Contact & legal

Legal notice

Information required by section 5 of the German Telemedia Act (TMG)

Nathan Bailey
Marienstrasse 6
50825 Cologne
Germany

Contact

Telephone: +49 (0) 221 1693 8126

Email: data@bailey-communications.com

VAT

Value added tax identification number in accordance with section 27a of the German Value Added Tax Act (UStG): DE249187840

Responsible for content in accordance with section 55(2) of the German Interstate Broadcasting Agreement (RStV)

Nathan Bailey
Marienstrasse 6
50825 Cologne
Germany

Dispute resolution

This service provider is neither obliged nor willing to take part in dispute resolution before a consumer arbitration board.

Liability for content

As a service provider, the website operator is liable for their own content on this website under prevailing law in accordance with section 7(1) of the German Telemedia Act (TMG). However, sections 8 to 10 of the German Telemedia Act (TMG) do not require service providers to monitor submitted or stored third-party information on a permanent basis or to search for evidence of illegal activities.

This has no bearing on legal obligations to remove information or to block the use of information under prevailing law. In this case, liability is only possible as of the point in time at which the service provider becomes aware of a specific violation of law. Illegal content will be removed immediately should such a violation come to light.

Liability for links

This website includes links to external third-party websites. As the service provider has no influence on the content of those websites, they assume no liability for this. Providers or operators of linked websites are always responsible for their own contents. These websites were checked for possible violations of law at the time at which they were linked. No illegal content was identified at the time of linking.

However, it is not reasonable to expect the service provider to constantly monitor the external links unless there are concrete indications of a legal breach. Such links will be removed as soon as legal breaches come to light.

Copyright

All content and works published on this website by its operator are subject to German copyright laws. Any reproduction, editing, distribution or any other kind of utilisation outside the scope of copyright law requires the written consent of the author or originator. Downloads and copies of this website are permitted for private, non-commercial use only. In cases where content on this website does not originate from the operator, the copyrights of third parties are respected and third-party content is indicated as such. However, should you notice any violations of copyright law, please inform the service provider so that the content can be removed immediately.

(Translated from German)

Data protection notice

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e. the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g. web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error-free provision of the website. Other data may be used to analyse your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data be rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection-related issues.

2. Hosting and Content Delivery Networks (CDN)

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website is stored on the servers of the host. This may include, but is not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a website.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host:

Host Europe GmbH
Hansestrasse 111
51149 Cologne, Germany

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Accordingly, we treat your personal data as confidential information and comply with the statutory data protection regulations and this data protection declaration at all times.

Whenever you use this website, various personal data will be collected, i.e. data that can be used to identify you personally. This data protection declaration explains which data we collect as well as the purposes for which we use this data. It also explains how and for which purpose the data is collected.

Please note that the transmission of data via the internet (i.e. through e-mail communications) is not completely secure and that it is not possible to protect data completely from third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Nathan Bailey
Marienstrasse 6
50825 Cologne
Germany

Phone: +49 (0)221 1693 8126
Email: data@bailey-communications.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

Information on data transfer to the USA

Our website also uses tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may process, evaluate, and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

In the event that data is processed on the basis of Art. 6(1) lit. e or f GDPR, you have the right to object at any time to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis on which any processing of data is based, please consult this data protection declaration. If you log an objection, we will no longer process your affected personal data unless we are in a position to present compelling grounds for processing your data that outweigh your interests, rights and freedoms or if the purpose of the processing is to claim, exercise or defend legal entitlements (objection pursuant to Art. 21(1) GDPR).

If your personal data is being processed in order to engage in direct advertising, you have the right to object at any time to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to art. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons, this website uses either an SSL or a TLS encryption program. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand at any time information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have the right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

If you have restricted the processing of your personal data, this data – with the exception of its archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in our Site Notice to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website

Communication via WhatsApp

For communication with our customers and other third parties, one of the services we use is the instant messaging service WhatsApp. The provider is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The communication is encrypted end-to-end (peer-to-peer), which prevents WhatsApp or other third parties from gaining access to the communication content. However, WhatsApp does gain access to metadata created during the communication process (for example, sender, recipient, and time). We would also like to point out that WhatsApp has stated that it shares personal data of its users with its US-based parent company Facebook. Further details on data processing can be found in the WhatsApp privacy policy at: https://www.whatsapp.com/legal/#privacy-policy.

The use of WhatsApp is based on our legitimate interest in communicating as quickly and effectively as possible with customers, interested parties and other business and contractual partners (Art. 6(1)(f) GDPR). If a corresponding consent has been requested, data processing is carried out exclusively on the basis of the consent; this consent may be revoked at any time with effect for the future.

The communication content exchanged between and on WhatsApp remains with us until you request us to delete it, revoke your consent to storage or the purpose for which the data is stored ceases to apply (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.

We use WhatsApp in the “WhatsApp Business” variant.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.whatsapp.com/legal/business-data-transfer-addendum?lang=en.

General Terms and Conditions

General Terms and Conditions of Business of Bailey Communications

Section 1 – Scope of validity

(1) These Terms and Conditions are applicable to contracts concluded between Bailey Communications (contractor) and its customers (principals). The General Terms and Conditions of Business may be inspected and printed at the contractor’s website (www.bailey-communications.com). The latest updated version of these Terms and Conditions published on the above website shall be applicable to any subsequent orders, even where no further explicit reference is made thereto upon placement of an order.

(2) Amendments, ancillary understandings and additions to the contract must be set out in writing.

(3) General Terms and Conditions of the principal shall only be binding upon the contractor if the latter has expressly accepted them in writing.

Section 2 – Execution

The contractor is entitled to call upon third parties in order to perform its obligations. For this purpose it undertakes to engage solely professional, experienced translators who have the necessary skills and expertise and are bound to maintain professional secrecy. The translation shall be executed with due care in accordance with the principles of proper professional conduct.

Section 3 – Duty of cooperation on the part of the principal

Prior to placement of an order the principal shall make available information and documents that are required to prepare the translation (glossaries, illustrations, drawings, tables, abbreviations, etc.). The contractor is not obliged to commence the translation before receiving this documentation, unless the principal has previously expressly consented to execution of the order and waives any assertion of warranty rights attributable to the failure to provide the aforementioned documentation.

Section 4 – Delivery/service performance

Translation services consist of the written translation of texts from one language into another or into several other languages. Additional services, such as the editing of texts, special formatting or DTP tasks, are not included. If such additional services are required, they must be agreed separately. Delivery periods and deadlines shall only be considered binding where expressly agreed. The contractor shall not be in default provided a failure to render delivery/performance is due to circumstances for which it is not responsible (for example, line and transmission problems, Acts of God, strikes, traffic disruptions, including such problems affecting subcontractors). In this event the delivery/performance shall be rendered as soon as possible once the reason preventing delivery/performance ceases to apply. The contractor reserves the right in such cases to withdraw from the contract. The possibility of either party asserting contractual rights or claims to compensation shall be excluded in such instances.

Section 5 – Rectification of defects

(1) Following receipt of the translation the principal shall be obliged to verify that its contents are correct and complete. The principal shall notify defects in writing, providing precise specification of the defect. All defects must be notified no later than two weeks after delivery of the translation in the case of obvious defects, while hidden defects must be notified within two weeks of their discovery. If the principal is unable to check the translation on account of a lack of foreign language skills, it shall entrust the checking of the translation to an appropriate person. Claims to rectification of defects shall expire by limitation after one year.

(2) If defects are notified the contractor undertakes to make subsequent improvements. The contractor shall be allowed a reasonable period to make such improvements. If the subsequent improvement proves unsuccessful, the principal shall be entitled to a price reduction or – if the performance is of no use whatsoever – to withdraw from the contract.

Section 6 – Liability

(1) The contractor shall be liable for its own errors and for those of its subcontractors solely in the event of gross negligence or intent.

(2) The contractor shall be responsible for keeping materials handed over by the principal with the same care that it normally takes in its own matters. The contractor shall regularly scan its electronic data-processing systems for viruses and similar problems, although it shall not be held liable for loss or damage caused by third-party impacts despite these preventive measures.

(3) Where indemnification or compensation for diminution in value is payable, the contractor shall only be liable up to a maximum of double the invoice value of the delivery or performance and not for indirect or consequential losses or damage, such as loss of profits or a failure to realise savings.

Section 7 – Duty to maintain secrecy

The contractor undertakes to treat as confidential all information that comes to its attention in connection with its work for the principal. All subcontractors acting on the contractor’s behalf are bound by the same undertaking to maintain secrecy.

Section 8 – Reservation of title, rights of use and copyright

(1) The translation shall remain the property of the contractor until the fee has been paid in full.

(2) The principal shall acquire the right to use the translation once the fee is paid in full.

(3) The contractor holds the copyright to the translation.

Section 9 – Contract termination and order cancellation

The principal may only cancel a contract to prepare a translation in the period up to the agreed completion date for compelling reasons. Notice of cancellation must be given in writing. In the event of cancellation the contractor shall be entitled to the remuneration for the performances rendered until that date as well as – provided the compelling reason is not the responsibility of the contractor – compensation for lost profit in the amount that would have been payable had the order been completed in full.

Section 10 – Applicable law, validity and place of jurisdiction

(1) The order and all claims arising therefrom shall be governed by German law. In the event of discrepancies between the English wording of the General Terms and Conditions and the German version, the latter shall therefore be determinative.

(2) If one of the above provisions is wholly or partially invalid due to legal provisions, regulations or changes in legislation, it shall be replaced by a provision which most closely approximates the intended commercial purpose of the clause/provision in question. All other provisions shall remain unaffected and shall continue to apply to the full extent.

(3) Where permitted by law, Cologne is agreed to be the place of jurisdiction for any disputes that may arise out of this contract.