Software purchase (On-Premise)

1. Scope of application

1.1 The following General Terms and Conditions for Software Purchase (GTC) apply to all business transactions relating to the purchase of software concluded between the Customer and whitepaper.id GmbH, Vor den Kämpen 23, 30851 Langenhagen (hereinafter referred in short as: WHINT). These GTC shall at all times apply as amended at the time of conclusion of the respective agreement. Unless otherwise agreed in writing, we herewith object to the incorporation of terms of the Customer.

1.2 Customer for the purposes of these GTC are exclusively entrepreneurs as defined in section 14 of the German Civil Code [BGB].

  

2. Object of the agreement

2.1 WHINT offers the Buyer the opportunity to purchase software products (hereinafter referred to in short as: Software), as well as appropriate user documentation that the Customer can download themselves from the Internet (hereinafter jointly referred to in short as: Contract Items). The type of software and the scope of performance are based on the product description provided by WHINT and on the performance description provided by WHINT on their website for the software concerned. Unless made for the purpose of remedying any defects, updates for the Software will be provided only based on a separate agreement.

2.2 The source code of the Software is not part of the Contract Items.

2.3 The quality of the Software provided by WHINT is defined for all purposes by the performance description applicable at the time of delivery of the Contract Items and made available to the Customer prior to the conclusion of the contract, which is also outlined again in the user documentation. WHINT shall not be obliged to deliver any further quality of the Software. Unless WHINT expressly confirmed in writing that the Software is of a quality beyond such scope, the Buyer shall in particular not base such obligation on the part of WHINT from other descriptions of the Software in public communications or advertising of neither WHINT nor their employees or sales partners.

 

3. Scope of use

3.1 WHINT grants the Buyer a non-exclusive, temporally unlimited right of use in the Contract Items in accordance with the contractual provisions. In case of multiple use, para. 4.3 shall apply.

3.2 The Buyer may use the Software only for the purpose of processing their internal business transactions and those of companies affiliated with them within the meaning of section 15 of the German Stock Corporation Act [AktG] ("Group Companies"). In particular (i) the operation of the computing centre for third parties or (ii) the temporary provision of the Software (e.g. as Application Service Providing) for other companies than the Group Companies or (iii) the use of the Software to train people who are not employees of the Buyer or of their Group Companies is permitted only with the prior written consent of WHINT. Commercial leasing of the Software to others is generally prohibited.

3.3 Replication of the Software, e.g. copying of the Software made available only through a data network is permitted only to the extent necessary for the authorised use. The Buyer may compile backup copies to the necessary extent and in accordance with the accepted rules of engineering. Back up copies on mobile data carriers must be marked as such and labelled with the copyright mark of the original data carrier. The Buyer is entitled to copy the Software on to a data carrier in case of a transfer pursuant to para. 7. The right in the online copy is exhausted in the same way as if the Buyer would have obtained software on a data carrier. 

3.4 The Buyer is authorised to make changes, extensions and other alterations of the Software pursuant to section 69c No. 2 of the German Copyright Act [UrhG] only to the extent that the right to such revisions cannot be waived by law. Prior to remedying any fault themselves or through a third party, WHINT shall be permitted to undertake two attempt to resolve the error. The Buyer shall not have any own rights of use or exploitation in regard to such revisions beyond the rights of use granted in terms of this Contract. 

3.5 The Buyer shall be permitted to decompile the Software only to the extent permitted pursuant to section 69e UrhG, and only after WHINT has not provided the necessary data within a reasonable period after being requested to do so in writing and/or has failed to provide information to establish interoperability with other hardware and software.

3.6 If WHINT issues supplements (e.g. a patch) or a new version (e.g. an update or upgrade) of the Contract Item or replaces the previously surrendered Contract Items ("Old Software") as part of a cure of a defect or maintenance, then those will be governed by the provisions of this Agreement.

3.7 Subject to paras. 3.3 and 3.4, any duplication or revision of the user documentation (provided the documentation is integrated in the Software) is not permitted.

 

4. Purchase price, payment terms

The Buyer is obligated to pay the contractually agreed purchase price for the Contract Items. Unless otherwise stipulated by an individual agreement, the purchase price is payable excluding the VAT at the statutory height.

4.2 The purchase price is due and payable upon the date of invoice, however, not before the Software is made available for download on the Internet and notification of the Buyer about the availability.

4.3. The Buyer is entitled to use the Software beyond the rights of use granted in terms of this Contract only after the prior written consent of WHINT. In case of multiple uses (several product instances) without authorisation, WHINT is entitled to charge the amount due for the additional use pursuant to the WHINT price list applicable at that time, unless the Buyer is able to show that the damage incurred by WHINT is substantially lower. Any further extra-contractual claims for damages remain unaffected.

4.4 WHINT shall bear the costs for ensuring that a data network is available for the download of the Software, while the Buyer shall bear the costs for the download. 

 

5. Installation, training, maintenance

5.1 WHINT shall supply the Software ready for installation by download through a data network, including the documentation, at the contractually agreed time. 

5.2 For the installation of the Software, WHINT refers to the installation instructions described in the user documentation, in particular to the required hardware and software environment of the Buyer. At the request of the Buyer, WHINT shall install the Software based on a separate agreement and subject to the respectively applicable price lists.

5.3 WHINT shall provide orientation and training in accordance with the respectively applicable price lists.

5.4 If so desired, WHINT will conclude a separate agreement for the maintenance of the Software. 

5.5 If a separate maintenance agreement has been concluded, the maintenance shall start, unless otherwise agreed, upon delivery of the Contract Items. Any claims for defect based on the purchase agreement shall not be affected by the maintenance agreement; they may be asserted free of charge during the during the warranty period pursuant to the provisions of the purchase agreement.

 

6. Protection of Software and user documentation

6.1 Unless rights have been granted expressly to the Buyer in terms of this Contract, all rights in the Contract Items (and all copies produced by the Buyer), especially copyright, the rights in or to inventions and technical proprietary rights, shall belong exclusively to WHINT. This also applies to revisions of the Contract Items by WHINT. Ownership of the Buyer in the respective data carriers remains unaffected by the above.

6.2 The Buyer shall store the surrendered Contract Items with due care to prevent abuse. The Buyer shall make Contract Items (irrespective of whether they are in the original state or revised) available to third parties only after prior consent of  WHINT. Employees of the Buyer or any other people that are present at the Buyer's premises for the contract-compliant use of the Contract Items shall not be deemed to be third parties. Paragraph 7 remains unaffected.

6.3 The Buyer is not permitted to change or remove copyright notices, marking numbers and/or tracking numbers or signs of WHINT. If the Buyer changes or modifies the Contract Items, those notices and marks must be adopted in the modified version of the Contract Item.

6.4 If the Buyer (1) surrenders data carriers, storage media or other hardware on which the Contract Items are saved (in whole or in part, unchanged or revised) to third parties outside a transfer pursuant to para. or (ii) surrenders direct possession in the above items, the Buyer shall ensure that the previously saved Contract Items are deleted in full and permanently.

 

7. Transfer

7.1 The Buyer may surrender the Contract Items to a third party only integrally and subject to full and final cessation of their own use. It is not permitted to surrender the Contract Items temporarily or for partial consideration to third parties, irrespective of whether the Contract Items are surrendered in a tangible or intangible form. The same applies for a free transfer.

7.2 The transfer of the Contract Items requires the written consent of WHINT. WHINT shall grant consent if (i) the Buyer warrants in writing to WHINT that they have surrendered all original copies of the Contract Items to the third party and have at the same time deleted all self-produced copies, and (ii) that the third party has declared in writing his consent vis-à-vis WHINT with the terms and conditions of use and transfer agreed herein.

 

8. Buyer's duties of notification, care, cooperation and information

8.1 The Buyer is obligated to report defects of the Software without undue delay to WHINT as part of the warranty for defects. In doing so, the Buyer shall take into account the instructions of WHINT for the analysis of the problem to a reasonable extent and shall transmit the information available and required for remedying the defect to WHINT.

8.2 The Buyer shall take suitable precautions to protect the Software against unauthorised access of third parties. Buyer's employees and third parties subject to the Buyer's right of instruction authorised to make use of the Software pursuant to the Buyer's instructions shall be instructed about the prohibition on the compilation of copies beyond the contractually agreed scope.

8.3 The Buyer shall inquire about the essential functional features of the Software and shall bear the risk if the latter complies with his desires and requirements; in case of doubt, the Buyer shall consult employees of WHINT or technically skilled third parties prior to the conclusion of the contract.

8.4. Providing a functional and sufficiently dimensioned hardware and software environment - also taking the additional load by the Contract Items into account - is the sole responsibility of the Buyer.

8.5 Prior to the use of the Software, the Buyer shall examine the Software thoroughly for defects and usability in the existing hardware and software configuration. This also applies to software that the Buyer receives under warranty and as part of maintenance services.

8.6 Buyer shall observe the instructions of WHINT for the installation and operation of the Software.

8.7 If WHINT assumes any further obligations beyond the provision of the Contract Items, the Buyer shall cooperate to the required extent, e.g. by providing employees, work spaces, hardware and software, data and telecommunications equipment, free of charge.

8.8 For troubleshooting purposes, the Buyer grants WHINT direct and/or remote access to the Contract Items. WHINT is authorised to verify whether the Contract Items are used in accordance with the provisions of this contract. For this purpose, WHINT may require information from the Buyer, especially about the time and scope of the use of the Contract Items and inspect the Buyer's books and records, as well as their hardware and software. To this end, access to the business premises of the Buyers shall be granted to WHINT during regular business hours.

8.9 The Buyer shall take appropriate precautions in case the Software does not function at all or only partially (e.g. by means of daily data backups, fault diagnosis, regular examination of the data processing results).

8.10 If the Buyer does not expressly indicate otherwise, WHINT may assume that all data of the Buyer with which WHINT is in contact are backed up.

8.11 The Buyer shall bear all consequences and costs arising from a breach of these duties.

 

9. Duties of inspection and notification of defects

The Buyer is under a duty off inspection and notification of defects in analogy to section 377 of the German Commercial Code [HGB] in regard to all deliveries and services performed by WHINT as part of the performance of the purchase agreement.

 

10. Material and legal defects; other breaches of contract; statute of limitation

10.1 WHINT provides warranty for the agreed quality of the Contract Items in accordance with the provisions for contracts of sale in terms of para. 2.4, and for the absence of conflicting rights of third parties interfering with the use of the Contract Items to the agreed extent. However, the warranty for the absence of rights of third parties in regard to the Contract Items only applies to the country of destination agreed by the parties as the country where the Contract Items are to be used. In the absence of an express agreement, the warranty shall apply to the country in which the Buyer's registered office is located.

10.2 In case of material defects, WHINT shall remedy the defect in the first place by cure. To this end, WHINT- at their choice - shall provide  the Buyer either with new, defect-free software or remedy the defect; possible remedies include the right of WHINT to inform the Buyer about reasonable steps to work around the effects of the effect.

In case of legal defects, WHINT shall remedy the defect in the first place by cure. To this end, WHINT - at their choice - shall provide the Buyer with a legally indefensible right to use the supplied Contract Items or replaced or modified equivalent Contract Items.

WHINT is entitled to make the cure dependent on the Buyer having paid at least a reasonable portion of the remuneration.

10.3 The Buyer is obligated to accept the new Software if the contractually agreed scope of functions remains available and the acceptance does not lead to substantial disadvantages.

10.4 If two attempts to cure the defect fail, the Buyer is entitled to set a reasonable grace period to remedy the defect. In this case, the Buyer is required to state explicitly and in writing that he reserves the right to withdraw from the contract in case of a repeated failure of the cure and/or the right to assert a claim for damages.

If the cure fails to remedy the defect also during the grace period, the Buyer may withdraw from the contract or reduce the purchase price, except if the defect is of minor significance. WHINT will pay damages or reimburse expenses arising from such defects under the conditions set forth in para 12 below. 

10.5 If WHINT provides voluntary services while debugging or troubleshooting without being obliged to do so, WHINT may charge remuneration for such services according to their usual rates. This applies in particular if a fault is not detectable or not attributable to WHINT. In addition, the additional expenses incurred by WHINT as a result of the fact that the Buyer failed to comply with his duties in terms of para. 8 must be reimbursed.

10.6 If third parties assert claims that prevent the Buyer from exercising the contractually agreed rights of use, the Buyer shall inform WHINT comprehensively in writing and without undue delay. He herewith authorises WHINT to independently take legal action in and out of court. If the Buyer is sued, he shall consult with WHINT and shall take procedural action, especially such as issuing an acknowledgement or concluding a settlement, only with the consent of WHINT.

WHINT is obliged to oppose the claims at their own expense and to indemnify the Buyer from all damage and costs associated with the defence of the claim as far as they are not based on the latter's culpable behaviour.

10.7 The Buyer may derive rights from other breaches of duty by WHINT only if he has objected to them in writing vis-à-vis WHINT and has granted a grace period for remedying such breaches. This provision shall not apply in instances where by reason of its nature the breach cannot be remedied. Damages shall be paid or futile expenses compensated only within the limits established in para. 12.

10.8 The statute of limitation for all claims for warranty amounts to one year and starts with the delivery or provision (and notification of the Buyer thereof) of the Contract Items; the same time limit shall apply to all other claims, irrespective of their nature, vis-à-vis WHINT.

In case of gross negligence on the part of WHINT, of fraudulent concealment, personal injury or legal defects pursuant to No. 1a) of section 438(1) BGB, as well as in case of guarantees (section 444 BGB), the statutory limitation periods apply; likewise in case of claims pursuant to the Product Liability Act.

 

11. Liability

11.1 In all instances of contractual and extra-contractual liability, WHINT shall pay damages only subject to the following limitations:

a) in case of intent, and likewise in case of a lacking property, which WHINT had warranted;

b) in case of gross negligence, for the amount of the foreseeable damage that is to be prevented by the breached duty.

c) in all other case: only for a breach of a material contract duty, if it poses a risk to the achievement of the purpose of the contract, limited, however, to the amount of the foreseeable damage. 

d) beyond the above, in cases where WHINT is insured against the damage incurred, limited to the insurance cover and subject to the condition precedent that the insurance payment has been made.

11.2 The liability limitations pursuant to para. 12.1 shall not apply to liability for personal injury and liability in terms of the Product Liability Act.

11.3 WHINT reserves the right to assert the defence of contributory fault (e.g. in terms of para. 8).

11.4 Regarding the limitation period, para. 11.8 applies with the necessary modifications subject to the proviso that the statutory limitation period applies to claims pursuant to para. 12.1a) and para. 12.2. The limitation period pursuant to sentence 1 shall begin to run at the time stipulated by section 199(1) BGB. The period shall begin at the latest upon expiration of the maximum time limits stipulated in section 199(3) and (4) BGB.

 12. Expiration of the right of use in the Contract Items

In cases where the right of use expires (e.g. due to withdrawal from the contract, subsequent delivery), the Buyer shall return all Contract Items delivered or delete all copies, unless the Buyer is obliged by law to retain the items or copies for a longer period. Paragraph 3.6 remains unaffected. The Buyer shall confirm compliance with the above duty in writing to WHINT.

13. Final provisions

13.1 The laws of the Federal Republic of Germany, excluding the laws on the international sale of goods, apply to all transactions between the Parties. 

13.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Customer and WHINT is - in cases where the Customer is a merchant pursuant to the provisions of the HGB - the registered office of WHINT.

13.3 Should any of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

 
Software lease (Cloud)

1. Scope of application

1.1 The following General Terms and Conditions for Software Rental (GTC) apply to all business transactions relating to the purchase of software concluded between the Customer and whitepaper.id GmbH, Vor den Kämpen 23, 30851 Langenhagen (hereinafter referred in short as: WHINT). These GTC shall at all times apply as amended at the time of conclusion of the respective agreement. Unless otherwise agreed in writing, we herewith object to the incorporation of terms of the Customer.

1.2 Customer for the purposes of these GTC are exclusively entrepreneurs as defined in section 14 of the German Civil Code [BGB]. 

 

2. Object of the agreement

2.1 WHINT offers the Buyer the opportunity to lease software products (hereinafter referred to in short as: Software) for given period against remuneration. The type of software and the scope of performance are based on the product description provided by WHINT and on the performance description provided by WHINT on their website for the software concerned. Unless made for the purpose of remedying any defects, updates for the Software will be provided only based on a separate agreement.

The Software is provided for contract-compliant use according to the product description.

The functionality of the Software, as well as the system environment in which the Software may be used, is outlined in the product description.

2.2 Information contained in brochures, ads, documentation and similar records is descriptive only and does not establish any guarantee as to the properties of the Items. Any guarantee as to the properties of the Items requires an express written agreement. 

2.3 The Software is provided by means of rent. Accordingly, the right to use the Software is granted only for the term of the lease agreement. Unless otherwise provided for in the provisions below, the statutory provisions on lease contracts, sections 535 et seq. BGB apply. 

 

3. Delivery, installation, consultation

3.1 WHINT shall supply the Software ready for installation by download through a data network, including the documentation, at the contractually agreed time. 

3.2 The Customer installs the Software.

3.3 WHINT owes consulting services, only if this is agreed expressly and by separate agreement. Any consulting services to be provided shall be remunerated separately pursuant to the current price list of WHINT.

3.4 Any adjustments or modifications of the Software are only owed to the extent necessary for maintenance and repair of the Leased Items or to secure contract-compliant use. In all other respects, WHINT is only required to make updates and modifications if this is expressly agreed; any corresponding services shall be reimbursed by the Customer in accordance with the current price list of WHINT.

 

4. Rent

4.1 The Customer is obliged to pay the agreed monthly rent. All prices of WHINT are exclusive of the statutory VAT, which shall be added at the applicable rate. The rent comprises the remuneration for the provision and use of the Software, as well as for its maintenance and repair.

4.2 The rent shall be paid each month in advance by the fifth working day of the month.

 

5. Rights of use in the Software, use in a network

5.1 WHINT shall grant the Customer a non-exclusive, non-transferable right to use the provided Software for the presumed contractual purpose in accordance with the following provisions of this para. 5 and of the following paras. 6, 7 and 8, limited in time to the term of the contract.

5.2 The Customer is entitled to use the Software on the number of production instances indicated in the contract. The use of the Software on other production instances is not permitted, unless WHINT expressly consents to such use. WHINT may make their consent contingent on the payment of an additional, reasonable remuneration.

 

6. Replication of the Software

6.1 The Customer is entitled to reproduce the Software and the documentation, if and insofar as this is necessary for the intended use.

6.2. The Customer is entitled to compile copies of the Software, as far as these are required to secure the future use of the software, as well as for a backup in line with the operational requirements of the Customer and for archiving purposes.

6.3 The Customer's right of reproduction of the source code pursuant to the provisions of section 69d(1) UrhG remains unaffected.

6.4 All other reproductions are prohibited.

 

7. Alteration of the software; decompilation

7.1 The Customer shall make no alteration to the Software, unless they are required for the intended use. A makeover is permitted if it is necessary for the removal of a defect and if WHINT is in arrears with the remedy of the defect, if WHINT unlawfully rejects the removal of defects or is unable for other reasons attributable to their sphere of responsibility to remedy the defect without undue delay. A makeover is also permissible if it is necessary to resolve compatibility problems in the interaction of the software with other programs required by the Customer and if WHINT is unwilling or unable to remedy these against reasonable, customary remuneration.

7.2 The Customer may not instruct any third party to perform the measures pursuant to para. (1) who are competitors of WHINT, unless the Customer can show that the risk of disclosure of significant business and trade secrets of WHINT is excluded (especially the functions and design of the program).

7.3 Decompilation of the program is permitted only subject to the terms and conditions stipulated in section 69e(1) UrhG. The information gained in this way may not be used or transmitted in breach of the precautions stipulated in section 69e(2) UrhG.

7.4 Markings of the Software, especially copyright notices, trade marks, serial numbers or similar designations may not be removed, modified or rendered illegible.

 

8. Provision of Software to third parties

8.1 Without the consent of WHINT, the Customer is not authorised to provide the Software to third parties, and in particular may not sell or rent out the Software.

8.2 Non-independent use by the employees of the Customers or other third parties subject to the right of instruction on the part of the Customer is permitted for the purposes of the intended use.

 

9. Buyer's duties of notification, care, cooperation and information

9.1 The Customer is obligated to report defects of the Software without undue delay to WHINT. In doing so, the Buyer shall take into account the instructions of WHINT for the analysis of the problem to a reasonable extent and shall transmit the information available and required for remedying the defect to WHINT.

9.2 The Customer shall take suitable precautions to protect the Software against unauthorised access of third parties. Customer's employees and third parties subject to the Customer's right of instruction authorised to make use of the Software pursuant to the Customer's instructions shall be instructed about the prohibition on the compilation of copies beyond the contractually agreed scope.

9.3 The Customer shall inquire about the essential functional features of the Software and shall bear the risk if the latter complies with his desires and requirements; in case of doubt, the Customer shall consult employees of WHINT or technically skilled third parties prior to the conclusion of the contract.

9.4 Prior to the use of the Software, the Customer shall examine the Software thoroughly for defects and usability in the existing hardware and software configuration. This also applies to software that the Buyer receives under warranty and as part of maintenance services.

9.5 Customer shall observe the instructions of WHINT for the installation and operation of the Software.

9.6 If WHINT assumes any further obligations beyond the provision of the Contract Items, the Customer shall cooperate to the required extent, e.g. by providing employees, work spaces, hardware and software, data and telecommunications equipment, free of charge.

9.7 For debugging and troubleshooting purposes, the Customer grants WHINT direct and/or remote access to the Contract Items. WHINT is authorised to verify whether the Contract Items are used in accordance with the provisions of this contract. For this purpose, WHINT may require information from the Customer, especially about the time and scope of the use of the Contract Items and inspect the Customer's books and records, as well as their hardware and software. To this end, access to the business premises of the Buyers shall be granted to WHINT during regular business hours.

9.8 The Customer shall take appropriate precautions in case the Software does not function at all or only partially (e.g. by means of daily data backups, fault diagnosis, regular examination of the data processing results).

8.10 If the Customer does not expressly indicate otherwise, WHINT may assume that all data of the Customer with which WHINT is in contact are backed up.

8.11 The Customer shall bear all consequences and costs arising from a breach of these duties.

 

10. Rights of the Customer in case of defects

10.1 WHINT is obliged to remedy defects in the licensed Software including the documentation.

10.2 Defects shall be remedied by WHINT - at their choice - through free of charge repair or replacement.

10.3 Termination by the Customer pursuant to sentence 1 No. 1 of section 543(2) BGB for failure to provide contract-compliant use is admissible only after WHINT has been granted a reasonable opportunity to remedy the defect and has failed to do so. The remedy shall be deemed to have failed only if the remedy has become impossible, has been refused by WHINT or is delayed in any other unreasonable manner, if there are reasonable grounds to question the success of the remedy or if the acceptance by the Customer is deemed unreasonable for other reasons.

10.4 The rights of the Customer for defects are excluded if the latter has modified the Leased Product or caused the modifications to be made without the consent of WHINT, unless the Customer is able to show that modification does not have any unreasonable effects on the analysis and remedy of the defects. The rights of the Customer for defects remain unaffected, provided that the Customer is entitled to make modifications, especially as part of the right to self-help pursuant to section 536a(2) BGB and if such modification has been executed in a technically proper manner and transparently documented.

 

11. Liability limitations

11.1 WHINT shall be liable under the statutory provisions without limitation for damage

(a) resulting from an injury of life, body or health, based on a deliberate or negligent breach of duty or otherwise intentional or negligent behaviour of WHINT or one of their legal representatives or vicarious agents;

(b) resulting from the absence or cessation of a warranted property or failure to comply with a guarantee;

(c) resulting from the intentional or grossly negligent breach of duty or otherwise intentional or grossly negligent behaviour of WHINT or one of their legal representatives or vicarious agents.

11.2 WHINT shall be liable, subject to limitation of the damages to the contract-typical, foreseeable damage for damage based on a slightly negligent breach of essential duties by WHINT or one of the legal representatives or vicarious agents. Essential contractual obligations are basic duties which must be fulfilled for the proper execution of the contract and which the parties may usually expect to be complied with.

11.3 WHINT shall be liable for any other cases of slightly negligent behaviour limited to a six-fold of the monthly rent per instance of damage.

11.4 No-fault liability of WHINT pursuant to the 1st alternative of section 536a(1) BGB for defects existing already at the time of conclusion of the contract shall be excluded.

11.5 In case of loss of data caused by simple negligence, WHINT shall be only liable for damage which would be incurred despite proper and regular data backups in line with the significance of the data by the Customer; this limitation shall not apply if the data back is impeded or impossible for reasons within the sphere of responsibility of WHINT.

11.6. The above provisions shall apply with the necessary modifications also for the liability of WHINT in regard to the compensation for futile expenses.

11.7 Liability under the Product Liability Act remains unaffected.

 

12. Contract term, termination of the rent

12.1 The lease starts on the contractually agreed date and is concluded for an indefinite period. It may be properly terminated by either party with a notice period of 2 weeks for the end of the month. 

12.2 The rights of termination of the Customer pursuant to para. 10.3 of this contract remain unaffected.

12.4 The right of termination of each party for a compelling reason remains unaffected.

12.5 Any termination shall be valid if in writing (email is sufficient).

 

13. Return of the Contract Items

13.1 Upon termination of the contractual relationship, the Customer shall delete the Software, destroy the documentation and provide proof thereof to WHING upon written request. Any copies produced of the Software provided by WHINT must be deleted entirely and definitively.

13.2 Any use of the Software after termination of the contractual relationship is not permitted.

 

14. Final provisions

14.1 The laws of the Federal Republic of Germany, excluding the laws on the international sale of goods, apply to all transactions between the Parties. 

14.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Customer and WHINT is - in cases where the Customer is a merchant pursuant to the provisions of the HGB - the registered office of WHINT.

14.3 Should any of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the whitepaper.id GmbH. The use of the Internet pages of the whitepaper.id GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the whitepaper.id GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the whitepaper.id GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the whitepaper.id GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
• a)    Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
• c)    Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• d)    Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
• e)    Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• f)     Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
• g)    Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• h)    Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• i)      Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
• j)      Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• k)    Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
whitepaper.id GmbH�Vor den Kämpen 23, 30851 Langenhagen, Germany�Email: contact@whitepaper-id.com, Website: www.whitepaper-id.com
3. Cookies
The Internet pages of the whitepaper.id GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the whitepaper.id GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the whitepaper.id GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the whitepaper.id GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the whitepaper.id GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of the whitepaper.id GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The whitepaper.id GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
7. Newsletter-Tracking
The newsletter of the whitepaper.id GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the whitepaper.id GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The whitepaper.id GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the whitepaper.id GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Comments function in the blog on the website
The whitepaper.id GmbH offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.
10. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
11. Rights of the data subject
• a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
• b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
• c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
• d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the whitepaper.id GmbH, he or she may, at any time, contact any employee of the controller. An employee of whitepaper.id GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the whitepaper.id GmbH will arrange the necessary measures in individual cases.
• e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the whitepaper.id GmbH, he or she may at any time contact any employee of the controller. The employee of the whitepaper.id GmbH will arrange the restriction of the processing.
• f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the whitepaper.id GmbH.
• g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The whitepaper.id GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the whitepaper.id GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the whitepaper.id GmbH to the processing for direct marketing purposes, the whitepaper.id GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the whitepaper.id GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the whitepaper.id GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
• h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the whitepaper.id GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the whitepaper.id GmbH.
• i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the whitepaper.id GmbH.
12. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
13. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the "Like" button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
14. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
15. Data protection provisions about the application and use of Jetpack for WordPress
On this website, the controller has integrated Jetpack. Jetpack is a WordPress plug-in, which provides additional features to the operator of a website based on WordPress. Jetpack allows the Internet site operator, inter alia, an overview of the visitors of the site. By displaying related posts and publications, or the ability to share content on the page, it is also possible to increase visitor numbers. In addition, security features are integrated into Jetpack, so a Jetpack-using site is better protected against brute-force attacks. Jetpack also optimizes and accelerates the loading of images on the website.
The operating company of Jetpack Plug-Ins for WordPress is the Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, UNITED STATES. The operating enterprise uses the tracking technology created by Quantcast Inc., 201 Third Street, San Francisco, CA 94103, UNITED STATES.
Jetpack sets a cookie on the information technology system used by the data subject. The definition of cookies is explained above. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Jetpack component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to submit data through the Jetpack component for analysis purposes to Automattic. During the course of this technical procedure Automattic receives data that is used to create an overview of website visits. The data obtained in this way serves the analysis of the behaviour of the data subject, which has access to the Internet page of the controller and is analyzed with the aim to optimize the website. The data collected through the Jetpack component is not used to identify the data subject without a prior obtaining of a separate express consent of the data subject. The data comes also to the notice of Quantcast. Quantcast uses the data for the same purposes as Automattic.
The data subject can, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Automattic/Quantcast from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Automattic/Quantcast may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data relating to a use of this Internet site that are generated by the Jetpack cookie as well as the processing of these data by Automattic/Quantcast and the chance to preclude any such. For this purpose, the data subject must press the ‘opt-out’ button under the link https://www.quantcast.com/opt-out/ which sets an opt-out cookie. The opt-out cookie set with this purpose is placed on the information technology system used by the data subject. If the cookies are deleted on the system of the data subject, then the data subject must call up the link again and set a new opt-out cookie.
With the setting of the opt-out cookie, however, the possibility exists that the websites of the controller are not fully usable anymore by the data subject.
The applicable data protection provisions of Automattic may be accessed under https://automattic.com/privacy/. The applicable data protection provisions of Quantcast can be accessed under https://www.quantcast.com/privacy/.
16. Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
17. Data protection provisions about the application and use of SlideShare
On this website, the controller has integrated SlideShare components. LinkedIn SlideShare as a file hosting service allows you to exchange and archive presentations and other documents, such as PDF files, videos, and webinars. The file hosting service allows users to upload media content in all popular formats, with the documents either publicly-accessible or private-labeled.
The operating company of SlideShare is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, United States. For privacy matters outside of the United States the LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
LinkedIn SlideShare provides so-called embedded codes for the media content (e.g. presentations, PDF files, videos, photos, etc.) stored there. Embedded codes are program codes that are embedded in the Internet pages to display external content on their own website. Embedded codes allow content to be reproduced on its own website without storing it on its own server, possibly violating the right of reproduction of the respective author of the content. A further advantage of the use of an embedded code is that the respective operator of a website does not use its own storage space and the own server is thereby relieved. An embedded code may be integrated at any point on another website so that an external content may also be inserted within the own text. The purpose of using LinkedIn SlideShare is to relieve our server and to avoid copyright infringements, while at the same time using third-party content.
With each call-up to our Internet site, which is equipped with a SlideShare component (embedded code), this component prompts the browser that you are using to download the according embedded data from SlideShare. During the course of this technical procedure, LinkedIn gains knowledge of which specific sub-page of our website is visited by the data subject.
If the data subject is logged in on SlideShare at the same time, SlideShare recognizes with each call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page was visited by the data subject. This information is collected by SlideShare and assigned to the respective SlideShare account of the data subject through LinkedIn.
LinkedIn obtains information via the SlideShare component that the data subject has visited our website, provided that the data subject is logged in at SlideShare at the time of the call-up to our website. This occurs regardless of whether the person clicks on the embedded media data or not. If such a transmission of information to SlideShare is not desirable for the data subject, then he or she may prevent this by logging off from their SlideShare account before a call-up to our website is made.
LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable data protection provisions for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy.
18. Data protection provisions about the application and use of Twitter
On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 140 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user's tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.
The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
19. Data protection provisions about the application and use of Xing
On this website, the controller has integrated components of XING. XING is an Internet-based social network that enables users to connect with existing business contacts and to create new business contacts. The individual users can create a personal profile of themselves at XING. Companies may, e.g. create company profiles or publish jobs on XING.
The operating company of XING is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a XING component (XING plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding XING component of XING. Further information about the XING plug-in the may be accessed under https://dev.xing.com/plugins. During the course of this technical procedure, XING gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on XING, XING detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the XING component and associated with the respective XING account of the data subject. If the data subject clicks on the XING button integrated on our Internet site, e.g. the "Share"-button, then XING assigns this information to the personal XING user account of the data subject and stores the personal data.
XING receives information via the XING component that the data subject has visited our website, provided that the data subject is logged in at XING at the time of the call to our website. This occurs regardless of whether the person clicks on the XING component or not. If such a transmission of information to XING is not desirable for the data subject, then he or she can prevent this by logging off from their XING account before a call-up to our website is made.
The data protection provisions published by XING, which is available under https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by XING. In addition, XING has published privacy notices for the XING share button under https://www.xing.com/app/share?op=data_protection.
20. Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube's data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
21. Payment Method: Data protection provisions about the use of PayPal as a payment processor
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject chooses "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.
The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.
The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
22. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
23. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
24. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
25. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
26. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.