The following General Terms and Conditions govern the use of the www.soventix.com website and all associated webpages.
Soventix GmbH provides all facts and information on this webpage to the best of its knowledge and belief and undertakes no liability in respect of these pages. We reserve the right to make changes or add information at any time without prior notification. The content of this website is solely for information purposes and is not intended to constitute a recommendation for investment nor is it a solicitation to subscribe to, buy or sell securities. Soventix GmbH shall undertake no liability whatsoever for loss in connection with this webpage or the information provided. This applies particularly to any eventual loss arising in connection with the shares of Soventix GmbH. Soventix GmbH undertakes no liability for any technical failure or loss resulting from the incorrect processing of data retrieved by the user. Similarly, Soventix GmbH will not be held liable for losses caused by computer viruses through accessing or downloading data from these webpages.
Disclaimer in respect of forward-looking statements
Some of the statements on these webpages concern future developments and include projections. Although Soventix GmbH assumes that statements made on these webpages are appropriate and well-founded, reference is made to the fact that, by their nature, these forward-looking statements harbor risk and uncertainty. Actual developments may therefore substantially diverge from the expectations and assumptions made. Alongside other reasons not cited here, changes may result from influencing factors in the general economic environment and the competitive situation, the development of the financial markets and exchange rates, as well as owing to amendments to national and international law, particularly those pertaining to tax law. Soventix GmbH assumes no obligation to update forward-looking statements.
Links to third-party websites
Our offering includes links to external websites of third parties, the content of which Soventix GmbH cannot influence. A link to another website is to be viewed merely as an aid and does not imply that Soventix GmbH endorses or approves the webpages or the products or services described on these pages. For this reason, Soventix GmbH undertakes no liability for this third-party content. The providers or operators of the linked sites are responsible for their respective content. These sites were reviewed for potential infringement of the law at the time when the hyperlink was set up. No unlawful content was ascertained at the time of linking. Permanent monitoring of the content of the linked pages is, however, unfeasible without concrete evidence of unlawful content. If it gains knowledge of infringements of the law, Soventix GmbH will remove such links immediately.
The content of this website is subject to German copyright law. Contributions made by third parties are indicated as such. Replication, processing, dissemination and use of any sort beyond the scope of copyright law requires the written consent of the respective author or originator. Downloads and copies sourced from these pages are only permitted for private use and not for any commercial purpose.
Any personal data (name, address or e-mail address, for instance) collected on the website of Soventix GmbH will be carried out on a voluntary basis, as far as possible. The use of the offers and services is, wherever possible, always enabled without requiring personal data. The use of contact data published as part of our Legal Notice obligation by third parties for the purpose of sending advertising materials and information not specifically requested is herewith expressly prohibited. Soventix GmbH explicitly reserves the right to take legal measures in the case of unsolicited sending of advertising material such as, for example, through spam e-mails.
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 SOVENTIX GmbH. The use of the Internet pages of the SOVENTIX 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 SOVENTIX 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 SOVENTIX 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.
The data protection declaration of the SOVENTIX 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.
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.
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.
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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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.
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:
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
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.
5. Collection of general data and information
The website of the SOVENTIX 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 SOVENTIX 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 SOVENTIX 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.
6. 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.
7. Contact possibility via the website
The website of the SOVENTIX 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.
8. 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.
9. 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 SOVENTIX GmbH, he or she may, at any time, contact any employee of the controller. An employee of SOVENTIX 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 SOVENTIX 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 SOVENTIX GmbH, he or she may at any time contact any employee of the controller. The employee of the SOVENTIX 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 SOVENTIX 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 SOVENTIX 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 SOVENTIX 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 SOVENTIX GmbH to the processing for direct marketing purposes, the SOVENTIX 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 SOVENTIX 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 SOVENTIX 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 SOVENTIX 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 SOVENTIX 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.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the SOVENTIX GmbH.
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).
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.
Data protection provisions about the application and use of Getty Images Photos
On this website, the controller has integrated components of the enterprise Getty Images. Getty Images is an American picture agency. A picture agency is an enterprise which provides images and other image material on the market. Generally, picture agencies market photographs, illustrations and footage. A picture agency licenses different customers, in particular Internet website operators, editors of print and television media and advertising agencies, the images used by them.
The operating company of the Getty Images components is Getty Images International, 1st floor, The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland.
Getty Images allows the embedding of stock images (where possibly free of charge). Embedding is the inclusion or integration of any specific foreign content, e.g. text, video or image data provided by a foreign website, and then appears on the own website. A so-called embedded code is used to embed. An embedded code is an HTML code that is integrated into a website from a website owner. When an embedded code is integrated by a website owner, the external content of the other website is displayed by default immediately, as long as a website is visited. To display third-party content, the external content is loaded directly from the other Internet site. Getty Images provides further information about the embedded of content under http://www.gettyimages.de/resources/embed.
Through the technical implementation of the embedded code, which allows the image display of the images of Getty Images, the IP address of the Internet connection, through which the data subject accesses our website, is transmitted to Getty Images. Further, Getty Images collects our website, browser type, browser language, and time and length of access. In addition, Getty Images may collect navigation information, which is information about which of our subpages have been visited by the data subject and which links have been clicked on, as well as other interactions that the data subject has carried out when visiting our website. This data may be stored and analyzed by Getty Images.
Further information and the applicable data protection provisions of Getty Images may be retrieved under https://www.gettyimages.de/company/privacy-policy.
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 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.
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/.
Data protection provisions about the application and use of Google-AdWords
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is 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, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
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.
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.
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.
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.
Payment Method: Data protection provisions about the use of Sofortüberweisung as a payment processor
On this website, the controller has integrated components of Sofortüberweisung. Sofortüberweisung is a payment service that allows cashless payment of products and services on the Internet. Sofortüberweisung is a technical procedure by which the online dealer immediately receives a payment confirmation. This enables a trader to deliver goods, services or downloads to the customer immediately after ordering.
The operating company of Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.
If the data subject chooses "immediate transfer" as the payment option in our online shop during the ordering process, the data of the data subject will be transmitted to Sofortüberweisung. By selecting this payment option, the data subject agrees to the transmission of personal data required for payment processing.
In the case of purchase processing via direct transfer, the buyer sends the PIN and the TAN to Sofort GmbH. Sofortüberweisung then carries out a transfer to the online merchant after technical verification of the account status and retrieval of additional data to check the account assignment. The online trader is then automatically informed of the execution of the financial transaction.
The personal data exchanged with Sofortüberweisung is the first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The transmission of the data is aimed at payment processing and fraud prevention. The controller shall immediately transfer other personal data, even if a legitimate interest in the transmission exists. The personal data exchanged between Sofortüberweisung and the controller shall be transmitted by Sofortüberweisung to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
Sofortüberweisung provides personal data to affiliated companies and service providers or subcontractors as far as this is necessary for the fulfillment of contractual obligations or data in order to be processed.
The data subject has the possibility to revoke the consent to the handling of personal data at any time from Sofortüberweisung. 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 Sofortüberweisung may be retrieved under https://www.sofort.com/eng-DE/datenschutzerklaerung-sofort-gmbh/.
10. 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).
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.
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.
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.
Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
General Terms and Conditions
§ 1 Applications of conditions (1) Our supplies, services and offers are based exclusively on these Terms and Conditions. Therefore, they also apply for all future business relationships, even if they were not once more explicitly agreed upon. These conditions are deemed accepted upon receipt of the goods or services at the latest. Counter confirmations of the customer under reference to his terms of business and/or purchase are hereby vetoed.
(2) All agreements made between the customer and us for the purpose of the execution of this agreement have to be documented in writing.
§ 2 Offer and formation of contract (1) Our offers are subject to change and non-binding. An agreement is only formed upon receipt of our written or faxed order confirmation.
(2) Our employees are not authorised to make verbal subsidiary agreements or verbal assurances beyond the content of the written agreement.
(3) The formation of contract occurs subject to the correct and on-time self-supply through our suppliers. This particularly applies in the event that we are not responsible for the non-delivery, especially in case of the conclusion of a congruent hedging transaction with our supplier. The customer shall be informed immediately regarding the non-availability of the service. The payment shall be reimbursed immediately.
(4) Drawings, illustrations, measurements, weights or other performance data are only binding if they are contained in the technical product description.
(5) We reserve ownership and copyrights to illustrations, drawings, calculations and other documents - including in electronic form. This particularly applies for documents which are labelled "confidential". The customer requires our express written permission prior to their transmission.
§ 3 Prices and payment conditions (1) Unless stipulated otherwise in the order confirmation, our prices apply "ex works" excluding packaging; packaging shall be invoiced separately.
(2) We reserve the right to adjust prices appropriately if cost decreases or increases occur after the conclusion of the contract, particularly due to tariff agreements or price changes for material. Upon request, we shall verify this to the customer.
(3) The deduction of a discount is only permissible upon special written agreement.
(4) The statutory regulations apply regarding the consequences of default of payment.
(5) We are entitled to initially off-set payments against the customer's older debt despite contrary instructions of the customer. We shall inform the customer regarding the type of the off-setting. If expenses and interest have already been incurred, we are entitled to initially offset the payment against the expenses, then the interest and lastly against the main performance.
(6) The customer is only entitled to off-setting if his counter claims were legally determined, are uncontested or accepted by us. He is furthermore entitled to a right of retention in as far as his counter claim is based on the same contractual relationship.
§ 4 Periods of delivery and performance (1) Delivery deadlines are only binding if they are confirmed by us in writing or by fax.
(2) We are not responsible for delays in delivery and performance due to force majeure and events which essentially complicate or prevent delivery not only temporarily - these particularly include strike, lock-out, official directives etc., even if they occur at our suppliers or their sub-suppliers or at other third parties commissioned by us for the fulfilment of contractual obligation - also in case of bindingly agreed deadlines. Such events entitle us to postpone the delivery and/or service for the duration of the impediment plus a reasonable start-up time or to completely or partially withdraw from the agreement with regard to the yet unfulfilled component.
(3) If the impediment lasts longer than three months the customer is entitled to withdraw from the agreement with regard to the yet unfulfilled component following a reasonable period of grace. If the period of delivery or performance is extended or if we are released from our obligation, the customer is not entitled to any compensation claims. We can only invoke the above mentioned circumstances if we have informed the customer without undue delay.
(4) If we are responsible for the non-compliance with bindingly agreed deadlines or if we are in delay, our liability is limited to half a percentage point of the invoice value (without VAT) of the deliveries and services affected by the delay for each completed week of delay, however to maximally five percentage points of the invoice value of the deliveries and services affected by the delay. Any further claims are excluded unless the delay is based on gross negligence.
(5) We are entitled to partial deliveries and partial services at any time unless the partial delivery or partial service is not reasonable for the customer.
(6) Compliance with our delivery and performance obligations is subject to the customer's timely and proper fulfilment of his obligations.
(7) If the customer is in default of acceptance we are entitled to demand compensation for damages incurred to us; the risk of accidental deterioration and accidental destruction is transferred to the customer at the moment of default of acceptance.
§ 5 Transfer of risk The risk is transferred to the customer as soon as the consignment is transferred to the person conducting the transport or has left our warehouse for dispatch. If the dispatch is delayed due to the customer's request, the risk is transferred to the customer upon notification of readiness for dispatch.
§ 6 Warranty (1) In principle, only the characteristics stipulated in the technical product descriptions apply regarding the quality of the goods. Public comments, promotions or advertising does not contain binding descriptions of the agreed quality of the goods. Calculations of profitability and profit forecasts contained therein merely represent calculation examples and are non-binding.
(2) Discolorations on modules which do not impede their functionality are not considered deviations from the agreed quality.
(3) Warranty claims of the customer imply that he has properly complied with his obligations regarding inspection and requirement to give notice of defects in accordance with § 377 HGB (German Commercial Code).
(4) If the goods exhibit a defect we are entitled to subsequent fulfilment in form of a remedy or to supply a new defect-free item at our discretion. In the event of remedy of defect we are obligated to bear all expenses, particularly transport, shipping, labour and material costs required for the purpose of the remedy unless they increase because the goods were shipped to a location other than that of the place of fulfilment.
(5) If the subsequent fulfilment fails, the customer is entitled to withdrawal or reduction at his discretion.
(6) The statute of limitations for warranty claims is 12 months calculated from the date of delivery of the defect item.
(7) The statute of limitations in case of delivery recourse according to §§ 478, 479 BGB (German Civil Code) remains unaffected.
(8) If the customer receives inadequate assembly instructions, we are merely obligated to supply adequate assembly instructions and only if the inadequacy of the assembly instructions prevents proper installation.
(9) Unless expressly specified otherwise in individual contracts, we give no guarantees. In case of the provision of guarantees or a extension of time to assert warranty claims, these shall only apply insofar as the commissioning, operation and maintenance requirements of the manufacturer are observed and no intervention by the customer or a third party is being made regarding the products delivered by us.
§ 7 Liability (1) We are liable according to the statutory regulations if the customer asserts compensation claims based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. If we are not guilty of intentional violation of contract, the liability for compensation is limited to the foreseeable, typical damage.
(2) We are liable according to the statutory regulations if we have culpably violated an essential contractual obligation; however, in this case the liability for compensation is limited to the foreseeable, typical damage.
(3) The liability based on culpable violation of life, body or health remains unaffected; this also applies to the mandatory liability according to the Product Liability Act.
(4) Unless stated differently above, our liability is excluded.
(5) The above liability exemptions and limitations also apply for non-contractual claims and if the customer demands compensation for futile expenses for the services instead of compensation for the damage according to § 284 BGB (German Civil Code).
(6) If our liability for compensation is excluded or limited, this also applies in terms of personal liability for compensation with respect to our employees, representatives and vicarious agents.
§8 Reservation of title (1) We reserve the right of ownership of the goods up to the receipt of all payments due to the business relationship with the customer. In the event of the customer's conduct contrary to the agreement, particularly in case of default of payment, we are entitled to retrieve the goods. The retrieval of the goods by us constitutes a withdrawal from the agreement. Upon retrieval of the goods we are entitled to their utilisation; the revenue from the utilisation is off-set against the customer's obligations less reasonable utilisation expenses.
(2) The customer is obligated to treat the goods carefully; he is particularly obligated to insure the goods against fire, water and theft at his own expense. If maintenance and inspection work has to be carried out, the customer has to implement those at his expense in due time.
(3) The customer is obligated to immediately inform us in writing in the event of levies of execution or other interventions by third parties to enable us to file a petition according to § 771 ZPO (Code of Civil Procedure). If the third party is not able to reimburse us for the judicial and extra-judicial costs of a successful petition according to § 771 ZPO (Code of Civil Procedure), the customer is liable for the damage we incurred.
(4) The customer is entitled to on-sell the goods in the course of proper business; however, he now assigns to us all claims in the amount of the invoice (including VAT) which he accrues from his purchasers or third parties based on the on-selling, regardless whether the goods were on-sold with or without processing. The customer is entitled to collect these claims also following the assignation. Our authorisation to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer complies with his payment obligations from the collected revenue, is not in default of payment and has particularly not applied for the commencement of composition or insolvency procedures or has suspended payment. If this is the case, we can demand that the customer discloses the assigned claims and their debtors, provides all details necessary for the collection, supplies the respective documentation and informs the debtors (third parties) of the assignation.
(5) The processing or reconstruction of the goods by the customer is always performed on our behalf. If the goods are processed with other merchandise not belonging to us, we obtain co-ownership in the new object at the ratio of the objective value of the goods (invoice amount including VAT) to the other processed objects at the time of processing. For the remainder, the same conditions apply for the items created by the processing as in case of goods delivered under reservation.
(6) If the goods are inseparably intermingled with other objects not belonging to us, we obtain co-ownership in the new object at the ratio of the objective value of the goods (invoice amount including VAT) to the other intermingled objects at the time of intermingling. If the intermingling occurs in the manner that the object of the customer is considered the main object, it is agreed that the customer assigns to us proportional ownership. The customer preserves the thus created sole ownership or co-ownership for us.
(7) To secure our claims against the customer, the customer assigns to us such claims which he accrues based on the intermingling of the goods with a property against a third party.
(8) Upon demand by the customer we are obligated to release the securities owed to the extent as the realisable value of the securities exceeds the claims of our security by more than 10 %; the choice of the securities to be released is at our discretion.
§ 9 Usage of software As far as contained within the scope of supply the customer is granted a non-exclusive and non-transferable right to use the supplied software including their documentation: the software is exclusively supplied for utilisation on the designated delivery item. Usage, duplication, reworking, translation of the software as well as the transformation of the object code in the source code for other purposes is prohibited.
§ 10 Applicable law, place of jurisdiction, partial invalidity (1) The laws of the Federal Republic of Germany apply for these Terms and Conditions and the entire legal relationship between the customer and ourselves. The conditions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
(2) Exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is Wesel.
(3) If one of the conditions of these Terms and Conditions or a condition in the context of other agreements is or becomes ineffective, the effectiveness of the remaining conditions or agreements remains unaffected.