Yasal uyarı ve kullanım koşulları
Legal Notice
EasternGraphics Yazilim Hizmetleri Limited sirketi
Bostanlı Mahallesi Cemal Gürsel
Caddesi 75/2 Torunlar Apt. Daire:3
Karsiyaka/Izmir
TÜRKIYE
| Telefon: | +90 545 565 05 23 |
| E-Mail: | info-tr@EasternGraphics.com |
Terms of use
I. Scope of application, supplementary contract terms
(1) The General Terms and Conditions for Online Services “OS GTC“ of EasternGraphics GmbH, Albert-Einstein-Straße 1, 98693 Ilmenau, Germany ("EGR") shall apply to contracts for online services with customers and shall be deemed an integral part of the contract unless otherwise agreed in writing in an individual agreement between EGR and the customer. They shall also apply to the use of EGR's online services by users (also "customer") that are provided free of charge.
(2) online services are in particular online applications, cloud services; software-as-a-service (SaaS) and internet pages.
(3) These OS GTC shall apply exclusively. Any deviating, contradicting or supplementary terms and conditions of business of the customer shall not become an integral part of the contract unless and to the extent EGR has consented to their application expressly and in writing. This consent requirement shall apply in each case, and in particular if EGR, being aware of the customer‘s terms and conditions of business, performs a delivery or renders services to such customer without reservation.
(4) These OS GTC shall also apply if the customer uses the online services with which these OS GTC are provided
(5) Furthermore, the license terms of the manufacturer of the respective software and - if the software is installed in the server infrastructure of a third party (e.g. external computer center) - the contractual terms of the respective third party shall apply.
II. Services
(1) EGR shall make the online services available to the customer in accordance with the rights of use referred to in clause IV hereof for online use via the internet, a data network or via an app. The online services shall be provided for this purpose by EGR on a server infrastructure which can be accessed by the customer via the internet, the data network or the app. The procurement and maintenance of the system infrastructure required for the use of the online services outside EGR's server infrastructure (in particular hardware, e.g. computer, tablet, smartphone; operating system; software, e.g. browser or app) and the establishment and maintenance of access to the internet or data network shall be the responsibility of the customer. A user manual for the online services or the software is not owed unless this is expressly agreed in writing.
(2) The user interface or the specification of the online service conclusively states which functions and services the online services or software have when used in accordance with the contract. Public statements, praise or advertising shall not constitute a statement of performance or quality.
(3) EGR undertakes for the term of the contract to maintain the online services and to maintain and support the software and its availability in accordance with clause VI hereof. This obligation shall not apply to online services provided free of charge; these may be discontinued at any time immediately and without prior notice.
(4) The services are exhaustively listed in sections II., IV. and VI. hereof. The functions of the online services result from their specification or their user interface. Other or additional services or functions are not part of the contract unless they have been agreed separately in writing.
III. Rights of Use (License)
(1) The owner of all rights to and producer of the software and operator of the online services shall be EasternGraphics GmbH, Albert-Einstein-Straße 1, 98693 Ilmenau, Germany (licensor). On the basis of the contract for online services between EGR and the customer on the basis of these OS GTC, the customer shall be granted, on the basis of the Copyright Act (UrhG) of the Federal Republic of Germany, the non-exclusive, non-transferable and non-sublicensable right, limited in time to the term of the contract for online services, to use the online services, including the software provided via them, in accordance with the provisions of these OS GTC for the customer's own purpose as determined by EGR for the respective online service by natural persons via user interfaces (e.g. in the browser or in an app). Automated use is not permitted. This right of use is subject to the timely and complete payment of the agreed remuneration.
(2) The nature and scope of the rights of use for third-party online services or third-party software which EGR makes available to the customer shall be governed by such third party's conditions of use and shall be limited to the term of the contract. EGR shall make the third party's terms of use available to the customer at its request.
(3) The Customer is not permitted to integrate the online services into third-party systems or to enable third parties to integrate the online services into systems other than the customer's systems.
(4) In the event of a violation of the provisions of clause IV. (1) to (3) and clause V. (5) and (6) hereof by the customer or by a third party enabled by the customer to use, the rights of use shall expire immediately.
(5) The rights of use granted to the customer are also forfeited if and as long as the agreed remuneration for the use of the online services has not been paid to EGR or has not been paid on time. In addition, in the event of non-payment or late payment of the agreed remuneration, EGR shall have the right to block the online services and/or online access to the software immediately and without reminder and to revoke the rights of use.
IV. Remuneration and terms of payment
(1) The remuneration to be paid by the customer to EGR for services against payment and the terms of payment applicable to them shall be stated separately for the services concerned (e.g. in the context of access to the online service concerned).
(2) EGR shall have the right to adjust the remuneration annually on 1 January by the annual average change in the total consumer price index (CPI) published by the Federal Statistical Office in Germany in the last calendar year in relation to the calendar year before last, expressed as a percentage (rate of change), to the extent that this is reasonable. The difference between a remuneration already charged or already paid shall be credited or charged to the customer retrospectively after publication of the rate of change. Prices shall be rounded to full euros in accordance with commercial practice. If the consumer price index is no longer continued by the Federal Statistical Office, it shall be replaced by the one determined by law, or alternatively by the cost of living index applicable in the area of the Federal Republic of Germany, which most closely corresponds to the consumer price index at the time of its replacement.
(3) EGR shall be entitled to increase the remuneration with effect from the next calendar year with three months' notice. On receipt of EGR's statement concerning the increase in remuneration, the customer shall have the right to terminate the software maintenance contract with two months' notice to the end of the then current calendar year. If the customer does not exercise this right, it will thereby declare its consent to the increase in remuneration from the next calendar year.
V. Customer’s obligations
(1) The customer shall be obliged to perform, at its own expense, all customary and reasonable acts of cooperation which are necessary for the use of the online services on its part and which lie within its sphere of influence or responsibility.
(2) The customer shall ensure that the hardware and software it uses within the framework of the contract is technically suitable for the use of the online services and is compatible with the hardware and software with which EGR provides its services. In particular, EGR shall not be liable for the suitability, functionality and compatibility of the customer's hardware and software.
(3) The customer shall in particular be obliged to adapt its systems by means of which it accesses or uses the online Services to the respective latest versions of the online services or of the interfaces between the online services and the customer's systems on its own responsibility and at its own expense. The adaptation of the customer's systems to new versions must in each case be carried out within six (6) months of the release of the information and specifications for the interface. On expiry of the six-month period, accessibility of the online services or software shall be guaranteed only via the new version of the interface. EGR shall not be liable for any damage caused by the customer's failure to adapt its systems to the latest versions of the online services or interfaces or to do so in good time.
(4) The customer's online connection to the internet or to the data network and all the costs connected with it shall be the responsibility of the customer.
(5) The Customer shall protect its access to the Online Services against access by third parties and by unauthorized persons. (6) The customer is obliged to refrain from anything that could or will jeopardize the online services or their performance. In particular, the customer shall refrain from retrieving or sending data automatically (e.g. by scripts or BOTs) and thereby transferring data volumes or initiating calculation processes that exceed those performed by users as natural persons in the course of ordinary use.
VI. Availability
(1) EGR shall guarantee an availability of the online services from the server infrastructure of EGR or the computer center to the transfer point to the internet or to the public data network of 95% on a month average for each calendar quarter. This shall not apply to times when the server cannot be reached due to technical or other problems which are not within EGR's sphere of responsibility or influence (e.g. force majeure, natural disasters, pandemics, war, strikes, industrial disputes, fault of third parties, government orders, etc.).
(2) EGR shall have the right to restrict or block access to the online services and software if technical changes, maintenance of the system, the security of network operation, the maintenance of network integrity, in particular the avoidance of disruptions to the network, the online services, the software or stored data so require or if the customer fails to comply with its obligations referred to in clause V. paragraphs (5) and (6) hereof or if there is suspicion of a breach of these obligations.
(3) Unless otherwise agreed, the online services and software shall be made available for online use on a server infrastructure selected by EGR.
(4) Online services which are provided free of charge may be discontinued at any time, in whole or in part, temporarily or permanently.
VII. Data backup
(1) The customer shall be responsible for backing up data and restoring it in the event of loss.
(2) The availability and backup of online services shall be the responsibility of EGR.
VIII. Copyright
All rights to the contents (e.g. texts, pictures, graphics, videos, sounds, animations) of the online services shall be held by EGR or the respective authors. These contents may only be used within the authorized use of the online services according to section III. hereof and under the conditions of the respective author.
IX. Trademark rights
The online services may contain names and trademarks that are protected by law. The rights to the names or trademarks belong exclusively to the respective owner. No license is granted by publishing the names and trademarks in the online services.
X. Data protection
(1) EGR and the customer shall undertake to comply with the data protection law applicable in each case.
(2) If the customer collects, processes or uses personal data itself or through EGR in the context of the online use of the software in the capacity of controller in the sense of data protection law, it shall first ensure that it is entitled to collect, process or use this data in the specific way in accordance with the applicable law, in particular data protection law, and in the event of a breach of this it shall indemnify EGR against claims by third parties on first demand.
XI. Warranty and liability
(1) The customer is aware that online services, in particular software, are very complex and cannot be developed absolutely error-free. Not every error shall be a defect. EGR shall not be liable for errors that are not defects.
(2) Any defects shall be notified to EGR without delay in a comprehensible manner in writing, by e-mail or by means of a function provided for this purpose in the online service, if any. EGR shall remedy the defect within a reasonable time after receipt of such notification. Insofar as this is not unreasonable for the customer, EGR shall be entitled, in order to remedy the defect, to provide the customer with a new version of the online services or software which no longer contains the defect complained of or which remedies it, or to develop an alternative solution.
(3) If and insofar as tenancy law is applicable, EGR's strict liability shall be excluded in accordance with § 536 I of the German Civil Code. The customer's right to terminate the contract on the grounds of non-provision of use of the service in accordance with § 543 paragraph 2 no. 1 of the German Civil Code and the right to reduce the remuneration shall be excluded as long as the accessibility and/or use of the online services is not restricted or excluded for more than 48 consecutive hours because of the rectification of defects.
(4) EGR shall not be liable for defects based on operating errors and/or occurring after use contrary to the terms of the contract, unless the customer proves that the defects have no causal connection with the events referred to above.
(5) EGR is not liable for the content accuracy of customer’s data in the online services and/or the software or for any defects or errors resulting therefrom.
(6) In particular, EGR shall not be liable for:
- the functioning of external data lines;
- malfunctions or failures of third party communication networks;
- failures of the internet or power supply; and
- service restrictions or service failures due to force majeure or to events which make performance considerably more difficult, restrictive or impossible (e.g. force majeure, natural disasters, pandemics, war, strikes, industrial disputes, government orders, fault of third parties, etc.).
(7) The customer must not enforce a reduction by deduction from the agreed remuneration. Claims for enrichment and damages shall remain unaffected.
(8) If it transpires that a defect reported by the customer does not exist or is not due to the online services or software, EGR shall be entitled to charge the customer for the work involved in analyzing and processing it in accordance with EGR's current price list for services.
(9) EGR shall not be liable for the topicality, correctness and completeness of the information provided in online services provided free of charge and the results produced with online services provided free of charge.
(10) EGR shall not be liable for the information created or published by third parties and accessible via the online services (e.g. via a link/hyperlink). EGR has no influence on the third parties accessible via the online services and on the content (e.g. text; design) of their pages and services. EGR therefore expressly dissociates itself from all contents of third parties which are accessible via the online services of EGR.
(11) The liability of EGR for damage caused intentionally or by gross negligence, for personal injury and for damage caused by the breach of an essential contractual obligation (cardinal obligation) shall be governed by the statutory provisions. Essential contractual obligations shall be those obligations the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely. In the event of a breach of a material contractual obligation, EGR's liability shall be limited to the foreseeable damage typical of the contract. In all other respects the liability of EGR, on whatever legal grounds, shall be excluded.
(12) EGR's liability for direct, indirect, special or other damage and consequential damage caused by the use of free online services or due to a defect in free online services shall be excluded.
(13) EGR shall not be liable for the loss of data if the damage would not have occurred if data had been properly backed up in the customer's area of responsibility. Data shall be deemed to have been properly backed up if the customer demonstrably backs up its data stocks daily and up-to-date in machine-readable form and thus guarantees that this data can be restored with reasonable effort. EGR's liability for loss of data - unless caused intentionally or by gross negligence on EGR's part - shall be limited to the typical cost of restoration which would have been incurred if data had been properly backed up.
(14) EGR shall not be liable for the dissemination of confidential data stored in EGR's system if and insofar as the dissemination of such data is due to misuse of passwords and logins for which EGR is not responsible.
(15) Insofar as EGR's liability is excluded or limited, this shall also apply to the personal liability of EGR's staff and employees and to third parties acting on EGR's behalf.
(16) Liability under the German Product Liability Act shall remain unaffected.
XII. Control rights of EGR
(1) EGR shall have the right to read, check, process and store the data transmitted and retrieved via the customer's online access if it is to be feared that such data is connected with illegal acts or that the content of the data violates applicable law or morality.
(2) EGR shall be permitted access to the data transmitted and retrieved via the customer's online access if and insofar as this is necessary to check the system.
XIII. Commencement, term and termination of contract
(1) The provisions of this section XIII regarding commencement, term and termination of the contract shall apply if and to the extent that nothing to the contrary has been agreed:
(2) The contract shall commence when EGR provides the service. It shall run for an indefinite period and may be terminated with three months' notice to the end of a calendar year, but not before twelve months have elapsed from the beginning of the contract. The right of termination under section IV. paragraph (3) shall remain unaffected.
(3) The contract for online services, software and apps provided free of charge shall commence with their use and may be terminated at any time without notice; it shall end in any event as soon as EGR discontinues the services or the customer no longer uses them.
(4) The right to extraordinary termination without notice for good cause shall remain unaffected.
(5) Termination shall require the form set out in clause XIV, paragraph (3).
(6) The provisions concerning the limitations and exclusions of EGR's liability shall continue to apply after termination of the contract or the end of the use until the expiry of the limitation periods for claims for damages and/or reimbursement of expenses.
XIV. Miscellaneous provisions
(1) The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) To the extent legally permissible, the place of jurisdiction for both contractual partners shall be Erfurt (Germany).
(3) All agreements between the contractual partners must be in writing in order to be effective, whereby the e-mail with sender identification and name signature of the sender satisfies this requirement.
(4) Should individual provisions not be legally effective or lose their legal effectiveness due to a later circumstance, or should a loophole be identified, this shall not affect the legal effectiveness of the remaining provisions. In such cases, both contractual partners shall immediately replace the ineffective provisions with such effective provisions or fill in regulatory gaps with such provisions that correspond to the economic purpose of the contract. Should the contractual partners not succeed in doing so despite proven serious efforts, the statutory provisions of the Federal Republic of Germany shall apply in place of the invalid provisions or loopholes.
General Terms and Conditions of EasternGraphics GmbH for Online Services “OS GTC”
(Status 2023-01-01)
Data Privacy Statement
§ 1 Information on the collection of personal data
(1) Please find below information on the personal data that is collected when our website is used. Personal data is all data related to you personally, e.g. name, address, email addresses, IP, user behavior.
(2) The controller in accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR) is
EasternGraphics GmbH
Albert-Einstein-Str. 1
98693 Ilmenau
email: info@easterngraphics.com (see our Legal Notice).
You can reach our data protection officer at datenschutz@easterngraphics.com or at our postal address adding the words „the data protection officer“ (“der Datenschutzbeauftragte”).
(3) If you contact us via email or a contact form, we will store the data provided by you (your email address, and, as the situation may be, your name and your telephone number) on the legal basis (Article 6 (1) point f of the GDPR legitimate interests) in order to answer your questions. We will delete any data collected in this context after their storage is no longer required, or we restrict their processing if any statutory storage obligations apply.
(4) If we use the service of service providers for individual functions of the services offered by us or if we wish to use your data for marketing purposes, we will inform you in detail about the related processes. We will also inform you about the criteria according to which the duration of the storage is determined.
§ 2 Your rights
(1) You have the following rights against us with regard to the personal data concerning you:
– right to obtain information,
– right to rectification or erasure,
– right to restriction of processing,
– right to object to processing,
– right to data portability.
(2) In addition you have the right to lodge a complaint with a data protection supervisory authority regarding the processing of your personal data by us, in particular with the data protection supervisory authority of your habitual residence, your place of work or the place of the alleged infringement.
§ 3 Collecting personal data when visiting our website
(1) If you use the website solely for information, i.e. if you do not register or otherwise transmit information to us, only the personal data transmitted by your browser to our server will be collected. If you want to view our website, we will collect the following data, which are required from a technical point of view to show you our website and to guarantee the stability and security (legal basis: Article 6 (1) sentence 1 point f of the GDPR and section 25 (2) of the TDDDG (Gesetz über den Datenschutz und den Schutz der Privatsphäre in der Telekommunikation und bei Telemedien -German Act on Data Protection and the Protection of Privacy in Telecommunications and Telemedia):
– IP address
– Date and time of the query
– Time difference to Greenwich Mean Time (GMT)
– Contents of the request (individual site)
– Access status/http status code
– Transferred individual data volume
– Website from which the request was sent
– Browser
– Operating system and its interface
– Language and version of the browser software
(2) In addition to the data mentioned above, cookies are placed on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you have used and through which the site placing the cookie (here: us) obtains certain information. Cookies are not able to execute programs or to place viruses on your computer. Their purpose is to enhance the overall user-friendliness and efficiency of the Internet services offered.
(3) Using cookies:
a) This website uses the following types of cookies with the following scope and functions:
– transient cookies (see b)
– persistent cookies (see c).
b) Transient cookies are automatically erased when you close your browser. This, in particular, includes session cookies. They store a so-called session ID which various queries of your browser can be assigned to one and the same session. Thus your computer can be recognized if you return to our website. The session cookies are erased, when you log out or close the browser.
c) Persistent cookies are erased automatically after a defined period of time which may vary from one cookie to another. You can erase the cookies with your browser’s security settings anytime.
d) You can configure your browser setting according to your needs, for example you can refuse to accept third party cookies or any cookies at all. Please note that, as a consequence, you may not be able to use all functions of the website.
e) We use cookies to be able to identify you during your subsequent visits if you have an account with us. Otherwise you will have to log in again for each visit.
f) In addition we use HTML5 storage objects that are placed on your device. These objects store the required data regardless of which browser you use and have no automatic expiry date. You can avoid the use of HTML5 storage objects by setting your browser to private mode. We also recommend to regularly delete manually your cookies and your browsing history.
§ 4 Use of social media plugins
(1) We currently use the following social media plugins: [Facebook, Google+, X (fomerly Twitter), LinkedIn, Xing] applying the so-called two-click solution. This means that if you visit our website, no personal data will be passed on to the plugin provider in the first instance. You can view the plugin provider by selecting the box over the initial letter of its name or logo. We give you the opportunity to communicate directly with the plugin provider via the button. Only if you enable the selected field by clicking it will the plugin provider be informed that you have accessed the relevant page on our website. The data specified in § 3 hereof is also sent. In the case of Facebook and Xing, the providers have stated that in Germany the IP address is anonymized immediately upon its collection. If you enable the plugin, personal data concerning you will be sent to the plugin provider and stored by it (in the USA in the case of US providers). As plugin providers in particular use cookies to collect data, we recommend that you delete all cookies via your browser’s security settings before clicking on the grayed-out box.
(2) We have no influence over the data collected and the processing operations performed, nor do we have knowledge of the full scope of the data collection, the purposes of the processing, or storage periods. We also have no information regarding erasure of data collected by plugin providers.
(3) The plugin provider stores the information it collects about you as a user profile, which it uses for advertising and market research purposes and/or to tailor its website to the needs of users. In particular, this analysis is carried out (even for users who are not logged in) to serve relevant advertising and in order to inform other social network users of your activities on our website. You have the right to opt out of the creation of these user profiles, but to exercise this right you must refer to the plugin provider. We provide the plugins to enable you to interact with the social networks and other users so that we can improve our website and make it more interesting for you as a user. The legal basis for the use of plugins is Article 6(1) sentence 1 (f) of the GDPR and section 25 (2) of the TDDDG.
(4) The data will be passed on regardless of whether or not you have an account with the plugin provider and are logged into that account. If you are logged in to an account with the plugin provider, the data collected on our website will be directly linked with that account. If the button is activated you click on it and e.g. link to the page, the plugin provider will also store this information in your user account and inform your contacts publicly. We recommend that you log out regularly after using social networks, especially before activating a button, as this will prevent your actions being linked to your profile with the plugin provider.
(5) For further information regarding the purpose and scope of the collection and processing of data by the plugin provider, please see the privacy statements of those providers as specified below. Here you will also find further information about your rights in this regard and settings you can use to protect your privacy.
(6) Addresses of the individual plug-in-providers and URL with their data privacy statements:
a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, U.S.A.;
https://www.facebook.com/help/186325668085084
The company facebook (Meta Platforms) is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework. This corresponds to an adequacy decision between the EU and the USA.
b) Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, U.S.A.;
https://www.google.com/policies/privacy/partners/?hl=de.
The company google is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework. This corresponds to an adequacy decision between the EU and the USA.
c) X (fomerly Twitter), Inc., 1355 Market St, Suite 900, San Francisco, California 94103, U.S.A.;
https://x.com/en/privacy
Information about your data: https://x.com/settings/your_twitter_data
d) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, U.S.A.;
https://www.linkedin.com/legal/privacy-policy
LinkedIn is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework. This corresponds to an adequacy decision between the EU and the USA.
§ 5 Embedding of YouTube videos
(1) We have embedded YouTube videos into our online offer that are stored at https://www.YouTube.com and can be played directly from our website. These videos are embedded in „extended privacy mode“ which means that no data concerning you as a user are transmitted to YouTube if you do not play the videos. Only if you play the videos, the data specified in paragraph 2 hereof will be transmitted. We have no influence over this data transmission.
(2) When you visit the website, YouTube is notified that you have accessed the relevant the page of our website. In this case the data specified under § 3 of this Statement is also transmitted. This happens regardless of whether or not you have a YouTube account or are logged into such account. If you are logged into Google, your data will be directly linked with your account. If you do not want the data to be associated with your YouTube profile, you must log out before activating the button.
YouTube stores your data as a user profile, which it uses for advertising and market research purposes and/or to tailor its website to the needs of users. In particular, this analysis is carried out (even for users who are not logged in) to serve relevant advertising and in order to inform other social network users of your activities on our website. You have the right to opt out of the creation of these user profiles, but on order to exercise this right you must refer to YouTube.
(3) For further information regarding the purpose and scope of the collection and processing of data by YouTube, please see the privacy statement. Here you will also find further information about your rights and settings you can use to protect your privacy: https://policies.google.com/privacy?hl=en&gl=de.
The company google is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework. This corresponds to an adequacy decision between the EU and the USA.
§ 6 Use of the blog functions
(1) You can make public commentaries in our blog, where we publish various posts regarding topics that are related tour activities. Your commentaries will be published together with the user name you have provided. We recommend you to use a pseudonym and not your real names. Providing a user name and an email address is required, any further information is optional. If you make a commentary, we will continue to store your IP address. We must store it in order to be able to defend ourselves against liability claims in the event of the publication of unlawful contents. We need your email address in order to contact you if a third party criticizes your commentary as being unlawful. The legal basis is Article 6 (1) sentence 1 point b and f of the GDPR. The comments are checked before publication and we reserve the right to delete commentaries that are criticized by third parties as being unlawful.
§ 7 Sentry Error Logging
We use the web analysis service Sentry. The service is offered by Functional Software, Inc, 132 Hawthorne St, San Francisco, CA 94107 and collects and stores data that is created from anonymized usage profiles. These are used exclusively to analyze errors and to monitor system stability. Cookies are used for this purpose. You can object to the collection and storage of data by Sentry at any time with effect for the future by deactivating the cookies in your browser settings. Sentry's privacy policy is available at https://sentry.io/privacy/
Sentry is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework. This corresponds to an adequacy decision between the EU and the USA.
§ 8 Newsletter(1) With your consent, you can also be subscribed to our newsletter, in which we provide information about our current offers.
(2) We use the “double opt-in” procedure for subscriptions to our newsletter. This means that after you sign up, we send an email to the email address provided by you asking you to confirm that you wish to receive the newsletter. We also store the IP addresses from which you sign up and confirm, and the date of subscription and confirmation. The purpose hereof is to verify your subscription and to enable us to clarify any misuse of your personal data.
(3) The only obligatory information in order to receive the newsletter is your email address. After you have confirmed, we store your email address so that we can send you the newsletter. The legal basis for this is Article 6(1) sentence 1 (a) of the GDPR.
(4) You may withdraw your consent at any time and unsubscribe from the newsletter. You may declare your withdrawal by clicking on the link you find in every newsletter email, via this form on the website, via email to [info@easterngraphics.com] or by sending a notification to the contact date provided in the “Contact” section.
§ 9 Google reCAPTCHA
We use "Google reCAPTCHA" (hereinafter referred to as "reCAPTCHA") on our websites. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
The purpose of reCAPTCHA is to check whether the data input on our websites (e.g. in a contact form) is made by a human or by an automated program. For this purpose, reCAPTCHA analyses the behavior of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent on the website by the website visitor or mouse movements made by the user). The data collected during the analysis is forwarded to Google.
The reCAPTCHA analyses run completely in the background. Website visitors are not informed that an analysis is taking place.
Data processing is carried out on the basis of Article 6 (1) point f of the GDPR. The website operator has a legitimate interest in protecting its website from abusive automated spying and SPAM.
Further information about Google reCAPTCHA and Google's privacy policy can be found at the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.htmlhttps://www.google.com/recaptcha/intro/android.html
The company google is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework. This corresponds to an adequacy decision between the EU and the USA.
§ 10 Use of Matomo (was: Piwik)
(1) This website uses the web analysis service Matomo. Matomo serves to analyze and regularly improve the use of our website. The resulting statistics allow us to improve our services and make it more interesting for you as a user. The legal basis for the use of Matomo is Article 6 (1) of the GDPR and section 25 (1) of the TDDDG.
(2) For the evaluation process, cookies are stored on your computer. The information collected in this way is exclusively stored on a server run by the controller in Germany. You can avoid the evaluation by deleting existing cookies and preventing the storage of cookies. In case you prevent the storage of cookies, we would like to point out to you that you might not be able to use the website to its fullest. You avoid the storage of cookies by means of your browser settings. It is possible to prevent the use of Matomo by removing the statistics box checkmark in the cookie settings dialog.
(3) This website uses Matomo together with the ‘AnonymizeIP’ extension. As a result, IP addresses are abbreviated for further processing, so that direct personal references can be ruled out. The IP address that Matomo submits from your browser is not merged with other data collected by us.
(4) Matomo is open source. Information on data protection from the third party provider can be found at https://matomo.org/privacy/policy.
§ 11 pCon.login
(1) If you wish to use pCon.login, you must register by providing your title, name, e-mail address and a password. We use the so-called double opt-in procedure for registration, i.e. your registration is not completed until you have confirmed your registration by calling up a link contained in a confirmation e-mail sent to you. If you do not confirm your registration within 30 days, your registration will be automatically deleted. Depending on the functions and services to be used with pCon.login, further information may be required. In order to minimise the data to be collected, only those fields that are required for the functions and services you use are treated as mandatory fields. The mandatory fields are marked in the respective places. If you do not provide mandatory fields, you will not be able to use the corresponding functions and services, e.g. manufacturers will not be able to check your authorization to use OFML data and will reject your release request. All other information is voluntary.
(2) We will store your data required to provide the service until you permanently delete your access and the data is no longer required (e.g. for billing purposes). You can delete your access at any time and revoke your consent to data processing with effect for the future by calling up the function for deleting your user account in the user interface. You can view and correct your personal data at any time on the pCon.login website.
(3) If you use several employee user accounts within an organizational account at pCon.login, your user data will be shared within your organization as follows: Administrators in your organization have read and write access to the personal data of all employees. Standard users have read access to the names, email addresses and phone numbers of the administrators in your organization. All administrators have write access and all standard users have, at most, read access to the organization-related details (name, address, settings such as manufacturer catalogues). The purpose of this data sharing is to make it easier for you to use our services, in particular by requiring various administrative tasks to be performed only once for your organization instead of individually for each employee (e.g. requesting manufacturer catalogues). It is also intended to allow organizations to control the authorizations of their members, in particular, in the case of members leaving.
(4) If you use your pCon.login to log in to connected services (e.g. pCon.update, pCon.facts), the connected services have read access to all your personal data recorded in your user account. This also applies to third-party services. The purpose of this data sharing is to make it easier for you to use our services by requiring only one registration for all services and performing certain administrative tasks (e.g. obtaining manufacturer authorizations) only once. The third party service providers have been obligated by us to use your data in compliance with data protection provisions and for the intended purpose.
(5) If you use your pCon.login to subscribe or unsubscribe manufacturer catalogues or to suggest new manufacturers, details of your organization and the contact details of the initiating user are transmitted to the respective manufacturer. The manufacturer needs these details to check your authorization to use the OFML data and to contact you if they have any queries. The manufacturers have been obligated by us to use your data in compliance with data protection provisions and for the intended purpose.
(6) The information about your person, your organization, your manufacturer authorizations as well as information about the services you use connected to pCon.login (service name and date of use) are transmitted to the responsible EasternGraphics sales partner. The sales partners use this information to support you in case of technical problems, to assign you to user agreements (e.g. pCon.update user agreement) and to activate the corresponding functions and licences, to contact you in case of queries and for market analysis. The sales partners have been obligated by us to use your data in accordance with data protection provisions and for the intended purpose.
(7) We use your data stored at pCon.login for the following purposes:
– Checking eligibility for the pCon community
– Provision of pCon applications
– Provision of licences
– Sending information e-mails in case of new manufacturers and important changes at pCon.login
– Support in case of technical problems
– Monitoring and further development of the software systems
– Market analyses
If you have any queries in this regard, we can contact you via any of the specified contact channels.
(8) When you use pCon.login to register with connected services, we collect the following usage data: name of the service, user concerned and date. This data is used within the framework of paragraphs 6, 7.
(9) If you use pCon.login and make certain settings (e.g. language, definition of table columns, login status), these settings are stored either in your user account or in your browser in the form of cookies or HTML 5 web storage. This data is used exclusively by you and serves to make it easier for you to use our services.
(10) When using pCon.login, usage data is generated in the form of the standard logs of the server software, e.g. log files of the web server (including IP address, time stamp), log files of the e-mail software (including destination address, time stamp). This data is used for monitoring and troubleshooting the respective software.
(11) Your data stored at pCon.login will also be transmitted to third countries within the framework of paragraphs 3, 4, 5 and 6 if the data recipients concerned are based in third countries.
(12) To prevent unauthorised access to your personal data by third parties, all connections are encrypted using TLS technology.
(13) The legal bases for data processing at pCon.login and the affiliated services are: provision of software and product data within the framework of licence and usage agreements: Art. 6 1. sentence 1 (b) GDPR. Verification of authorizations Art. 6 1. sentence 1 (f) GDPR. Technical monitoring, troubleshooting and further development of the software systems Art. 6 1. sentence 1 (f) GDPR. All other processing: Art. 6 1. sentence 1 (a) GDPR.
§ 11a pCon.update
(1) A pCon.login is required to use pCon.update. pCon.update is a service connected to pCon.login for the purpose of §11 para. 4.
(2) When you download installation packages (e.g. manufacturer catalogues) with pCon.update, we collect the following usage data: organization, channel, data package, package version, date, time, error code. This information is used for billing, error analysis, monitoring and further development of the software system and market analysis. In the case of manufacturer catalogues, this information plus the contact details of the respective channel administrators is provided to the manufacturer concerned. The manufacturers receive this data in order to be able to check the correctness of the billing, to be able to check the current distribution status of their data and for support in the event of technical problems.
(3) If you use the installation status notification in pCon.update DataClient PRO or DataPool (in DataClient/DataPool under Settings/Autom. installation/Email notification), the following information is stored on our server: specified computer name, unique ID of the computer, notification e-mail address, the notification options, result of the last update as well as the next due date of the next update for your computer. This information is used to send the desired notification e-mails. Furthermore, the data is used for error analysis and for monitoring and further development of the software system.
(4) To prevent unauthorised access to your personal data by third parties, all connections are encrypted using TLS technology.
§ 11b Use of additional product information
(1) In some pCon applications, additional product information (e.g. inspiration images, product brochures, operating instructions) can be used. If you are not logged in when using this information, no personal data is collected other than the usual web server logs. If you are logged in when using it, the product information service is to be regarded as a service connected to pCon. for the purpose of §11 para. 4.
(2) If you use an application that provides the additional product information and you are logged in, we collect the following usage data: date, time, user ID, pCon application, manufacturer, article number, information category, query duration. This information is used for error analysis, for monitoring and further development of the software system and for market analysis.
(3) To prevent unauthorised access to your personal data by third parties, all connections are encrypted using TLS technology.
§ 12 Use of the Amazon Simple Email Service
We would like to point out that we use Amazon Simple Email Service (Amazon SES) technologies from the technical provider Amazon Web Services (AWS), Inc. (410 Terry Avenue North, Seattle WA 98109, United States) when sending emails from our applications.
The storage and processing of the data on the servers of AWS takes place exclusively on the basis of your consent (Article 6 (1) point a of the GDPR) and within the EU.
Amazon Web Services is a provider from the USA and is certified in accordance with the Trans-Atlantic Data Privacy Framework.
This corresponds to an adequacy decision between the EU and the USA.
You can revoke the consent to the storage of data (e.g. e-mail address) and to its use, given by you, at any time.
The lawfulness of the data processing operations that have already taken place remains unaffected by the revocation.
We have concluded an order processing contract with Amazon SES ("Data Processing Addendum", available at https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf), in which we oblige Amazon SES to protect our customers' data and not to pass it on to third parties.
For the transfer of data from the EU to other regions, Amazon SES refers to so-called Standard Contractual Clauses (SCC) for data transfers between EU and non-EU countries of the European Commission, which are intended to ensure compliance with the European level of data protection, e.g. also in the USA.
You can view the privacy policy of Amazon Web Services, Inc. here: https://d1.awsstatic.com/legal/privacypolicy/AWS_Privacy_Notice_German_2020-08-15.pdf
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