General Terms and Conditions
General Terms and Conditions of Sale for the Hensoldt Cyber Online Shop
- Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as “General Terms”) apply to all contracts concluded via our online shop between us, the
HENSOLDT Cyber GmbH
Willy-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany
Managing Directors: Stefan Burner und Emilia Fries
Register Court Munich HRB 236520
Telephone number: +49 89 515 18 0
E-mail address: info.cyber@hensoldt.net
(2) and you as our customer. The General Terms apply regardless of whether you are a consumer, an entrepreneur or a merchant.
(3) All agreements made between you and us in connection with the purchase contract result in particular from these General Terms our written order confirmation and our declaration of acceptance.
(4) Decisive shall be the version of the General Terms which is valid at the time the contract is concluded.
(5) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
- Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a binding contract.
(2) By submitting an order via the online shop by clicking the button “order with obligation to pay”, you submit a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if applicable according to clause 4, remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless the e-mail not only confirms receipt of the order but also declares acceptance.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we shall refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this without delay and refund any consideration already received without delay.
(6) We do not deliver to the countries mentioned in the following link: [LINK].
- Registration
The registration of a user account is necessary for orders in our online shop, the data for the user account must be complete and correct and always kept up to date. For the handling of this data, paragraph 10 of these General Terms applies.
- Right of withdrawal for consumers
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal according to number 4 (1), you have to bear the regular costs of the return shipment.
(3) In all other respects, the provisions which are set out in detail in the following cancellation policies shall apply to the right of withdrawal:
If you purchased one or more products in our online shop that are delivered in one shipment, the following withdrawal policy applies:
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: info.cyber@hensoldt.net, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have dispatched the goods, whichever is the earlier.
You must dispatch or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the withdrawal from this contract. This deadline shall be deemed to be met if you dispatch the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is caused by handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
– End of withdrawal policy –
If you purchased several products in our online shop, which are delivered in partial deliveries, the following withdrawal policy applies:
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: info.cyber@hensoldt.net, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have dispatched the goods, whichever is the earlier.
You must dispatch or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the withdrawal from this contract. This deadline shall be deemed to be met if you dispatch the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
– End of cancellation policy –
(4) The right of withdrawal does not apply to distance contracts
– for the delivery of goods which have been produced according to customer specifications or which are clearly tailored to personal requirements of the customer or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date has been exceeded,
– for the delivery of audio or video recordings or of software, if you have unsealed the delivered data carriers.
(5) Right of withdrawal for digital content:
If you have purchased digital content in the online shop (for example software that is made available via download), the following withdrawal policy applies:
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which the contract was concluded.
In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: info.cyber@hensoldt.net, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
– End of cancellation policy –
The right of withdrawal expires if we have started to execute the contract after you had expressly agreed that the execution of the contract shall be started before the end of the withdrawal period and had confirmed that you are aware that you thereby lose the right of withdrawal.
(6) Model withdrawal form for consumers
(If you want to withdraw from the contract, please fill out this form and send it back)
– To HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, e-mail address: info.cyber@hensoldt.net
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
– Ordered on ()/received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
– Date
_______________
(*) Delete if not applicable.
- Terms of delivery and reservation of prepayment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period shall be approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract.
(3) In the case of orders from customers with residence or place of business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (“reservation of prepayment”). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.
- Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and do not include shipping costs.
(2) The shipping costs are stated in our price quotations in our online shop. The price including VAT and any shipping costs incurred will also be displayed in the order mask before you submit the order.
(3) If we fulfil your order by partial deliveries according to clause 5 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively withdraw from your contractual declaration in accordance with clause 4, you can demand reimbursement of the costs already paid for shipping to you (shipping costs) under the legal requirements (see clause 4 (3) for other consequences of withdrawal).
- Terms of payment and offsetting and right of retention
(1) You may choose to transfer the purchase price and the shipping costs to our account specified in the online shop, to give us a direct debit authorization or to pay by EC-/Maestro- or credit card. We may also offer Paypal in the future, which we will inform you about in the online shop. In case of a direct debit authorization or payment by EC-/Maestro- or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A granted direct debit authorization shall also apply to further orders until revoked.
(2) You shall not be entitled to offset against our claims unless your counterclaims have been determined with legal effect or are undisputed. You shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same contract.
(3) As a purchaser, you may only exercise a right of retention if your counterclaim arises from the same contract.
- Retention of title
The delivered products remain our property until full payment of the purchase price.
- Warranty, liability
(1) Warranty and liability for providing software free of charge
We shall only be liable for material defects and defects of title, irrespective of the legal grounds, if we have fraudulently concealed the respective material defect or defect of title. Otherwise, we, our legal representatives and vicarious agents shall only be liable for compensation for any damages incurred in the event of wilful or grossly negligent misconduct due to the provision of the software free of charge. Claims under the Product Liability Act shall remain unaffected.
(2) Warranty for chargeable products and software if you are an entrepreneur: If the products have a remediable material defect or defect of title, you shall be entitled to claim rectification against us. We can also eliminate defects in software by providing an update. In the event of any claims for damages, Section 9 (4) shall apply. The warranty period for material defects and defects of title for products which you have purchased as an entrepreneur shall be 12 months. This does not apply if the liability is based on the statutory provisions according to number 9 (3).
(3) Warranty for chargeable products if you are a consumer: The statutory warranty provisions apply.
(4) Limitation of liability for chargeable products: If you have purchased the products against payment, we are liable, regardless of the legal grounds, only in accordance with the following regulations:
In the following cases the liability is based on the statutory provisions:
- for damages caused intentionally or by gross negligence,
- for damages resulting from non-compliance with guarantees given in writing to the extent covered by the purpose of the guarantee,
- in case of malice,
- in the event of bodily injury or personal injury,
- in cases of product liability according to the German Product Liability Act.
Insofar as liability is not governed by the statutory provisions in accordance with the above list, the following shall apply: In cases of ordinary negligent violation of only insignificant contractual obligations, we shall not be liable for damages. Otherwise, liability for damages caused by ordinary negligence shall be limited to those damages that must typically be expected to occur within the scope of the respective contractual relationship (foreseeable damages typical of the contract). This also applies to negligent breaches of duty by legal representatives, executive employees or simple vicarious agents. If you are an entrepreneur, the parties agree that the contract-typical foreseeable damages resulting from breaches of duty under these General Terms shall correspond at most to the value of the remuneration paid to us under these General Terms. The above limitations of liability shall also apply to claims for reimbursement of expenses.
(5) Insofar as our liability is excluded or limited under these provisions, this shall also apply to the liability of our executive bodies, vicarious agents and assistants, including our employees.
- Data protection
We comply with the data protection regulations. The data protection declarations can be found at https://www.hensoldt-cyber.com/data-privacy-statement.
- Special conditions for the purchase of software in the online shop
(1) Rights of use within the scope of the purchase of software
These general terms and conditions grant you the following rights of use for the software:
(a) By downloading the Software, we grant you the non-exclusive right to use the Software on a device which is owned or controlled by you and on which the Software is executable in accordance with the system requirements which you can view prior to conclusion of these General Terms.
(b) The right of use does not include the provision of the Software over a network for simultaneous use on multiple end devices.
(c) The above terms and conditions shall also apply to all updates/upgrades and program supplements for the Software that we provide to you for download, unless these are the subject of a separate agreement. In this case, only the provisions of the terms and conditions applicable to the respective update/upgrade or program supplement shall apply.
All other rights are reserved by us.
(2) Restrictions on use
(a) In the relationship between us and you, we remain the exclusive owner of the rights to all copies of the software.
(b) Subject to the rights to which you are legally entitled (see Section 11 (3) lit. e), you are not entitled to copyright exploitation of the Software.
(3) In particular, you are not permitted to
(a) provide, publish, license, sell or otherwise commercially exploit or distribute the Software, in part or in whole, to third parties, whether for payment or free of charge. No rights to the Software may be rented, leased or otherwise transferred;
(b) modify, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt, in part or in whole, to derive the source code;
(c) install or use, in part or in whole, on hardware that does not meet the system requirements.
(d) You may not remove, alter or obscure existing copyright notices or similar indications of ownership.
(e) Your mandatory legal rights remain unaffected.
(4) FOSS and third-party components when purchasing software
(a) The Software may contain components of free and open source software (“FOSS”). FOSS is governed primarily by the FOSS Terms and Conditions, available at https://hensoldt-cyber.com/legal.
(b) The Software may also contain or use proprietary components (software or content) of third parties. These are governed primarily by the terms and conditions for third-party content, available at https://hensoldt-cyber.com/legal. If rights to such third-party content are granted directly by third parties, you will enter into a contract with the respective third party in accordance with the applicable terms and conditions. In the event of an infringement, the third party may assert claims against you.
(c) By entering into the terms and conditions applicable to FOSS and third party proprietary components, you undertake towards us and the respective licensor to comply with them.
(5) Obligation to cooperate in the purchase of software
(a) When using the Software, you must observe the due diligence required for its use.
(b) You are obligated tp only use the Software lawfully in accordance with these General Terms and Conditions and in compliance with applicable law.
(c) You are solely responsible for fulfilling and maintaining the system requirements and for procuring and operating all other aids for the appropriate and proper use of the Software, in particular suitable hardware, suitable software and a sufficiently dimensioned Internet and mobile telephone connection. You are solely responsible to us for the security of your systems and for their protection against malware and attacks.
(d) You will check at reasonable intervals whether we have provided an update for the Software. You must install any available updates immediately, unless this is unreasonable for you.
(6) Support
You are not entitled to the provision of support services such as updates or advice outside the warranty. The warranty period does not start again due to the support services we provide.
- Reservation of right to alterations
We reserve the right to alter these General Terms with effect for the future. We will send you the amended Terms and Conditions by e-mail at least 30 days before they come into force and point out that these new General Terms are also intended to apply to a current contract and that you have the right to object to the validity of these General Terms. If you do not object to the validity of the new General Terms within this period or if you use the contents of the offer after the amended General Terms have come into force, the new General Terms are deemed to be accepted. We will draw your attention to the significance of the 30-day period, the right of objection and the legal consequences of silence in a suitable form.
- Applicable law and jurisdiction, online dispute resolution platform
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is our registered office. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) The EU Online Dispute Resolution Platform for online consumer contracts can be found at http://ec.europa.eu/consumers/odr/. The Austrian conciliation body for consumer transactions can be found at http://www.verbraucherschlichtung.or.at/. We do not take part in any dispute resolution proceedings before a consumer arbitration board and are not legally obliged to do so.
Status: March 19th, 2020
EULA
1. Prerequisite Conditions of the TRENTOS End User License Agreement (EULA)
Please read the following End User License Agreement (“EULA”) carefully before YOU purchase a License or enter into a license agreement for the TRENTOS and/or subsequently download and/or use the TRENTOS.
By purchasing a License and/or downloading and using the TRENTOS, You agree, without reservation to be bound by the terms and conditions of this EULA. If YOU do not agree with the terms and conditions of this EULA, please do not purchase a License and/or download and/or use the TRENTOS.
If YOU accept the terms and conditions in this EULA on behalf of a company or other legal entity, YOU warrant that YOU have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
YOU may not accept this EULA if You are not of legal age to form a binding contract with Hensoldt Cyber.
2. Definitions
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Academic version” the license for the TRENTOS for the term specified on the webpage of the store where YOU purchase the license, or in any applicable agreement concerning the purchase of the license to Use the TRENTOS for the sole purpose of instruction and research;
- “Contributor” YOU when YOU are assigned the role of contributor via the Hensoldt Cyber collaboration tool Hensoldt Cyber for Teams;
- “Documentation” the detailed information about the TRENTOS, its features and the system requirements as made available on the website of Hensoldt Cyber, as amended from time to time;
- “Evaluation version“ the license for the TRENTOS for the term specified on the webpage of the store where YOU purchase the license, or in any applicable agreement concerning the purchase of the license to Use the TRENTOS for the sole purpose of testing and evaluating the TRENTOS;
- “Evaluation” testing and developing new applications on the basis of TRENTOS Evaluation version excluding commercial use.
- “Full version” the license for the TRENTOS for the term specified on the webpage of the store where YOU purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription or package) to Use the TRENTOS;
- “Hensoldt Cyber” Hensoldt Cyber GmbH, Willy-Messerschmitt-Strasse 3, 82024 Taufkirchen Germany with chamber of commerce registration number HRB236520, District Court of Munich and VAT number DE315880109;
- “LICENSED SOFTWARE” means a software product accompanying this LICENSE (or is obtained electronically for use under this LICENSE) that includes computer software in binary and source code form, other information and documentation in its then current release version and can be identified as a part of TRENTOS;
- “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software
(a) be disclosed or distributed in source code form, and
(b) be licensed for the purpose of making and/or distributing derivative works is provided under the terms of the license of origin, and
(c) be redistributable at no charge;
- “TRENTOS” the software application as well as components and/or all of the contents of the files and/or other media, including software setup files, licensed to YOU by Hensoldt Cyber, including any Updates and excluding free and open source software components.
- “Updates” any modified versions of TRENTOS within major releases of the software comprising corrections and minor functional changes. (excluding upgrades of the TRENTOS);
- “Upgrades” major releases of TRENTOS adding functions, features and corrections.
- “Use” the access, download, install, copy or get benefit from using the TRENTOS in accordance with the documentation;
- “YOU” YOU, the final and ultimate user of the TRENTOS or the authorized representative of a company or other legal entity that will be the final and ultimate user of the TRENTOS, and the company or other legal entity that will be the final and ultimate user of the TRENTOS, as and if applicable.
3. General
- This EULA applies to any licenses granted to You by Hensoldt Cyber for the use of the TRENTOS.
- By purchasing a License and/or downloading and using the TRENTOS, YOU enter into this EULA with Hensoldt Cyber without reservation.
- This EULA may be modified from time to time. Hensoldt Cyber will notify you of such modifications on its website or otherwise.
4. License
- Hensoldt Cyber grants YOU a non-exclusive, non-transferable, limited, revocable license to Use the TRENTOS in accordance with this EULA. Hensoldt Cyber reserves all rights not expressly granted to YOU.
- Hensoldt Cyber is and remains the owner of any intellectual property rights with respect to the TRENTOS. You shall not acquire any ownership to the TRENTOS as a result of YOUR purchase of the License or YOUR Use of the TRENTOS.
5. License versions
Hensoldt cyber defines four possible ways to purchase the TRENTOS:
- Academic Version
- Intended use-cases
- Instruction – Academic institutions and their members, employees and staff as well as private persons gain access to TRENTOS software licenses for reduced costs for the purpose of classroom instruction.
- Research – Academic institutions and their members, employees and staff as well as private persons gain access to TRENTOS software licenses for reduced costs as a part of their non-commercial research projects.
- Specific license terms
- Each instructor of qualified courses requires one license. Students taking qualified courses can also install program software on their personal computers for the term of said courses plus 120 days.
- The program software can be installed in research labs as well as on the personal computers of faculty and students involved in research projects. Each installation requires one license.
- Binaries generated by the LICENSED SOFTWARE do not require runtime licenses given that they are used in temporary academic applications for the purpose of instruction and research.
- The software shall only used within the organization purchasing the license. Binaries generated by the LICENSED SOFTWARE may not be distributed outside of the organization purchasing the license.
- Evaluation Version
- Intended use-case
- Evaluation – any non-academic, commercially acting company, institution or user using the TRENTOS is dealt with as a commercial customer. They gain access to TRENTOS Evaluation by purchasing an evaluation license to evaluate and test the program software for customer´s internal evaluation purposes only.
- Specific license terms:
- The program software can be installed on any personal computer within the organization purchasing the license. Each installation requires one license.
- Binaries generated by the LICENSED SOFTWARE do not require runtime licenses given that they are used temporarily for the purpose of evaluation and testing. With each license a maximum number of three devices may be used with binaries at any given time in parallel.
- The program software shall only be used within the organization purchasing the license. Binaries generated by the LICENSED SOFTWARE may not be distributed outside of the organization purchasing the license.
- Full Version
- Intended use-case
- Commercial – any non-academic, commercially acting company, institution or user using the TRENTOS is dealt with as a commercial customer. They gain access to TRENTOS by purchasing a commercial license. The program software can be installed on any personal computer. There are no restrictions regarding focus and use case.
- Specific license terms:
- Program software can be installed on any personal computer within the organization purchasing the license. Each installation requires one license.
- Binaries generated by the LICENSED SOFTWARE do not require runtime licenses given that they are used temporarily for the purpose of development and testing. With each license a maximum number of three devices may be used with binaries at any given time in parallel.
- Software shall only be used within the organization purchasing the license. Binaries generated by the LICENSED SOFTWARE may be distributed outside of the organization purchasing the license, also for commercial purposes. Each binary running on a device requires one runtime license.
- Runtime license
Each Binary generated by the LICENSED SOFTWARE running on an embedded device requires one runtime license, unless included in the academic license, evaluation license or full license as specified above.
6. Permitted use and restrictions
By copying (except for the sole purpose of making a backup copy), using, modifying, or distributing all or part of YOUR copy of the LICENSED SOFTWARE YOU accept all the terms and conditions of this LICENSE.
- Hensoldt Cyber may modify the TRENTOS at any time at its sole discretion and without prior notice to YOU, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
- Certain components of the TRENTOS are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions.
- License Grant
Subject to the restrictions and conditions in Clause 4 below and to third party intellectual property claims YOU MAY for commercial or non-commercial purposes on a world-wide, non-exclusive and perpetual basis (subject to clauses in chapter 11).
- make ADAPTATIONS of the LICENSED SOFTWARE in binary or source code form.
ADAPTATIONS means any work (i.e. code, document, etc.) based on the LICENSED SOFTWARE or any part of it, for example
- any work incorporating the LICENSED SOFTWARE or any part of it,
- any work incorporating any modified form of the LICENSED SOFTWARE or any part of it (e.g. where the LICENSED SOFTWARE is rewritten in a different computer language or converted to operate on a different type of CPU), or
- any work otherwise covered by any of Hensoldt Cyber’ or any third party’s intellectual property rights in the LICENSED SOFTWARE.
- YOU are not obliged to make ADAPTATIONS of the LICENSED SOFTWARE public.
- use and copy the LICENSED SOFTWARE and/or ADAPTATIONS in binary or source code form provided that each copy of the LICENSED SOFTWARE and ADAPTATIONS shall retain all existing copyright notices in files and directories. Where non-trivial extracts are taken from the LICENSED SOFTWARE YOU must ensure the extracts contain appropriate copyright notices based on the existing copyright notices pertaining to the files and/or directories from which the extracts were taken including a reference to this LICENSE.
- distribute the LICENSED SOFTWARE or ADAPTATIONS in binary form (including INSTALLATIONS as defined hereinafter), however, limited to the appropriate number of valid RUNTIME PERMITS for that distribution. “RUNTIME LICENSE” means a worldwide, perpetual, non-exclusive right to (a) reproduce the LICENSED SOFTWARE in its then current and any later release version and (b) distribute one copy thereof per each RUNTIME LICENSE for incorporating the LICENSED SOFTWARE or ADAPTATION in one computing device or system (“INSTALLATION”). The RUNTIME LICENSE can be ordered in single units.
- choose to offer and to make a charge for support, warranties, indemnity or liability obligations (“Additional Terms”) provided always that YOU may only offer such Additional Terms on YOUR own behalf and as YOUR exclusive responsibility and not on behalf of HENSOLDT Cyber. If YOU offer Additional Terms YOU must offer them under an agreement of YOUR own separate from this one and YOU hereby agree to indemnify, defend hold harmless HENSOLDT Cyber its employees and agents for any liability arising directly or indirectly as a result of any such Additional Terms.
- License Restrictions and Conditions
Notwithstanding Clause 3 above YOU MAY NOT:
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License;
- Use for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the TRENTOS;
- distribute copies of any source code in the LICENSED SOFTWARE to other individuals or organizations outside YOUR organization (including your subsidiaries and subcontractors) except where the distribution is under the terms of the FREE SOFTWARE LICENSE,
- allow distribution of more binary copies of the LICENSED SOFTWARE than the number of RUNTIME PERMITS purchased by YOU from Hensoldt Cyber except where that distribution is under the terms of the FREE SOFTWARE LICENSE or the LICENSED SOFTWARE does not require such payments.
7. Maintenance and support
- Hensoldt Cyber will notify YOU by e-mail or on our website of any available Updates and upgrades, unless YOU have purchased the Evaluation version.
- YOU are not entitled to receive updates and upgrades free of charge, if YOU have purchased the Evaluation version or Academic version.
- YOU will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License for the Full version. In order to receive Updates after this twelve months’ period, YOU will need to renew your License for the Full version.
- YOU may need to pay an additional fee in order to be able to download an upgrade.
- Any maintenance and support provided by Hensoldt Cyber, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any expressed or implied warranty, as soon as reasonably practicable, subject to availability of adequate personnel resources.
8. Privacy and use of data
- Hensoldt Cyber and its subsidiaries may periodically collect and use technical and related data concerning the TRENTOS YOU have licensed, including about the version number of the TRENTOS YOU have installed and about the system YOU have installed the TRENTOS on. Hensoldt Cyber will use such data to facilitate maintenance and support with respect to the TRENTOS, to improve its products and to provide further services or technologies to YOU.
- Hensoldt Cyber may process personal data with respect to YOU, if and to the extent necessary to provide the License, to provide maintenance and support to YOUwith respect to the TRENTOS and to comply with its obligations under this EULA. To the extent Hensoldt Cyber will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement (available at https://hensoldt-cyber.com/data-privacy-statement/) for more details on the processing of YOUR personal data that Hensoldt Cyber may have collected and received through its products, services or website https://hensoldt-cyber.com.
9. Disclaimer
- YOU use the TRENTOS at YOUR own risk and the entire risk as to satisfactory quality, performance and accuracy is solely with YOU.
- The TRENTOS and accompanying documentation are provided on an “as is” and “as available” basis without any warranty – express or implied – of any kind, and Hensoldt Cyber specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Hensoldt Cyber, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and YOU may not rely upon such information or advice.
10. Liability limitation
- The liability of Hensoldt Cyber and any third party that has been involved in the creation, production, or delivery of the TRENTOS for all damages arising out of or in any way relating to the Full version, the Evaluation version, the Academic version or the Runtime License, the TRENTOS and/or this EULA shall in no event exceed the total amount of the price initially paid for the license.
- Hensoldt Cyber and any third party that has been involved in the creation, production, or delivery of the TRENTOS are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the TRENTOS).
- The limitations of liability referred to in clause 10.1 and 10.2 shall not apply in the event that: (i) any negligence on the part of Hensoldt Cyber leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Hensoldt Cyber or the management of Hensoldt Cyber.
- Liability issues resulting from the modification of TRENTOS must be borne by the user. Liability issues for Hensoldt Cyber GmbH are explicitly excluded.
11. Termination
- This EULA will continue to be in force until the expiry of the the Academic version.
- The Full version, the Evaluation version, the Academic version or the Runtime License will terminate automatically at the end of the applicable license term, unless renewed to the end of the applicable license term.
- Hensoldt Cyber is entitled to terminate the Full version, the Evaluation version, the Academic version or the Runtime License by blocking the License during the license term with immediate effect and without prior notice in the event YOU fail to comply with the terms in this EULA, in the event YOU fail to pay YOUR (license) fee for the License within the applicable payment term, in the event YOUR (subscription or license) fee for YOU as Contributor has been failed to pay within the applicable payment term, or in the event Hensoldt Cyber is required to do so by law or an order of an competent applicable court.
- Upon termination of the Full version, the Evaluation version, the Academic version or the Runtime License, YOU shall cease all use of the TRENTOS.
- YOU acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
12. Governing law and disputes
- This EULA shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules.
- Any dispute between Hensoldt Cyber and You shall exclusively be submitted to the competent court in Munich, Germany.
Data Privacy Statement
Thank you for your visit and for your interest in our website www.hensoldt-cyber.com and its web pages. We the HENSOLDT Cyber GmbH and its subsidiaries (referred to as ‘HENSOLDT Cyber’) greatly appreciate your interest in our products and services and your visit to our website. As your privacy is of great importance to us, we are committed to protecting your data so that you can feel secure when visiting our website.
This Privacy Policy is intended to inform you about the manner in which we process and protect your personal data based on the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Personal data are data that can be used to identify individuals. It makes no difference whether individuals can be identified on the basis of a single piece of information. The more information and data can be aggregated, the more precisely an individual may be identified. Personal data include, for example, a person’s name, address, age, email address and telephone number.
1. Controller Responsible For Data Collection
If you have any questions, requests for information, applications, complaints or criticism with regard to our data protection measures, please contact:
HENSOLDT Cyber GmbH
Willy-Messerschmitt-Strasse 3
82024 Taufkirchen
Germany
Email: info@hensoldt-cyber.com
We have appointed a data protection officer in order to ensure compliance with data protection requirements. You have the option of contacting this officer directly if you have any questions regarding the processing of your personal data.
HENSOLDT Cyber
E-Mail: dataprotection@hensoldt.net
2. Collection, Processing And Storage Of Personal Data Via HENSOLDT Cyber
HENSOLDT collects, processes and stores your personal data solely if this is permitted by law or if you consent to it. We obtain these data in two ways: either you provide them to us or we collect them when our services are used.
2.1 Data That You Provide To Us
You can generally use our website without providing us with personal information. We do request personal information from you for some services so that we can process the respective service quickly and in a user-friendly manner or so that we can offer the service in the first place. Further details on all of the services offered by HENSOLDT on this website are contained in the ‘Individual services’ section of this Privacy Policy.
2.2 Data That We Obtain Through Your Use Of Our Services
Some data are automatically collected for technical reasons when you visit our website. These data are stored temporarily in a log file. The following information is collected as part of this, without any action on your part, and stored until automatic erasure:
- IP address of the requesting computer
- Date and time of access
- Name and URL of the retrieved file
- Website from which access is made (referrer URL)
- Browser used and, where applicable, your computer’s operating system as well as the name of your access provider
We process the aforementioned data for the following purposes:
- To ensure the straightforward establishment of a connection to the website
- To ensure the ease of use of our website
- To evaluate system security and stability
The legal basis for the data processing is Art. 6(1)(1)(f) GDPR. Our legitimate interest is derived from the processing purposes listed above. We never use the collected data to draw conclusions about you. The aforementioned data are erased as soon as they are no longer necessary for achieving the purpose for which they were collected. We also use cookies when our website is visited. For more information on these, please refer to Section 3 of this Privacy Policy.
2.3 Disclosure Of Data
In principle, we do not transfer personal data to third parties. If, in individual cases, data are transferred to a third party, you will find the relevant information in this Privacy Policy. We take appropriate measures and carry out regular checks to ensure that the data we collect cannot be viewed or accessed by unauthorized external parties.
3. Use Of Cookies
3.1 Definition
‘Cookies’ are small files automatically created by your browser and stored on your end device (laptop, tablet, smartphone, etc.). Cookies are used to store information that arises in connection with the specific end device used. This does not mean that we can thereby identify you directly. Cookies are used to make our website more user-friendly for you. A distinction is made between the types of cookies below.
3.1 Types Of Cookies
Essentially necessary cookies are those used for the functionality of a website and are therefore key to navigate and operate as well as usability.
Preference cookies enable a website to remember information that changes the way a website behaves or looks, e.g. the region that you are in.
Statistic cookies allow the number of visitors and traffic sources to be logged and counted in order to measure and improve website performance. They are also used to find out if certain pages have problems or errors, which pages are the most popular and how visitors navigate the website.
Marketing cookies are used to track visits and individual activities on websites and to deliver targeted and other advertising.
In your browser, you can view the cookies that are stored on your computer, delete any cookies that have been set or change your settings to opt out of some or all cookies. Please note that some web functions may not work (properly) if you opt out of cookies or deactivate the cookie option.
3.2 Use Of Cookies On Our Website
The data processed by the cookies required to operate a website are necessary for the purposes of our legitimate interests pursuant to Art. 6(1)(f)GDPR. We also process personal data in relation to cookies with your consent pursuant to Art. 6(1)(a)GDPR. A cookie banner is displayed the first time you visit our website. This informs you which cookies are set by us or our third-party providers in which category, the purpose for which they are used and for how long they persist. You can also use this banner to make your own choices regarding whether to allow all categories, only certain categories or only strictly necessary cookies. You may change or withdraw your consent to the use of cookies at any time on our website. Please see below which consent you have currently given and which cookies are set by us and our third-party providers in which categories:
This website uses cookies. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.
Cookies are small text files that can be used by websites to make a user’s experience more efficient.
The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.
This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.
You can at any time change or withdraw your consent from the Cookie Declaration on our website.
Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy.
Please state your consent ID and date when you contact us regarding your consent.
Your consent applies to the following domains: hensoldt-cyber.com
Your current state: Allow all cookies.
Your consent ID: pupDOBp00e94mNB7E3RjTreQbjTvmxAulqC5KM4MwigMFkXt9R1R+A==Consent date: Monday, December 7, 2020, 11:22:21 AM GMT+1
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Cookie declaration last updated on 10.11.20 by Cookiebot:
Necessary (6)
Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
Name |
Provider |
Purpose |
Expiry |
Type |
CookieConsent |
Cookiebot |
Stores the user’s cookie consent state for the current domain |
1 year |
HTTP Cookie |
cookies.js |
hensoldt-cyber.com |
Determines whether the visitor has accepted the cookie consent box. This ensures that the cookie consent box will not be presented again upon re-entry. |
Session |
HTTP Cookie |
elementor |
hensoldt-cyber.com |
Used in context with the website’s WordPress theme. The cookie allows the website owner to implement or change the website’s content in real-time. |
Persistent |
HTML Local Storage |
t.gif |
Automattic |
Ensures that product pictures are presented correctly on website. |
Session |
Pixel Tracker |
wc_cart_hash_# |
hensoldt-cyber.com |
Pending |
Persistent |
HTML Local Storage |
wc_fragments_# |
hensoldt-cyber.com |
Pending |
Session |
HTML Local Storage |
Statistics (4)
Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
Name |
Provider |
Purpose |
Expiry |
Type |
_ga |
hensoldt-cyber.com |
Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
2 years |
HTTP Cookie |
_gat |
hensoldt-cyber.com |
Used by Google Analytics to throttle request rate |
1 day |
HTTP Cookie |
_gid |
hensoldt-cyber.com |
Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
1 day |
HTTP Cookie |
mailchimp_landing_site |
hensoldt-cyber.com |
Used to register how the user entered the website – This function is provided by Mailchimp. |
27 days |
HTTP Cookie |
Marketing (14)
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
Name |
Provider |
Purpose |
Expiry |
Type |
IDE |
Google |
Used by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user. |
1 year |
HTTP Cookie |
test_cookie |
Google |
Used to check if the user’s browser supports cookies. |
1 day |
HTTP Cookie |
tk_lr |
hensoldt-cyber.com |
Collects data on visitors’ preferences and behaviour on the website – This information is used make content and advertisement more relevant to the specific visitor. |
1 year |
HTTP Cookie |
tk_or |
hensoldt-cyber.com |
Collects data on visitors’ preferences and behaviour on the website – This information is used make content and advertisement more relevant to the specific visitor. |
5 years |
HTTP Cookie |
tk_r3d |
hensoldt-cyber.com |
Collects data on visitors’ preferences and behaviour on the website – This information is used make content and advertisement more relevant to the specific visitor. |
2 days |
HTTP Cookie |
tk_tc |
hensoldt-cyber.com |
Collects data on visitors’ preferences and behaviour on the website – This information is used make content and advertisement more relevant to the specific visitor. |
Session |
HTTP Cookie |
VISITOR_INFO1_LIVE |
YouTube |
Tries to estimate the users’ bandwidth on pages with integrated YouTube videos. |
179 days |
HTTP Cookie |
YSC |
YouTube |
Registers a unique ID to keep statistics of what videos from YouTube the user has seen. |
Session |
HTTP Cookie |
yt-remote-cast-installed |
YouTube |
Stores the user’s video player preferences using embedded YouTube video |
Session |
HTML Local Storage |
yt-remote-connected-devices |
YouTube |
Stores the user’s video player preferences using embedded YouTube video |
Persistent |
HTML Local Storage |
yt-remote-device-id |
YouTube |
Stores the user’s video player preferences using embedded YouTube video |
Persistent |
HTML Local Storage |
yt-remote-fast-check-period |
YouTube |
Stores the user’s video player preferences using embedded YouTube video |
Session |
HTML Local Storage |
yt-remote-session-app |
YouTube |
Stores the user’s video player preferences using embedded YouTube video |
Session |
HTML Local Storage |
yt-remote-session-name |
YouTube |
Stores the user’s video player preferences using embedded YouTube video |
Session |
HTML Local Storage |
Unclassified (3)
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
Name |
Provider |
Purpose |
Expiry |
Type |
bp-activity |
hensoldt-cyber.com |
Pending |
Session |
HTML Local Storage |
bp-members |
hensoldt-cyber.com |
Pending |
Session |
HTML Local Storage |
rfqtk_wp_session_97775ba09eac63b5dcc98a94b2f779b9 |
hensoldt-cyber.com |
Pending |
Session |
HTTP Cookie |
4. Individual Services
4.1 Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses marketing cookies to analyze your usage of the website. The information generated by such cookies about your use of this website is usually transmitted to and stored on a Google server in the USA. IP anonymisation has been activated on this website, which means that your IP address is truncated beforehand by Google within European Union (EU) member states and other countries which are contracting parties to the Agreement on the European Economic Area. Full IP addresses are only transmitted to a Google server in the USA and truncated there in exceptional cases. On behalf of the operator of this website, Google uses this information to analyze how you use the website, to compile reports on the website activity and to provide other services relating to the use of the website and Internet usage for the website operator. The IP address transmitted by your browser within the scope of the Google Analytics service is not associated with other Google data. Google Analytics cookies are only stored if you have selected the ‘Allow all cookies’ option in the cookie banner. You may also prevent the data generated by a cookie based on your usage of the website (including your IP address) being transmitted to and processed by Google by downloading and installing the browser plugin available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
4.2 YouTube
YouTube, an online video portal provided by Google Ireland Limited, Gordon House, 4 Barrow St., Dublin, D04 E5W5, Ireland (hereinafter referred to as ‘Google’) is used on this website. YouTube enables video publishers to upload video clips, free of charge, and other users to view, rate and comment on these, also free of charge. YouTube permits the publication of all kinds of videos, which is why entire movies and TV programmes as well as music videos, trailers and user home videos can be accessed via the web portal. Each time individual pages of this website operated by the controller responsible for the processing and into which a YouTube component (YouTube video) has been integrated are accessed, the browser on the data subject’s information technology system is automatically prompted by the respective YouTube component to download a corresponding version of the YouTube component from YouTube. Further information on YouTube is available at www.youtube.com/yt/about/de/. During this technical process, YouTube and Google gain knowledge of which specific subpage of our website was visited by the data subject. If the data subject is logged into YouTube at the same time, YouTube recognizes which specific subpage of our website was visited by the data subject when a subpage containing a YouTube video is visited. This information is collected by YouTube and Google and associated with the YouTube account of the respective data subject. YouTube and Google are therefore always informed via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the same time they visit our website; this occurs regardless of whether or not the data subject clicks on a YouTube video. If the data subject does not wish such information to be transferred to YouTube and Google, they can prevent this by logging out of their YouTube account before they visit our website.
YouTube’s published Privacy Policy, available at http://www.google.de/intl/de/policies/privacy/, provides information on how YouTube and Google collect, process and use personal data.
4.3 Applicant Portal
On our website we offer you an applicant portal. In addition to the classic postal service, you can send us your application documents in this way. The use of this portal is voluntary. We have carefully selected the responsible service provider and are committed to data protection. The data transfer is secured by the most secure encryption method available in your browser. All personal information that you send us in this way will be processed with the tool Recruitee, provided by Recruitee B.V., Keizersgracht 313, 1016 EE Amsterdam, Niederlande. You can find further information about Recruitee’s data processing and data protection at: https://recruitee.com/en/privacy
In addition to your name and contact details, this includes information on your educational background, qualifications and previous employers. This data will only be processed by the above-mentioned person responsible (HENSOLDT Cyber GmbH) and will not be passed on to third parties. It is only passed on within the company for the purpose of checking suitability for the advertised position. The processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR in conjunction with § 26 BDSG for the possible establishment of an employment relationship. In regard to your personal data, you have in accordance to Art. 12 – 23 GDPR the following rights:
- Right to information (Art. 5)
- Right to correction or deletion (Art. 16 and 17)
- Right to data restriction (Art. 18)
- Right to data portability (Art. 20
To do so, please contact our data privacy department.
We only keep your data for as long as necessary for the application process. If no employment contract is concluded on the basis of your application, we will delete your data at the latest 180 days after completion of the process, provided that there is no other legal basis and no legitimate interest. Our legitimate interest in accordance with Art. 6 Para. 1 letter f GDPR for the storage is based on the securing of a possible burden of proof in proceedings under the General Equal Treatment Act (AGG). If an employment contract is concluded on the basis of your application, your application documents will be stored in your personnel file for up to ten years after leaving our company for the purpose of processing the employment relationship in compliance with the statutory provisions (Art.88 in conjunction with § 26 BDSG).
4.4 Online Shop
On our website we offer you an online shop. In addition to the classic postal service, you can send us your requests by this mean. The use of the online shop is voluntary. We have carefully selected the responsible service provider and are committed to data protection. The data transfer is secured by the most secure encryption method available in your browser. If no order is concluded on the basis of our offer or your order, we will delete your data at the latest 180 days after initial contact, provided that there is no other legal basis and no legitimate interest. Our legitimate interest in accordance with Art. 6 Para. 1 letter f GDPR for the storage is based on the securing of a possible regulatory matter. If an order is concluded on the basis of your request, all details connected to the order will be stored in our customer file for up to ten years for the purpose of accounting matters. According to Art. 6 Para. 1 lit. b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by sending a message to the address of the person responsible mentioned above. We save and use the data you have provided to process the contract. After the contract has been fully processed or your customer account has been deleted, your data will be blocked with due regard to tax and commercial retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or we reserve the right to further use your data as permitted by law.
Data processing for order processing
To process your order, we work together with the following service provider (s) who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information. The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution as part of the payment processing, if this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for forwarding the data is Article 6 Paragraph 1 lit. b GDPR. In order to fulfill our contractual obligations towards our customers, we work together with external shipping partners. We give your name and your delivery address exclusively for the purpose of delivering goods, Art. 6 Para. 1 lit. b GDPR to a shipping partner selected by us.
Matrium – Fulfillment provider
If the goods are delivered by the transport service provider Matrium (HENSOLDT Cyber GmbH c/o Matrium, Willy-Messerschmitt-Straße 3, 82024 Ottobrunn, Germany), we will give your e-mail address in accordance with Art. 6 Para. 1 lit. a GDPR to DHL before delivery of the goods for the purpose of agreeing a delivery date or to announce delivery, provided that you have given your express consent in the ordering process.
4.5 Social Media Sites
We also offer you comprehensive personal support and the option to remain in contact with us via our social media pages (LinkedIn, YouTube) based on Art. 6(1)(1)(f) GDPR. These social media services themselves collect personal data in certain circumstances, e.g. via your profile stored there. It cannot be ruled out that each visitor to these sites may be logged by the aforementioned companies. For information about the purpose and scope of the data collection and the further processing and use of the data by these companies as well as your related rights and settings that may be used to protect your privacy, please refer to the privacy policies of:
LinkedIn: https://www.linkedin.com/legal/privacy-policy
YouTube: https://policies.google.com/privacy?hl=de&gl=de
4.6 Social Media Plugins
We use the following social media plugins on our website:
If you access one of our web pages that contain such a plugin, your browser establishes a direct connection to the servers of the respective companies. The plugin content is transferred directly from these to your browser and integrated into the website. Therefore, we have no influence on the amount of data collected by the respective companies with the help of these plugins. We therefore wish to inform you of the following based on the information available to us: By integrating the plugins, the respective companies receive information that you have accessed the relevant page of our web presence. If you are logged in to one of the companies mentioned above, they may assign the visit to your account there. If you interact with the plugins, the corresponding information is transferred directly from your browser to the respective company and stored there. If you do not have an account with one of the aforementioned companies, it is still possible that they may find out and store your IP address. Therefore, it cannot be ruled out that any visitor to our web presence may be logged by the aforementioned companies on the basis of their IP address and the URL accessed, even if they do not click on the plugins and are not logged into a user account with the respective company either. If you no longer wish to be shown ads based on data collected by AddThis, you can use the opt-out button at http://www.addthis.com/privacy/opt-out.
This sets an opt-out cookie which you should not delete if you wish to maintain this set-up. For information about the purpose and scope of the data collection and the further processing and use of the data by these companies as well as your related rights and settings that may be used to protect your privacy, please refer to the privacy policies of:
LinkedIn: https://www.linkedin.com/legal/privacy-policy
YouTube: https://www.linkedin.com/legal/privacy-policy
4.7 Google Maps
Within our website we implemented Google Maps to display our exact location and offer routing options to you. It is a service provided by Google Ireland Limited, Barrow Street, Dublin 4, Ireland, here forth referred to as ‘Google’. Google guarantees to comply with European law and the guidelines of GDPR even when processing data in the US. Google is certified with the EU-US Privacy Shield. For displaying of certain lettering styles, a connection to US-Google-Servers is established on our website. Providing that you make use of the embedded Google Maps components on our web appearance, Google will store a cookie on your device via your browser. To display our location and provide online directions on how to get to us, your user data and preferences are being processed. We cannot exclude the possibility of Google using US-Servers. Based on Art. 6(1)(1)(f) GDPR, we are practicing our legitimate right to optimize the functionality of our web appearance. By analyzing the established connection, Google may be able to identify which website is sending the data and to which IP-address the route is to be transferred. All use of Google Maps and of information received through Google Maps, happens according to Google’s terms of use https://policies.google.com/terms?gl=DE&hl=de and Google’s standard business conditions https://www.google.com/intl/de_de/help/terms_maps.html.
4.8 Newsletter
To register for our newsletter we collect your email-address with the tool Mailchimp provided by The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA. After registration you will receive a confirmation via the email-address provided, in which you will have to re-confirm to receive the newsletter in the future (so called Double-Opt-In). This procedure is a verification, that the registration to our newsletter has been initiated by yourself. Basis for receiving the newsletter is your consent (Art. 6(1)(1)(a) GDPR). You have the right to withdraw your consent without reason, by clicking on the link at the end of any of our newsletters.
4.9 Contact Form
By using our contact form on the website the following personal data are collected:
- E-Mail address
The information and details with your inquiry will stored and processed for the handling of your query only and are not being transferred in any way without further consent. Hence the processing of the data provided via the contact form is based your consent and thereby Art. 6(1)(1)(a) GDPR). You have the right to object and to withdraw your consent anytime. The legitimacy of processing prior to withdrawal will remain unaffected. We save and use the data you have provided to process the query. After the query has been fully processed, your data will be blocked with due regard to tax and commercial retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or we reserve the right to further use your data as permitted by law.
4.10 Support Portal
By using our online shop or our contact form on our website, you can contact us and provide information on any questions around our products that you encounter during use. The information and details with your inquiry will be stored and processed for the handling of your request only and are not being transferred in any way without further consent.
Therefore, we collect your email address or forward it from our online shop or the contact form to our JIRA Service Desk application that we host and manage ourselves. Hence the processing of the data provided via the contact form or the order process within the online shop is based on your consent and thereby Art. 6(1)(1)(a) GDPR).
We save and use the data you have provided to process the contract. After the contract has been fully processed or your customer account has been deleted, your data will be blocked with due regard to tax and commercial retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or we reserve the right to further use your data as permitted by law.
4.11 Blog With Comments
We offer a Blog on our website, in which you have the feature to leave a comment. We there ask for your name and email-address. Both makes conversation and discussions more personal. Also comments and answers are easier to connect. By giving your email-address you will be informed as soon as there has been a reaction to your post. All information is voluntary, so you do not have to give details. Instead of your name the blog will display ‘anonymous’ with your comment. Also, by leaving a comment, your IP-Address will be stored by your browser. Another function allows the user, to save the data provided until your next visit of our blog. The storage of this data is only after you consent. By activating the box, the site will save a cookie with the user data. This consent can also be withdrawn any time by sending us an informal email. The legitimacy of processing prior to withdrawal will remain unaffected.
5. Your Rights
Of course, you retain control over all personal data that you provide to us when you visit the website and use our services. You have the following rights which you may assert free of charge.
5.2 Right Of Access
You have the right at all times to obtain information regarding your personal data stored by us.
5.3 Right To Withdraw Of Consent Given
You have the right to withdraw consent you have given to the processing of your personal data at any time with future effect. In the event of a withdrawal, we will erase the data concerned without undue delay provided there is no legal basis that would support further processing. Your withdrawal of consent does not affect the lawfulness of any processing performed on the basis of this consent before such consent was withdrawn.
5.4 Right To Object
If we process your personal data in the context of a consideration of interests based on our overriding legitimate interests, you have the right to object, on grounds relating to your particular situation, at any time to this processing with future effect. If you assert your right to object, we stop processing the data concerned. However, we reserve the right to continue processing if we can provide documentary proof of compelling legitimate grounds for the processing which override your interests, fundamental rights and freedoms or if the processing is necessary for the assertion, exercise or defense of legal claims. Where we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing.
5.5 Right To Data Portability
You have the right to request that we transfer your personal data to another entity.
5.6 Right To Rectification, Erasure Or Restriction Of Processing
You have the right to have your personal data rectified or erased or to restrict the processing thereof.
5.7 Right To Lodge A Complaint
You have the right to lodge a complaint with a supervisory authority or our company if you have a reason for a complaint. If you wish to assert rights vis-à-vis our company, please reach out to the contacts listed at the start of this Privacy Policy.
6. Period Of Storage
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After that period has expired, the corresponding data are routinely erased if they are no longer necessary for the achievement of the required purposes.
7. Automated Decision-Making
There is no automated decision-making based on the personal data collected.
8. Data Security
We use the popular SSL (Secure Socket Layer) method in combination with the highest encryption level supported by your browser.
A whole key or closed padlock icon in your browser’s upper status bar indicates whether individual pages of our web presence are transmitted in encrypted form.
Generally, we use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction and unauthorized third-party access. We continuously improve our security measures in line with technological advancements.