Terms & Privacy

Gavel
Yellowsquid OG

On this page: Terms of Use | Privacy Policy

Imprint

Gavel is (currently) incorporated as an Offene Gesellschaft (OG) in Vienna under the name Yellowsquid OG with the registration number FN534792i and the VAT ID ATU75675404. Yellowsquid is founded, developed and run by Florian Braeuer and Marvin Musialek, who are looking forward to your inquiry via founders@letsgavel.com.

Objectionable Content Policy

The Gavel app and the Yellowsquid OG maintains a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can flag content they deem objectionable for review. Content will be moderated by Gavel and Yellowsquid OG to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for posting objectionable content will be restricted from access to the Gavel app.

Terms of Use

This website and the Gavel app is operated by Gavel. Throughout the site, the terms “we”, “us” and “our” refer to Gavel. Gavel offers this website and the Gavel app, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We will refer to a user who creates an account on the Gavel website or app as a "User". In some instances when describing interactions between Users we will differentiate "selling" Users who provide items in the app to other users, often by hosting a live-streaming show (a "Seller").

By visiting our site or app and/or purchasing something from us or one of our users or Sellers, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including our privacy policy, available on this web site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Gavel is a platform accessible via website and app (mobile applications) that connects users with users and users and Sellers of certain products (an "Item"), that can result in a purchase of an Item (a "Transaction"), which is a contract of purchase / Kaufvertrag, which all its obligations and rights (§ 433 BGB in Germany).

Please read these Terms of Service carefully before accessing or using our website or our app. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or offers which are added to the current website and app shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - USAGE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and may cause demage for which you have to pay.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are highly dynamic and subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively through the website or app. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We and our partners have made every effort to display as accurately as possible the colors, conditions of the products that appear at the app. We cannot guarantee that your computer monitor's display of any color will be accurate or that your internet connection is good enough to have a clear view of every detail.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF PAYMENT AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or types purchased or able to purchase per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same email address, or the same payment details, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - MARKETPLACE, AUCTION SHOWS, AND TRANSACTIONS

Sellers can host a live-streaming auction on the Gavel platform (a "Show") and adversise it together with Gavel, to motivate users to join the Show at its timeframe. When a user enters a Show for the first time, the Seller welcomes the user and explains all functionalities verbally. If there are unclarities or ambiguities, it is the user's obligation to ask questions by using the chat or push-to-talk functionalities, before buying or bidding. Most users quickly understand the process of buying and bidding for Items. However, you are not allowed to buy or bid, in case you did not understand the consequences fully.

When you place your binding offer by clicking the confirmation button saying "Buy" or "Bid" (a "Offer"), a countdown visualizes a certain amount of time (e.g. 10 seconds) available for other users to place their Offers. If there is no higher Offer by another user within this timespan, your Offer wins, which is visualized by the word "Sold" and a message in the Chat mentioning the Item's title, the highest price from the winning Offer and the user's name, who placed the winning Offer.

A Transaction occurs when a Listing Price and an Offer align and the Offer wins, as it has the highest price for the certain Item. Upon a Transaction, Sellers are responsible to ship the Item in accordance with Gavel's shipping instructions. Should, for any reason, the cost to ship an Item exceed the paid shipping price, Gavel shall be responsible for any additional payment necessary to ship the Item. Failure to abide by shipping instructions may, at the sole discretion of Gavel, result in penalties.

The Listing Price is shown in real-time on all users' devices simultaneously, assuming that the users' internet connection is stable and capable. We are not responsible for unwanted Transactions due to connection lags. We want to highlight, that the video livestreaming and the bidding/buying functionality are decoupled; and that bidding logic is exclusively managed on the server (single-source-of-truth) even an user's device gets disconnected or face connection lags; and that the price for an Offer is defined by the device and not the server, so you can only place an Offers for a price, you see on your device, and if the Listing Price is already higher on the server-side, your Offer will not be accepted and you see a chat message describing why.

When you place an Offer, you are responsible for the completion of payment of the Transaction amount, including all additional fees and taxes. Upon a Transaction, you authorizes Gavel to charge your Payment Account in case you submitted it before. You are responsible for updating Payment Account and Billing address information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction.

Sellers are responsible for the accuracy of an Item's description and presentation during the Show. Sellers are required to ensure that the Item matches exactly the what is displayed on the App, and that the described condition of the Item is a true and accurate description of the condition of the Item. Any inaccuracy, whether it be the description, condition or authenticity of an Item, may, at the sole discretion of Gavel, result in penalties.

SECTION 8 - PAYMENTS

You shall pay within 7 days for Items you bought.

Your unpaid Items/Transactions are listed in the app by clicking the cart icon in the main navigation.

You can pay by credit card (Stripe), Paypal or bank transfer. If you have troubles with the payment functionality within the app, we can send you payment details by email. Please send us a request to accounting@gavel.com.

The following shall apply if you enter payment information for automated payment ("Payment Account"):

(a) You authorize Gavel and/or any other company that bills for products or services, or acts as billing agent for Gavel ("Billing Agent") to charge and/or place a hold on your Account Balance for any charges or fees related to your use of the App.
(b) You authorize Gavel and/or Billing Agent to charge and/or place a hold on your Payment Account for any charges related to your use of the App.
(c) You authorize the party that issued your Payment Account to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
(d) You authorize Gavel and/or its Billing Agent to continue to attempt to charge your Payment Account all amounts described herein, or any portion thereof, until such amounts are paid in full.

If the Payment Account on file is declined or otherwise rejected for any fee or charge, the User shall have 7 days to provide updated information and payment. Failure to cure the within the 7-day grace period may, at Gavel's sole discretion, result in termination of your Account without a refund. If a User wishes to reactivate their Account after deactivation from failure to pay a fee, they will be required to satisfy any debts owed to another User or to Gavel before a new Account can be created.

SECTION 9 – AFTER BUYING AN ITEM

By pressing the confirmation button saying "Buy" or "Bid" you place a binding Offer and if you are the highest bidder after the countdown finishes, you bought the Item at the price shown above or on the button, when you clicked on it. According to § 433 Abs. 2 BGB (in Germany) we and the Seller have the right to get paid and the obligation to ship your products as soon as the payment is confirmed.

If the Sellers is a private person (Privatverkauf) then there is no right of withdrawal.

If you decided to unseal the Item (Entsiegelung) by telling the Seller to open the package (commonly called as "card breaks" by the community), there is no right of withdrawal and return (§ 312g Abs. 2 BGB in Germany). Sealed card packages have a highly volatile price and value due to emotional dynamics, curiosity, and tensions during a Show, which is significantly different after unsealing or breaking or opening the card package. Every user who attends a "card breaks" shall consider this effect.

If a return is applicable, you have to pay the costs of the return.

You can get a full refund on an item at no cost to you if:

(a) The item was damaged in shipping
(b) The item was clearly sent with damage that does not match listing photos
(c) The incorrect item was sent to you
(d) If the item does not match the condition described
(e) The item is a counterfeit in some way

If you like to get a refund please contact us at help@letsgavel.com within 2 days of receiving the item. We may also ask that you return the item to us.

If you like to withdraw or cancel your Transaction (Kaufvertrag) please contact us at at help@letsgavel.com within 7 days of after the Transaction occurs.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments' or 'chat'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Gavel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gavel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Austria and shall excluding private international law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Privacy Policy

As an European company in the heart of the EU, we are fully dedicated to the privacy and security of your data! Feel free to send us all your questions to privacy@letsgavel.com

SECTION 1 – STORAGE OF ACCESS DATA IN SERVER LOG FILES

We store access data in ‘server log files’, such as the name of the data requested, date and time of retrieval, amount of data transferred and the requesting provider, for example. This data is evaluated to ensure trouble-free operation of the website and app and to improve our service.

If the requested data is connected to your personal information (buying, bidding, chat, address change, payment, app usage in general, etc.), then information about you and the certain action might be stored within the log record. The storage of such records is furthermore important to avoid abuse by proving set activities.

SECTION 2 – DATA COLLECTION AND USE FOR CONTRACT PROCESSING, FULFILLMENT AND OPENING A CUSTOMER ACCOUNT

We collect personal data if you provide us with this as part of your order, or when you voluntarily contact us (by contact form or email, for example) or open a customer account. The data collected can be seen from the respective input forms; this includes, but is not limited to names, surnames, delivery address and possibly credit card information. These data your provided are necessary for the performance of pre-contractual measures. Without these data Gavel cannot conclude the contract. In addition you may voluntarily provide Gavel with your birth date for advertisement and contract fulfillment purposes, to receive corresponding offers on that occasion. When you visit our website, we automatically receive your computer’s IP address, in order to determine which browser and operating system you are using. We use the data provided by you for managing contracts and processing your requests. For contract fulfilment, we will pass on your data to the shipping company assigned for the delivery, insofar as this is necessary for delivery of goods ordered. Depending on which payment service provider you select in the order process, we will forward the payment data received to the credit institution assigned for payment and any payment service providers assigned by us to process the payments, or to the payment service selected. In part, the selected payment service providers also collect this data themselves, provided that you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. In this, the privacy policy of the respective payment service provider applies.

After completion of the contract or deletion of your customer account, your data will be blocked against further use and deleted after expiry of the statutory tax and company retention periods, unless you have expressly consented to a further use of your data, or we reserve the right to further data usage as permitted by law, about which we will notify you below.

After the cancellation of the purchase process your data will be deleted. In case of a contract conclusion all data arising from the contract relation will be stored until the end of the tax law storage period. Furthermore your name, address, purchased goods and purchase time will be stored until the possible product liability claims are precluded.

The legal basis for the transfer of this data is Sec 96 para 3 TKG (Telekommunikationsgesetz, Austrian Telecommunications Act) and art 6 para 1 lit b GDPR (contract fulfillment) and lit f (legitimate interest) GDPR.

Deletion of your customer account is possible at any time and can be done either by sending a message to privacy@letsgavel.com or via a designated function in the customer account. Your rights regarding your personal data, as specified in section 19 of the Gavel Privacy Policy, remain untouched.

SECTION 3 – DATA USAGE FOR NEWSLETTER

If you sign up to our app, we will use the data required or provided by you separately, in accordance with your consent, to send you our regular email newsletter. You sign up by clicking the "log in" button in the app. Thereafter you declare your consent by clicking the checkbox during signup or by using the app continuously afterwards.

In context with the submission of your email address and the sending of our newsletters we use services from IT providers, who may collect the data you provided us with, as far as necessary for the provision of the relevant IT services or additional data being voluntarily provided on your part in that context. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact privacy@gavel.com or via a dedicated link in the newsletter. Consequentially Gavel shall delete all personal data collected in that context. Your rights regarding your personal data, as specified in section 19 of the Gavel Privacy Policy, remain untouched.

SECTION 4 – DATA USAGE FOR EMAIL ADVERTISING AND YOUR RIGHT TO OBJECTION

If we receive your email address in connection with downloading our app and you have not objected, we reserve the right to send you regular email offers and information about this and similar products from our range, such as those already purchased or pre-ordered.

In context with the submission of your email address and the sending of our newsletters we use services from IT providers, who may collect the data you provided us with. For more details see section 3.

You can object to this use of your email address at any time by sending a message to privacy@letsgavel.com or via a dedicated link in the promotional email, without incurring costs other than those for transmission according to the basic tariffs. Your rights regarding your personal data, as specified in section 19 of the Gavel Privacy Policy, remain untouched.

SECTION 5 – DATA USAGE FOR POSTAL ADVERTISING AND YOUR RIGHT TO OBJECT

In addition, we reserve the right to save your first and last name, mailing address and – insofar as we have received this from you in the context of the contractual relationship - your title, academic level, year of birth and job, industry or business title, in summary lists, to use for our own advertising purposes, such as for sending offers and information of interest concerning our products, by post. For customers based in Austria, this does not apply if you are registered in the Robinson list pursuant to §151 Abs. 9 GewO [Gewerbeordnung, Austrian Trade Act] . Customers based in Switzerland will not receive any postal advertising if they have made a corresponding note in the telephone book. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact privacy@letsgavel.com. Your rights regarding your personal data, as specified in section 19 of the Gavel Privacy Policy, remain untouched.

SECTION 6 – PAYMENT PROVIDERS

We handle payments with Stripe and Paypal. These payment providers provide us with the platform that enables us to provide our goods to you. Your data is stored on the certain provider's data storage, databases and applications. They store your data on secure, firewall-protected servers.

If you pay by credit card, bank or Paypal, they might store your information for future payments. This is encrypted using the Payment Card Industry Data Security Standard (PCI-DSS). Your transaction data will only be stored as long as is required. The credit card payment function follows the standards set by the PCI-DSS, managed by the PCI Security Standards Council, a joint venture between companies such as Visa, Mastercard, American Express and Discover. The PCI-DSS standards help ensure the secure handling of credit card information.

For more information, please visit their Terms of Use and Privacy Policy at: https://stripe.com/en-at/privacy and https://www.paypal.com/us/webapps/mpp/ua/legalhub-full

SECTION 7 – THIRD-PARTY SERVICES

Third party providers such as PayPal (PayPal Holdings, Inc.), 2211 N 1st St, San Jose, CA 95131, USA or SOFORT transfer (Sofort GmbH), Theresienhöhe 12, 80339 Munich, Germany, only collect and process the data necessary to perform their services. Some of these third parties have their own privacy policies with respect to the information we provide them for transaction processing purposes. We encourage you to read these privacy policies in order to understand how these third-party providers process your information. In particular, please note that certain third-party providers do not have a registered office or server in Austria, or in your jurisdiction. As such, if you choose to use a third-party payment method, your data and the processing thereof may be governed by the law of that third-party provider.

If you leave this website or the app or are redirected to a third-party website, your use of the internet will no longer be subject to Gavel's Privacy Policy and Terms of Use.

SECTION 8 – USE OF COOKIES

To make the visit to our website and the usage of our app attractive and to enable the use of certain functions, we use ‘cookies’ on various pages. These are small text files that are stored on your device. Some cookies we use (called ‘session cookies’) are deleted after the end of the browser session, i.e. after closing your browser. Other cookies remain on your device and allow us to recognize your browser on your next visit (‘persistent’ cookies). You can set your browser so that you are notified about cookie settings and individually decide on their acceptance or block the acceptance of cookies for specific cases, or in general. Not accepting cookies may limit the functionality of our website and app.

SECTION 9 – USE OF GOOGLE ANALYTICS FOR WEB AND APP ANALYTICS

Our app and website use Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.com). Google Analytics uses methods enabling analysis of your use of the website or app, such as "cookies", text files stored on your computer. Hereby, data regarding geographic location, language settings, internet browser, internet service provider, operating systems, screen resolution, device type, gender, age, personal interest, online behaviour on the website or app, are collected by Google LLC and used by Gavel, in the form of statistics for the purpose of improving our products, marketing activities, website, app and its functioning. The information used by Gavel in this context, does not permit any conclusion in respect of the identity of a concerned individual person.

Further details on the collection of data, their processing and use by Google LLC as well as your rights and setting options in context with your privacy are provided in the respective Privacy Policy under (https://policies.google.com/technologies/ads?hl=en and https://policies.google.com/privacy).

The information generated about your use of this website and our app is usually transmitted to a Google server in the USA and stored there. By activating the IP anonymization on this website or the app, the IP address used will be abbreviated prior to transmission within European Union member states or other states contracting to the Agreement on the European Economic Area. The anonymized IP address provided by Google Analytics within the Google Analytics framework will not be amalgamated with other Google data.

You can prevent Google’s collection of data generated by the cookie and related to your use of the website and app (including your IP address), as well as Google’s processing of this data, by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

The relation to Google LLC is based on the European Commission’s implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (see https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

The data processing is based on the legal provisions in Sec 96 para 3 TKG (Telekommunikationsgesetz, Austrian Telecommunications Act) and art 6 para 1 lit f GDPR (legitimate interest).

SECTION 10 – USE OF GOOGLE ADWORDS WITH CONVERSION TRACKING

Our website and app uses Google AdWords and conversion tracking. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.com).

If you click on an ad placed by Google, the conversion tracking we use stores a cookie on your device. These so-called conversion cookies expire after 30 days and do not otherwise identify you personally.

If the cookie is still valid and you visit a specific page of our website or our app, both we and Google can evaluate that you clicked on one of our ads placed on Google and that you were then forwarded to our website.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website or app and what visitors do once there. In addition, we receive information about the number of users who clicked on our advertisement(s) as well as about the pages on our site that are subsequently visited. Neither we nor third parties who also use Google AdWords will be able to identify you from this conversion tracking.

Further details on the collection of data, their processing and use by Google LLC as well as your rights and setting options in context with your privacy are provided in the respective Privacy Policy under (https://policies.google.com/technologies/ads?hl=en and https://policies.google.com/privacy).

You can also prevent or restrict the installation of cookies by making the appropriate settings in your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support.

The relation to Google LLC is based on the European Commission’s implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (see https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use conversion tracking to provide targeted promotion of our offers. The legal basis is art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our website or app.

SECTION 11 – USE OF GOOGLE REMARKETING

Our website uses Google AdWords and conversion tracking. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.com).

Gavel uses this feature to deliver interest-based, personalized advertising on third-party websites that also participate in Google's advertising network.

To allow this advertising service to function, Google stores a cookie with a sequence of numbers on your device via your browser when you visit our website or app. This cookie records both your visit and the use of our website or app in anonymous form. However, personal data will not be passed on. If you subsequently visit a third-party website that also uses the Google advertising network, advertising may appear that refers to our website or app or our offers there.

To permanently disable this feature, Google provides a browser plugin for most common browsers at https://www.google.com/settings/ads/plugin?hl=de. You can also completely prevent the use of cookies by using opt-out services for interest-based advertising by certain providers.

Cross-device marketing allows Google to track your usage patterns across multiple devices, so you may see interest-based, personalized advertising even when you switch devices. However, this requires that you have agreed to link your browsing history to your existing Google account.

Further details on the collection of data, their processing and use by Google LLC as well as your rights and setting options in context with your privacy are provided in the respective Privacy Policy under (https://policies.google.com/technologies/ads?hl=en and https://policies.google.com/privacy).

The relation to Google LLC is based on the European Commission’s implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (see https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use Google remarketing to provide targeted promotion of our website or app. The legal basis is art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our website.

SECTION 12 – USE OF FACEBOOK PIXEL FOR WEB ANALYSIS

Our website contains web beacons (also known as "pixel tags"). A web beacon is an electronic image, often invisible, placed on a website or app or in an email, usually no larger than 1 x 1 pixel, which observes the online behaviour of visitors on the website or app or while sending emails. Web beacons are provided by third parties, the provider on this website being Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA („Facebook“) to obtain information about the activity of the visitors on our website. This makes it possible to determine from which computer, when, and from which location a specific website is accessed. We also use “Custom Audience Pixel” analysis software to optimize our advertising campaigns. This software enables online behaviour to be observed in terms of time, geographic location, purchase behaviour and use of this website or app. This information is collected via web beacons and/or cookies. The information received from the web beacons and/or cookies is anonymous and will not be linked to personal data. This information will not be shared with third parties for their own use. Further information can be found at: https://en-gb.facebook.com/business/learn/facebook-ads-pixel.

The relation to Facebook is based on the European Commission’s implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to the Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (see https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

The data processing is based on the legal provisions in Sec 96 para 3 TKG (Telekommunikationsgesetz, Austrian Telecommunications Act) and art 6 para 1 lit f GDPR (legitimate interest).

SECTION 13 – USE OF FACEBOOK PLUGINS

Our website and app use social plugins of the Facebook social network, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are identified by a Facebook logo or the addition of “Soziales Plug-in von Facebook” or “Facebook Social Plugin”.

If you visit a page on our website or app that contains this plugin, your browser connects directly to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed on the corresponding page of our website or app, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) will be transmitted from your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can immediately attribute your visit to our website or app to your Facebook profile. If you interact with the plugins by clicking the "Like" button or by leaving a comment, for example, the corresponding information is also transmitted directly to a Facebook server, and stored there. The information will also be posted on your Facebook profile and displayed to your Facebook friends.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and setting options for the protection of your privacy can be found in the Facebook privacy policy, at http://www.facebook.com/policy.php.

If you do not wish Facebook to directly assign the data collected via our website or app to your Facebook profile, you must log out of Facebook before visiting our website or app. You can also completely prevent the loading of Facebook plugins with add-ons for your browser, such as a "Facebook Blocker" or script blocker, for example.

SECTION 14 – USE OF TWITTER PLUGINS (E.G. THE “TWEET” BUTTON)

Our website and app use social plugins of the Twitter microblogging service, operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). The plugins are identified by a Twitter logo, in the form of a blue "Twitter bird", for example.

If you visit a page on our website or app that contains this plugin, your browser connects directly to the Twitter servers. The content of the plugin is transmitted by Twitter directly to your browser and integrated into the page. Through this integration, Twitter receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is sent from your browser directly to a Twitter server in the USA and stored there.

If you are logged in to Twitter, Twitter can immediately attribute your visit to our website or app to your Twitter account. If you interact with the plugins by clicking on the "Tweet" button, for example, the corresponding information is also transmitted directly to a Twitter server and stored there. The information will also be posted on your Twitter account and displayed there to your contacts.

The purpose and scope of the data collection and the further processing and use of the data by Twitter, as well as your rights and setting options for the protection of your privacy can be found in Twitter’s privacy policy, at https://twitter.com/privacy.

If you do not wish Twitter to directly assign the data collected via our website or app to your Twitter profile, you must log out of Twitter before visiting our website. You can also completely prevent the loading of Twitter plugins with add-ons for your browser, such as a script blocker, for example.

SECTION 15 – USE OF PINTEREST PLUGINS

Our website and app use social plugins of the Pinterest social network, operated by Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA (“Pinterest”). The plugins are identified by a Pinterest logo.

If you visit a page on our website or app that contains this plugin, your browser connects directly to the Pinterest servers. The content of the plugin is transmitted by Pinterest directly to your browser and integrated into the page. Through this integration, Pinterest receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Pinterest profile or are not currently logged in to Pinterest. This information (including your IP address) is sent from your browser directly to a Pinterest server in the USA and stored there.

If you are logged in to Pinterest, Pinterest can immediately attribute your visit to our website or app to your Pinterest account. If you interact with the plugins by clicking on the “Pin it” button or by leaving a comment, for example, the corresponding information is also transmitted directly to a Pinterest server, and stored there. The information will also be posted on your Pinterest account and displayed there to your Pinterest followers.

The purpose and scope of the data collection and the further processing and use of the data by Pinterest, as well as your rights and setting options for the protection of your privacy can be found in the Pinterest privacy policy, at https://policy.pinterest.com/en/privacy-policy.

If you do not wish Pinterest to directly assign the data collected via our website or app to your Facebook profile, you must log out of Pinterest before visiting our website. You can also completely prevent the loading of Pinterest plugins with add-ons for your browser, such as a script blocker, for example.

SECTION 16 – DATA COLLECTION AND USE IN CONTEXT WITH THE USAGE OF THE GAVEL APPLICATION (APP)

When registering for the Gavel Application (in the following “App”) you will be requested to enter your email address as well as the type of operating system you are using. After the corresponding release of the use of the Beta edition of the App, further details in context with your usage of the Gavel App will be collected and evaluated by Gavel, for the purpose of the optimization of the same. The Gavel App locates and collects, for technical reasons, the details of the device, when the Gavel app is installed.

The required information for the registration will be collected by means of Google Forms. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.com).

Further details on the collection of data, their processing and use by Google LLC as well as your rights and setting options in context with your privacy are provided in the respective Google LLC Privacy Policy (https://policies.google.com/privacy).

Furthermore Gavel uses Google Firebase as service provider for the development of the Gavel App software. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.com).

Further details on the collection of data, their processing and use by Google LLC as well as your rights and setting options in context with your privacy are provided in the respective Privacy Policy under https://policies.google.com/privacy and https://firebase.google.com/terms/data-processing-terms/.

The relation to Google LLC is based on the European Commission’s implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (see https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

The data processing is based on the legal provisions in art 6 para 1 lit f GDPR (legitimate interest). Our legitimate interest lies in the analysis, optimization, and economic and user-friendly operation of our Gavel App.

SECTION 17 – FULL LEGAL CAPACITY

By using this website or our app, you declare that you have full legal capacity under the law of your country.

SECTION 18 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time; as such, please refer to it regularly. Changes are subject to availability on this website or app. If this web shop is transferred to another company, your data may be transferred to the new owner so that we can continue to offer and sell our goods to you.

SECTION 19 – RIGHTS REGARDING YOUR PERSONAL DATA AND CONTACT OPTIONS

You have the right to information and data portability, free of charge, on the personal data stored by us, as well as a right to have this data corrected, deleted or if necessary, restrict their use. For questions on the collection, processing or use of your personal data, the exercise of the above mentioned rights as well as withdrawal of consent granted or objection to a particular use of data, please contact us directly via email at privacy@letsgavel.com. In case you believe that the usage of your data infringes your data protection rights, you can complaint at the responsible data protection authority. In Austria that is the Datenschutzbehörde.