General terms and conditions

§1 Attainments

For all attainments of Coaster-Count Volker Sauer and Thomas Thumann GbR, Stormstr. 11, 64291 Darmstadt, Germany, called Coaster-Count below, apply these general terms and conditions. Any other terms of the user will be explicitely refused.

Coaster-Count offers these attainments explicitely to end customers only. An end customer in the meaning of these terms and conditions is a natural person who is concluding an act of law in purpose of neither a commercial practise nor a self-dependend practise.

§2 Offer

The operation of this website is subject to change without notice. It can be used by all persons worldwide without allowance of statutory duty, perpetual, revocable, non transferable. The basic features are free, more features may be ordered with charge.

We reserve the right to exclude persons from our service without declaration of reasons as long as the exclusion is not due to gender, age, ethnic group, religion, philosophy of life, ideology, sexual orientation or disability.

§3 Process of ordering paid content

As an end customer you can order in our shop on the charged features page:

• Press the checkout button.
• Login to Paypal, register with Paypal or enter payment data without Paypal account (these options are subject to change without notice by Paypal and cannot be guranted by us).
• Acknowledge and check our data privacy statement.
• Acknowledge and check our terms and conditions.
• Acknowledge and check our return policy.
• Confirm by pressing the buy button on the form.

§4 Payment

You pay with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) only. We get your full name from Paypal which we use only for the bill.

§5 Conclusion of contract

Your order is subject to a mandatory offer to us to conclude a contract. With your order you declare mandatory to buy the charged features. The contract is concluded when we start to process your order. We will confirm the contract by sending you an email with the bill and our terms and conditions.

§6 Storing order information

The order information will be stored for ten years beginning with the order date. A copy of the bill can be found in your account. After the expiry of this legal period for safekeeping we will delete the order information.

§7 Right to withdrawal

The right to withdraw expires when we process our service completely and you have approved to start the service immediately before the right of withdrawal ends.

§8 Prices

All prices are final without value-added tax according to Act. 19 of the German VAT code (UStG). Currency depends on country.

§9 Delivery of orders

The service will be processed and completed immediately after the order is placed, therefore you will get your ordered features without delay.

§10 Liability

All data from our website is without any commitment. Coaster-Count is not responsible for any damege, taken place by using our website.

We will be liable in legal requirements for damage to life, body and health, caused by careless or premeditated breach of duty from us or our assistants.

In case of careless or premeditated breach of duty caused material damage or financial losses we will only be liable in case of essential breach of contract, always limited to the paid amount.

Any further liability is debarred.

§13 Close

Applicable law is the law of Germany, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods insofar as there are no binding regulations of the state, which is the main residence of the end customer.

Contractual language is German or English.

Jurisdiction is Darmstadt, Germany.

Data privacy statement

Responsible in terms of the General Data Protection Regulation (GDPR) and all further data privacy acts that applies to all states in the European Union are Volker Sauer and Thomas Thumann GbR, Stormstr. 11, 64291 Darmstadt, Federal Republic of Germany, hereinafter referred to as "we".

Our concern and your questions

The protection of your personal data and further sensitive data is an important concern for us. In this statement we declare what data we store, why we store it, how long we store it and on what legal base we do so. We stick highly to the principle of data avoidance and minimisation. If there are any questions or proposals do not hesitate to contact us using the email address from the legal notice.

What are personal data?

Personal data is single information about a natural person. For example, your email address, your name, your address, but also your IP address that belongs to your internet connection. As far as possible we will forgo collecting personal data. This will be only examined if you confide this data voluntarily during the registration or modification of your account and will be stored on a server within the European Union without access by any non-European agency.

How do we use your personal data?

Basically, we collect, use and store personal data only if it is needed to serve a functional website or provide our services. We will only store personal data with your explicit consent. An exception is granted if your preceding consent is not possible due to practical reasons, for instance storing of log files and cookies that are mandatory to operate our website. We will not disclose your personal data to third parties in general unless during checkout to implement the payment process (see below). Additionally, we protect it with technical and organisational measures against accidental or intentional loss, destruction, access, modification and disclosure. However, we cannot accept any liability for the destruction, damage or loss of data. To secure your data during submission we commit to the highest standards and their safety using the SSL over HTTP encryption.

Capturing common information in server log files

On accessing our website some common information will automatically be captured. These server log files contain for instance the internet browser used, the operating system used, the domain name of your internet service provider, and similar. This information cannot be used to identify you personally. This is technically necessary to provide the website and will be stored mandatory. However, we do not analyse this information. Additionally, we store your IP-address after end of connection which could be used to identify you personally and for prosecution in case of payment fraud or tracking of attacks to our systems.

Legal basis for storing this information is article 6 section 1 letter f GDPR. The stored data will be deleted after six weeks. Then you cannot be identified any more personally. The anonymised data will be store for one year and then deleted. Data accrues are necessary to provide content so you cannot disagree.

Cookies

We use cookies and server-side sessions to improve operation of our website. We use only so-called "technical mandatory Cookies", which are needed to basically run our website. Cookies are small files of letters and numbers that we place on your device, for example to identify your device on future visits. The session cookies we store will be deleted automatically after your visit, and contain information about screen size, device orientation and a unique ID to identify you on the server. We also store your browser language and a unique ID to identify you as a guest and auto fill your email address to speed up your login. Additionally, if you have activated the feature “remember me”, we store a further unique ID to identify you and provide auto login for you on future visits. Guests have to accept our privacy and cookie information, which is also stored in a cookie.

Legal basis for storing personal data in technically mandatory cookies is article 6 section 1 letter f GDPR. Session cookies will be automatically deleted after the end of your visit. Your log in cookies will remain 220 days, language and acceptation of privacy and cookie statement ten years. You may also visit our website without cookies. Your browser will accept cookies by default, but you may limit or even deactivate this option in your browser at any time. Additionally, you may delete cookies at any time. Please refer to the help section of your browser for how to change this option or delete cookies. Please note, that many features of our website, including log in, will cease to function after deleting or blocking cookies.

Registration on our website

Except for the required data to create your user account, your email address, your country, your time zone, your sex and a password, all further data such as name and date of birth are optional and will be only used to mark your user account for other users. If you consider entering them, your first name will be visible to everybody, but your last name is visible only to registered users. Your date of birth is not visible to anybody (except us), registered users only see your calculated age. Your email address is also not visible to anybody (except us), will not be given to third parties, and will be used for internal communication only. In the options it is possible to modify the visibility of your account. On “hidden” your account is not visible to anybody (except us). If you wish to set the visibility to “visible” or “public” your first name is required to be entered. You may modify the required data for your user account at any time. Additionally, you may modify or delete all further optional personal data. On registering we also store your IP address. 220 days after your last visit your user account will automatically become hidden to everybody (except us).

Legal basis for storing personal data in technically mandatory cookies is article 6 section 1 letter a GDPR. Stored IP addresses will be anonymised after six weeks. On request we can close your account, anonymize your personal data and hide your account. Certainly, there are no other legal duties required to request continued storing of your personal data. For example, this applies by safekeeping responsibility of commercial letters after a contract.

Further data

Our website provides documentation of ridden roller coasters. This data is fed into global, non-personalized, statistic data evaluations. If you keep your account “hidden” the data is not visible to anybody (except us). On setting your account to “visible” your data can be accessed by registered users. If you set your account to “public” any guest may see your data. This gains the benefit you can show your data to not registered friends. Additionally, you may add dates to your data. Visibility of these dates can be set separately.

Contact by feedback form or email

On our website and in our app, you may send in feedback concerning our website, the software or the roller coaster data. The request will be complemented by further information and sent to us by email. This allows us to provide you feedback or ask for further inquiry. Mostly it evolves an email conversation with a sequence of related emails. You may also contact us directly by email. This email will be archived after being worked on to provide tracking of our data changes or our software. Requests without the necessary permission to be archived will be deleted immediately after work. We cooperate closely with the website www.rcdb.com, that also provides roller coaster data. We may forward individual emails, with personal data removed, concerning our roller coaster data to the operator of this website to ensure their data gets updated as well. You grant us the right to forward your feedback to the operator of www.rcdb.com, as long as it concerns roller coaster data. On this occasion your name and your email address may also be transmitted for technical reasons.

Legal basis for storing personal data in technically mandatory cookies is article 6 section 1 letter a GDPR. This data will be stored permanently for the explained reasons. You may disagree and not consent to storing this data. We will delete all emails belonging to your person or your user account. However, future contacts will no longer be possible.

Fee based services and payment

You may extend the feature of our website by buying “Coaster-Count TOTAL!“. The amount can be determined by yourself choosing from five provided amounts per country. The capturing, processing and storing of data to implement the payment handling is conducted on our order by PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal, L-2449 Luxembourg. We will transmit the following data during payment process: Country, language, amount, shipping cost, handling cost, tax, subtotal, total, caption, currency. After choosing the payment method we will redirect you to the PayPal website. Depending on the chosen payment method more data, for example email address, credit or debit card information, may be requested. This data will be store only by PayPal. PayPal transmits parts of this data back to us, for example name, address, email address, but never credit card data or similar. This data will be stored by us, your name and email address will be used to create an invoice. All further data, whose scope may change anytime, will not be analysed.

Emails, push messages or when do we contact you?

With your registration you allow us to contact you by email. Basically, we only send emails with information about your user account, it will not be used for advertising purposes. Our system sends emails in the following cases (list may not be complete): You become inactive for not visiting our website for over 220 days. A friend shares a tour. Your number of ridden roller coasters drops or raises due to updating the roller coaster data. You send in a panorama. Someone suggest groups to oyu. You have not sent in your ballot for the yearly coaster poll. We send email on any feedback on your user account or on roller coaster data. Our system sends push messages to your smartphone after you have activated this in the options of the app. You can choose to get information about activities of other users. We may use push messages also for update notes, system status and greetings.

Using our app

On using our iPhone app miscellaneous data will be stored on your phone. We will transmit your name, your email address and an unique ID and store them on your phone. This data may be swapped to iCloud on using iCloud backup, iCloud app swapping or further iCloud features. We do not have any influence on what data will be swapped and to which computer centre it will be transmitted. For further information please contact Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA. You may backup your phone on your local computer using iTunes. Any date from the app will be stored in this backup as well. All parts of our website can be viewed inside the app using “Show Coaster-Count website”. This statement also applies for viewing the website through the app. In the app you will have to grant access to location services. We need your location for the nearby feature to function and to add your current location to street and satellite maps. Locations will not be stored and we do not trace you. When sending in feedback you may optionally add your current location.

Map services

Our website uses the Google Maps API, a map service by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. With Google Maps we can present geographical data on a visual basis. On using Google Maps Google will collect and use data about you and your use of Google Maps. Please refer to the Google privacy statement for further information. In the control centre you may modify your personal privacy options. Further information how to manage your personal privacy options can be found here.

Our app uses Apple Maps, a map service by Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA. On using Apple Maps Apple may collect and use data about you and your use of Apple maps. Further information about the data processing of Apple can be found in the Apple maps terms of use.

Our website uses the OpenStreetMaps API, an open source map service by OpenStreetMap Community / Foundation. Information about the data processing can be found in the privacy policy.

Service for website acceleration

We use the distributed network CloudFront, a service by Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, USA. A lot of powerful web-servers around the world cache our static content so accelerate our website reasonably. By fetching files from CloudFront, Amazon Web Services may collect or use data about you. For further information please refer to the privacy policy.

Social media

We use a plugin by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA on our website. This plugin may transmit information, potentially including personal data, to Facebook. We prevent the unconscious and unintended capture and transmission of data to the service provider by using a double click implementation. This means the features of Facebook will not be active on the first click. Only with this activation will data be collected and transmitted to Facebook. We cannot influence what data Facebook collects and how they use it. Currently it’s assumed that a direct connection to Facebook will be established and at minimum your IP address and device data will be collected. Additionally, Facebook may try to store cookies on your device. Please refer to the Facebook data policy to get further information.

Website analysis

Our website uses Matomo, a free web analyze software for statistically analyzing user visits.Matomo runs on our own server, no data is transferred to third persons. It does not use cookies and IP addresses are stored anonymised, so no personal data is processed. Matomo stores information about used search engines, search keywords, language, origin, used browser and plug-ins, referrer, duration of stay, enter and leaving page, withdrawal rate, duration of visit and more. Data will not be consolidated with any other data. We use the collected information to analyze the use of our website. For instance to see which pages are visited how often, which browser and devices are used. This helps us on future development of the site.

Your right of information

You are entitled to gain information about your stored personal data at any time. Pleasem log in for further information.

Updating our privacy statement

We reserve the right to update this privacy statement at any time to make sure it meets the current legal requirements or to adjust or add services. For new visits the current privacy statement applies without having to accept it again.