Terms of Use

§1 Scope of application

Glowstaff GmbH, Im Mediapark 5, 50670 Cologne (hereinafter “Glowstaff”), operates an online platform for the placement of freelance freelancers, in particular models, trade fair hostesses, promoters and similar talents (hereinafter “Platform”) via the website https://www.glowstaff.de (hereinafter “Website”).

These Terms of Use govern the use of the Platform by registered users. They form a legally binding agreement between the user and Glowstaff. By registering or using the Platform, the user agrees to these Terms of Use.

Legal entities and natural persons who are business clients looking for freelancers (e.g. models, promoters) may not create a user account. The separate General Terms and Conditions of Glowstaff, which can be viewed on the website, apply to business customers.

§2 Registration and access

2.1 Glowstaff books or places self-employed freelancers, including models, trade fair hostesses, promoters, grid girls and other related artists (hereinafter referred to as “Users”). These users register via the platform and, if successfully accepted, receive a personal profile that they can manage independently. For each registered user, the accepted terms of use and data protection agreement apply and, in the case of an order booking, a framework agreement for order confirmation is also concluded, which is listed here.

2.2 Only persons who have reached the age of 18 are authorized to register.

2.3 Registration and profile use is free of charge. The registration process takes place via an online form on the website. By submitting the form by clicking on the application button, the user makes a binding offer to be included in the Glowstaff database. However, registration alone does not constitute a guarantee of inclusion in the database resulting in the use of a profile.

2.4 Glowstaff reserves the right to reject registration requests without giving reasons. Users whose registration has been rejected will receive a notification. If a registration is rejected, the data entered in the application process will be automatically deleted. Rejected users will not have access to a profile or other services on the platform.

2.5 Users who are successfully accepted automatically receive a personal profile in which the data they provided during the registration process is stored and managed in accordance with the accepted terms of use and data protection provisions. They can update or add to this data themselves. Registered users whose profile has been activated and whose data is managed on the platform by Glowstaff have no claim to or guarantee of placement or booking by Glowstaff.

§3 Obligations of the user

3.1 The user undertakes to provide only truthful and complete information while using the Glowstaff platform. This applies in particular to all data that he/she enters in his/her profile. Changes such as relocation, a new telephone number or updated professional qualifications must be corrected immediately in the profile.

3.2 The use of the Platform is exclusively intended for the User to receive orders within the scope of the projects arranged by Glowstaff. Any use of the Platform or the information available there for other purposes is not permitted unless Glowstaff has expressly authorized such use in writing in advance. Impermissible purposes include, but are not limited to, self-promotion for services not agreed with Glowstaff or contacting other users or business partners of Glowstaff for one’s own commercial purposes.

3.3 Information that the user receives in the context of projects or through the platform, in particular contact details of companies or clients, may only be used in connection with the project arranged by Glowstaff. It is prohibited to use this data for one’s own commercial purposes, such as for direct contact to advertise one’s own services.

3.4 The user is obliged to keep his access data to the platform (e.g. user name and password) safe and not to make them accessible to third parties. Should the user become aware of any unauthorized use of his account or loss of his access data, Glowstaff must be informed immediately.

3.5 The User undertakes to maintain the functionality of the Platform by refraining from actions that may impair the functionality of the Platform. This includes in particular the use of malware or automated scripts, the overloading of the Platform through repeated automated requests, or any other actions aimed at disrupting the operation of the Platform.

3.6 The user is obliged to comply with applicable laws by using the platform exclusively within the framework of the applicable laws and these Terms of Use. Any use that violates statutory provisions or the rights of third parties (e.g. copyrights, personal rights) is prohibited and, in serious cases, may result in legal consequences or claims for damages.

3.7 Violations of the obligations listed in §3 can lead to the immediate blocking or deletion of the user profile. In addition, Glowstaff reserves the right to take legal action in cases of violations, including the assertion of claims for damages.

3.8 If the User behaves in a manner that causes economic damage to Glowstaff or its business partners, the User shall be liable for all direct or indirect damages arising therefrom. This includes in particular, but is not limited to: loss of business opportunities or income resulting from the unauthorized offering of own services to Glowstaff’s business partners; expenses incurred in the pursuit of and defense against such violations (e.g. legal fees). Glowstaff reserves the right to claim lost profits in such cases, insofar as these can be proven.

§4 Cookies

4.1 Our website uses cookies to improve the user-friendliness, to optimize the presentation and to better adapt the use of our services to the interests of the users. Cookies enable us to store information about your preferred activities on the website and to offer you a personalized web experience.

4.2 What are cookies?
A cookie is a small text file that is stored on your device by your web browser when you visit our website. Cookies usually contain the following information

• The name of the domain from which the cookie originates,
• the age of the cookie, and
• an alphanumeric identifier (“cookie ID”).

The cookies we use help us to recognize your device on your next visit, to automatically load your default settings and to improve the speed of processing your requests.

4.3 Types of cookies:
We use both temporary cookies (so-called “session cookies”), which are deleted after you close your browser, and persistent cookies (“long-term cookies”), which remain stored on your end device until they are deleted manually or expire automatically. Persistent cookies enable us to improve your access to the website on future visits.

4.4 Data protection and anonymity:
Cookies only store pseudonymized data. The cookie ID is not linked to personal data such as your name, IP address or similar information. Processing is carried out in accordance with the applicable data protection regulations.

4.5 Deactivation of cookies:
You can deactivate or restrict the use of cookies in the settings of your web browser. Information on deactivation can be found in the help function of your browser or on the website of your browser provider. Please note, however, that certain functions of our website may be restricted if you deactivate cookies.

4.6 Consent to cookies:
When you visit our website for the first time, you will be given the opportunity to consent to the use of cookies. You can change your cookie settings at any time via the cookie settings on the website. Without your consent, only technically necessary cookies will be used.

§5 Changing/deleting/blocking the profile

5.1 Deletion by the user: The user can delete his profile at any time and without giving reasons independently via the help section within his profile. Upon deletion, all data uploaded or provided by the user will be permanently removed from the platform, unless they are subject to statutory retention obligations. Alternatively, the user can also send an email to jobs@glowstaff.de if they require assistance in deleting their profile. Glowstaff will process this request immediately.

5.2. Deletion or Suspension by Glowstaff: Glowstaff reserves the right to delete the user profile or remove specific content from the profile at any time, particularly in cases where:

• the user violates these terms of use or applicable laws,
• the user provides false or incomplete information,
• the user causes economic harm to Glowstaff or its business partners through their behavior, or
• the profile has been inactive for a period of six months, or the user does not respond to contact attempts.

In cases of severe violations, such as circumventing the placement process or misusing the platform, Glowstaff may permanently suspend the user profile and also claim damages.

§6 Image Rights

6.1. Granting of Usage Rights:
The user grants Glowstaff a temporally and geographically unlimited, non-exclusive, royalty-free, and transferable right to use image and video materials (hereinafter referred to as “content”) uploaded or submitted by the user (via email, WhatsApp, SMS, social media, or other methods). This right includes, in particular, displaying the content on the platform and in associated user profiles; using the content for marketing and presentation purposes of Glowstaff, including publication on the website, social media, and other advertising media; and sharing the content with potential clients as part of project proposals.

6.2. Purpose Limitation and Protection:
Glowstaff undertakes to use the content uploaded by the user exclusively for the purposes mentioned above. Use for other purposes not directly related to the placement or marketing of Glowstaff is not intended.
If a user does not wish their content, particularly photos or videos, to be used for public display (e.g., on the website or social media), they can inform Glowstaff at any time. A short written notice via email to jobs@glowstaff.de is sufficient. Glowstaff will then refrain from using such content for these purposes without requiring the user to delete their profile. We place great value on open communication and are naturally happy to accommodate such requests.

6.3. Legality of Content

6.3.1. Assurance by the User:
The user assures that the content they upload or submit is free of third-party rights (e.g., copyrights, trademarks, or personal rights), does not contain illegal, offensive, or otherwise unlawful material, and has been created by the user or that the user holds the corresponding rights or licenses permitting Glowstaff’s usage.

6.3.2. Indemnification:
If Glowstaff is held liable in connection with the user-provided content for copyright violations, protection rights violations, violations of general personal rights, or other legal breaches, the user shall indemnify Glowstaff against all claims resulting therefrom. This indemnification also includes the assumption of all costs associated with defending such claims (e.g., legal and court fees), as well as any compensation payments Glowstaff may be required to make.

6.3.3. Changes in Rights or Licenses:
The user is obligated to inform Glowstaff in writing without delay if the rights or licenses to the provided content change. The user must ensure that Glowstaff is informed so that the use of the affected content can be adjusted or discontinued as necessary.

6.3.4. Notification Obligation and Exoneration of Glowstaff:
If the user does not promptly inform Glowstaff of changes in the rights or licenses of the content, Glowstaff shall be exonerated from liability under the law, provided Glowstaff had no knowledge of the altered circumstances. In such cases, the user assumes sole responsibility.

6.3.5. Cooperation Obligation:
Glowstaff undertakes to promptly inform the user of claims made by third parties and to provide the user with an opportunity to respond. The user is required to actively support Glowstaff in defending such claims, particularly by providing relevant evidence or documentation.

6.4. Editing and Adaptation of Content:
Glowstaff is entitled to edit, crop, scale, or otherwise adapt the content for the purposes mentioned above, provided that the original intent or quality of the content is not substantially altered.

6.5. Revocation of Usage Rights:
The user may revoke the granted usage rights at any time with future effect. The revocation must be submitted in writing via email to jobs@glowstaff.de. Upon receipt of the revocation, Glowstaff will remove the respective content from the platform and all media controlled by Glowstaff within a reasonable timeframe. Content already shared with third parties may not be retrievable.

6.6. Data Retention and Archiving:
Upon profile deletion or revocation of usage rights, Glowstaff reserves the right to retain anonymized versions of the content exclusively for documentation purposes or to safeguard legitimate interests (e.g., proof of lawful use).

Furthermore, Glowstaff is entitled to retain and continue using image and video materials created during assignments or projects indefinitely, provided that:

• the material primarily represents the assignment, project, or Glowstaff’s activity rather than focusing on the deleted user’s individual identity,
• the material was already published prior to the profile deletion (e.g., in references on the website, blog posts, social media posts, or LinkedIn), or
• the publication is part of marketing efforts for similar future projects or reference displays (e.g., promoting an annual event with archive images).

This right specifically includes deployment photos where the deleted user appears as part of a larger project or team without their individual representation being the primary focus. Full deletion of such content is not feasible as it forms an integral part of the documentation and marketing of the project.

§7 Data Protection

7.1. Declaration of Consent for the Processing of Personal Data:
The user agrees to the processing of their personal data by Glowstaff. Glowstaff processes the data exclusively within the framework of applicable data protection laws, in particular the General Data Protection Regulation (GDPR). Glowstaff will provide the user, upon request, with information about the data stored about their person or username in text form, such as by letter, fax, or email.

7.2. Purpose of Use and Disclosure to Third Parties:
The personal data of the user is used exclusively to manage and maintain the user profile, to facilitate assignments and projects, to ensure communication within the framework of placement and contract processing, and, in individual cases, for marketing and reference purposes. Glowstaff only discloses personal data to third parties if it is necessary for the execution of placements or projects (e.g., to clients) or if the user has explicitly consented to it. Disclosure to unrelated third parties or for other purposes does not occur.

7.3. User Rights:
The user has the right to request information about the personal data stored by Glowstaff at any time. In addition, they may request the correction of incorrect data, the deletion of their data, the restriction of its processing, as well as the transfer of their data in a machine-readable format. Furthermore, the user has the right to object to the processing of their data that is based on legitimate interests. The notification regarding desired restrictions in the processing of personal data must be made in writing by the user to Glowstaff to avoid misunderstandings and ensure that the objection can be traced in case of conflicts.

7.4. Storage and Deletion:
Upon termination of use and deletion of the profile, the data will be deleted in accordance with legal requirements. Personal data is only stored as long as it is required for the aforementioned purposes or if legal retention obligations exist.

7.5. Security Measures and Disclaimer for External Networks:
Glowstaff implements technical and organizational measures to ensure the security of personal data. This includes, among other things, the encryption of data transmissions and the protection of the platform from unauthorized access. However, Glowstaff expressly points out that data protection for data transmissions in open networks, such as the internet, cannot be comprehensively guaranteed according to the current state of technology. Glowstaff further notes that during data transmission over the internet (e.g., in communication via email), security gaps may exist. A seamless protection of data from access by third parties is not possible with the current state of technology.

 

8.1. Liability of Glowstaff:
Glowstaff is liable pursuant to § 276 BGB for damages caused intentionally or through gross negligence by Glowstaff, its legal representatives, or agents. For slight negligence, Glowstaff is only liable for the breach of essential contractual obligations (so-called cardinal obligations). In such cases, liability is limited to the foreseeable damage that typically occurs.

8.2. Exclusions and Limitations of Liability:
Glowstaff is not liable for damages caused by improper use of the platform, incorrect or incomplete information provided by the user, or the behavior of third parties. Liability for indirect damages, such as lost profits or other financial losses, is also excluded unless these result from intentional or grossly negligent behavior by Glowstaff. Glowstaff assumes no responsibility for the accuracy, completeness, or legality of the content provided by the user. The user is solely responsible for the content they upload and ensures that it does not infringe the rights of third parties.

8.3. Liability in Case of Force Majeure:
Glowstaff assumes no liability for delays or failures in the provision of services caused by force majeure, such as natural disasters, pandemics, governmental actions, technical malfunctions outside Glowstaff’s control, or other unforeseeable events.

8.4. Liability of the User:
The user is liable for all damages caused to Glowstaff through culpable violations of the terms of use or unlawful behavior. This also includes the assumption of all costs arising from defending third-party claims, including reasonable attorney and court fees.

§9 Jurisdiction, Final Provisions, Severability Clause

9.1. Jurisdiction:
This agreement is governed by German law. If the user is not a consumer within the meaning of § 13 BGB, the exclusive place of jurisdiction is Glowstaff’s registered office in Cologne.

9.2. Amendments to the Terms of Use:
Glowstaff reserves the right to amend these terms of use at any time and to make them publicly available. The user accepts the amendments by registering or actively using the platform.

9.3. Severability Clause:
If any provision of these terms of use is invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the invalid provision. The same applies to any omissions.