Regulations

Terms of use

These terms and conditions outline the rules and regulations for the use of Clever Berries 's Website, located at www.cleverberries.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use www.cleverberries.com if you do not agree to take all of the terms and conditions stated on this page.

If you are using the Services on behalf of a business,m that business also accepts these Terms of Use.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of CH. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Content and Activity Regulations

Clever Berries may only be used for legitimate reasons. All content that you submit on our platform is your responsibility. You should respect other people’s intellectual property rights and upload reviews, questions, posts, courses, and other content that complies with our Trust & Safety Guidelines and the law. If you commit serious or frequent crimes, we may ban your account. Please inform us if you believe your copyright is being violated on our platform. For illegal purposes, you are not permitted to access, use, or register for the Services. The applicable local or national laws or regulations of your country must be followed when using the Services and behaving in a certain way on our platform. The knowledge and observance of any laws and regulations that apply to you are exclusively your responsibility.

If you’re a student, the Services give you the ability to write reviews of content as well as ask questions of the instructors of courses or other courses you’re enrolled in. The instructor may ask you to submit material as “homework” or an exam for a particular topic. Nothing you upload or contribute should be a work of your own. In addition to communicating with the students who have registered for your courses or other content, instructors can submit content for publishing on the platform. In all situations, you are required to follow the law and respect the rights of others. You are not permitted to submit any courses, questions, answers, reviews, or other information that contravenes your country’s local, state, or federal laws or regulations. Any courses, content, and activities you publish or take using the platform and Services, as well as any results, are solely your responsibility. Before you submit any content for publication on Clever Berries, be certain that you are aware of all the copyright restrictions outlined in the Instructor Terms.

We reserve the right to remove your course or content if we become aware that it violates the law or the rights of others (for instance, if it is determined that it infringes on another’s intellectual property or image rights, or that it discusses illegal activity), if we learn that it goes against our Trust & Safety Guidelines, or if we find that it is illegal, inappropriate, or objectionable (for instance, if it impersonates another person). Clever Berries abides by copyright regulations. For additional information, see our intellectual property policy.

Enforcement of these Terms is at the sole discretion of Clever Berries. For any reason, including any violation of these Terms, failure to pay any fees when due, fraudulent chargeback requests, at the request of law enforcement or government agencies, prolonged periods of inactivity, unexpected technical issues or problems, or if we suspect that you are engaging in fraudulent or illegal activity, we may restrict or terminate your use of our platform and Services or ban your account, with or without prior notice. Upon any such termination, we reserve the right to delete your content and account, as well as to bar you from using our Services or accessing the platforms in the future. Even if your account is closed or temporarily disabled, your material might still be accessible on the sites. You acknowledge that in the event that your account is terminated, your material is removed, or your access to our platforms and services is restricted, we shall not be liable to you or any third party.

Please notify us if a user publishes something that violates your copyright or trademark rights. Our teacher agreements obligate our instructors to uphold the law and be mindful of others’ intellectual property rights. See our Intellectual Property Policy for more information on how to report a copyright or trademark infringement allegation to us.

Use of the Service

The Services (or any portion thereof) may be changed or discontinued, temporarily or permanently, by Clever Berries with or without notice. You acknowledge that in the event that the Services are changed, suspended, or stopped altogether, Clever Berries won’t be held responsible to you or any other person. If all or a portion of the Services are unavailable at any moment or for any length of time, we won’t be held responsible. We may occasionally limit users, including registered users, access to specific Services, or the entire Services.

In our sole discretion, we reserve the right to disable any user name, password, or other identifier—whether selected by you or assigned by us—for any reason, including if we believe you have broken one of these Terms of Use.

Although the Services are accessible from anywhere in the globe, this does not imply that all Services, service features, or User Contributions (as defined below) are permitted in your country. In some nations, Clever Berries may restrict access to particular Services (or particular service features or content). It is your obligation to confirm that using the Services in your home country is authorized. Some languages are not supported for services.

Only users older than 16 are permitted to use the services; however, if you are under the age where you live for online service consent, you may not use the services. Instead, we encourage you to invite a parent or guardian to open an account on your behalf and assist you in accessing content that is suitable for you. You must not access the Services if you are under the legal age of majority in your country to utilize online services. We will deactivate your account if we find out that it was created in violation of these guidelines.

Different opinions between users

You acknowledge that Clever Berries will have no liability or obligation for your interactions with any other users in connection with the Service and that you alone are completely liable for those interactions. Clever Berries reserves the right, but is under no obligation, to take any action regarding disagreements between you and any other Service user.

License

Unless otherwise stated, Clever Berries and/or its licensors own the intellectual property rights form all material on www.cleverberries.com. All intellectual property rights are reserved. You may access this from www.cleverberries.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from www.cleverberries.com
Sell, rent or sub-license material from www.cleverberries.com
Reproduce, duplicate or copy material from www.cleverberries.com
Redistribute content from www.cleverberries.com

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Clever Berries does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Clever Berries, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Clever Berries shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Clever Berries reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Clever Berries a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Intellectual Property

The Services and associated information, software, text, displays, images, video, and audio, as well as their design, selection, and arrangement, are the property of Clever Berries, its licensors, or other content providers, and are shielded from infringement by domestic and foreign copyright, trademark, patent, trade secret, and other proprietary rights laws.

You are only allowed to use the Website for personal, non-commercial purposes under these Terms of Use. We give you a limited, non-exclusive, non-transferable license to access the Clever Berries material and see (a) course(s) through the Services on a streaming-only basis for that purpose when you access the Services and/or buy a course. No right, title, or interest in or to the Services or any content thereof is transferred to you other than the aforementioned limited license, and Clever Berries retains all other rights. Your license may be revoked at any time by Clever Berries in its sole discretion. You are not allowed to download,v store, transmit, publicly display, publicly perform, alter, copy, distribute, download, store, or create derivative works of any of the content on our Services.

The name and logo of Clever Berries, as well as all associated names, logos, product and service names, designs, and slogans, are registered trademarks of Clever Berries or its affiliates or licensees. Such marks may not be used without our prior written consent. On this service, any other names, logos, product and service names, designs, and slogans are the property of their respective owners and are trademarks.

Any copyright, trademark, or other proprietary rights notices from any materials on the Site may not be removed or altered.

Any use of the site that is not specifically authorized by these terms of use is prohibited and may be against the law, including copyright, trademark, and other laws.

Suspension; supervision and protection

In its sole discretion, Clever Berries has the right to: Remove any User Contributions or Submissions for any reason or for no reason.

Take any action with regard to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, violates any intellectual property rights or other rights of any person or entity, endangers the personal safety of users of the Services or the general public, or could expose Clever Berries to liability.

Any third party who complains that something you uploaded infringes on their rights, including their privacy or intellectual property rights, should be given your identity or other personal information.

Take the required legal action,
including without restriction reporting any unauthorized or illegal use of the Services to police enforcement.

Any violation of these Terms of Use,
failure to pay any fees you owe, filing or submission of a fraudulent chargeback request, suspicion that you are engaging in fraudulent or illegal activity, or any other reason in our reasonable sole discretion are all grounds for terminating or suspending your access to all or part of the Services.

You acknowledge and agree that Clever Berries may immediately deactivate or delete your account and all associated information and files in your account and/or prohibit any further access to such files or the Service in the event that any provision of this Terms of Use is found to be ineffective, and you agree that any termination of your access to the Service under such provision may be affected without prior notice.
Furthermore, you acknowledge that Clever Berries won’t be held responsible for any termination of your access to the Service if it happens to you or a third party.

Without limiting the aforementioned, we reserve the right to fully cooperate with any law enforcement officials or court order asking or directing us to reveal the identify or other details of anyone posting any content on or via the Services. You release the company, its affiliates, licensees, and service providers from any claims arising from any actions taken by any of the aforementioned parties during or as a result of its investigations, as well as from any actions taken as a result of investigations by either such parties or law enforcement authorities. We cannot guarantee the rapid removal of offensive material after it has been submitted since we do not undertake to review it before it is posted on the Service. Due to this, we disclaim any responsibility for our actions or inactions with regard to transmissions, communications, or content that has been given by a user or other party. If the activities outlined in this part are performed or not, we are not liable or responsible to anyone.

Registration and account security

You might be required to submit specific registration information or other information in order to access the Site or some of the Services it provides. You certify that the information you submit about yourself on the registration form is (a) true, accurate, current, and complete, and (b) that you will maintain and promptly update this information to keep it true, accurate, current, and complete. Clever Berries reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete, or if Clever Berries has reasonable grounds to suspect that such information is untrue,
inaccurate, not current, or incomplete. You acknowledge that our Privacy Policy applies to all information we collect from you, whether in connection with registering for the Services or otherwise, including, but not limited to,
through the use of any interactive features. You also agree that we may use your information in ways that are consistent with our Privacy Policy.

You must keep any user name, password, or other information you choose or are given as part of our security procedures as secret, and you may not give it to anyone else or any organization. You agree not to give anyone else access to the Services or any of its components using your user name, password, or other security credentials and accept that your account is private to you.

You are solely responsible for any actions taken using your account, and it is your obligation to keep your login information secure.
You undertake to immediately alert us of any unauthorized use of your user name, password, or other security violation. You also consent to logging out of your account at the conclusion of each session. When using a public or shared computer to access your account, you should take extra care to ensure that no one may see or record your password or other personal information.

Any actions or inactions on your part, as well as any damages of any type sustained as a result of such actions or inactions, are not the responsibility of Clever Berries.

Online Shop

The products displayed in the Clever Berries online shop are offered for sale by Clever Berries Manero Peña, Switzerland.

Product descriptions, prices and available quantities are displayed on the respective product pages. All prices are stated in Swiss francs (CHF). Any applicable shipping costs are shown separately during checkout before the order is submitted.

By submitting an order through the online shop, the customer makes a binding offer to purchase the selected products. After the order has been submitted, the customer receives an automatic order confirmation by email.

If an ordered product is unexpectedly unavailable or if an obvious pricing or technical error has occurred, Clever Berries reserves the right to cancel the affected order and refund any payment already received.

Payment is made using the payment methods displayed during checkout.

Payment

Payment for orders placed through the Clever Berries online shop is made using the payment methods displayed during checkout.

All prices are stated in Swiss francs (CHF). Any applicable shipping costs are shown separately before the order is submitted.

Payment is due at the time the order is placed. An order is considered paid only after successful confirmation of the transaction by the selected payment provider.

If a payment is unsuccessful, cancelled or not completed, Clever Berries is not obliged to dispatch the order. Unpaid orders may be cancelled automatically.

Clever Berries does not store customers’ complete payment card details. Payment processing is carried out by the respective payment service providers.

The payment methods currently available may include credit or debit card, PayPal and TWINT, depending on availability and successful technical integration.

Shipping & Delivery incl. SALES

We currently deliver within Switzerland.

Orders are usually processed within one business day. Orders placed from Monday to Friday before 12:00 noon are generally prepared for dispatch on the same business day. Orders placed after 12:00 noon, on weekends or on public holidays are generally prepared on the next business day.

The available shipping method and the corresponding shipping cost are displayed during checkout and depend on the size, weight and quantity of the ordered products. Small and lightweight items may be shipped by letter post, while larger orders are shipped as parcels.

Delivery is carried out by Swiss Post. Delivery times depend on the selected shipping method and are generally approximately 1–2 business days after dispatch. Delivery times are estimates and cannot be guaranteed. Delays caused by Swiss Post, public holidays, exceptional circumstances or events outside our reasonable control may result in longer delivery times.

Items purchased as part of our clearance sale are final sale and cannot be returned or exchanged due to change of mind, incorrect selection or other reasons attributable to the customer.

This does not affect any rights the customer may have in the event that an item is defective, damaged upon delivery, or an incorrect item has been supplied.

Refunds (special conditions for SALE)

Within 7 days of making your purchase, you can ask Clever Berries to apply a refund to your account if the content was not what you had anticipated. Depending on the capabilities of our payment service providers, the platform from which you purchased your material (website, mobile or TV app), and other criteria, we retain the right to apply your return as a refund credit or a refund to your original payment method. If you ask for a refund after the 7-days guarantee period has ended, you are not entitled to one. However, you are eligible for a refund after this 30-day period if the previously paid-for content is disabled due to legal or regulatory requirements. Additionally, Clever Berries maintains the right to extend the 7-days refund window if there is evidence of account fraud.

The processes are here if you want to ask for a refund. Instructors concur that students have the right to receive these returns, as specified in the Instructor Terms.

We reserve the right to refuse your refund, prevent you from receiving any further refunds, suspend your account, and/or impose other restrictions on your use of the Services in the future if we determine that you are abusing our refund policy, such as if you’ve already refunded the content or if you’ve consumed a sizable portion of it. You are not entitled to a refund if you violate these Terms or other regulations of this website we prohibit your account or restrict your access to the content as a result.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms;
and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Clever Berries; and (d)
the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Clever Berries. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Clever Berries ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s)
should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Reliance of posted information

Only general informational purposes are served by the information provided on or through the Services. The accuracy,
completeness, or utility of this material is not guaranteed by us. Your use of this information is entirely at your own risk. Any reliance by you, another user of the Services, or anyone else who may be in the know of such materials is strictly prohibited, and we thus disclaim all liability and obligation resulting from such action.

The Services might contain content that has been contributed by outside sources, such as articles written by other users,
bloggers, and outside licensors, syndicators, aggregators, and/or reporting services. All of the content that has been posted to the Services has not, and cannot, be, vetted by Clever Berries. Other than the content provided by Clever Berries, all assertions and/or opinions made in these materials, as well as all articles, answers to queries, and other content, are the sole responsibility of the person or organization that contributed those materials. These items don’t always represent Clever Berries ‘s views. The accuracy or content of any materials given by third parties is not our responsibility or subject to our liability to you or any other party.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Intellectual property Rights of Clever Berries

The Services and associated information, software, text, displays, images, video, and audio, as well as their design, selection, and arrangement, are the property of Clever Berries,
its licensors, or other content providers, and are shielded from infringement by local and foreign copyright, trademark, patent, trade secret, and other proprietary rights laws.

We give you a limited, non-exclusive, non-transferable license to access the Clever Berries material and see (a) course(s) through the Services on a streaming-only basis for that purpose when you access the Services and/or buy a course. No right, title, or interest in or to the Services or any content thereof is transferred to you other than the aforementioned limited license,
and Clever Berries retains all other rights. Your license may be revoked at any time by Clever Berries in its sole discretion. You are not allowed to download,
store, transmit, publicly display, publicly perform, alter, copy, distribute or create derivative works of any of the content on our Services.

The name and logo of Clever Berries, as well as all associated names, logos, product and service names,
designs, and slogans, are registered trademarks of Clever Berries or its affiliates or licensees. Such marks may not be used without our prior written consent. On this service, any other names, logos, product and service names,
designs, and slogans are the property of their respective owners and are trademarks.

Any copyright,
trademark, or other proprietary rights notices from any materials on the Site may not be removed or altered.

Any use of the site that is not specifically authorized by these terms of use is prohibited and may be against the law, including copyright, trademark, and other laws.

User contributions

All intellectual property rights and ownership in any photos, videos, audio, or other anything you upload through the Services or distribute to other users or recipients remain yours. Your User Contributions are not subject to any ownership claims by Clever Berries. However, by submitting or uploading any User Contributions, you agree to grant Clever Berries, its affiliates, and service providers (and each of their respective licensees, successors, and assigns) a non-exclusive,
worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual,
irrevocable license to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, publicly perform, publicly display, and create derivative works When utilizing your User Contributions, Clever Berries will always mention you. By uploading your User Contributions, you also provide permission to other Clever Berries users,
guests, and instructors to share them on social media sites linked with Clever Berries (like Instagram, Pinterest, Facebook, or Twitter). You are always free to end this agreement by taking your User Contributions off of the Services. If you remove such content, Clever Berries will make commercially reasonable attempts to remove it from the Services, but you understand that references to the content or caching may persist.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other materials relating to the Service (“Submissions”) that you send to Clever Berries, its affiliates, and service providers (and each of their respective licensees, successors, and assigns), as well as other Clever Berries users,
visitors, and teachers, are non-confidential and that these parties will be free to use, distribute, reproduce, adapt, publish, translate, create derivative works from, modify,

You guarantee and represent that all User Contributions and Submissions you make do and will comply with these Terms of Use. You own or otherwise have control of all rights, title, and interest in and to the User Contributions.

You recognize and agree that you alone, not Clever Berries, are entirely responsible for all User Contributions and Submissions that you submit or contribute, including their legality, dependability, accuracy, and suitability.

You or any other user of the Services may post User Contributions or Submissions, and Clever Berries is not responsible or liable in any way for the content or accuracy of such User Contributions or Submissions (including, but not limited to, for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any such content).

You understand that Clever Berries doesn’t pre-screen content and that it has the right, but is not obliged to reject or remove any material made available through the Services at any time. Without limiting the aforementioned Clever Berries and its designees reserve the right to delete any content that Clever Berries determines, in its sole discretion, to be otherwise objectionable or that violates these Terms of Use.

Except as may be required by applicable law, we are under no obligation to keep any of your User Contribution on file for a longer amount of time.

You agree and understand that Clever Berries shall not be liable to you for any such unlawful copying of your User Contributions, even though we make reasonable efforts to prevent such unlawful activity. You also understand and acknowledge that your User Contributions posted on the Services may be unlawfully copied by third parties without your or our consent.

Counter-Notice

You may send a written counter-notice containing the following details to the Copyright Agent if you believe that your User Content that has been removed (or to which access has been disabled) is not infringing, or that you have permission from the copyright owner, the copyright owner’s agent, or as required by law to upload and use the content in your User Content. A statement that you have a good faith belief that the content was removed or disabled due to error or a misidentification of the content; your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and your name, address, telephone number, and email address, as well as a statement that you consent to the jurisdiction of the courts located in Switzerland.

If the Copyright Agent receives a counter-notice, Clever Berries will send a copy of the counter-notice to the original complaining party and advise them that they have 10 business days to reinstall the removed content or stop disabling it. The withdrawn content may be reinstated, or access to it may be restored, in 10 to 14 business days or more following receipt of the counter-notice, at our exclusive discretion,
unless the copyright owner launches an action seeking a court order against the content provider, member, or user.

Language

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English or German languages will control if there is any conflict.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

You are aware that we are unable to and do not guarantee or ensure that any files made available for download from the internet or through the services will be free of malware or other potentially harmful software. You are accountable for putting in place enough procedures and checkpoints to meet your unique needs for anti-virus security and correctness of data input and output, as well as for maintaining a method outside of our site for any necessary data reconstruction. In the event that you use the site, any services obtained through the services, or download any content posted there or on any website linked to it, you will be solely responsible for any damage to your computer system, programs, data, or other proprietary information that results from a distributed denial-of-service attack, virus, or other technologically harmful material.

You use the website at your own risk,
including any services or products you purchase through the website. The website, its contents, and any services or products purchased via the website are given “as is” and “as available” with no explicit or implied warranties of any kind. A warranty or representation on the site’s availability, correctness, completeness, security, or reliability is not made by the company or any individual connected to it. Without limiting the aforementioned, neither the business nor anyone connected to the business represents or warrants that the site, its content, or any services or items obtained through the site will be correct, accurate, reliable, error-free, or uninterrupted, that defects will be fixed, that our site or the server that makes it available are free of viruses or other harmful components, or that the site or any services or items obtained through the site will otherwise meet your needs.

The business hereby negates any and all warranties of any kind, including but not limited to any implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

The aforementioned does not impact any warranties that, in accordance with current law, cannot be excluded or limited.

Place of jurisdiction and applicable law

All legal relations between Clever Berries and customers as well as between merchants and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The following exclusive places of jurisdiction apply:

For any claims resulting from purchase contracts in which one party is Clever Berries:
For claims by consumers, the place of jurisdiction that applies is Zurich or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Zurich.

For any claims resulting from purchase contracts the exclusive place of jurisdiction is the merchant’s domicile.

Updating These Terms

Clever Berries maintains the right, at its sole discretion, to amend and/or make changes to these Terms at any time. From time to time, we may alter these Terms to make clear our practices, to reflect new or different practices (such as when we add new features), or both. If we make any significant changes, we will provide you clear notice by posting a notice on our website or sending an email to the email address listed in your account.
Unless otherwise specified, changes take effect the day they are posted. You will be deemed to have accepted modifications if you continue to use our Services after they take effect. All previous Terms are superseded by any amended Terms.

How to Contact Us

The best way to get in touch with us is to contact our Support Team on [email protected] or in case of legal or copyright questions on [email protected].

We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for teaching and learning with us!

Privacy Policy

General

Every person has the right to privacy protection and protection against

the misuse of their personal data under Article 13 of the Swiss Federal
Constitution and the data protection laws of the Swiss Confederation (Data
Protection Act, DSG). The guardians of these pages take seriously their responsibility
to preserve your personal information. Your personal information is handled
with strict confidentiality and in line with this privacy statement and all
applicable legal data protection requirements. We work closely with our hosting companies to take every precaution to

safeguard the databases against unauthorized access, loss, misuse, or
falsification. We would like to draw attention to the possibility of security flaws in

data transmission over the Internet (such as e-mail communication). You agree to the collection, processing, and use of your data in the

manners described below by using this website. Generally speaking, you can view
this website without registering. Date, time, and information about the sites
or files that were accessed are recorded on the server for statistical
purposes; however, this information is not connected to you personally. As much
as feasible, personal information, including name, address, and email address,
is collected voluntarily. The information won’t be given to outside parties
without your permission.

Processing of personal data

Any information that refers to a named or identifiable individual is
considered personal data. A person whose personal information is processed is
known as a data subject. Any treatment of personal data is considered
processing, independent of the methods and techniques employed, and includes,
in particular, the preservation, disclosure, acquisition, erasure, storage,
modification, and use of personal data.

According to Swiss data protection law, we process personal data. In
addition, we process personal data in line with the following legal bases in
conjunction with Art. 6 (1) GDPR, to the extent and to the extent that the EU
GDPR is applicable:

a) processing of personal data with a data subject’s consent.

b) Processing personal data in order to carry out a contract with the
data subject and to carry out the necessary pre-contractual procedures.

Cookies

Cookies are used on this site. These are short text files that enable

the user-specific data to be stored on the terminal device of the user while
the user is accessing the website. In particular, cookies allow us to count the
number of visitors to the pages, count the number of users, evaluate visitor
behavior patterns, and improve the customer-friendliness of our offer. Cookies
are retained after a browser session ends and can be retrieved the next time
you visit the website. You should configure your web browser to reject cookies
if you don’t want this to happen.

c) Processing personal data to carry out a legal obligation to which we
are bound under any relevant EU legislation or under any applicable law of a
nation to which the GDPR is fully or partially applicable.

d) Processing personal data to safeguard a data subject’s or another
natural person’s vital interests.

Unless the fundamental freedoms, rights, and interests of the data
subject are superseded, lit. f) processing personal data to protect our or
third parties’ legitimate interests. In particular, our economic interest in
being able to supply our website, information security, the enforcement of our
own legal claims, and adherence to Swiss legislation are all examples of
legitimate interests.

We only process personal data as long as it’s necessary to achieve a
specific goal or goals. We limit processing when there are longer-term
retention requirements imposed by laws and other obligations to which we are
subject.

The U.S. site http://www.aboutads.info/choices/ or the EU site
http://www.youronlinechoices.com/ allow users to express a broad objection to
the use of cookies for online marketing purposes across a wide range of
services, particularly in the case of tracking. Additionally, cookies can be
prevented from being stored by disabling them in the browser’s settings. Please
be aware that not all features of this online offer are available in this
situation.

When SSL/TLS is used

For security purposes and to safeguard the transmission of sensitive
data, such as requests you send to us as the site operator, this website uses
SSL/TLS encryption. An encrypted connection can be identified by the lock
symbol in your browser line and by the address line of the browser changing
from “http://” to “https://”.

The data you provide to us cannot be viewed by outside parties if SSL or
TLS encryption is enabled.

Third party services

In order to prevent spam and bots from entering the site, Google

Invisible reCAPTCHA, is used used on this page.

These services of
the American Google LLC use cookies, among other things, and as a result, data
is transferred to Google in the USA, although we assume that no personal
tracking takes place in this context solely through the use of our website.

Google has undertaken to ensure adequate data
protection in accordance with the US-European and the US-Swiss Privacy Shield.

Further information
can be found in Google’s privacy policy.

Contact form

If you send us enquiries using the contact form, we will retain your
data from the form, including your contact information, to handle your query
and in case you have any follow-up questions. Without your permission, we do
not share this information.

We need an email address from you in addition to information that
enables us to confirm that you are the owner of the supplied email address and
consent to receive the newsletter if you would like to subscribe to the
newsletter offered on this website. No more information will be gathered. We do
not share this information with outside parties and only use it to distribute
the requested information.

You have the right to cancel your consent at any time, for example by
using the “”unsubscribe link”” in the newsletter, to the
storage of your data, the use of your email address, and the transmission of
the newsletter.

Comments

In addition to your comment, this website’s
commenting feature will also keep information about when the comment was created,
your email address, and, if you do not post anonymously, the username you have
chosen.

Keeping the IP address on file

The IP addresses of
users who post comments are saved in our commenting system. We require this
information in order to be able to act against the author in the event of legal
violations like insults or propaganda since we do not review comments on our
site before they are active.

Registering for comments

After logging in as
a user of the website, you can subscribe to comments. In order to confirm that
you are the owner of the email address, you will receive a confirmation
email. You can unsubscribe from this feature at any time via a link in
the info emails.

Right of entry

Every person whose personal data is being processed has the right to
free information about and a copy of the personal data that has been kept about
them from the owner of this website at any time. Additionally, details
regarding the following may be included, if appropriate:

·
the objectives
of the processing

·
the types of
personal data processed, the recipients to whom the data have been or, if
feasible, will be revealed, the anticipated length of time for which the data
will be retained, or, if this is not possible, the standards used to determine
this length of time.

·
the existence
of a right to obtain the rectification or erasure of personal data concerning
him or her, or the restriction of processing by the controller, or a right to
object to such processing

·
the existence
of a right of appeal to a supervisory authority

·
if the
personal data are not collected from the data subject: Any available
information about the origin of the data.

Furthermore, the data subject has the right to be informed whether
personal data have been transferred to a third country or to an international
organization. If this is the case, the data subject also has the right to
obtain information about the appropriate safeguards in connection with the
transfer.

If you would like to make use of this right to information, you can
contact us at any time.

Right to rectification

Every person
affected by the processing of personal data has the right to demand the
immediate correction of incorrect personal data concerning him or her.
Furthermore, the data subject has the right, taking into account the purposes
of the processing, to request that incomplete personal data be completed,
including by means of a supplementary declaration.
If you wish to exercise this right of
rectification, you may contact our data protection officer at any time.
Right to erasure (right to be forgotten)

Any person
concerned by the processing of personal data has the right to obtain from the
controller of this website the erasure without delay of personal data
concerning him or her, where one of the following grounds applies and insofar
as the processing is no longer necessary:

·
The personal
data have been collected or otherwise processed for such purposes for which
they are no longer necessary.

·
The data
subject revokes the consent on which the processing was based and there is no
other legal basis for the processing

·
The data
subject objects to the processing on grounds relating to his or her particular
situation and there are no overriding legitimate grounds for the processing, or
the data subject objects to the processing in the case of direct marketing and
related profiling

·
The personal
data have been processed unlawfully
The erasure of the personal data is necessary for compliance with a legal
obligation under Union or Member State law to which the controller is subject

·
The personal
data has been collected in relation to information society services provided
directly to a child

If one of the above
reasons applies and you wish to arrange for the deletion of personal data
stored by the operator of this website, you can contact our data protection
officer at any time. The data protection officer of this website will arrange
for the erasure request to be complied with immediately.

Right to restriction of processing

Any person concerned by the processing of personal data has the right to
obtain from the controller of this website the restriction of processing if one
of the following conditions is met:

·
The accuracy
of the personal data is contested by the data subject, for a period enabling
the controller to verify the accuracy of the personal data

·
The processing
is unlawful, the data subject objects to the erasure of the personal data and
requests instead the restriction of the use of the personal data
The controller no longer needs the personal data for the purposes of the
processing, but the data subject needs it for the assertion, exercise or
defense of legal claims
The data subject has objected to the processing on grounds relating to his or
her particular situation, and it is not yet clear whether the legitimate
interests of the controller override those of the data subject

If one of the aforementioned conditions is met, you can request the
restriction of personal data stored by the operator of this website at any time
by contacting our data protection officer. The data protection officer of this
website will arrange the restriction of the processing.

Right to data portability

Every person
affected by the processing of personal data has the right to receive the
personal data concerning him or her in a structured, common and
machine-readable format. He or she also has the right to have this data
transferred to another controller if the legal requirements are met.

Furthermore, the
data subject has the right to obtain that the personal data be transferred
directly from one controller to another controller, insofar as this is
technically feasible and insofar as this does not adversely affect the rights
and freedoms of other persons.
To assert the right to data portability, you may
at any time contact the data protection officer appointed by the operator of
this website.

Right of objection

Any person affected

by the processing of personal data has the right to object at any time, on
grounds relating to his or her particular situation, to the processing of
personal data concerning him or her.

The operator of
this website shall no longer process the personal data in the event of the
objection, unless we can demonstrate compelling legitimate grounds for the
processing which override the interests, rights and freedoms of the data
subject, or if the processing serves the purpose of asserting, exercising or
defending legal claims.
To exercise the right to object, you may
directly contact the Data Protection Officer of this website.
Right to revoke consent granted under data
protection law
Every person affected by the processing of
personal data has the right to revoke a given consent to the processing of
personal data at any time.

If you wish to exercise your right to revoke consent, you may contact us at any time. Chargeable services

For the provision
of chargeable services, we request additional data, such as payment details, in
order to be able to execute your order. We store this data in our systems until
the statutory retention periods have expired.

Copyrights
The copyright and all other rights to the
content, images, photos or other files on the website belong exclusively to the
operator of this website or the specifically named copyright holders. For the
reproduction of all files, logos, pictures, the written consent of the
copyright holder must be obtained in advance.
Anyone who commits a copyright infringement
without the consent of the respective copyright holder may be liable to
prosecution and possibly to damages.
Disclaimer
All information on our website has been
carefully checked. We make every effort to ensure that the information we
provide is up-to-date, correct and complete. Nevertheless, the occurrence of
errors cannot be completely excluded, so we cannot guarantee the completeness,
accuracy and timeliness of information, including journalistic-editorial
nature. Liability claims regarding damage caused by the use of any information
provided, including any kind of information which is incomplete or incorrect,
will therefore be rejected.
The publisher may change or delete texts at his
own discretion and without notice and is not obliged to update the contents of
this website. The use of or access to this website is at the visitor’s own
risk. The publisher, its clients or partners are not responsible for damages,
such as direct, indirect, incidental, consequential or punitive damages,
allegedly caused by the visit of this website and consequently assume no
liability for such damages.
The publisher also accepts no responsibility or
liability for the content and availability of third-party websites that can be
accessed via external links on this website. The operators of the linked sites
are solely responsible for their content. The publisher thus expressly
distances itself from all third-party content that may be relevant under
criminal or liability law or that may offend common decency.

Google Ads

This website uses
Google conversion tracking. If you have reached our website via an ad placed by
Google, Google Ads will set a cookie on your computer. The conversion tracking
cookie is set when a user clicks on an ad placed by Google. These cookies lose
their validity after 30 days and are not used for personal identification. If
the user visits certain pages of our website and the cookie has not yet
expired, we and Google can recognize that the user clicked on the ad and was redirected
to this page. Each Google Ads customer receives a different cookie. Cookies can
therefore not be tracked across Ads customers’ websites. The information
obtained using the conversion cookie is used to create conversion statistics
for Ads customers who have opted in to conversion tracking. Clients learn the
total number of users who clicked on their ad and were redirected to a page
tagged with a conversion tracking tag. However, they do not receive any
information that can be used to personally identify users.
If you do not wish to participate in the
tracking, you can refuse the setting of a cookie required for this – for
example, by means of a browser setting that generally deactivates the automatic
setting of cookies or by setting your browser so that cookies from the domain
“”googleleadservices.com”” are blocked.
Please note that you may not delete the opt-out
cookies as long as you do not want any measurement data to be recorded. If you
have deleted all your cookies in the browser, you must set the respective
opt-out cookie again.

Google Remarketing

This website uses
the remarketing function of Google Inc. The function is used to present
interest-based advertisements to website visitors within the Google advertising
network. A so-called “”cookie”” is stored in the browser of
the website visitor, which makes it possible to recognize the visitor when they
visit websites that belong to the Google advertising network. On these sites,
the visitor can be presented with advertisements that relate to content that
the visitor has previously accessed on websites that use Google’s remarketing
function.
According to its own information, Google does
not collect any personal data during this process. However, if you do not wish
to use Google’s remarketing function, you can deactivate it in principle by
making the appropriate settings at http://www.google.com/settings/ads.
Alternatively, you can deactivate the use of cookies for interest-based
advertising via the advertising network initiative by following the instructions
at http://www.networkadvertising.org/managing/opt_out.asp.

Google reCAPTCHA

This website uses

the reCAPTCHA service of Google Ireland Limited (Gordon House, Barrow Street
Dublin 4, Ireland “”Google””). The query serves the purpose
of distinguishing whether the input is made by a human or by automated, machine
processing. The query includes the sending of the IP address and possibly other
data required by Google for the reCAPTCHA service to Google. For this purpose,
your input is transmitted to Google and further used there. However, your IP
address will be shortened beforehand by Google within member states of the
European Union or in other contracting states of the Agreement on the European
Economic Area. Only in exceptional cases will the full IP address be
transmitted to a Google server in the USA and shortened there. On behalf of the
operator of this website, Google will use this information to evaluate your use
of this service. The IP address transmitted by your browser as part of
reCaptcha will not be merged with other data from Google. Your data may also be
transmitted to the USA in the process. For data transfers to the USA, there is
an adequacy decision of the European Commission, the “”Privacy
Shield””. Google participates in the “”Privacy
Shield”” and has submitted to the requirements. By pressing the
query, you consent to the processing of your data. The processing is based on
Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any
time without affecting the lawfulness of the processing carried out on the
basis of the consent until revocation.

You can find more
information about Google reCAPTCHA and the associated privacy policy at: https://policies.google.com/privacy?hl=de

Google Analytics

This website uses
Google Analytics, a web analytics service provided by Google Ireland Limited.
If the data controller on this website is located outside the European Economic
Area or Switzerland, then the Google Analytics data processing is carried out
by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred
to as “”Google””.
The statistics obtained enable us to improve our
offer and make it more interesting for you as a user. This website also uses
Google Analytics for a cross-device analysis of visitor flows, which is carried
out via a user ID. If you have a Google user account, you can deactivate the
cross-device analysis of your usage in the settings there under “”My
data””, “”Personal data””.
The legal basis for the use of Google Analytics
is Art. 6 para. 1 p. 1 lit. f DS-GVO. The IP address transmitted by your
browser as part of Google Analytics will not be merged with other data from
Google. We would like to point out that on this website Google Analytics has
been extended by the code “”_anonymizeIp();”” to ensure
anonymized collection of IP addresses. This means that IP addresses are
processed in abbreviated form, which means that they cannot be linked to a
specific person. If the data collected about you is related to a person, this
is immediately excluded and the personal data is deleted immediately.
Only in exceptional cases will the full IP
address be transferred to a Google server in the USA and shortened there. On
behalf of the operator of this website, Google will use this information for
the purpose of evaluating your use of the website, compiling reports on website
activity and providing other services relating to website activity and internet
usage to the website operator. For the exceptional cases in which personal data
is transferred to the USA, Google has submitted to the EU-US Privacy Shield,
https://www.privacyshield.gov/EU-US-Framework.
Google Analytics uses cookies. The information
generated by the cookie about your use of this website is usually transmitted
to a Google server in the USA and stored there. You may refuse the use of
cookies by selecting the appropriate settings on your browser, however please
note that if you do this you may not be able to use the full functionality of
this website. You can also prevent the collection of data generated by the
cookie and related to your use of the website (including your IP address) to
Google and the processing of this data by Google by downloading and installing
the browser plugin available at the following link: Disable Google Analytics.
In addition, you can also prevent the use of
Google Analytics by clicking on this link: Disable Google Analytics. This will
save a so-called opt-out cookie on your data carrier, which prevents the
processing of personal data by Google Analytics. Please note that if you delete
all cookies on your terminal device, these opt-out cookies will also be
deleted, i.e. you will have to set the opt-out cookies again if you wish to
continue to prevent this form of data collection. The opt-out cookies are set
per browser and computer/end device and must therefore be activated separately
for each browser, computer or other end device.

Google WebFonts

This website uses

so-called web fonts provided by Google for the uniform display of fonts. When
you call up a page, your browser loads the required web fonts into its browser
cache in order to display texts and fonts correctly. If your browser does not
support web fonts, a standard font is used by your computer.
You can find more information on Google Web
Fonts at https://developers.google.com/fonts/faq and in Google’s privacy
policy: https://www.google.com/policies/privacy/

Google TagManager

Google Tag Manager
is a solution with which we can manage so-called website tags via an interface
and thus, for example, integrate Google Analytics and other Google marketing
services into our online offering. The Tag Manager itself, which implements the
tags, does not process any personal data of the users. With regard to the
processing of users’ personal data, please refer to the following information
on Google services. Usage guidelines:
https://www.google.com/intl/de/tagmanager/use-policy.html.

HubSpot

Our website uses Hubspot, a marketing automation
software from HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. HubSpot
is a software company from the USA with a European branch in Ireland. Hubspot
helps us to analyze the use of our portal. Hubspot uses cookies for this purpose.

Certain usage data
is linked to your person (e.g. after entry in a registration form) and stored
in our CRM. This enables us to send you information and offers tailored to your
interests.
In the process, your personal data may also be
forwarded to Hubspot servers in the United States (USA). The appropriate level
of protection is established by the fact that HubSpot, Inc. participates in the
EU-US Privacy Shield Agreement and is certified for compliance with it.
We use Hubspot to provide you with information
and offers tailored to your needs. Accordingly, we have a legitimate interest
within the meaning of Art. 6(1)(f) of the GDPR in this processing. The legal
basis for the processing of your personal data by us in connection with the use
of Hubspot is Art. 6 (1) f) of the GDPR.

In connection with
the use of Hubspot, we store your personal data for as long as necessary to
provide you with information and offers tailored to your needs.
The provision of personal data collected via
Hubspot is not required by law or contract or necessary for the conclusion of a
contract. If you do not provide us with this data, we will not be able to
provide you with information and offers tailored to your needs.
For more information about Hubspot’s use of
data, please see Hubspot’s privacy policy at: https://legal.hubspot.com/de/privacy-policy.

You can object to the use of your data at any
time, e.g. by sending an email to our email address in this privacy policy.

HubSpot is certified under the terms of the
“”EU-U.S. Privacy Shield Framework”” and is subject to
TRUSTe’s Privacy Seal and the “”U.S.-Swiss Safe Harbor””
Framework.
More information about HubSpot’s privacy policy.

More information
from HubSpot regarding EU data protection regulations
More information from HubSpot regarding cookies
set in a visitor’s browser.

More information
about cookies set on HubSpot websites.

Facebook

This website uses
functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA.
When you call up our pages with Facebook plug-ins, a connection is established
between your browser and the Facebook servers. In the process, data is already
transmitted to Facebook. If you have a Facebook account, this data can be
linked to it. If you do not want this data to be associated with your Facebook
account, please log out of Facebook before visiting our site. Interactions, in
particular the use of a comment function or the clicking of a “Like”
or “Share” button are also passed on to Facebook. You can learn more
at https://de-de.facebook.com/about/privacy.

Instagram

Functions of the Instagram service are
integrated on our website. These functions are offered by Instagram Inc., 1601
Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram
account, you can link the content of our pages to your Instagram profile by
clicking on the Instagram button. This allows Instagram to associate the visit
to our pages with your user account. We would like to point out that we, as the
provider of the pages, have no knowledge of the content of the transmitted data
or its use by Instagram.
For more information, please see the privacy
policy of Instagram: http://instagram.com/about/legal/privacy/

External payment service providers

This website uses external payment service

providers through whose platforms users and we can make payment transactions.
For example via
PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)

Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)

Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)

Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)

Stripe (https://stripe.com/ch/privacy)

In the context of
the performance of contracts, we use the payment service providers on the basis
of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1
lit. b. EU-DSGVO. Furthermore, we use external payment service providers on the
basis of our legitimate interests pursuant to the Swiss Data Protection
Ordinance as well as and to the extent necessary pursuant to Art. 6 para. 1
lit. f. EU-DSGVO in order to offer our users effective and secure payment
options.

The data processed
by the payment service providers includes inventory data, such as the name and
address, bank data, such as account numbers or credit card numbers, passwords,
TANs and checksums, among others, as well as the contract, totals and
recipient-related information. The information is required in order to carry
out the transactions. However, the data entered is only processed by the
payment service providers and stored with them. We as the operator do not
receive any information about (bank) account or credit card, but only
information to confirm (accept) or reject the payment. Under certain
circumstances, the data is transmitted by the payment service providers to
credit agencies. The purpose of this transmission is to check identity and
creditworthiness. In this regard, we refer to the terms and conditions and data
protection information of the payment service providers.
For the payment transactions, the terms and
conditions and the privacy policy of the respective payment service providers
apply, which can be accessed within the respective website or transaction
applications. We also refer to these for the purpose of further information and
assertion of revocation, information and other data subject rights.

Sending newsletters – Mailchimp

The newsletter is
sent using the mailing service provider ‘MailChimp’, a newsletter mailing
platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE
#5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing
service provider here. The Rocket Science Group LLC d/b/a MailChimp is
certified under the Privacy Shield agreement and thereby offers a guarantee of
compliance with the European level of data protection (PrivacyShield). The
shipping service provider is used on the basis of our legitimate interests
pursuant to Art. 6 para. 1 lit. f DSGVO and an order processing agreement
pursuant to Art. 28 para. 3 p. 1 DSGVO.

The dispatch service provider may use the data
of the recipients in pseudonymous form, i.e. without assignment to a user, to
optimize or improve its own services, e.g. to technically optimize the dispatch
and presentation of the newsletters or for statistical purposes. However, the
dispatch service provider does not use the data of our newsletter recipients to
write to them itself or to pass the data on to third parties.
Vimeo
Plugins of the video portal Vimeo of Vimeo, LLC,
555 West 18th Street, New York, New York 10011, USA are integrated on this
website. Each time you visit a page that offers one or more Vimeo video clips,
a direct connection is established between your browser and a Vimeo server in
the USA. In the process, information about your visit and your IP address are
stored there. Through interactions with the Vimeo plugins (e.g. clicking the
start button), this information is also transmitted to Vimeo and stored there.
The privacy policy for Vimeo with more detailed information on the collection
and use of your data by Vimeo can be found in the privacy policy of Vimeo.

If you have a Vimeo
user account and do not want Vimeo to collect data about you via this website
and link it to your membership data stored with Vimeo, you must log out of
Vimeo before visiting this website.

In addition, Vimeo
calls up the Google Analytics tracker via an iFrame in which the video is
called up. This is Vimeo’s own tracking, to which we have no access. You can
prevent tracking by Google Analytics by using the deactivation tools that
Google offers for some Internet browsers. You can also prevent the collection
of data generated by Google Analytics and related to your use of the website
(including your IP address) to Google and the processing of this data by Google
by downloading and installing the browser plugin available at the following
link:

https://tools.google.com/dlpage/gaoptout?hl=de

Onlineshop
We process the data of our customers in
accordance with the data protection provisions of the Federal (Data Protection
Act, DSG) and the EU-DSGVO, in the context of the ordering processes in our
online store to enable them to select and order the selected products and
services, as well as their payment and delivery, or execution.

The processed data
includes master data (inventory data), communication data, contract data,
payment data and the persons affected by the processing include our customers,
prospective customers and other business partners. The processing is carried
out for the purpose of providing contractual services in the context of
operating an online store, billing, delivery and customer services. In this
context, we use session cookies, e.g. for storing the shopping cart content,
and permanent cookies, e.g. for storing the login status.
The processing is carried out on the basis of
Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required
archiving) DSGVO. In this context, the information marked as required is
necessary for the justification and fulfillment of the contract. We disclose
the data to third parties only in the context of delivery, payment or in the
context of legal permissions and obligations. The data is only processed in
third countries if this is necessary for the fulfillment of the contract (e.g.
at the request of the customer for delivery or payment).

Users can optionally create a user account, in
which they can view their orders in particular. As part of the registration
process, the required mandatory information will be provided to users. User
accounts are not public and cannot be indexed by search engines, e.g. Google.
If users have terminated their user account, their data with regard to the user
account will be deleted, subject to their retention is necessary for commercial
or tax reasons entspr. Art. 6 para 1 lit. c DSGVO. Information in the customer
account remains until its deletion with subsequent archiving in the event of a
legal obligation. It is the responsibility of the users to save their data in
the event of termination before the end of the contract.
Within the scope of registration and renewed
registrations as well as the use of our online services, we store the IP
address and the time of the respective user action. The storage is based on our
legitimate interests, as well as those of users in protection against abuse and
other unauthorized use. In principle, this data is not passed on to third
parties, unless it is necessary for the pursuit of our claims or there is a
legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.

The deletion takes
place after the expiry of legal warranty and comparable obligations, the
necessity of keeping the data is reviewed at irregular intervals. In the case
of legal archiving obligations, deletion takes place after their expiry.

Agency services

We process the data
of our customers in accordance with the data protection provisions of the
Federal (Data Protection Act, DSG) and the EU-DSGVO in the context of our
contractual services.
In doing so, we process inventory data (e.g.,
customer master data, such as names or addresses), contact data (e.g., e-mail,
telephone numbers), content data (e.g., text entries, etc.), contract data
(e.g., subject matter of the contract, term), payment data (e.g., bank details,
payment history), usage data and metadata (e.g., in the context of evaluating
and measuring the success of marketing measures). Data subjects include our
customers, prospective customers as well as their customers, users, website
visitors or employees as well as third parties. The purpose of the processing
is the provision of contractual services, billing and our customer service. The
legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO
(contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics,
optimization, security measures). We process data that are necessary for the
justification and fulfillment of contractual services and indicate the
necessity of their disclosure. Disclosure to external parties only takes place
if it is necessary in the context of an order. When processing the data
provided to us as part of an order, we act in accordance with the instructions
of the client as well as the legal requirements of a commissioned processing
pursuant to Art. 28 DSGVO and do not process the data for any other purposes
than those specified in the order.

We delete the data
after expiry of legal warranty and comparable obligations. The necessity of
keeping the data is reviewed at irregular intervals. In the case of legal
archiving obligations, deletion takes place after their expiry. In the case of
data disclosed to us by the client as part of an order, we delete the data in
accordance with the specifications of the order, generally after the end of the
order.

Contractual services

We process the data
of our contractual partners and interested parties as well as other clients,
customers, clients or contractual partners (uniformly referred to as
“”contractual partners””) in accordance with the data
protection provisions of the German Federal Data Protection Act
(Datenschutzgesetz, DSG) and the EU-DSGVO pursuant to Art. 6 Para. 1 lit. b.
DSGVO, in order to provide them with our contractual or pre-contractual
services. The data processed in this context, the type, scope and purpose and
the necessity of their processing, are determined by the underlying contractual
relationship.

The data processed includes the master data of our contractual partners (e.g. names and
addresses), contact data (e.g. e-mail addresses and telephone numbers) as well
as contractual data (e.g. services used, contract content, contractual
communication, names of contact persons) and payment data (e.g. bank details,
payment history).

As a matter of
principle, we do not process special categories of personal data, unless these
are components of a commissioned or contractual processing. We process data that
are required for the justification and fulfillment of contractual services and
point out the necessity of their disclosure, unless this is evident to the
contractual partners. Disclosure to external persons or companies is made only
if it is necessary in the context of a contract. When processing data provided
to us in the context of an order, we act in accordance with the instructions of
the client as well as the legal requirements.

In the context of
the use of our online services, we may store the IP address and the time of the
respective user action. The storage is based on our legitimate interests, as
well as the interests of users in protection against misuse and other
unauthorized use. In principle, this data is not passed on to third parties,
unless it is necessary for the pursuit of our claims pursuant to Art. 6 para. 1
lit. f. DSGVO or there is a legal obligation to do so pursuant to Art. 6 para.
1 lit. c. DSGVO.

The deletion of the
data takes place when the data is no longer required for the fulfillment of
contractual or legal duties of care as well as for dealing with any warranty
and comparable obligations, whereby the necessity of keeping the data is
reviewed at irregular intervals. In all other respects, the statutory retention
obligations shall apply.

Data transfer to the USA

Among other things,
tools from companies based in the USA are integrated on our website. If these
tools are active, your personal data may be transferred to the US servers of
the respective companies. We would like to point out that the USA is not a safe
third country in the sense of EU data protection law. US companies are obliged
to hand over personal data to security authorities without you as a data
subject being able to take legal action against this. It can therefore not be
ruled out that US authorities (e.g. intelligence services) process, evaluate
and permanently store your data located on US servers for monitoring purposes.
We have no influence on these processing activities.

Changes

We may amend this privacy policy at any time
without prior notice. The current version published on our website applies.
Insofar as the data protection declaration is part of an agreement with you, we
will inform you of the change by e-mail or other suitable means in the event of
an update.

Disclaimer

The author assumes no liability for the
correctness, accuracy, timeliness, reliability and completeness of the
information.

Liability claims
against the author for material or immaterial damage resulting from access to,
use or non-use of the published information, from misuse of the connection or
from technical malfunctions are excluded.

All offers are
non-binding. The author expressly reserves the right to change, add to, or
delete parts of the pages or the entire offer without prior notice, or to
temporarily or permanently cease publication.

In case of any questions please contact us [email protected].

Your Clever Berries Team.

Cookie Settings

Cookies Policy

In order to inform you fully and accurately about how and why we use cookies on the website www.cleverberries.com (the “Platform”), we’ve created a Cookies Policy. You can email [email protected] for further information if you’re interested in learning more about how we utilize cookies.

Cookies

A cookie is a piece of data that is downloaded to your terminal (PC or mobile device) with the intention of being updated and reclaimed by the party who installed it. “Cookies” are used by our Platform to gather data on how it works and how its users interact with it. We don’t save sensible personally identifying information in the cookies we use, including your address, passwords, or credit/debit card details.

Purpose

Cookies can keep track of the number and duration of your trips to our platform, as well as the pages you view and the amount of time you spend there. Cookies may be used by us to: • Recognize issues so we can make improvements to our platform; • Help you browse our platform more easily; • Provide a better experience for you on our platform; • Differentiate you from other users.

Additionally, we want your permission to use cookies so we can learn more about your preferences and tailor our platform to suit your needs.

Types of Cookies

Our Platform uses both its own and third-party cookies for the following purposes:

Our cookies

They are only used by us to enhance the functionality of our Platform and are delivered to your device by us. These cookies stay on your computer and enable us to recognize you as a repeat user, manage login sessions, remember cookie settings, identify you as a user in case of managing identification, and personalize your content so that we can provide you with information that matches your preferences (individualization cookies).

Third-party cookies

Cookies set by a domain other than our Platform are referred to as third-party cookies.

We employ two categories of third-party cookies on our platform:

Technical cookies, such as those from Custora, Olark, Facebook, CloudFare, and Visual Website Optimizer, enable you to move around the platform and use its features, such as managing data communication, making purchases, storing content, customizing language and currency, format checking, sharing content through social media in accordance with user preferences, and expediting page load times.
Analytical Cookies: To understand how users interact with our Platform, we employ Google Analytics, a web analytic service offered by Google. Additionally, it enables cookies to recognize the website the user came from and utilize that knowledge to anonymously collect data and produce Platform trend reports without identifying specific users. Visit developers.google.com/analytics/devguides/collection/analyticsjs/cookie usage to learn more about Google Analytics’ use of cookies and how they operate.

Consent

You give your agreement to the usage of cookies as previously described in accordance with this Cookies Policy when you access and use our Platform.

Since utilizing our Platform does not involve the use of cookies, you may always block or disable them through your browser. You will still be able to utilize our Platform if you choose to do so, but some of our services may no longer be available, and your experience could be less satisfying.

You must erase them from your device using the browser settings if you want to cancel your informed permission regarding our cookie policy. Here are some links to browsers that provide information on cookies:

Firefox is available at https://www.mozilla.org/es-ES/privacy/websites/.

Chrome: hl=es&answer=95647 at support.google.com/chrome/bin/answer.py

How to manage cookies in Internet Explorer 9 can be found at windows.microsoft.com/es-es/windows7.

Safari: kb/ph5042 at support.apple.com

In case of any questions, just drop us an email [email protected]

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