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General Terms and Conditions Data and Marketing Solutions – CRIF GmbH

The following terms and conditions shall apply to all deliveries made by CRIF GmbH (hereinafter CRIF) in relation to addresses, address enhancements with data and data deliveries.

I. General Provisions

  1. The following general terms and conditions apply exclusively to all current and future business relationships between CRIF and the customer in the version valid at the time the contract was concluded. Deviating general terms and conditions of the customer are not recognized unless CRIF expressly agrees to their validity. The same applies if CRIF carries out the delivery and service without reservation in the knowledge of conflicting or deviating conditions of the customer.
  2. CRIF expressly reserves the right to change these General Terms and Conditions at any time and to adapt them to changed technical circumstances or changes in the legal situation or if there is a regulatory gap. Changes to these General Terms and Conditions will be communicated to the customer in text form at least six weeks before they come into effect. The changes become effective if the customer accepts them or has not indicated their rejection by the time they take effect at the latest. If the customer is informed of changes, he can terminate this contract without notice and free of charge before the proposed effective date of the changes. CRIF will inform him separately of the approval effect and the right of termination in the notification.

II. Services Data and Marketing Solutions

  1. CRIF provides the following services: Delivery of address data from companies and private individuals (address delivery)
    1. Address data provided by the customer is enriched with CRIF data (address enrichment with data)
    2. Delivery of a file with address data and additional information generated by CRIF to the customer for use as contractually agreed (data delivery)
  2. CRIF makes its information and products available in the current version and expressly reserves the right to make content and technical changes with a reasonable notice period.
  3. If CRIF provides the customer with works that are protected by copyright (e.g. software or interfaces) in connection with the service offered, CRIF grants the customer a non-exclusive license to use them for the duration of the contract.
  4. CRIF receives its data from contractual partners. Likewise, CRIF receives information from generally accessible sources such as public registers and official announcements. There is no guarantee that all publicly accessible information sources will be evaluated.
  5. CRIF is not required to disclose where CRIF gets its information from. Something different only applies if statutory information claims require disclosure.

III. Use of the Services

  1. CRIF reserves the right to make the release of the addresses for the specific advertising measures dependent on the presentation of the advertising material.
  2. CRIF assumes no liability for the legal admissibility - in particular with regard to competition law - of the planned use of the addresses or data. The customer is solely responsible for this and releases CRIF from third-party claims in this respect.
  3. Unless otherwise agreed on multiple uses, the addresses are intended for single use only. Delivered addresses or data may only be used for the contractually agreed purpose. The customer may not give the addresses or data to third parties or sell them. He is not authorized to save the addresses for more than six months after postal delivery or to keep them in any other form for the purpose of checking success. After the agreed use, the addresses or data must be destroyed or deleted immediately without replacement. The customer must confirm this to CRIF in text form upon request.
  4. The customer may only use or process the transmitted data for the purpose for which they were transmitted to him. Processing or use for other purposes is only permitted under the conditions of the GDPR.
  5. The customer will use new addresses noted by the post office on returned items (items with a postal undeliverability notice) only once for the advertising measure already released, unless otherwise agreed.
  6. The addresses remain the responsibility of CRIF after delivery to the customer or to a processor (computer center, letter shop) commissioned by the customer.
  7. CRIF will include a maximum of 50 control addresses per address group in each address or data delivery in order to be able to check proper use. The customer will inform the companies commissioned with processing his advertising mail about the use of control addresses and compliance with the user agreement made with CRIF. The customer is liable to CRIF for any fault on the part of the companies commissioned by him.
  8. If CRIF becomes aware that the customer is not using the data for the purposes permitted by law or that he is using them in an inadmissible manner or in a manner contrary to the contract, CRIF is obliged to discontinue further services immediately / immediately / without notice.

IV. Delivery Times and Dates, Right of Withdrawal

  1. The desired addresses are usually delivered 1 - 3 working days after receipt of the order. The delivery period is extended appropriately by the duration of the hindrance in the event of unforeseen events that are beyond CRIF's control, as well as in the event of subsequent changes to the order by the customer.
  2. The delivery date is met if the addresses are sent on the deadline day. The dispatch to be arranged by CRIF to the customer or to the further processing commissioned by him takes place via secure remote data transmission. The customer bears the shipping risk. If the addresses are sent electronically, the risk of accidental loss passes to the customer upon sending.
  3. In the event of a delay in delivery or temporary inability to perform for which CRIF is responsible, the customer is entitled to withdraw from the contract after setting a reasonable grace period.

 

V. Returns, Warranty

  1. Due to address changes, CRIF cannot guarantee that all addresses are correct at the time of delivery to the customer and are complete for every industry and target group. Returns are therefore unavoidable and do not represent a defect in the delivery item.
  2. Liability for undeliverable addresses is excluded. There is no entitlement to reimbursement of the costs and/or fees incurred from returns against CRIF.
  3. The customer must notify CRIF of any complaints about the number of items delivered or other errors in the delivered addresses that can be identified upon examination immediately after sending and before further use of the addresses. If the customer does not receive the addresses himself, a timely complaint from the processing company is also considered sufficient. If the addresses are used without complaint, claims based on falling below or exceeding the agreed quantity or on other recognizable errors are excluded. Text form is sufficient for the respective notification or complaint.
  4. If a notification of defects is justified in good time, CRIF shall provide supplementary performance through replacement delivery or rectification. The customer gives the necessary time and opportunity for this. If the supplementary performance fails, the customer can reduce the price or withdraw from the contract.
  5. The limitation period for claims due to defects is 12 months from the delivery of the addresses or data.
  1. Prices, Payment Conditions
    1. If no due date has been agreed, the invoices are due for payment immediately in case of doubt. In such a case, default occurs from the 15th calendar day after receipt of the invoice and receipt of the consideration. Complaints about the amount of the invoice must be received by CRIF within eight weeks of receipt of the invoice, otherwise the invoice is deemed to have been approved.
    2. In the event of late payment, CRIF is entitled to exclude the customer from further purchasing the agreed service or from further purchasing the agreed products until full payment has been made.
    3. If the customer withdraws from the contract after the delivery of his order for reasons for which CRIF is not responsible, the full costs of the order will be incurred, even if the addresses or data have not been used.
    4. The customer can only offset against the claims of CRIF or assert a right of retention if and to the extent that his claim is undisputed or has been legally established.

VII. Prohibition on Transfer

  1. It is not permitted to transfer the data acquired, or to store it for download or for access by companies of the group, subsidiaries, or other third parties in an unmodified or further processed form, in extract, as summaries, or partial data inventories. Exceptions to this shall only apply if compulsory statutory provisions otherwise dictate.
  2. In the event of an intentional or grossly negligent violation of this prohibition on transfer, the customer must pay a contractual penalty for each occurrence of a violation to be determined in the reasonable discretion of CRIF, and in the case of a dispute, to be reviewed by a court having jurisdiction over the matter. The right to assert additional damages remains reserved.
  3. The customer shall be solely liable for damages arising to the customer, companies of the group, subsidiaries, or other third parties owing to a transfer or further processing contrary to agreement. If a claim is asserted against CRIF by a third party because the customer has violated the prohibition on transfer, the customer must fully indemnify CRIF with respect to this claim.
  4. The customer undertakes for each breach of this section VII to pay a contractual penalty in the amount of 10 times the fee of the order in which the address or data used in violation of the underlying contract was contained. Evidence of a contract violation by the customer and/or a third party engaged by him a single control address shall be sufficient to prove the violation, unless the customer can prove that he received this address in some other way without violating the contract. The assertion of further claims for damages remains reserved.

If there are justified reasons to believe that the customer is in breach of the prohibition on transfer, CRIF is entitled to have an audit carried out by its data protection officer or by a professional who is bound by professional law to maintain secrecy with regard to the contractual use of the data at the customer's premises.

VIII. Liability

  1. CRIF shall be liable for compensatory damages—irrespective of the legal grounds—in the case of intentional actions and negligence.
  2. For simple negligence, CRIF shall only be liable for damages arising from violating an essential contractual obligation the fulfillment of which allows for the proper implementation of the contract in the first place, the violation of which jeopardizes achieving the purpose of the contract, and compliance with which customer may regularly rely.
  3. In the event of simple negligence, the liability is limited to 50 % of the sales generated with the customer per calendar year. However, this limitation shall only apply if the limitation corresponds with the damages that may typically be anticipated. The liability limitation shall ap-ply regardless of the number of claims.
  4. The proceeding provisions shall also apply in favour of the legal representatives and vicarious agents of CRIF.
  5. The agreed liability exclusions and limitations shall not apply for damages arising from the culpable injury to life, the body or health on the part of CRIF or its legal representatives and vicarious agents. The liability limitations shall not be taken into account insofar as CRIF has fraudulently concealed a defect or has assumed a guarantee for the quality of the performance.
  6. CRIF shall not assume any liability for the proper functioning of the transmission lines, including data security and the availability of data cables.

IV. Data Protection

  1. CRIF processes personal data on the basis of the provisions of the General Data Protection Regulation (GDPR) and the applicable data protection regulations.
  2. CRIF points out to the customer that when addressing an addressee (hereinafter also: data subject) for advertising purposes, information obligations under the GDPR must be fulfilled. CRIF provides the customer with a wording proposal to fulfill his information obligations. This must be adapted in individual cases.

 "Your address data comes from CRIF GmbH, Victor-Gollancz-Str. 5, 76137 Karlsruhe. These are processed in order to make them available to other companies for advertising purposes. The legal basis for these transfers is set out in point (b) of Article 6 (1) and point (f) of Article 6 (1) General Data Protection Regulation (GDPR). You can object to the future use of your data for these purposes at any time. Further information on the activities of CRIF GmbH can be found in their information sheet or viewed online at www.crif.de/datenschutz or at www.crif.de/en/privacy.”

The customer shall provide CRIF with suitable evidence of the contractually agreed implementation of the information obligations upon conclusion of the contract. CRIF will not transmit any data without this proof.

  1. If the above reference text is embedded in a website of the customer, the link to the information sheet stored at CRIF must be set to the URL www.crif.de/datenschutz. In written documents, both the short information text formulated in the previous paragraph and the detailed information sheet in accordance with Article 14 GDPR must be used. With the commencement of the contractual relationship, the customer is obliged to provide CRIF with a specimen copy for the execution of the notification immediately and without being asked. The customer is also obliged to inform CRIF immediately of any planned changes.
  2. The customer is also obliged, when addressing an addressee for advertising purposes, to inform them of their right to object. The customer is responsible for compliance with these provisions. If the addressee objects to the use or transmission of his data, these are to be blocked for these purposes after receipt of the objection. This also applies if the data is not saved by the customer himself. For this purpose, the customer is entitled to CRIF to keep block lists with the addresses to be blocked. If the data subject indicates that he/she objects to the use of his/her data in whole or in part, the customer must inform CRIF of this immediately in text form.
  3. The customer is obliged to present his legitimate interest credibly and verifiably. The existence of a legitimate interest can be assumed in particular if a transaction is associated with a financial risk of default.
  4. CRIF is entitled to check compliance with the information obligations and the existence of a legitimate interest without giving reasons. The customer undertakes to provide relevant information in this context and to submit proof to CRIF. The documents required for this are to be kept and made available by the customer for at least 12 months.
  5. The customer must oblige his employees or third parties, who necessarily have access to the transmitted data, to maintain confidentiality in an adequate manner and ensure that the transmitted data is treated in accordance with data protection regulations.
  6. The customer is obliged to support CRIF in particular in fulfilling legal information obligations by providing appropriate information.

X. Closing Provisions

  1. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN sales law (CISG).
  2. For merchants, the venue location is agreed to be Karlsruhe. Karlsruhe shall also then be deemed to be the agreed venue if the customer relocates its domicile to a foreign country subsequent to concluding the contract, or if the customer’s domicile is unknown at the time that the suit is filed. CRIF is also entitled to file the suit at the location of the customer‘s domicile.
  3. All amendments and supplementation related to the contract require text form to be valid.
  4. If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall remain unaffected thereby. The parties commit to replace the invalid contractual provision by a legally valid provision that most closely approximates the original legal and economic intentions of the parties. The same applies in the event that the contract should have a gap requiring supplementation.

 

Status 07/2024