Data Protection Officer:
3YOURMIND GmbH, Bismarckstraße 10-12, 10625 Berlin (afterwards 3YOURMIND, we, our or us) is operating www.3yourmind.com and any related software. 3YOURMIND is a data controller and needs to gather and use certain information (data processing) about individuals (data subjects) that can identify directly or indirectly a natural person – processing of a data subject´s personal data.
These include visitors to our website, customers, suppliers, business contacts, employees and other people the organization has a relationship with or may need to contact for business or information delivery. This policy describes:
Furthermore it will describe how this personal data is collected, handled and stored through internal processes to meet the company’s data protection standards and to comply with the law.
Depending on the object of business we have different reasons for processing your personal data.
Such reasons can be:
Depending on the depth of the business relationship, we collect personal data to provide a better service and offering.
Such data can include:
Our data is stored on servers provided by Amazon Web Services, Inc, Google LLC and Hubspot, Inc. with which 3YOURMIND has order data processing agreements and which are all active members of the EU-US privacy shield.
Where it is needed and only for as long as necessary is personal data also processed and stored on local machines such as laptop and desktop computers.
3YOURMIND also transmits your personal data to its subsidiary 3YOURMIND Sp. z o.o. Tęczowa 57, 53-601 Wrocław, Poland.
3YOURMIND only processes personal data when we have a legitimate purpose for doing so. These purposed vary with the different reasons and objects of businesses.
Some of the purposes can include:
The data subject can exercise certain rights such as, but not limited to, the right to be informed what, where and who is processing and controlling data by reading this privacy notice.
Further rights can be exercised by writing an E-mail to our data protection officer who will answer to all enquires in a reasonable period of time.
Further rights include:
This data protection policy ensures that 3YOURMIND:
The EU General Data Protection Regulation describes how organisations — including 3YOURMIND— must collect, handle and store personal information. These rules apply regardless of whether data is stored electronically, on paper or in other formats. To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully. The Data Protection Act is underpinned by eight important principles.
These principles state that personal data must:
This policy applies to:
This policy applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the GDPR.
This can include:
This policy helps to protect 3YOURMIND from some very real data security risks, including:
Everyone who works for or with 3YOURMIND shares responsibility for ensuring that data is collected, stored and handled appropriately. Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
However, these people have key areas of responsibility:
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.
When data is stored on paper, it must be kept in a secure place where unauthorised people cannot see it. These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
Personal data is of no value to 3YOURMIND unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
The law requires 3YOURMIND to take reasonable steps to ensure data is kept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort 3YOURMIND should put into ensuring its accuracy.
It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
All individuals who are the subject of personal data held by 3YOURMIND are entitled to:
If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should be made by email, addressed to the data controller at email@example.com. The data controller can supply a standard request form, although individuals do not have to use this.
The data controller will provide the relevant data within a reasonable time frame. The data controller will always verify the identity of anyone making a subject access request before handing over any personal information.
In certain circumstances, the GDPR allows personal data to be disclosed to law enforcement agencies without the consent of the data subject. Under these circumstances, 3YOURMIND will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.
3YOURMIND aims to ensure that individuals are aware that their data is being processed, and that they understand:
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.
We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.
According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.
At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.
The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.
Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
These General Terms and Conditions (GTC) apply to contracts between 3YOURMIND and customers or users of 3YOURMIND website.
Any diverging or supplementary terms of the customer are not part of the contract, unless 3YOURMIND reviews the alternative or supplementary conditions and explicitly approves them in writing.
The customer declares all orders placed with 3YOURMIND be binding offers. However, the contract between the customer and 3YOURMIND is concluded only after acceptance by 3YOURMIND. The acceptance of the contract by 3YOURMIND may occur in writing, by telephone or by e-mail.
The products manufactured by 3YOURMIND on behalf of customers are one-offs, which are produced and individually designed according to customer requirements and specification. 3YOURMIND will produce the products in the material chosen by the client, according to the specified customer plans and sketches and / or in the size and color specified by the customer, etc. A requirement for cancellation or return does not exist according to §312d Abs. 4 Nr. 1 BGB.
For non-customized products 3YOURMIND grants a right of return of 14 days, provided that the products supplied are unused, in the original packaging and in perfect condition. To ensure processing within the return period, a written return request or the unopen product should be sent to
+49 30 555 78748
In the case of an effective return of sealed product to 3YOURMIND with the warranty period, all money that has already been paid will be refunded within 14 days. When the products have been used or degraded, 3YOURMIND is entitled to demand compensation. This does not apply if the deterioration of the products is due to their examination only.
All sale prices of 3YOURMIND to customers are net prices plus the statutory value added tax.
3YOURMIND is entitled to make partial deliveries if this is reasonable for the customer. Once the shipment of product is agreed upon, the delivery risk is transferred to the customer as soon 3YOURMIND has passed the products or the delivery to the transport service.
If a binding delivery date has been agreed to in the contract between the customer and 3YOURMIND, 3YOURMIND is only considered to be in default after the customer has allowed 3YOURMIND a reasonable grace period.
If the customer has a previous debt liability with 3YOURMIND, 3YOURMIND can refuse delivery, notwithstanding any other rights.
Immediately after receipt of the delivery, the customer has the responsibility to check the quality of the delivered products. For obvious defects, they must be reported in writing within 10 working days of receipt of delivery. For hidden defects, the time limit for the receipt of the goods begins with their discovery. If the customer has not provided an accurate and timely complaint, the delivery is considered approved.
The option for customer claims regarding product defects expires after 12 months. This does not apply if 3YOURMIND has fraudulently concealed the defect or has assumed guarantee by 3YOURMIND. It also does not apply for personal injury and claims under the Product Liability Act. 3YOURMIND has the right to remedy defects at its own discretion by replacement delivery or removal of defects. Slight, unavoidable deviations that fall under the customary production technology standard or standard deviations of quality, format, color, weight in the products delivered shall not constitute defects.
The delivered 3YOURMIND goods are considered property of 3YOURMIND until payment is made in full by the customer. The customer is however entitled to resell the products supplied in the normal course of business to third parties. Other disposals, in particular pledging or granting of equitable lien shall not be permitted unless 3YOURMIND agrees this explicitly in writing. As soon as the customer enters the contract with 3YOURMIND, they assume additional responsibilities which include assuming all claims incurred from the resale of the products supplied by 3YOURMIND against third parties, excepting the case that the customer is unable to enforce its own claim against third parties.
All Invoices from 3YOURMIND are to be paid within 5 business days of receipt and without deduction. If payment has not been received within 10 days of receipt of the invoice, the customer is automatically in default.
Location for fulfillment and jurisdiction are both Berlin, Germany. The contractual relationship between the customer and 3YOURMIND is governed by the laws of the Federal Republic of Germany, excluding the CISG.
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.