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Politique de confidentialité

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With this Politique de confidentialité we inform which personal data we process in connection with our activities and operations including our https://www.yatour.cruises/ website. In particular, we inform about what for, how and where we process which personal data. We also inform about the rights of persons whose data we process.

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For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

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We are subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact addresses

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Responsibility for the processing of personal data:

Wittmerart GmbH
. Wittmerart GmbH
Marienstrasse 16
8003 Zurich

hello@yatour.cruises

We point out if there are other persons responsible for the processing of personal data in individual cases.

Data-protection-representation in the European Economic Area (EEA)

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We have the following data protection representation according to Art. 27 DSGVO:

VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

info@datenschutzpartner.eu

The Data Protection Representation serves data subjects and public authorities in the European Union (EU) and the rest of the European Economic Area (EEA) as an additional point of contact for inquiries related to the GDPR.

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2.1 Terms

Personal data is any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

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Processing includes any handling of personal data, regardless of the means and procedures used, such as querying, matching, adapting, archiving, storing, reading out, disclosing, procuring, recording, collecting, deleting, disclosing, organizing, storing, modifying, disseminating, linking, destroying and using personal data.

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The European Economic Area (EEA) includes the Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

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We process personal data in accordance with Swiss data protection law such as, in particular, the Federal Data Protection Act (Data Protection Act, DPA) and the Data Protection Ordinance (Data Protection Ordinance, DPA).

We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data in accordance with at least one of the following legal bases:

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  • Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests include, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner, as well as to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
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  • Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA)
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  • Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task carried out in the public interest.
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  • Art. 6 para 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
  • Art. 6 para 1 lit. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
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3. type, scope and purpose

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We process those personal data that are necessary to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. In particular, such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or boundary data and usage data, location data, sales data, and contract and payment data.

We process personal data for the period that is required for the relevant purpose(s) or by law. Personal data whose processing is no longer necessary will be anonymized or deleted.

We may process personal data for the period of time required by law.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are in particular specialized providers whose services we use. We also ensure data protection with such third parties.

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We process personal data basically only with the consent of the persons concerned. If and to the extent that the processing is permitted for other legal reasons, we may refrain from obtaining consent. For example, we may process personal data without consent to fulfill a contract, to comply with legal obligations or to protect overriding interests.

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In this context, we process in particular information that a data subject provides to us voluntarily when contacting us - for example, by mail, email, instant messaging, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If we receive data transmitted to us about other persons, the transmitting persons are obligated to ensure data protection with respect to these persons as well as to ensure the accuracy of this personal data.

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We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Applications

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We process personal data about applicants to the extent that it is required for the assessment of suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data results in particular from the information requested, for example in the context of a job advertisement. We also process those personal data that applicants voluntarily communicate or publish, in particular as part of cover letters, resumes and other application documents as well as online profiles.

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We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data about applicants in particular pursuant to Art. 9 para. 2 lit. b DSGVO.

5. Personal data abroad

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We process personal data basically in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

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We may export Personal Data to all states and territories on Earth as well as elsewhere in the universe, provided that the law there is in compliance with decision of the Swiss Federal Council an adequate level of data protection as well as - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - according to Decision of the European Commission ensures adequate data protection.

We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the specific requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of any guarantees upon request.

6. Rights of data subjects

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6.1 Data protection rights

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We grant data subjects all claims under applicable data protection law. In particular, data subjects have the following rights:

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  • Information: Data subjects may request information as to whether we process personal data about them, and if so, what personal data is involved. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the processed personal data as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
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  • Correction and restriction: Data subjects may correct inaccurate personal data, complete incomplete data and have the processing of their data restricted.
  • Deletion and objection: Data subjects can have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.
  • Data surrender and data transfer: Data subjects may request the surrender of personal data or the transfer of their data to another data controller.

We may suspend, restrict or refuse the exercise of data subjects' rights to the extent permitted by law. We can inform data subjects of any requirements to be met for the exercise of their rights under data protection law. For example, we may refuse to provide information in whole or in part with reference to business secrets or the protection of other persons. We may also, for example, refuse to delete personal data in whole or in part with reference to statutory retention obligations.

We may provide for costs for the exercise of rights exceptionally. We inform data subjects in advance about any costs.

We are obliged to exceptional costs.

We are obliged to take reasonable measures to identify data subjects who request information or assert other rights. Data subjects are obligated to cooperate.

6.2 Right to complain

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Data subjects have the right to enforce their data protection rights through legal channels or to lodge a complaint with a competent data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

Data subjects have - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - the right to lodge a complaint with a competent European data protection supervisory authority.

7. Data security

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We take appropriate technical and organizational measures to ensure data security appropriate to the risk involved. However, we cannot guarantee absolute data security.

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Access to our website is via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication is subject - as basically any digital communication - to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

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8. Use of the website

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8.1 Cookies

We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data stored in the browser. Such stored data need not be limited to traditional cookies in text form.

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Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies enable us to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

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Cookies can be completely or partially deactivated as well as deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We request - at least if and to the extent necessary - actively for the express consent to the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is required for many services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA) possible.

8.2 Server logfiles

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We may collect the following information for each access to our website, provided that it is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

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We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website permanently, user-friendly and reliable, as well as to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

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8.3 Zählpixel

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to collect the same information as server log files.

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8.4 Comments

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We allow you to post comments on our website. In this context, we process in particular those details that a commenting person transmits to us themselves, but also the Internet Protocol (IP) address used and the date and time. This information is required to enable the publication of comments as well as to ensure protection against misuse, which is in our overriding legitimate interest.

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9. Notifications and communications

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We send notifications and communications by email and through other communication channels, such as instant messaging or SMS.

9.1 Performance and reach measurement

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Notifications and communications may contain web links or tracking pixels that record whether an individual communication was opened and which web links were clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

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You must basically expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent, we use the "double opt-in" procedure whenever possible, which means that you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can take place. We may log such consents, including Internet Protocol (IP) address, date and time, for evidentiary and security purposes.

You can basically object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. This is subject to any necessary notifications and communications in connection with our activities and operations.

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10. Social Media

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We are present on social media platforms and other online platforms in order to communicate with interested persons as well as to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA)

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The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform, in particular, about the rights of data subjects directly against the respective platform, which includes, for example, the right to information.

For our Social Media presence on Facebook including the so-called Page Insights, we - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - are jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to help us provide our social media presence on Facebook in an effective and user-friendly manner.

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Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in the Data Protection Statement of Facebook. We have concluded the so-called "Addendum for Responsible Parties" with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the "Page Insights Information" page, including "Page Insights Data Information".

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Users of social media platforms have the option of logging in or registering with our online offering ("Social Login") with their corresponding user account. The respective terms and conditions of the relevant social media platforms apply.

11. Third Party Services

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We use services of specialized third parties to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such services allow us, among other things, to embed features and content on our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

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For necessary security, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.

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We use in particular:

11.1 Digital Infrastructure

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We use services from specialized third parties to make use of required digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

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We use in particular:

11.2 Automation and integration of apps and services

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We use specialized platforms to integrate and connect existing third-party apps and services. We may also use such "no-code" platforms to automate processes and activities with third party apps and services.

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We specifically use:

11.3 Contact options

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We use services from selected providers to better communicate with third parties, such as potential as well as existing customers.

We use in particular:

11.4 Scheduling

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We use services of specialized third parties to schedule appointments online, for example for meetings. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy statements, also apply.

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We use in particular:

11.5 Audio and Video Conferencing

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We use specialized audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or conduct online classes and webinars. For participation in audio and video conferences, the legal texts of the individual services such as data protection declarations and terms of use apply in addition.

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We recommend, depending on the life situation, to mute the microphone by default when participating in audio or video conferences as well as to blur the background or to have a virtual background faded in.

We use in particular:

11.6 Online Collaboration

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We use third party services to enable online collaboration. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy statements, also apply in each case.

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11.7 Social media functions and social media content

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We use third-party services and plugins to embed features and content from social media platforms, as well as to enable sharing of content on social media platforms and through other means.

We specifically use:

11.8 Cardstock

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We use third party services to embed maps on our website.

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We use in particular:

11.9 Digital audio and video content

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We use services from specialized third parties to enable direct playback of digital audio and video content, such as music or podcasts

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We specifically use:

11.10 Fonts

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We use third party services to embed selected fonts as well as icons, logos, and symbols on our website.

We specifically use:

11.11 Payments

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We use specialized service providers to process payments from our customers securely and reliably. The legal texts of the individual service providers, such as general terms and conditions (GTC) or data protection declarations, apply in addition to the processing of payments.

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We use in particular:

11.12 Advertising

We use the possibility to display targeted advertisements for our activities and operations on third parties such as social media platforms and search engines.

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With such advertising, we would like to reach in particular people who are already interested in our activities and operations or who might be interested in them (Remarketing and Targeting). For this purpose, we may transmit relevant - if necessary also personal - data to third parties that enable such advertising. We may also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website (conversion tracking).

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Third parties with whom we advertise and where you are logged in as a user may associate the use of our website with your profile there.

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We use in particular:

12. Extensions for the website

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We use extensions for our website to take advantage of additional features.

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We use in particular:

13. success-and-reach-measurement

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We try to determine how our online offer is used. In this context, we may, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. But we can also, for example, try out and compare how different parts or versions of our online offering are used ("A/B test" method). Based on the results of the success and reach measurement, we can in particular fix errors, strengthen popular content or make improvements to our online offering.

For performance and reach measurement, in most cases the Internet Protocol (IP) addresses of individual users are stored. In this case, IP addresses are basically shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization.

In the case of success and reach measurement, the Internet Protocol (IP) addresses of individual users are stored in most cases.

In measuring success and reach, cookies may be used and user profiles may be created. Any user profiles created include, for example, the individual pages visited or content viewed on our website, information on the size of the screen or browser window and the - at least approximate - location. In principle, any user profiles are created exclusively pseudonymously and are not used to identify individual users. Individual services of third parties, with which users are registered, can assign the use of our online offer to the user account or user profile at the respective service.

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We use in particular:

14. Final provisions

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We have created this privacy statement using the Data Privacy Generator from Data Privacy Partners.

We may amend and supplement this Privacy Policy at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy policy on our website.

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