Terms of Use

1. Scope

These Terms of Use apply to the use of the MeinDatensatz service, operated by IDentity Center GmbH, Frankfurter Str. 151B, 63303 Dreieich, Germany (hereinafter "Provider").

MeinDatensatz is exclusively intended for businesses (B2B). By registering or using the service, the business customer (hereinafter "Customer") accepts these Terms of Use.

2. Service Description

MeinDatensatz is a GDPR transparency escrow service. The Provider offers a platform whereby:

• Customer records can be uploaded and stored in encrypted form,
• end customers receive access to their own data via token link and passphrase,
• end customers can submit corrections to their data,
• amended records are returned to the business customer in encrypted form,
• all accesses and changes are logged in a tamper-proof audit trail.

The Provider has no knowledge of the decrypted content of customer records at any time.

3. Registration and Access

Use of the administration area requires registration. The Customer is obligated to provide accurate information upon registration and to update it promptly if it changes.

Login is performed via one-time codes (OTP) sent by email. The Customer is responsible for securing access to their email account. Sharing login credentials with third parties is prohibited.

4. Customer Obligations

The Customer undertakes to:

• use the service solely in compliance with applicable law, in particular the GDPR,
• upload only records for which a legal basis for processing exists,
• transmit passphrases to end customers in a GDPR-compliant manner,
• notify the Provider immediately of any security incidents or loss of credentials,
• refrain from automated attacks, overload attempts, or any other misuse of the service.

5. Availability

The Provider strives for high availability of the service but provides no guarantee of uninterrupted availability. Maintenance windows will be announced in advance where possible.

6. Pricing and Billing

Current pricing is available at meindatensatz.de/pricing. Billing is usage-based per active job according to the current price list. All prices are net, exclusive of applicable VAT. Invoices are issued electronically.

7. Data Protection

All records uploaded by the Customer are stored exclusively in encrypted form. The Provider has no access to decryption keys or decrypted content at any time. The stored data therefore does not constitute personal data within the meaning of Art. 4(1) GDPR as far as the Provider is concerned (cf. Recital 26 GDPR). A Data Processing Agreement under Art. 28 GDPR is therefore not required between the Provider and the Customer for the escrow function. Full reasoning is available at meindatensatz.de/avv.

The Customer remains fully responsible as controller towards its end customers. In particular, the Customer must ensure a legal basis exists for the data upload, that end customers are informed about the use of the service, and that passphrases are transmitted via a GDPR-compliant separate channel.

For information on how the Customer's own registration data is processed, please refer to our Privacy Policy.

8. Liability

The Provider is fully liable for intent and gross negligence, and for damages arising from injury to life, body, or health.

In cases of slight negligence, the Provider is only liable for breach of a material contractual obligation (cardinal obligation), limited to typically foreseeable damages.

The Provider is not liable for loss of data if the Customer has not maintained appropriate backups, nor for damages caused by the Customer losing their passphrase, as the Provider has no access to decrypted data.

9. Term and Termination

The service agreement is concluded for an indefinite period. Either party may terminate the agreement at any time with 30 days' notice to the end of the month.

The right to extraordinary termination for cause remains unaffected. Upon contract termination, all Customer data will be irreversibly deleted within 30 days, unless statutory retention obligations apply.

10. Governing Law and Jurisdiction

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction, to the extent permitted by law, is Frankfurt am Main, Germany.

11. Amendments to these Terms

The Provider reserves the right to amend these Terms. Changes will be communicated to the Customer by email with at least 30 days' notice. If the Customer does not object within 30 days of receiving notification, the changes are deemed accepted.

12. Severability

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid one.