T&Cs eLearn

1. Validity of the General Terms and Conditions

1.1. The following Terms and Conditions ("T&Cs") pertaining to executive english c / o Quantumcat GmbH & Co. KG, Hanselmannstraße 39, 80809 Munich, Germany (hereinafter referred to as "executive english"), act as binding when it comes to all contractual relationships with individual consumers or companies (hereinafter jointly referred to as "users" or " clients") who make use of the services offered by executive english. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his/her commercial nor his/her independent professional activity (§ 13 BGB). A client is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts on behalf of his/her commercial or independent professional activity (§ 14 BGB). Compliance with terms and conditions, which are expressly designated as valid for companies, do not apply to users.

1.2. Certain executive english services and/or products may be subject to separate terms and conditions of contract and/or registration, supplementing the provisions of these Terms and Conditions. These will be referred to separately in connection with the respective service/product. Insofar as these separate and special conditions for individual service areas deviate from the provisions of these T&Cs, the provisions of the special conditions shall prevail over the respective provision of these T&Cs. Our services / products are:

· eLearn group physical/virtuell/blended (client)

· eLearn 1:1 physical/virtuell/blended (client or user)

· eCall 1:1 virtuell (privat via www.executiveenglish.eu/shop ) – (user)

· eLearn e3 – Learning management tool ( www.learn.e3-lms.com ) (client or user)

· eLearn Workshop (client)

· eLearn eWorkshop www.executiveenglish.eu/workshops ) (user)

User = individual. Client = represented by a company.

1.3. The contractual partner is executive english c / o Quantumcat GmbH & Co. KG, Hanselmannstraße 39, 80809 Munich, Germany, unless another contractual partner is expressly designated in the context of a special offer.

2. Prices and terms of payment

2.1. For the respective services and / or products offered by executive english, the prices stated at the time of the order apply.

2.2. The prices shown on www.executiveenglish.eu or prices shown in the print documents of executive english are final prices and include the statutory value added tax, insofar as this applies to the respective service or product.

2.3. The prices corresponding to the respective services or product descriptions on www.executiveenglish.eu apply. The user undertakes to pay this price. Payment is due when ordering the service or product.

2.4. The prices correspond to the respective services or product descriptions on the offer. The client undertakes to pay this price. executive english will send an invoice at the beginning of the following month for the last month. The payment period is 14 days.

3. Cancellations

3.1. A cancellation of an eLearn workshop (client) is possible free of charge up to 4 weeks before the start of the session. In the case of a later cancellation before the start of the sessions 50% cancellation fees will be charged on the tuition fees. In case of cancellation up to 7 days before the start of the lesson, the entire price of the group course will be due. The client is free to prove to executive english that the expenses saved by his termination justify a significantly lower cancellation fee or no cancellation fee at all. A cancellation of an eLearn eWorkshops (user) up to 7 days before the start of the lesson is free of charge, after that the cancellation fees are 100% of the workshop costs.

3.2. For courses already started (or within 4 weeks of commencing) eLearn group physical / virtual / blended (client) the following applies: If the client cannot attend the lesson (e.g. due to illness, vacation, professional hinderance, etc.), the lesson fee must still be paid. The contract can be terminated with a notice period of 4 weeks to the end of the month, but at the earliest 4 weeks after the start of the course or expected start date.

3.3. Termination without notice of both contracting parties is only possible in exceptional cases. If the client does not meet his payment obligation and falls into arrears accordingly, executive english is entitled to terminate the contract without notice. Any termination must be in writing in order to be effective. If the client continues to participate in teaching units after the agreed duration of instruction has expired, this shall be deemed to be an extension of the contract to the currently valid contractual terms and conditions.

3.4. Should a course eLearn 1:1 physical/virtual/blended (client or user) be cancelled by the client with a valid reason, executive english or the responsible teacher must be notified of this cancellation at least 24 (in words: twenty-four) hours in advance. In this case, the parties may agree on an alternative date. In the case of a cancellation of less than 24 hours, the full service will be charged and executive english is exempt from any consideration in this case. Cancellations must be made in writing (e-mail) or via SMS.

4. Special conditions for executive english virtual offers

4.1. Webshop

4.1.1. Unless otherwise stipulated in special circumstances, the offers created by executive english on the Internet and submitted in e-form as well as the executive english teaching contracts shared with clients are considered to be binding and indicative of the client’s intention to conclude a contract with executive english. The client can accept the offer by placing an order. When ordering on the Internet, the contract is concluded with the dispatch of the client’s order to executive english. These Terms and Conditions apply.

4.1.2. In the executive english webshop, the desired product can be viewed in more detail without obligation by clicking on the product name or the button. By clicking the button [Add to cart], the client can place the item in the shopping cart. The contents of the shopping cart can be viewed without obligation at any time by clicking on the link/the graphic [shopping cart]. To complete the booking, the client must press the [Buy] button. The client sends the order to executive english. The client will then receive a confirmation of the order by e-mail.

4.1.3. Advertising promotions: Under the terms of executive english's promotion scheme, clients and users are able to take advantage of a 10% discount off a number of our services (workshops, seminars, physical/ virtual courses). If a discount is associated with a purchase then the client /user is required to book and commence their service/course within 6 months of the date of purchase. Otherwise they will forfeit their purchase altogether.

4.2. eLearn e3-Learning management tool (www.learn.e3-lms.com www.learn.e3-lms.com )

4.2.1. The user / client specifies the name (s) of the desired participant (s) when placing the order and assures that they are aware of and observe these Terms and Conditions. The client also expressly undertakes to protect access data and passwords in the client’s area in such a way that unauthorized use of ecutive english services by third parties is excluded. Access to the Online offers is only available to participants who have been assigned a username and a personal password. It is a temporary service. executive english does not refund its clients for unused or underused access.

4.2.2. Mit Unterzeichnung durch den Kunden bzw. im Falle einer Onlinebuchung erhält der Kunde eine Lizenz für das eLearn e3 – Learning management tool ( www.learn.e3-lms.com 4.2.2. Upon signing by the client or in the case of an online booking, the client receives a license for the eLearn e3-Learning management tool (www.learn.e3-lms.com) (Provision of the license), which is valid until the end of the course provided for in the contract.

4.3. Technical requirement, responsibility, system requirements

4.3.1. The participant is responsible for the functionality of his/her computer or telephone connection and its maintenance. He/she shall bear the costs of the Internet connection in order to access the Services. executiveenglish does not guarantee that the services offered can actually be used with the client’s device.

4.3.2. The client takes on responsibility for supplying all necessary technical equipment to all participants registered by him/her him/herself. The functionality and maintenance of the computer used and/or the provision of a properly equipped computer necessary to follow the course via the Internet are under no circumstances the responsibility of executive english or its agents. The costs for the Internet connection, which is necessary in order to be able to use the online placement test (=language audit) and courses via the Internet, are exclusively at the expense of the client.

5. Data Protection executiveeenglish.eu

5.1. Collection and storage of personal data, data type and usage

Beim Aufrufen unserer Website www.executiveenglish.euWhen you visit our website www.executiveenglish.eu, the browser on your device automatically sends information to the server on our website. This information is temporarily stored in a so-called log file. The following information is routinely stored and remains so until it is automatically deleted:

· IP-address of the requesting computer

· Date and time of access

· Name and URL of the retrieved file

· Website from thich access is made (referrer URL)

· The browser used and, if applicable, your computer’s operating system as well as the name of your access provider.

The data identified above are leveraged by us in the following way:

· To ensure an uninterrupted website connection

· To ensure a sitisfactory user experience whilst visiting our website

· To evaluate system security and stability

· For other administrative purposes

The legal framework that supports this data processing is pursuant to Art. 6 para. 1 s. 1 lit. f of the General Data Protection Regulation forthwith referred to as the "GDPR." Our legitimate interest in your data surrounds the usages listed above that relate to our collection of data. Under no circumstances do we use the data collected for the purpose of building intelligence about you personally.

In addition, we use cookies and analytics when you visit our website. For more information, see below.

If you have expressly consented to our using your email address in order to send regular newsletters, then this is carried out according to Art. 6 para. 1 s. 1 lit. a of the GDPR. In order to receive the newsletter, it is sufficient to provide us with an e-mail address. When you register to receive one of our newsletters the so-called "double opt-in procedure" applies. This means that upon receipt of your registration to receive our newsletter, we will contact you to confirm that you still wish to receive it. If you do not confirm your registration, your information will be blocked and automatically deleted by the following quarter. During this time, we will store your corresponding IP addresses and the time of both your registration and confirmation. The justification for this is simply to be able to prove that you have opted in and, if under scrutiny, to provide transparency relating to any possible misuse of your personal data.

You are free to unsubscribe from our newsletters at any time using the link provided at the end. Alternatively, you can send your un-subscribe request, at any time, by e-mail to info@executiveenglish.eu or to the contact details given in the imprint

If you should have any questions of any sort, you are free to contact us using the contact form available on the website. A valid e-mail address is required, in order to identify the origin of the sender and respond appropriately. Additional information may be provided voluntarily. This data associated with contacting us, are processed in accordance with Art. 6 para. 1 s. 1 lit. a of the GDPR that pertains to the handling of data provided to us voluntarily. The same applies to the use of the questionnaire that we send out prior to one of our seminars. The personal data collected by us through our contact form will be automatically deleted once your request has been processed. This applies further to any personal data collected by us in the questionnaire – which will be deleted automatically 14 days after the event has taken place.

5.2. Cookies

We use cookies on our site. These are small files that your browser automatically generates when you visit our site and which are stored on your device (laptop, tablet, smartphone, etc.). Cookies cause no damage to your end device, do not contain viruses, trojans or other malware. Information is stored in the cookie that is generated uniquely through the connection with your specifically used terminal device. However, this action does not mean that we are able to immediately capture information relating to your identity. The use of cookies is two-fold. Firstly, they serve to make your experience with us more enjoyable. For example, we use so-called session cookies able to recognise whether you have visited specific pages on our website. These are then automatically deleted upon your leaving our site.

Additionally, we also use temporary cookies that are stored on your end device for a specified period of time to optimise user-friendliness. If you visit our site again to use our services, it will automatically recognise that you have already been with us and what entries you made and settings you selected so that you are not requested to enter them again.

The data collected by cookies is required for the aforementioned purposes in order to protect our legitimate interests and those of third parties pursuant to Art. 6 Para. 1 s. 1 lit. f of the GDPR. Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, the complete deactivation of cookies can lead to reduced functionality or restricted features on our website.

5.3. Analyse Tools

The tracking methods listed below, and used by us, are carried out pursuant to Art. 6 para. 1 s. 1 lit. f of the GDPR. Through the use of these tracking methods, we can ensure that our website is designed to meet the requirements of our customers and optimised on an ongoing basis. Additionally, we use these tracking methods to statistically capture the activity on our website and to evaluate it for the purpose of optimising our service offering to you. These interests are deemed to be legitimate according to the afore mentioned provision.

5.4. Google Analytics

For the purpose of demand-oriented design and continuous optimisation of our pages, we use Google Analytics, a web analysis service of the

Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). In this context, pseudonymized user profiles are created and cookies are used. The information gathered during your website visit through the use of cookies is transferred to a Google server in the USA and stored there. This information includes:

• Browser-Typ/-Version,

• Operating system used

• Referrer-URL (the previously visited page,

• Host name of the accessing computer (IP address)

• Time of the server request

The information is used to evaluate the use of the website, to compile reports on website activities, to provide further services associated with the use of the website and the Internet, and for the purposes of market research and demand-oriented design of these internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of the company. Under no circumstances will your IP address be combined with other data from Google. The IP addresses are anonymized so that such an assignment is rendered impossible (IP masking).

You may choose to deactivate the use of cookies by selecting the appropriate settings on your browser, however you should note that doing this may lead to reduced functionality or restricted features on this website.

You may also choose to prevent the collection of data generated by cookies in relation to the use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on the above link. An opt-out cookie is then activated to prevent future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will be required to reset the opt-out cookie.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=en).

5.5. Google Adwords Conversion Tracking

We use the online advertising program "Google AdWords" and conversion tracking as part of Google AdWords. Google Conversion Tracking is an analysis service belonging to Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, “Google”).

When you click on an ad served by Google, a conversion tracking cookie is placed on your computer. These cookies lose their validity after 30 days, do not contain any personal data and are therefore not used for personal identification.

If you visit certain pages of our website and the cookie has not yet expired, Google and we can recognise that you clicked on the ad and were redirected to this page. This information is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. If you do not wish to participate in tracking, you can object by preventing the installation of cookies and setting your browser software accordingly (deactivation option). They are then not included in the conversion tracking statistics. Further information and Google's privacy policy can be found at:

http://www.google.com/policies/technologies/ads/, http://www.google.de/policies/privacy/

6. General

Appointment commitments by executive english are subject to availability of appropriate teachers. executive english endeavours to always provide a substitute teacher in the event of a teacher's absence. There is no entitlement to receiving a specific teacher. executive english offers substitute teaching units or workshops/seminars for failed teaching units (UE) or workshops/seminars. If this is not possible in individual cases, executive english undertakes, in addition to immediate notification of the user, to reimburse any UE paid and not carried out after the respective programme has been completed. A change of teacher can be part of the executive english method and does not entitle the client to terminate or withdraw from the contract. executive english is not liable for the failure to achieve a certain learning and teaching success. The specifications made by executive english regarding required UE to achieve a teaching goal are based on many years of experience and may differ in individual cases from actual requirements.

6.1. Before the start of a course, a language audit, an online placement test or a needs analysis is carried out, with the help of which the level, goals and job-specific orientation for the training program for the individual participant are determined.

6.2. 1.1. For several groups, an orientation in the form of an introduction date takes place before the start of classes, which is agreed with the client in good time.

7. Liability

7.1. Damages

executive english is only liable for damages in the event of intent and gross negligence. executive english is also liable for the negligent breach of material contractual obligations (cardinal obligations), i.e. those obligations whose breach endangers the achievement of the purpose of the contract and on whose compliance a contractual partner may regularly rely. In the event of negligent breach of cardinal obligations, however, executive english shall only be liable for the foreseeable damage typical of the contract.

7.2. Disclaimers

The above exclusions of liability do not apply to injury to life, body and health. Liability under the Product Liability Act remains unaffected. An exclusion or limitation of the liability of executive english also applies to the personal liability of its legal representatives, employees and other vicarious agents.

8. Privacy Statement

executive english undertakes not to pass on to third parties or communicate to third parties any confidential knowledge and documents, as well as anything that has been known or entrusted in the performance of this contract or on occasion by the client. executive english undertakes to disclose all information in this context only to such employees to the extent necessary for the execution of this contract. Employees are equally obliged to maintain confidentiality if they are not already required to do so by virtue of their employment or employee contract.

9. Privacy

Quantumcat GmbH und Co.KG, Hanselmannstraße 39, 80809 Munich, uses a CRM system for the associated brand executive english. Here we store the following details about you: first name, last name, e-mail address, possibly your CEF level (e.g. B1, C2 etc.), possibly a certificate of participation.

The protection of your personal data is important to us. According to the EU General Data Protection Regulation (GDPR), we are obliged to inform you about the purpose for which our company collects, stores or forwards data. You can also find out from this information which rights you have with regard to data protection.

Responsible for data processing is: Rebecca InnerhoferCompany name: Quantumcat GmbH und Co. KG, Address: Hanselmannstraße 39, 80809 Munich

rebecca@executiveenglish.eu

9.1. Purpose of data processing

The collection of your data takes place:

1. to be able to analyse your language level at the beginning and end of the course.

2. to enable you to track your course progress.

3. to provide you with a certificate and / or course report at the end of the course.

4. to facilitate contact between you and your teacher.

5. so that we can contact each other in case a session needs to be canceled.

6. (for digital courses) to be able to send you the links to the video conference. Your data is never entered into the video conferencing software app.

3. um Ihnen ein Zertifikat und/oder einen Kursbericht am Ende des Kurses zukommen zu lassen.

9.2. Storage of your data

We only keep the client-related data for as long as is necessary for the execution of the course. This data is automatically deactivated after the course has expired. You remain deactivated for 12 months, then your data will be automatically deleted. The same applies to course participants eLearn group physical / virtual / blended (client) and eLearn Workshop (client). However, you will also be asked to sign our "Privacy Policy", through which you personally give us your consent.

9.3. Disclosure of data to third parties

Quantumcat GmbH & Co. KG uses a third-party provider to provide a cloud-based CRM system that our learners and clients can use. This third-party provider has been carefully selected in accordance with data protection regulations. A transfer of your personal data to third parties is also excluded here.

9.4. Your Rights

You have the right to receive information about the personal data concerning you. You can also request the correction of incorrect data. In addition, under certain conditions, you have the right to delete data, the right to restrict data processing and the right to data portability.

The processing of your data takes place on the basis of legal regulations. Only in exceptional cases do we need your consent. In these cases, you have the right to withdraw your consent for future processing. You also have the right to complain to the competent supervisory authority for data protection if you believe that the processing of your personal data is not lawful.

9.5. Right of objection

In addition, you can exercise your right of objection at any time without giving reasons and amend or completely revoke the declaration of consent with effect for the future.

10. Special information

If you participate in one of our digital courses via Zoom, Webex or Teams: By participating in the course, you accept the conditions of this third party. However, we never share your personal data with these third parties. Digital sessions may be recorded for learning purposes and then sent exclusively to the participants. The recordings are always password protected and are not sent via any third party system, but via the executive english email system. https://zoom.us/de-de/terms.html

11. Place of performance, place of jurisdiction

Place of performance is Munich, place of jurisdiction Amtsgericht or Landgericht München.

Last updated: June 2022