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Madelines Studio e.U. Veste Rohr 2e 2500 Baden Austria
Webshop: www.madelines.at E-Mail: hi@madelines.at Telephone number: +43 660 495 1204 Managing Director: Madeleine Müller, BA Company register number: FN599509g Company register court: District court St. Pölten Supervisory Authority: BH Wr. Neustadt
VAT Number: ATU80188958 Member of: WKÖ, WKNÖ, Advertising and Market Communication Business Purpose: Advertising Graphic Designer Professional Law: Trade Regulations: www.ris.bka.gv.at

GENERAL TERMS AND CONDITIONS
1. Scope
1.1 These GTC apply to all contracts between Madelines Studio e.U. and its clients. They pertain to business relationships with companies (B2B). Additional provisions apply to consumers (B2C) where relevant.
1.2 By using the services of Madelines Studio e.U., the client accepts these GTC.
2. Subject of Service
2.1 Madelines Studio e.U. offers graphic design and social media management services according to individual agreements with the client.
2.2 The specific services are defined in the offer provided by Madelines Studio e.U.
2.3 Services necessary to achieve the agreed service objective are considered included, even if not explicitly mentioned.
3. Social Media Channels
3.1 Madelines Studio e.U. expressly points out that providers of social media channels (e.g., Meta/Facebook, Instagram) have the right to remove advertisements or content without providing reasons. Madelines Studio e.U. is not liable for such removals as they fall under the platform's control. The client acknowledges these conditions upon commissioning the services.
4. Service Delivery and Client Cooperation Obligations
4.1 Madelines Studio e.U. performs the agreed services to the best of its knowledge and in compliance with all legal requirements.
4.2 The client agrees to provide all information and documents required for the execution of the contract in a timely manner. Delays or additional efforts caused by incomplete or late information will be borne by the client.
4.3 All materials necessary for executing the contract will be provided by Madelines Studio e.U. The client has no entitlement to additional services beyond this.
5. Third-Party Services / Engagement of Third Parties
5.1 Madelines Studio e.U. is entitled to engage third parties (e.g., freelancers or subcontractors) to fulfill the contract. The selection of these third parties will be made with the utmost care.
6. Contract Duration and Termination
6.1 The contract duration is indefinite and may be terminated by either party with three months' notice to the end of a month.
6.2 The right to terminate the contract for good cause remains unaffected.
7. Compensation for Services
7.1 Compensation for the services provided will be individually agreed upon. Invoicing is based on a flat fee or hourly rate as per the offer.
7.2 If the client uses fewer hours than agreed, the flat fee remains fully payable.
7.3 Additional services exceeding the agreed hours will be invoiced separately and require the client's approval.
8. Payment Terms
8.1 Invoices from Madelines Studio e.U. are payable within 7 days from the invoice date to the specified account.
8.2 Invoices are issued electronically via email and comply with all legal requirements.
9. Copyright and Usage Rights
9.1 Madelines Studio e.U. grants the client an unlimited right to use the provided work results, which is included in the agreed compensation.
9.2 The release of open files (e.g., AI, PSD) is not part of the contract unless explicitly agreed upon.
9.3 The client is entitled to transfer these usage rights to third parties and make modifications, provided this is contractually agreed.
10. Confidentiality and Data Protection
10.1 Madelines Studio e.U. commits to treating all information received from the client in the course of the contractual relationship as confidential.
10.2 The work results may be published as references, e.g., on the website or in other media of Madelines Studio e.U., as long as no confidential client information is affected. The client may object to this use at any time in writing.
11. Liability and Warranty
11.1 Madelines Studio e.U. is only liable for damages caused by gross negligence or intent.
11.2 The client is obligated to check the delivered services for defects and report any complaints immediately to Madelines Studio e.U.
12. Final Provisions
12.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 For all disputes arising from this contractual relationship, the competent court in Vienna Alsergrund is agreed upon.
12.3 Should any provision of these GTC be invalid, this does not affect the validity of the remaining provisions.
13. Amendments and Written Form
13.1 Amendments and additions to these GTC must be made in writing. This also applies to changes to the requirement of written form itself.
14. Professional Law
14.1 Trade Regulation: www.ris.bka.gv.at
15. Dispute Resolution Platform
15.1 Consumers have the option to submit complaints to the EU's online dispute resolution platform: www.ec.europa.eu/consumers/odr15.2 We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
16. Storage and Printing of the GTC
16.1 The client has the option to save or print these General Terms and Conditions (GTC) at any time using their browser's storage and print function.
16.2 It is recommended to keep the GTC for personal reference.
PRIVACY POLICY
1. Person Responsible
Responsible for data processing on this website: Madelines Studio e.U. Veste Rohr 2e 2500 Baden Austria
E-Mail: hi@madelines.at Telephone number: +43 660 495 1204
2. Collection and Storage of Personal Data, Purpose, and Legal Basis of Processing
2.1 Visiting the Website
When you visit our website, information such as your IP address, browser type, operating system, referrer URL, and the date and time of your request is automatically collected by our web server.
Purpose of Processing: Ensuring a smooth connection to the website, guaranteeing system security and stability, and for administrative purposes.
Legal Basis: Art. 6(1)(f) GDPR (legitimate interest) in the security and functionality of the website.
2.2 Contact via Email or Contact Form
When you contact us via email or the contact form, your name, email address, and the content of your message will be processed.
Purpose of Processing: Handling and responding to your inquiry.
Legal Basis: Art. 6(1)(b) GDPR (performance of a contract or pre-contractual measures) if your inquiry is related to fulfilling a contract; otherwise, Art. 6(1)(f) GDPR (legitimate interest) in efficiently handling inquiries.
2.3 Appointment Booking via Calendly
We use Calendly for appointment scheduling. When you book an appointment via Calendly, your contact information (name, email address) and appointment preferences are processed. Calendly is a service provided by Calendly LLC, 1315 Peachtree St NE, Atlanta, GA 30309, USA.
Purpose of Processing: Organizing and managing appointment requests.
Legal Basis: Art. 6(1)(b) GDPR (performance of a contract) and Art. 6(1)(f) GDPR (legitimate interest) in efficient appointment management.
Data Transfer to Third Countries:
Since Calendly is based in the USA, your data may be transferred there. This transfer is based on Standard Contractual Clauses pursuant to Art. 46(2) GDPR to ensure an adequate level of data protection. For more information, please refer to Calendly’s Privacy Policy.
2.4 Social Media Management Processing
If you use our Social Media Management services, we process the personal data required to provide these services (e.g., platform login data, content for posts). We use Hootsuite (Hootsuite Inc., 111 East 5th Avenue, Vancouver, BC V5T 4L1, Canada) to plan and manage social media content.
Purpose of Processing: Planning, creating, publishing social media content, and performance analysis.
Legal Basis: Art. 6(1)(b) GDPR (performance of a contract) and Art. 6(1)(f) GDPR (legitimate interest) in optimizing our services.
Data Transfer to Third Countries: Since Hootsuite is based in Canada, data processing occurs in a country recognized by the EU as providing an adequate level of data protection under Art. 45 GDPR. For more information, please refer to Hootsuite’s Privacy Policy.
2.5 Presentation of Client Projects on Website and Social Media
We publish references and client projects on our website and social media platforms (e.g., Instagram, Facebook) to showcase our portfolio. This may include personal data such as company names, logos, or other identifiable content.
Purpose of Processing: Showcasing our work for marketing purposes.
Legal Basis: Art. 6(1)(a) GDPR (consent). You may withdraw your consent at any time.
3. Recipients of Personal Data
Personal data will only be disclosed to third parties if legally permitted or with your consent. Recipients of data may include:
* IT and hosting service providers (for providing and maintaining our website) * Calendly LLC (for appointment scheduling) * Hootsuite Inc. (for social media management) * Social media platforms (e.g., Meta/Facebook, Instagram) for content publication, * Legal advisors or authorities to fulfill legal obligations.
Data Transfer to Third Countries:
If personal data is transferred to third countries outside the EU (e.g., through the use of Calendly or social media platforms), this will only occur if an adequate level of data protection is ensured:
* Adequacy decisions by the EU Commission under Art. 45 GDPR * Standard Contractual Clauses under Art. 46(2) GDPR, or * Your explicit consent under Art. 49 GDPR
4. Retention Period of Personal Data
We retain personal data only as long as necessary to fulfill the purposes mentioned above or as required by law.
Inquiry data (contact forms, emails): Deleted after the inquiry is completed unless legal retention obligations exist.
Contract-related data: Stored for the duration of legal retention periods (e.g., 7 years under § 132 BAO for tax-relevant documents).
Appointment data via Calendly: Deleted after the appointment unless further storage is required for contract performance.
Social media data: Deleted when the processing purpose ceases or upon withdrawal of consent.
5. Data Subject Rights
You have the right to: * Access your stored personal data * Rectify incorrect data * Delete your data (unless legal retention obligations apply) * Restrict processing * Data portability in a structured, commonly used, and machine-readable format (Art. 20 GDPR) * Object to the processing of your data (Art. 21 GDPR).
If the processing is based on consent (Art. 6(1)(a) GDPR), you have the right to withdraw your consent at any time without affecting the legality of processing carried out prior to the withdrawal.
6. Right to Lodge a Complaint with the Supervisory Authority
If you believe that your data is being processed in violation of data protection laws, you have the right to lodge a complaint with the relevant supervisory authority.
In Austria, this is the Austrian Data Protection Authority Barichgasse 40-42 1030 Vienna Email: dsb@dsb.gv.at
7. Provision of Data
Providing your personal data is voluntary; however, failure to provide data may result in the inability to use certain services (e.g., appointment booking, contact).
8. Data Security
To protect your data, we use technical and organizational security measures (e.g., SSL encryption) to securely transmit confidential content.