TERMS AND CONDITIONS OF USE FOR THE WEBSITE OF SES SPAR EUROPEAN SHOPPING CENTERS

SES Spar European Shopping Centers GmbH
Europastraße 3
5015 Salzburg
Austria
Tel: +43 (0) 662 44 71-0
Fax: +43 (0) 662 44 71-7199
Mail: [email protected]

(hereinafter referred to as the “Operator”)

Most recently updated in May 2020

1.1. Use of the website provided by the Operator at www.ses-european.com (the “Website”) shall be subject to the following Terms and Conditions of Use. These Terms and Conditions of Use include provisions applicable to the Website and the services and content provided by the Operator for users (or services and content that users are permitted to provide via our service).

1.2. The information and data (“content”) on the Website are provided solely for personal informational purposes. When accessing the Website and using the content provided, you shall be deemed a “user” and to have accepted these Terms and Conditions of Use.

1.3. The Operator reserves the right to unilaterally amend the Terms and Conditions at any time. The Operator will publish the amended Terms and Conditions of Use on the Website and the amended Terms and Conditions of Use shall become effective for users immediately upon publication. The current Terms and Conditions of Use and the date they were last updated are available at all times on the Website. The Operator will also inform newsletter subscribers of such amendments by sending the amended Terms and Conditions to the email address provided at the time of registration. Objections to the amended Terms and Conditions can be made within a period of 4 weeks, otherwise they shall be deemed accepted.

2.1. The User undertakes that he or she shall use the content provided by the website Operator in line with its purpose and not for any fraudulent purpose and shall in so using the content refrain from any actions which would harm, put at risk or discriminate against the Operator or other users. Use of the website and the content therein for illegal purposes is prohibited. In particular, the Operator prohibits discrimination and degrading statements based on religion, gender, racial or ethnic origin, sexual orientation, disability, age, political belief and trade union membership. The Operator likewise prohibits acts which cast it in a negative light.

2.2. The Operator is entitled to erase information containing illegal content or which contravenes public morals. The Operator is likewise entitled to block access to content.

2.3. The User shall keep his or her access data confidential and protect them against unauthorised access by third parties. If the User discloses his or her access data to third parties, he or she shall be liable to the Operator for all losses resulting therefrom. The User shall notify the Operator promptly regarding any unauthorised use of content from this website which comes to his or her knowledge.

2.4. The User is obliged to immediately update every change of personal data provided at the time of registration and/or to disclose such changes to the Operator so that these data are always up-to-date.3. Usage rights and copyrights

3.1. The content provided on the Website is subject to copyrights.

3.2. Unless indicated otherwise (e.g. if a source is indicated), either the Operator or an affiliated group company has sole rights to all content used on the Website, such as graphics, images, displays and illustrations. Users may only use the content provided on the Website for personal informational purposes; any modification, reproduction, dissemination, inclusion or other manner of reproduction of the content is prohibited without the express prior written consent of the Operator.

3.3. If a user provides information publicly via the Website (e.g. in a forum), the Operator shall not be liable for any third-party claims arising due to the input provided by the user. The user shall fully indemnify the Operator and hold the Operator harmless against such claims.

4.1. In order to fully utilise the content provided on the Website, the Operator recommends that the latest versions of (browser) technologies be used, or that their use be made possible (e.g. activation of Java scripts). Using older technologies may give users only limited use of the content provided on the Website.

4.2. The Operator strives to keep the content and data on the Website up-to-date, complete and accurate at all times. The Operator shall, however, not be liable for the completeness, accuracy and timeliness of the information and data available on the Website, or for the Website meeting the expectations of users.

4.3. The Operator shall not be liable for content, information or programmes made available on the webpages or for any damage resulting from them, unless such damage occurs due to wilful intent or gross negligence on the part of the Operator. This shall apply to all kinds of damage, including damage that may occur due to errors, delays or interruptions in transmission, malfunction of technical equipment or service, incorrect or missing content, data loss or deletion, viruses or in any other manner during use of the Website.

4.4. Notwithstanding this limitation of liability, liability of the Operator for consequential damages, lost profits, data loss and pecuniary damages shall be explicitly excluded.

4.5. The Operator indicates that it has no influence on the content and design of Internet offers accessible via links (e.g. via hyperlinks). The Operator does not assume any warranty for the accuracy, completeness or timeliness of Internet offers accessible via links. The Operator assumes no responsibility for webpages accessible via links being free from viruses or other harmful components.

5.1 If using content requires personal information to be stored (e.g. for registration, participation in a contest, or to receive a newsletter), the data provided by the user will only be used to provide the services requested by the user. The data will not be transmitted to third parties, unless this is required to provide the services. In this case, the Operator shall ensure that the recipient of the data is obligated to comply with the provisions of data protection law and is not permitted to use the user’s data for its own or advertising purposes. The Operator shall take appropriate technical and organisational measures to ensure the protection of personal information.

5.2 General information and data are collected and processed in anonymous form for statistical purposes when the Website is used (e.g. number of page views, number of downloads of certain documents, user’s country of origin). The statistics generated in this way are used to modify the Website to better meet user needs.

5.3 If a user consents to receive a newsletter, the Operator will periodically send the requested newsletter to the email address provided by the user, using the first and last names of the user. Depending on the newsletter, the user will in particular receive current information on the Operator’s promotions, contests, offers, events, news and special topics. The user can easily unsubscribe from the newsletter free of charge at all times. A link is provided at the end of each newsletter that can be used to stop receiving any further newsletter.

5.4 All requests for information on user data, enquiries concerning the use or deletion of user data, and cancellation of consent to the use of data can be sent in writing to [email protected].

6.1. Cookies are used when the Website is visited. Cookies are small deletable text files stored on a user’s computer that allow the personalisation of content on the Website. The Operator uses cookies to ensure proper functionality of the Website, and to continuously improve Website content and modify it to meet the needs of users. The Operator therefore uses functional cookies and substantial cookies at a number of places in the Website to, for example, check your identity when you log in to your user account, identify your browser and settings, or present certain services in a more user-friendly way. Unless the user provides consent otherwise, information collected from the cookies above is non-personal (the user therefore cannot be identified). The cookies are automatically deleted at the end of the visit to the Website or, at the latest, 10 days thereafter.

6.2. Users can adjust their browser settings to accept cookies on a case-by-case basis or to refuse cookies altogether. For technical reasons, if cookies are refused then use of the Website or some services may be limited, or impossible.

The website uses Matomo, a web analysis service provided by InnoCraft Limited (“Matomo”).

Matomo uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed (see the previous section).

The information generated by the cookie about the use of the website is transmitted to a server of SPAR Business Services GmbH. The settings ensure that the IP address is anonymized before geolocalization and replaced by a generic IP address before storage.

Matomo will use this information on behalf of the website operator to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.

The IP address transmitted by your browser as part of Matomo is anonymized and not merged with other data of the website operator.

You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of the website to their full extent.

You can also (de)activate Matomo by using the “Marketing cookies” or “Statistics cookies” sliders.

8.1. All legal disputes arising in connection with use of the Website shall be governed solely by Austrian substantive law, excluding the conflict of law rules.

8.2. To the extent permitted by law, the exclusive jurisdiction for all disputes arising directly or indirectly from use of the Website shall be the competent court in the city of Salzburg.

8.3. If individual provisions of these Terms and Conditions of Use are or should become invalid, this shall not affect the validity of the remaining provisions.

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