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

1. Claims Enforcement

Protectra assumes the enforcement of claims of all kinds on behalf of the customer, in particular due to the violation of data protection and personal and consumer rights, as described in more detail in the context of the assignment via the Protectra website (in hereinafter: case). Depending on the case, the customer instructs Protectra with the enforcement of claims after assignment of his claims for the purpose of collection ("a) assignment for collection") or with the enforcement of claims by his legal representation ("b) enforcement of claims by representation"). The purpose of the contract is to enforce the claim particularly efficiently, quickly and, as far as possible, without the customer’s involvement.

a) Assignment for Collection

(aa) Scope of Assignment and Transfer

(1) The mandate is aimed at the enforcement of main claims and related ancillary claims, in particular claims for information, default damages and interest. If the legal defense or disclosure conduct gives rise to further claims against or the same debtors - for example, because the accountability, data transfer or disclosure obligations are not fulfilled in the case of data protection law violations - the mandate also extends to the enforcement of these claims. The same applies to claims that are first brought about in the course of executing the order. If several debtors come into consideration, Protectra shall be entitled to decide at its own discretion, taking into account the common interest in the efficient enforcement of rights on the one hand and the economic interests of the client on the other, which eligible debtors are to be taken into consideration. There is no obligation to make a claim against all eligible debtors in. The customer is advised that this may lead to the limitation of claims against other eligible debtors. Protectra shall inform on request which debtors it is taking action against.

(2) By clicking on the "order with payment obligation" button, Protectra assigns the customer’s claims against to any third party to which the customer is or will be entitled in future on the basis of the facts of life on which the case is based and which are described in more detail in the offer description upon conclusion of the contract, for the purpose of enforcing. Whether known or unknown, the assignment shall only take place in the case of future accrual, in particular in the case of the assignment of, if necessary subject to the condition precedent of its accrual. Protectra accepts the assignment. Excluded from the assignment are partial claims and related ancillary claims that are unseizable (§ 400 BGB), as well as those that are subject to a statutory prohibition of assignment or for which performance to Protectra would not be possible without changing the content of the performance (§ 399 1st Alt. BGB).

(bb) Claim Value, Settlement, Termination

(1) The parties are aware that the amount of the claim cannot be conclusively determined depending on the individual case. The aim of this contract is therefore to achieve the highest possible amount. Where necessary, Protectra shall estimate the amount on the basis of the information provided by the customer at its own discretion in application of the provisions of Section 287 of the German Code of Civil Procedure (ZPO), i.e. by assessing all circumstances in its own discretion. In the case of of data protection claims, the basis is in particular the sensitivity of the data concerned and all other circumstances known to Protectra. Insofar as the amount of the claim is dependent on an emotional impairment of the customer, this can be disregarded if its proof would probably require a witness hearing of the customer in person , as this effort is disproportionate to the expected amount of the claim. If, at the time of conclusion of the contract, specific damages of the customer are known and Protectra is also commissioned with the enforcement of these damages, Protectra shall assert a claim at least in this amount. In this respect, the customer is obliged to provide the information required for enforcement and to quantify the amount of damages to the best of its knowledge and belief.

(2) In the common interest of a quick settlement,Protectra is entitled to freely negotiate the amount owed up to a minimum of 25% of the amount estimated by Protectra as reasonable in accordance with paragraph 1 and documented prior to the conclusion of the settlement and to conclude an irrevocable settlement, taking into account the prospects of success of judicial enforcement, the interest of the parties in efficient and quick enforcement, the common interest in the highest possible settlement amount and other legitimate interests of the customer. This serves the contractual purpose of fast, efficient and, if possible, without consultation enforcement of rights. A settlement below this claim amount requires the customer’s prior consent.

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

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 against the debtor(s) on its behalf. At the same time, he authorizes Protectra to instruct lawyers selected by Protectra in his name at its reasonable discretion to represent him. This applies in particular in the event that the judicial enforcement of a claim becomes necessary. Insofar as the parties have agreed on enforcement on the basis of the customer's legal protection insurance, the procedure is subject to the customer's confirmation of cover. The customer shall not incur any costs in this respect; any costs of the cover request shall in any case be borne by Protectra. Protectra will transmit data necessary for the execution of the attorney-client agreement and the establishment, exercise or defense of legal claims to the commissioned attorneys.

(3) If the customer previously instructs Protectra in the same matter with the “Assignment for collection” later with the “Enforcement of claims by representation”, Protectra declares the reassignment of the claims to the customer subject to the condition precedent of receipt of the cover note in favor of the customer by the customer’s legal protection insurance. Protectra waives a declaration of acceptance of the client. If the confirmation of cover is not received, the order for “Claims enforcement by representation” shall end and Protectra shall again act for the client on the basis of the “Assignment for collection” on the terms previously agreed at together with a success fee.

2. Notice of assignment and deed of assignment

Protectra is entitled to notify all relevant debtors of any assignments made in the course of the performance of the contract on behalf of the customer. With regard to formal requirements and procedural requirements, the customer undertakes to provide Protectra with a (further) signed deed of assignment in paper form upon request, if necessary in advance in digital form. Protectra is authorized and instructed to transmit the deed to courts and debtors in electronic form, also on behalf of the client, for the purpose of enforcement (Sections 130e, 130a ZPO).

3. Fees

The contractual agreement is intended to pass on the costs of legal representation of the customer to third parties. These are primarily to be liquidated by the respective opposing party or parties. The following also applies:

a) Assignment for collection

In the case of the “assignment for collection” procedure, the customer shall only owe the fee agreed in the context of the conclusion of the contract in the event of success.

aa) Definition of success

Unless otherwise agreed in the specific case, every payment by a debtor towards the principal claim, costs or interest that is the subject of the contract shall be deemed to be a success. It is necessary, but also sufficient for the contingency fee claim to arise, that Protectra has acted with external effect to enforce the contractual claim, which also includes the appointment of lawyers. The success fee is in any case capped at the amount of the payment actually made to. Protectra is entitled to offset the success fee against incoming payments from the opposing party. If a payment is made in response to a judgment that is not final and absolute or subject to reservation, Protectra shall be obliged to repay the fee if the non-existence of the claim is later determined to be final and absolute.

bb) Calculation basis

If participation in the success of the legal action is agreed, the calculation of the amount of Protectra’s remuneration shall be based on the amount actually paid by the other party in respect of the principal claim, costs and interest. The pro rata costs of legal enforcement shall be deducted from this amount (see 4.). This also applies to the costs of a settlement, court costs and any claims for reimbursement of costs by third parties (which is conceivable in the event of a partial victory), for all matters pending between the same parties in which Protectra is commissioned by the customer to enforce the claim. Protectra’s success fee, agreed as a percentage, shall be deducted from the calculation basis thus determined.

b) Enforcement of claims through representation

Remuneration is paid either by the client’s legal expenses insurance or, by separate agreement, by a litigation funder, which may also include Protectra (also by separate agreement). In the event of a deductible, Protectra shall reimburse this. The customer undertakes to support Protectra or lawyers acting on behalf of the customer to the best of their ability in the enforcement of the claims for remuneration; in this respect, this is also a contract for the benefit of third parties. Depending on the individual case, this includes the assignment of the remuneration claims against a legal expenses insurance for the purpose of enforcement, the implementation of arbitration or ombudsman proceedings or the enforcement of the claim by way of legal action. Any costs incurred in this respect, as well as risks in the event that the proceedings are lost, shall be borne solely by Protectra.

4. Costs and expenses

(1) In the event of assignment for collection, any costs and expenses incurred shall be allocated pro rata to all customers who have commissioned Protectra with the enforcement of similar claims and whose claims are asserted in the same proceedings in the event of judicial enforcement. The claim for reimbursement is capped at the amount paid by third parties on the disputed claim or an ancillary claim related to it (interest, costs, etc.). Protectra owes a transparent settlement of the apportionment, but in this respect is entitled to limit itself to stating the number of customers and their respective share to which the costs or expenses are apportioned in order to adequately protect the personal rights of all customers.

(2) In all other respects, the statutory provisions apply to the amount of reimbursement, including in particular the Lawyers’ Fees Act, the Court Costs Act and the Judicial Remuneration and Compensation Act.

5. Cooperation

(1) The customer shall support Protectra in enforcing the claims and shall inform Protectra immediately if it receives services from a debtor or if a debtor contacts the customer about the claim. In particular, the customer shall make the declarations required for the enforcement of claims, but also for the emergence of claims - such as requests for subsequent performance, setting a deadline - and, upon request, shall commission Protectra with the delivery of these declarations as a messenger or representative. Should the customer be offered payment or supplementary performance, he shall informProtectra immediately, stating the specific content of the offer and before accepting it.The collection contract shall end if the customer accepts subsequent performance and the object of the collection contract was the enforcement of (only) future claims, the creation of which depended on a fruitless request for subsequent performance.

(2) If the customer does not commission Protectra as a sender and receiver in the case of requests for information under data protection law, which serve to support the enforcement of monetary claims, shall, if necessary, address a request for information under data protection law in accordance with a template to be provided by Protectra and inform Protectra of the content of the information provided, provided that no legitimate interests of the customer conflict with this. The customer may redact or omit information contained in the information.

(3) Upon request, the customer shall send power of attorney documents relating to the specific order that are required for the enforcement of rights. At the same time, he authorizes Protectra to issue legal power of attorney documents and powers of attorney as specially informed representatives in favour of legal representatives with a scanned signature transmitted for this purpose.

6. Settlement and duty of confidentiality

Many opponents prefer a judicial clarification of claims to a settlement only because they are afraid of publicly admitting their liability by making an out-of-court payment. It is therefore essential that Protectra, as well as lawyers entrusted with the enforcement of the law, can credibly promise the other party confidentiality in the event of a settlement. The client is therefore obliged to maintain confidentiality regarding the conclusion of a settlement if and to the extent that this is contractually agreed with the opposing party within the framework of the agreement (even if this is concluded in the name of Protectra in the event of assignment for collection). Protectra is entitled to represent the customer in this respect and also to agree a contractual penalty on behalf of the customer up to twice the amount that is to accrue to the customer under the agreement. This serves to promote a comparative agreement and to enable claims to be enforced as quickly as possible.

7. Supporting the client with correspondence and mandate management

Protectra undertakes to conduct correspondence with attorneys and courts on behalf of the client with the aim of fast, efficient and low-involvement legal enforcement and to work towards appropriate legal enforcement. This includes the right to make appropriate contractual declarations to lawyers engaged on behalf of the client, which in particular includes the granting of a power of attorney to conclude a settlement as well as the receipt, evaluation and response to risk warnings etc. by lawyers. Protectra shall inform the client of the status of the enforcement of the claim in summary form. Transmission of the correspondence as a whole is not owed. This serves the contractual objective of fast, efficient and cooperative enforcement of claims.

8. 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.

9. Final Provisions

(1) German law applies, excluding the UN Sales Convention and conflict-of-law rules under international private law. In the event of discrepancies, the German version shall prevail.

(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) Amendments to this contract must be made in text form; there are no oral side agreements at the time of contract conclusion.