The protection of your personal data is a central concern for us at Cultioo. This privacy policy provides comprehensive information about the nature, scope, and purpose of collecting and using your personal data when using our online platform Cultioo.com (hereinafter "Platform"). Personal data refers to all information relating to an identified or identifiable natural person (e.g., name, address, email address, user behavior).

The data controller within the meaning of the General Data Protection Regulation (GDPR) is:

Company: Cultioo
Name: Arkadiy Tatarynskyy
Address: Schenkendorfstrasse 29, 47829 Krefeld, Germany
Email: arkadiytatarynskyy@cultioo.com

We process personal data of our users only to the extent necessary to provide a functional platform and to deliver our content and services.

2.1 Types of Data Processed

As part of using our platform, we process the following data categories:

• Master and Identification Data: Full name, company name, address, email address, phone number.
• Contract and Financial Data: VAT identification number, bank details (in pseudonymized form via our payment processor), transaction data (purchased products, prices, timing).
• Usage and Metadata: IP address, date and time of access, pages and content accessed, data volume transferred, browser type and version information, user's operating system.
• Content and Communication Data: Messages and attachments exchanged via the internal messaging system, product descriptions and images posted, reviews.
• Location Data: Geographic coordinates of addresses used for display on interactive maps.

2.2 Purposes and Legal Basis for Processing

Processing of your data is always purpose-bound and based on the legal authorization provisions of the GDPR:

For performance of the user contract (Art. 6 para. 1 lit. b GDPR): A large part of data processing serves to enable you to use the platform according to the contract. This includes:

• Setting up and managing your user account.
• Providing platform functions, especially marketplace and communication capabilities, to ensure trustworthy trading.
• Proper processing of payments through our service provider, including calculation and allocation of our commission.
• Transmission of necessary data (e.g., delivery address) between buyer and seller for initiating and conducting purchase contracts.
• Storage of conversations in the messaging system to enable seamless communication.
• Storage and display of product and address information (including coordinates) for map functions.

For compliance with legal obligations (Art. 6 para. 1 lit. c GDPR): We are subject to various legal requirements that make data processing necessary. These include compliance with tax and commercial record retention obligations for business documents such as invoices and transaction records (in Germany, e.g., according to HGB and AO).

Based on our legitimate interests (Art. 6 para. 1 lit. f GDPR): In some cases, we process your data to protect our legitimate interests, provided your interests or fundamental rights do not override. This includes:

• Ensuring IT security, stability and integrity of our platform.
• Analysis and combating of fraud attempts and abuse.
• Optimization and development of our offering through analysis of anonymized or pseudonymized usage statistics.
• Internal logging of login activities (e.g., time, IP address) to increase account security and detect unauthorized access.

Based on your consent (Art. 6 para. 1 lit. a GDPR): For certain processing operations not covered by the above legal bases (e.g., for non-essential cookies), we obtain your voluntary consent. You can revoke given consent at any time with effect for the future.

Sharing of your personal data with third parties occurs exclusively for specific purposes and based on a valid legal basis.

Payment Service Provider (PSP): For secure processing of all payments, we use the services of Stripe Payments Europe, Ltd. For this purpose, data necessary for a transaction (name, purchase amount, transaction ID, possibly credit card data) is transmitted directly to Stripe. We have only limited access to this data. Stripe processes this data as an independent controller. Please refer to Stripe's privacy policy for details.

Hosting Provider: Our platform is hosted by Strato SE. Strato processes the above-mentioned usage and content data on our behalf to ensure technical operation of the website. We have concluded a data processing agreement (DPA) with Strato according to Art. 28 GDPR, which ensures that your data is processed according to our instructions and in compliance with data protection standards.

Map and Address Services: For visualization of locations on interactive maps, we integrate the open-source library LeafletJS and the geocoding service Nominatim (OpenStreetMap). When an address is displayed on a map, address data may be transmitted to OpenStreetMap servers to determine coordinates.

Contract Partners (Sellers/Buyers): For fulfillment of purchase contracts, it is mandatory that contact data (name, company, delivery address) be exchanged between buyer and seller. This occurs exclusively for processing the respective business.

Government Agencies and Authorities: We share data with authorities (e.g., tax offices, law enforcement agencies) when we are legally obligated to do so or when there is an official or court order.

You have comprehensive rights regarding your personal data processed by us:

• Right to Information (Art. 15 GDPR): You can request information about what data we have stored about you at any time.
• Right to Rectification (Art. 16 GDPR): If your data is incorrect or incomplete, you can request its correction. Many data can be adjusted directly in your account settings.
• Right to Erasure ("Right to be Forgotten") (Art. 17 GDPR): You have the right to request deletion of your data. When you delete your user account, we will remove all your data from our active systems. Please note that this right may be limited by legal retention obligations (see Section 7).
• Right to Restriction of Processing (Art. 18 GDPR): Under certain conditions, you can request that we restrict processing of your data (e.g., during review of a correction request).
• Right to Data Portability (Art. 20 GDPR): You have the right to receive the data you provided to us in a structured, commonly used, and machine-readable format and to transmit it to another controller.
• Right to Object (Art. 21 GDPR): For reasons arising from your particular situation, you can object at any time to processing of your data based on our legitimate interests (Art. 6 para. 1 lit. f GDPR).
• Right to Withdraw Consent (Art. 7 para. 3 GDPR): If you have given us consent, you can revoke it at any time with effect for the future.
• Right to Complaint with Supervisory Authority (Art. 77 GDPR): If you believe that processing of your data violates the GDPR, you have the right to file a complaint with a data protection supervisory authority.

We use cookies on our website. Cookies are small text files stored on your device that store certain settings and data for exchange with our systems.

Type and Purpose of Cookies: We primarily use technically necessary (essential) cookies. These are required to ensure basic platform functions. These include:

• Authentication Cookies: Enable the "stay logged in" function so you don't have to log in again on each visit (if you wish).
• Functional Cookies: Store user-specific settings, such as rough location or language preference, to enhance user experience.

Legal Basis and Management: We use technically necessary cookies based on our legitimate interest in a user-friendly and functional platform (Art. 6 para. 1 lit. f GDPR). You can disable or restrict cookie storage in your browser settings at any time and delete already stored cookies. Additionally, we offer the possibility to manage certain cookie-based functions in account settings.

We implement extensive technical and organizational security measures (TOMs) to protect your data from manipulation, loss, destruction, and unauthorized access by third parties. These measures include:

• SSL/TLS Encryption: All data transmission between your browser and our servers is protected by strong SSL/TLS encryption.
• Access Controls: Access to our databases and server systems is strictly regulated and limited to a minimum of authorized personnel.
• Regular Review: Our security measures are continuously adapted to current technology standards and regularly reviewed.

We store your personal data only as long as necessary for the respective processing purposes.

Generally: Your profile data remains stored until you delete your user account. When you delete your account, all your data will be removed from our active databases.

Exception - Legal Retention Obligations: Please note that we must retain certain data even after deletion of your account for a legally prescribed period. This particularly concerns transaction data, invoices, and business correspondence subject to tax or commercial retention periods (in Germany up to 10 years). This data is blocked for any other use and permanently deleted after expiration of the legal period.

We reserve the right to adapt this privacy policy to ensure it always complies with current legal requirements or to implement changes to our services (e.g., when introducing new services). The new privacy policy will then apply to your next visit. We recommend consulting this policy at regular intervals.

These General Terms and Conditions ("Terms" or "AGB") govern the legal relationships regarding the use of the online platform Cultioo.com (hereinafter "Platform").

1.1 Contracting Parties

The operator of the Platform and contracting party for the usage agreement is:

Company: Cultioo
Name: Arkadiy Tatarynskyy
Address: Schenkendorfstrasse 29, 47829 Krefeld, Germany
Email: arkadiytatarynskyy@cultioo.com

A usage agreement for the Platform is concluded between Cultioo and the respective user (seller or buyer). A purchase contract for a product offered on the Platform is concluded exclusively and directly between the seller and the buyer. Cultioo is at no time a party to this purchase contract but acts solely as an intermediary.

1.2 Scope of Application

These Terms apply to all activities on the Platform, particularly registration, offering and promoting products by sellers, purchasing products by buyers, and using all associated functions and services. By registering on the Platform, the user declares unrestricted agreement with these Terms. Deviating, conflicting, or supplementary business terms of the user shall not become part of the contract unless Cultioo expressly agrees to their validity in writing.

1.3 Definitions

1. Platform: The website operated under the domain cultioo.com, serving as a B2B online marketplace.
2. User: General term for sellers and buyers registered on the Platform.
3. Seller: A registered entrepreneur who offers products for sale on the Platform.
4. Buyer: A registered entrepreneur who purchases products via the Platform.
5. Product: Goods offered by the seller on the Platform, particularly food and related goods.
6. Commission: A fee of 6.5% of the net sales price (including shipping costs) that Cultioo receives from the seller for each successfully brokered sale via the Platform.

2.1 Registration and User Account

Active use of the Platform as a seller or buyer requires successful registration. The Platform is exclusively aimed at entrepreneurs within the meaning of § 14 BGB. By registering, the user bindingly confirms to act in the exercise of their commercial or independent professional activity. Cultioo reserves the right to request proof of entrepreneur status (e.g., by providing a VAT ID number or presenting a business license).

The user is obligated to provide all data requested during registration completely and truthfully and to update it immediately in case of changes. The user account is not transferable. The user is solely responsible for keeping their access data (password) confidential and must protect it from access by unauthorized third parties. In case of suspected misuse of access data, Cultioo must be informed immediately.

The databases and server files necessary for operating the website are hosted by the external service provider Strato SE.

2.2 Subject Matter

Cultioo provides the technical infrastructure of the Platform to facilitate and broker purchase contracts between sellers and buyers. The functionalities include, among others:

1. Posting and presenting products by sellers.
2. A search and filter function for buyers.
3. A communication system for contact between buyers and sellers.
4. A rating system that allows buyers to rate the seller after a completed purchase.

Cultioo does not become a contracting party to purchase contracts concluded between users and assumes no responsibility for their initiation, conclusion, execution, or reversal.

2.3 Platform Availability

Cultioo strives for the highest possible availability of the Platform (24 hours, 7 days a week). However, uninterrupted accessibility cannot be guaranteed. In particular, necessary maintenance work, security updates, or events beyond Cultioo's control (e.g., disruptions in telecommunications networks, power outages, attacks on infrastructure) may lead to temporary restrictions or interruptions. Liability for damages resulting from unavailability is excluded unless intent or gross negligence on Cultioo's part exists.

3.1 Product Listings and Legal Requirements

The seller is solely and fully responsible for the product listings and content (texts, images, specifications) they post. The seller must ensure that:

1. Information is accurate and complete: All product descriptions, price details, quantities, ingredients, allergens, and availability indicators must be truthful and kept up to date.
2. Legal information obligations are fulfilled: Especially for food products, all labeling requirements according to the Food Information Regulation (LMIV) and other relevant laws (e.g., Price Indication Regulation) must be met. This also includes information on the minimum shelf life date (MHD).
3. Prices are transparent: The stated prices must be clearly recognizable as net prices (plus statutory VAT). Any shipping costs must be listed separately and clearly.
4. No third-party rights are infringed: The content used (brand names, logos, images, texts) must not infringe any copyrights, trademarks, personal rights, or other third-party rights. The seller guarantees that they possess all necessary licenses and rights.
5. No illegal products are offered: Offering products whose sale is prohibited by law is strictly forbidden.

3.2 Conclusion of Contract with the Buyer

Listing a product on the platform constitutes a non-binding invitation to submit an offer (invitatio ad offerendum). The buyer's order via the designated process on the platform constitutes a legally binding offer to conclude a purchase contract. The purchase contract is concluded when the seller accepts this offer. Acceptance can be made by explicit confirmation (e.g., by email or via the platform system) or implicitly by shipping the goods to the buyer.

3.3 Tax Obligations

The seller is solely responsible for the proper calculation, disclosure, payment, and declaration of VAT and all other applicable taxes and duties in connection with their sales.

3.4 Obligations After the Sale

After a purchase contract has been concluded, the seller is responsible for the entire processing. This includes in particular:

1. Invoicing: Issuing a proper invoice to the buyer that meets all legal requirements.
2. Shipping: Prompt and careful shipping of the ordered goods to the delivery address provided by the buyer.
3. Warranty: Fulfillment of statutory warranty obligations for defects in the purchased goods.
4. Customer service and returns: Professional handling of customer inquiries, complaints, and processing of any returns in accordance with legal requirements and the seller's own terms and conditions.

4.1 Ordering Process and Payment Obligation

The buyer is obliged to provide all information required for the order (especially delivery and billing address) completely and correctly. By completing the order, the buyer enters into a binding payment obligation for the purchase price of the product plus the specified shipping costs. Payment must be made using the payment methods offered on the platform.

4.2 Inspection of Goods

As a merchant within the meaning of the German Commercial Code (HGB), the buyer is required to inspect the goods immediately upon receipt for defects and completeness and to report any complaints directly to the seller without undue delay.

4.3 Exclusion of Consumer Rights

Since the Cultioo.com platform is aimed exclusively at entrepreneurs (B2B), users confirm with their registration and with each purchase that they are acting as entrepreneurs. The statutory consumer protection provisions, in particular the statutory right of withdrawal for distance contracts, do not apply to purchase contracts concluded via the platform.

5.1 Commission Calculation

For each successfully brokered sale via the platform, Cultioo receives a commission from the seller amounting to 6.5% of the net sales price of the product. Shipping costs are included in the commission calculation basis.

5.2 Payment Processing via Stripe

All payment processing between buyer and seller is handled in escrow via the external, certified payment service provider Stripe Payments Europe, Ltd. (hereinafter "Stripe"). The buyer pays the total amount (goods value including shipping costs and VAT) to Stripe. Stripe withholds the commission for Cultioo (including Stripe's transaction fees) and pays the remaining amount to the seller. Use of the payment functions on the platform requires acceptance of Stripe's terms of use, which can be viewed during the payment process.

5.3 Refunds, Cancellations, and Chargebacks

Refunds and cancellations are matters to be resolved exclusively between seller and buyer in accordance with their contractual agreement and legal requirements.

No commission refund: The commission paid to Cultioo will not be refunded in the event of a refund or cancellation. Cultioo's brokerage service is considered fully rendered upon conclusion of the original purchase contract.

Chargebacks: If a buyer initiates a chargeback, the resulting costs and fees will be charged to the seller.

6.1 Liability of Cultioo

Cultioo is not liable for the fulfillment or defect-free nature of contracts concluded between sellers and buyers. Any claims in connection with purchased products (e.g., defects, product liability, incorrect labeling) are to be directed exclusively against the respective seller.

Cultioo is liable for damages arising from the use of the platform—regardless of the legal basis—only in cases of intent and gross negligence. In cases of simple negligence, Cultioo is only liable for damages resulting from injury to life, body, or health, as well as for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely). In the event of a breach of an essential contractual obligation, liability is limited to the typical, foreseeable damage.

6.2 Liability of Users

Users are liable for all actions they take on the platform and for compliance with these terms and all applicable laws.

6.3 Indemnification

The seller indemnifies Cultioo against all claims by third parties (including reasonable legal defense costs) asserted against Cultioo due to a culpable infringement of their rights by the content posted by the seller or due to their sales activities on the platform.

7.1 Term and Termination

The user agreement is concluded for an indefinite period. The user may terminate their account at any time without giving reasons by making a corresponding declaration or using the function provided on the platform. Cultioo may ordinarily terminate the user agreement with four weeks' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected.

7.2 Suspension and Extraordinary Termination

Cultioo is entitled to temporarily suspend a user account or terminate the user agreement without notice for good cause. Good cause exists in particular in the case of:

1. Serious or repeated violations of these terms and conditions.
2. Providing false registration data.
3. Suspicion of fraudulent activities or other criminal acts.
4. Publication of illegal, discriminatory, or offensive content.
5. Negative impact on the security and integrity of the platform.

Detailed information on the collection, processing, and use of personal data in the context of platform use can be found in our separate privacy policy, which forms an integral part of the user agreement.

9.1 Amendment of Terms and Conditions

Cultioo reserves the right to amend these terms and conditions at any time. Users will be informed of significant changes at least four weeks before they take effect by email or by a clear notice on the platform. The changes are deemed approved if the user does not object in writing within this period. Cultioo will specifically point out this consequence in the change notification. In the event of an objection, Cultioo reserves the right to terminate the user agreement.

9.2 Applicable Law

The legal relationship between Cultioo and users as well as between users themselves is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.3 Place of Jurisdiction

If the user is a merchant within the meaning of the German Commercial Code, 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 user agreement is the registered office of Cultioo.

9.4 Severability Clause

Should individual provisions of these terms and conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision. The same applies in the event of a loophole.