Terms and Conditions

Privacy Policy

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the "controller") for purposes of data protection law is:

 

Onset at work GmbH

Hollgasse 5

1050 Vienna

AUSTRIA

 

The controller's data protection officer is:

Clemens Hoenig

Clemens.hoenig@focuspulleratwork.com

 

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);

  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);

  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;

  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);

  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

 

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

 

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.  

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Customer account/registration

If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.

During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account. 

If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.

If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.

You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.

 

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

 

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

 

User posts, comments, and ratings

We offer you the opportunity to post questions, answers, opinions, and ratings on our website, hereinafter referred to jointly as "posts." If you make use of this opportunity, we will process and publish your post, the date and time you submitted it, and any pseudonym you may have used.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

In addition, we will also process your IP address and email address. The IP address is processed because we might have a legitimate interest in taking or supporting further action if your post infringes the rights of third parties and/or is otherwise unlawful.

In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in any legal defense we may have to mount.

 

Follow-up comments

If you make posts on our website, we also offer you the opportunity to subscribe to any subsequent follow-up comments made by third parties. In order to be able to inform you about these follow-up comments, we will need to process your email address.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent to this subscription under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each email.

 

Facebook plug-in

Our website uses the plug-in of the Facebook social network. Facebook.com is a service provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU, this service is also operated by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, hereinafter both referred to as "Facebook."

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website.

Further information about the possible plug-ins and their respective functions is available from Facebook at

https://developers.facebook.com/docs/plugins/

If the plug-in is stored on one of the pages you visit on our website, your browser will download an icon for the plug-in from Facebook's servers in the USA. For technical reasons, it is necessary for Facebook to process your IP address. In addition, the date and time of your visit to our website will also be recorded.

If you are logged in to Facebook while visiting one of our plugged-in websites, the information collected by the plug-in from your specific visit will be recognized by Facebook. The information collected may then be assigned to your personal account at Facebook. If, for example, you use the Facebook Like button, this information will be stored in your Facebook account and published on the Facebook platform. If you want to prevent this, you must either log out of Facebook before visiting our website or use an add-on for your browser to prevent the Facebook plug-in from loading.

Further information about the collection and use of data as well as your rights and protection options in Facebook's privacy policy found at

https://www.facebook.com/policy.php

 

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics' JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

 

 

TERMS OF USE

 

Status: [ 2021/09/01 ]

 

Conditions

(1) This website (the " focuspulleratwork.com ") and / or the services, including all associated mobile applications (collectively: the " services "), is owned and operated by [ onset at work GmbH ] ( hereinafter also: “ we ”, “ us ” and “ our ”). These Terms of Use (“Terms ”) set out the terms and conditions under which visitors or users (collectively, “ user ” or “ you ”) may visit or use the Site and / or the Services.

(2) By accessing or using the Services, you declare that you agree to the terms and conditions and agree to them in a binding manner. If you do not agree to all of the terms, you may not access the site or use the Services. Please read these terms and conditions carefully before accessing our site or using the services. These terms and conditions tell you who we are, how you use the services and what you can do in the event of problems.

(3) You affirm that you are of legal age and have the legal authority, the right and the freedom to enter into a binding agreement on the basis of these terms and conditions and to use the services. If you are a minor, you can only use the services with the permission of your parents or legal guardians.

 

WIX Policies

The site and its services are based on Wix.com, a cloud-based online platform. By accessing or using the site services, you declare that you agree to the terms and conditions of Wix.com listed below (Links) and agree to them in a binding manner. If you do not agree to all of the terms, you may not access the site or use the services. Please read these terms and conditions carefully before accessing our site or using the services.

Links:

https://www.wix.com/about/terms-of-use

https://www.wix.com/about/privacy

https://www.wix.com/about/cookie-policy

https://www.wix.com/about/privacy-dpa-users

 

Member Account

(1) In order to access and use certain areas and functions of our site, you must first log in and create an account (“member account”). You must provide correct and complete information when registering your member account.

(2) If someone other than you accesses your member account and / or your settings, they can carry out all the actions available to you, e.g. make changes to your member account. We therefore strongly advise you to keep the login details for your member account safe. All activities are presumed to have occurred for you and on your behalf, and you may be solely responsible for those activities that occur under your member account, whether or not you have specifically authorized them, and for all of them damages, expenses and losses resulting therefrom.

(3) You can create and access your member account via a dedicated website or via a third-party platform such as Facebook (the “ social network account ”). When you log in using an account on a third-party platform, you hereby give us access to certain information about you that is stored in your social network account.

(4) We permanently or temporarily can block or suspend your access to the member account, without any liability claims on your part, in order to protect us, our site and our services or other users if, for example, you the provisions of these conditions or applicable law or regulations are infringed by your use of the Site or your member account. This can be done without prior notice if the circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your member account by giving a two months' notice by email if we e.g. discontinue our program for member accounts. You can stop using your member account at any time and request the deletion of your member account.

 

Permitted Use

(1) Our services are made available to you for information purposes and in general only for private, non-commercial use. Commercial use will be agreed separately. When using our services, you must comply with these terms and all applicable laws.

(2) Unless expressly permitted by these Terms, it is not permitted: (i) to use our services in an unlawful or fraudulent manner (including infringing the rights of third parties) or for the purpose of collecting personal data or posing as other users; (ii) to change or use our notices of copyrights, trademarks or other proprietary rights or interfere with the security-related functions of our services; (iii) to use our services in any way to manipulate or falsify content or undermine the integrity and correctness of content, or take action to disrupt, damage or interrupt parts of our services; (iv) to use our services to send, receive, upload / post, download material, that does not meet our content standards; (v) to use our services to transmit unsolicited or unauthorized advertising or promotional material or to enable the transmission thereof; (vi) to use our services to transmit data or upload data to our services that contains viruses, trojans, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code that may cause interference of computer software or hardware (vii) to use robots, spiders, other automatic devices or manual processes to monitor or copy our website or other web pages or the content contained in our services, or use network monitoring software, to determine the architecture of our services or to extract usage data from our services; (viii) to engage in behavior that restricts or prevents other users from using our services, or (ix) using our services for commercial purposes or in connection with a commercial activity carried out without our prior written consent/ agreement. You agree to cooperate fully with us in (i) investigating any activity that is suspected or actually violates these terms and conditions or use our services for commercial purposes or in connection with any commercial activity conducted without our prior written consent; (ii) in investigating any activity that is suspected or actually violates these terms and conditions or use our services for commercial purposes or in connection with any commercial activity conducted without our prior written consent; (iiI) in investigating any activity that is suspected or actually violates these terms and conditions.

 

Intellectual property rights

(1) Our services and related content (and all derivative works or improvements thereof), in particular with regard to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , Products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights thereto, are either owned or licensed by us (collectively, “our intellectual property rights“) and none of the wordings in these terms gives you rights in connection with our intellectual property rights. Unless expressly stated here or required by mandatory statutory provisions for the use of the services, you do not acquire any rights, claims or interests in our intellectual property rights. All rights not expressly granted in these conditions are expressly reserved.

(2) If the services include the provision of digital content, such as music or videos, you are granted the rights as set out in relation to such content on the site.

 

User content

(1) Within or with the aid of our services you are able to post texts, files, images, photos, videos, sounds, musical works, copyrighted works, audio files, fonts, logos, brands, illustrations, compositions, applications, comments, information and other appropriate material (collectively, " User Content ").

(2) By displaying or publishing (" posting ") user content within or with the aid of our services, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, change, delete, supplement , public presentation, public display and reproduction of such user content as part of the services by distributing part or all of the services in the appropriate media formats via the media channels we support, with the exception that user content that is not publicly (" private ") passed on not be disseminated outside of the services.

(3) You represent and warrant that: (i) the user content you upload or make available through the Services is your property or you otherwise have the right to grant the license described in this section, (ii) that posting and using your user content in or through the Services does not violate any privacy, publicity, copyrights, contractual, intellectual property or other rights of any person, and (iii) posting your User Content on the Services does not violate any contracts between you and any third party violates.

(4) If you believe that your work has been copied or otherwise used in a manner that constitutes a copyright infringement, you can notify us of this by providing the following information (our contact details for this can be found in the last section of these terms and conditions):

(i) the contact details of the person authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you believe has been infringed;

(iii) a description of the material that you claim is infringing or is the subject of infringing activity and that you want to remove or block access to, and information sufficient to enable us to approve the material find (including url address);

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) a statement that the information in the Notice is correct and an affidavit that you are either the copyright owner or have authority to act on behalf of the owner of a copyright that is allegedly infringed.

(5) We reserve the right to inform the natural or legal person who reported the violation of any counter-notification and to provide all details contained therein.

(6) We can be reached at the following address:

Name: Onset at work GmbH

Address: Hollgasse 5, Vienna AUSTRIA

Email: info@focuspulleratwork.com

 

Disclaimer of Warranties for Use of the Site and Services

The services, our intellectual property rights and all information, materials and content that are made available in connection therewith and made available to users free of charge are provided without guarantee of defects and availability and without guarantees of any kind, express or tacit (guarantees of suitability for a specific purpose or warranties regarding the security, reliability, timeliness, accuracy and performance of our services, among others) provided - with the exception of cases of malicious failure to disclose defects. We do not guarantee that free services will be provided without interruption or error, or that they will meet your requirements. Access to the Services and the Site may be due to repairs.

 

Exemption

You agree to defend us and hold us harmless from and against all actual or alleged claims, claims for damages, costs, liabilities and expenses (especially reasonable attorney fees) arising out of or in connection with your use of the Website and the Services in breach of these terms and conditions, including in particular any use that violates the restrictions and requirements set out in the "Permitted Use" section or any User Content that you uploaded or made available in violation of the warranties set out in the "User Content" section unless these circumstances are not your fault.

 

Limitation of Liability

(1) We are only liable in the event of willful misconduct, gross negligence, negligent injury to life, limb, health or slightly negligent breach of an essential contractual obligation, and only in the case of paid services. A "material contractual obligation" means an obligation that you must meet in order to properly implement the Agreement and that you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of customary and foreseeable damage for this type of contract.

(2) The above provisions apply to our contractual (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as for liability arising from transactions before the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.

 

Change of Terms and Services; attitude

(1) We reserve the right to change these terms from time to time in our sole discretion to reflect changes in law or additional features that we may introduce or as we otherwise develop our business. Therefore, you should read these terms regularly and in any case when you register for a member account (if applicable). The new terms will apply to your use of the service after they come into effect. If the ongoing services you use are affected by the changes in the conditions, we will take appropriate account of your legitimate interests. We will inform you of such changes in good time in advance. The changes are deemed to have been accepted by you, if you do not object to these changes within two months of this notification. We will point this out to you in our message. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force.

(2) We can change the services, discontinue the provision of the services or one or more function(s) of the offered services or limit the services. We can terminate or suspend access to the services or the services themselves permanently or temporarily - without giving reasons and without further obligations. If this is possible under the given circumstances, we will inform you in good time in advance and take your legitimate interests into account when taking such measures.

 

Links to third party websites

The services may contain links that you can use to leave the site. Unless otherwise stated, the linked sites are beyond our control and we are not responsible for the content of any linked site, for any links contained on any linked site, or for any changes or updates to such sites. We are not responsible for transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.

 

Applicable Law

(1) These conditions are subject to the laws of Austria (without taking into account the conflict of laws provisions) and are to be interpreted accordingly.

(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.

 

Various

(1) A waiver by one of the parties with regard to a breach or delay under these terms and conditions does not constitute a waiver for previous or subsequent breaches or delays.

(2) The headings used in these terms and conditions are only used for better understanding; no legal meaning is to be assigned to them.

(3) Unless otherwise expressly stated, if any part of these terms and conditions is deemed illegal or unenforceable for any reason, it is agreed that this part of the terms and conditions will be deleted and the remaining terms and conditions will remain unaffected and in full effect.

(4) Without our prior written consent, you can neither assign your agreement with us under these terms and conditions nor all or part of your contractual rights or obligations.

(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services.

(6) The provisions of these conditions, which due to their nature are intended to outlast such an act on our part, remain in effect, in particular with regard to provisions regarding compensation, indemnities, exclusions of liability, limitations of liability and this section "Miscellaneous".

 

Contact

To contact us, please send an email to:

Clemens Hoenig

Clemens.hoenig@focuspulleratwork.com

or

info@focuspulleratwork.com

 

 

Content Standards

Unless expressly permitted by these Terms or separate agreement, it is especially not permitted to use our services to send, receive, upload / post, download material, that does not meet our content standards. Content standards are breached if user content

 

  • contains disrespectful or derogatory remarks about any other member

  • contains advice or content that we believe is damaging, unhelpful or distressing to others

  • contains swearing or offensive language

  • promotes personal beliefs in a way that is disrespectful of the choices of others

  • infringes the privacy of individuals or service providers

  • is racist, sexist, homophobic, sexually explicit or suggestive, abusive or otherwise discriminatory or objectionable

  • advertises products, services, events or research

  • makes any reference to specific prescription medication names and/or dosages or seeks medical advice

  • describes or encourages violence, suicide or other activity which could endanger the safety or wellbeing of others

  • contains self-harm or sexual abuse

  • is a copy of another post or contains the same, or similar, message posted multiple times elsewhere

  • is made from duplicate accounts.