Terms and conditions

Choco Communications GmbH

Hasenheide 54, 10967 Berlin

Sales tax identification number : DE317858863

E-mail address: contact@choco.com

General Terms and Conditions of Business

1. Subject matter of the contract

Choco Communications GmbH (hereinafter "CHOCO") offers a service (hereinafter the "Services") through which commercial customers from the gastronomy and food sector (hereinafter the "Gastronomes") can communicate and send their orders to their suppliers (hereinafter the "Suppliers").

The Services are available via an app (hereinafter the "App") or via a web interface (hereinafter the "Web Interface") on CHOCO's website. These GTC apply to the use of the Services both via the App and via the Web Interface. For the free download of the app, the GTC of the Apple App Store or Google Play Store shall apply in addition and shall take precedence over these GTC in the event of contradictions. However, an account (in accordance with section 3.1) is required in any case to use the services; downloading the app alone does not entitle the user to use the services. In addition, CHOCO offers the integration of the services into the corporate software of the suppliers. This integration and the use of the integrated services is subject to separate terms and conditions and is not the subject of these GTC.

The object of these General Terms and Conditions (hereinafter "General Terms and Conditions") is to set out the terms and conditions for the provision of the services under a service contract to the Gastronomes and Suppliers who have accepted these terms and conditions and use the services (the "companies").

The provisions of these General Terms and Conditions shall prevail over any other general or specific terms and conditions not expressly agreed to by CHOCO. They may be supplemented, where appropriate, by specific terms of use for certain services offered via the App, which shall supplement these General Terms and Conditions and shall prevail over them in the event of any conflict.

2. Approved user group

The App and the Services are designed and intended for professional use and are aimed exclusively at commercial customers, which is understood to mean any natural or legal person who carries out an economic activity on a planned basis for a certain period of time in the field of industry and commerce, in particular the catering trade, the food industry and the food trade.

3. Registration and account access

3.1 Account creation and conclusion of contract

The use of the Services requires that the Company registers in the App or via the Web Interface and accepts these General Terms and Conditions. For this purpose, a registration form is available in which all information marked as mandatory must be filled in. Before submitting the form, the Company can correct any errors directly by correcting the respective information in the form. CHOCO will not activate incomplete registrations. Registration constitutes an offer by the Company to conclude a contract of use. Acceptance may be explicit (e.g. in the context of a personal onboarding) but also implied, e.g. by CHOCO providing a self-service onboarding function.

The Company may access, save and print the current General Terms and Conditions on the website at any time. CHOCO does not store the text of the contract after it has been concluded.

Acceptance results in the opening of an account in the Company's name (hereinafter the "Account"), which enables it to use the Services.

The Company guarantees that all information provided in the registration form is accurate, up-to-date, truthful and not misleading.

He undertakes to update the information relating to his Account immediately in the event of any changes, so that it always complies with the above criteria.

3.2 User Assignment

Any person ("User") who creates an account on behalf of a company (i.e. a Gastronome or Supplier) or assigns himself to an existing company account thereby confirms that he will comply with the obligations under these General Terms and Conditions when using the App and has only assigned himself to the account of such Gastronome or Supplier on whose behalf he is authorised to accept these General Terms and Conditions and to place binding orders with suppliers.

CHOCO may technically enable companies to create additional user profiles. It is prohibited to use the possibility, if any, of creating a user profile to grant a third party competing with CHOCO direct or indirect access to the app or the web interface.

The Company undertakes to ensure that Users do not allow any third party to use the App or Web Interface in their place or on their behalf.

The Company is liable for the acts and omissions of its users.

3.3 Access data

In any case, the Access Data are strictly personal and confidential. The Company undertakes to maintain the security and confidentiality of its Access Data and, where applicable, to impose the same obligations on Users associated with its Account.

Any access to the Account using the Company's Access Data shall be deemed to have been made by the Company. The Company shall immediately notify CHOCO if it becomes aware that its Account has been used without its knowledge. The Company acknowledges that CHOCO has the right to take all appropriate measures in such cases, in particular to temporarily block the account to prevent misuse. CHOCO shall not be liable for any damages incurred by the Company due to a breach of its obligations under this section, unless CHOCO itself is guilty of intent or gross negligence.

4. Description of the Services

The Company has access to the following messaging and ordering services.

4.1 The messaging service enables:

  1. the Gastronomer to communicate directly with its Suppliers and place orders.
  2. the Supplier to receive orders from the Gastronomer directly and bundled in digital form without any time delay.

4.2 CHOCO does not check the orders and is not a party to the contract between the Gastronomer and the Supplier.

4.3 Conversations via the Messaging Service take place between two companies, including at least one Gastronomer.

The Gastronomer may only start a conversation with Suppliers (i) whose contact details have been added to the Gastronomer's account at the Gastronomer's initiative or (ii) whom the Gastronomer has invited to participate in the Services and who have accepted this invitation. CHOCO does not allow the Gastronomer or the Supplier to view the list of all Suppliers/Gastronomers participating in the Services or to compare their characteristics.

4.4 In order to facilitate the placing of the order, the Gastronomer shall also have the option of entering lists of the products that it usually orders from the relevant Supplier (hereinafter "Lists") or to ask CHOCO to enter them on the basis of the documents provided by the Gastronomer. By selecting a List, the Gastronomer only needs to specify the desired quantities in order to place an order.

To do this:

  • the Gastronomer provides CHOCO with the contact details of its suppliers and the desired Lists; and/or

  • CHOCO sets up the account with the contact details of the Suppliers and the lists requested by the Gastronomer.

4.5 CHOCO grants to Company a worldwide, non-exclusive, personal and non-transferable licence for the entire term of this Agreement to use the App (in executable code) as it exists at the date of this Agreement and any future versions for the sole purpose of providing the Services. For the avoidance of doubt, this licence also covers the use of the App by such individual users as the Company may designate. The source code of the App or other CHOCO software used to provide the Services is not subject to this Agreement; CHOCO reserves all rights thereto.

4.6 CHOCO reserves the right to offer other services that it deems appropriate, in a form and according to the functionalities and technical means that it deems most suitable for the provision of such services. CHOCO also reserves the right to modify the functionalities of the Service or to remove certain information to which a company has access (such as a supplier's product list), in particular in the event of a legal obligation.

4.7 CHOCO is not involved in the payment of the order or the delivery of the products, which are negotiated and executed directly between the companies. The prices are not indicated in the app or in the web interface and CHOCO does not intervene in the negotiation of these prices between the Supplier and the Gastronomer.

4.8 CHOCO's role is limited to putting the companies in contact with each other. CHOCO is not a party to the contracts concluded between the companies and cannot under any circumstances be held liable for any difficulties that may arise during the conclusion or execution of these contracts. CHOCO shall not be a party to disputes of any kind between the Companies concerning, in particular, the terms and delivery times for products, warranties or guarantees, payment deadlines or payment obligations and other obligations of any kind entered into between the Companies. In particular, CHOCO does not carry out, and cannot be held liable for, any verification of the quality or characteristics of the products listed, their compliance with applicable laws and regulations, their storage or delivery conditions, or the financial capacity and solvency of the Gastronomer.

4.9 The Company acknowledges that the Services provide an additional, non-exclusive solution for communication and order placement between Gastronomer and Supplier and that this solution is not a substitute for other means that the Company might otherwise use to achieve the same objective. Businesses are free to use other methods of placing orders and to use or not use the App or the Web Interface.

5. Kostenlose Leistung

CHOCO stellt dem Lieferanten oder dem Gastronomen für die Bereitstellung der Dienste keine Provision oder sonstige Kosten in Rechnung.

6. Term of the services, termination

6.1 The contract for the use of the Services shall run for an indefinite period.

6.2 The Company may terminate the contract on the use of the Services at any time with 7 days' notice by sending a corresponding message by e-mail to CHOCO at the contact details stated at the beginning of these Terms of Use. The termination shall result in the automatic deletion of the Company Account.

6.3 CHOCO may terminate this Agreement properly and close a Company's Account for any reason, subject to at least 30 days' notice.

6.4 In addition, the contract may also be terminated in writing by CHOCO without notice for good cause. Good cause entitling CHOCO to terminate the contract shall be deemed to exist in particular if the Company has breached Sections 2, 7, 9, 13 or 14 of these General Terms and Conditions and has not remedied this breach within seven days of receipt of a notification in text form by e-mail.

6.5 In any case, CHOCO also reserves the right to close and delete an account that has remained inactive for a continuous period of six months.

7. Duties of the Company

Without prejudice to the other obligations provided for herein, the Company shall comply with the following obligations.

7.1 The Gastronomer undertakes to send orders via the Services only to the best of its knowledge and belief. In particular, "fun orders" or other orders that are not meant seriously are prohibited.

7.2 The Supplier undertakes to take note of and treat orders placed via the Services under the same conditions as other orders received outside the Services.

7.3 The Company is obliged to comply with applicable laws and regulations when using the Services and not to violate the rights of third parties or public order.

It shall be solely responsible for proper compliance with any legal requirements, in particular of an administrative, fiscal and/or labour nature, as well as for any payment of taxes or duties of any kind that may be incumbent upon it in connection with its use of the Services. CHOCO cannot be held liable in this respect under any circumstances.

7.4 The Company acknowledges that it is aware of the peculiarities and limitations, particularly of a technical nature, of all Services.

It bears sole responsibility for its use of the Services and, in particular, for the contacts it establishes with other companies and for the information it communicates to them within the framework of the Services. The Company undertakes to observe the customary rules of courtesy and decency in its exchanges with other companies.

7.5 The Company may only use the Services on a strictly personal basis. Accordingly, it is prohibited from assigning or transferring its rights or obligations under this Agreement to a third party in whole or in part in any manner whatsoever. Section 3.3 shall remain unaffected.

7.6 The Company shall provide CHOCO with all necessary information and actively cooperate with CHOCO with regard to the proper performance of the Services.

7.7 The Company is authorised to transmit through the Services any content or information (commercial, editorial, graphics, audios, audiovisual or other, including the name and/or image that the Company or a User may have chosen to identify him/her within the Services, the names of the Gastronomer and Suppliers and/or their contact details and the Lists of products) that it uses within the framework of the Service and, in particular, within the framework of its exchanges with other Companies or that it transmits to CHOCO for the provision of the Services (hereinafter "Content and/or Information").

It guarantees to CHOCO that it has all the necessary rights required for the dissemination of this content and information.

It undertakes to ensure that the said content or information is lawful, not contrary to public order, morality or the rights of third parties, whether intellectual property rights or equivalent, personal rights, trade secrets or confidential information, that it is not in breach of any legal or regulatory provisions and, more generally, that it is in no way likely to give rise to any liability on the part of CHOCO.

The Company shall only transmit Content and/or Information that is appropriate to the purpose of the Service and, in particular, shall not transmit the following Content and/or Information through the Services:

  • Content that is not reasonably related to the ordering or execution of contracts between Gastronomer and Supplier (such as political or religious content).

  • Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic or revisionist,

  • unlawful content,

  • content that violates personal rights,

  • information that breaches a confidentiality agreement or discloses a trade secret without permission,

  • Content that is false or misleading or promotes illegal, fraudulent or deceptive activities,

  • Content that is harmful to computer systems (such as viruses, worms, Trojan horses, etc.),

  • and, in general, any content that in any way and in any form infringes the rights of third parties or may harm third parties.

7.8 In order to use the Services, the Company must be connected to the Internet. The Company is solely responsible for the Internet connection, and the quality of the Services is directly dependent on this.

7.9 The App is subject to continuous development. CHOCO shall inform the Company of any new version or any change to an existing version. The Company acknowledges and accepts that the use of the Services via the App requires the use of the latest versions of the App.

8. Indemnification

The Company shall indemnify CHOCO against all claims and costs (including reasonable costs customary in the market for CHOCO's legal defence) arising because third parties assert claims against CHOCO for the infringement of their rights or for legal infringements due to prohibited content, insofar as the Company is responsible for such infringements or violations of rights.

9. Prohibited Conduct

9.1 It is strictly prohibited to use the App and the Services for the following purposes:

  • to engage in any activity that is illegal, fraudulent or prejudicial to the rights or safety of others,

  • to interfere with public order or to violate applicable laws and regulations,

  • to intrude into a third party's computer system or for any other activity designed to control, interfere with or intercept any content or breach the integrity or security of all or part of a third party's computer system,

  • for sending unsolicited e-mails and/or sending commercial solicitation or advertising messages,

  • for manipulations aimed at improving the ranking of a third party's website,

  • for disseminating information or links referring to a third party's website,

  • for aiding or abetting in any way, shape or form one or more of the acts and activities described above,

  • and generally for any activity using the Services for purposes other than those for which they were designed.

9.2 Also prohibited is (i) any conduct that is likely to interrupt, suspend, slow down or prevent the continuous provision of the Services, (ii) any intrusion or attempted intrusion into CHOCO's systems, (iii) any improper use of the App's system resources, (iv) any action that is likely to place a disproportionate load on the infrastructure of the Services, (v) any breach of security and authentication measures, (vi) any act likely to damage the financial, commercial or moral rights and interests of CHOCO or of the users of its Services (including other companies), and finally, in general, (vii) any breach of these Terms and Conditions.

9.3 It is strictly prohibited to monetise, sell or give access to all or part of the Services or the App and the information hosted and/or shared on them to third parties.

10. Measures in the event of non-compliance

In the event of non-compliance by a Company with any of the provisions of these General Terms and Conditions or, more generally, a breach of applicable laws and regulations, CHOCO reserves the right to take all necessary measures and in particular:

i. without prejudice to the termination provisions in Section 6 and subject to prior notice, suspend or block access to the Services of the Company or User who committed or participated in the breach,

ii. remove content posted on the Services,

iii. publish through the Services such information notices as CHOCO deems necessary,

iv. notify governmental agencies and authorities,

v. take legal action of any kind.

11. Duties of CHOCO

CHOCO shall provide the Services carefully and in accordance with the recognised rules of technology.

The average availability of the Services shall be 99% on a monthly average, i.e. the Services may be unavailable for up to 7.5 hours per month. Excluded from this are necessary planned maintenance work as well as disruptions that are not within CHOCO's sphere of influence, such as in particular force majeure or failures due to incorrect operation by the user. CHOCO shall, as far as possible, notify the Company of planned maintenance work in good time in text form. However, CHOCO expressly reserves the right to carry out unannounced maintenance work if necessary, in particular if this is required for data and/or operational security. CHOCO shall not be liable for temporary difficulties or inability to access the services due to circumstances beyond CHOCO's control, for force majeure or for disruptions in the telecommunications networks.

CHOCO has no knowledge of the content shared online by businesses as part of the Services and in particular in communications between Gastronomer and Suppliers. CHOCO does not proactively moderate, select, review or control communications and acts only as a hosting provider. CHOCO is not liable for the content of the businesses. Claims and complaints should be directed in the first instance to the author of the content in question.

12. Warranty and liability

The Services are provided free of charge. In accordance with the statutory regulations, CHOCO shall therefore not assume any warranty (unless a defect was fraudulently concealed) and shall only be liable for intent and gross negligence.

13. Intellectual property

The App, software, structures, infrastructures, databases and content of any kind (texts, images, graphics, music, logos, trademarks, databases, etc.) used by CHOCO in the context of providing the Services are protected by intellectual property rights. Any unauthorised use without the prior written consent of CHOCO is prohibited.

The Company is only entitled to reproduce and/or decompile the Software in whole or in part to the extent permitted by law.

The Company expressly authorises CHOCO to quote it throughout the duration of the Services and, where appropriate, to use the reproduction of its brand name or logo in the context of the Services in the App and the Web Interface, in particular for a supplier to designate its Product List, for the duration of this Agreement.

14. Confidentiality

14.1 Each party undertakes to keep strictly confidential the documents, data and information of the other party which it receives. In the case of CHOCO, the parties expressly agree that this confidentiality obligation extends to the personal data that CHOCO processes in the context of the Services for the Company. All such information is hereinafter referred to as "Confidential Information".

14.2 The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party for a period of five years from the end of the performance of the Services concerned. It may only disclose it to employees, trainees, vicarious agents or consultants if they are subject to professional secrecy or if obligations corresponding to the confidentiality obligations of these Terms and Conditions have been imposed on them beforehand. Furthermore, the parties shall only disclose the confidential information to those employees who need to know it for the performance of this contract and shall also oblige these employees to maintain confidentiality to the extent permitted by labour law for the time after their departure.

14.3 This obligation does not extend to Confidential Information:

  1. which was already known to the receiving party or thereafter becomes known to it from a third party without breach of any confidentiality agreement, legal requirements or governmental orders;
  2. which are already public at the time of their disclosure or which become public without breach of these conditions;
  3. which are required to be disclosed by law or by order of a court or governmental authority. To the extent permissible and possible, the recipient obliged to disclose shall notify the other party in advance and give it the opportunity to oppose the disclosure.

15. Mention as reference

The Company expressly authorises CHOCO to name it as a reference client and, where appropriate, to use its brand or logo for commercial references, including but not limited to at events, in its corporate or promotional materials, in articles, on its website and app, and on professional social networks such as LinkedIn, in any form whatsoever. The Company may at any time notify CHOCO that it definitively refuses CHOCO's use of its trademark or logo. In this case, CHOCO will discontinue the use of its brand or logo for the future.

16. Amendments

CHOCO may amend these General Terms and Conditions at any time, insofar as this is necessary to adapt to changes in the legal situation or similarly compelling developments and essential performance obligations of this contract are not changed to the detriment of the company. The Company shall be informed of such amendments and the date on which they come into force at least four weeks in advance in writing or by e-mail. Amendments to these GTC shall be deemed to have been approved if the Company does not expressly object to them by the time they take effect. CHOCO shall point out this period and the legal consequence of silence separately in the notice of amendment. In cases other than those described above, CHOCO shall obtain the consent of the companies in the event of any amendment to the General Terms and Conditions, for example via a notification in the app.

17. Final Provisions

Should any provision of these General Terms and Conditions be or become invalid or unenforceable or should these General Terms and Conditions contain a loophole, this shall not affect the legal validity of the remaining provisions of these General Terms and Conditions.

The contractual relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

In the event of a dispute regarding the validity, interpretation and/or execution or termination of these General Terms and Conditions, the parties agree that Berlin shall be the exclusive place of jurisdiction for all disputes arising from this contract, unless mandatory procedural rules conflict therewith.

Last updated: 03/06/2021

Our Use of Personal Information

‍We use Personal Information we collect to:

  • Fulfill or meet the reason for which the Personal Information was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or resolve your problem;
  • Manage our organization and its day-to-day operations;
  • Communicate with individuals, including via email, text message, social media and/or telephone calls;

  • Request individuals to complete surveys about our service offerings;

  • Market our Services to individuals, including through email, direct mail, phone or text message;

  • Administer, improve and personalize our Services, including by recognizing an individual and remembering their information when they return to our Site;

  • Operate, maintain and provide the features and functionality of the Services;Prepare for and facilitate our events;

  • Administer sweepstakes, contests, joint promotional activities or co-branded services;

  • Determine an individual’s eligibility for and/or proof of enrollment in our Services;

  • Create and maintain accounts for our members;

  • Process payment for accounts, deliveries, balances and related services; \

  • Facilitate user benefits and Services, including user support through our command center services;

  • Identify and analyze how individuals use our Site and Services;

  • Conduct research and analytics on our user base and our Services;

  • Improve and customize our service offerings to address the needs and interests of our user base and other individuals we interact with;

  • Test, enhance, update and monitor the Services, or diagnose or fix technology problems;

  • Help maintain the safety, security and integrity of our property and Services, technology assets and business;

  • Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CHOCO’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by CHOCO about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;

  • Defend, protect or enforce our rights or applicable contracts and agreements;

  • Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and

  • Comply with legal obligations.

Where an individual chooses to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.

Our Disclosure of Personal Information

‍We may disclose Personal Information in the following ways:

Affiliates: We may share Personal Information with other companies owned or controlled by CHOCO, and other companies owned by or under common ownership as CHOCO, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.

Business Partners: We may share client Personal Information with our business partners, such as our restaurants or suppliers and delivery partners, as well as third parties with whom we partner to provide contests, joint promotional activities or co-branded services, and such disclosure is necessary to fulfill requests or applications.

Your Employer: If you are using the Services in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.

Restaurants and Suppliers: If you are using the Services in connection with your role as a Restaurant or Supplier, we may disclose your information to other Restaurants and/or Suppliers. For example, we may disclose your information to another entity in conjunction with processing a purchase order, or responding to an inquiry.

‍Service Providers: We share Personal Information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries. We engage third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, administrative services.

‍Other Businesses As Needed To Provide Services: We may share Personal Information with third parties that an individual engages with through our Services or as needed to fulfill a request or transaction including, for example, payment processing services.

‍Other Third Parties: We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Services of interest, in accordance with their own privacy policies and terms. We also work with advertising, analytics and social media partners as described in the Cookies and Online Ads section below.

‍Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Personal Information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal Information may also be disclosed in the event of insolvency, bankruptcy or receivership.

‍Legal Obligations and Rights: We may disclose Personal Information to third parties, such as legal advisors and law enforcement: in connection with the establishment, exercise, or defense of legal claims; to comply with laws or to respond to lawful requests and legal process; to protect our rights and property and the rights and property of others, including to enforce our agreements and policies; to detect, suppress, or prevent fraud; to protect the health and safety of us and others; or as otherwise required by applicable law.

‍Otherwise With Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Site or service-related publications.

Cookies and Online Ads

‍What We Collect:

We, and our third-party partners, may automatically collect certain types of usage information when an individual visits our websites or interacts with our Services. We may collect this information through a variety of data collection technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “cookies”). For example, we may collect information about an individual’s device and its software, such as IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for our Services and to understand more about the demographics of our users.

‍How We Use That Information:

We use or may use the data collected through cookies to: (i) remember information so that an individual will not have to re-enter it during their visit or the next time they use our Services; (ii) provide and monitor the effectiveness of our Services; (iii) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Services; (iv) diagnose or fix technology problems; or (v) otherwise plan for and enhance our Services. As explained in more detail below, we and our advertising partners also use this information to understand browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and Services that may be of interest to an individual.

Choices About Cookies: To manage cookies, an individual may change their browser settings to: (i) notify them when they receive a cookie, so the individual can choose whether or not to accept it; (ii) disable existing cookies; or (iii) set their browser to automatically reject cookies. Please note that doing so may negatively impact an individual’s experience using our websites, as some features and Services on our websites may not work properly. Depending on an individual’s device and operating system, they may not be able to delete or block all cookies. In addition, if an individual wants to reject cookies across all their browsers and devices, they will need to do so on each browser on each device they actively use. An individual may also set their email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether they have accessed our email and performed certain functions with it.

Online Advertising

‍What We Collect and How We Use It:

We participate in interest-based advertising and use third-party advertising companies to serve targeted advertisements based on an individual’s browsing history. We permit third-party online advertising networks, social media companies and other third-party services, to collect information about an individual’s use of our online Services over time so that they may play or display ads on other websites, or services an individual may use, and on other devices an individual may use. Typically, though not always, the information used for interest-based advertising is collected through data collection technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “data collection technologies”), which recognize the device an individual is using and collect information, including click stream information, browser type, time and date the individual visited the website, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify an individual across devices. We and our third-party partners use this information to make the advertisements an individual sees online more relevant to their interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

‍Choices About Online Ads:

We support the self-regulatory principles for online behavioral advertising (“Principles”) published by the Digital Advertising Alliance (“DAA”). This means that we allow an individual to exercise choice regarding the collection of information about their online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If an individual wants to “opt out” of receiving online interest-based advertisements on their internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at: www.aboutads.info/choices, or http://www.networkadvertising.org/choices/.

When electing to opt-out through these sites, they will place an “opt-out” cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If an individual wants to opt-out of interest-based advertisements across all browsers and devices, they will need to opt-out on each browser on each device they actively use. If an individual deletes cookies on their device generally, they will need to opt-out again.

If an individual wants to “opt out” of receiving online interest-based advertisements on mobile apps, they should follow the instructions at http://www.aboutads.info/appchoices.

Please note that when an individual “opts-out” of receiving interest-based advertisements, this does not mean they will no longer see advertisements from us or on our Services. It means that the online ads that an individual does see from DAA program participants should not be based on their interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about an individual’s use of our Services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

Third-Party Partners and Social Media

‍Third-Party Partners:

We use Google Analytics to recognize an individual and link the devices they use when they visit our websites or Services on their browser or mobile device, log in to their account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the Services. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to an individual. For information on how Google Analytics collects and processes data, as well as how individuals can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. Individuals can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on past visits to the Service. Individuals may control their advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.

‍Social Media:

Our Services may include social media features, such as the Facebook Like button or other widgets. These social media companies may recognize an individual and collect information about their visit to our Services, and they may set a cookie or employ other data collection technologies. An individual’s interactions with those features are governed by the privacy policies of those companies.

We display targeted advertising to individuals through social media platforms, such as Facebook and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to an individual or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If an individual does not want to receive targeted ads on their social networks, they may be able to adjust their advertising preferences through their settings on those networks. An individual may learn more about advertising preferences by clicking on the links provided below. Please note that these links are provided for convenience only and we do not control the content or features that may be available on these third-party services.

To learn more about advertising preferences on Facebook Companies, please visit: https://www.facebook.com/help/109378269482053.

Children’s Personal Information

‍Our websites and online Services are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. If an individual is under the age of 13, they should not use our websites or online Services or otherwise provide us with any Personal Information either directly or by other means. If a child under the age of 13 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 13, we will promptly delete that Personal Information. ‍

Links to Third-Party Websites or Services

‍Our Site and Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online services or the practices of other third parties. To learn about the Personal Information practices of third parties, please visit their respective privacy notices.

Region-Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

‍For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at contact@choco.com to submit such a request.

For residents of the State of California, please click here for additional California-specific privacy disclosures.

Updates to this Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on this website or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

‍Contact Us

‍For any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to contact@choco.com.

Alternatively, inquiries may be addressed to:

Choco Communications GmbH

Attn: Legal Department
Hasenheide 54
10967 Berlin