General Terms & Conditions

1. Notes on the use of the Service CELLONDO

a) CELLONDO (hereinafter: "CELLONDO" or "the Service") is a Service for mobile content (games/apps, videos, logos, music, ringtones, video streaming, sound-streaming, download services, dating-apps and other contents) in the United Kingdom of Great Britain and Northern Ireland (hereinafter: Great Britain: England, Wales, Northern Ireland and Scotland) for users of suitable mobile devices, such as mobile telephones or other mobile devices. It involves "Digital Content" within the meaning of the third chapter of the Consumer Rights Act 2015. The content offered by CELLONDO, can be acquired and used by the user mainly via mobile devices using mobile telecommunications (via smartphones, tablets, etc.).

b) The weekly gross cost of the service subscription is inclusive of VAT at the current rate of 20% for Great Britain. This is a subscription for seven days (one week) terminable at any time, provided that the Service Provider does not offer a single download or other retrieval models. The total price of the subscription of the contract covers the total costs incurred over a billing period of one week for a gross amount for the respective subscription model selected by the user, which already includes the statutory VAT. "Subscriber" refers to any user of CELLONDO who opted for the paid use of the scope of performance of CELLONDO, to utilize the Service CELLONDO for the duration of their subscriptions.

c) The cost of the subscription and any other charges agreed are billed directly using the payment service PAYFORIT (http://www.payforit.org) to the telephone bill of the user and paid together with the telephone bill agreed with the telecommunications provider, including interest accruing, taxes and any other costs. If the user has a prepaid card, the invoice amount is charged according to the contents of the applicable contract concluded with the respective Telecommunications-Prepaid-Provider and deducted from the existing credit. The total price of the subscription already includes the gross amount of total costs for the billing period for the respectively subscription model selected by the user, the legal VAT for Great Britain.

d) CELLONDO provides to the users of this service no devices or other hardware, software, transmission paths, telecommunications and other services for the use of the products acquired. The cost for the use of telecommunications through the user’s respective mobile Telecommunications Provider is not included in the price of the subscription or otherwise agreed prices. The related costs depend on the respective tariffs of the user's mobile Telecommunications Provider. The cost can vary depending on the user's selected mobile network provider such as Vodafone, O2, 3, Virgin Mobile UK and EE as well as - for example - Lebara Mobile, Freedom Pop, Pebble Mobile, Age UK My Phone, giffgaff, AfriMobile and others. These costs can vary and are taken into account in the individual offers. The user has the responsibility to inform himself in advance about the existing device resources, as it is not possible for the Service Provider of CELLONDO to supervise occurring operational errors and compatibility issues, so that the Provider for CELLONDO neither warrants nor assumes any liability in this regard. For the use of the telecommunications device used in the conclusion of the concluded contract, the consumer is not charged beyond the cost of the mere use of distance communication by the Service Provider of CELLONDO. The price for that subscription or any other charges for the retrieval of digital content remains unaffected.

2. Conclusion of the contract and terms and conditions

a) The contract is concluded either via WAP (Wireless Application Protocol), via Short-Message-Service (in short: SMS; if this should be offered), via MMS (Multimedia Messaging Services, if applicable) and the use of transmission technologies such as UMTS (Universal Transverse Mercator Coordinate System), LTE (Long-Term Evolution) or similar technologies, via the mobile Internet and other forms of mobile telecommunications communication. It is possible that for certain services a registration on the mobile portal may be required. Upon conclusion of the user acquires is a license to use the acquired content on a mobile device. The acquisition of the license is included in the price of the subscription or other pricings.

b) The following general term and conditions form the basis of the electronic contracts with the users of the Service CELLONDO. All services offered by the Service Provider for CELLONDO shall be carried out on the basis of these general terms and conditions. This may include, Special Terms and Conditions (the "Special Terms and Conditions"), which are shown in the respective specific offers, may supplement these Conditions and in such a case, prevail over these terms and conditions, where these are not applicable. Any Terms and Conditions of a user are explicitly not accepted by the Service Provider and is not part of the contract.

c) The Service Provider reserves the right to change these General Terms and Conditions - and possibly also the Special Conditions of use - from time to time with future effect. In case of a change, the user will be informed of any changes by electronic communication and through advice via the mobile portal. If the user does not object to this respective amendment within two weeks after receipt of the notification, or he continues to use the services of the Service Provider, the revised terms will be included in the contractual relationship entered into with him. An objection to the changes to the contractual terms has the consequence that the subscription will be terminated orderly in accordance with paragraph 13.b) of this Terms and Conditions by the user, so it ends with the expiry of the contract period, in which the objection has been made. The user consents to the Service Provider upon the conclusion of a contract, to be informed of changes to the Terms and Conditions via SMS.

3. Technical information on the activation of the service

a) Caution: The services offered by the Service Provider for CELLONDO can only be used in the applicable versions with compatible devices such as smartphones, certain mobile phones, tablets and similar devices for suitable operating systems. As far as the Service Provider are aware of technical limitations to the utility prior to activation of the offer, the user shall be informed of the offering under the relevant representation options to the extent possible and reasonable.

b) Before a user enables CELLONDO, it is recommended to follow the following technical recommendations for proper usage:

- Please turn on the configuration of the browser on the user terminal: "Always accept cookies and anonymous identifiers";

- The user should delete all cookies and the cache in the configuration of the browser on each terminal prior to activation, this is just a recommendation.

c) In order to use the Service CELLONDO, a user must have paid the respective price to be paid for the use of the requested service. In addition, the following requirements must be met:

- The user must be able to use a compatible device such as a smartphone, certain mobile phones and the like at their own expense;

- The user must either have concluded a contract on the use of mobile telephony services with a telecommunications provider for mobile network in the UK or use a prepaid credit card for mobile telecommunications in Great Britain. The contractual conditions relationship between the user and his mobile service provider is regulated exclusively by the contractual conditions agreed in this context.

4. Activation and deactivation of CELLONDO

a) The user can use the service immediately upon activation. The mobile portal and the use of the services offered there are optimized exclusively for suitable operating systems. Before the activation of the service, the user must ensure that the mobile device with the service is compatible. Certain services may be able to be reserved for customers of certain mobile providers. This shall be indicated in the offers, so far as is known to the Service Provider.

b) The use of the Service CELLONDO offers requires a valid mobile phone number and the conclusion of a contract with a mobile Telecommunications Provider in Great Britain under their Terms and Conditions.

c) There are several ways of disabling this service, where appropriate:

- The user can send the Service Provider an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. with the user data.

- A user can call the call centre at 02039121334.

5. User-account (if needed)

a) The user-account - if offered - may not be transferred to third parties without the explicit consent of CELLONDO. The user undertakes to keep the login information received from the Service Provider for the purpose of access to the games or services (login details, passwords, web links, etc.) strictly confidential and to not disclose to any third party. The user shall inform the Service Provider of any known infringements immediately.

b) If a third party uses the user's account upon accessing his login data, because the user did not sufficiently secure it against unauthorized access, the user shall treat the risk as if it were created by him.

c) In case of reasonable suspicion that access to unauthorized third parties have been known, the Service Provider is entitled for safety reasons, but not obliged, at its own discretion to change the access data without prior notice or to terminate the use of the account. The Service Provider will inform the authorized user of this immediately. The Service Provider shall provide him with the new access information within a reasonable time. The user has no right to have the original access data be restored in this case.

d) In the event that a user-account should not be necessary and the contractual relationship is controlled exclusively by the mobile phone, it is advised to users, to exclude third parties from using the mobile device on which products of the Service Provider are obtained.

6. Essential information for consumers for electronic contract - Technical steps for the conclusion of contract/correction of a mistake

a) The ordering of a subscription is done via a WAP portal. During the ordering process, the service provider shall provide the customer prior to the conclusion of a subscription with the necessary information on price and subscription period on the WAP page. The ordering process is activated by clicking the button "Subscribe" and then clicking the button "Confirm" under the PAYFORIT payment process (see paragraph 6. b) under these Terms and Conditions. The customer then receives an order confirmation via SMS.

b) PAYFORIT is a simple and safe way for consumers to purchase online digital content and services such as videos and games, with the cost being charged to their mobile phone bill or deducted from their prepaid balance. With PAYFORIT, consumers do not need a credit card to use the service (http://www.payforit.org/legal) PAYFORIT is a payment flow developed by the UK mobile network operators (“MNO”), in consultation with the industry and PhonepayPlus, to make buying products and services via a mobile phone or other device simple and clear for you.When you buy a product or service using PAYFORIT your contract is with the party selling the product or service (“the seller”) not with your MNO. Your MNO has agreed with the seller simply to charge the amount directly to your bill or prepay account. When choosing to pay by mobile, you are either entering your mobile number or agreeing for your MNO to pass your number onto the seller in order to complete the transaction. The vendor may use your mobile number in accordance with its privacy policy and applicable terms and conditions. PAYFORIT is not a legal entity and is not a party to that transaction for the product or service. You are therefore wholly responsible for checking you’re happy with the price, product or service and the seller. Any rights you may have (statutory or otherwise) for things like refunds, replacements or returns are between you and the seller, but your MNO will help if you are having difficulty.

c) A user can initiate the acquisition process - if this technology in addition to paragraph 6) a) of these Terms and Conditions - should be offered - for the desired product by sending an SMS of the user in the context of making an order subject to payments at one of the Service Provider's mobile numbers which shall then be confirmed immediately by SMS. The confirmation SMS contains the service name, speed dial, cost, and duration, usage and termination rights under the limited display capabilities. A subscription terminable at any time for the minimum period of seven days (one week) is usually concluded, which automatically extended without notice for another week, unless a single retrieval or another demand model should be offered.

d) All ordering and delivery processes are automated. The user therefore always has access to the contents of the subscription on his mobile phone used during the conclusion of the contract. The events in question from the conclusion of the contract to the performance of the contract until the termination of the contract are technically recorded in a database under the applicable data protection rules and stored under the mobile phone number associated with the user when concluding the contract.

e) Payment is made via the telephone bill of the user via the respective telecommunications provider using the payment service PAYFORIT (see paragraph 6. b) of these Terms and Conditions). Otherwise, the exclusive electronic contract is concluded in accordance with these General Terms and Conditions and applicable law for Great Britain. The Service Provider's current Terms and Conditions of these services are available on the website at any time and are digitally downloadable. It is possible that the digital products offered sometimes contain a copy protection.

7. Facilitated information requirements with limited display option

a) The technical conditions in respect of digital content through the use of mobile telecommunications from a distance, by means of suitable devices, have only a limited space for the legally required information or this is usually often only for a limited period of time. In this case, the service provider has to provide the user with the following information:

- the essential characteristics of the goods or services,
- the identity of the business
- the total value or, in the cases where the price cannot reasonably be calculated in advance due to the nature of the goods or services, the type of price calculation,
- where appropriate, the existence of a right of revocation and - where appropriate, the contract duration and conditions for the termination of a continuing obligation.

b) All information beyond that which is necessary will be made available in accordance with legal requirements to the consumer in an appropriate way by the Service Provider for the Service CELLONDO.

8. Right to Cancel and the exclusion from the Right to Cancel

a) The service of CELLONDO can be performed immediately after a subscription. The object of the service is the delivery of digital content not stored on a tangible medium within the meaning of the third chapter of the Consumer Right Act, 2015. In accordance to this, after receiving the first requested content under the subscription - contract concluded with the Service Provider, a right to cancel for distance contracts pursuant to Art. 32 of the Consumer Contracts Regulations 2013 (see also the revocation instructions under Nr. 9 of these General Terms and Conditions in conjunction with Art. 38 of the Consumer Contracts Regulations 2013 can no longer be effectively exercised if the Service Provider for CELLONDO, with the express consent of the consumer according to Art. 37 of the Consumer Contracts Regulations 2013 has started the execution of the service and has advised what applies with the conclusion of a contract. It is not required that the Service Provider has already completely rendered the service. If the User does not grant this consent, he has to wait with the use of the services until the revocation period has elapsed.

b) The consumer is expressly informed and expressly agrees with the conclusion of the contract with the loss of the right to cancel in the case of a premature start of the contract, if the consumer has obtained a confirmation in writing or has been advised in any other appropriate manner of this circumstance before the end of the revocation period according to Art. 32 of the Consumer Contract Regulations. If a consumer does not exercise the right to cancel pursuant to Art. 29, 32 and 38 of the Consumer Contract Regulations 2013 with a contract for the supply of digital content not stored on a tangible medium, there shall be no obligation to pay a compensation to him for services already rendered by the contractor pursuant to Art. 35 the Consumer Contract Regulations 2013, because digital goods distributed by CELLONDO are not returnable. This does not apply if the right of revocation has expired due to the above-mentioned conditions.

9. Revocation information for consumer contracts (as at: 13.06. 2014)

Right to Cancel

As a consumer you have the right to cancel the contract concluded with the Service Provider for CELLONDO within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day,

- of the conclusion of the contract.

To exercise the Right to Cancel you must inform us

MOBILE FIVE GmbH
Kokkolastraße 5
40822 Ratingen
Telephone: 02039121334
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

of your decision to cancel a contract by a clear statement (for example, a letter sent by post, a fax, an E-Mail).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired.

Effects of revocation:

If you caneel the contract, we reimburse to you all the payments received from you. We will make the reimbursement without undue delay and not later then 14 days after the day on which we are informed about your decision to cancel the contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Special instructions regarding the exclusion of the right to cancel:

- Under a contract for the supply of digital content not on a tangible medium (e.g. DVD, CD-ROM, etc.), the trader must not begin supply of the digital content before the end of the cancellation period, unless the consumer has given express consent, and the consumer has acknowledged that the right to cancel the contract under regulation will be lost. The consumer ceases to have the right to cancel such a contract if, before the end of the cancellation period, supply of the digital content has begun after the consumer has given the necessary consent and acknowledgement which are required.

- There is no right of revocation in the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

- The consumer bears the burden of proving the exercise of the right of revocation.


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10. Intellectual property rights, copyrights and other property rights

All information used on the service, including advertising is protected by copyright and trademark laws or otherwise. The Service Provider expressly reserves all rights to the content, images, videos and other components used within the context of the Service CELLONDO. All contents are copyrighted, trademarked or otherwise protected under the laws of Great Britain for the copyright holders and/or the user.

11. Granting of License

The user receives a simple right of use for personal and private use, which does not entitle him to further reproduction or distribution of the respective content to third parties. In this context, the user is entitled to store the products purchased on a mobile device. Storage on another device and/or a transfer of data to another device are not a part of the granted license. Moreover, it is not permitted to process or to otherwise reproduce, distribute or otherwise use or offer the acquired content publicly beyond the scope of the license granted to the user.

12. SERVICE OFFERS; Scope; Liability for Defects

a) The services and products offered with the Servive CELLONDO are sometimes offered free, but mostly at a cost. The fees for the chargeable services depend on the respective valid offers. These shall also be shown in the individual offers.

b) All offers by the SERVICE CELLONDO are addressed exclusively to end users (consumers within the meaning of Art. 2, paragraph 3 of the Consumer Right Acts 2015). The prices are gross final prices which already include VAT at the current rate of 20% for the UK.

c) Any reproduction, use or other use for commercial purposes is not permitted and requires in any case an expressly prior written consent from the Service Provider.

d) If the Service Provider should provide, among other things, hyperlinks to sites of third companies and services offered there are used by users, the contractual provisions of the respective companies, including App shall apply. CELLONDO so far only facilitates the contact with such platforms. A contract is in use with such platforms exclusively between the company concerned and the user, in accordance with the contractual conditions applicable there.

e) The warranty is governed by the statutory provisions.

f) Digital goods distributed by CELLONDO are not returnable. In case that a right of the return of digital goods is in force the Service Provider is waiving unilaterally and irrevocably on such a right.

13. Contract Period

a) The contract on the subscription currently selected by the user is concluded at the price agreed in the contract. With the binding selection of a product, the user makes a binding offer to conclude a contract at prevailing prices and conditions that the Service Provider accepts by way of electronic communications. The user receives all relevant information for the contractual performance in the confirmation SMS, which may contain hyperlinks to additional information. A subscription contract shall remain in effect until terminated.

b) The respective specific contract each extends automatically by the originally stipulated term at the agreed price, unless notice is given. The Agreement may be terminated during its term to the end of the applicable term of the contract. The cancellation will be confirmed shortly by the Service Provider of the service by electronic means.

c) The Service Provider for the Service CELLONDO is entitled to offer subscription models with altered pricing structures for the new contracts. CELLONDO reserves the right to change the nature and scope of the content offered or the scope of use, including the cost structure for the future. If such a change affects a still active subscription, the customer shall receive a notice of change. Upon receipt of such notice, the customer may object to the change by sending an SMS, an e-mail or telephone. Such an objection has the effect of termination pursuant to paragraph 5. c) of these Terms and Conditions so that the subscription ends with the expiration of the subscription period within which an objection was sent. Otherwise, the subscription continues with the beginning of the following subscription period at the revised terms.

d) If we offer a single call, the products prices and payment conditions are applicable.

14. Prices and termination options

a) The prices of CELLONDO result from the respective offer. All prices include the current statutory applicable sales tax for the United Kingdom.

b) All charges for subscriptions and other releases are due immediately with the conclusion of the contract. Payment is done according to the stipulation of the contract with the respective telecommunications provider whose terms applies exclusively. The fees are charged within the framework of the respective contractual relationship of the user in favour of CELLONDO.

c) Both parties have the right to terminate the contract at any time without giving reasons. Notice may be given in writing to the Service Provider at the address set out in Paragraph 18 of these Terms and Conditions, or in writing by E-Mail to This email address is being protected from spambots. You need JavaScript enabled to view it. stating the mobile phone number used when concluding the contract, and via SMS - if offered by service provider - but also through a phone call to the hotline at 02039121334 In the event of a termination by the user the mobile phone number must be specified, otherwise it is not possible to allocate the termination to the contractual relationship.

d) The original contracted rates will remain valid until the termination of the contract. A refund claim of the user for the current billing period is excluded. Should the user make payments beyond the termination date, such payments are refunded proportionately to the user through his telecommunications provider. Further claims by the user are excluded.

e) The parties' right to terminate the contract for good cause remains unaffected. The Service Provider is in particular, but not exclusively, entitled to terminate the contract for good cause if the following conditions are met:

- The user is in default with the payment of the fees by an amount equal to at least 5 euro and does not pay despite two reminders;

- The user culpably violates laws and/or significant contractual provisions and if the violation is not ceased immediately despite proper notification by the Service Provider. Such notification is unnecessary in the case of serious offenses, if the continued contract performance is unreasonable for the Service Provider. If there is a termination for cause by the Service Provider, the user is not entitled to a refund of fees already paid.

15. Requirements for use

In order for the user to access any contents made available by CELLONDO from a mobile device for the receipt of telecommunications, a legal capacity user needs a compatible mobile device that has been activated by the network Service Provider and a working mobile connection. Incidentally, the respective contract is not covered by the contract of the Service Provider with the telecommunications provider.

16. Privacy Policy; family safety

a) Notes on data protection and data usage arise from the corresponding information in the privacy statement on the protection of personal data according to the requirements of the Data Protection Act 1998, the Communications Act 2003, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Retention (EC Directive) Regulations 2009, the Audiovisual Media Services Regulation 2014 and the additional applicable regulations. CELLONDO's offers meet the requirements of the protection of minors in Great Britain in accordance with the legal provisions of the Audiovisual Media Services Regulations 2014 and other applicable child protection legislation.


b) The Privacy Policy for the Service CELLONDO is part of these General Terms and Conditions as well as any special terms. The user acknowledges that the Service Provider may collect and process data, to the extent necessary to perform the service. Within this context the Service Provider for CELLONDO is entitled to forward the data necessary for this to the respective mobile Service Provider of the user and to transmit via a service provider gateway. By using the service, users agree to such a transfer.

17. Disclaimers

a) The Service Provider can stop the service or the offer and related services without giving a reason at any time. In this case, any available balance shall be reimbursed by the Service Provider to the user. This does not apply if the Service Provider has already terminated the contractual relationship for good cause.

b) The free availability of communication structures and information in the media of the Internet is essentially based on hyperlinks. These hyperlinks normally represent other WAP sites or websites. We do not adopt the content provided there for retrieval as our own and assume insofar no liability for it, since we are not responsible for creating this content. This also applies when we access to contents of other suppliers - such as in app shops merely provided as part of partner programs. This also applies to those if we offer content or content access, contain hyperlinks to third-party over which the service provider has no influence. The Providers of such pages are solely responsible for the content of all linked pages or for links to content to which the Service CELLONDO merely provide access. The terms of use and privacy policy of such linked sites may differ from the Terms of Use and privacy standards of CELLONDO. A control of the contents of linked pages is unreasonable for CELLONDO from a legal perspective. Should such a download be then done - under the respective service offer from the databases of our contractual partners, so that we are not the contracting party in this regard. The terms and conditions of the respective suppliers applies.

c) CELLONDO is not liable for delays, malfunction, suspension and/or interruption of service due to -

inappropriate use of the service by the user;

- Malfunction of the mobile terminal used by the user or any other non-conforming use;

- Lack of adequate credit of the user or a blocking of the use of telecommunications by the respective provider of the user;

- For complete or partial interruption of service by the Service Providers of telecommunications facilities, including the existence of force majeure or other disturbances in the telecommunications business for which the Service Provider is not responsible. A guarantee for a constant, zero-delay transmission of our products and services, cannot be assumed by us, as we are not network Service Providers ourselves.

d) The service provider is not liable for damages caused by software recommended by the portal, used via the portal, on the portals, accessed on the portals or used via the portal. If the user makes use of downloads from portals or through the use of web applications that are not part of the services offered by the service provider, you do so at your own risk.

18. Responsibility of the user

a) With respect to the use of the services and the related services all users shall comply with the applicable laws and not infringe rights of third parties, in particular.

b) In communication forums and via e-mail and/or SMS as part of the services of CELLONDO - provided that such services should be provided - pornographic, obscene, offensive and/or defamatory statement and other statements, which could harm the rights of third parties, as well as content in violation of the Youth Protection Laws of Great Britain are prohibited.

c) Content from the portal of CELLONDO including communications in the user forums - insofar as such should be offered - may not be passed outside of the portal, copied, reproduced or distributed.

d) The user shall neither damage nor interrupt the operation and refrain from any actions that could have a damaging effect in technical terms for the Service Provider.

e) Each user agrees to indemnify the Service Provider from damages arising from a breach of the provisions in the contract with the Service Provider, including the General Terms and Conditions or from applicable laws.

19. User-generated content; Games, Dating, etc.

a) Under certain circumstances CELLONDO offers services that enable communications between users. As part of the use of such services, it may be allowed to users to set their own user-generated content (for example, news, photos, photo sets, texts, hyperlinks, etc.), The user agrees in this case that the content posted free of charge may be duplicated within the Services of CELLONDO, disseminated and may be communicated to the public. For the avoidance of doubt, it is determined that "user-generated content" includes all contents and communications between users of the Service CELLONDO.

b) The user agrees that with respect to all contents that are subject to copyright protection or any other content protection, a simple and worldwide right to use the uploaded content for the duration of the portfolio of the service are transmitted to CELLONDO.

c) All users of such services by CELLONDO undertake at the discretion of CELLONDO to upload any content of the following types: illegal, grossly inappropriate, pornographic or sexual, harmful to minors, extremistic, violence-glorifying or trivializing, glorify war, terroristic contents, religious or extremist political organization promotional, prompting a criminal offense, containing a defamatory statement, or other criminal content. Likewise, the user undertakes not to install any content that contains advertising or commercial content. This also applies to hyperlinks to third party content directly in competition with CELLONDO.

d) The user shall release CELLONDO from all third party claims that arise if users violate legal obligations or obligations arising from the concluded contract.

e) Users of services of CELLONDO agree not to use the services of CELLONDO for the creation of business relating to commercial or business enterprise.

f) Insofar as CELLONDO offer services that enable communication between users, for example in the form of a dating service, CELLONDO shall not be liable if a contact between members does not take place with others members or if a goal pursued by the communication is not achieved CELLONDO assumes no responsibility for the accuracy of the transmitted data published by their participant. Likewise, CELLONDO is not liable for damages caused by improper use by other participants or by third parties.

g) CELLONDO shall not moderate the communications between users of the service of any kind. If necessary, a technically monitoring will be provided. The content selected by the user cannot be continually reviewed by CELLONDO, since this is not reasonable based on the effort required. Therefore, CELLONDO cannot guarantee the accuracy, completeness or topicality of the user-generated content. CELLONDO is not liable for content and activities originating from users. Such communications may be neither attributed to CELLONDO nor do they represent the opinion of CELLONDO. These also include hyperlinks that are set by the users in their communications. CELLONDO is only responsible for external content if CELLONDO has knowledge of illegal activity or information or has attained positive knowledge and do not immediately remove the information in question or disable access to it, where this is possible and reasonable for the service provider. CELLONDO is entitled to delete any content that violates the law and the foregoing obligations of users.

h) CELLONDO does not guarantee the accuracy, integrity or appropriateness of the user-contributed information or content. Each user bears sole responsibility for his contributions in communications between users, access to which of CELLONDO mediated. Each user himself assumes full responsibility for the disclosure of personal information in a post under such communications. CELLONDO reserves - without committing themselves legally - the right to delete, move or change content posted CELLONDO deems to be unacceptable or inappropriate legally or for any other reasons.

20. Special terms of use for video and sound streaming services

a) Under CELLONDO's subscription model the Service Provider of this service may also provide video streaming services and music streaming. "Streaming" refers to the digital transmission of material on the Internet media by the user-operated internet enabled device, in which no permanent copy is created on the mobile device of the user, unless this is part of a download - function which should be explicitly permitted. It is beyond the scope of this service, that users provide their own videos, sounds or productions to third parties in the services operated by CELLONDO. All streamed content on the service, are provided exclusively under existing license agreements or other concessions with third-party users on the service for the purpose of use.

b) The user agrees that the video in question shall only be used in the form of streaming, if a download is not explicitly permitted. The use is solely in the context of personal, non-commercial use within the functionality prescribed by the service.

c) The videos are streamed in the format of Adobe Flash Video, and/or Windows Media Video (WMV), H.264 for Apple iPad/iPhone and H.264 for HbbTV or comparable formats and wherever possible in the bandwidths of 1,700 kbit/s and a resolution of up to 720x576 pixels. We accept no liability for the technical quality of the stream from third parties.

d) With the ordered subscription the user receives a simple, non-transferable right to use the corresponding content in accordance with these Terms and Conditions. Use is restricted and limited to the usage period for each specified and paid for. All rights regarding CELLONDO and its contents, which are not expressly granted to the user under these General Terms and Conditions, remain with the Service Provider for CELLONDO and the respective licensors.

e) The videos streamed in a video player may contain hyperlinks to other websites (so-called "linked websites"). Such linked websites do not fall under the control and the influence of CELLONDO. CELLONDO is not responsible for any third party content. This includes in particular hyperlinks that should be contained in a linked website. CELLONDO is not responsible for any changes or updates to linked websites. This also applies for webcasting or any other form of transmission received from a linked site in any form.

f) The user shall not circumvent or bypass the security-related features of the service neither or influence the viability of the service in any other way. In particular, he shall not alter the player made available to him nor influence its functioning in a restrictive form for the contractual use.

g) The videos will be streamed just as they were provided to CELLONDO and CELLONDO therefore does not assume any warranty or guarantee of performance and completely excludes such liability. CELLONDO guarantees no representation that the streamed video meets certain expectations of users.

h) CELLONDO also does not guarantee that the service will not be interrupted temporarily and on time and that buffering will takes place with no defects. Moreover, CELLONDO does not guarantee that the streamed video contains information that is accurate and reliable. The contents of the video are not subject to CELLONDO's editors, the Service Provider for CELLONDO, their directors or the production staff, otherwise this is explicitly stated.

21. Special Terms for Music Streaming Services

a) If CELLONDO offers the streaming of music within the meaning of Paragraph 20. a) Page 2 of these General Terms and Conditions it pertains to an incorporeal provision of music recordings from the services offered by CELLONDO for retrieval on the Internet in the form of music channels. Songs selected to be played are thereby transmitted to the device of the user regularly and continuously. A saving of music recordings for the purpose of their permanent ownership (download) is contractually excluded. The music service is provided exclusively by subscription, which may also contain content other than music.

b) The subscription includes - within the scope of services offered - the use of music rights, licenses, and possibly also a music player software. By signing this subscription, the subscriber gains access to pieces of music currently available. The music database is continually updated. The user has no entitlement to a special music database. The database can be changed continuously.

c) All music offered by CELLONDO are free of rights of perception by PRS (Performing Rights Society) for Great Britain and the ICE (for Great Britain, Sweden and Germany). All our artists are Non-PRS-Musicians which means they have decided not to join performing rights organisations such as PRS, ASCAP and BMI. There are no PRS or PPL fees to pay if the user only listens to this service provided by CELLONDO.

c) Any User of CELLONDO may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use music presented by CELLONDO. You also agree not to adapt, alter or create a derivative work from CELLONDO.

d) To use the music service, a user must provide the appropriate technical arrangements at their own expense. The system resources which are absolutely necessary to use such contents for technical reasons, can be accessed through the website of CELLONDO.

e) The user undertakes not to unlawfully use or abuse the music service provided by CELLONDO. An abuse exists in particular when the user attempts to gain unauthorized access to the databases of the music service to change data, delete, suppress or render useless and wilfully to violate in any way against the present General Terms and Conditions. The use of software, scripts, mechanisms or other technical resources that are likely to affect the operation of the music service or its applications are also prohibited as the attempt to decompile programs underlying disassemble, or using the Reverse Service Engineering to transform into readable source code. In addition, the user is prohibited from any action that might be capable of influencing the functioning of the music service or its infrastructure, particularly overloading this disadvantageously.

22. Technical protection measures

Technical protection measures in accordance with the copyright laws for Great Britain, which are intended to prevent users from copying or otherwise using purchased content in breach of copyright provisions, may apply. Data and information from the area of electronic rights management, governing the use of the works and/or materials may not be changed by the user.

23. Applicable Law and Jurisdiction; compulsory arbitration

a) The law of the United Kingdom of Great Britain and Northern Ireland applies, but as far as not precluding the mandatory law, English law will apply. For legal disputes the courts of the United Kingdom of Great Britain and Northern Ireland have exclusive jurisdiction.

b) Any changes, amendments or waivers to these General Terms and Conditions must be in writing. This also applies to the lifting of the text form requirement.

c) Electronic communication between the parties is legally binding.

d) The European Union provides for an online arbitration under http://ec.europa.eu/odr based on the applicable EU regulation of 09.01.2016 on online dispute resolution in consumer affairs (Regulation No 524/2013), which shall be brought to the consumer's attention by the service provider. It is not compulsory for service providers to participate in such an arbitration procedure. The Service Provider of the service reserves the right not to participate in this or other arbitration procedures, except as required by law. This also applies for all possible implemented national, Internet-based dispute resolution models, except as required by law. Our e-mail address for online dispute resolution is: This email address is being protected from spambots. You need JavaScript enabled to view it.
e) Should individual provisions are or become ineffective and/or contradict the statutory regulations, this will not affect the effectiveness of the remaining provisions. If General Terms and Conditions clauses are ineffective, the relevant statutory provisions shall apply in their place.

24. Communication with the Service Provider of the service

The user can send messages to and request information from the Service Provider of the service under This email address is being protected from spambots. You need JavaScript enabled to view it. contact the Service Provider by telephone under 03300586501

The responsible Service Provider for the Service CELLONDO is

MOBILE FIVE GmbH
Kokkolastraße 5, 40822 Ratingen
Telephone: 02039121334
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Commercial Register Number: HRB 78858 (AG Düsseldorf)
VAT identification number EU: DE815651672
Our contracts are concluded in English

Copyright 2020 © MOBILE FIVE GmbH


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Privacy Policy for the United Kingdom

1. Controller and applicable law

1.1. In the United Kingdom, “MOBILE FIVE GmbH”, Duisburger Straße 41, 40479 Düsseldorf (Germany), is the data processing controller for the service “Cellondo” according to Art. 4(7) GDPR.
1.2. The data are processed either directly by MOBILE FIVE GmbH or by companies the controller has commissioned as processors within the meaning of Art. 4(8) GDPR and as joint responsible controllers (so-called Joint Controllership) according to Art. 4(7) GDPR in conjunction with Art. 26 GDPR.  The controller is always and solely legally responsible with respect to the users. A risk-based data protection impact analysis in accordance with Art. 32 and Art. 35 GDPR is performed prior to the processing of data as necessary. The controller, their cooperation partners, and processors have appropriate security concepts and procedures in place that will be followed if the protection of personal data is violated.
1.3. The controller ensures the security and confidentiality of data transmitted by users in accordance with the applicable data protection law.  The controller is recipient and processor of such data.
1.4. The controller’s data protection policy guarantees the user the exercise of the legal rights to information, correction, deletion, restriction of processing, the right to object, and the right to data portability according to the applicable law of Art. 15 to 21 GDPR, as well as other data protection rights (according to Art. 12, 13, and 14 GDPR; for more information please refer to item 3 of this privacy policy).
1.5. The controller herewith informs the users according to the provisions of the General Data Protection Regulation (GDPR). The GDPR has direct effect in the UK
from 25 May 2018 until the UK leaves the EU. In addition, the Data Protection Bill, which was announced in the Queen’s Speech on 21 June 2017, will find supplementary application. This Bill updates data protection laws in the UK, supplementing the General Data Protection Regulation (EU) 2016/679 (GDPR), implementing the EU Law Enforcement Directive, as well as extending data protection laws to areas which are not covered by the GDPR, especially in Part. 2, Chapter 2 of the Bill. This Bill is intended to provide a comprehensive package to protect personal data. In addition, more specific data protection provisions may apply, in particular after leaving the European Union.
1.6. The controller requires the mobile phone numbers of the users of its services to operate its mobile services. It may store the mobile phone numbers due to a legitimate interest under Art. 6(1) GDPR and user consent under Art. 7(1) GDPR. The controller will use the mobile telephone numbers entrusted to it for activation, performance, and deactivation of numbers for mobile networks in such a way that exposes them to as little risk as possible. The controller will not link the mobile phone numbers to a person. The user is billed for the services via its mobile service provider, which settles the charges incurred with the controller. The controller and their processors do not perform credit assessments nor are such performed by way of joint controlling.

2. General information about data processing

2.1. Having received the contracting party’s electronic consent within the meaning of Art. 7(1) GDPR, the controller collects, processes, or uses personal data and traffic data exclusively for the fulfilment of contractual and legal obligations, in particular for the conclusion, performance, and termination of a contract and the handling of the billing process with the mobile service provider within the meaning of Art. 5 GDPR, if the billing process is not handled via an app store (such as Google Play) or a comparable facility as a processor or joint controller. The controller does not provide personal data within the meaning of Art. 4(1) to third parties without an express legal or contractual obligation and without the user having consented according to the statutory provisions. Mandatory statutory provisions may require the transfer of data to governmental and judicial authorities as well as supervisory authorities.
2.2. Data are only collected, used, and processed in electronic form based on user consent in accordance with Art. 7(1) GDPR.
2.3. User consent pursuant to Art. 7(1) GDPR is made voluntarily in accordance with Art. 7(2) GDPR and revocable at any time according to Art. 7(1) GDPR.
2.4. The personal data legally and legitimately collected and processed by the controller or processor or under a joint controllership within the meaning of Clause 1.2. of this privacy policy for the purpose of fulfilling contractual obligations with respect to the user particularly include mobile phone numbers when using SMS and MMS, names in case a contact exists (also via a call centre acting as processor) with the controller, in some cases email addresses, landline telephone numbers, IP addresses, and in exceptional cases postal addresses.
2.5. The controller’s General Terms and Conditions generally require the user to subscribe to the respective service of the controller so as to be able to use the controller’s services, unless services can be ordered for single use or another service model is offered. This requires the controller to collect personal data. This is done in particular by assigning a user ID, a password, and other information that allows a user to be identified, unless the only personal data collected are a telephone number and/or an email address. Such data will also be used to alert the controller to service malfunctions, service misuse, or other circumstances defined by the contractual terms in line with privacy requirements. Such data are also used for billing and terminating a service.
2.6. The controller collects information on what and how services are used to ensure proper use in accordance with the terms of the contract. Such data may also be used for billing purposes.
2.7. The controller automatically collects certain data that are stored in log files. Such data include IP address, browser type, operating system used, date/time stamp, and clickstream data. The controller uses such data – which do not contain any direct link to a user’s identity – to conduct trend analyses, manage services, track a user’s navigation within a service, and to collect information about a potentially available user community. Automatically collected data are not linked to a user’s personal data and are not used within the meaning of Art. 22 GDPR for automated decisions, such as profiling and/or scoring.
2.8. The controller’s services are aimed primarily at adults over the age of 18 years. Some services may also be used from the age of 16 though not aimed directly at minors. Art. 8 GDPR defines the effectiveness of a minor’s consent to a fixed limit of 16 years, which has been reduced to 13 years in the UK by Section 9 DPA. The services are information society services within the meaning of Art. 4(25) of EU Directive 2015/1535, as the services are regularly provided for a fee, are sold over a distance, are disseminated by electronic means, and are based on individual request. Although not aimed directly at minors, these services, such as dating apps or games, can also be used by minors. Data of people under the age of 16 years may be processed only if the offer is addressed to persons over the age of 16 years and the verifiable approval of a parent or guardian for such consent is available. This does not change the fact that the capacity to contract starts at the age of 18 years.
2.9. The controller uses automated data processing techniques (so-called big data analyses) – known as profiling – to improve products and services, to improve establishing contact, and to analyse user behaviour. These procedures are designed to make it impossible to refer back to a user and their identity. Personal data are anonymised and pseudonymised before they are used for such procedures. These procedures do not lead to automatic decisions within the meaning of Art. 22 GDPR.
2.10. The processing methods may change/develop further due to technical progress and/or organisational and/or legal changes. Against this background, we reserve the right to further develop this privacy policy as necessary. Pursuant to Art. 7(3) GDPR you may, at any time, revoke any consent given and request the deletion of your data pursuant to Art. 17 GDPR if you disagree with the developments occurring over time, unless mandatory statutory requirements require further storage. You can delete a registration at any time without giving reasons.

3. Instructions on your rights as a user

Users have the rights to information, correction, deletion, restriction, data portability, revocation, and objection based on Art. 15 to 21 GDPR in conjunction with the extended rights and their restrictions under Bill Section 13 ff DPA, unless Bill Section 15 and Schedules 2, 3, and 4 set out exemptions from the GDPR in accordance with Articles 23, 85, and 89 of the GDPR.
 Users can complain to the data protection authority if they think that the processing of their data violates data protection law or otherwise violates their entitlement to data protection. In the UK this is the ICO – Information Commissioner’s Office (https://ico.org.uk), Office for Scotland: https://ico.org.uk/about-the-ico/who-we-are/scotland-office/ and for Wales: https://ico.org.uk/about-the-ico/other-languages/welsh.
3.1. User consent pursuant to Art. 7(1) GDPR is made voluntarily in accordance with Art. 7(2) GDPR. It can be voluntarily revoked at any time according to Art. 7(1) GDPR.
 
3.2. Confirmation and information
Pursuant to Art. 15 GDPR, users can demand confirmation that their personal data are being processed. If true, the data subject has a right to information on whether and to what extent the controller processes data of the data subject. The right to information requires an explicit request made by the user. The controller must provide the data subject with a copy of the data. The first copy is free of charge. Reasonable fees may be charged for additional copies based on administrative costs.
3.3. Correction and completion
Art. 16 GDPR entitles the user, upon request, to have incomplete or incorrect personal data (e.g. a changed mobile phone number) corrected or completed immediately.
3.4. Deletion
The user can demand that processed personal data be deleted in accordance with Art. 17(1) GDPR (the so-called “right to be forgotten”), provided that one of the reasons specified in Art. 17 (1) (a) to (f) GDPR applies. This applies without limitation if the data processing purpose no longer exists, if data are being processed unlawfully, if the data subject revokes their declaration of consent or, if legal reasons require it. Art. 17(2) GDPR specifies that the controller must meet this obligation in technical terms too. Art. 17(3) GDPR specifies that this does not apply if the data are required for asserting, exercising, or defending legal claims, if the data affect the right to freedom of expression and information, if a legal obligation to store the data exists, or if the data are required in the public interest.
3.5. Restriction of processing
Art. 18 GDPR entitles the user to have the processing of their data restricted on demand if
– the user denies the accuracy of the data (data processing is then restricted for the duration of an appropriate review of the facts),
– the processing of the data is unlawful; however, the user declines deletion of the data but instead demands a restriction of the processing of data only,
– the controller no longer needs the data for its intended purpose, but the data are needed by a user for the pursuit of rights or legal defence purposes,
– the user has filed an objection against the processing of the data within the meaning of Art. 21 GDPR.
3.6. Right to data portability
Art. 20 GDPR entitles the user to demand from the controller that they provide the user with the data they have entrusted to the controller for storage in a structured, common, and machine-readable format, provided these data were processed on the basis of a revocable user consent or for the performance of a contract, and the data are processed by automated means.
3.7. Disclosure requirement
The controller is legally obliged to notify all recipients (to whom personal data have been disclosed to) of any correction or deletion of personal data or of a processing restriction pursuant to Art. 16 to 18 GDPR, unless this proves impossible or would involve a disproportionate effort. The controller informs the user about these recipients at the user’s request.
3.8. Right to object
Without prejudice to the non-time-bound right to revoke consent granted to the controller pursuant to Art. 7(2) GDPR, Art. 21(1) GDPR entitles the user to object to the processing of their data pursuant to Art. 6 GDPR. The controller will then no longer process these data unless the controller can prove mandatory and protective reasons that outweigh the data subject’s interests, rights, and freedoms. This does not apply if the data are required for the assertion and exercise of rights or for legal defence. The data may no longer be processed in case of an effective objection.
3.9. Prohibition of sending advertisements
Art. 21(2) GDPR entitles the user to object to the direct advertising without giving reasons. This also applies to profiling if it is associated with direct advertising.
3.10. Right to complain
The controller kindly asks the user to contact This email address is being protected from spambots. You need JavaScript enabled to view it. if they believe the controller to have violated German or European law when processing data. Every user also has the right to contact a data protection authority within the European Union. The controller may, if in doubt, request additional information confirming the identity of the user. This also serves to protect the rights and privacy of users.
3.11. Excessive use of rights
The controller may demand appropriate processing fees or refuse to process an application if a request is obviously abusive or otherwise completely irrelevant or has been made repeatedly without any foundation.

4. Deletion concept

4.1. The master data of users and other personal data are always deleted when a user relationship that is a contractual relationship has been terminated, but at the latest when all statutory retention periods have expired. Such data will be blocked at the end of a contract.
4.2. Traffic data are deleted as soon as legally permissible, but no later than three months after a payment process was concluded. Traffic data are usually deleted within seven days if the user has not objected in writing.
4.3. Data are not deleted during an ongoing legal proceeding, administrative proceeding, criminal proceeding, or proceeding for a misdemeanour, but only after such proceedings have become final and absolute.
4.4. Personal data can be anonymised instead of being deleted. This will permanently and irrevocably remove any personal reference (such as the user’s mobile phone number), so that the deletion regulations under the data protection law no longer apply.

5. Cookies and anonymous identifiers

5.1. A cookie is a small text file that can be stored on the mobile telecommunications terminal for logging purposes. The services of Cellondo may use basic cookies, online marketing cookies, performance cookies, and post-address-matching cookies, as well as anonymous identifiers under certain circumstances. The controller does not link the data stored in such files to a user’s personal data it is permitted to collect, process, and use. The controller uses temporary cookies, session cookies, permanent cookies, and/or anonymous identifiers for mobile applications according to the balance of its interests in safeguarding its legitimate interests under Art. 6(1)(1)(f) GDPR and the user’s fundamental rights. A session cookie expires when the user closes an application. A permanent cookie is stored on the user’s device for an extended period of time. The user can refuse to accept cookies or anonymous identifiers or delete permanent cookies by following the provider’s instructions for receiving telecommunication services on a specific device. An anonymous identifier is a random string. It functions as a cookie on platforms where the cookie technology is not available, such as mobile devices.
5.2 Cookies or anonymous identifiers can be used to analyse a user’s navigation on a web page. The user remains anonymous. Cookies or anonymous identifiers are only used to compile usage statistics for the purpose of improving a service or making it easier for users to use a service. Cookies cannot be read by third parties. Users can configure their browsers to prevent the use of cookies. Please follow the help settings of the respective browser to do so. However, certain parts of the service may only work if cookies or anonymous identifiers are enabled.
5.3. Art. 21 GDPR entitles the user to object to the setting of cookies or anonymous identifiers. However, users may then no longer be able to use the services in accordance with the contract.

6. Transmission of data to third countries

Art. 44 to 50 GDPR entitles a controller offering national and international services to transfer personal user data based on the consent given by the user to processors in other EU member states or other contracting states of the Agreement on the European Economic Area which have a comparable level of data protection due to the application of European data protection law. Data are only transmitted to other countries if those countries’ level of data protection is comparable to the level of protection provided by the European Union and the European Economic Community within the meaning of Art. 45 GDPR or if guarantees within the meaning of Art. 46 GDPR exist.

7.   Advertising and distribution to third parties

7.1. The controller is entitled to inform the user about their services by electronic communication (in particular by email or SMS) if the user has consented to receive by electronic communication, from the controller, advertisements in the context of the existing customer relationship. This consent does not cover telephone advertising, which is not used by the controller.
7.2. The controller may send the user emails or SMSs containing information on subsidiaries and their products and services, provided the user has provided the appropriate consent within the meaning of Art. 7(1) GDPR. Users can revoke their consent to the described use of their email address or mobile phone number by the controller at any time in writing (e.g. by email) without incurring any costs, apart from the costs incurred for transmitting the revocation at applicable basic rates.
7.3. Each piece of information and each newsletter – if the controller offers such a service – sent by the controller shall give the user the option to object to receiving further information without observing any time limit and to submit such a revocation.
7.4. Personal user data are only shared with third parties with the express consent of the data subject. This shall not apply to transferring data to a controller’s service partners as processors or as part of a joint controllership, if and to the extent this is necessary for the execution of contractual relationships with the user.
7.5. The controller’s services may partly be financed by digital advertising. As a result, advertisements from the controller or third parties may be displayed while using the controller’s offers. The controller will send advertising messages from third parties to a user only if they have received a user’s corresponding declaration of consent.

8.  Google Analytics and Google – AdWords

8.1. The controller may use the analytics service provided by Google Inc. (Google) called Google Analytics or have it used. It provides an analysis of how the user uses the application. The controller will use this information only to ensure the continuous development and improvement of its services.
8.2. Non-personal information on usage behaviour and error messages may be collected for analysis purposes. Such data are anonymised and do not contain any personal data. Data are anonymised by truncating IP addresses the terminals could be identified with. The use of a website or app (movements within an issue, use of features, etc.) is stored and analysed by Google Analytics.
8.3. The above-mentioned analysis generally occurs on servers within the EU or the European Economic Area before transferring the data to Google. Only in exceptional cases, for example in case of technical issues, may a user’s IP address be transferred to a Google server in the United States and then truncated there (see: http://www.google.de/intl/de/analytics/features/mobile-app-analytics.html).
8.4. Data transmitted through Google Analytics will not be merged with other Google data or personal data. These data are not evaluated with the purpose of creating personal usage profiles. The collected data will not be shared with third parties. Users can prevent the collection of data generated by IP addresses that are related to their use of the application as well as the processing of these data by Google by deactivating the usage analysis option in the application settings, provided an application provides such settings.
8.5. At any time, users can object to their data being used in the future for the above purposes by sending their objection to MOBILE FIVE GmbH, Kokkolastrasse 5,
40822 Ratingen (Germany) or by emailing it to the company commissioned by it at This email address is being protected from spambots. You need JavaScript enabled to view it.
8.6. The controller may also use Google Analytics to evaluate AdWords usage data for statistical purposes. The controller may use anonymous identifiers that work much like cookies to run ads on devices that do not support cookie technology, such as mobile applications. The user can use application advertisement preferences to control the ads the controller runs on their mobile device in applications. Users should follow the instructions for their particular mobile device if they want to change their settings or want to opt out of interest-based ads.

9.  Data usage in connection with social networks

Users may find references to so-called “social networks” in the context of the controller’s services. These particularly includes the social media portal “Facebook.com”, as well as “Instagram”, and “WhatsApp”. These also include “Twitter”, “Pinterest”", “Linkedin”, “InterNations”, “Tagged”, and many others. The controller reserves the right to constantly expand the use of data to other “social networks” and to adapt this privacy policy accordingly. Appropriate markings (such as the Facebook logo) indicate the corresponding social networks and/or their offers (e.g. “Facebook Connect” and/or social plugins from Facebook).

10. Use of social media plugins – Facebook

10.1. The controller may use social plugins (“plugins”) provided by the social network www.facebook.com. The following instructions are included as a precaution. The Facebook controller for Europe is Facebook Ireland Ltd., Hanover Reach, 5 – 7 Hannover Quay, Dublin 2, Ireland. This social network is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
10.2. These plugins are recognisable through the Facebook logo (white “f” on a blue tile) or are labelled with the addition “Facebook Social Plugin”. The list and look of Facebook social plugins can be viewed at http://developers.facebook.com/plugins. Facebook. Inc. can change this plugin at any time without the controller being able to influence it.
10.3. For the purpose and scope of the data collection and further processing and use of data by Facebook, as well as your related rights and setting options to protect your privacy, please refer to the privacy policy of Facebook only (https://www.facebook.com/about/privacy/), as the controller cannot influence it.
10.4. A distinction must be made with regard to the transfer of data to Facebook between merely using the app and accessing websites via the browser (from within the app or a website). A direct connection to the Facebook servers will be established if you access a website containing such a plugin via an app or a website. The plugin content is then transmitted by Facebook directly to your browser and incorporated into the website. The controller of the service therefore has no influence on the type and extent of data collected by Facebook with the help of this plugin. The integration of the plugins will always provide Facebook with the information that the user has accessed a corresponding website.
10.5. Facebook can assign the visit to the user’s relevant Facebook account if a user is logged into Facebook. The browser used on the mobile device will directly transmit the corresponding information to Facebook and Facebook will store such information if a user interacts with the plugins, for example by pressing the “Like button” or by leaving a comment. Facebook might still be able to identify and store a user’s IP address even if not a member of Facebook.
10.6. The user must log out of Facebook before visiting websites via the application if a user is a Facebook member but does not want Facebook to automatically collect data about the user and link these to the member’s data stored on Facebook.
10.7. Data are not automatically transferred to Facebook when only using the application as opposed to using Facebook plugins on mobile Internet pages. Data will be transferred to Facebook only when using the above-mentioned plugins. The first data transmission also requires an explicit login to Facebook via the app first, as otherwise no data transmission takes place. However, data will always be transmitted to Facebook as soon as a user clicks on a corresponding Facebook button in an app once they have logged in.

11. Security measures

Art. 32 GDPR specifies that the controller shall take all necessary technical and organisational measures within the meaning of the applicable data protection law to ensure the data that are stored, managed, or used by the controller are protected against accidental or deliberate changes or unauthorised access. Art. 25 GDPR specifies that, using a risk-based approach, appropriate technical security measures be taken according to the current state of the art to provide data protection by technological design. The controller has the technical service providers use suitable tools and technical measures.

12. Change of privacy policy

The controller will notify users of the services it operates by electronic communication of any changes to the privacy policy four weeks prior to implementing any changes.

13. Establishing contact

Controller and service provider according to Art. 13 GDPR for the United Kingdom
MOBILE FIVE GmbH
Kokkolastrasse 5
40822 Ratingen

Commercial register: HRB 78858 (AG Düsseldorf)

VAT EU: DE815651672
Users can reach the controller’s Data Protection Officer for the European Union (Attorney Ralf Hansen, Düsseldorf) in case of queries, to leave comments, or submit suggestions as follows:

MOBILE FIVE GmbH
Kokkolastraße 5
40822 Ratingen
Germany

This email address is being protected from spambots. You need JavaScript enabled to view it.