Collection Agreement with Protectra GmbH, Lerchenweg 3, 40789 Monheim am Rhein (hereinafter referred to as "Protectra")

1. Claims Enforcement

Protectra undertakes to enforce claims of all types for the customer, particularly concerning violations of data protection, personal rights, and consumer rights, as described in detail in the assignment on Protectra's website (hereinafter referred to as "the case").

Depending on the case, the customer mandates Protectra to enforce claims either through the assignment of claims for collection purposes ("a) Assignment for Collection") or through the enforcement of claims by legal representation ("b) Claims Enforcement through Representation").

a) Assignment for Collection

(aa) Scope of Assignment and Transfer

(1) The assignment aims at enforcing primary claims and related ancillary claims arising from any violations of legal and contractual obligations due to the data protection incident. This includes, but is not limited to, breaches of accountability obligations under Art. 5(2) GDPR, obligations to inform data subjects (Art. 34 GDPR), or supervisory authorities (Art. 33 GDPR). It also covers dependent information rights the customer may have against all liable parties considered for the case. This may involve contract partners, tortfeasors who are responsible for damages as data controllers, their executives, and joint controllers under Art. 26 GDPR or processors under Art. 28 GDPR. Protectra is authorized, in good faith and with due regard for the mutual interest in effective legal enforcement, to decide independently which potential liable parties to pursue, considering the customer's economic interests. There is no obligation to pursue every possible liable party.

(2) By clicking the "order with payment obligation" button, the customer assigns claims (known or unknown, including future claims, particularly if caused by the assignment) they have against any third party due to the incident for enforcement purposes. Protectra accepts the assignment. Excluded from this assignment are claims and related ancillary claims that are unseizable (§ 400 BGB) or subject to a statutory assignment prohibition or where performance to Protectra would change the nature of the performance (§ 399 1st Alt. BGB).

(bb) Claim Value, Settlement, Termination

(1) The parties acknowledge that the claim value may not be conclusively determinable depending on the case. In particular, there is no established jurisprudence for the amount of non-material damages in data protection law. This contract aims to achieve the highest possible amount through settlement. Protectra initially estimates the claim value based on the customer's information, particularly the sensitivity of the affected data and all other circumstances known to Protectra. If specific customer damages are known at contract conclusion and Protectra is tasked with enforcing those damages, Protectra will claim at least that amount. The customer must provide information required for enforcement and quantify the damage to the best of their knowledge.

(2) In the mutual interest of swift resolution, Protectra is authorized to negotiate and conclude an irrevocable settlement for an amount no lower than 25% of the estimated claim value initially demanded by Protectra. This must consider the prospects of court enforcement, the parties' interest in efficient resolution, and the highest settlement amount achievable. A settlement below this claim value requires prior customer consent. Costs for a settlement, if incurred, are deducted from the customer's principal claim unless covered by the debtor. The agreed fee remains unaffected by the settlement and is calculated based on the principal amount, less any settlement costs.

(3) If this contract is terminated or ends for any other reason, Protectra must reassign the claim to the customer.

b) Claims Enforcement through Representation

(1) The customer mandates Protectra to enforce claims against third parties per the service description provided at contract conclusion on Protectra's website. The contract is concluded by clicking the "order with payment obligation" button.

(2) The customer authorizes Protectra to assert the claim on their behalf against the debtor(s). They also authorize Protectra to engage attorneys at Protectra's expense for representation if court enforcement becomes necessary.

(3) If the customer previously authorized Protectra for assignment for collection, Protectra will declare reassignment upon engagement for claims enforcement through representation. Protectra waives a formal acceptance declaration from the customer.

2. Fees

The customer owes the agreed fee only in case of success. Success is defined, unless otherwise agreed, as any payment received from the debtor concerning the claim. Protectra's actions to enforce the claim must have external effect. The success fee is capped at the actual payment received.

3. Expenses

Protectra's expenses are only borne by the customer if reimbursed by third parties, particularly in court proceedings. Any reimbursed attorney fees in such cases belong to Protectra if they engaged the attorney at their expense. The reimbursement claim is assigned to Protectra, conditional upon its creation.

4. Cooperation

(1) The customer supports Protectra in claim enforcement and informs Protectra immediately if a debtor makes a payment or contacts them regarding the case. The customer must make necessary declarations for enforcement or claim creation – for example, requests for supplementary performance with a deadline – and authorize Protectra to deliver these declarations on their behalf. If the customer receives an offer for payment or supplementary performance, they must inform Protectra immediately, providing the specific content of the offer. The contract ends if the customer accepts supplementary performance and the collection contract only concerned future claims whose creation depended on unsuccessful supplementary performance requests.

(2) If the customer does not appoint Protectra as their intermediary for data protection inquiries to support monetary claim enforcement, they must submit a data protection inquiry per Protectra's template to the relevant parties and inform Protectra of the response content, unless there are legitimate customer interests against it. The customer may redact or omit any information contained in the response.

(3) The customer must submit any power of attorney documents required for legal enforcement related to the specific assignment upon request.

5. Liability

(1) Protectra's liability for damages due to simple negligence is excluded unless it involves injury to life, body, health, or claims under the Product Liability Act or the General Data Protection Regulation. Liability for simple negligence remains in cases involving cardinal obligations, meaning obligations whose fulfillment enables the proper execution of the contract and on which the customer regularly relies; however, liability is limited to damages typically associated with and foreseeable from the contract.

(2) The same applies to breaches of obligations by Protectra's agents.

6. Dispute Resolution Procedure

The EU Commission's online dispute resolution platform is available at www.ec.europa.eu/consumers/odr. Protectra is neither obliged nor willing to participate in dispute resolution procedures.

7. Final Provisions

(1) German law applies, excluding the UN Sales Convention and conflict-of-law rules under international private law.

(2) If the customer has no general place of jurisdiction in the Federal Republic of Germany, Düsseldorf shall be the place of jurisdiction for all disputes arising from this contract.

(3) Any changes to this contract must be made in writing, whereby fax and digital transmission of scanned documents with handwritten signatures shall suffice; there are no oral side agreements at the time of contract conclusion.