Terms and Conditions of Use for the Website of SES Spar European Shopping Centers, including Newsletter Distribution

Version 2017/05/01

1. Scope

1.1. Use of the website provided by the Operator at www.ses-european.com (the “Website”) shall be subject to the following Terms and Conditions of Use. These Terms and Conditions of Use include provisions applicable to the Website and the services and content provided by the Operator for users (or services and content that users are permitted to provide via our service).

1.2. The information and data (“content”) on the Website are provided solely for personal informational purposes. When accessing the Website and using the content provided, you shall be deemed a “user” and to have accepted these Terms and Conditions of Use.

1.3. The Operator reserves the right to unilaterally amend the Terms and Conditions at any time. The Operator will publish the amended Terms and Conditions of Use on the Website and the amended Terms and Conditions of Use shall become effective for users immediately upon publication. The current Terms and Conditions of Use and the date they were last updated are available at all times on the Website. The Operator will also inform newsletter subscribers of such amendments by sending the amended Terms and Conditions to the email address provided at the time of registration. Objections to the amended Terms and Conditions can be made within a period of 4 weeks, otherwise they shall be deemed accepted.

2. Newsletter registration

2.1. If registration is required to use certain content (e.g. newsletter registration), the Operator requires at least the following personal data for identification purposes and to enable provision of the content that is being offered: title, first name, last name, email address and an Operator-generated password.

2.2. In such cases, registration shall require explicit active agreement to the Terms and Conditions of Use via a double opt-in procedure. Immediately following newsletter registration, a request for confirmation will be sent to the customer by email at the contact address provided. The data provided is not included in the newsletter distribution list or processed further until this confirmation has been received.

2.3. When changes occur to the personal information provided, users shall update the information or notify the Operator of such changes without delay so that the information is always up-to-date.

3. Usage rights and copyrights

3.1. The content provided on the Website is subject to copyrights.

3.2. Unless indicated otherwise (e.g. if a source is indicated), either the Operator or an affiliated group company has sole rights to all content used on the Website, such as graphics, images, displays and illustrations. Users may only use the content provided on the Website for personal informational purposes; any modification, reproduction, dissemination, inclusion or other manner of reproduction of the content is prohibited without the express prior written consent of the Operator.

3.3. If a user provides information publicly via the Website (e.g. in a forum), the Operator shall not be liable for any third-party claims arising due to the input provided by the user. The user shall fully indemnify the Operator and hold the Operator harmless against such claims.

4. Liability

4.1. In order to fully utilise the content provided on the Website, the Operator recommends that the latest versions of (browser) technologies be used, or that their use be made possible (e.g. activation of Java scripts). Using older technologies may give users only limited use of the content provided on the Website.

4.2. The Operator strives to keep the content and data on the Website up-to-date, complete and accurate at all times. The Operator shall, however, not be liable for the completeness, accuracy and timeliness of the information and data available on the Website, or for the Website meeting the expectations of users.

4.3. The Operator shall not be liable for content, information or programmes made available on the webpages or for any damage resulting from them, unless such damage occurs due to wilful intent or gross negligence on the part of the Operator. This shall apply to all kinds of damage, including damage that may occur due to errors, delays or interruptions in transmission, malfunction of technical equipment or service, incorrect or missing content, data loss or deletion, viruses or in any other manner during use of the Website.

4.4. Notwithstanding this limitation of liability, liability of the Operator for consequential damages, lost profits, data loss and pecuniary damages shall be explicitly excluded.

4.5. The Operator indicates that it has no influence on the content and design of Internet offers accessible via links (e.g. via hyperlinks). The Operator does not assume any warranty for the accuracy, completeness or timeliness of Internet offers accessible via links. The Operator assumes no responsibility for webpages accessible via links being free from viruses or other harmful components.

5. Use of data

5.1 If using content requires personal information to be stored (e.g. for registration, participation in a contest, or to receive a newsletter), the data provided by the user will only be used to provide the services requested by the user. The data will not be transmitted to third parties, unless this is required to provide the services. In this case, the Operator shall ensure that the recipient of the data is obligated to comply with the provisions of data protection law and is not permitted to use the user's data for its own or advertising purposes. The Operator shall take appropriate technical and organisational measures to ensure the protection of personal information.

5.2 General information and data are collected and processed in anonymous form for statistical purposes when the Website is used (e.g. number of page views, number of downloads of certain documents, user's country of origin). The statistics generated in this way are used to modify the Website to better meet user needs.

6.3 If a user consents to receive a newsletter, the Operator will periodically send the requested newsletter to the email address provided by the user, using the first and last names of the user. Depending on the newsletter, the user will in particular receive current information on the Operator's promotions, contests, offers, events, news and special topics. The user can easily unsubscribe from the newsletter free of charge at all times. A link is provided at the end of each newsletter that can be used to stop receiving any further newsletter.

6.4 All requests for information on user data, enquiries concerning the use or deletion of user data, and cancellation of consent to the use of data can be sent in writing to presse@ses-european.com.

6. Cookies

6.1. Cookies are used when the Website is visited. Cookies are small deletable text files stored on a user's computer that allow the personalisation of content on the Website. The Operator uses cookies to ensure proper functionality of the Website, and to continuously improve Website content and modify it to meet the needs of users. The Operator therefore uses functional cookies and substantial cookies at a number of places in the Website to, for example, check your identity when you log in to your user account, identify your browser and settings, or present certain services in a more user-friendly way. Unless the user provides consent otherwise, information collected from the cookies above is non-personal (the user therefore cannot be identified). The cookies are automatically deleted at the end of the visit to the Website or, at the latest, 10 days thereafter.

6.2. Users can adjust their browser settings to accept cookies on a case-by-case basis or to refuse cookies altogether. For technical reasons, if cookies are refused then use of the Website or some services may be limited, or impossible.

7. Google Analytics

7.1.      The Website uses Google Analytics, a web analysis tool of Google Inc. Cookies are used for this to track Website trends and analyse use of the Website. The “anonymize IP” extension is used so that user IP addresses are only processed in anonymised form. This makes it impossible to personally identify a user. If you would like to explicitly deactivate Google Analytics for the future, please click on the following link: https://tools.google.com/dlpage/gaoptout?hl=de

8. Final provisions

8.1. All legal disputes arising in connection with use of the Website shall be governed solely by Austrian substantive law, excluding the conflict of law rules.

8.2. To the extent permitted by law, the exclusive jurisdiction for all disputes arising directly or indirectly from use of the Website shall be the competent court in the city of Salzburg.

8.3. If individual provisions of these Terms and Conditions of Use are or should become invalid, this shall not affect the validity of the remaining provisions.