Privacy policy

General information regarding shop / obligations to provide information under Art. 13 GDPR

Only the German text of the contract is binding! The English translation is for information purposes only.

We take data protection seriously

Protecting your privacy while processing your personal data is of the utmost importance to us. When you visit our website, our web servers automatically save the IP of your internet service provider, the website from which you visited us, the websites you visit from our page, and the date and duration of the visit. This information is essential to the technical transmission of the web pages and the secure operation of our servers. Personalised data analysis does not take place.

If you send us data via contact form, this data is saved on our servers as part of the data backup process. Your data is used solely to process your enquiry. Your data is treated with the strictest confidentiality. This data is not shared with third parties.

Controller:

Velivery GmbH & Co. KG

Formerly AVE - Absolute Vegan Empire GmbH & Co. KG

Ernst-Hanauer-Straße 5

92507 Nabburg

Tel.: 09433 - 20 41 3-0

Email: info@velivery.com

Personal data

Personal data is data relating to your person. This includes your name, your address and your email address. You do not have to reveal personal data to visit our website. In some cases we need your name and address as well as some other information to provide you with the service required.

The same applies where you have requested that we send you information materials or when it comes to answering your enquiries. In these circumstances we will always alert you to this. Furthermore, we only save the data transmitted to us automatically or voluntarily by you. If you use any of our services, we will generally only collect the data required to enable us to offer our service. We may ask you for additional information, but this will be on a voluntary basis. Wherever we process personal data, we do so to allow us to offer you our service or in pursuit of our commercial objectives.

Automatically saved data

Server log files

The provider of the pages automatically collects and stores information in server log files which your browser sends to us automatically. This information includes:

Date and time of request
Name of file requested
Page from which the file was requested
Access status (file transferred, file not found, etc.)
Web browser and operating system used
Full IP address of the computer from which the request was sent
The volume of data transferred

This data is not merged with other sources of data. The data is processed in accordance with Art. 6(1) f) of the GDPR based on our legitimate interest in improving the stability and functionality of our website.

This data will be saved by us on a short-term basis on the grounds of technical security, specifically to defend against attempted attacks on our web server. This data cannot be used to infer the identity of individual persons. This data will be anonymised within seven days by shortening the IP address on domain level so it can no longer be linked with the individual user. Data is also processed in anonymised form for statistical purposes. Said data will not be compared with other data sets or shared with third parties – that includes excerpts thereof. Page visit statistics are illustrated solely as part of our server statistics, which we publish every two years in our progress report.

Cookies

If you visit our internet pages, we may save information to your computer in the form of cookies. Cookies are small text files that are sent to your browser by an internet server and stored on its hard drive. Only the internet protocol address is saved here – no personal data. The information saved in these cookies makes it possible to automatically recognise you on your next visit to our website, making it easier for you to use our site. Our legitimate interest as defined under Art. 6(1) f) GDPR serves as legal grounds for the use of cookies.

Of course you can also visit our web pages without accepting cookies. If you do not want your computer to be recognised the next time you visit our site, you can also reject the use of cookies by changing the settings in your browser to “Reject cookies”. To find out how to do so, see the guide for using your respective browser. However, if you do choose to reject the use of cookies, this may result in restrictions in using some areas of our web pages.

Google Tag Manager

This website uses Google Tag Manager. Tag Manager does not register any personal data. The tool activates other tags which may potentially collect data. Google Tag Manager does not access this data. If you have disabled cookies on domain or cookie level, this will also apply to the tracking tags implemented with Google Tag Manager. You can find Google’s privacy information in relation to this tool here:
https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/

Google Analytics 4

On our website we use Google Analytics 4, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, (hereinafter referred to as: “Google”). This involves the creation of pseudonymised usage profiles and the use of cookies.

The information generated by the cookie relating to your use of our website (e.g. IP address of the accessing computer, time of access, referrer URL as well as information on the browser and operating system used) is normally transmitted to Google servers in the USA and processed there.

Google Analytics is used in connection with your consent under Art. 6(1) sentence 1 a) GDPR in conjunction with Section 25(1) of the German Telecommunications and Telemedia Data Protection Act (TDDDG) to the analysis and optimisation of our web presence and the commercial operation of this website.

If you do not give us your consent, Google Analytics uses the so-called basic mode, in which no personal data is processed.

Google processes the information on our behalf to evaluate how the website is used, to compile reports on website activity and to provide us with other services relating to website activity and internet usage for the purposes of market research and ensuring that this website is user friendly.

We have concluded a data processing agreement for the use of Google Analytics with Google. In this contract Google warrants that it processes data in accordance with the General Data Protection Regulation and safeguards the rights of the data subject.

The IP address processed by Google Analytics is automatically shortened. This involves the last three digits of your IP address being replaced with a “0”, preventing it from being attributed to you.

The data collected may be transmitted to third parties where this is prescribed by law or where third parties process the data as processors. User data collected via cookies is deleted automatically after 14 months.

Please note: the information generated by the cookies relating to your use of our website (e.g. IP address of the accessing computer, time of access, referrer URL as well as information on the browser and operating system used) is normally transmitted to Google servers in the USA and processed there. For the transmission of data to recipients based in the USA, Google invokes the Transatlantic Data Privacy Framework of 10 July 2023 (TADPF) as a means of guaranteeing a level of privacy comparable with that of the EU and, where data is transmitted to other third countries, the standard contractual clauses approved by the EU Commission. You can obtain a copy of the standard contractual clauses here: https://policies.google.com/privacy/frameworks?hl=en We only transmit data to Google based on your consent.

If you consent to your data being processed by Google, then at the same time you consent to your data being transmitted to the USA as defined under Art. 49(1) a) GDPR.

You can revoke or adjust your consent at any time with future effect. You can find more about data protection in connection with Google Analytics in the Google Analytics support section:

https://support.google.com/analytics/answer/6004245

For information on how Google uses data, see its privacy statement:

https://policies.google.com/privacy?hl=en

Google Doubleclick

Doubleclick by Google is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Doubleclick by Google uses cookies to show you relevant adverts. Your browser is assigned a pseudonymous identification number (ID) to check which adverts have been shown in your browser and which adverts you have clicked. These cookies do not contain any personal information. Using DoubleClick cookies merely enables Google and its partner websites to advertise based on prior visits to our website or other sites on the internet. The information generated by the cookies is transmitted to a server in the USA and stored there by Google for analysis. For the transmission of data to recipients based in the USA, Google invokes the Transatlantic Data Privacy Framework of 10 July 2023 (TADPF) as a means of guaranteeing a level of privacy comparable with that of the EU and, where data is transmitted to other third countries, the standard contractual clauses approved by the EU Commission. Google will only transmit data to third parties on the basis of statutory regulations or within the framework of contract data processing. Under no circumstances will Google merge your data with other data collected by Google.

By using our web pages, you consent to Google processing data collected in relation to you in the manner and for the purposes set out above. You can prevent cookies from being saved by adjusting the settings of your browser software accordingly. However, we would like to point out that, if you should choose to do so, you might not be able to use all of the features of our web pages. You can also prevent Google from collecting or processing the data generated by the cookies concerning your use of the web pages by downloading and installing the browser plugin available on the following link under the item DoubleClick deactivation add-on. Or, alternatively, you can disable Doubleclick cookies with this opt out.

Doubleclick Ad Exchange

Where Doubleclick Ad Exchange, a web advertising service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) posts adverts on this website (text adverts, banners, etc.), your browser may save a cookie sent by Google or a third party. Google or a third party may log, collect and analyse the information saved in the cookie. Doubleclick Ad Exchange also uses “web beacons” (small invisible images) to collect information – these can be used to log, collect and analyse simple actions, i.e. visitor traffic on the website. The information generated by the cookie and/or web beacon about your use of this website is sent to a Google server in the USA and stored there. Google uses the information obtained in this process to analyse your user behaviour in respect of Doubleclick Ad Exchange adverts. Additionally, Google may also transmit this information to third parties where this is prescribed by law or where third parties process this data on behalf of Google. Where IP addresses are transmitted and stored in connection with this, this is only to prevent and filter spam/fraud (advert impression spam and click spam). Access to this data is strictly reserved to the anti-abuse team. Google will not link this IP address with other stored data. You can prevent cookies from being saved to your hard drive and stop web beacons from being displayed. To do so you must select “Refuse all cookies” in your browser settings. You can find out more here:
http://www.google.com/policies/technologies/ads/

Google Googleadservices/Google AdWords conversion tracking

This website uses tools for online marketing provided by the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. These identify when a visitor has been led to our website via a Google advert. Google uses cookies; these are saved on your computer and enable your use of the website to be analysed. Conversion tracking cookies are set if you click on an advert posted by Google. These cookies expire after 30 days and cannot be used to identify you personally. If you want to prevent conversion tracking, you can adjust the settings in your browser to block cookies from the domain “www.googleadservices.com”. You can also exercise your right to opt out.

If you would like to learn more about these methods or find out which options you have for ensuring Google cannot use this information, click here:
https://www.google.com/settings/u/0/ads/authenticated

GA Audience

Our website uses GA Audience, a service provided by the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: GA Audience). Some of the cookies used by GA Audience are saved on your computer and other mobile devices (e.g. smartphones, tablets, etc.) and enable an analysis of how the relevant devices are used. In some cases data is analysed across devices. Here, Google Audience obtains access to cookies generated as part of the use of Google Adwords and Google Analytics. The use of these may result in data such as users’ IP addresses and activities being sent to and stored on a Google server. Google may transmit this information to third parties where prescribed by law or where this data is processed by third parties. You can prevent your personal data (specifically your IP address) from being collected, shared or processed by disabling the running of JavaScript in your browser or installing a tool like NoScript. Additionally, you can prevent Google from collecting or processing the data generated by the Google cookie concerning your use of the website (including your IP address) by downloading and installing the browser plugin using the following link (https://tools.google.com/dlpage/gaoptout?hl=en). You can find out more about privacy in connection with the use of GA Audience on the following link
https://support.google.com/analytics/answer/2700409?hl=en&ref_topic=2611283

Google web fonts

We use Google web fonts to improve the visual representation of various information on our web presence. We have embedded these locally on our server, so no data is transmitted to Google.

Matomo (formerly PIWIK) (web analysis service)

On our website we use the web analysis service Matomo to analyse use of our website. We run Matomo on our own servers. If you give us permission via the cookie banner/consent management, we will store a recognition cookie on your computer, the legal basis for this being your consent as defined under Art. 6(1) a) GDPR, in conjunction with Section 25(1) TDDDG, which allows us to carry out a more detailed analysis.

If you do not grant us consent to use cookies via the cookie banner, no Matomo cookies will be set, and we will only analyse your anonymised IP address. In such cases, our legitimate interest as defined in Art. 6(1) f) GDPR serves as the legal basis.

Customer account

We set up password-protected direct access to existing data saved by us (customer account) for all customers who have registered. Here you can view data relating to your concluded, pending and recently submitted orders and manage your address information, bank details and newsletter subscription. You can also voluntarily provide your date of birth when creating your customer account. In this case we will send you a birthday message via email on your birthday. You undertake to keep your personal log-in details confidential and prevent unauthorised third parties from gaining access to these. We cannot accept any liability for password misuse unless we are responsible for said misuse.

The “stay logged in” option is intended to make your visit to our web pages as convenient as possible. This option enables you to use our services without having to log in again every time. On the grounds of security however you will be asked to submit your password if, for example, your personal details are to be changed or you would like to place an order. We recommend not using this option if the computer is used by several people. Please note that the “stay logged in” option is not available if your settings are configured to delete cookies automatically after every session.

Order and shipping process

For your order we require your correct name, address, contact and payment details. We need your email address so we can confirm receipt of your order and contact you. We will also use these to identify you (customer login). You will also receive your order and shipping confirmation via your email address. Contract fulfilment as defined under Art. 6(1)(1b) of the GDPR serves as the legal basis for this processing.

Likewise, on this legal basis, we pass your data on to the shipping provider hired for delivery insofar as this is necessary and/or practical for the delivery or the announcement of the delivery of the goods ordered.

Product recommendations via email/service emails

As a customer of b2b.velivery.com, you will regularly receive product recommendations from us via email. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter. Our intention in doing so is to inform you of products from our range that may interest you based on your recent purchases with us. We also alert you to any order processes that have not yet been completed. In all of these processes we act in strict accordance with the statutory provisions of Section 7(3) of the German Act against Unfair Competition (UWG).

Insofar as you would not like to receive any product recommendations or promotional messages at all from us, you can object to this at any time without incurring any costs for this other than the basic rate transmission costs. A notification in text form sent to the contact details specified in Section 1 (e.g. email, fax, letter) will suffice for this. You will of course also find an unsubscribe link in every email.

Competitions, market and opinion research

In competitions, we use your data for the purposes of notifying winners and advertising our products. You can find detailed information in our terms of participation for the respective competition.

Payment services

We integrate payment services provided by third-party companies on our website. When you transact a purchase with us, your payment data (e.g. name, payment total, account details, credit card number) is processed by the payment service provider for the purposes of transacting the payment. The respective contractual and privacy terms of the respective provider apply to these transactions. Payment service providers are used on the basis of Art. 6(1) b) GDPR (contract processing) and in the interests of making our payment process as smooth, convenient and secure as possible (Art. 6(1) f) GDPR). Where your consent is requested for certain actions, Art. 6(1) a) GDPR serves as the legal basis for data processing; consent is revocable with future effect at any time.

We use the following payment services/payment service providers on this website:

Adyen

Adyen (Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, Niederlande), for processing the payment method Paypal. Details on how Adyen processes your data can be found under the following link:

https://www.adyen.com/policies-and-disclaimer/privacy-policy

Security

We have implemented technical and administrative security measures to protect your personal data against loss, destruction, manipulation and unauthorised access. All of our employees and service providers engaged by us are bound by the applicable privacy legislation.

Whenever we collect and process personal data, this is encrypted before it is transmitted. That means that your data cannot be misused by third parties. Our security measures undergo continuous improvement, and our privacy policies are subject to ongoing review. Please ensure that you have access to the most up-to-date version.

Rights of the data subject

You have a right to access, correct, delete or restrict the processing of your stored data, a right to object to the processing as well as a right to data portability and to lodge a complaint in accordance with the requirements of data protection law at any time.

Right to information

You can request information from us as to whether and to what extent we process your data.

Right to rectification

If we process any data of yours which is incomplete or incorrect, you can request that we correct and/or complete this data at any time.

Right to erasure

You can request that we delete your data insofar as we are processing or have processed this unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent immediate deletion, e.g. in the case of legally regulated retention obligations.

Regardless of the exercise of your right to deletion, we will delete your data immediately and completely, unless there is a legal or statutory obligation to retain it.

Right to restriction of processing

You can request that we restrict the processing of your data if

- you dispute the accuracy of the data and for a period of time that allows us to verify the accuracy of the data;

- the processing of the data is unlawful, but you refuse to delete it and instead request a restriction on the use of the data;

- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims; or

- you have objected to the processing of the data.

Right to data portability

You may request that we provide you with the data you have provided to us in a structured, common and machine-readable format and that you can transmit this data to another controller without hindrance from us, provided that

- we process this data on the basis of revocable consent granted by you or for the performance of a contract between us; and

- this processing is carried out using automated procedures.

Where technically feasible, you can request that we transfer your data directly to another controller.

Right to object

If we process your data based on a legitimate interest, you may object to this data processing at any time; this would also apply to any profiling based on these provisions. We will no longer process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims. You are entitled to object to the processing of your data for the purpose of direct advertising at any time without providing any reason.

Right to lodge a complaint

If you are of the opinion that we have violated German or European data protection legislation in the processing of your data, we ask that you contact us to clarify any issues. You are of course also entitled to refer to your local regulatory authorities, i.e. the respective regional data protection supervisory authority.

If you would like to exercise any of the rights mentioned with respect to us, please refer to our data protection officer. In the case of any doubt we may ask for additional information to confirm your identity.

Amendments to this privacy policy

We reserve the right to change our privacy policy where this is deemed necessary as a result any new technologies. Please ensure that you have access to the most up-to-date version. If material changes are made to this privacy policy, we will announce this on our website.

In the event of any questions, any prospective customers or visitors to our website should contact:

Herrn Christian Volkmer

Projekt 29 GmbH & Co. KG

Ostengasse 14

93047 Regensburg

Tel.: 0941 2986930

Fax: 0941 29869316

Email: anfragen@projekt29.de

Internet: www.projekt29.de

Information obligations under Art. 13 GDPR

Protecting your personal data is important to us. As such, we process your personal data (referred to simply as “Data” in the following) exclusively as provided for by law. This privacy policy is intended to provide you with extensive information about how your Data is processed in our company and the entitlements and rights you have under data protection law within the meaning of Art. 13 of the European General Data Protection Regulation (EU GDPR).

1. Who is responsible for processing the Data and who can you contact?

The data controller is

Velivery GmbH & Co. KG

Formerly AVE - Absolute Vegan Empire GmbH & Co. KG

Ernst-Hanauer-Straße 5

92507 Nabburg

Tel.: 09433 - 20 41 3-0 [Mo. bis Fr. 08:00 Uhr - 16:00 Uhr]

Fax: 09433 - 20 41 3-129

Email: info@velivery.com

Our in-house data protection officer is

Christian Volkmer

Projekt 29 GmbH & Co. KG

Ostengasse 14

93047 Regensburg

Email: anfragen@projekt29.de

Tel.: 0941-2986930

2. What Data do we process and where does this Data come from?

We process Data we have received from you in the course of initiating or transacting contracts, based on consent or in the course of your application for a job with us or your employment relationship with us.

Personal Data includes:

Your master/contact data, for customers for this includes, for example, first name and second name, address, contact details (email address, phone number, fax), bank details, date of birth.

Additionally, we process the following other personal Data too:

- Information about the type and content of contract data, order data, sales and receipt data, customer and supplier history as well as consulting documents

- Advertising and sales data

- Information from your electronic communications with us (e.g. IP address, log-in data)

- Other data that we have received from you in the course of our business relationship (e.g. in discussions with customers)

- Data that we generate ourselves from master/contact data as well as other data, e.g. through customer needs and customer potential analyses

- Documentation of your declaration of consent to the receipt of e.g. newsletters

- Photos from events

3. For what purposes and on what legal grounds is my Data processed?

We process your Data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the 2018 German Federal Data Protection Act, as amended:

• for the fulfilment of (pre-)contractual obligations (Art. 6(1) b) GDPR):

your Data is processed for contract execution online or in any of our branches and for the execution of your contract of employment in our company. Data will be processed specifically when initiating business and executing contracts with you.

• for the fulfilment of legal obligations (Art. 6(1) c) GDPR):

your Data must be processed for the purpose of fulfilling various legal obligations, e.g. those that arise under the German Commercial Code or the Tax Code.

• for the protection of our legitimate interests (Art. 6(1) f) GDPR):

on the basis of a balancing of interests, Data processing may take place beyond the actual fulfilment of the contract to protect the legitimate interests of us or third parties.

Examples of cases where Data is processed to protect our legitimate interests include:

- Advertising or marketing (see No. 4)

- Measures for business management and further development of services and products

- Maintaining a group-wide customer database to improve customer service

- In the context of legal prosecution - Sending non-promotional information and press releases

• within the scope of your consent (Art. 6(1) a) GDPR):

if you have given us your consent to process your Data, e.g. to send you our newsletter, publish photos, competitions, etc.

4. Processing personal Data for promotional purposes

You can object to the use of your personal Data generally or on a case-by-case basis for advertising purposes at any time without incurring any costs for this other than the basic rate transmission costs.

Under the legal requirements of Section 7(3) of the German Law on Unfair Competition (UWG) we are entitled to use the email address you provided on conclusion of the contract for direct advertising of similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter. If you decide you no longer wish to receive such recommendations via email, you can object to the use of your address for this purpose at any time without incurring any costs for this other than the basic rate transmission costs. A notification in written form will suffice for this. Every email contains an unsubscribe link too.

5. Who receives my Data?

If we use a service provider in the sense of contract processing, we remain responsible for the protection of your Data. All contract processors are contractually bound to treat your Data confidentially and limit processing of this Data to the scope of their mandate. The contract processors commissioned by us receive your Data where they require this Data to fulfil their respective service. For instance, these include IT service providers we need for the operation and security of our IT system and advertising and directory services for our in-house advertising campaigns.

Your Data is processed in our customer database. The customer database helps to improve the quality of existing customer Data (duplicate cleansing, moved/deceased indicators, address correction), and enables enrichment with data from public sources.

This Data is made available to the group companies if necessary for the execution of the contract. Customer Data is stored separately on a company-specific basis, with our parent company acting as a service provider for the individual participating companies.

In the event of a legal obligation or legal prosecution, authorities and courts as well as external auditors may be recipients of your Data. In addition, insurance companies, banks, credit agencies and service providers may be recipients of your Data for the purpose of contract initiation and fulfilment.

6. How long is my Data stored?

We process your Data until the business relationship or the applicable statutory retention periods have expired (i.e. as defined in the German Commercial Code, the Tax Code or the Working Hours Act) or until the conclusion of any disputes where said Data is required for evidentiary purposes.

7. Is my personal Data sent to a third country?

Generally speaking, we do not transfer any Data to third countries. Transfers in isolated cases will only take place on the basis of an adequacy decision on the part of the European Commission, standard contractual clauses, appropriate guarantees or your express consent.

8. What rights do I have to data protection?

You have a right to access, correct, delete or restrict the processing of your stored Data, a right to object to the processing as well as a right to data portability and to lodge a complaint in accordance with the requirements of data protection law at any time.

Right to information:

You can request information from us as to whether and to what extent we process your Data.

Right to rectification:

If we process any Data of yours which is incomplete or incorrect, you can request that we correct and/or complete this Data at any time.

Right to erasure:

You can request that we delete your Data insofar as we are processing or have processed this unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent immediate deletion, e.g. in the case of legally regulated retention obligations.

Regardless of the exercise of your right to deletion, we will delete your Data immediately and completely, unless there is a legal or statutory obligation to retain it.

Right to restriction of processing:

You can request that we restrict the processing of your Data if

- you dispute the accuracy of the Data and for a period of time that allows us to verify the accuracy of the Data;

- the processing of the Data is unlawful, but you refuse to delete it and instead request a restriction on the use of the Data;

- we no longer need the Data for the intended purpose, but you still need this Data to assert or defend legal claims; or

- you have objected to the processing of the Data.

Right to Data portability:

You may request that we provide you with the Data you have provided to us in a structured, common and machine-readable format and that you can transmit this Data to another controller without hindrance from us, provided that

- we process this Data on the basis of revocable consent granted by you or for the performance of a contract between us; and

- this processing is carried out using automated procedures.

Where technically feasible, you can request that we transfer your Data directly to another controller.

Right to object:

If we process your Data based on a legitimate interest, you may object to this data processing at any time; this would also apply for any profiling based on these provisions. We will no longer process your Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims. You are entitled to object to the processing of your Data for the purpose of direct advertising at any time without providing any reason.

Right to lodge a complaint:

If you are of the opinion that we have violated German or European data protection legislation in the processing of your Data, we ask that you contact us to clarify any issues. You are of course also entitled to refer to your local regulatory authorities, i.e. the respective regional data protection supervisory authority.

9. Am I obliged to provide Data?

The processing of your Data is necessary for the conclusion or fulfilment of your contract with us. If you do not provide us with this Data, we will usually have to refuse to conclude the contract or we will no longer be able to execute an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to Data that is not relevant for the performance of the contract, or which is not required by law.