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Terms of Service

Terms of Service – Datentreiber Community Platform

Version: June 2025
Scope: https://community.datentreiber.com
Operator: Datentreiber GmbH, Am Obstgarten 27, 82362 Weilheim i. OB, Germany
Contact: office@datentreiber.de

1 Purpose of the Platform and Legal Classification

The Datentreiber Community Platform (hereinafter “Platform”) is a closed, non‑public online space for professional exchange and self‑guided learning in the field of Data & AI Business Design. Community membership is free of charge and voluntary (see § 2).

Bookings of chargeable services – in particular trainings, certifications or consulting engagements – are governed by separate General Terms and Conditions (GTC) of Datentreiber GmbH:

GTC Individual Certifications (open B2B trainings)
GTC Enterprise Services (in‑house workshops & consulting)

These GTC are incorporated by reference into every booking (see § 3).

2 Community Membership (Free of Charge)

2.1 Registration requires:
a) completion of the sign‑up form;
b) confirmation of the e‑mail address (double opt‑in);
c) active tick of the checkbox “I accept the Terms of Service and the Privacy Policy”.

2.2 Upon successful registration the member obtains a revocable, non‑exclusive right to use the Platform in accordance with these Terms.

2.3 The profile (name, avatar, optional company name) is visible by default to other members. Visibility may be reduced at any time under Profile › Privacy.

2.4 Membership does not entitle the member to the delivery of chargeable services and does not constitute automatic newsletter subscription.

3 Booking Chargeable Trainings within the Platform

3.1 Chargeable offerings are clearly marked “Paid Training”. The order button bears the legally required wording “order with obligation to pay” (Sec. 312j German Civil Code – Bürgerliches Gesetzbuch, “BGB”).

3.2 Before submitting the order the applicable GTC (see above) are made available via clickable link; ticking the checkbox “I have read and accept the GTC” is mandatory.
The GTC are thus validly incorporated pursuant to Sec. 305 (2) BGB.

3.3 After completion the customer receives by e‑mail:

order / booking confirmation
invoice (generated via Moco)
PDF of the accepted GTC
training‑specific privacy notice All documents remain downloadable in the user account.

3.4 Participants are placed in a private course group visible only to fellow participants of the same course and authorised trainers. Group content and membership are invisible to the wider community.

3.5 Participation in a training does not grant automatic posting or participation rights in general community areas; separate consent pursuant to § 2 remains required. A consent banner prompts training participants who were registered as community members via a training booking to review the Community Privacy Policy and to grant consent by a single click.

4 Platform Features and Code of Conduct

4.1 Available features include: exclusive groups with subscribable posts, discussion feeds, direct messages, file sharing, embedded Miro boards, event calendar as well as (for course groups) learning modules and training resources. Datentreiber may additionally provide free digital content intended to foster interaction.

4.2 The following are prohibited:

illegal, defamatory, insulting or discriminatory content;
infringements of copyright or trademark rights;
unsolicited advertising or spam;
malware, phishing or other security attacks;
publication of confidential information without permission.

4.3 Moderation & takedown: Upon becoming aware of a violation, Datentreiber removes or blocks the offending content without undue delay and records the incident. Sanctions range from warnings to permanent account termination.

4.4 Private messages are stored encrypted in the database. Access is granted only where legally required or where a specific allegation of abuse exists; all access is logged.

5 User‑Generated Content and Licence

By uploading content the user grants Datentreiber a world‑wide, royalty‑free, simple (non‑exclusive) licence to store, display and reproduce such content within the Platform and in anonymised analytics. Copyright remains with the user.

6 Disclaimer of Warranties and Limitation of Liability

The Platform is provided “as is”. Datentreiber is fully liable for intent, gross negligence, and for injury to life, body or health.
For slight negligence Datentreiber is liable only for breaches of essential contractual duties and limited to foreseeable, typical damages.
Datentreiber assumes no responsibility for user‑generated content or external links; upon notice such material is removed without culpable delay.

7 Data Protection and Third‑Party Services

Data processing is governed by the Community Privacy Policy. Integrated services (hosting, e‑mail dispatch, invoicing, Miro) are operated exclusively on the basis of valid data‑processing agreements or EU Standard Contractual Clauses.

8 E‑Mail Communication and Newsletter

System‑relevant e‑mails (e.g. account activation, password reset, booking confirmation, group activity notices) are sent without additional consent.
The newsletter is dispatched only after a separate checkbox and double opt‑in; unsubscription is possible at any time.
Many community‑related information e‑mails can be deactivated by the user; security‑critical e‑mails such as password resets are unaffected.

9 Intellectual Property of Datentreiber GmbH

All content, templates and trademarks created by Datentreiber remain the intellectual property of Datentreiber GmbH. Any use outside the Platform requires prior written consent.

10 Data Security, Back‑ups, Maintenance

Datentreiber applies appropriate technical and organisational measures (TOM), including:

encrypted transmission (TLS/SSL) of all connections;
regular encrypted data back‑ups stored on servers within the European Economic Area;
timely installation of security‑relevant system and plugin updates;
protected administrator access (strong passwords / multi‑factor authentication).

More detailed information on individual measures can be provided on request, provided this does not compromise system security.

11 Termination of Membership

Members may delete their account at any time under Profile › Account › Delete Account. Datentreiber may suspend or terminate accounts for serious or repeated violations of these Terms. Statutory data‑retention obligations remain unaffected.

12 Amendments to these Terms

Datentreiber reserves the right to amend these Terms. Amendments will be announced at least 30 days in advance by e‑mail and platform notice. Continued use after the effective date constitutes acceptance.

13 Applicable Law, Venue, Severability

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For merchants the exclusive place of jurisdiction is Weilheim i. OB, Germany. Should individual provisions be invalid, the validity of the remaining provisions shall not be affected.

Privacy Policy

Privacy Policy for the Datentreiber Community Platform

Effective Date: June 2025
Applies to: https://community.datentreiber.com

1. Introduction and Scope

This privacy policy outlines how personal data is collected, processed, and stored on the Datentreiber Community Platform. The platform serves multiple purposes that are technically and legally separated:

Community Membership (free, voluntary participation with consent)
Training Participation (paid contractual services with separate legal basis)
Newsletter Subscription (explicit, separate consent required)

Each purpose involves specific forms of processing, based on distinct legal grounds. Users are only subject to data processing relevant to the purpose they have explicitly chosen.

In particular:

The community is a free membership environment, accessible to registered users.
Trainings are paid services offered within or outside the community platform, and explicitly marked as such.
Newsletter subscriptions require explicit opt-in and are not automatically linked to community or training participation.

2. Community Membership (Free, Consent-Based)

When you register on https://community.datentreiber.com, you become a member of the Datentreiber Community. This membership is free of charge and enables access to a range of digital services and interaction formats. It is based on your voluntary consent under data protection law (GDPR Art. 6(1)(a)).

Upon registration:

You are visible to other members by default
You can manually restrict the visibility of your profile and participation settings
You are not automatically enrolled in any trainings or newsletters

The Community provides the following functions:

Access to curated groups, forums, and event invitations
Participation in expert-led discussions and learning activities
Viewing and editing shared boards (e.g. Miro, access may require separate login)
Messaging, notifications, file uploads, and profile management

Processed Data Categories:

Name, username, email address
Login data, device/IP information
Group memberships, posts, interactions
Visibility and messaging preferences

Key clarifications:

Community participation does not constitute a contract for paid services.
It is possible to be a community member without participating in a training.
Visibility defaults can be changed manually at any time.

3. Training Participation (Paid, Contract-Based)

You can book trainings from Datentreiber GmbH either on our main website (https://www.datentreiber.de) or directly within the Community Platform (https://community.datentreiber.com).

In both cases:

You enter into a separate contractual agreement with Datentreiber GmbH
The booking interface is clearly marked as “payment required”
This includes a formal invoice and payment processing

Processed Data Categories:

Name, email, billing address, company (if applicable)
Selected training(s), times, booking details
Access credentials to course materials (LearnDash, BuddyBoss)
Participation status and progress

Legal Basis: Art. 6(1)(b) GDPR – processing necessary for the performance of a contract

Technical integration:

Your user account will be created or enriched in the community platform
You will be enrolled in a dedicated, restricted training group within the platform
You will not be visible to other users outside your specific training group unless and until you consent to the community terms

If your booking originates from outside the platform:

You are technically registered as a user in the platform
You will see the platform’s content and structure
You will not be able to participate in groups or messaging without explicit additional consent to the community privacy policy

4. Newsletter Subscription (Separate, Voluntary Consent)

You may opt in to receive our curated newsletter, which provides:

Updates on new blog articles and templates
Information on events and free formats
Invitations to beta tests or community formats

Newsletter subscription:

Is based on separate and explicit consent
Requires a double opt-in confirmation
Can be revoked at any time using the unsubscribe link in each message

System used: Brevo (Sendinblue SAS, France, GDPR-compliant)

Important:

No user is automatically subscribed
Participation in community or training services does not imply consent to the newsletter

5. Data Processing Overview and Legal Grounds

Depending on your usage, we process the following data:

Purpose	Examples of Data	Legal Basis
Community Membership	Username, posts, group participation, Miro use	Art. 6(1)(a) GDPR
Training Participation	Name, email, billing, course access, progress	Art. 6(1)(b) GDPR
Newsletter	Email, click/open behavior, subscription date	Art. 6(1)(a) GDPR
Technical Log Data	IP address, login time, browser info	Art. 6(1)(f) GDPR

Third-party tools and systems used:

Provider	Purpose	Hosting Location
ALL-INKL.COM	Platform hosting	Germany
LearnDash	Course management	Hosted via community site
BuddyBoss	Group management, profiles	Hosted via community site
Brevo (Sendinblue)	Newsletter mailings	France (GDPR compliant)
Moco	Invoicing & contract processing	Switzerland (adequacy status)
Miro	Embedded whiteboards	EU/US, login or guest required

6. Communication Without Newsletter Opt-In

Even if you have not subscribed to the newsletter, you may receive emails that are necessary for:

Type	Examples	Legal Basis
Contractual	Booking confirmation, course access	Art. 6(1)(b) GDPR
Community Operations	Consent requests, visibility banners	Art. 6(1)(a) GDPR
Legitimate Interest	Follow-up offers on your purchased training	Art. 6(1)(f), §7(3) UWG

We do not send unrelated promotional emails without specific consent.

7. Your Rights Under GDPR

You may contact us at any time to:

Access your personal data (Art. 15 GDPR)
Correct or complete your data (Art. 16 GDPR)
Request deletion (Art. 17 GDPR)
Restrict or object to processing (Art. 18, Art. 21 GDPR)
Withdraw your consent (Art. 7(3) GDPR)
Lodge a complaint with a data protection authority (Art. 77 GDPR)

For all inquiries, email: info@datentreiber.de

8. Retention and Deletion Periods

Data Category	Retention Period
Training Participation	3 years after last activity
Invoice Data	10 years (legal retention requirement)
Community Content	Until consent withdrawal or account deletion
Newsletter Data	Until revoked or unsubscribed

9. Security and Technical Safeguards

We employ state-of-the-art technical and organizational measures to protect your data, including:

SSL encryption for all connections
Role-based visibility settings for users and groups
Secure APIs and limited access to external systems
No automatic group joining or external mailing without consent
Data hosting on GDPR-compliant servers in Germany

10. Updates to This Policy

This policy may be updated to reflect changes in the platform, technology, or applicable laws. The most recent version is always available at: Privacy Policy – Data & AI Business Community

Last updated: June 2025