Mobile Mirror is provided by

xplace GmbH
Tuchmacherweg 12
D-37079 Göttingen

Fon +49 551 488 79 80
Fax +49 551 488 79 84 06

Email info@xplace.de
Web www.xplace.de

Sales tax identification nr. DE 2 26 69 92 31

Michael Volland (chairmanship)
Florian Brinkmann
Marco Wassermann

Amtsgericht Göttingen
HRB 3649 Göttingen

Responsible according to § 55 paragraph 2 Rundfunkstaatsvertrag:
Michael Volland
Tuchmacherweg 12
37079 Göttingen

Privacy Statement

Mobile Mirror and the web sites m.mobile-mirror.com, mobile-mirror.com as well as the software application designed for mobile devices (henceforth called app) are offers of the xplace GmbH, Tuchmacherweg 12, 37079 Göttingen, Germany, and xplace is thus responsible for the aforementioned offers as stated in the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). In this Data Privacy Statement, the xplace GmbH (henceforth called xplace) will inform you about the use and handling of person-related data.

1. Protection of Person-Related Data

All person-related data that are transmitted to the Mobile Mirror web site of xplace after your visit will be used anonymously and are utilized exclusively for statistic market research, i.e. internal analysis of customer demographics. Person-related data (such as name, address, telephone number, email address) will only be recorded to ensure the execution of requested services. Only if you agree to the saving, processing and use of your data will the data be recorded for the further customer-oriented development of our services. In particular, there will be no transfer and circulation of person-related data to others or for the use of advertising purposes without your consent.

In case of questions regarding data acquisition, processing and use of person-related data, and in case of information requests, corrections, suspension or deletion of data, please contact Florian Brinkmann (email: info@xplace.de, address: xplace GmbH, Tuchmacherweg 12, 37079 Göttingen, Germany).

2. Data Acquisition, Processing and Use of Person-Related Data

2.1. Recorded Data without Registration and Log-in

Without registration and log-in, you may only access certain Mobile Mirror services. Upon your visit to the web site, anonymized data will be recorded by default, disregarding your person-related data. The data recorded include Internet protocol (IP) address of the computer used to access our site, date and length of your stay, the number of visits, your browser type, and the operating system. These data will be made anonymous and will then be used for statistical analysis without any personal references.

2.2. Recorded Data after Registration and Log-in

To use all services provided, you need to register and log-in with xplace. To ensure the provision of services, xplace will save the transmitted person-related information. The data recorded include your user name, chosen password, and email address (requested fields). Name, surname, and gender are voluntary information.

2.3. Application of Cookies

For ease of use of Mobile Mirror services and to ensure access to certain functions, we employ cookies on various web sites. Cookies are small text files that will be saved on your computer. They allow for the analysis of your use of the web site. Most of the cookies will be deleted from your hard drive once the browser is closed (so-called session cookies). Other cookies remain on your hard drive and enable us to recognize your computer on your next visit to our web sites (so-called permanent cookies). You may disable the use of cookies manually. The help function that can be found in the menu of most browser types will inform you about how to set your browser as not to accept new cookies, to notify you when new cookies are installed, or to delete all existing cookies. However, the cookies ease the use of most function on our web site, so we advise you to enable the cookie function.

2.4. Use of Social Plug-Ins

On our web site, we employ social plug-ins of the social networks facebook.com, twitter.com, pinterest.com and youtube.com. Facebook is an application of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Twitter is an application of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Pinterest is an application of Pinterest Inc., 808 Brannan St., San Francisco, CA 94103-4904, USA. Youtube is an application of YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. The plug-ins are labeled with the logo of the respective social network. With each visit to any of our aforementioned web sites that provide a plug-in, the plug-in changes the visual display of your browser to match the visual display of the respective social network. Your browser thus establishes a direct connection to the server of the social network. The content of the plug-in will be transmitted from the server of the social network directly to your browser and will then be implemented into the visual display of the web site. Therefore, we have no influence on the volume of data that will be recorded by the social networks using plug-ins and shall not be held accountable for the transmission of aforementioned data.

Information on the web site you visited will be transmitted to the server of the respective social network. Should you use any of our web sites and are logged-in onto any of the aforementioned social networks at the same time, then the social network´s plug-in will register the transmitted data and can detect the web site you are on. There will be an adjustment to your user profile, i.e. should you use the „like“ button of the Facebook plug-in or the „tweet“ button of the Twitter plug-in, these data will be transmitted as well, added to your user profile, and the function associated with the button will be executed. Even if you are not registered, there is a possibility that the social network learn about and save your IP address.

For the purpose and volume of data acquisition, information on the further processing and use of data via the respective social networks as well as your rights concerning this matter and the options of deletion for the protection of your privacy, please see the data privacy statements of the respective social networks: http://www.facebook.com/about/privacy/, http://twitter.com/privacy, http://about.pinterest.com/privacy/, http://www.google.de/intl/de/policies/privacy/.

You can prevent the transmission and saving of person-related data and in regard to your online activities, if you log off from social networks before using Mobile Mirror web services.

2.5. Newsletter and Service Notifications

With your subscription to the newsletter, your email address, name and surname as well as gender will be used for advertising purposes. Your information will be used to distribute the newsletter. The information will be used until you cancel your subscription. A cancelation of your subscription to the newsletter can be executed at any given time.

With your registration to Mobile Mirror, you allow us to use and process your person-related data in order to send you email notifications concerning xplace. We will thus be allowed to use your person-related data for advertising purposes. You can cancel on the notifications and therefore on the advertising purpose by e.g. sending an email to info@xplace.de or with an informal letter to the address mentioned above. The cancelation of your subscription to the notifications can be executed at any given time by simply clicking on the link that can be found at the end of each email sent to you.

Aside from the distribution of the newsletter, xplace may use your person-related data to send emails to your registered address containing important information regarding Mobile Mirror (i.e. affirmation of registration). With your registration you accept these terms of agreement, which cannot be cancelled.

3. Google Analytics

The web site uses Google analytics, a web analysis service of Google Inc. Google Analytics employ so-called cookies, which are small text files that will be saved on your computer. They allow for the analysis of your use of the web site. Your use of our web site and the generated information (including your IP address) will be transmitted to and saved on a Google server in the US. Google Analytics will use the information to evaluate the use of the web site, to put together a report about web site activities, and to provide further services regarding web site use and internet use. Google may forward the information to a third party provided that there is a legal foundation and in case the third party uses the data to analyze them on behalf of Google. In no case will Google associate your IP address with other Google data. You may disable the cookies by adjusting your browser settings. However, we have to point out that certain features may not work properly when the cookies are disabled and thus full functional reliability and access to all features of our web site cannot be granted. When using the web site you allow Google to use and process your data as mention above.

4. Data Security

Internet security is of great concern to xplace. We protect our web site and other services with technical and organizational provisions to avoid loss, damage and access, alterations and distribution of your person-related data by unauthorized people. Despite of regular monitoring, it is not possible to grant complete security. There is a regular inspection of our security provisions. Furthermore, we adapt to the newest technological security standards to prevent misuse.

All provisions are made to ensure the security of our data base. Only selected employees have access to the data base and they are obligated to abide by the regulations of privacy protection. Our web sites contain links to web sites of other parties, especially links to web shops of participating retailers. xplace is not responsible for security provisions that other providers set up for their web sites.

Your Right to Information, Notifications and Deletion of Your Data

As stated in the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), you are entitled to demand free of charge information on the person-related data saved in our data base and as the case may be you are also entitled to notifications, suspension and deletion of these data. Unless a further use of these data is rendered necessary, your data will be deleted upon request.

In case you gave xplace the legally postulated consent to use your data for a specified purpose, you may object to the consent at any time. This includes the objection to your consent regarding the saving of your personal information to create a user profile. Please send your objection via email to info@xplace.de or via post in an informal letter to the above mentioned address.

Please note that in case of objection you will no longer be able to use and access certain services and features provided by xplace, if these services and features demand the use of data against whose use you have objected.

Terms of Use

1. 1. Subject of Agreement

The xplace GmbH, Tuchmacherweg 12, 37079 Göttingen, Germany (henceforth called xplace) with its managing directors Michael Volland, Florian Brinkmann, and Marco Wassermann carries out a multi-media platform called Mobile Mirror that realizes the recording, distribution and inventory of fashion items by means of picture and video files. On the web sites m.mobile-mirror.com and www.mobile-mirror.com as well as with the use of the software application (so-called app) for mobile devices (which will henceforth be described as “Mobile Mirror sites”), xplace provides the opportunity of saving, editing and sharing pictures and video files of fashion items. Moreover, xplace provides in-store terminals, which enable the customer to take pictures or record videos of themselves with individually composed fashion outfits. The Mobile Mirror sites and the in-store terminals are connected via a shared technological platform (backend).

The terms of use are applied to all activities of registered and non-registered users of Mobile Mirror. Henceforth, both registered and non-registered user will be described as “user”.

The terms of use contain the prevailing agreements between xplace and users regarding the provided services of xplace. The user acknowledges these terms of use with the use and/or registration.

All registered users will receive email notification in case of any changes to the terms of use. The user has a fortnight to object to these changes. If not, the changes will be carried out. In case of any changes to the term of use, the users will separately be informed about their right of objection and the consequences of not responding to the aforementioned notification.

The user will be informed about the trademark property right of all company names, logos and /or item description.

2. Store, Terminal and Web Appearance

xplace provides individual retailer with an in-store terminal with which the customers can take a picture of themselves using the delayed mirror function. In the standard mode of these terminals, there will be no permanent saving of the pictures. There will, however, be a temporary saving of the picture in order to be able to show the customer the picture taken with the delayed mirror function (up to 15 seconds delay). The temporary saving is necessary in order to be able to display the picture, but the data will be deleted automatically and definitely after the display. Customers may take pictures or record videos using the camera of the in-store terminal. Upon requested, a copy of these pictures or videos can be generated. If so, a web site containing the pictures and videos is generated which can be accessed using a QR code. The QR code will be displayed on the terminal´s display and should be scanned using the camera of the customer´s mobile device. The web site will be retrieved on the mobile device (depending on the provider, there might be usage fees). The customer can close the displayed web site showing the QR code manually; if not, the web site will close itself 3 minutes after the start of the display of the QR code. After the closing of the web site, the QR code cannot be retrieved. The generated pictures and videos will receive a labeling (“branding”) showing the logo of the retailer.

As the case may be, the in-store terminals can also be used to access the retailer´s online shop. For the use of the retailer´s online shop using the in-store terminal, the terms of use of the individual online shops come in effect.

The web appearance of Mobile Mirror is divided into two sections:

  1. The presentation displayed on m.mobile-mirror.com is specifically designed to meet the requirements of mobile devices.
    The site will be retrieved automatically when a user scans a corresponding QR code displayed on the in-store terminal. The pictures and videos accessed using the QR code can be shared on different social networks or send using email. Non-registered users can only access the picture taken last or video recorded last. The picture or video file will be deleted and cannot be retrieved again, unless it is shared using social network services or send via email.
  2. The presentation displayed on www.mobile-mirror.com is specifically designed to meet the requirements of stationary devices.

3. Services for Registered Users, Admission and Access

It is possible to register to Mobile Mirror using both the web site m.mobile-mirror.com, www.mobile-mirror.com and the app. Independent of the chosen registration channel, a log-in for registered user is possible on all other channels as well. All data assigned to a registered user will be synchronized in regular intervals via the Mobile Mirror backend.

Using the web site m.mobile-mirror.com, registered users are able to save the received pictures and videos permanently on their user profiles, retrieve them and forward them as described above. Using the web site www.mobile-mirror.com, the following features can be accessed:

  • Categorization and description of pictures and videos
  • Saving of pictures and videos in subcategories (“wardrobe”, “wish list”, “suit case”)
  • Forwarding of pictures and videos via different social network services and via email
  • Data import of further pictures and video with subsequent processing and handling of the data corresponding to the processing and handling of the existing pictures and videos

The different retailer´s online ships can also be accessed via www.mobile-mirror.com. For the use of the retailer´s online shop, the terms of use of the individual online shops come in effect.

The services as described for the web site www.mobile-mirror.com are also provided for mobile devices by means of two apps. One app is designed for iOS, the other for mobile devices with android. The apps can be downloaded via the respective app stores (https://itunes.apple.com/de/genre/ios/id36, or https://play.google.com/store). For users that have registered to Mobile Mirror and have downloaded the app on their mobile device, it is possible to receive pictures and videos via QR code directly from the in-store terminals. When scanning the displayed QR code, the installed app will be accessed automatically (and not the web site www.mobile-mirror.com). Pictures taken and videos recorded using the mobile devices´ built-in camera can be saved on the user profile. All other features are in accordance with the features described for the web site www.mobile-mirror.com.

There can be no entitlement to admission to features of Mobile Mirror.

All information requested upon registration have to be filled out truthfully. In case of reasonable suspicion of the breach of the terms of use, xplace may temporarily or permanently deny access to the Mobile Mirror sites. The user may avoid denied access by clearing the suspicion with an adequate proof on one´s own expenses.

Each log-in is individualized and may only be used by the authorized user. The user is bound to keep his user name and password a secret and thus to avoid unauthorized access of others. In case of reasonable suspicion of misuse by a third party, the user must inform xplace immediately. As soon as xplace obtains knowledge of the unauthorized use, the unauthorized user will be denied access. xplace reserves the right to change the user´s log-in and password. The user will be informed about the alterations to his user profile.

Registered users can sign up using a Facebook log-in. A subpage that allows for the log-in to Facebook will be opened. Once the log-in is carried out, the use of Mobile Mirror features is permitted. For further details regarding the terms of use of Facebook, please see http://de-de.facebook.com/legal/terms?ref=pf. For the Data Privacy Statement of Facebook, please see http://www.facebook.com/about/privacy/. When logging in to Facebook, xplace will detect the user´s email address and will receive the user name after a successful log-in to Facebook. xplace will save both user name and email address to grant the registered users the use of additional features. The log-in using Twitter is realizable as well. A subpage that allows for the log-in to Twitter will be opened. Once the log-in is carried out, the use of Mobile Mirror features is permitted. For further details regarding the terms of use of Twitter, please see https://twitter.com/tos. For the Data Privacy Statement of Twitter, please see https://twitter.com/privacy. When logging in to Twitter, xplace will detect the user´s email address and will receive the user name after a successful log-in to Twitter. xplace will save both user name and email address to grant the registered users the use of additional features. Incidentally, the data privacy regulations according to paragraph 6 apply.

4. User Responsibilities

The user is obliged to refrain from any activities that endanger or disrupt the functionality of the mentioned web sites. Furthermore, the user must not try and gain access to data without authorization.

It is forbidden to upload content that is illegal and invasive of privacy or infringes upon provisions of state law. Pornographic, seditious and inciting, or extremist content is strictly forbidden. Furthermore, you are forbidden to upload content that infringes on intellectual property rights, especially on copy rights and trademark rights.

The following is true for all picture and video files on your user profile: All rights to pictures and video recordings remain with the creator, that is, with you, provided you are the creator. In order to be able to use certain features of the Mobile Mirror, you have to grant xplace certain rights regarding your pictures and videos. These rights will be described as follows:

When sharing the pictures and videos via social networks or sending them via email, the user makes these data accessible for others. The user complies with the fact that others can access these data and view the deposited pictures and videos and upload to as well as edit these data on the hard drive of their data processing devices. Concluding, the user complies with xplace using these released picture and video files non-exclusively and free of charge.

The user assures to remain the only holder of rights to all uploaded pictures and video files, and not to infringe upon the right of others, especially on copy rights and trademark rights. This concerns in particular the rights of people and objects shown in the uploaded pictures.

Be it that others claim an infringement of their rights concerning pictures or video data or an infringement of personal rights, the person who has uploaded these pictures or videos commits to indemnify xplace from any claims the other might have as well as to reimburse xplace for the damages and costs resulting from legal defense. The user also defrays xplace´s legal costs as well as all court and attorney fees.

In case of violation, xplace may delete the respective pictures and videos without advanced notice. xplace reserves the right to contact the responsible law enforcement authorities in case of strong suspicion or content liable to prosecution.

5. xplace´s Liability

xplace reserves the right to block unknown contents in case they are considered liable to prosecution or are noticeably used to act out criminal offenses.

The retailer and suppliers (henceforth called “retailers”) go about their business on Mobile Mirror independent of xplace. Therefore, xplace is not responsible for graphic display, choice of content and technical design of the retailer´s web sites. xplace assumes no responsibility in regard to the items offered, the services provided, the information given or any other services provided by the retailers. Furthermore, xplace assumes no liability for the displayed products or offered services and cannot ensure the retailers´ terms. xplace will not make any guarantees regarding the type, range or quality of the products offered by the retailers.

Compensation for damages cannot be forwarded to xplace, excluding compensational claims regarding infringement upon body, health and accountability for other damages through gross negligence by xplace, its legal representatives or vicarious agents. The right to demand conformance to any services stated in the subject of agreement as well as the right to claim infringement upon breach of contract will remain unaffected as well. In case of careless acting, xplace is liable for the damages resulting from breach of contract only in regard to direct losses foreseeable and typical for this type of contact, unless the compensational claims are a matter of infringement upon life, body or health. Provisions of Product Liability Acts as well as the Federal Data Protection Act remain unaffected as well. xplace will only be responsible for loss of data in case the loss was unavoidable even with appropriate data protection implemented by the user.

6. Data Protection and Data Privacy Statement

The xplace servers are protected according to the state of technology, especially by means of firewalls. The users are aware of the fact that there is a possibility of data interception. This affects not only the exchange of emails leaving the system, but also the transmission of any data. The confidentiality of the transmitted data within the framework of the Mobile Mirror sites cannot be guaranteed.

Further details regarding data protection can be gathered from the separately released Data Privacy Statement. For all details regarding data confidentiality, please consult the Data Privacy Statement.

7. Duration of Contract

xplace may abrogate access with prior notice within a week; users may cancel without prior notice.

Each party reserves the right to abrogate the contract without prior notice in case of good cause, such as the breach of terms of use by the users.

The notice must be carried out in written form i.e. via letter or email.

8. Concluding Provisions

The agreement shall be subjected to and construed by German Law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The effectiveness of the terms of use will remain unaffected in case of inoperative provisions in the terms of use or provisions contradicting the statutory rule. The inoperative provision will be replaced by mutual agreement of both parties of the contract with the concluding provision that comes as close as possible to the economic intent of the inoperative provision as effective in law. The preceding arrangement holds for all respective gaps in provisions.