Introduction

We (“we,” “us,” “our”) take the protection of the data of users (“user” or “you”) of our website and/or our mobile app (the “website” or the “mobile app”) very seriously and are committed to protecting the information that users provide to us in connection with the use of our website and/or our mobile app (collectively: “digital assets”). Furthermore, we undertake to protect and use your data in accordance with applicable law.

This Privacy Policy explains our practices regarding the collection, use, and disclosure of your data through the use of our digital assets (the “services”) when you access the services via your devices.

Please read the Privacy Policy carefully and ensure that you fully understand our practices regarding your data before using our services. If you have read and fully understood this policy and do not agree with our approach, you must cease using our digital assets and services. By using our services, you acknowledge the terms of this Privacy Policy. Your continued use of the services constitutes your agreement to this Privacy Policy and any changes to it.

In this Privacy Policy, you will learn about:

• How we collect data

• What data we collect

• Why we collect this data

• To whom we disclose the data

• Where the data is stored

• How long the data is retained

• How we protect the data

• How we handle minors

• Updates or changes to the Privacy Policy

What data do we collect?

Below is an overview of the data we may collect:

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• Unidentified and non-identifiable information that you provide during the registration process or that is collected through the use of our services (“non-personal data”). Non-personal data does not allow any conclusions to be drawn as to who it was collected from. Non-personal data that we collect consists primarily of technical and aggregated usage information.

• Individually identifiable information, i.e., all information through which you can be identified or could be identified with reasonable effort (“personal data”). Personal data that we collect through our services may include information requested from time to time, such as names, email addresses, physical addresses, telephone numbers, IP addresses, and more. If we combine personal data with non-personal data, it will be treated as personal data for as long as it remains in combination.

How do we collect data?

The primary methods we use to collect data are listed below:

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• We collect data during the use of our services. When you visit our digital assets and use our services, we may collect, record, and store usage data, sessions, and related information.

• We collect data that you provide to us yourself—for example, when you contact us directly via a communication channel (e.g., an email with a comment or feedback).

• We may collect data from third-party sources, as described below.

• We collect data that you provide to us when you log in to our services via a third-party provider such as Facebook or Google

Why do we collect this data?

We may use your data for the following purposes:

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• To provide and operate our services;

• To develop, customize, and improve our services;

• To respond to your feedback, inquiries, and requests, and to offer assistance;

• To analyze request and usage patterns;

• For other internal, statistical, and research purposes;

• To improve our data security and fraud prevention capabilities;

• To investigate violations and enforce our terms and policies, and to comply with applicable laws, regulations, or governmental orders;

• To provide you with updates, news, promotional materials, and other information related to our services. In the case of promotional emails, you can decide whether you wish to continue receiving them. If not, simply click the unsubscribe link in these emails.

To whom do we pass on this data?

We may share your data with our service providers to operate our services (e.g., storage of data via third-party hosting services, providing technical support, etc.).

We may also disclose your data under the following circumstances: (i) to investigate, detect, prevent, or take action against illegal activities or other misconduct; (ii) to establish or exercise our rights of defense; (iii) to protect our rights, property, or personal safety, as well as the safety of our users or the public; (iv) in the event of a change of control at our company or one of our affiliates (by way of merger, acquisition, or purchase of [substantially] all assets, etc.); (v) to collect, hold, and/or manage your data via authorized third-party providers (e.g., cloud service providers), insofar as this is appropriate for business purposes; (vi) to work together with third-party providers to improve your user experience. For the avoidance of doubt, we would like to point out that we may transfer, share, or otherwise use non-personal data with third parties at our own discretion. ​ We may provide advertisements through our services and our digital assets (including websites and applications that use our services), which may also be tailored to you—for example, ads based on your recent browsing behavior on websites, devices, or browsers.

To provide these advertisements to you, we may use cookies and/or JavaScript and/or web beacons (including clear GIFs) and/or HTML5 Local Storage and/or other technologies. We may also use third parties, such as network advertisers (i.e., third parties that display advertisements based on your website visits), to serve targeted ads. External providers of advertising networks, advertisers, sponsors, and/or website traffic measurement services may also use cookies and/or JavaScript and/or web beacons (including clear GIFs) and/or Flash cookies and/or other technologies to measure the effectiveness of their ads and to customize advertising content for you. These third-party cookies and other technologies are subject to the specific privacy policy of the respective third-party provider and not to this one. ​ Cookies and similar technologies When you visit or access our services, we authorize third parties to use web beacons, cookies, pixel tags, scripts, and other technologies and analytical services (“tracking technologies”). These tracking technologies may enable third parties to automatically collect your data to improve the navigation experience on our digital assets, optimize their performance, and ensure a tailored user experience, as well as for security and fraud prevention purposes.

To learn more about this, please read our Cookie Policy.

Where do we store this data?

Non-personal data

Please note that our companies as well as our trusted partners and service providers are located all over the world. For the purposes explained in this Privacy Policy, we store and process all non-personal data that we collect in various jurisdictions. ​

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Personal data

Personal data may be maintained, processed, and stored in the United States, Ireland, South Korea, Taiwan, Israel and, to the extent necessary for the proper provision of our services and/or required by law (as further explained below), in other jurisdictions.

​How long will the data be retained?

Please note that we retain the collected data for as long as necessary to provide our services, comply with our legal and contractual obligations to you, resolve disputes, and enforce our agreements.

We may correct, supplement, or delete inaccurate or incomplete data at any time at our own discretion.

How do we protect the data?

The hosting service for our digital assets provides us with the online platform through which we can offer our services to you. Your data may be stored through our hosting provider’s data storage, databases, and general applications. It stores your data on secure servers behind a firewall and offers secure HTTPS access to most areas of its services. ​ All payment options offered by us and our hosting provider for our digital assets comply with the standards of the PCI-DSS (Payment Card Industry Data Security Standard) of the PCI Security Standards Council. This is a collaborative effort between brands such as Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card data (including physical, electronic, and procedural measures) by our store and service providers. ​ Regardless of the measures and efforts taken by us and our hosting provider, we cannot and will not guarantee absolute protection and security of the data you upload, publish, or otherwise share with us or others. For this reason, we ask you to set secure passwords and, where possible, avoid transmitting confidential information to us or others whose disclosure you believe could cause you significant or lasting harm. Since email and instant messaging are not considered secure forms of communication, we also ask that you do not share any confidential information through these channels.

How do we deal with minors?

The services are not intended for users who have not reached the legal age of majority. We will not knowingly collect data from children. If you are a minor, you should not download or use the services or provide any information to us.

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We reserve the right to request proof of age at any time to verify whether minors are using our services. In the event that we become aware that a minor is using our services, we may prohibit and block such users' access to our services and may delete all data stored by us regarding that user. If you have reason to believe that a minor has shared data with us, please contact us as explained below. ​

We use your personal data only for the purposes set out in the Privacy Policy and only when we are satisfied that:

• The use of your personal data is necessary to perform or enter into a contract (e.g., to provide you with the services themselves or customer care/technical support);

• The use of your personal data is necessary to comply with relevant legal or regulatory obligations, or

• The use of your personal data is necessary to support our legitimate business interests (provided that this is done at all times in a manner that is proportionate and respects your privacy rights). ​ As an EU resident, you may:

• Request confirmation as to whether or not personal data concerning you is being processed, and request access to your stored personal data as well as certain supplementary information;

• Request to receive personal data you have provided to us in a structured, commonly used, and machine-readable format;

• Request the rectification of your personal data stored by us;

• Request the erasure of your personal data;

• Object to the processing of your personal data by us;

• Request the restriction of processing of your personal data; or

• Lodge a complaint with a supervisory authority.

Please note, however, that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements. If you have general questions about the personal data we collect and how we use it, please contact us as specified below.

In the course of providing the services, we may transfer data across borders to affiliated companies or other third parties and from your country/jurisdiction to other countries/jurisdictions worldwide. By using the services, you consent to the transfer of your data outside the EEA.

If you are a resident of the EEA, your personal data will only be transferred to locations outside the EEA if we are satisfied that an adequate or comparable level of protection for personal data exists. We will take appropriate steps to ensure that we have adequate contractual arrangements with our third parties to ensure that appropriate safeguards are in place so that the risk of unlawful use, alteration, deletion, loss, or theft of your personal data is minimized and that these third parties act at all times in accordance with applicable laws. ​

If you use the services as a California resident, you may be entitled under the California Consumer Privacy Act (“CCPA”) to request access to and deletion of your data.

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To exercise your right to access and delete your data, please see below for how to contact us. ​

We do not sell users' personal data for the intents and purposes of the CCPA.

Update or change to the privacy policy

We may revise this Privacy Policy from time to time at our sole discretion; the version published on the website is always the current version (see the “Last Updated” date). We encourage you to review this Privacy Policy regularly for any changes. In the event of material changes, we will post a notice on our website. Your continued use of the services following the notification of changes on our website constitutes your acknowledgment and acceptance of the amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

Contact

If you have general questions about the services or the data we collect about you and how it is used, please contact us at:

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Name: klarklub e.U.

Address: Bienerstraße 78, 6240 Rattenberg, Tyrol, Austria

Email address: team@klarklub.com

Exclusion clause

The information contained herein does not constitute legal advice, and you should not rely on it solely. Specific requirements regarding legal terms and policies may vary from state to state and/or from one jurisdiction to another. As set out in our Terms of Use, you are responsible for ensuring that your services are permissible under and comply with the laws applicable to you.

To ensure that you fully comply with your legal obligations, we strongly recommend seeking professional advice to better understand the specific requirements that apply to you.