What is it about?
About musical images of the soul...

This CD contains 11 wonderful, profound songs about a specific topic. Soul pictures were created...

From 2006-2007 I created my CD and had the pleasure of working with wonderful musicians, music teachers and producers. They helped me a lot to bring my vision to life in music with songs about everyday themes such as beauty, cohesion, loss and motivation. The result is "Soulpictures" with twelve songs from different genres (pop, rock, blues, country, gospel and Irish touch). These are available as MP3s. 



You can listen to it here:

About the singer

My name is Arànzazu Moral. I was born in 1975 in Winterthur, Switzerland. I always enjoyed singing at school. I think the songs are thought-provoking, can be supportive and are a good mix of different musical genres, which I like. I went beyond my limits, gave myself completely to the production, was allowed to learn a lot and had a lot of emotions in me while writing the songs. I hope you enjoy listening to it!

If you have any questions or feedback, please contact me by e-mail at herz_und_sinn@yahoo.com.

Return policy with right of withdrawal of 60 days
Terms of use
Privacy Policy
Last updated February 22, 2024

Cancellation policy Right of withdrawal of 60 days
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.)You have the right to revoke this contract within one month without giving reasons.
The revocation period is one month from the day,

- on which you or a third party named by you, who is not the carrier, has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered uniformly;

- on which you or a third party named by you, who is not the carrier, took possession of the last goods, provided that you have ordered several goods as part of a single order and they are delivered separately;

In order to exercise your revocation right, you must inform us (Aranzazu Moral Stadlerstrasse 40, 8472 Seuzach herz_und_sinn@yahoo.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post or e-mail). You can use the attached sample revocation form, but this is not mandatory.


In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 60 days from the day on which we received the notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

We can refuse the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, characteristics and functioning of the goods.

Exclusion or Grounds for extinction

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods, if they have been mixed inseparably with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
---------

AGREEMENT TO OUR LEGAL TERMS
We are Herz und Sinn ("Company," "we," "us," "out"), a company registered in Switzerland at Stadlerstrasse, 40, Seuzach, Zürich 8472.

We operate the webGfte https://herzundsinn.mydigibiz24.com (the "Site"), as well as any other related products and services that refer or Ilnk to these legeJ terms (the ”Legal Terms") (coIIectiveIy, the ”Services").

Yon can contact us by phone at 0041792865149 email at herz und sinn@yahoo.com, or mail to Stadlerstrasse, 40, Seuzach, Zürlch 8472, Switzerland.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on befiaIf of an entity (’you"), and Herz und Sinn, concerning your access to and use of the Services. You agree that by accessing the Services. you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS. T 4EN YOU ARE EXPREKLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to INme are hereby exgresaly 'ncorgorated herein dy reference. We reserve the ñght, in our sole discretion, 1o make changes ar modifications to these Legal Terms from time to time. We will alert you about any changes by updeting the "Last updated" date of these Legal Tarms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically reviéw these Legal Terms la stay informed of updates. You will be subject to. and will be deemed to hava been made aware of and to have accepted, the changes in any revised Lega] Terms by your continued usa of the Services after the date such revi66d Legal Terrfis are posted.

API users who are minors in the juñsdiction in which they reside (generally under the age of IB) must have the permission of, and be direcdy supervised by, their parent or guardian to use the Services. If you aTe a minor. you must have your parent or guardian read and agree to these Lega) Terms prior to you using the Services.

We recommend that you print a copy of these Lega| Terms for your records.
 

TABLE OF CONTENTS
 

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3.  USER REPRESENTATIONS

4. PRODUCTS

5. PURCHASES AND PAYMENT

6. REFUNDS POLICY

7.  PROHIBITED ACTIVITIES

8. USER GENERATED CONTRIBUTIONS

9.  CONTRIBUTION LICENSE

10. ADVERTISERS

11. SERVICES MANAGEMENT

12.  PRIVACY POLICY

13. TERM AND TERMINATION

14. MODIFICATIONS AND INTERRUPTIONS t5. OCiVERNING LAW

16.  DISPUTE RESOLMION

17.  CORRECTIONS

18.  DISCLAIMER

19.  LIMSTATIONS OF LIABILITY

20.   INDEMNIFICATION

21.   USER DATA

22.   ELECTRONIC COMMUNICAJDONS, TRANSACTIONS. AND SIGNATURES

23.  CALIFORNIA USERS AND RESIDENTS

24.   MISCELLANEOUS

25.  CONTACT US


1.  OUR SERVICES
 

The information provided when using tha Services is not intended for distribution to or use by any person or entity in any jurisdjction or country where such distribution or use would de contrary to law or regulation or which would subject us to any registration reguirement within such jurisdiction or counfry. Accordingly, fhose persons who choose to access the Services from other locations do so on their own

initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are nof tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FGSMA), etc.), so if your interactions would be subjected to such laws. you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-BliIey Acf (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS
 

Our intellectual property
 

We are the owner or the licensee of all intellectual property rights in our Services, Including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service manes, and logos contained therein (tfie "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through lhe Services "AS I5" for your

personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with I:fiese Legal Terfn,s, including the "PROH)B)IED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

•   access the Services; and

•    download or print a copy Œ any portion of the Content to which you have prôper)y gained access.

so)ely for your persona|, non-commercial use or intamal business purpose.


Except as set out in fhis section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated. transmitted

 
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: herz_und_sinn@yahoo.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure fhat any copyright or proprietary notice appears or is visible on posting, reproducing. or displaying our Content.


We reserve all rights not expressly granted to you in and to the Services. Content, and Marks.


Any breach of these Intellectual Property Rights will constitute a material breacfi of our Legal Terms and your right to use our Services will terminate immediate|y.


2/9

Your submissions

Please review this section and the ”PROHIBITED ACTI\4TIES” section carefully prior to using our Services to unders1and tfie (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree thet we shall ow+I this Submission and be entitled to its unrestricted use and dissemination for any lawfu| purpose, commercial or othem'ise, withou1 acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions

through any part of fhe Services you:

•   confirm that you have read and agree with our “PROHIBITED ACTlVlTIES™ and will not post, send, publish, upload, or transmit through the Services any Su Omission Inal is illegal, harassing, hateful, narmtul, fieJamatory, obscene, bullying, abusive, discñminatory. threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading-

•   to tfie extent permissible by applicable law, waive any end all moral rights to any such Submission:

•    warrant that any such Submission are original to you or that you haye the necessary righfs and |icenses to submit such Submissions and that you have full authority to grant us 1he above-mentioned ñghts in relation to your Submissions; and

•   warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3.   USER REPRESENTATIONS
 

By using the Services. you represent and warrant tfiat: (1) you have the legal capacity and you agree to amply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human mear+s, whether through a bot, script or otherwise; (4) you will not use fhe Services for any illegal or unauthorized purpose- and (5) your use of the Services will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).


4.  PRODUCTS
 
All products are subject fo availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subjecl lo change.


5.   PURCHASES AND PAYMENT
 
We accepf the following forms of payment
-   Visa
-  Mastercard

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information. including email address, paymenl method, and payment card expirafion date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchascs as deemed required by us. We may change pñces at any time. All payments sha|I be in CHF.

You agree to pay all chaipes at the prices When in effect for your purchaces and any applicable shipping fees, and you authorize us to cfiarge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in prici°8 been if we have already requested or received payment.

3/9

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quan fities purchased per pemon, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same paymenl method, and/or orders that use tfje same billing or

shipping address. We reserve fhe right to limit or prohibit ord=rs thai, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6.  REFUNDS POLICY
Please revieyY our Return Policy posted on tfie Services prior to making any purchases.

7.   PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for whicfi we make the Services available. The Services may not de used in connection wjfh any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of Ifie Services, you agree not to:
•   Systematically retrieye da ta or other content from the Services to crea te or compîle, direclly or indirecfly, a co|lection, compilation, datadase, or directory wilhout writtan permission from us.

•   Trïck, defraud, or mïsïead us and other users, especiaïly in any aÏtempt to ïearn sensitive account information such as user passwords.

•   Circumvent, disable, or otherwise interfere with security-related Features of the Services, including features that prevent or restrict the use or copying of any Conten t or enforce limitations on the use of the Services and/or the Content contained therein.

•   Disparage, tarnisfi, or otherwise fiarm. in our opinion, us and/or lhe Sœvices.

•    Uss any information obtained from the Services in order to harass, abuse, or

harm another person.

•   Make improper use of our support services or submit false reports of abuse or misconducfi

•   Use the Services ïn e manner inconsistent with any applicable laws or

régulations.

•    Engage in unauEhorized framïng of or linking to the Services.

•    Up|oad or transmit (or attenJpt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuons posting of repetîtive text), that interferes with any party‘s uninterrupted use and enjoymer t of the Services or modifie.s, impairs, disrupts, alters, or interferes with the use, fea dures, functions, operation, or maintenance of the Seryices.

•   Engage in any automated use of the sys tem, such as using scripts \o send comments or messages, or uaing any data mining, robots, or stmilar dafa gatÏlerïng and extraction tooÏs.

•   Delete the copyright or other proprietary rights notice from any Content.

•    Attempt to impemonate another user or pemon or use the username of another user.

•   Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, inciuding without limitation, cîear grapfjics interchange formats ("gifs"), 1 1 pixels. web bugs, cookies, or other similan deuices tsometimes reterred to as "spyware" or "passi've collection mechanisms" or "pcms").

•    Ïnterfere with, disrupt, or create an undue burden on the Services or the networks or services connecter to the Services.

•    Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any ponion of the Servjces to you.

•   Attempt to bypass any measures of the Services designed to prevent or restrict access to tho Services, or any portion of the Services.

•    Copy or adapt the Services' software, including but not limited lo FïaslJ, PHP, HTML. Javascript, or other code.

•   Except as permitted by applicable law, decipher, decompile, disassemble. or reverse engineer any of the software comprising or in any way making up a part of the Senrices.

•   Except as may be the result of standard search engine or Tnlernet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

•    Use a buying agent or purchasing agenI to make purchases on the Services.

•   Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose

4/9

of sending unsolicited emai|, or creating user accounts by automafed means or under false pretences.

•   Use the Services as part of any effort la compete with us or otherwise use the Services and/or the Content fOF any revenue-9e8eratinp endeavor or commercial enterprise.

•   Use the Services to advertise or offer to sell poods and services.

•    Sell or otherwise transfer your profile.

8.   USER GENERATED CONTRIBUTIONS
The Services does noI offer users to submil or post contenl. We may provide you with the opportunity to create, suDmit, post, display, transmit, perform, publish, distribute, or broadcast content and materiais to us or on the Services, including buf not limited to text, writings, v1deo, audio, photographs, graphics, comments, suggestions, or persona) in formation or other material (collectively, "Contñbu lions"). Conlributioris may be viewable by other users of the Services and through third-party

websites. As such, any Contributions you transmit may be treated in accordance with

fhe Services' Privacy Policy. When you create or make available any Contributions,

you thereby represent and warrant that:

•     The creation, distribution, Transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patenI, trademark. made secret. or moral ñghts of any third party.

•      You are the creator and owner of or have fhe necessary licenses, righ ts, consents , releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

•      You have the written consent, release, and/or permission of each and every identifiable individua) person in your Contributions to use the name or likeness of each and every such identifiable individual person fa enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

•     Your Contributions are nof false, inaccurate, or misleading.

•     Your Contributions are not unsolicited or unauthorized adverlising, promotional materials, pyramid schemes. chain letters, spam, mass mailings, or other

•     Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

•     Votir Cont+ibutions do not fidicule, mock, disparage, intimidate, or abuse

anyone.

•     Your Con fribu ions are not used fa harass or threaten (in the |ega| sense of tfiose terms) any other person and to promote violence against a specific person or class of people.

•     Your Contributions do not violate any applicable law, regelation, or rule.

•     Your Contributions do not violate the privacy or publicity rights of any third

party.

•      *our Contributions do not violate any appIical ie law concerning child pornograph y, or otherwise intended fo pro\ecf the health or well-being of

to race, national origin, gender, sexual preference, or physical handicap.

•      Your Contributions do not otherwise violate, or link to material that violates, any provision of fhese Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the Foregoing violates these Legal Terms and may result in, am°°9 other things, termination or suspension of your righfs to use the Services.

9.   CONTRIBUTION LlCENsE

you and Services agree that we may access, store, process, and use any lnformadon and personal data that you provide following the terms of the Privacy Policy and your choices (including sellings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownemhip over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Conlribuiions. We are not |iabIe for any statements or representations in your Contribufions provided dy you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain From any legal action against us regarding your Contributions.

10.   ADVERTISERS
We allow advertisers lo display their advertise ments and other information in certain areas of the Services, such as sidebar advertisements or banner adverttsemen Is. We simply provide the space to place such advertisements, and we haye no other relationship with advertisers.

 

11.   SERVICES MANAGEMENT
We reserve the right, but not the ob|igation, to: (1) monitor the Services for violations of these Legal Terms, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to |aw enforcement authorities; (3) in our sole discretion and without limitation, refuse, +es\rict access to, limit tfie availability of, or disable eta the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability. to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facififate 1fie proper functioning of the Services.

 

12.   PRIVACY POLICY

We care about data privacy and security. Please review our Privacy

Policy: https://app.Termly.io/dashboard/website/52992a90-db5a-49S7-88a4- 8a782b423c2c7privacy-policy. By using the Services, you agree to be bound dy our Privacy Policy, wk ich is incorporated into these Legal Terms. Please be advised the Services are hosted In the United States, United States, Uni ted Kingdom and Switzerland. If you access the Services from any ofker region of the yvorld with laws or other requirements governing personal data collection, use, or disclosure lhat differ from appJicabl e laws in the United States, United States, United Kingdom and Switzerland, then through your continued use of the Services, you are transferring your data to the United Sta tes, United Stafes, United Kingdom and Switzerland, and you expressly consent to have your data transferred to and processed in tlqe United States, United States, United Kingdom end SwtDerland.

13.    TERM AND TERMINATION
these Legal Terms shall remain in MII force and effect while you use lhe Services. WITHOU^ LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUD1NG BLOCKING CERTA) N )P ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENT TIon. wARaNn, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT AN° TIME. WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we ferrninate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, e'ven if you may be acting on behalf of the third party. In addition fo terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14.   MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modily, or remove the contents of the Services at any time or for any reason aE our sole discretion without notice. However, we haye no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable la you or any third party for any modif cation, price chanpe, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update. suspend, disconbnue. or otherwise modify the Services at any hme or for any reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the

6/9

Services duŃnØ any downtime or discontinuance of the Services. Nothing In these Legal Terms wiIÏ be construed to obligate ue to maintain and support the Services or to supp|y any corrections. updates, or Iø|eases in connection therewith.

 

15. GOVERNING LAW
These Lagal Terms are governed by and interpreted fol|owing the laws of Switzerland, and the use of the United Nations Convention of Ccintracts for the International Sales of Goods is expressly excluded. If your habitual resident is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Herz und Sinn and yourself boTfj agree to suömit to the non-exclusiye jurisdicùon of the courts of züricfi, which means thaÏ you may make a cÏaim to defend your consumer protection rights in regards to these Legal Terms in Switzerland, or in the EU country in which you reside.

 

16.    DISPUTE RESOLUTION
 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim re|ated to these Legal Terms (eąch a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectìvely, the "Parties"), the Parties agree to firsł attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30} days bgfore initiating arbitraùon. Sucfi informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Azbitzation
Any djspute arising from the relationships between the Parties to these Legal Terms shah be determined by one arbitrator wI'io will be chosen in accordance wifh the Arbitration and Internal Rules of the European Court of Arbitration being part oFthe European Centre of Arbitration having its seat jn Sïrasbourp, and which are ïn force at the time the appÏicafion for arbilraton is filed, and of y¥fiicfi adoption of this clause constitutes acceptance. The seat of arbitration shaI) be züricfi, Switzer|and. The language of the proceedings shall be german. Applicable rules of substantive Ïaw shall be Me ïaw of SwiDerlanö.

 

Restrictions
The parties agree thai any arbitration shall be limited to the Dispute between the Parties individually. To tne fuIÏ extent permitted by law, (a) no arbitration shall be joined with any other proœeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basjs or to utilize class action procedures; and (c) there is no ñght or authority for any Dispute to be brought in a purported representative capacity on behaïf of fhe general public or any other persons.

 

Exceptions to Inform al Negotiations and Arbitration
The Parties agree thai the following Disputes are not subject to the aboye provisions conœrning informal nego1iations binding arbibałion: (a) any Disputes seeklnp to enforce or protect, or concerning The validity of, any of the *ntellectual property ñgfits of a Party; (b) any Dispute related fo, or arising from, allegation of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If his pzoyision is found to be Illegal or unenforceable, then neither Party wi]I elect to arbitrate any DİSpule falling within that portion of this provision found to be illegal or unenforceable and such Dispute sha|l be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, ar+d the Parties agree to submit to Ifie personal juŃsdiction of that court.

 

17.    CORRECTIONS
There may ğe information on the Services that contains typographical errors, inaccuracies, or omissions, including descripńons, pricing, availability, and various other inforrriation. We reserve fhe right to correct any errom, inaccuracies, or omissions and to change or update the information on the Services af any time, without prior notice.

 

18.   DISCLAlMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND A6AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED B\' LAW, WS DIS CLAIM ALL WARRANTIES, MPRESS OR IMPLIEO, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO L\A0ILITY OR RESPONWBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSOINAL I IJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES'. {3) AND UNAUTH ORtZEO ACCESS TO OSI USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCPAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (fi) ANY BUGS. VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO

OR THROUGH THE SERVICES BY ANY MIRD PARTY, ANO/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE \/IA THE SERV|CES. WE DO NOT WARRANT. ENDORSE. GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SFRVICES, ANY HYPERLII KED WEBSITE. OR ANY WEBSITE OR MOBILE APPLICATION FEAMRED IN ANY BANNER OR OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN ANY WAY OE RBSPONE+ABLE FOR MOUSTORING ANY TRANSACTIOfJ BETWEEN YOU AND A JY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROLIGH ANY MEO1UM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

19.   LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EIVÎPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OJRECT INDIRECT, CONSEQUENTîAL, EXEMPLARY, INCIDENTAL. SPECIAL, OR PUN£TTVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOIS OF DATA, OR OTHER DAMAGES ARISING FROM 'YOUR UGE OF THE SERVICES, EVEN IF WE HAVE BEEN ADV1SED OF THE POSSIBILITY OF SUCH OAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRAR CONTAINED HEREIN. OUR LIABILîTY TO YOU FOR AN‘/’ CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION. WILL AT ALL JAMES BE LîMtTED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE MO (2) MONM PEROD PRIOR TO ANV CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIM1TATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATîON OF CERTAIN DAMAGES. fF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVF DfSCLAIMERS OR LIMITAT1ONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subeidlarie6, affiliates, and all of our fespecfive officers, agents, paMers, arid employees, from and against any loes, damage, liability, claim, or demand, including masonable aarnays’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) oreach of these Legal Tams; (3) any breash of your representations and warranties set forth in these Legal Terms: (4) your violadon of the rights of a third party, including but not limited to intellectual property rights; or (5) any oyert harmful act toward any other user of lhe Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to aesume tlje exQusive defense and contrd of any matler for which you are required to lndemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable effoM to notify you oF any ouch claim, action, or proceeding which is subject to this indemnification upon becoroinp aware of it.

21.   USER DATA
\ñ/e will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of fhe

'ervices. Although we perform regular rouline backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken usjng the Seryices. You agree that we shall have no liability to you for any loss or corruption of any such data, and you heredy waive any rlght of action against us arising from any such loss or corruption of such data.

 

22.   ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completinq online forms constituIe electronic communications. You consent to receive electronic communications, and you agree thaI all agreemenis, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal

ri=n,i irement thai .such communication be in writing. YOU HEREBY AGREE TO THE US E OF ELECTRONIC SIGNATURES , CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLIC YES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SERVICES. You hereby waive any rights or requirements under any statutes. regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-elecfronic records, or to payments or the granting of credits by any means other than electronic means.

 

23.    CALIFORNIA USERS AND RESIDENTS
If any complaint wifh us is not satisfactorily resolyed, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Departmenf of Consumer Affairs in writing at 1625 North Market 8|vd.. Suite N 112, Sacramento, California 95834 or by telephone at (800) B52-5210 or (9'I6) 445-1254.

 

24.       MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respecf to the Services constitute the enfire agreement and understanding between you ance us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligaltons to olhers at any time. We shaI| not be responsible or liable for any Toss, damage, delay, or failure to act caused by any cause beyond our reasonab|e control. If any provision or part of a provision ofl these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Lega} Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership. emp|oyment or agency relationship created beMeen you and us as a result of these Legal Terms or use oF the Services. You agree that jhese Legal Terms will not be construed against us by virtue of having drahed them. You hereby waive any and aI| defenses you may have dased on the electronic form of these Lega| Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

25.   CONTACT US
In order lo resolve a complaint regarding the Services or to receive further
information regarding use of the Services, p]ease contact us at:

 

Herz und Sinn
Stadlerstrasse, 40
Seuzach, Zurich 8472
switzerland
Phone: 0041 79 286 51 49
herz_und_sinn@yahoo.com

-------------------

PRIVACY POLICY

Last updated February 22, 2024


This privacy police for Herz und Sinn ('we’, ’us', or ’our'), describes how and why we might collect, store, use, and/or sharu (‘process') your information when you use our services (’Services‘), such as when you:

•     Visit our webs ite at https:/merzundsinn.mydigibiz24.com/preview/40b960f6- 00b7-4355-a65a-De7f3da1204e/e904c65b248c1552c8bcf8834093e75f, or any website of ours that links to this privacy notice

•    Engage with us !n other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any guesfions or concerns, please contact us at herz und sinn@yahoo.com.

SUMMARY OF KEY POINTS

out more detarFs a6out any of these fopics 6y c/Peking the link No//owing eacfi key point or fy using our table of contents Oefow to find fire section you are looking for

What personal information do we process 2 When you visit, use, or navigate our Services, we may process pe+sonal informafion depending on how you interaM with us and the Services. fhe choices you make, and the products anrl features you use. Learn more about personal information you disclose to us.

Do we proces s any sensitive persona{ information? We do not process sensifive personal information.

Do we receive any information from third parties? We do nod receive any information from third parties.

How do we process your information? we process your information to proyide, improve. and administer our Services, communicate with you, for security and fraud prevention. and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a va]id

legal reason to do so. Learn more about how we process your information.

In that situations and with which types of parties do we share personal information? We may share Information in specific situations and wifh specific categories of third parties. Learn more aboul when and with whom we share your personal information.
 
How do we keep your information safe? We have organisational and technica) processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed fo be 100ââsecure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, s teal, or modi fy your information. Learn more nbout how we keep your information safe.

What are your rights? Depending on where you are located geographically. the applicable privacy law may mean you have cenain riphts regarding your personal

information. Learn wore aOoul your privacy regulations

How do you exercise your ri ghts? +he easiest way to exercise your righls is by wishing http://www.herzundsinn.com, or by cuntactin g us. We will consider and act upon ony requesI in accordance ›\ ith appIlcab]e data protection laws.
Want to learn more about what we do with any information we coI)act? Review the

privacy notice in full.

TABLE OF CONTENTS
 

1.  WHAT INFORMATION DO WE COLLECT?

2.  HOW DO WE PROCESS YOUR INFORMATION?

3.   WHAT LEGAL BASES DO WE PELT ON TO PROCESS YOUR PERSONAL INFORMATION?

4.  WHEN AND WITH WHOM DO WE SHARE YOUR ERSONAL INFORMATION ?

5.  IS YOUR INFORMATION TRANSFERRED INTERNATJ ONA LLY?

6.  HOW LONG OO \NE SEE° '/OUR INFORMATION?

7.  HOW DO WE KEEP YOUR INFORMATION SAFE?

8.  WHAT ARE YOUR PRIVACY RIGHTS?

9.  CONTROLS FOR DO-NOT-TRACK FEATURES

10 DO UNITED STATES RESIDENTS HAVE SPECILIC PRI\/ACY RIGHTS?

11.  DO OTHER REGIONS HAVE SPEC]FIC PRIVACY RIGHTS?

12.   DO WE MAKE UPD/\TES TO THIS NOTICE?

13.  HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14.  HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1.  WHAT INFORMATION DO WE COLLECT?
 

Personal information you disclose to us
We collect person al informa tion that you voIuntarity provide +o us when you express a+ merest in obtaining in formation about us or our products and Services, when you participate in activities on the Services, or othev?se wheel you contact us.
PersonaI Information Provided by You. The personal information that \ve collect

depends on the ccnlexl of your interactions with us and the Serv ices, the choices you rnaka, and Ihe prodLicls and features you use The personal inforlratio n we cotlocl

may incIude the following:
•     email addresses
•     debitscredit card numbers
•     contact 'at authentication data
•     billing addresses
Sensitive Information. We do not pocuss sensitive information

Pay Trent Oata. S\m may collect data nocessar\ to process your paymenI if you make prircl'ases, such as your paymenI instrunJen I nuns ber, and lhe security code

osscialed with your pay ment lnstrumen t. Aii payment dala is s torod by                                                                                                                                     

You may find their privacy no tice link(s) here°'                _.
All personal information that you provide to us must be true, complete. and accurate, ated you must notify us of any changes to such personal information.
Information automatically collected

In Short: Some ini°or/ natTun — such as your TiJternet Profocof {IP) aodress and7or browser a.nd device cñaracrer*st/cs — is cc/leered automar/ca//y n'hen you visit our Services.

Services. This information does nol reveal your specific idenfity (like your name or contact information) but may include device and usape information, such as your IP address, browser and device characlerisfics, operating system, language preferences. referring URLs, device name, country, location. information about how and when you use our Services, and ofher (echnical infcirmafion. This information is primarily needed to maintain fhe secuñty and operation of our Services, and for our internal analytics and reporting purposes.
 

The informal)on we collect includes:

•   Log and Usage 0a/a. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when
you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP addrefs, device information, browser type. and sellings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and lifes viewed. searches, and other actions you take such as which features you use), device event information (such as system activily, error reports (sometimes called ’crash dumps’), and hardware settings).

•    Device Data. We colTecf device data such as information about your computer, phone, tablet, or otfier device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, locafion. browser type. hardware model, Internet service provlder and/or mobi|e carrier, operating system, and sysfem configuration information.

•   Location Oata. We collect |ocation data such as information about your device's location, whiCh can be either precise or imprecise. How mucfi information we coI|ect depends on the type and seltings of the device you rise to access lhe Services. For examp|e, we may use GPS and other technologies to cof|ect geolocation data that tells us your current location (based on your IP address). You can opt out of allow:'no us to collect this information either by refusing access to the information or dy d:'cabling your Location setling on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2.  HOW DO WE PROCESS YOUR INFORMATION†
 
In S|)ort.• We process your in/ormat/on /o provide, improve, and administer our Services, communicate w*fñ you, for securely and Fraud prevention, and to comply with law. Vile may also process your inlormat!on for other prposes yzifñ your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, incTuding•
•     To deliver and facilitate delivery of services to the user. We may process

your information to provide you with the requested service.

•     To respon d to user inguiries/offer support to users. We may process your information fa respond to your Inquiries and solve any potential issues you mighI have wilh the reques leg service.

•     No send administrative information to you. We may process your informafion to send you details about our products and services, changes to our terms and policies, and other similar information.

•     To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.

•      To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communicafion with anolher user.

•      To save or protect an individual's vital interest. We may process yaur information when necessary to save or protect an individual's vital inMerest, such as fo prevent harm.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In thort: We onl'y process your personal infom›ation wtien we betraye it is necessary and we he ve o valid legs1 reosofi (i.e. le9oI basis) to do so under applicable Inw, like will your consent, to comply with laws, to provide you with services io enter into or

fulfil our confractua/ o6/igar/ons, /o project your rig//fs, or to Gulf/ our legitimate

business interests.

ip{ vo u are foes ted in the EN or UK. fms section applies to row 

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid (egat bases we rely on in order to process your personal information. As such. we may rely on the following legal bases to process your personal Information:

•    Consent. We may process your information if you have giyen us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
•    Performance of a Contract. We may process your personal information when we believe it iS necessary to fulfil our contractual obligations to you, Including providing our Services or at your request prior to entering into a contract with

•   Legal Obligations. We may process your information where we believe il is necessary for compliance with our legal obligations, such as to cooperate wkh a law enforcement body or regulatory agency, exorcise or defend our legat n9hts, or diseiose your informatlon as evidence in litigation in which we are involved.

•    Vital interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as siluations involving potential threats to the safety of any person.

If you are located in Canada, this section aoofies fo you 

We may process your information if you have given us specific permission (i.e, express consent) to use your personal infprmation for a specific purpose, or in situations where your permission can be inferred (i.e. implied consent). You can withdraw your consent at any lime.

In some exceptional cases. we may be legally permifted under applicable law fa process your ‹nformation without your consenf. including, for example:
•   If collection is clearly in the jnlerests of an individual and consent cannot be obtained in a timely way

•   For investigations and fraud defection and prevention

•   For business transactions provided certain conditions are met

•    If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim

•   F¢ir identifying injured, ii), or deceased persons and communicating with next

•   If we fiave reasonable grounds to believe an individual has been, is, or may be vict m of financial abuse

If it is reasonable to expem collection and use with consent would compromise the availability or the accuracy of the informafion end the collection ’is reasonable for purposes related to Investigating a breach of BD a8^ ernent or a

•   |f disclosure is required to comply with a subpoena, warrant, court order. or rules of the court relating fo the production of records

•    If jt was produced by an individual in the course of their employment, business, or profession and fhe collec5on is consistent with the purposes for which the information was produced
•   If the collection is solely for journalistic, artistic, or literary purposes

•    If the information is publicly available and is specified by the regulations

. rfinWrs MrsM rrŁ Łn rflnWŁYŁ MW rrN anZKNN T WuPS

PERSONAL INFORMATION?
In Slaort: We may share information in specific sifua//ons desciibed in this section and/or wife Iha following categories of third parties.
Vendors, Consultants, and Other Third•Party Service Providers. We may share your data with third-party vendors, service providers, anlractors, or agents ('third parties’) who perform services for us or on our behalf and require access To such information fo do that work. We have contracts in place with our third parties, which are designed to help saTepuaid your personal Information. Tfiis means mal they cannot do anything witln your personal information unless we have instructed them to do it. Tnay will also not share your personal information wilfi any organisjstion apart from us. They also commit to protect tlne data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal informalJon with are as follows:

•   User Account Reqistration 8 Autlnen\ication Services
•   Payment Processors

•   Sales & Marketing Tools
•   Commu0ication & Collaboration Tools
•   Ad NeMorł‹s
•   Data Analytics Services
•   Finance & Accounting Tools
We also may need ro sŁiare your personal information in the following situations

•   Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

•    Atfiliątes. We may share your intormation witfi our affiliates, in which case we will require tfiose aff+Iiates to honour this privacy notice. Affiliates include our parent company and any subsidiar*es, jo!nt venture partners, or other companies that we control or that are under common controT with us.

•   Business Partners. We may share your information with our business partners to oPer you certain products, services, or promotions.

5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY
in Short, Vl/e may transfgr, store, and proness your in/o/mafion in countńes other

 Our servers are located in Switzerland, Austria, United States, United Kingdom, Germany, and Spain. If you are accessing our Servlces from outside Switzerland, Austria, Unifed States, United K ngdom. Germany, and Spain, please de aware fhat your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see ’WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL IIgj"ORMATION?'

adove), in Switzerland, Austria, United States, United Kingdom, Gemany. Spain, and other countries.

f you are a resident in the European Economic Area (EEA), United Kingdom (UK). or Switzerland, then these countries may not necessari|y have data protection laws or other similar laws as comprehensive as those In your cauntry. However, we will take a|I necessary measures to protect your personal information in accordance wilts this privacy nance and applicable law,

European Commission's Standard Contractual Clauses:

We have implemented measures to protect your personal information, including by using the European Commission's Standard Contractual Clauses for fmnsfers of
party providers. these clauses require all recipients to protect all personal ”'’” Information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be pravJded upon request.

EU-US and Swiss-US Pñvacy Shie4d Frameworks

We comply wirh the EU-US and Swiss-US Privacy Sh eld Frameworks as set forth by the US Department of Commerce regarding the collection. use, and retention of persona| information transferred from the European Union (EU), the UK. and Switzerland to the United States. Although Privacy Shield is no longer considered a valid transfer mechanism for the gurgoses of EU and Swiss data protection la'a/, in light of the i°dgement of the Court a! Justfce of the European Union in Case C- 311/18 end opinion of the Federal Data Protection and Information Commissioner of

SwiQerland dated 8 September 2020, we will continue to comply with \tie principles of the EU-US and Swiss-US Privacy Shield Frameworks. Learn more about tfie Privacy Shield program.

We adhere to and comply witfi the Privacy Shield Principles when processing pe+sob ir+formation Tram the EU, UK, or Switzerland. If we have received your personal information in the United States and subsequently transfer that informa1ion to a third party acting as our agent, and such third party agent processes your personal information in a manner inconsistent with the Privacy Shield Prln¢iples, we will remain liable unless we can prove we are not responsible for Ehe event giving yse to the damage.
With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the investigatory and enforcement powers of the US Federal Trade Commission (‘FTC'). In certain situations, we may be required to disclose personal information in response la lawful requests by public authonties, including to meef national security or law enforcement requirements.
TJ you have any questions or concerns relating to our Privacy Shield certification, please write fa us at the contact details below. We commit to resolving any complaints or disputes about our collection and use of your personal information under the Privacy Shield. However, if you have an unresolved complaint in connection with our certification, we commit to cooperating witti the panel established by the EU data protection authorities (DPAs), the UK lnformation Commissioner, and the Swiss Federal Data Protection and Information Commissioner, as applicable, and to comply with the advice given by them in respect of the complaint. See the following Iis1 of EU DPAs.
In limited situations, EU, UK, and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
Please be sure to revie' the following sections of this privacy notice for addi1ional details relevant to our participation in the EU-US and Swiss-US Privacy Shield:

•    WHAT INFORMATION DO WE COLLECT? To Team more about Ifie tyAes of
personal data we collect
•   HO\ñ/ DO WE PROCESS YOUR INFORIVIATION? To learn more a6ou/ ie

purposes for whictl we cot/em and use pemonal informs flan about you.
•   WHEN ANO WITH WHOM DO WE SHARE 'Y'OUR PERSONAL

INFORMATION? No /eam more about the lype or idenûty of tlJird parties to wtiich we disclose personal information. and lie purposes for wfiich we do so.

•   WHATARE YOUR PRIVACY RIGHTS2 To team rnoie about ttle right of individua]s lo access //le/r persanal da
 

6.  HOW LONG DO WE KEEP YOUR INFORMATION
 

In Short: We keep your information fur as long as necessary to Fu///7 /fie purposes

ouf//ned in tfjis privacy noGce un/est ofhenyiee required by law.
 

 We will only keep your personal information for as |ong as it is necessary for tile purposes set out in tfiis privacy nofiGe, r4nless a |onger retention period is required gr

permilted by law (such as tax, accounting. or other legal reguirements). No purpose in fhis notice will require us keeping your personal fnformafion for longer 1han j year.

When we fiave no ongoing |egitimate business need to process your personal information, we will either delete or anonymise such information, or, if this Is not possible (for example. because your persona] information has been stored in backup archi\res), then we will securely store your personal information and isolate it from any further processing until deletion is posslb\e.

7.  HOW DO WE KEEP YOUR INFORMATION SAFE?
 
in S oct: W‘e a'm fa pro/ecfyourpersona/ ïnforzr/af/on Simon/gh a sys/em of

organisation al and technical securtty measures.

We have implemented appropriate and reasonable technica| and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission ovar the Internet or informafion storage lecfinology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers. cybercrtminals, or other unautfiorioed third parties will not be able to defeat our security and improperly collecf, access, sleal, or modify your information. Although we will do our best to protect your personal information. transm1ssion of personal inforrriation to and from our Services Is at your own risk. You should only access the Services within a secure environment.

 

8.  WHAT ARE YOUR PRIVACY RIGHTS?
 

tn Sfiort: In some regions, such as the European Economic Area (EEA), L/nifed Kingdom tL/Kj, Srv7/zer/and, and Canada, you have rigors fhaf a/low you greaFer access fo and coiJ/rof over your personal information. You may review, change, or terminate your account at any time.

 

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include lhe rigfit (i) to requeef access and obtain a copy of your personal information, (ii) to request rectification or ensure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability: and (v) not to be subject fo aulomated decision- making. In certain circumstances, you may also have tfie right to object to the processing of your personal information. You can make such a request by contacting us by using the confact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICES' below.

 

We will consider and act upon any request in accordance yith applicabie data protection laws.

 

If you are located in the EEA or US and you believe we are unlawfully processing your personal information, you also have the right to complain la your Member State data protection authority or UK data protection authoñty.

 

If you are located in Switzeñand, you may contact the Federal Oaa Protection and Information Commissioner.

Withdrawing y             e t If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable lav/, you haye the right to wifhdraw your consent at any lime. You can withdraw your consent at any time by contacfinq us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.
 However. please note that this will nor afleet the lawfulness of the grocening before its withdrawal nor, when applicable law a1]owc, will iE affect the processing of your personal information conducted in reliance on lawful processing grounds other than

@marketing and  You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the seclion 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below. You will tfien be removed from the marketing lists. However, we may still communicate with you — for exame, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other marketing Purposes. If you have questions or comments about your privacy rights, you may emai] us at herz_und sinn@yahoo.com.

 

9. CONTROLS FOR DO-NOT-TRACK FEATURES
Mast web browsers and some mobile operating systems aod mobile applications include a Do-Not-Track (‘DNS) feafure or setting you can activate to signal your privacy preference not to have data about your online browsing activities monltored and collected. At this stage no uniform fechnology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism fhat automatically communicates your choice not to be Kacked onlfne. If a standard for online tracking is adopted that we must foltow in It\e Mture, we will inform you about that piaetice in a revised version of this privacy notice.

 

10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In S|tort: l(you are a resident a(California, Colorado, Connecticut, Ufa/j or Virginia, you are granted specific rights regarding eccess to your personal iraOriwaf/on.

What categories of personal information do we collect?

we have collected the following categories of personal information in the past rwelve (1Z) months:

Category
Examples
Collected
 

 

4. Identifiers
Contacf details, such as real name, alias, postal address, telephone or mooile contact number, unique personal iden\ifier, online identifier, Internet Protocol address,
email address. and account name
 
NO
B. Personal information as defined in the California customer Records stalute
Name. contact information, education, employment, employment history, and financial information

NO
C. Protected classification characteristics under state

or federal law
 
Gender and dale of birth

NO
0. Commercial information
Trar+faction information, purchase history, financial details, and payment informa1ion
 
 

E. Biometric information

Fingerprints and voiceprints
 

NO

F. Internet or other similar network activity
Browsing history’. search history, online behaviour, interest data, and interactions with our and other websites, applications,

systems, and advertisemenfs
 

NO
G.Geolocaendaa

Deyice location

NO
H. Audio, electranic, visual,

lhermal, olfactory, or similar nformation
Images and audio, video or call recordings

created in corirjectiop with our business

activities
 

NO
I. Professional or emp|oyrnent-related nformation
Business contact details in order to provide you our Services at a business level or job title, w'ork history. and professional qualificafions if you apply for

a job with us

NO
 

J. Education Information
Student records and directory information
 

NO
K. Inferences drawn from collected personal
Inferences drawn fiom any of the ooI|ected personal information listed abave to create
 

”

inTormaiion


a pfofiTe Or sumngary aOOut, TOr oXamQTe,

 an individual's preferenœs and characteristics


We witl use and retain the collected pgrsonaT information as needed to provide the Services or for.

•     Category B - As Iong as the user has an account with us

 

•     Category K - As Iong as fhe user has an account with us


We may also collect other personal informalJon outside of these categories through instances where you interact wifh us in person, online, or by phone or mail in the context of:

•     Receiving help through our customer support channels;

•     Participation in customer surveys or contests: and

•     Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

Leam about how we use your personaf information in Ihe sectian, 'HOW DO WE PROCESS YOUR INFORMATION?'


We collent and share your persona) infomJa tion through:

•     Targeting cookies/Marketing cookies
•     Social media cookies
Will your information be shared with anyone else?


We may disclose your persona| information wish our service providers pursuant to a wr1ften contract between us and each service provider. Learn more about how we disclose personal information to in the section, 'WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?'

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstrafion. This is nol considered to be 'selling' of your personal information.

We have disclosed the following categories of persona] information to third parties for a business or commercial purpose in tfje preceding h've1ye (12) mon ths:

The categories of fhird parties to whom we disclosed person aJ information for a business or commercial purpose can de found under 'wH EN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?'

We have sold or shared fhe following categories of personal information to third parties in the preceding twe]ve (12) months:
The categories of third parties to whom we sold persoria| information are:

•     AfiIlate Marketing Programs
•     Data Analytics Services
•     User Account Registration & Authentica tion Service

The categories of third parties to whom we shared personae information with are:

 

•     Affiliate Marketing Programs
•     Data Analytics Sen'ices
•     User Account Registration & Au thentication Services
•     Retargeting Platforms

California Residents
California Civil Code Section 1798.83, also known as tfie ‘Shine The Light’ law permits our users who are California resjdents to request and obtain from us. once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and tlje names and addresses of all third parties with which we shared personal information in the immediate\ preceding calendar year. )f you are a California resident and would Ijke to make such a request, please submit your request in writing to us using the confact information provided below.

 

If you are under 18 years of age, reside in California, and have a registered account with the Services, you fiave the rigfiI to request removal of unwanted data that you publicly posi on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated wifh your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, buI please be aware fhat the data may nol be completely or comprehensively removed from all our systems (e.g. barups, etc.).

 

CCPA Privacy N  c
This section applies only to California residents. Under the California Consumer Privacy Act (CCPA), you have the rights listed delow.

The California Code of Regulations defines a ‘residents’ as:
(1)  every individual who is in the State of California for other than a temporary or fransifory purpose and

(2)   every individual wfio js domiciled in the State of California who is outside the Sfate of California for a temporary or transitory purpose

ATT other individuals are defined as non-residents'.

If this definition of ‘resident’ applies to you. be must adhere to certain rigfits and
obligations regarding your personal information.

Your rights with respect to your personal data

Rght to request gelelion of rhe data — Request to delete 

You can ask for the delegon of your personal information. If you ask us Io delete your personal information, we will respect your request and delete your pemonal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requiremenfs resulting from a legal obligalion, or any processing that may be

required fo protect against illegal activities.
 Rqfit to be informed — Request to know

Depending on the circumstances, you have a right to know:

•     the categories of personal information that we collect;
•     the purposes for which the collected personal informalJon is used;
•     whether we sell or share personal information to third partys;
•     the categories of personal information that we so|d, shared, or disclosed for a
business purpose.
•     lhe categories of third parties to whom the personal informaGon was sold, shared, or disclosed for a business purpose;
•      the business or commercia) purpose for collecting, selling, or sharing persona) information; and
•     the specific pieces of personal information we co|Iected about you.

In accordance with applicab|e law, we are not obligated to provide or de]ete
consumer information that is de-identified in response to a consumer request or to re-

Rght fo Non-DiscriminIation for the Exercise of a Cansumer's Privacy Rig5 We will not discriminate against you if you exercise your privacy rights.

Flgfit to Limit Use and 0is¢Josure of Sensitive Personal Information
We do not process consumer's serjsifive personal information.

Verfraponpocess
Upon receiving your request, we will need to verify your identity to detenñine you are the same person about whom yve have the information in our system. These verification efforts require us to ask you to provide informatian so that we can match il wifh information you have previously provided us. For instance, depending on the lype of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we aIready have on file. or we may con tack you IN rouQh a communica hon metfjod (e.g. phone or erriail) ChaI you have previously provided to us. We mdy alsp use other verifica lion methods as the circumstances dictate.

\^/e wJl only use persanal infonriation provided in your request to veñfy your identity or authority to make the request. To the extent possible, we wil) avoid requesting additional information from you for the purgosas of verification. However, if we cannot verify your identity' from the information already maintained by us, we may request that you provide additional information for idle purposes of veñfying your Identity and for securlty or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other Privacy rigs

•     You may object to the processing of your personal intormation.
•     You may reguest correction of your personal data if it is incorrect or no longer relevanI, or ask la restrict lhe processing of the information.
•      You can des1gnafe an authorised agent to make a request under the CCPA on your behalf. We may deny a request from as authorised agent that does not submit proof that they haye been validly autharised to act on your behalf in accordance wifh the CCPA.
You can opt ou1 from the selling or sharing of your personal informafion by disabling caoXies in Cookie Preference Setflags and clicking on Ifie Do Not Sell or Share fyjy Personal Information tink on our homepage.
To exercise tfiese rights, you can contact us by »isi\Ing http://www.herzundsinn.com, by email af herz_und_sinn@yahoo.com. or by referring to the contact details at fhe bottom of his document. If you have a complaint alaout how we handle your data, we would like to hear from you.

Colorado Residents
 This section applies only to Colorado residents Under the Colorado Privacy Act (CPA), you have the rights listed below. However, these rights are not absolute, and in certain ¢ases, we may decline your request as permitted by law.
•     Right to be informed whether or not we are processing your personal data
•     RigM to access your personal data
•     Right to correct inaccuracies in your persona) data
•     Right a request deletion of your pefsona| dafa
•     Right to obtain a copy of the personal data you previously shared wilfi us
•     Rigfjt to opt out of the processing of your pemonal data if i] is used for targeted advertising, the sale of personal deta, or profiling in furtherance of decisions that produce legal or similarly significant effects ('profiling')
We sell personal data to third parties or process persona} data for targeted

If we dec|ine {a take acfion regarding your request and you wish to appeal our decision, please email us af herz und sinn@yahoo.com. Within forty-five (45) days of receipt of an appeal, we will inform you in wnting of any action taken or not taken in response to the appeal, including a wriften explanation of the reasons for the decisions.

Connecticut Residents
 This section applies only to Conneclicul residents. Under the ConnecticuŁ Data
Piivacy Act (CTDPA), you have the ñghts listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permïtted by law.

•     Right to be informed whether or not we are processing your personal data
•     Right to access your personal data
•     Right to correct Inaccuracies in your personal data
•     Right to request deletion of your personal data
•     Right to obtain a copy of the personal data you previously sfiared with us
•     Right to opt out of the procescing of your personal data if it is used for targeted advertising, the sale of personal dala, or profiling in furtherance of decisions fhat produce legal or similarly significant effects (’profiling')

We sell personal data to third parties or process personal data for targeted advertising. You can opt out from the selling of your personal data, targeted advertising, or profiling by disabling cookies in Cookie Preference Settings. To submït

arequesloexerćse anyot+he okerlghtsdescrbedabove.pease email
herz und sinnQyahoacomorvisi|h#p.Ywww.herzundsinn.com.

If we decline to take action regarding your request and you wish to appeal our decision, please email us at herz und sinn@yahoo.com. Within sixty (60) days of r+ceipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written expTanątion of the reasons for the decisions.

Utah Residents
This section applies only to Utah residents. Under fhe Utah Consumer Privacy Act (UCPA). you have the ûphts listed below. However, these ñphts are not absolute, and in certain cases, we may decline your request as permitted by law.
•     Right to Ice informed whether or not we are processing your personal data
•     Right to access your personal data
•     Right to request deletion of your personal data
•     Right to ob1aïn a copy of tŁie personal data you previously shared with us
•     Right to alat out of the processing of your personal data it it is used for targeted advertising or the sale of personal data

We sell personal data to third parties or process personal data for targeted adverlising. You can opt out lîom rhe selling of your person al dala or targeted advertising by disabling cookies in Cookie Preference Settings. To submİl a request to exercise any of lhe other righIs described above, please email herz und sinn@yahoo.cont or visit http://www.herzundsinn.com.

Virginia Residents
Under the Virginia Consumer Dala Projection Act (VCDPA):
Consumer’ means a nafural person who is a resident of the Commonwealth acting only in an individual or household context. It does no1 indude a natural person acting in a commercial or employment context.
Personal data’ means any information that is linked or reasonably |inkabTe fo an idenfified or identifiable natural oerson. 'Personal data’ does not include de-idenfified data or publicly avaiIab\e information.

12/14
consideration.
f this definition of 'consumer' applies to you, we must adhere to certain rights and obligations regarding your persona) data.
Your righfs wfth resnect 1o vorjr personal dptu

•     Right to be informed whether or not we are processing your personal data
•     Right to access your personal data
•     Ríght to correct inaccuracies In your persona) data
•     Right to request deletion of your personal data
•     Right to obtain a copy of the personal dafa you previausly shared with us
•    Right to apt out of Me processing of your persona) data if it is used for Targeted adVer^•*89.       Ie of personal data, or profiling in furtherance of decisions that product legal or similarly significant effects ('profiling')

We seI} persona) data 1o third parties or process personal data for targeted advertising. Please see the fohowing section to Gnd out how you an opt out from further selling or sharing of your personal data for targeted advenising or profiling purposes.

Exercise Your rights nrpvided under the Virginia VCDPA
You can opt out from the selling of your personal data, targeted advertising, or profiling by disabling cookies in Cookie Preference Settings. You may contact us by email af herz und cinn@yaftoo.com or visit http:7/www.herzunds)nn.com.

If you are using an authorised agent to exercise your rights, we may deny a request if the authorised agent does nof submit proof that they haye been validly authorised to act on your behalf.

Verification process
We may request thaI you provide additiona) information reasonably necessary to verify you and your consumer‘s reguest. If you submit the request through an authorised agent, we may need to Collect additional information fa verify your identity betore processing your request.

Upon receiving your request, we 'wiH respond without undue delay, but in all cases, within forty-five (45) days of receipt The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

]f we decline to take action regarding your request, we wilt inform you of out decision and reasoning behfnd it. If you wish to appeal our decision, please email us at

herz und sinn@yaLioo.com. Within sixty (60) deys of receipt of an appeal, we will

inform you in wñting of any action taken or nod taken in response to fhe appeal, including a wriftan eyp)anation of the reasons for the decisions. If your appeal is deniad, you may contact the Adomey General to submit a complaint.

 

11. DO OTHER REGIONS HAVE SPECIFIC PRIVACY RIGHTS?
In Short.- You may have addilional rigttts 6ased on the country you reside in.

 

Australia and New Zealand
We collecf and process your personal information under the obligations and condhions set by Australia’s Privacy Act 1988 and New Zealand's Privacy Act 20g0

This privacy notice satisfies the notice requirements defined in both Privacy Ac1s, in particular: what personal inforrriation we collect from you, from which sources, for

-- — -                                       . .' .....     »_. .                                                13/14

If you do not wish to provide the personal information necessary to fulfill their spplicahle purpose, it may affect our ability to provide our services, in particular:

•   offer you the products or services that you want
•   respond‹oorneppihyourequels
At any time, you have the ñght to request access to or correction of your personal information. You can make such a request dy contacting us by using the contact details provided in the section ’HOW CAN yOU REVtEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?'
If you believe we are unlawfully processing your personal information, you have the ripht to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Austmlian Information Commissioner and a dreach of blew Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner.

Republic of South Africa
At any time, you have fhe right to request access fo or correction of your personal information. You can make such a request by contacfing us by using Ihe contact details pro'vided in the section ’HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?’

If you are unsalisfied wifh fhe manner in which we address any complaint with regard to our processing of personal information, you can contact the office of the regulator, the details of which are:
The Information Regulator (South Africa)

General enquiries: enquiries@inforegulator.org.za Complaints (complete POPIA/PAIA form

5) PAlACompIaints@inforeg ulator. org.za & POPlACompIaints@inforeguIator.org.za
12.  DO WE MAKE UPDATES TO THIS NOTICE?
In Sfiorl: Yes, we wi// update loïs rTo/ice as necessary to s/ay conJp/iani vzilfi relevant

We may updale this privacy notice frorri time fo time. The updated version will be indicated by an updated ’Revised’ date and the updated version will be effective as soon as it is accessidle If we make material changes to th s pri'vacy notice, we may notify you eitfier Dy prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13.  HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or commente about this notice. you may email us at

Herz und Sinn
Stadlerstrasse, 40
Seuzach, Zürich 8472 SwitzerÏand

14.  HOW CAN YOU REVIEW, UPDATE, OR DELETE THE
my sensitive personalinformation Do not sell or share my personal information Consent Preferences

you have the right to request access to the person al inFormation we collect from you, change that information, or delete it. To request lo review, update, or delete your personal information, please visit: httg://www.herzundsinn.com.