Courses and workshops at Zuzana Keller Art
1. Scope
These General Terms and Conditions (GTC) apply to the conduct of individual online courses (courses or workshops) with Zuzana Keller, Tannenweg 1, 86845 Großaitingen. They become part of the contract as soon as you book a course with Zuzana Keller.
The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
All agreements made in connection with the course contract are governed in particular by these General Terms and Conditions and our written order confirmation (invoice).
The version of the General Terms and Conditions valid at the time the contract is concluded shall be decisive.
We do not accept any deviating terms and conditions of the customer, even if we do not expressly object to their validity.
2. Conclusion of the contract and payment terms
You can book an individual online course via the website www.zuzanakellerart.de. Registrations will be accepted on a first-come, first-served basis.
The courses are individual and therefore limited to a single participant.
Your registration is binding. The course contract is concluded either through confirmation from Zuzana Keller in the form of an invoice or through direct purchase via the purchase options offered on the website www.zuzanakellerart.de. The course fee is due upon receipt of the invoice.
You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed.
Participation in Zuzana Keller's online courses is generally only possible for participants aged 16 and over. Participation below this age limit may be permitted in individual cases after prior consultation and only with the express consent of the course instructor. In this case, participation must be accompanied by a parent or guardian. Participants between the ages of 16 and adult require the written consent of a parent or guardian. However, participation by minors in the course is subject to the express consent of Zuzana Keller.
3. Data protection information for web seminars via Zoom
We would like to inform you about the processing of personal data in connection with the use of "Zoom." The following statements supplement the general privacy policy for the website www.zuzanakellerart.de, available at: Privacy Policy
You acknowledge that when using the Service, no guarantee of data protection can be given and that third-party access may be possible. Use is at your own risk.
3.1 Purpose of processing
We use the tool "Zoom" to conduct webinars. "Zoom" is a service provided by Zoom Video Communications, Inc., based in the USA.
3.2 Person responsible
The person responsible for data processing directly related to the conduct of web seminars is Zuzana Keller, Tannenweg 1, 86845 Großatingen.
Note: If you access the Zoom website, the provider of Zoom is responsible for data processing. However, accessing the website is only necessary to download the software for using Zoom.
You can also use “Zoom” if you enter the respective meeting ID and, if necessary, other access data for the web seminar directly in the “Zoom” app.
If you do not want or cannot use the Zoom app, the basic functions can also be used via a browser version, which you can also find on the Zoom website.
3.3 Which data is processed?
When using Zoom, various types of data are processed. The extent of data processing depends on the information you provide before or during your participation in a webinar.
The following personal data is processed:
- User data: First name, last name, telephone number (optional), email address, password (if single sign-on is not used), profile picture (optional), department (optional)
- Meeting metadata: Topic, description (optional), participant IP addresses, device or hardware information
- For recordings (optional): MP4 files of video, audio and presentation recordings, M4A files of audio recordings, text files of the online meeting chat
- For telephone dial-in: Incoming and outgoing phone numbers, country name, start and end times. Additional connection data, such as the device's IP address, may be saved.
- Text, audio, and video data: During the webinar, you may have the opportunity to use the chat, question, or survey functions. In this case, your text entries will be processed to display them in the webinar and, if necessary, to log them. To display video and play audio, the data from your device's microphone and camera will be processed during the meeting. You can turn off or mute the camera or microphone at any time via the Zoom applications.
To participate in a web seminar or to enter the meeting room, you must provide your name.
3.4 Scope of processing
We use Zoom to conduct webinars. If we wish to record webinars, we will inform you in advance and, if necessary, obtain your express consent. The fact that a recording is taking place will also be displayed in the Zoom app. If it is necessary to record the results of a webinar, we may record the chat content. However, this will not usually be the case. During webinars, questions asked by participants may also be processed for recording and follow-up purposes.
If you are a registered user of Zoom, reports on online meetings (including meeting metadata, dial-in information, questions and answers in web seminars, and survey results) may be stored by Zoom for up to one month.
Automated decision-making in accordance with Art. 22 GDPR does not take place.
3.5 Legal basis for data processing
To the extent that personal data is processed, Section 26 of the German Federal Data Protection Act (BDSG) forms the legal basis for data processing. In these cases, we pursue a legitimate interest in conducting web seminars efficiently.
Otherwise, the legal basis for data processing in the context of conducting web seminars is Art. 6 (1) (b) GDPR, provided the web seminars are conducted in the context of a contractual relationship. If no contractual relationship exists, data processing is based on Art. 6 (1) (f) GDPR. Here, too, we pursue the legitimate interest in the effective conduct of the web seminars.
3.6 Recipients and transfer of data
Personal data processed in connection with participation in web seminars will not be passed on to third parties.
3.7 Data processing outside the European Union
"Zoom" is a service provided by a provider from the USA. Personal data is therefore also processed in a third country. We have concluded a data processing agreement with the provider of "Zoom" that complies with the requirements of Art. 28 GDPR.
3.8 Contact our data protection officer
Zuzana Keller, Tannenweg 1, 86845 Großaitingen, Tel.: 0162 599 7619
3.9 Your rights as a data subject
You have the right to receive information about the personal data concerning you. You can submit a request for information to us at any time. If you do not submit a request for information in writing, we ask for your understanding that we may request proof from you to verify your identity.
Furthermore, you have the right to rectification, erasure or restriction of the processing of your personal data, as far as this is provided for by law.
You also have the right to object to the processing of your personal data in accordance with the statutory provisions.
A right to data portability also exists, insofar as this is permitted under data protection law.
3.10 Deletion of data
We generally delete personal data as soon as there is no longer a need for further storage. A need for further storage may arise, in particular, if the data is still needed to provide contractual services, to examine, enforce, or defend warranty and, if applicable, guarantee claims. If statutory retention periods apply, deletion will only occur after the respective retention period has expired.
3.11 Change to the privacy policy for web seminars via Zoom
We will revise this privacy policy if changes to data processing occur or for other reasons that make this necessary. The most current version can always be found on this website.
4. Data protection information for appointment booking via Bookafy
We enable visitors to our website to book appointments via the Bookafy booking service of Bookafy LLC, Incorporated in: United States, Wyoming, 1416 NW 46th St Suite 301 Seattle, WA 98107, Email: info@bookafy.com, using the so-called Bookafy Add-On.
If you book with us via Bookafy in connection with a specific business transaction (for example, an order placed), we will save and use your email address used with Bookafy and/or your mobile phone number as well as – if provided – your first and last name in accordance with Art. 6 (1) (b) GDPR to process and respond to your request.
Your data will be used exclusively to answer your inquiries via Bookafy and will not be passed on to third parties.
Information on the purpose and scope of data collection, as well as on the further processing and use of data by Bookafy, and on your rights and settings options for protecting your privacy can be found in Bookafy's privacy policy: https://bookafy.com/de/datenschutz-und-sicherheit/
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision of the European Commission.
5. Right of withdrawal
According to Section 312g, Paragraph 2, No. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for your course booking. However, we voluntarily grant you the right to withdraw from the contract without giving any reason within 14 days of conclusion of the contract (i.e., upon receipt of our invoice). This voluntary right of withdrawal only applies if the course does not begin within 14 days of your registration.
The cancellation period begins upon conclusion of the contract (i.e., upon receipt of our invoice). To comply with the cancellation period, it is sufficient for you to send your notification of exercising your right of cancellation before the expiry of the cancellation period. You can declare your cancellation in writing or by email to: Zuzana Keller, Tannenweg 1, 86845 Großaitingen; Email: info@zuzanakellerart.de
The cancellation notice sent by email becomes effective as soon as we receive it. The email must clearly state the decision to cancel the contract.
In the event of cancellation, we will refund all payments we have received from you under the contract within 14 days of the day on which we received your cancellation notice. We will refund the amount using the same payment method you used for the original payment, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for the refund.
6. Cancellation / Rebooking
If you are unable to attend a booked course for reasons for which you are responsible or for reasons that are within your area of responsibility and risk, you are not entitled to cancellation. In this case, the full course fee must be paid. Please note that even if you withdraw early or reduce your participation time, no refunds of the course fee or any partial amounts will be made.
Upon request (by phone or email), we will be happy to check whether a rebooking to another date is possible. However, there is no legal right to a rebooking. Rebooking is only possible if the request is received by us at least 14 days before the course start date.
7. Course cancellation by Zuzana Keller and changes to courses
Zuzana Keller reserves the right to cancel a course due to insufficient participants, unforeseeable inability of the instructor to attend, or other unforeseeable circumstances, such as force majeure. In the event of a cancellation, participants will be notified at least two days before the start of the course. In this case, any course fees already paid will be fully refunded. Further claims for damages are excluded.
Zuzana Keller also reserves the right to make changes to the venue, course instructor, or schedule for operational or personnel reasons. However, such changes do not entitle participants to withdraw from the contract or to a reduction in the course fee, provided the changes are reasonable for the participants, taking into account Zuzana Keller's interests.
8. Liability
In cases of contractual and non-contractual liability, Zuzana Keller shall only be liable to you for damages or reimbursement of wasted expenses in cases of intent and gross negligence in accordance with the statutory provisions.
In all other cases, unless otherwise provided in Section 7.3, we are only liable for the breach of a contractual obligation whose fulfillment is necessary for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation). In this case, liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of Section 7.3.
Our liability for damages resulting from injury to life, body or health remains unaffected by the aforementioned limitations and exclusions of liability.
9. Rights of use
Zuzana Keller retains the rights to the course materials. Course participants may use the materials solely for private purposes. Commercial use of the course materials is prohibited. This includes video recordings and files made available to participants as part of the course.
10. House rules
The course participant accepts the house rules of the venue.
11. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country at the time of your booking, the application of mandatory provisions of the law of that country remains unaffected by the choice of law made in sentence 1.
If you are a merchant and are domiciled in Germany at the time of your order, the exclusive place of jurisdiction is the registered office of Zuzana Keller Art, currently in Großaitingen. In all other cases, the applicable statutory provisions regarding local and international jurisdiction apply.
12. Final provisions
The headings in these Terms and Conditions are for convenience only and do not affect the interpretation of the provisions of these Terms and Conditions, in particular with regard to the content of the individual sections.
Gender note: For better readability, these Terms and Conditions do not use the masculine, feminine, and diverse (m/f/d) forms simultaneously. All personal pronouns apply equally to all genders.