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Privacybeleid

Thank you for your interest in our company. Data protection is of a high priority for Windfinder.com GmbH & Co KG ("Windfinder").

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation ("GDPR") and in accordance with the country-specific data protection regulations applicable to Windfinder. By means of this privacy policy, we inform you about the type, scope and purpose of the personal data collected, used and processed by us. As a data subject, you will be informed of your rights by means of this privacy policy.

1. Definitions

The privacy policy of Windfinder is based on the terms used by the GDPR.

2. Name and address of the controller

The controller within the meaning of the GDPR is:
Windfinder.com GmbH & Co.KG
Boltenhagener Str. 4
24106 Kiel
Germany
Phone.: 0431 8008643
E-Mail: info@windfinder.com
Website: www.windfinder.com

3. Cookies

Windfinder's applications, such as websites, apps or website widgets, use cookies, which you can see here. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Display cookies

Cookies can contain a so-called cookie ID, which contains a unique identifier for the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, Windfinder can provide the users of its applications with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers in our applications can be optimized for the benefit of the user. Cookies enable us to recognize a user of our applications. The purpose of this recognition is to make it easier for users to use our applications. For example, the user of an application that uses cookies does not have to re-enter their access data each time they visit, as this is taken over by the stored cookie.

The user can prevent the setting of cookies on our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software applications. This is possible in all common Internet browsers. If the user deactivates the setting of cookies in the Internet browser used by him, not all functions of our offer may be fully usable.

4. Categories of data and collection of general data and information

a) Collection of general data and information

The Windfinder applications collect a range of general data and information each time a data subject accesses them. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address) and (7) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using these general data and information, Windfinder does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our applications correctly, (2) optimize the content of our applications and the advertising for them, (3) ensure the long-term viability of our information technology systems and the technology of our applications, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. Therefore, Windfinder analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

b) Categories of personal data upon registration or own transmission

In addition, we may collect the following personal data when you use certain applications, provided that there is a registration and thus a contractual relationship between you and us or you transmit the data to us in some other way: (1) Personal master data (e.g. name); (2) Communication data (e.g. e-mail address), (3) Contract master data (e.g. on the product and corresponding contractual relationship); (4) Login data with password.

5. Single Sign On (SSO)

a) SSO with Apple or the Apple ID

You can use our services by signing in with your Apple ID (hereinafter: "Sign in with Apple"). "Sign in with Apple" is a service offered by Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (hereinafter "Apple"). If you choose "Sign in with Apple", we process your data on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. You can revoke your consent at any time for the future in the iOS settings or app settings. The data will be deleted as soon as it is no longer required to achieve the purpose. You can find more information on data protection at Apple here.

When you use "Sign in with Apple", we receive information about your name and e-mail address. You can find more information about "Sign in with Apple" here. If you use "Sign in with Apple", Apple will send us a numerical code. We only use this code for fraud prevention purposes. We cannot draw any conclusions about your behavior or track you.

Apple processes and transfers your data in the USA. For the USA as a third country, a new adequacy decision of the EU Commission with the USA, the Trans-Atlantic Data Protection Framework (TADPF)(https://www.dataprivacyframework.gov/s/), has been in place since July 2023 (see also below under "Data transfers outside the EEA"). We have also concluded standard data protection clauses approved by the EU Commission with Apple in order to provide sufficient guarantees for the transfer in accordance with Art. 46 para. 2 lit. c GDPR.

b) SSO with Google or the Google ID

You can use our services by logging in with your Google ID (hereinafter: "Google ID"). This service is offered by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as "Google"). If you decide to use this service, we process your data on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. You can revoke your consent at any time via your Android settings or your settings in your Google account and in the app settings. The data will be deleted as soon as it is no longer required to achieve the purpose. You can find more information on data protection at Google here.

When you use the Google service, Google shares your e-mail address and your name with us. Google does not gain access to your user behavior. You can find more information about this here.

Google processes and transfers your data in the USA. For the USA as a third country, a new adequacy decision of the EU Commission with the USA, the Trans-Atlantic Data Protection Framework (TADPF), has been in place since July 2023 (see also below under "Data transfers outside the EEA"). We have also concluded standard data protection clauses approved by the EU Commission with Google in order to provide sufficient guarantees for the transfer in accordance with Art. 46 para. 2 lit. c GDPR.

6. Contact options in the applications

The Windfinder applications contain options for quickly contacting our company via contact form, e-mail and telephone. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject.

Windfinder uses the following systems to provide the aforementioned contact options and to maintain the customer data received in the process: Help-desk system "Freshdesk". The provider of this system is Freshworks Inc, 1250 Bayhill Drive, Suite 315, San Bruno, CA 94066, USA (hereinafter: "Freshworks"). If you contact us via the aforementioned contact options offered on our website and in our apps, the data you provide will be transmitted to "Freshworks" and stored on its servers in the USA. "Freshworks" has joined the Trans-Atlantic Data Protection Framework (TADPF), the new agreement between the European Union and the USA (https://www.dataprivacyframework.gov/s/) as an adequacy decision for the admissibility of data transfers to the USA as a third country (see also below under "Data transfers outside the EEA"). You can find more information about "Freshdesk" and data protection at Freshworks Inc. here: http://freshworks.com/privacy. Data processing is carried out on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR. Specifically, our legitimate interest in the processing results from the need for direct customer communication and the needs-based design of the applications, including for the provision of our services.

7. Access to location data

The Windfinder website and apps can determine the user's location at the user's request. This is only done at the explicit request of the user; no automated location determination takes place. The location is used to center the maps in the Windfinder applications on the user's location. This location is not stored or processed. The release of the location can be revoked at any time in the browser settings (for websites) or in the operating system settings (for apps). The data processing takes place on the basis of Art. 6 para. 1 sentence 1 lit. a) GDPR.

8. Data protection provisions about the application and use of Google AdSense

Windfinder uses Google AdSense in its applications. Google AdSense is an online service of Google LLC Inc. ("Google"), 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA, which enables the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects the advertisements displayed on third-party sites to match the content of the respective third-party site. Google AdSense allows interest-based targeting of Internet users, which is implemented by generating individual user profiles. The purpose of the Google AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject.

By setting the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Google AdSense component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Google. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Alphabet Inc. uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

Via Google AdSense, personal data and information, which also includes the IP address and is necessary for the collection and billing of the advertisements displayed, is transferred to Alphabet Inc. in the United States of America. This personal data is stored and processed in the United States of America. Alphabet Inc. may pass on this personal data collected via the technical process to third parties.

Google AdSense is explained in more detail at this link https://www.google.de/intl/de/adsense/start/ and more information and options for deactivating this ad placement can be found at https://www.google.com/settings/u/0/ads/anonymous?hl=de.

9. Data protection provisions about the application and use of Google Ad Exchange (Doubleclick)

This website uses Google Ad Exchange (also known as "Doubleclick"), a web advertising service of Google Inc. 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA ("Google"), to place advertisements (text ads, banners, etc.).

Doubleclick transmits data to the Doubleclick server with every view as well as with clicks or other activities. Each of these data transfers triggers a cookie request to the user's browser. If the browser accepts this request, Doubleclick places a cookie on the user's IT system, provided the user has consented to this. The purpose of the cookie is to optimize and display advertising. The cookie is used, among other things, to place and display user-relevant advertising and to create reports on advertising campaigns or to improve them. The cookie is also used to avoid multiple displays of the same advertisement.

Doubleclick uses a so-called cookie ID, which is required to handle the technical process. The cookie ID is required, for example, to display an advertisement in a browser. Doubleclick can also use the cookie ID to record which advertisements have already been displayed in a browser in order to avoid duplication. The cookie ID also enables Doubleclick to record conversions. Conversions are recorded, for example, if a user has previously been shown a Doubleclick advertisement and subsequently makes a purchase or performs another relevant action on the advertiser's website using the same Internet browser.

A Doubleclick cookie does not contain any personal data. However, a Doubleclick cookie may contain additional campaign identifiers; these are used to identify campaigns with which the user has already been in contact.

Each time you access one of the individual pages of applications operated by us and on which a Doubleclick component has been integrated, your Internet browser is prompted by the respective Doubleclick component to transmit data to Google for the purpose of online advertising and billing of commissions. As part of this technical process, Google obtains knowledge of data that Google also uses to create commission statements. Among other things, Google can see that the data subject has clicked on certain links on our website. Further information and the applicable data protection provisions of Doubleclick may be retrieved under https://www.google.com/intl/de/policies/.

You can prevent the storage of cookies via your browser settings.

10. Data protection provisions about the application and use of Google Analytics

In our applications, we use Google Analytics 4, a web analysis service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: "Google"). In this context, pseudonymous user profiles are created and cookies are used. The information generated by the cookie about the use of our website (e.g. IP address of the accessing computer, time of access, referrer URL and information about the browser and operating system used) is usually transmitted to Google servers in the USA and processed there.

The use of Google Analytics is based on your consent in accordance with (Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with § 25 para. 1 TTDSG) in the analysis and optimization of our online offer and the economic operation of this website. Google therefore processes the information on our behalf to evaluate the use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage for the purposes of market research and the needs-based design of this website.

We have concluded a data processing agreement with Google for the use of Google Analytics. Through this contract, Google ensures that it processes the data in accordance with the General Data Protection Regulation and guarantees the protection of the rights of the data subject.

The IP address processed by Google Analytics is automatically shortened. The last three digits of your IP address are replaced by a "0", which prevents them from being assigned. The data collected may be transferred to third parties if this is required by law or if third parties process the data on our behalf. The user data collected via cookies is automatically deleted after 2 months.

The information generated by the cookies about the use of our website (e.g. IP address of the accessing computer, time of access, referrer URL and information about the browser and operating system used) is transferred to Google servers in the USA and processed there. Since the summer of 2023, the Transatlantic Data Privacy Framework TADPF(https://www.dataprivacyframework.gov/s/) has applied to data transfers to the USA, as the Privacy Shield has been replaced by an adequacy decision and Google has joined it. In addition, we have concluded the standard contractual clauses approved and provided by the EU Commission with Google for the transfer as a guarantee of a level of data protection comparable to that in the EU. You can obtain a copy of the standard contractual clauses here.

You can revoke or adjust your consent at any time with effect for the future. Further information on data protection in connection with Google Analytics can be found in the Google Analytics help section. Information on the use of data by Google can be found in their privacy policy.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/ and under http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

11. Data protection provisions about the application and use of Google Firebase

Windfinder has integrated the Firebase SDK (Software Development Kit) into its applications. Firebase is operated by Google Firebase (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland "Google"). Firebase is part of the Google Cloud Platform and is a real-time database that can be used to embed real-time information in your own app in order to better understand and optimize user behavior in the apps. In addition, other Firebase functions are also used to enable better user guidance or an evaluation of the causes of crashes in the apps:

Firebase Analytics enables us to analyze the use of our website. Information about the use of our app is collected, transmitted to Google and stored there. Google uses the advertising ID of the end device for this purpose. Google will use this information to anonymously evaluate the use of our app and to provide us with other services related to the use of apps. You can restrict the use of the advertising ID in the device settings (iOS: Privacy/ Advertising/ No Ad Tracking; Android: Account/ Google/ Ads).

Firebase Cloud Messaging is used to send push messages or so-called in-app messages (messages that are only displayed within the app). A pseudonymized push reference is assigned to the mobile device, which serves as the destination for the push messages or in-app messages. Firebase Messaging is used by Windfinder for the delivery of wind alerts in the Windfinder Plus service. The push messages can be deactivated and reactivated at any time in the settings of the mobile device.

Firebase Authentication is a login and authentication service provided by Google Inc. To simplify the login and authentication process, Firebase Authentication may use third-party identity services and store the information on its platform. Personal data collected in this process are email address, surname and first name. Firebase Authentication is used to log in to Windfinder, including as part of the Windfinder Plus service.

Firebase Crash Reporting is used for the stability and improvement of the app. It collects information about the device used and the use of our app (e.g. the time stamp, when the app was started and when the crash occurred), which enables us to diagnose and solve problems. You can find information about how Crashlytics works here: https://firebase.google.com/products/crashlytics/

Firebase Remote Config enables the configuration of app settings so that we can change the app on the end devices on which it is installed without having to completely reinstall it from the respective app store each time a change is made. For this purpose, the device information, language settings and country settings are transferred to Google in the USA and processed there. Information about how Remote Config works can be found here: https://firebase.google.com/products/remote-config

Further information and the applicable data protection provisions of Firebase may be retrieved under https://www.firebase.com/terms/privacy-policy.html.

12. Data protection provisions about the application and use of Sentry

The SDK of the Sentry service (www.sentry.io) is integrated into the Windfinder apps and website. We use Sentry to improve the technical stability of the app and website by monitoring system stability and detecting code errors. Sentry is used solely for these purposes and does not evaluate any data for advertising purposes. User data, such as information on the device or time of error, is collected anonymously and is not used for personal purposes and is subsequently deleted. Further information on this can be found in Sentry's privacy policy at https://sentry.io/privacy/.

13. Data protection provisions about the application and use of advertising by SnigelWeb

The party responsible for some of our advertising placements in the Windfinder desktop version is Snigel WebServices Limited, The Black Church, St. Mary's Place in Dublin 7 Dublin, Ireland, hereinafter referred to as "SnigelWeb".

Snigel Web delivers advertising on websites on behalf of its partners. You can find SnigelWeb's privacy policy and explanations on cookies here.

For diagnostic purposes, troubleshooting and detection of fraudulent behavior, SnigelWeb collects user information in some ad units using cookies, which have a lifespan of six months. The user information collected includes user agent, device, HTTP referrer and IP. This data is not stored for longer than 7 days.

SnigelWeb is an auxiliary service; does not itself store any personal data and processes personal data only for technically necessary purposes; also provides for the loading of other components that may themselves collect data. SnigelWeb does not access this data and takes reasonable steps to protect all information processed from misuse, loss, unauthorized access, alteration or notification. We take physical, electronic and procedural security measures to protect the data we process.

A central opt-out option for various third-party providers, in particular US providers, is also available under this link. However, you can also opt out separately for each individual company that SnigelWeb works with.

We have concluded an data processing agreement with SnigelWeb. The data transfer is based on Art. 6 para. 1 lit. a) and Art. 28 para. 3 GDPR in conjunction with the concluded data processing agreement.


14. Data protection provisions about the application and use of OpenStreetMap

Via the Thunderforest application of the provider Gravitystorm Limited, 53 Ancaster Crescent, New Malden KT3 6BD, United Kingdom, we integrate maps of the "OpenStreetMap" service (https://www.openstreetmap.org), which are offered on the basis of the Open Data Commons Open Database License (ODbL) by the OpenStreetMap Foundation (OSMF), 132 Maney Hill Road, Sutton Coldfield, West Midlands, B72 1JU, United Kingdom. To the best of our knowledge, OpenStreetMap uses user data exclusively for the purpose of displaying the map view; in addition, map material is loaded from an external server. This data may include, in particular, users' IP addresses and location data, which are not collected without their consent (usually as part of the settings of their mobile devices). The data may also be processed in the USA under certain circumstances. Please note that OpenStreetMap has its own privacy policy, which is independent of ours; further information can be found in OpenStreetMap's privacy policy https://osmfoundation.org/wiki/Privacy_Policy and from Thunderforest here: https://www.thunderforest.com/privacy/. Please inform yourself about these privacy policies before using our applications. Since we cannot provide our services to you as a user, or at least not in a meaningful way, without such use of maps, the use of OpenStreetMap is in the interest of an appealing presentation of our online services and to make it easy to find the places we indicate in the applications; this constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

15. Privacy policy for the use of our store for historical weather data

In the applications, it is possible to order historical weather data from the Windfinder archive. In the course of the ordering process, personal data such as name and address are collected for the purpose of contract fulfillment. These are used for invoicing and payment processing and stored in accordance with the statutory provisions. Data is transferred to PDFCrowd, Jaroslav Grešula, Kostelní náměstí 506/1, 288 02 Nymburk, Czech Republic (privacy policy) to generate the PDF files for the invoices. For payment processing, data is forwarded to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg(Privacy Policy).

16. Data protection provisions on the use of and communication via our online presence in social media

We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services. Social networks (Facebook, "X", YouTube and Instagram) are integrated into our applications via plugins (links) to the corresponding services. After clicking on the integrated text/image link, you will be redirected to the page of the respective provider. User information is only transferred to the respective provider after you have been redirected. For information on the handling of your personal data when using these services, please refer to the respective privacy policies of the providers you use. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of the respective operators apply. Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

17. Data transfers to third parties within and outside the EEAR

Your personal data will not be transferred to third parties for purposes other than those listed below. We only pass on your personal data to third parties if:

  1. you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
  2. this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR;
  3. the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data, and
  4. in the event that there is a legal obligation for disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR.

The data transfer in cases a) and b) is based on Art. 28 (3) GDPR in conjunction with the respective data processing agreement concluded.

We may also transfer personal data to countries outside the European Economic Area ("EEA"), e.g. to the USA. Insofar as a so-called adequacy decision of the EU exists, we transfer such data on the basis of the relevant adequacy decision.

A limited adequacy decision has recently been introduced for the USA, which only applies to transfers that are carried out in accordance with the requirements of the EU-US Data Privacy Framework. This permits transfers to companies and bodies in the USA that have been certified in accordance with the requirements of the Transatlantic Data Privacy Framework(TADPF). Insofar as we work with companies from the USA and have appropriate certification in accordance with the requirements of the TADPF, we transfer the data on the basis of this limited adequacy decision for the USA.

For transfers to other countries and transfers to US companies that are not certified in accordance with the TADPF, we have concluded standard data protection clauses of the European Commission, which ensure that an adequate level of data protection is guaranteed at all times.

Otherwise, we only transmit personal data with the express consent of the user.

In general, however, we cannot protect the user's personal data from access by surveillance or investigative authorities in third countries. Rights and protective measures that apply to the processing of data in Europe may not be available in third countries, or only to a limited extent.

18. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

19. Rights of data subjects

Depending on the circumstances of the specific case, you have the following data protection rights:

  • to request access to your personal data and/or copies of this data. This includes information about the purpose of use, the category of data used, its recipients and authorized persons and, if possible, the planned duration of data storage or, if this is not possible, the criteria for determining this duration;
  • to request the rectification, erasure or restriction of the processing of your personal data to the extent that its use is unlawful under data protection law, in particular because (i) the data is incomplete or inaccurate, (ii) it is no longer necessary for the purposes for which it was collected, (iii) the consent on which the processing was based has been withdrawn, or (iv) you have successfully exercised a right to object to data processing; in cases where the data is processed by third parties, we will forward your requests for rectification, erasure or restriction of processing to these third parties, unless this proves impossible or involves a disproportionate effort;
  • to refuse consent or - without affecting the lawfulness of the data processing carried out before the withdrawal - to withdraw your consent to the processing of your personal data at any time;
  • not to be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you;
  • to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us; you also have the right to have us transmit the personal data directly to another controller, where technically feasible;
  • to take legal action or contact the competent supervisory authorities if you believe that your rights have been violated as a result of the processing of your personal data in non-compliance with data protection regulations.

In addition, you have the right to object to the processing of your personal data at any time:

  • if we process your personal data for direct marketing purposes; or
  • if we process your personal data to pursue our legitimate interests and there are grounds relating to your particular situation.

The exercise of these rights does not affect the validity of a contract (Section 327q BGB).

You can (i) exercise the above rights or (ii) ask questions or (iii) lodge a complaint against our processing of your personal data by contacting us using the contact details provided above.

19. changes to this privacy policy

We reserve the right to amend this privacy policy in line with updates to our applications. Please visit this website regularly and check the current privacy policy.

This privacy policy was last updated on 2024-09-15.

Klauseln zum Verhältnis deutschen und englischen Textes

Dieser Text unterliegt deutschem Recht und soll nach deutschem Rechtsverständnis ausgelegt werden. Er wird in deutscher und englischer Sprache ausgefertigt. Im Falle von Abweichungen zwischen der deutschen und der englischen Fassung hat die deutsche Fassung Vorrang.

This text shall be governed by and construed in accordance with the laws of Germany. It shall be executed in both the German and the English language. In the event of any inconsistency between the German and the English version the German version shall prevail.