) under Customer Chat Service (Intercom). We have marked the contact forms and chat windows provided by Intercom as such with the note "We use Intercom." in the respective window.
The processing of this data is based on Art. 6 (1) lit. b DS-GVO, if your request is related to the performance of a contract (for example, questions about the applications we offer) or is necessary for the implementation of pre-contractual measures (for example, inquiries from interested parties). In all other cases, the processing is based on our legitimate interest in the effective processing of the requests sent to us (Art. 6 (1) f DS-GVO) and on your consent (Art. 6 (1) a DS-GVO) if this was requested.
The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after processing your request has been completed). Mandatory legal retention periods remain unaffected. If you contact us via a customer chat function of Intercom Inc. the same applies as described under 4 b. (2) applies.
4e. Web analysis
More information about the individual web analytics services and further deactivation options are available below.
We use Google Analytics. This is a web analytics service provided by Google Inc. The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. IP addresses are anonymized so that an assignment to you is not possible (IP masking). The information is used to evaluate the use of our website, to compile reports on website activity for us and to provide us with other services related to the use of websites and the Internet. The data you entered while using our service will not be merged with data collected by Google.
A transfer of information by Google to third parties only takes place if this is required by law or if third parties process this data on behalf of Google.
In addition, we also use Google Optimize. This is a web analytics service provided by Google Inc. that is integrated into Google Analytics. Google Optimize enables us to conduct A/B and multi-variant tests. This allows us to learn which version of our website users are more likely to like. You can find more information about this service here.
you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address), as well as the processing of this data by Google, by downloading and installing a browser add-on here.
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on this link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
You can find more information on data protection in connection with Google Analytics in the Google Analytics Help.
We also use Google Cloud Vision API. The OCR (Optical Character Recognition) tool is used for optical character recognition and makes it possible to automatically recognize and analyze letters and categorize documents. More information about this service can be found here. Character recognition developed based on Cloud Vision API is required to use our service. If you do not want Cloud Vision API to be used, you have the option to create issues without uploading documents. In this case, however, you will not be able to use our services fully.
For more information about Google's privacy practices, please visit https://www.google.com/policies/privacy/.
4f. Monitoring system stability with Sentry
We use the service Sentry. Sentry is an application from Functional Software Inc, 132 Hawthorne Street, San Francisco, California 94107, designed to improve the technical stability of our applications and websites by monitoring system stability and identifying code errors. Sentry collects anonymous data about the device used, the time of the error, and the steps that led to the occurrence of an error.
This transfer is permitted under Article 45 of the GDPR because Functional Software Inc. Privacy Shield, which provides the Sentry service, is certified under the EU-US Privacy Shield based on an adequacy decision of the EU Commission. The transfer of data to Intercom is based on Art. 45 and 28 DS-GVO. The certification can be viewed at https://www.privacyshield.gov/participant?id=a2zt0000000TNDzAAO.
The legal basis for the use of Sentry is a legitimate interest according to Art. 6 para. 1 p. 1 f) DSGVO.
Our legitimate interest lies in the user-friendly design of our offers. We have concluded a data processing agreement with Sentry in accordance with Art. 28 DS-GVO.
4 g. Use and application of Facebook
We have integrated components of the company Facebook on this website. Facebook is also a social network, i.e. a social meeting place operated on the Internet, an online community that generally enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook allows users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller of personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
By each call of one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. Within the scope of this technical procedure, Facebook receives knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the same time as calling up our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.
The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
5. data collection for inquiries by e-mail, telephone
If you contact us by e-mail, phone or fax, your request including all resulting personal data (name, request) will be stored and processed for the purpose of processing your request. We will not pass on this data without your consent.
The processing of this data is based on Art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 para. 1 lit. a DS-GVO) and/or on our legitimate interests (Art. 6 para. 1 lit. f DS-GVO), as we have a legitimate interest in the effective processing of requests addressed to us.
The data you send us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular legal retention periods - remain unaffected.
6. when registering for our online services (applications)
On our website we offer services to support sellers of goods on Amazon Marketplace.
To use these services, you must first register with us. In the course of registration you must provide your contact information (name, address, e-mail address, telephone number,) or the contact information of the company that you are registering to use the services.
We need this data to have knowledge,
Social media login and registration
For registration and login to the customer account, you also have the option to authenticate with your existing profile on Facebook or Google and finally register or log in.
For this purpose, you will find the corresponding icons of the respective providers of the social networks supported by our website on the registration page or login page. Before a connection to the provider is established, you must expressly agree to the process and data transfer described below:
by clicking on the respective icon, a new window will open where you have to log in with your login data for the social network. After you have successfully logged in, the social network will tell you which data (name and e-mail address) will be transmitted to us for authentication as part of the registration or login process. If you have agreed to this data transmission, the fields required by us for registration will be filled with the transmitted data. The minimum data required by us for registration or login are your name and e-mail address.
Only after your express consent to the use of the transmitted and required data will your data be stored by us and used for the purposes listed above under point 2. A link between the customer account created with us and your account with the corresponding social network beyond the authentication process does not take place.
We offer you the opportunity to register and log in with your Facebook account. This is done exclusively with your express consent pursuant to Art. 6 para. 1 p. 1 lit. a. DSGVO.
This is a service of Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework
So as far as a so-called "Facebook Connect Button" is placed on this website, you have the possibility to log in to our website with your Facebook user data. In addition, information about your activities on our website can automatically flow into your Facebook profile via Facebook Connect. In this respect, when you activate the button, you are given both the opportunity to explicitly consent to access your Facebook user data and to consent to the publication of information and activities in your Facebook profile.
b) Google Sign-In
We offer you the possibility to register and log in with Google Sign-In. This is done exclusively with your express consent pursuant to Art. 6 para. 1 p. 1 lit. a. DSGVO.
Google Sign-In is a service of Google Ireland Limited ("Google"), Gordon House, Barrow Street, dublin 4, Ireland. Google has submitted to the EU-US Privacy Shield. https://policies.google.com/privacy/frameworks?hl=en-US
To log in or register, you will be redirected to the Google page, where you can log in with your usage data. This will link your Google profile or your Google email address and our service. Through the link, we automatically receive the following data from Google Ireland Limited:
7. access to your Amazon Sellers account
The applications and services we offer are based on the collection, analysis and processing of data from your Amazon seller account, which is forwarded to our servers via a digital interface (API).
Therefore, we need access to your Amazon account to provide our services. We therefore collect your access data to your seller account at Amazon.com Inc. when you register to use our applications. From your Amazon account, we collect your SellerID, the order ID and data on the sales made via this account (time of orders and sales, total sales and sales per item, number of orders) in order to provide our services. Furthermore, we collect the data of the offered and sold products, such as the item number, the description, the price and information about your advertising activities on Amazon.
We do not collect any data to identify your customers. However, since these could potentially be collected, we also secure you by concluding a commissioned data processing agreement in accordance with Art. 28 DS-GVO, in which this data is also included.
We also contractually assure you in our terms and conditions confidentiality with respect to such data.
The collection of this data takes place for the fulfillment of the contract on the basis of Art. 6 para. 1 p.1 lit. b) DS-GVO.
8. payment processing
On our site you have the possibility to choose between different payment methods.
a) Credit card and direct debit
If you pay by credit card, we collect the following data
If we offer the possibility of payment by PayPal, the following applies:
PayPal enables online payments to be made to third parties. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg. If you choose PayPal as a payment method, your data required for the payment process will be automatically transmitted to PayPal. This is regularly the following data:
The legal basis for the data processing is Art. 6 (1) b) DSGVO, as the processing of the data is necessary for the payment with PayPal and thus for the execution of the contract.
9. emails and registration for our newsletter
If you have consented, we will use your email address to send you our newsletter and information and notices about our services on a regular basis. To receive the newsletter, we will first obtain your consent to such communication. This is done within the framework of a double opt-in procedure. After registration, you will receive an e-mail with a link in which you can confirm your registration for our newsletter services. Only after this confirmation, the registration is effective.
you may revoke your consent at any time, either within your user account, by unsubscribing from the newsletter, or by sending us an email stating that you no longer wish to receive such communications from us.
Unsubscribing is also possible at any time, e.g. via a link at the end of each newsletter or info mail. Alternatively, you can also send your unsubscribe request at any time by e-mail to firstname.lastname@example.org.
The legal basis for the collection of data for the purpose of sending newsletters and info mails is your consent pursuant to Art. 6 (1) p. 1 lit. a) DS-GVO.
Using the Sendinblue service
We use the Sendinblue service to send our newsletters and informational emails. Sendinblue is a service provided by Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin, Germany, for sending and managing the sending of e-mails and in particular newsletters ("Sendinblue"). For this purpose, the e-mail addresses and the content of our e-mails are determined to Mailgun. In this context, Mailgun may also receive data about the date and time messages were read by the user, as well as about when the user interacts with incoming messages (for example, by clicking on links contained therein).
The legal basis for the collection of data for the purpose of sending newsletters and info mails is your consent pursuant to Art. 6 para. 1 p. 1 lit. a) DSGVO.
The transfer of data to Sendinblue is based on Art. 45 and 28 DSGVO.
We have also concluded an order data processing agreement with Sendinblue pursuant to Art. 28 DS-GVO.
10. use of the translation service Deepl
For automated text translation, we use the Deepl Translator Pro service of DeepL GmbH Maarweg 165, 50825 Cologne ("Deepl"). You can find more information about data protection under the following link: https://www.deepl.com/en/privacy.html.
In this context, the content of e-mails and texts that we send to our customers and that we receive from customers in foreign languages may be translated using this service. In the process, the data contained in the message in each case is collected.
The legal basis for the use of Deepl is a legitimate interest according to Art. 6 para. 1 p. 1 f) DSGVO.
The transfer of data to Deepl is based on Art. 28 DSGVO.
We have also concluded a commissioned data processing agreement with Deepl in accordance with Art. 28 DSGVO.
11. use of the Debitoor accounting program
12. use of the Webflow service
We host our website with Webflow. The provider is Webflow, Inc., 398 11th Street, 2nd Floor, San Francisco, CA 94103, USA (hereinafter: Webflow). When you visit our website, Webflow collects various log files including your IP addresses.
Webflow is a tool for creating and hosting websites. Webflow stores cookies or other recognition technologies that are necessary for the display of the page, to provide certain website functions and to ensure security (necessary cookies).
The use of Webflow is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in the most reliable presentation of our website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.
The legal basis for the collection of data for the purpose of accounting and invoicing is your consent pursuant to Art. 6 para. 1 p. 1 lit. f) DSGVO.
The transfer of data to Debitoor is based on Art. 28 DSGVO.
We have also concluded an order data processing agreement with Debitoor in accordance with Art. 28 DSGVO.