Marie M. Schreier

88690 Uhldingen-Mühlhofen

office@case-care.org Tel.: 07556-7119260

Authorized representatives:

Image Referenzes:
woocommerce, unsplash, gettyimages, istockphoto, pixabay

Commercial Register Entry:
USt-IdNr.: DE201745667

Disclaimer:

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

Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

Liability for links:

References and links to external websites are outside our area of responsibility. Any responsibility for such websites is rejected. Access to and use of such websites is at the user’s own risk.

Copyrights:

The copyrights and all other rights to the content, images, photos or other files on the website belong exclusively to the company NIKU Neuro AG or the named rights holders. The written consent of the rights holder must be obtained in advance for the reproduction of any elements.

Data protection:

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither sold nor passed on to third parties.

In close cooperation with our hosting providers, we strive to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

When you access our websites, the following data is stored in log files: IP address, date, time, browser request and generally transmitted information about the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations, so that trends can be identified with which we can improve our offer accordingly.

Terms of Service

Welcome to the website of NIKU Neuro AG, located at niku-neuro.com and the NIKU App available at the App store (hereinafter “We”, “Us”, “Our”,”NIKU”).  Our goal at NIKU is to help you turn Your wishes into reality.  We thank You (any visitor to Our web site and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.

By using Our site, or upon Your registration and clicking the button which states “I have read and agree to the Terms of Service and Privacy Policy of this website as well as the website’s use of cookies”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.

PRIVACY POLICY

Our Privacy Policy is located here and is hereby incorporated into this Agreement by reference.  Please review the Privacy Policy to understand Our policies.

INTENDED FOR USERS WHO ARE ADULTS

Our services are available and may only be used by individuals who have reached the age of majority in Your jurisdiction and older who can form legally binding contracts under applicable law.  You represent and warrant that You have reached the age of majority in Your jurisdiction and that all registration information You submit is accurate and truthful.  You agree to comply with all International, Local, State or Federal law regarding online conduct and acceptable content.  If You have not reached the age of majority in Your jurisdiction please leave Our web site immediately.

USER NAME AND PASSWORDS

You hereby agree that You are responsible for all actions taken under Your User Name and Password.  Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure.  Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.

NIKU reserves the right to cancel any users account for any reason or for no reason in their sole discretion.

TRADEMARKS

We hereby claim NIKU^® and niku-neuro.com^TM to be trademarks of Our Company.

COPYRIGHT

As indicated by the notice on the bottom of Our Home Page, NIKU claims a copyright to the contents of this website.

DIGITAL MILLENNIUM COPYRIGHT ACT

As provided for in the Digital Millennium Copyright Act; If You feel any content on Our web site violates Your copyrights please contact Our designated agent:

Margarete Schreier,

www.niku-neuro.com

by regular U.S. mail or email with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once We have received Your complaint We will:

1. Remove or disable the identified infringing material (but maintain a copy for later use);
2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.

Counter Notification – To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent by regular U.S. mail or email that includes substantially the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material Appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.

Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

WARRANTIES

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.   WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.  WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US.  IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.

INDEMNIFICATION

You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State or Federal law.  Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism.  We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

FORCE MAJEURE

We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.

ASSIGNMENT

You may not assign the rights or obligations under this Agreement.

ENTIRE AGREEMENT

Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

DISPUTES

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at info@niku.de prior to taking any other action.  Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.  This Agreement and Your use of Our web site are governed by the laws of the German state of Baden-Württemberg, and the courts of general jurisdiction located within Stuttgart, Germany will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us.  You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement.  In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs.  These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.

SEVERABILITY

If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

HEADINGS

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

AGREEMENT UPDATES

This Agreement is effective as of January 1, 2020.  We reserve the right to revise this policy from time to time without prior notice.  You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our web site.

Privacy Policy

Welcome to the website of NIKU Neuro AG, located at niku-neuro.com and the NIKU app available at the App store (hereinafter “We”, “Us”, “Our”,”NIKU”).  Our goal at NIKU is to help you turn Your wishes into reality.  We thank You (any visitor to Our web site and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.

The following policy explains how information about You is used and protected.  As stated in Our Terms of Service, Our Privacy Policy forms part of Your legal agreement with Us.  Your agreement with this policy that You clicked, signifies that You agree with all terms of this Policy.  Please do not use this Site if You disagree with any part of our Privacy Policy.

We want to assure all of Our customers that whenever information is used, it is done with discretion.  The safeguarding of customer information is an issue we take seriously at NIKU.  To affirm our continuing commitment to the proper use of customer information, we have set forth the following Privacy Policy.

INFORMATION COLLECTED

Non-Personal Information

When You use our web site, Our servers may automatically collect certain Non-Personal Information such as: Your operating system or Your browser type.

Our Use of Cookies

We may use Cookies to store or retrieve information.  Cookies are a small piece of text stored on Your browser which may allow Us to identify You upon return to the web site or to remember specific information such as Your display options.  Cookies are neither a virus nor spy-ware.  You hereby authorize the use of cookies by Us.

Personal Information Collected

The Personal Information We may collect and store is the information that You voluntarily disclose to Us, including but not limited to; any information that identifies, relates to, describes, or is capable of being associated with, a particular individual.

Whether or not You submit the following information to us, “Personal information” shall mean any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person; including but not limited to:

1. Name or alias, address, IP address, email, account name, and other identifiers such as social security, driver’s license, or passport number; or
2. Any information that identifies, relates to, describes, or is capable of being associated with, a particular Individual, including, but not limited to, signature, physical characteristics, education, employment or employment history, and financial, medical or health insurance information, as well as the following numbers: telephone, Insurance policy, bank account, credit card, and debit card; or
3. Characteristics of protected classifications under state or federal law; or
4. Commercial information, such as records of personal property, products or services purchased or considered, and purchasing histories or tendencies; or
5. Biometric information, meaning physiological, biological, or behavioral characteristics, including DNA, sufficient to establish identity, such as images of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings capable of producing an identifier template, as well as keystroke and gait patterns or sleep, health, or exercise data that contain identifying information; or
6. Internet or other network activity such as browsing history or interactions with websites, apps, or ads; or
7. Geolocation data; or
8. Audio, electronic, visual, thermal, olfactory, or similar information; or
9. Professional or employment-related information; or
10. Education information including the name or address of a student or family members, student number, date or place of birth, mother’s maiden name, handwriting, or other information that could identify a student with reasonable certainty; or
11. Inferences drawn from any of the above information to create a consumer profile.

Information You Voluntarily Disclose to Us While Using the App Processes.

We make a conscious effort to separate the Personal Information that you disclose for the purpose of the website and App’s functionality and the information you supply while using the App’s process to evaluate your needs with the help of different scenarios and short stories.

When you use Our App and navigate through the different processes (e.g. going from process 1 to process 2) You may have disclosed Personal Information in the process.  This particular Personal Information is not stored by Us nor shared with any 3^rd party directly or through cookies.

Third Party Information

Our Web site may contain links or display advertising from third parties.  Non-Personal and Personal Information You voluntarily provide to third parties through links on Our web site may be shared with Us by Our advertisers and other third parties.  In addition, We may receive Personal Information from co-registration partners when You have voluntary agreed to allow a third party to share their data.  We have no control over the privacy practices of these third parties.  Please be sure to read and accept the Privacy Policy on any web site You visit.

No Information Collected from Children

We do not intentionally collect Personal Information from children who are younger than age 18.

STORAGE AND SECURITY OF PERSONAL INFORMATION

 Information Storage

NIKU has designated a Data Protection Officer for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes; protect Your personal data using appropriate security measures; notify authorities of personal data breaches; obtain appropriate consents for processing data; keep records detailing data processing; train privacy personnel and employees, and to audit and update Our Privacy Policies.  If You have any questions about Your Privacy Rights and Our Privacy Policy please feel free to contact Our Data Protection Officer by email to info@niku.de.

We store Your Personal Information on Our computers, and We believe We have reasonable security measures in place including administrative, technical and physical safeguards that are appropriate for the size and complexity of Our business to protect Your Personal Information including encryption of any personally identifying information.  However, We cannot guarantee that Our security measures will prevent Our computers from being accessed without authorization and Your Personal Information stored on them stolen, deleted or changed.  We assume no responsibility for such unauthorized actions.

Currently, all data is stored on a private server leased from OVH and stored in their server room located in France.  Physical access to the server is subject to the strict guidelines described in OVH’s privacy policy.

User data is sent via an encrypted HTTPS connection and access to data requires authentication by login and password.

Personal data such as name or surname and data concerning very private information such as childhood description, desires or trauma are stored in separated database tables. This data cannot be accessed without confirmation of user identity with a login and password.

Data Breach Notification

For any unencrypted data that We maintain that includes Personal Information, We will notify You of any unencrypted Personal Information that was, or is reasonably believed to have been, acquired by an unauthorized person. In the unlikely event that we do have a data breach we will be contacting Your state’s office of the Attorney General to report the breach and follow their instructions concerning communication with You and the repair that is required.

DISPOSAL OF CUSTOMER RECORDS

When the time comes to dispose of Customer Records; We will shred, erase or otherwise modify the personal information when disposing of Customer Records under Our control.

HOW WE USE YOUR INFORMATION

We may use Your Personal Information for any legal purpose in Our sole discretion, including but not limited to; membership, registration, log-in, or order fulfillment purposes.  We may also use Your Personal Information to contact You by phone, U.S. mail or email.

DISSEMINATION OF INDIVIDUAL INFORMATION

We may transfer Personal Information to third parties for order fulfillment, to respond to Legal Processes or governmental requests for information, or for any other legal purpose.

DO NOT TRACK REQUESTS

While Your browser may contain a “do not track” signal or other mechanism that provides You the ability to exercise choice regarding the collection of personally identifiable information or about Your Internet activities over time and across third-party sites or online services, Our systems are not set up to accommodate Your browser’s request.

PRIVACY POLICY REGULATIONS FOR RESIDENTS OF THE EUROPEAN UNION UNDER THE GENERAL DATA PROTECTION REGULATION(GDPR)

We are pleased to have customers who are residents of the European Union countries and Great Britain.  If You are a resident of the European Union or Great Britain, We have initiated the following rules just for You in accordance with the General Data Protection Regulation (GDPR).

It is Our intent to provide this information to You in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

You understand and agree that You are still responsible to follow the Privacy Policy of Our site as stated above.  However, if there is any conflict between Our Privacy Policy and the GDPR then the GDPR regulations shall apply, and You have the right to have Your requests under the GDPR be processed without undue delay, and the right not to be subject to a decision based solely on automated processing, including profiling.

Our company is a data controller.  We have designated a Data Protection Officer for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes, protect Your personal data using appropriate security measures, notify authorities of personal data breaches, obtain appropriate consents for processing data, ensure proper response to Your GDPR requests, keep records detailing data processing, train privacy personnel and employees, and to audit and update Our Privacy Policies.  If You have any questions about Your Privacy Rights under the GDPR and Our Privacy Policy please feel free to contact Our Data Protection Officer by email to info@niku.de.

Your Personal Data is being collected when required for the functionality of Our site; as well as for the purpose of fulfilling Your order and processing Your payment.  Shipping and payment processing may be provided by a third party to whom We will provide Your data for this purpose.

Your data will be kept in Our files for approximately two years from the time You last logged into Our site.

You have the right to request access to Your data stored by Us and to have incomplete personal data completed, including by means of providing a supplementary statement. taking into account the purposes of the processing.  Should you elect to exercise this right we will update your changes with any third parties to whom we have shared your data.

You have the right to the rectification or erasure of Your personal data stored by Us or the restriction of processing concerning Your data.  Should you elect to exercise this right we will update your changes with any third parties to whom we have shared your data.

You have a right to data portability and to have the personal data which You have provided to Us forwarded directly to another controller where technically feasible.

You may also lodge a complaint with Your country’s supervisory authority if You believe Your rights are not being properly handled under the GDPR.  You also have the right to know from which source the personal data originated, and if applicable, whether it came from publicly accessible sources.

SPECIAL INFORMATION FOR NEVADA RESIDENTS

 If you are a resident of the state of Nevada and a customer of Ours, You have the right to opt out of any “sale” of Your Personal Information.  Simply write us an email to info@niku.de and we will remove your Personal Information with-in 60 days and confirm this removal to You before any sale of Personal Information is made.

PRIVACY POLICY UPDATES FOR OUR ENTIRE COMPANY

This Privacy Policy is effective as of January 1, 2020.. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Privacy Policy by a posting at the top of this page.