In the event of any discrepancies between a translation and the original German version of the following legal texts, the German version shall prevail. Any translations are provided for convenience only and have no legal effect.

Legal Notice

Name: Kastner Frankfurt GmbH
Management: Thomas Grabner, Ulrike Schult, David Schütte, Sebastian Albert
Address: Heyne Fabrik | Nordring 82 A | 63067 Offenbach
Responsible for content according to § 18 Abs. 2 MStV: Sebastian Albert, Kastner Frankfurt GmbH, Heyne Fabrik, Nordring 82 A, 63067 Offenbach.
Email: frankfurt@kastner.agency
Mobile: +49 69 677 299-0

Commercial register: Offenbach am Main HRB 51668

VAT: DE 114175785

This legal notice also applies to the following social media profiles:
www.instagram.com/kastnerfrankfurt
www.facebook.com/kastnerfrankfurt
https://www.kastner-frankfurt.agency

The EU Commission has set up an internet platform for the online settlement of disputes (ODR platform) between traders and consumers. The ODR platform can be accessed at: https://ec.europa.eu/consumers/odr/

We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Data Protection

1 Section: General information

1.1 Controller

The controller within the meaning of Art. 4 No. 7 GDPR, the other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature:

Kastner Frankfurt GmbH legally represented by the managing directors Sebastian Albert, Thomas Grabner, Ulrike Schult and David Schütte

Heyne factory
Nordring 82 A
63067 Offenbach
Germany

Phone: +49 69 677 299-0
E-mail: frankfurt@kastner.agency

Further details can be found in our imprint.

1.2 Data Protection Officer

You can reach and contact our data protection officer at the following address:

Gero Wilke

datalegis GmbH
Bismarckallee
1079098 Freiburg im Breisgau
Germany

Phone: +49 761 45892723
E-Mail: datenschutz@kastner.agency

1.3 General, principles of processing

With reference to the definition in Art. 4 No. 1 of Regulation (EU) 2016/679 (hereinafter referred to as: "General Data Protection Regulation" or "GDPR" for short), the term "personal data" means all data that can be related to you personally. This includes, for example, your name, address, email addresses and user behavior. With regard to the other terms, in particular the terms "processing", "controller", "processor" and "consent", we refer to the statutory data protection definitions in Art. 4 GDPR. 

We only process personal data to the extent necessary to provide our website and the content and services we offer. The processing of personal data only takes place regularly if you have given us your consent within the meaning of Art. 6 para. 1 lit. a) GDPR or if the processing is permitted by legal regulations, in particular by one of the legal bases mentioned in Art. 6 para. 1 lit. b) to lit. f) GDPR. 

The purposes on which the processing of personal data is based are explained in the following sections for each of the aforementioned data processing operations. If we process personal data for a different purpose that does not correspond to the purpose for which the personal data was originally collected, we will inform you of this again.

If we use contracted service providers or wish to use your data for advertising purposes, we will inform you in detail below about the respective processes. 

Please note that you are not legally obliged to provide personal data. However, we sometimes need your personal data to provide our website and the content and services we offer. We will inform you about this in detail below. Please also note that if you do not provide us with the required data, you may not be able to use our website and/or the content and services we offer. However, failure to provide voluntary information will not result in any disadvantages.

In some cases, we use external service providers who have been carefully selected and commissioned by us to process personal data. These service providers are bound by our instructions and are regularly monitored by us. You will find more detailed information in the following sections.

Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by national or European regulations to which we are subject; in these cases, the legal basis for further storage is Art. 6 para. 1 sentence 1 lit. c) GDPR in conjunction with the respective national or European regulation. In this case, the data will be blocked or erased when the storage period prescribed in the respective regulations has expired. The latter does not apply if further storage of the data is necessary for the conclusion or fulfillment of a contract; in these cases, the legal basis for further storage is Art. 6 para. 1 sentence 1 lit. b) GDPR.

If third parties to whom we transfer data are based in a country outside the European Union (EU) and the European Economic Area (EEA), we will inform you separately in the following sections. We only process data in third countries if there is an adequate level of data protection within the meaning of Art. 44 to 49 GDPR.

1.4 Your rights

You have the following rights vis-à-vis us with regard to your personal data:

  • the right to of access by the data subject (Art. 15 GDPR), 

  • the right to rectification (Art. 16 GDPR), 

  • the right to erasure ("right to be forgotten") (Art. 17 GDPR),

  • the right to restriction of processing (Art. 18 GDPR), 

  • the right to object to processing (Art. 21 (1) GDPR), 

  • the right to data portability (Art. 20 GDPR). 

You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us (Art. 77 GDPR).

1.5 Objection or revocation against the processing of your data 

You can revoke any consent you have given us to process your personal data at any time. The revocation affects the permissibility of the processing of your personal data after its pronouncement to us.

With regard to the processing of your personal data, you can object to the processing if this processing is carried out on the basis of a balancing of interests. In this context, we ask you to explain the reasons arising from your particular situation as to why you object to the processing of your personal data by us. In the event that your objection is justified, we will examine the situation. We will then either no longer process your personal data, adjust the further data processing if necessary or state compelling reasons worthy of protection as to why we continue to process your personal data.

You can also object to the processing of your personal data for the purposes of advertising and data analysis at any time. 

You can send your revocation or objection to our contact details above.

2 Section: Processing of personal data when using our website 

Below we inform you about the collection and processing of personal data when using our website www.kastner-frankfurt.agency/ (hereinafter referred to as "website"): 

2.1 Processing of personal data when using our website for information purposes

If you visit our website without registering or otherwise providing us with information ("informational use"), we only collect the personal data that your web browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to enable you to view our website and to ensure stability and security:

  • IP address

  • Date and time of the request

  • Time zone difference to Greenwich Mean Time (GMT)

  • Content of the request (specific page)

  • Access status/HTTP status code

  • Amount of data transferred in each case

  • Website from which the request comes

  • Browser

  • Operating system and its interface

  • Language and version of the browser software.

The aforementioned data is also stored in log files on our servers. This data is not stored together with your other personal data. 

The collection and temporary storage of the IP address is necessary to enable the delivery of our website to your end device. For this purpose, your IP address must be stored for the duration of your visit to our website. The storage of the above-mentioned data in log files serves to ensure the functionality and optimization of our website and to ensure the security of our information technology systems. This data is not analyzed for marketing purposes. Our legitimate interest in data processing lies in the aforementioned purposes. The legal basis for the collection and temporary storage of the aforementioned data and log files is Art. 6 para. 1 sentence 1 lit. f) GDPR. 

We store the above data on servers of Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany, a provider with server locations in Germany, with whom we have concluded an order processing contract in accordance with Art. 28 GDPR. This ensures that the standards and regulations of European data protection law are complied with.

The aforementioned data for the provision of our website is deleted when the respective session has ended. The data in log files is deleted after seven days at the latest. The collection of the above data for the provision of our website and the storage of this data in log files is absolutely necessary for the operation of our website. There is no possibility of objection.

2.2 Cookies

In addition to the above-mentioned data, we use technical aids for various functions when using our website, in particular cookies, which can be stored on your end device. Cookies are small text files that are stored on the storage medium of your end device, for example on a hard disk, and through which certain information flows to us as the body that sets the cookie. Cookies cannot execute programs or transfer viruses to your end device. When you access our website and at any time thereafter, you have the choice of whether you generally allow cookies to be set or which individual additional functions you would like to select. You can make changes in your browser settings. This website uses the following types of cookies, the scope and function of which are explained below.

Cookies that are stored associated with your web browser:

  • Transient cookies: These cookies are automatically deleted when you close your web browser. These include session cookies in particular. These store a so-called session ID, which can be used to assign various requests from your web browser to the shared session. This makes it possible to recognize your device when you return to our website. Session cookies are deleted as soon as you log out or close the web browser.

  • Persistent cookies: These cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete these cookies at any time in the settings of your web browser.

Data and information such as multilingualism (language setting) are stored in the cookies.

The processing of personal data by the aforementioned cookies serves the following purposes:

  • Technically necessary cookies: The technical structure of our website requires us to use technologies, in particular cookies. Without these, our website cannot be displayed or used in full and/or without errors. For example, some functions of our website require that your web browser can still be identified even after a page change. In these cases, these are generally transient cookies that are deleted at the end of your website visit, at the latest when you close your browser. You cannot deselect these cookies if you wish to use our website. The individual cookies can be seen in our Consent Manager and on our cookies website. As far as technically necessary cookies are concerned, our legitimate interest in data processing lies in the aforementioned purposes. The legal basis in these cases is Art. 6 para. 1 sentence 1 lit. f) GDPR.

  • Optional cookies (with your consent): We only set non-technically necessary cookies with your consent. If we offer such cookies, we have a cookie consent tool on our website for these cases, which you can use to select the optional cookies on your first visit to our website. The associated functions will only be activated if you give your consent. These cookies are used in particular to enable us to analyze visits to our website and thereby improve our website and/or individual functions as well as the overall user experience, e.g. also to make it easier for you to use different browsers or end devices, to recognize you when you visit us again or to place advertising (possibly also to tailor advertising to your interests, measure the effectiveness of advertisements or show interest-based advertising). The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. a) GDPR. You can withdraw your consent at any time without this affecting the lawfulness of processing up to the point of withdrawal. The functions we use, which you can display and revoke via the Consent Manager, as well as the cookies used, the data processed and the purposes of processing are described in detail there.

The above cookies are stored on your end device and transmitted from it to our server. You can therefore configure the processing of data and information by cookies yourself. You can make appropriate configurations in the settings of your web browser, through which you can, for example, reject third-party cookies or cookies altogether. In this context, we would like to point out that you may then not be able to use all the functions of our website properly. Irrespective of this, we recommend that you regularly delete cookies and your browser history manually.

2.3 Other functions and offers on our website

In addition to the aforementioned informational use of our website, we offer various services that you can use if you are interested. This usually requires the provision of further personal data. We require this data to provide the respective service. The above data processing principles apply.

In some cases, we use external service providers who have been carefully selected and commissioned by us to process this data. These service providers are bound by our instructions and are regularly monitored by us. 

Insofar as personal data is passed on to third parties in the course of services that we offer together with partners, you can find more detailed information in the following descriptions of the individual services.

If these third parties are based in a country outside the European Economic Area, you can find more detailed information about the consequences of this circumstance in the following descriptions of the individual services.

2.4 Contacting us

If you contact us by e-mail, the personal data you send us with your e-mail will be stored. The data will only be used to answer your questions. The data will not be passed on to third parties.

The processing of your above personal data serves solely to process your inquiries. Our legitimate interest in processing the data also lies in the aforementioned purposes. Insofar as you have given us your consent for this, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. a) GDPR. If you wish to work towards the conclusion of a contract through your e-mail or if the e-mail serves the execution or processing of an existing contractual relationship between you and us, Art. 6 para. 1 sentence 1 lit. b) GDPR constitutes an additional legal basis. Otherwise, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. f) GDPR.

Subject to deviating statutory retention periods, the data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when we have finally processed your request.

You can withdraw your consent to the processing of your personal data at any time. The legality of the data processing that has already taken place remains unaffected by the revocation. Details on revoking your consent can be found in section 1 of our privacy policy. If you contact us by email, you can object to the storage of your personal data at any time. We would like to point out that in this case your request cannot be processed any further. You can also declare your revocation or objection by sending an e-mail to our e-mail address given above.

2.4 Use of our whistleblower reporting channel

In order to meet the requirements of the German Whistleblower Protection Act (“Hinweisgeberschutzgesetz”), we have set up a whistleblower reporting channel on our website. Our whistleblower reporting channel allows you to report concerns or breaches of regulations. You can also use this channel anonymously. Depending on the information you provide when using this channel, personal data such as your name, contact details and details of your concern may be processed. However, it is your own responsibility to decide what information you wish to disclose. We emphasize that the use of this channel is completely anonymous and no personal data will be collected without your explicit consent.

We use the services of the whistleblower portal of Bundesanzeiger Verlag GmbH, Amsterdamer Straße 192, 50735 Cologne, Germany (Bundesanzeiger Verlag GmbH). In order to oblige Bundesanzeiger Verlag GmbH to process the transmitted data only in accordance with our instructions and to comply with the applicable data protection regulations, we have concluded an order processing agreement (Art. 28 GDPR) with Bundesanzeiger Verlag GmbH. Further information on the use of data by Bundesanzeiger Verlag GmbH, on setting and objection options and on data protection in general can be found on the following website: https://www.hinweisgeberportal.de/datenschutz. 

The purpose of processing your personal data is to review your reports and take appropriate action. The processing serves to comply with the statutory provisions of the Whistleblower Protection Act and helps us to enforce our compliance guidelines and manage our company in a transparent and responsible manner. This is also our overriding legitimate interest. Insofar as the processing is based on the aforementioned statutory provisions of the Whistleblower Protection Act, the legal basis for the processing of your data is Art. 6 para. 1 sentence 1 lit. c) GDPR in conjunction with the provisions of the Whistleblower Protection Act. If you have given us your consent to process your data, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. a) GDPR. Insofar as the processing is otherwise based on our overriding legitimate interests and is necessary to safeguard them, the legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR.

Subject to deviating statutory retention periods, the data will be deleted as soon as it is no longer required for the purpose for which it was collected. This is the case when we have finally processed your message.

You can withdraw your consent to the processing of your personal data at any time. The legality of the data processing that has already taken place remains unaffected by the revocation. Details on revoking your consent can be found in section 1 of our privacy policy. If you contact us by email, you can object to the storage of your personal data at any time. We would like to point out that in this case your request cannot be processed any further. You can also declare your revocation or objection by sending an e-mail to our e-mail address given above.

3 Third-party services

3.1 Use of Notion

We use the services and functions of "Notion", a productivity tool from Notion Labs, Inc, 548 Market St #74567, San Francisco, CA 94104-5401, USA (hereinafter "Notion"). Notion is a database-based multifunctional application for digital work that includes various components and functions such as notes, databases, Kanban boards, wikis, calendars and reminders. Among other things, it enables users to create notes, manage tasks and organize projects, as well as combine such components for these purposes. These systems can be used both individually and in collaboration with others.

We use Notion as a "digital home" and as a project management tool, in particular for the structured recording of information on projects and tasks. In this context, we collect and process the data of the contact persons involved in the project as well as their contact details (telephone numbers and e-mail addresses).

We use Notion for the purpose of providing you and us with the most convenient and user-friendly way of working in the context of your projects. The processing of personal data by Notion is also based on our legitimate interest in efficient and user-friendly project management. Insofar as you have given us your consent for this, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. a) GDPR. Insofar as the use of Notion serves the execution or processing of a contractual relationship between you and us, Art. 6 para. 1 sentence 1 lit. b) GDPR constitutes an additional legal basis. Otherwise, the legal basis for the processing is Art. 6 para. 1 sentence 1 lit. f) GDPR.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. Deletion is always subject to the proviso that the deletion does not conflict with any statutory retention periods.

In order to oblige Notion to process the transmitted data only in accordance with our instructions and to comply with the applicable data protection regulations, we have concluded an data processing agreement with Notion (Art. 28 GDPR). 

We would like to point out that it cannot be entirely precluded that Notion may also process personal data outside the EU or the EEA, such as in the USA. Insofar as Notion also processes personal data outside the EU or the EEA in the USA, data transfers are carried out on the basis of the EU Commission's adequacy decision of July 10, 2023 (further information can be found on the following EU website: https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en) and thus on the basis of Art. 45 GDPR. Notion has submitted to the EU-U.S. Data Privacy Framework concluded between the European Union and the USA and has certified itself. As a result, Notion undertakes to comply with the standards and regulations of European data protection law. Further information can be found on the following linked website of the Data Privacy Framework under the Notion Labs, Inc. entry: https://www.dataprivacyframework.gov/.

In addition, we have concluded a contract with Notion including the new EU standard contractual clauses adopted by the EU Commission on June 4, 2021 within the meaning of Art. 46 para. 2 lit. c) GDPR (further information can be found on the following EU websites: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en and https://ec.europa.eu/germany/news/20210604-datentransfers-eu_de) in order to ensure an adequate level of data protection for the processing of personal data in the third country. 

Information from the third-party provider: Notion Labs, Inc, 548 Market St #74567, San Francisco, CA 94104-5401, USA. 

Further information on the use of data by Notion, on setting and objection options and on data protection can be found on the following Notion websites: 

4 Processing of personal data in connection with job applications

If you wish to apply for jobs advertised by us, it is necessary to provide personal data. This data may include personal master data such as first name, surname, address, date of birth, contact details such as telephone number or e-mail address as well as data relating to your educational and/or professional background such as school grades. Data that must be provided in order to complete the application process can either be found in the respective job advertisement or is otherwise marked as such. The provision of further data is voluntary. If you send us your application (e.g. by e-mail), you consent to the processing of your data for the purpose of carrying out the application process. The data will not be passed on to third parties.

The processing of personal data serves solely to process your application and to carry out the application procedure. Insofar as you have given us your consent for this, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. a) GDPR. Otherwise, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. b) GDPR (contract fulfillment) and Art. 6 para. 1 Art. 6 para. 1 sentence 1 lit. f) GDPR (legitimate interest) and Art. 88 GDPR i.V.m. § Section 26 (1) sentence 1 of the German Data Protection Act (“Bundesdatenschutzgesetz”, in short “BDSG”) (employment relationship; legal basis until repealed by the German legislator). 

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the event that the application process for the job advertisement for which you are applying has been completed, we will delete your data immediately, otherwise after six months at the latest.. Your data will not be deleted if further processing and storage of your personal data is necessary in individual cases for the assertion, exercise or defense of legal claims. In this case, we have a legitimate interest in the further processing and storage of your personal data. The legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR. Your personal data will not be erased even if we are obliged by law to continue storing your personal data.

You can withdraw any consent you have given us at any time. In particular, you have the option of withdrawing your application at any time. You should only provide us with the personal data that is necessary for participation in the application process and its implementation. There is no legal or contractual obligation to provide data. However, we would like to point out that we cannot carry out the application process without this data and cannot consider your application. You can have the data stored about you changed at any time. You can declare your revocation by sending an e-mail to the e-mail address given in the imprint.

5 Note on our presence in social networks

We have presences on the following social media platforms:

  • Facebook (operator in the EU: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; US parent company: Meta Platforms, Inc., 1601 Willow Road Menlo Park, California 94025, USA; privacy policy: https://www.facebook.com/privacy/policy)

  • Instagram (Operator in the EU: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; US parent company: Meta Platforms, Inc., 1601 Willow Road Menlo Park, California 94025, USA; Privacy Policy: https://privacycenter.instagram.com/policy/)

  • Twitter (operator in the EU: Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland; US parent company: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; privacy policy: https://twitter.com/de/privacy)

  • LinkedIn (operator in the EU: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; US parent company: LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, 94085 California, USA; privacy policy: https://de.linkedin.com/legal/privacy-policy)

  • XING (operator: New Work SE, Am Strandkai 1, 20457 Hamburg, Germany; information on data protection and privacy policy: https://privacy.xing.com/de and https://privacy.xing.com/de/datenschutzerklaerung) 

However, we do not use any social media plugins on our website, only links to the aforementioned social network. Data is not transmitted to the social media platforms when you visit our website.

We use the technical platform and services of the aforementioned third-party providers for these information services. We would like to point out that you use our presence on these social media platforms and their functions on your own responsibility. This applies in particular to the use of interactive functions (e.g. commenting, sharing, rating). When you visit our website, the provider of the social media platform may collect your IP address and other information that is stored on your device in the form of cookies.

The data collected about you in this context is processed by the provider's platform and may be transferred to countries outside the European Union, in particular the USA. According to its own information, the respective provider maintains an appropriate level of data protection that corresponds to that of the former EU-US Privacy Shield. Insofar as the respective provider has submitted to the EU-U.S. Data Privacy Framework concluded between the European Union and the USA and has certified itself, any data transfers are based on the adequacy decision of the EU Commission of July 10, 2023 and thus on the basis of Art. 45 GDPR. In other cases, we have concluded the standard data protection clauses with the provider's companies as a precautionary measure. 

We do not know how the respective social media platform uses the data from your visit to our account and interaction with our posts for its own purposes, how long this data is stored and whether data is passed on to third parties. Data processing may differ depending on whether you are registered and logged in to the social network or whether you visit the site as a non-registered and/or non-logged-in user. When you access a post or the account, the IP address assigned to your end device is transmitted to the provider of the social media platform. If you are currently logged in as a user, a cookie on your device can be used to track how you have moved around the network. Buttons integrated into websites enable the provider's platform to record your visits to these websites and assign them to your respective profile. This data can be used to tailor content or advertising to you. If you want to avoid this, you should log out or deactivate the "stay logged in" function, delete the cookies on your device and restart your browser.

We only process the data from your use of our service that you provide to us and that requires interaction. For example, if you ask a question that we can only answer by email, we will store your information in accordance with the general principles of our data processing, which we describe in this privacy policy. The legal basis for the processing of your data on the social media platform is then Art. 6 para. 1 sentence 1 lit. f) GDPR. If you have given us your consent for this, the legal basis for the processing of this data is Art. 6 para. 1 sentence 1 lit. a) GDPR. Insofar as you wish to work towards the conclusion of a contract through your question, Art. 6 para. 1 sentence 1 lit. b) GDPR constitutes an additional legal basis.

To exercise your rights as a data subject, you can contact us or the provider of the social media platform. If one party is not responsible for responding or must receive the information from the other party, we or the provider will then forward your request to the respective partner. Please contact the provider and operator of the social media platform directly if you have any questions about profiling and the processing of your data when using the social media platform. If you have any questions about the processing of your interaction with us on our website, please write to the contact details we have provided above.

What information the social media platform receives and how it is used is described by the provider of the respective social media platform in its privacy policy listed above. There you will also find information about contact options and the settings options for advertisements.

6 Status of and changes to our privacy policy

We always keep our privacy policy up to date. This privacy policy has the following status: May 15, 2025. 

If we further develop our website, services and offers, it may be necessary to adapt and amend our privacy policy. The same applies if legal or official requirements change.

GTC for suppliers

A. Applicability of the GTC

1. These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between Kastner Frankfurt GmbH (hereinafter “Kastner”) and its external commissioned service providers (hereinafter “Service Providers”). A Service Provider is any party that has entered into a contract with Kastner concerning the supply of goods and/or the performance of services. The services of the Service Provider are hereinafter referred to as “Works.” By accepting an order from Kastner, these GTC are deemed accepted by the Service Provider.

2. Any deviating GTC of the Service Provider shall only apply if expressly acknowledged in writing by Kastner.

3. These GTC apply regardless of whether Kastner places the order in its own name or on behalf of another party.

4. Kastner reserves the right to supplement or amend the GTC at any time. The version valid at the time of contract execution shall apply.

B. Contract Execution / Procurement of Goods

1. Delivery and performance by the Service Provider must conform to the state of the art and to samples, models, and other templates provided by Kastner.

2. Delivery shall be DDP (Delivered Duty Paid, Incoterms in the version valid at the time of contract conclusion) to the delivery address specified by Kastner. The Service Provider shall bear all costs, fees, charges, duties, and risks until acceptance.

3. The risk of accidental loss or deterioration of the goods shall only pass to Kastner upon express written acceptance. Any retention of title by the Service Provider – whether simple, extended, or expanded – is excluded. Ownership of delivered goods shall pass to Kastner upon delivery and acceptance.

4. Partial deliveries and early deliveries require the prior written consent of Kastner. Without such consent, delivery shall be deemed not to have been made.

5. The goods delivered must be free from material and legal defects, correspond to the agreed specifications, samples, or approved prototypes, and be suitable for their intended purpose. Deviations entitle Kastner to procure replacements immediately at the Service Provider’s expense.

6. Kastner is entitled to refuse acceptance of goods that do not meet the agreed specifications, are damaged, or are delivered late. In such cases, delivery shall be deemed not to have occurred, and Kastner shall owe no remuneration.

7. The Service Provider must inform Kastner immediately in writing if there is any indication of a delay in delivery, a deviation from specifications, or an impending impossibility of performance.

8. In the event of a delay in delivery, Kastner – without prejudice to further rights – shall be entitled to demand a contractual penalty of 1% of the net order value for each commenced working day of delay. The assertion of further damages is reserved; the contractual penalty shall not be set off against any claim for damages.

9. If delivery is not made on time or in accordance with the contract, Kastner shall be entitled to procure the required goods from third parties at the Service Provider’s expense; any additional costs shall be borne by the Service Provider.

C. Notification of Defects

1. Kastner is not obliged to inspect the delivery or performance immediately upon receipt or to notify defects without delay. The inspection and notification obligations under Section 377 of the German Commercial Code (HGB) are expressly waived.

2. Defects of any kind may be reported by Kastner during the entire warranty period. Notification shall be deemed timely if made in text form within 14 working days of discovery.

3. Obvious and hidden defects shall not be deemed accepted even if Kastner takes delivery, puts the goods into use, or makes payments.

4. In the event of a justified notice of defects, Kastner may, at its discretion, demand rectification, replacement delivery, or a reduction in price, or withdraw from the contract. Further statutory and contractual rights remain unaffected.

5. Any costs for inspection, return shipment, or replacement procurement shall be borne by the Service Provider.

6. For hidden defects, the limitation period begins upon discovery.

D. Special Conditions for Individual Contracts

Art Buying / Photographers / Video Productions and Similar

1.1 The Service Provider shall perform the service personally.

1.2 Kastner may specify assistants, models, props, technical effects, and location; any additional costs incurred shall only be borne by Kastner upon prior agreement.

1.3 Unless otherwise agreed in writing, the agreed remuneration includes all costs associated with the order (in particular assistants, models, props, consumables, technical effects, locations, travel, and accommodation costs). The Service Provider acts in its own name and on its own account; representation of Kastner is only permitted with prior written consent.

1.4 The Service Provider shall obtain from models and other rights holders a release approved by Kastner that secures all usage rights for the agreed advertising measure and excludes claims. The Service Provider shall indemnify Kastner against all claims by third parties.

Print Production / Artwork Preparation

2.1 Before production begins, approval samples (“print-ready proofs”) must be submitted; these are binding for type and quality. Deviations must be corrected immediately at the Service Provider’s expense; otherwise, Kastner may withdraw from the contract and claim damages.

2.2 After production begins, production samples must be submitted. Delivery shall only take place after written approval by Kastner.

2.3 Kastner is not obliged to accept excess quantities.

2.4 Interim results (e.g., lithographs, including electronic ones) are included in the remuneration and must be handed over to Kastner upon completion of the order.

2.5 In the event of unusable templates or identified errors, the Service Provider must inform Kastner immediately, at the latest before production begins.

Film and Video Production Companies

3.1 The Service Provider shall hand over all raw material (footage) and all interim results in editable form to Kastner.

3.2 All usage rights to the raw material and final versions are transferred without limitation in time, place, or content.

3.3 The Service Provider warrants that music, voiceovers, performers, and other content used are licensed; corresponding license evidence must be provided.

3.4 Changes, additions, or versioning must be carried out without separate remuneration within the first two correction rounds.

Music and Sound Design Service Providers

4.1 The Service Provider warrants that all sound works delivered are free of GEMA and GVL claims, or that the corresponding usage rights are fully transferred.

4.2 Usage rights are granted without limitation in time, place, or content; the Service Provider must ensure transferability of these rights.

4.3 On request, multi-track recordings, project files, and editable formats must be delivered.

CGI, 3D, and Animation Studios

5.1 All created 3D models, render files, layer files, and scenes must be handed over in open, editable form.

5.2 The transfer of usage rights is unlimited in time, place, and content; Kastner is entitled to modify and pass them on to third parties.

5.3 Technical specifications (e.g., resolution, file formats, compatibility) must be set out in writing before the project starts and adhered to.

E. Usage Rights

Unless otherwise agreed in individual cases, the following applies regarding usage rights to the Work:

1. The Service Provider transfers to Kastner, without additional compensation, all copyright usage rights, related rights, industrial property rights, and other rights (including all rights of adaptation, alteration, translation, reproduction, distribution, and public performance) to all work results, drafts, templates, concepts, materials, files, products, components, and other services created or delivered in the course of or in fulfillment of the contract, at any stage of creation, including all preliminary stages and drafts, regardless of whether these are approved or used by the client.

2. The rights are transferred exclusively, without limitation in time, place, or content, covering all known and unknown types of use, and include the right to sublicense and to grant further usage rights. Kastner is further entitled to affix its own copyright notice (e.g., the copyright symbol) when using the Work.

3. Kastner may edit, adapt, transform, combine with other works, shorten, extend, or otherwise modify the work results in any way without requiring the Service Provider’s separate consent.

4. The Service Provider waives – to the extent legally permissible – the assertion of moral rights, in particular the right to be named as author, and undertakes to ensure that all third parties commissioned by it for contract fulfillment do likewise.

5. Kastner is entitled to present advertising materials in which the contractual goods and services are used for self-promotion (including online) or in connection with participation in competitions or as a reference.

F. Ownership of the Physical Work

1. Kastner acquires perpetual ownership of works underlying the granted usage rights, such as originals and templates, in particular printing templates, original photographs, negatives, illustrations, films, and data carriers, upon delivery or payment of the agreed remuneration. If such works remain in the possession of the Service Provider, they must be stored carefully free of charge and, upon request, sent to Kastner at the Service Provider’s cost and risk.

2. Works or other items received by the Service Provider from Kastner or third parties for the performance of the order must be stored carefully and, upon request, returned to Kastner immediately at the Service Provider’s cost and risk. No right of retention exists.

3. The Service Provider is not entitled to use working materials or other items received from Kastner or third parties for the performance of the order for any purpose other than the performance of the order. In particular, own use of these working materials by the Service Provider is excluded.

G. Third-Party Rights

1. The Service Provider confirms that it holds all rights, in particular all copyrights, moral rights, and trademark rights, to the Work it has developed, and that no third-party rights exist. Upon request, it shall provide suitable evidence.

2. The Service Provider shall fully indemnify Kastner in the event that a third party nonetheless asserts rights.

H. Confidentiality

1. The Service Provider undertakes to treat all information, documents, data, business and trade secrets, and other confidential information obtained in the course of cooperation with Kastner as strictly confidential.

2. Confidential information may not, without Kastner’s prior written consent, be disclosed in whole or in part to third parties or used for purposes other than those contractually agreed.

3. The confidentiality obligation shall continue indefinitely after termination of the contractual relationship.

4. Information shall not be considered confidential if:

a) it was demonstrably known to the Service Provider prior to receipt,

b) it becomes public knowledge without breach of this agreement, or

c) it is lawfully received from third parties without an obligation of confidentiality.

5. The Service Provider shall ensure that its employees, subcontractors, and other agents are bound by the same confidentiality obligations.

6. In the event of a breach, a contractual penalty of €10,000 shall be due. The contractual penalty shall not be set off against any further damages.

I. Payment Terms

1. The net payment term is 30 days.

2. If no fixed price has been agreed, the Service Provider undertakes to invoice by the 5th day of each month for all deliveries and services provided in the previous month, so that Kastner can deduct the charged input VAT from the VAT payable for the current month. If the invoice for the previous month’s services is not received by this date, the payment term and payment conditions shall be postponed by one month.

J. Governing Law, Jurisdiction, Severability Clause

1. This contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

2. If the Service Provider is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Kastner’s registered office. However, Kastner shall also be entitled to sue the Service Provider at its general place of jurisdiction.

3. Should any provision of the contract and/or these GTC be invalid or become invalid, the validity of the remainder of the contract and/or these GTC shall remain unaffected. The invalid provision shall be replaced by one which, within the limits of what is legally possible, comes closest to the parties’ intent.

GTC for customers

In the event of any discrepancies between a translation and the original German version of these General Terms and Conditions, the German version shall prevail. Any translations are provided for convenience only and have no legal effect.

A. Applicability of the GTC

1. These General Terms and Conditions (“GTC”) apply to all offers, deliveries, and services provided by Kastner Frankfurt GmbH (hereinafter “Kastner”) to its customers (hereinafter “Customer”).

2. Deviating terms and conditions of the Customer shall only apply if expressly acknowledged in writing by Kastner.

3. Kastner may amend or supplement these GTC at any time. The version in effect at the time of contract conclusion shall apply.

B. Conclusion of Contract, Scope of Services

1. Quotations, cost estimates, and price lists issued by Kastner are non-binding and subject to change.

2. A contract is formed only upon written order confirmation by Kastner or upon commencement of service provision.

3. The content, scope, and cost of the agreed services are determined exclusively by the individual contract, usually the project-specific cost estimate (“KVA”).

4. If the agency performs services outside its registered office with the Customer’s consent (for example, to supervise film, radio, and television productions, print supervision and approvals, or visits to the Customer), it shall, in addition to the agreed remuneration, be entitled to reimbursement of travel costs (second-class train travel, economy-class flights, or car travel) including all necessary expenses and allowances. Travel time will be invoiced based on actual time spent at the agreed hourly or daily rate.

5. Unless expressly agreed otherwise, the agency services “production management” and “artwork preparation” are not included in a cost estimate and shall always be remunerated based on actual workload. Any retainer payments do not include these services unless otherwise agreed.

6. In general, the agency’s services include: market strategy and advertising consultancy in all areas of corporate and brand communications; strategic consulting and brand management; advertising creation/design (campaigns, copywriting, layouts, storyboards, etc.).

7. Kastner is entitled to subcontract services in whole or in part to suitable third parties. For example, Kastner engages highly qualified business partners for activities such as media planning and booking, film production, trade fair construction, recordings, SEO/SEA measures, UX design, and similar. Any resulting third-party costs will be passed on to the Customer at cost, without markup.

8. Changes to the scope of services that serve to improve or adapt to technical developments are permissible, provided they are reasonable for the Customer.

C. Payment Terms

The net payment term is 30 days.

D. Customer’s Duty to Cooperate

1. The Customer shall provide Kastner with all information, content, documents, and approvals required for service provision in full, free of errors, and in a timely manner.

2. If service provision is delayed due to incomplete or late cooperation by the Customer, all deadlines shall be extended accordingly; any resulting additional effort will be invoiced separately.

3. The Customer is responsible for obtaining rights clearance for all content provided by them.

E. Trademark and IP Rights Verification

1. The Customer is solely responsible for the registration, maintenance, and enforcement of trademark, design, or other intellectual property rights relating to the work results produced by Kastner.

2. The Customer alone is responsible for verifying whether the designs, concepts, or other services delivered by Kastner infringe third-party rights.

3. Kastner does not conduct legal clearance of intellectual property rights and assumes no liability for the legal admissibility of the delivered work results.

4. Any costs for trademark searches, trademark registrations, rights clearance, or similar legal measures shall be borne by the Customer.

5. The Customer shall indemnify Kastner against all third-party claims resulting from the infringement of trademark, design, or other intellectual property rights, unless Kastner acted with intent or gross negligence.

F. Delivery, Performance Period & Transfer of Risk

1. Delivery and performance dates are binding only if expressly confirmed in writing by Kastner.

2. The risk of accidental loss or deterioration of the work shall pass to the Customer as soon as the goods or work are handed over to the carrier or – in the case of digital services – made available electronically.

3. Partial deliveries are permissible if reasonable for the Customer.

G. Delivery, Acceptance, Notification of Defects

1. The Customer must inspect the services immediately upon receipt and notify Kastner of any defects in writing within 3 working days. After this period, the service shall be deemed accepted.

2. For hidden defects, the notification period is 3 working days from discovery.

3. In the case of a justified defect notification, Kastner may, at its discretion, remedy the defect or deliver a replacement.

4. Further claims, in particular claims for damages, are excluded unless caused by intent or gross negligence on the part of Kastner.

H. Usage Rights

1. All rights to concepts, designs, layouts, texts, photographs, illustrations, films, animations, software, files, and other work results shall remain with Kastner until full payment of all amounts due.

2. Usage rights are granted solely for the agreed purpose, non-exclusively, and limited in time, territory, and scope of content as set out in the contract. Any further use, modification, reproduction, distribution, or public communication requires Kastner’s written consent.

3. Raw data, open files, source codes, project files, and working materials are not owed.

4. Kastner is entitled to use work results for self-promotion, competitions, PR, social media, and as references, including after the contract has ended.

5. Rights are only granted after full payment has been received.

I. Retention of Title

1. Kastner retains ownership of all delivered physical and digital work results (e.g., layouts, designs, final artwork, print data, films, photos, digital files) until full payment of all amounts due under the respective contract.

2. Prior to full payment, the Customer is granted only a simple, revocable right of use. Kastner may revoke this right of use at any time in the event of payment default.

3. In case of payment default, Kastner may prohibit further use of the work results and demand the return of already delivered work results or request their deletion.

J. Liability

1. Kastner shall be liable to the Customer – regardless of the legal basis – only for damages caused by intentional or grossly negligent conduct.

2. Liability shall in any case be limited to foreseeable, typical contractual damages and capped at the order value.

3. Liability for loss of profit, missed savings, or indirect damages is excluded.

4. The above limitations of liability shall not apply to damages resulting from injury to life, body, or health, nor in cases of mandatory statutory liability (e.g., under the Product Liability Act).

5. Kastner shall not be liable for performance disruptions caused by force majeure or other unforeseeable circumstances beyond its control.

K. Confidentiality

1. Both parties undertake to treat all information, documents, data, business and trade secrets obtained during the cooperation as confidential and not to disclose them to third parties.

2. This obligation shall remain in force indefinitely after termination of the contractual relationship.

3. Presentations, designs, concepts, strategies, layouts, and other ideas presented by Kastner in pitches or competitive presentations are protected by copyright and may not be used, disclosed, or implemented by the Customer, in whole or in part.

4. In the event of a breach of this obligation, the Customer shall compensate Kastner for any resulting damages; the assertion of a contractual penalty remains reserved.

L. Governing Law, Jurisdiction

1. This contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

2. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Kastner’s registered office. Kastner shall, however, also be entitled to bring action against the Customer at its general place of jurisdiction. 

Whistleblowing Channel

Please use this link to access our whistleblowing channel and report any concerns. If you wish, you can remain completely anonymous. Reports submitted by email, phone, or post will be received by Bundesanzeiger Verlag GmbH* and entered anonymously into our system. You may also arrange a personal appointment with Bundesanzeiger to make your report directly. Retaliation of any kind is strictly prohibited. On the contrary, we sincerely appreciate your help in pointing out irregularities—your contribution enables us to address and resolve them as quickly as possible

*Hotline: 0800-1234-205 (Mon - Fri, 8 am - 6 pm)

Mail: hinweisgeberportal@bundesanzeiger.de

Mail/visit: Whistleblower service c/o Bundesanzeiger Verlag GmbH, Amsterdamer Str. 192, 50735 Cologne, Germany

Whistleblower system: KASTNER