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combit.com, copyright © 1996-2022
combit Software GmbH
T +49 7531 9060-10
T +1 800 2563608 (toll-free in the US)
F +49 7531 9060-18
Commercial Register: Municipal Court Freiburg HRB 380959
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1. An overview of data protection
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on this website
Who is the responsible party for the recording of data on this website?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Notes.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.
Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.
For detailed information about these analysis programs please consult our Privacy Notes below.
2. General information and mandatory information
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Privacy Notes.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Privacy Notes explain which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.
Information about the responsible party
The data processing controller on this website is:
combit Software GmbH
Phone: +49 7531 9060-10
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).
Unless a more specific storage period has been specified in this Privacy Notes, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.
General information on the legal basis for the data processing on this website
If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this Privacy Notes.
Designation of a data protection officer
We have appointed a data protection officer for our company.
combit Software GmbH
Phone: +49 7531 9060-10
This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.
The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.
We are using the following hosts:
OVH GmbH, Dudweiler Landstraße 5, D-66123 Saarbrücken
WORTMANN AG, Bredenhop 20, D-32609 Hüllhorst
TERRA Cloud GmbH, Hankamp 2, D-32609 Hüllhorst
communiteq.com, Aalbespad 4, NL-2995 TA Heerjansdam
Information on data transfer to the USA and other non-EU countries
Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).
IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Information about, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:
* In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
* If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
* If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
* If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
3. Recording of data on this website
Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.
In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
Cookies, which are required for the performance of electronic communication transactions, or for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Privacy Notes and, if applicable, ask for your consent.
If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions.
The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.
The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists. This shall be without prejudice to any mandatory legal provisions, in particular retention periods.
Request by e-mail, telephone, or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request.
These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses. Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
Contact via live chat through Smartsupp
To contact us, you can use the live chat tool “Smartsupp”. Here, Smartsupp records data such as your browser information and the pages you visit, whereby so-called “session” cookies are also used. These are deleted again after your visit to our website. You have the possibility to communicate in the chat without providing personal data. In some cases are also collected personal data from you, for example, to send you an offer.
The legal basis for the processing of the data is our legitimate interest in the evaluation of user behavior to optimize the website according to Art. 6 para. 1 lit. f GDPR or as a pre-contractual measure for interested parties according to Art. 6 para. 1 lit. b GDPR or for existing customers according to Art. 6 para. 1 lit. a GDPR.
The data is processed by our service provider, Smartsupp.com, s.r.o. (Milady Horakove 13, 602 00 Brno, Czech Republic), to servers in the European Union, usually encrypted, and stored there. The storage of chat history (including user data) on Smartsupp’s servers is limited to twelve months.
Further information on data protection can be found at Smartsupp: https://www.smartsupp.com/help/privacy/.
Registration on this website
You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.
To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.
The processing of the data entered during registration is conducted for the purpose of implementing the user contract established by the registration and, if appropriate, for initiating further contracts (Art. 6 para. 1 lit. b GDPR).
The data recorded during the registration process shall be stored by us as long as you are registered on this website. This shall be without prejudice to mandatory statutory retention obligations.
The comment function on this website
When you use the comment function on this website, information on the time the comment was generated and, if you are not posting anonymously, your e-mail address and the username you have selected will be archived in addition to your comments.
Storage period for comments
Comments and any affiliated information shall be stored by us and remain on this website until the content the comment pertained to has been deleted in its entirety or if the comments had to be deleted for legal reasons (e.g., insulting comments).
Comments are stored on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
4. Social media
We have integrated functions of the social media platform Twitter into this website. These functions are provided by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland. While you use Twitter and the “Re-Tweet” function, websites you visit are linked to your Twitter account and disclosed to other users. During this process, data are transferred to Twitter as well. We must point out, that we, the providers of the website and its pages do not know anything about the content of the data transferred and the use of this information by Twitter. For more details, please consult Twitter’s Data Privacy Declaration at: https://twitter.com/en/privacy.
The use of Twitter plug-ins is based on Art. 6 para. 1 lit. f GDPR. The operator of the website has a legitimate interest in being as visible as possible on social media. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://gdpr.twitter.com/en/controller-to-controller-transfers.html.
You have the option to reset your data protection settings on Twitter under the account settings at https://twitter.com/account/settings.
5. Analysis tools and advertising
Google Tag Manager
We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store cookies, and does not carry out any independent analyses. It only manages and runs the tools integrated via it. However, the Google Tag Manager does collect your IP address, which may also be transferred to Google’s parent company in the United States.
The Google Tag Manager is used on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and administration of various tools on his website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. This data is summarized in a user-ID and assigned to the respective end device of the website visitor.
Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. Google Analytics uses various modeling approaches to augment the collected data sets and uses machine learning technologies in data analysis.
We also use Google Optimize, a service integrated into Google Analytics, to improve the user experience on our website. Google Optimize checks the use of different variations on our website. This allows us to continuously optimize our website according to user behavior.
Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.
The use of this analysis tool is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://business.safety.google/adscontrollerterms/sccs/.
You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.
Data Processing Agreement
We have signed a data processing agreement with Google.
The website operator uses Google Ads. Google Ads is an online promotional program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ads enables us to display ads in the Google search engine or on third-party websites, if the user enters certain search terms into Google (keyword targeting). It is also possible to place targeted ads based on the user data Google has in its possession (e.g., location data and interests; target group targeting). As the website operator, we can analyze these data quantitatively, for instance by analyzing which search terms resulted in the display of our ads and how many ads led to respective clicks.
The use of Google Ads is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in marketing its services and products as effectively as possible.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://policies.google.com/privacy/frameworks and https://business.safety.google/adscontrollerterms/sccs/.
This website uses the functions of Google Analytics Remarketing. The provider of these solutions is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Remarketing analyzes your user patterns on our website (e.g., clicks on specific products), to allocate a certain advertising target groups to you and to subsequently display matching online offers to you when you visit other online offers (remarketing or retargeting).
Moreover, it is possible to link the advertising target groups generated with Google Remarketing to device encompassing functions of Google. This makes it possible to display interest-based customized advertising messages, depending on your prior usage and browsing patterns on a device (e.g., cell phone) in a manner tailored to you as well as on any of your devices (e.g., tablet or PC).
If you have a Google account, you have the option to object to personalized advertising under the following link: https://adssettings.google.com/anonymous?hl=en.
The use of Google Remarketing is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in marketing its services and products as effectively as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
For further information and the pertinent data protection regulations, please consult the Data Privacy Policies of Google at: https://policies.google.com/technologies/ads?hl=en.
This website uses Google Conversion Tracking. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
The use of Google Conversion-Tracking is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
For more information about Google Conversion Tracking, please review Google’s data protection policy at: https://policies.google.com/privacy?hl=en.
LinkedIn Insight Tag
This website uses the Insight tag from LinkedIn. This service is provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.
Data processing by LinkedIn Insight tag
We use the LinkedIn Insight tag to obtain information about visitors to our website. Once a website visitor is registered with LinkedIn, we can analyze the key occupational data (e.g., career level, company size, country, location, industry, job title) of our website visitors to help us better target our site to the relevant audience. We can also use LinkedIn Insight tags to measure whether visitors to our websites make a purchase or perform other actions (conversion measurement). Conversion measurement can also be carried out across devices (e.g. from PC to tablet). LinkedIn Insight Tag also features a retargeting function that allows us to display targeted advertising to visitors to our website outside of the website. According to LinkedIn, no identification of the advertising addressee takes place.
LinkedIn itself also collects log files (URL, referrer URL, IP address, device and browser characteristics and time of access). The IP addresses are shortened or (if they are used to reach LinkedIn members across devices) hashed (pseudonymized). The direct identifiers of LinkedIn members are deleted by LinkedIn after seven days. The remaining pseudonymized data will then be deleted within 180 days.
The data collected by LinkedIn cannot be assigned by us as a website operator to specific individuals. LinkedIn will store the personal data collected from website visitors on its servers in the USA and use it for its own promotional activities. For details, please see LinkedIn’s Privacy Notes at https://www.linkedin.com/legal/privacy-policy#choices-oblig.
The use of LinkedIn Insight is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in effective advertising measures, including social media. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.linkedin.com/legal/l/dpa und https://www.linkedin.com/legal/l/eu-sccs.
Objection to the use of LinkedIn Insight Tag
You can object to LinkedIn’s analysis of user behavior and targeted advertising at the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
In addition, LinkedIn members can control the use of their personal information for promotional purposes in the account settings. To prevent LinkedIn from linking information collected on our site to your LinkedIn account, you must log out of your LinkedIn account before you visit our site.
Our website uses the “Twitter website tag” of the company Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. This creates a cookie in your internet browser to collect various data.
The use is based on our legitimate interest (based on Art. 6 para. 1 lit. f GDPR) as a website operator in effective advertising measures including social media. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a GDPR and Section 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
For more information about Twitter’s privacy practices, please see Twitter’s Privacy Notes: https://twitter.com/de/privacy. Members of Twitter can control the use of their personal data for advertising purposes in their account settings. To disable the website tag (opt-out), please click here: https://optout.aboutads.info/?c=2&lang=EN. For more information about account settings and opt-out, please visit: https://help.twitter.com/de/safety-and-security/privacy-controls-for-tailored-ads.
For the purpose of demand-oriented design and continuous optimization of our pages as well as their economic operation, we use Reddit Ads and Reddit Conversion Tracking (Pixel) a marketing service of Reddit, Inc., 548 Market St. 16093, San Francisco, California 94104, USA and also use the “visitor action pixel” (Reddit Conversion Tracking) of the Reddit platform within our website.
We use Reddit Conversion Tracking for marketing and optimization purposes, in particular to analyze the use of our website and to improve individual functions and offers as well as the user experience. Through the statistical evaluation of user behavior, we want to improve our offer and make it more interesting for users. The legal basis for this is our legitimate interest in the processing of the above data by the third-party provider pursuant to Art. 6 para. 1 lit. f GDPR.
You can prevent the installation of cookies by deleting existing cookies and disabling cookie storage in your web browser settings.
Furthermore, you can also prevent the collection of the aforementioned information by Reddit by changing the appropriate settings on the following linked Reddit website: https://www.reddit.com/personalization/.
If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.
The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6(1)(a) GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address, and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.
The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to apply. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6(1)(f) GDPR.
Data stored for other purposes with us remain unaffected.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist, if such action is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.
This website uses Inxmail for sending newsletters. The provider is the Inxmail GmbH, Wetzinger Straße 17, 79106 Freiburg, Germany (hereinafter referred to as “Inxmail”).
Inxmail is a service that, among other things, organizes the mailing of newsletters and allows the analysis of such services. The data you enter for the purpose of subscribing to the newsletter is processed on Inxmail servers.
Inxmail Data Analysis
With the assistance of Inxmail, we are in a position to analyze our newsletter campaigns. For instance, this allows us to see whether a newsletter message has actually been opened and which links were clicked. This enables us to find out which links are clicked with great frequency.
We can also see whether any predefined activities took place after opening / clicking (conversion rate). This allows us to recognize whether a purchase was made after the newsletter was clicked.
Inxmail also allows us to divide newsletter recipients into different categories (clusters). It is, for example, possible to divide the newsletter recipients based on age, gender, or place of residence. This allows us to adapt our newsletters more effectively for the respective target groups. If you do not want to participate in the Inxmail analysis, you will have to unsubscribe from the newsletter. We provide a link to opt out in every newsletter message.
We use Inxmail’s anonymous tracking, which only allows us to identify you if you have explicitly consented to this in advance.
The data is processed on the basis of your consent Art. 6(1)(a) GDPR. You may revoke your consent at any time with future impact.
We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.
7. Plug-ins and Tools
YouTube with expanded data protection integration
Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.
As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.
Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.
Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.
The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6(1)(f) GDPR, this is a legitimate interest. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
For more information on how YouTube handles user data, please consult the YouTube Data Privacy Notes under: https://policies.google.com/privacy?hl=en.
Google Web Fonts (local embedding)
This website uses so-called Web Fonts provided by Google to ensure the uniform use of fonts on this site. These Google fonts are locally installed so that a connection to Google’s servers will not be established in conjunction with this application.
For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.
This page uses Font Awesome for the uniform representation of fonts and symbols. Provider is Fonticons, Inc. 6 Porter Road Apartment 3R, Cambridge, Massachusetts, USA.
When you call up a page, your browser loads the required fonts into its browser cache to display texts, fonts, and symbols correctly. For this purpose, the browser you use must connect to the servers of Font Awesome. This allows Font Awesome to know that your IP address has been used to access this website. The use of Font Awesome is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the uniform presentation of the typeface on our website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
If your browser does not support Font Awesome, a standard font from your computer will be used.
Further information about Font Awesome can be found in the Font Awesome Privacy Notes at: https://fontawesome.com/privacy
This site uses a so-called “Content Delivery Network” (CDN) by jsDelivr.
A CDN is a service that helps to deliver the content of our online offer, especially large media files, such as graphics or scripts, more quickly with the help of regionally distributed servers connected via the Internet. User data is processed solely for the aforementioned purposes and to maintain the security and functionality of the CDN.
For this purpose, the browser you use must connect to the servers of the CDN. In this way, the CDN obtains knowledge that our website has been accessed via your IP address.
The use is based on our legitimate interests, i.e. interest in a secure and efficient provision, analysis and optimization of our online offer pursuant to Art. 6 para. 1 lit. f. GDPR.
For more information, please see the Privacy Notes of jsDelivr: https://www.jsdelivr.com/terms/privacy-policy-jsdelivr-net.
This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer. In case Google Maps has been activated, Google has the option to use Google web fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your browser will load the required web fonts into your browser cache, to correctly display text and fonts.
We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://business.safety.google/controllerterms/ and https://business.safety.google/controllerterms/
For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.
We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
The purpose of reCAPTCHA is to determine whether data entered on this website (e.g., information entered into a contact form) is being provided by a human user or by an automated program. To determine this, reCAPTCHA analyzes the behavior of the website visitors based on a variety of parameters. This analysis is triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA evaluates a variety of data (e.g., IP address, time the website visitor spent on the site or cursor movements initiated by the user). The data tracked during such analyses are forwarded to Google.
reCAPTCHA analyses run entirely in the background. Website visitors are not alerted that an analysis is underway.
Data are stored and analyzed on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the protection of the operator’s websites against abusive automated spying and against SPAM. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
8. eCommerce and payment service providers
Processing of data (customer and contract data)
We collect, process, and use personal data only to the extent necessary for the establishment, content organization or change of the legal relationship (data inventory). These actions are taken on the basis of Art. 6(1)(b) GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual actions. We collect, process, and use personal data concerning the use of this website (usage data) only to the extent that this is necessary to make it possible for users to utilize the services and to bill for them.
Data transfer upon closing of contracts for services and digital content
We share personal data with third parties only if this is necessary in conjunction with the handling of the contract; for instance, with the financial institution tasked with the processing of payments.
Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur.
The basis for the processing of data is Art. 6(1)(b) GDPR, which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.
We integrate payment services of third-party companies on our website. When you make a purchase from us, your payment data (e.g. name, payment amount, bank account details, credit card number) are processed by the payment service provider for the purpose of payment processing. For these transactions, the respective contractual and data protection provisions of the respective providers apply. The use of the payment service providers is based on Art. 6(1)(b) GDPR (contract processing) and in the interest of a smooth, convenient, and secure payment transaction (Art. 6(1)(f) GDPR). Insofar as your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consent may be revoked at any time for the future.
We use the following payment services / payment service providers within the scope of this website:
The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.
Details can be found in PayPal’s Privacy Notes: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Instant transfer Sofort
The provider of this payment service is Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “Sofort GmbH”). With the help of the “Sofortüberweisung” procedure, we receive a payment confirmation from Sofort GmbH in real time and can immediately begin to fulfill our obligations. If you have chosen the payment method “Sofortüberweisung”, please send the PIN and a valid TAN to Sofort GmbH, with which it can log into your online banking account. Sofort GmbH automatically checks your account balance after logging in and carries out the transfer to us with the help of the TAN you have transmitted. Afterwards, it immediately sends us a transaction confirmation. After you log in, your turnover, the credit limit of the overdraft facility and the existence of other accounts and their balances are also checked automatically. In addition to the PIN and the TAN, the payment data entered by you as well as personal data will be transmitted to Sofort GmbH. The data about your person are first and last name, address, telephone number(s), email address, IP address and possibly other data required for payment processing. The transmission of this data is necessary to determine your identity beyond doubt and to prevent fraud attempts. For details on payment with immediate bank transfer, please refer to the following links: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/privacy and https://www.sofort.com/pay-with-sofort/
The provider of this payment service is the paydirekt GmbH, Stephanstraße 14 – 16, 60313 Frankfurt am Main, Germany (hereinafter referred to as “giropay”).
For details, please consult giropay’s Data Privacy Notes at: https://www.paydirekt.de/agb/index.html.
The provider of this payment service is the American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany (hereinafter “American Express”).
American Express may transfer data to its parent company in the US. The data transfer to the US is based on the Binding Corporate Rules. Details can be found here: https://www.americanexpress.com/en-pl/company/legal/privacy-centre/european-implementing-principles/.
For more information, please see the American Express Privacy Notes: https://www.americanexpress.com/us/privacy-center/.
The provider of this payment service Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium (hereinafter „Mastercard“).
Mastercard may transfer data to its parent company in the US. The data transfer to the US is based on the Binding Corporate Rules. Details can be found here: https://www.mastercard.us/en-us/vision/corp-responsibility/commitment-to-privacy/privacy.html and https://www.mastercard.us/content/dam/mccom/global/documents/mastercard-bcrs.pdf.
The provider of this payment service is the Visa Europe Services Inc, London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom (hereinafter “VISA”).
Great Britain is considered a secure non-EU country as far as data protection legislation is concerned. This means that the data protection level in Great Britain is equivalent to the data protection level of the European Union.
VISA may transfer data to its parent company in the US. The data transfer to the US is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.visa.de/nutzungsbedingungen/visa-globale-datenschutzmitteilung/mitteilung-zu-zustandigkeitsfragen-fur-den-ewr.html.
For more information, please refer to VISA’s Privacy Notes: https://usa.visa.com/legal/global-privacy-notice.html.
Provider of this payment service is PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main, Germany (hereinafter “PayOne”). Reference is made to PayOne’s Privacy Notes for details: https://www.payone.com/DE-en/data-protection-regulations.
9. Custom Services
Handling applicant data
We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services or by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing, and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.
Scope and purpose of the collection of data
If you submit a job application to us, we will process any affiliated personal data (e.g., contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(a) GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 GDPR and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship in our data processing system.
Data Archiving Period
If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6(1)(f) GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory data retention requirements preclude the deletion.
Disclosure of data to third parties
Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. This database is operated by Personio GmbH & Co. KG, Rundfunkplatz 4, 80335 München, Germany, which offers a human resource and applicant management software solution (https://www.personio.com/legal-notice/). In this context, Personio is our processor under article 28 of the GDPR. In this case, the processing is based on an agreement for the processing of orders between us as the controller and Personio.
10. Our social media appearances
Data processing through social networks
We maintain publicly available profiles in social networks. The individual social networks we use can be found below.
Social networks such as Facebook, Twitter etc. can generally analyze your user behavior comprehensively if you visit their website or a website with integrated social media content (e.g., like buttons or banner ads). When you visit our social media pages, numerous data protection-relevant processing operations are triggered. In detail:
If you are logged in to your social media account and visit our social media page, the operator of the social media portal can assign this visit to your user account. Under certain circumstances, your personal data may also be recorded if you are not logged in or do not have an account with the respective social media portal. In this case, this data is collected, for example, via cookies stored on your device or by recording your IP address.
Using the data collected in this way, the operators of the social media portals can create user profiles in which their preferences and interests are stored. This way you can see interest-based advertising inside and outside of your social media presence. If you have an account with the social network, interest-based advertising can be displayed on any device you are logged in to or have logged in to.
Our social media appearances should ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR. The analysis processes initiated by the social networks may be based on divergent legal bases to be specified by the operators of the social networks (e.g., consent within the meaning of Art. 6 (1) (a) GDPR).
Responsibility and assertion of rights
If you visit one of our social media sites (e.g., Facebook), we, together with the operator of the social media platform, are responsible for the data processing operations triggered during this visit. You can in principle protect your rights (information, correction, deletion, limitation of processing, data portability and complaint) vis-à-vis us as well as vis-à-vis the operator of the respective social media portal (e.g., Facebook).
Please note that despite the shared responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are determined by the company policy of the respective provider.
The data collected directly from us via the social media presence will be deleted from our systems as soon as you ask us to delete it, you revoke your consent to the storage or the purpose for the data storage lapses. Stored cookies remain on your device until you delete them. Mandatory statutory provisions – in particular, retention periods – remain unaffected.
We have no control over the storage duration of your data that are stored by the social network operators for their own purposes. For details, please contact the social network operators directly (e.g., in their Privacy Notes, see below).
Individual social networks
We have a profile on Facebook. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. According to Facebook’s statement the collected data will also be transferred to the USA and to other third-party countries.
You can customize your advertising settings independently in your user account. Click on the following link and log in: https://www.facebook.com/settings?tab=ads.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381
Details can be found in the Facebook Privacy Notes: https://www.facebook.com/about/privacy/
We use the short message service Twitter. The provider is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.
You can customize your Twitter privacy settings in your user account. Click on the following link and log in: https://twitter.com/personalization.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://gdpr.twitter.com/en/controller-to-controller-transfers.html.
For details, see the Twitter Privacy Notes: https://twitter.com/privacy.
We have a profile on XING. The provider is New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany. Details on their handling of your personal data can be found in the XING Privacy Notes: https://privacy.xing.com/en/privacy-policy.
We have a LinkedIn profile. The provider is the LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies.
If you want to disable LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.linkedin.com/legal/l/dpa und https://www.linkedin.com/legal/l/eu-sccs
For details on how they handle your personal information, please refer to LinkedIn’s Privacy Notes: https://www.linkedin.com/legal/privacy-policy.
combit Software License Agreement
Please read carefully before installing.
Issued September 1, 2022
It is in your best interest to produce backup copies regularly in order to avoid extensive damage due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the product license information.
- The following provisions apply to all software products of combit Software GmbH (referred to as combit in the following). An up-to-date version of these license terms can be accessed at https://www.combit.com/legal-notice/. In the absence of any deviating written agreements with combit, you consent to the content of these license terms by opening the sealed packaging and/or by agreeing during the installation and/or by agreeing during the registration via the electronic form respectively. Every use of the combit software, which exceeds these regulations, requires the prior written consent of combit.
- The combit software, including all further accompanying materials or documents, which will be placed at your disposal by combit regardless of the form (solid or immaterial), are protected by copyright. Unless otherwise expressly indicated, combit is exclusively entitled to all rights, particularly the copyright, trademark law and further ancillary copyrights.
- combit software is not sold but licensed. You can only become proprietor of the data carrier and the packaging. By accepting these license terms combit grants you an unlimited, not exclusive license for the use of combit software in accordance with the provisions of this license agreement.
- If you disagree with any provision of this agreement, you may neither continue with the installation nor run the combit software, pass it on or use it in any other way. In such a case, we ask you to return the combit software with its packaging to the source of purchase and you will receive a full refund of the purchase price.
- Definition of terms
- „combit software“ comprises all data processing programs and data, which are provided by combit as download or on data storage media. This also includes digitalized pictures, inventory photographs, clipart, audioand other artistic works, associated accompanying information (documentation) – also electronic versions, as well as character styles (fonts). The term „combit-software“ further comprises all upgrades, patches, modified versions, updates and/or extensions of the combit software.
- The term „use“ generally means the access, installation, download, copying, duplication, usage, playing and any other usage of the functions of the combit software.
- „Personal, user dependent software license“ means that a number of licenses must be purchased, which corresponds to the number of users/developers.
- „Upgrade“ describes a new product version of a combit software. This new product version may contain new functions and/or error corrections.
- „Upgrade“ also describes an extension of the software license. This could e.g. be an upgrade from one to several users or from the Standard to the Enterprise Edition.
- The term „computer network“ refers to an open or closed, permanent server/client network consisting of at least one central computer (server) and several computers (clients), which are capable of communicating and exchanging data among each other. The term „computer network“ also describes a permanent connection of computers to a closed network without a central computer, which saves and administers network data/applications (peer-to-peer network, cloud computing).
- „Developer“ is every person who participates in the production process of a software product or in the implementation of a software project and who has the possibility to work with the combit software and/or profits from its functionalities in the production process or the implementation.
- A „product“ is every asset, which is developed by you in a value-added process, particularly software, which is programmed by you.
- The term „project“ describes a plan to reach a specific goal and which is characterized by the fact that it is primarily a one-time project. This applies in particular to software projects at your or your customer’s business.
- „Encapsulation“ means to hide data or information in order to prevent external access, which is done by incorporating one or several runtime libraries in a customer’s new file.
- A „server application“ ” is an application or a service, which is capable of being launched or used on one computer by another computer. A server application refers in particular to web server and in-house intranet server.
Content of the services
- combit grants you a personal, non-exclusive right of use of combit software including its documentation. The software license granted to the customer is user-dependent and personal. If combit software is purchased by a legal entity, a person must be designated within the organization to have the sole right to use the software. The granting of sub-licenses is not permissible.
- You may install and use copies of combit software up to the agreed and permissible number on one computer and the permissible number of computers respectively. If you switch to a different computer, you are obligated to delete combit software completely from the previous computer if the permissible number of users is otherwise exceeded.
- If a rotational backup of the complete data including combit software is required for data security reasons or in order to assure a quick reactivation of the computer after a total breakdown you are allowed to make as many backup copies as absolutely necessary. The respective data carriers are to be marked adequately and may only be used for archival purposes.
- The generation of further copies of combit software is not permitted.
- You are obligated to prevent unauthorized third parties from accessing original data carriers, back up and further copies, license information as well as the documentation of the combit software. The duty to comply with the license terms as well as the copyright of combit software is to be expressly pointed out to employees.
- Multiple use and use within a network
- It is not permitted to simultaneously store, retain and use more copies of combit software as licensed. If you – or several people – want to use combit software on multiple computers, you have to purchase the respective number of licenses of combit software.
- You may install a copy of combit software on a computer, which is connected to a computer network in order to download and install the permitted number of combit software on other computers in the computer network. The number of developers/users, who have access to or use combit software, may not exceed the permitted number; in the absence of any deviating entries in the product description, it is irrelevant for this number if the software is being used at the same time or at different times. Other terms shall only apply if a simultaneous access license is granted for certain products (e.g. combit Relationship Manager). In this case, there is no limit as to the number of installed copies of the software; however, simultaneous use is only permitted in accordance with the number of purchased licenses.
- Every other use of combit software within a computer network is not permitted. This includes direct use via commands, data or instructions from or to another computer, which is not part of the computer network, the use for Internet or application service provider or web hosting services or the use of the software by unauthorized developers/users. If combit software is used within a computer network, you are obligated to prevent unauthorized use and use, which exceeds the number of licenses of combit software by implementing adequate access regulations.
- If combit grants a notebook license, it is a single user license in terms of content, which is sold at a reduced rate due to an existing basic license. The notebook license is only valid in combination with a basic license and does not increase the number of personalized users./p>
- If the data medium contains software of third parties (e.g. Microsoft SQL Server Express), a use of this third party software is only permitted if a license agreement is concluded with the third-party developer.
- The contractually designated right of use of combit software is granted upon full payment of the license/purchase price by the customer. Until complete payment, combit reserves the right to transfer ownership. In order to protect the license, there are safeguards integrated in the combit software, which to some extent will transmit violations of the permitted number of users within the network.
- In case the contract is reversed the customer is obligated to delete the original combit software and all copies including any modified copies as well as all provided written material. In this case, you are obliged to provide combit with a written notification confirming the deletion.
- Even if various combit software products support third-party software for signature processes, combit explicitly indicates that it is neither a provider of signature software nor a certified provider of digital signatures.
- combit reserves the right to make product modifications, which do not affect the software’s general operability.
- Source code, decompiling and program modifications
- The client will receive the combit software in the form of object code. The client will only be provided with technical program documentations, in particular the source code, if this is specified in the user documentation (development tools).
- You commit yourself not to change, translate or alter the combit software. You also undertake to neither decompile the provided combit software nor to disassemble it or to carry out any further actions, which enable you to reveal the various manufacturing stages (reverse engineering) or to try to uncover the source code of combit software in any other way or to translate it into a generally readable form without prior written consent of combit.
- Under no circumstances may copy protection mechanisms or any further protection routines, copyright mentions, serial numbers as well as other features necessary for the identification of the program be disabled or altered.
- combit publishes upgrades for combit software at their own discretion. This will be made available to you for a license fee.
- In order to be able to use upgrades you must be in possession of a valid license for the combit software. If the combit software is an upgrade of a previous version, you must be in possession of a valid license of this previous version of the combit software in order to be able to use the upgrade.
- You may only upgrade combit software upon payment of a license fee and if you are already in possession of a valid license. Licenses for upgrades of combit software must be purchased according to the permissible number.
- All upgrades will be made available to you based on a license exchange. You accept that by using the upgrade you voluntarily renounce the right to use the previous version of the software. You confirm that all of combit’s obligations to support previous versions of the combit software are terminated after availability of the upgrade.
- Development tools
- If multiple developers work on a product/project for which combit software is used, each developer of the product/project must have his own license.
- If multiple developers work on a product/project and if therefore multiple licenses are required, these licenses must all be of the same license type. This means that a parallel use of Standard and e.g. Professional or Enterprise editions is not possible.
- In the context of the development, it is not permitted to design a program or a module whose goal it is to be primarily used in print and/or primarily for the preparation/allocation of reports (such as label software, reporting programs, etc.) or which compete directly with combit software.
- You have the right to reproduce or pass on the object code version of parts of the combit software if these are expressly marked as redistributable components in the documentation.
- You do not have the right to distribute the object code of the redistributable component/runtime module of the combit software as part of a software product, which could be used for the development of software products. Therefore, the functionality of the redistributable components/runtime modules of the combit software must not be made available to third parties and combit software must not be usable separately from this surrounding software application.
- You also do not have the right to encapsulate the redistributable components/runtime modules of the combit software into your own runtime modules. Therefore, you are prohibited from providing the redistributable components/runtime modules for instance in source code or also in compiled form (such as DLL or EXE-file) to other developers.
- It is possible to deviate from the license agreement in ciphers 2.5.3 – 2.5.6 by way of a written supplemental agreement.
- The redistributable components/runtime modules may only be passed on to third parties under the following conditions:
- no encapsulation of redistributable components/runtime modules of the combit software;
- combit software is used in accordance with the license terms whereas particularly the number of developers/users may not be exceeded;
- you will distribute the redistributable components/runtime modules of the combit software only with your software product and as part of the same;
- you will not use the name, logo, brand or any other characteristics of combit or the combit software for the marketing of your software product;
- you will undertake any end customer support, particularly for the redistributable components/runtime modules;
- you will keep combit indemnified against all liabilities including attorney fees which could arise from the use of your software product;
- due to license terms the end customer will be specifically prohibited from redistributing the redistributable components/runtime models and
- the license terms must contain an explicit and distinct copyright notice, which points out combit’s proprietorship of the redistributable components/runtime modules. This copyright notice is to be included in the start-up screen and/or the program information and is to be placed clearly visible on the screen. This implies that the aforementioned copyright notice is always placed next to your own copyright notice and presented in identical size. It is generally possible to waive the obligation to display the copyright notice by means of a separate agreement (copyright waiver). Such an agreement must be in writing. Please contact our sales department if you are interested.
- Using the combit software as part of a server/web server application on the Internet/Intranet, for example accessible via the http/https protocol, is only permitted if you purchase an Enterprise Edition.
- The aforementioned rights within the scope of the development tool will be granted by means of purchase of the standard edition of the respective combit software. By purchasing the Professional or the Enterprise Edition, your legal position will be strengthened and extended. Additionally, there is the possibility to make individual arrangements. Please contact the sales department for further information. In this context, we would also like to refer you to the FAQ, which are available on www.combit.com/faq/.
Ensuring the performance of the services
- Claims for defects
- Unless otherwise specified below, the statutory provisions apply to your rights in case of material defects and defects of title.
- The basis for any claim for defects is first and foremost the agreement regarding the condition of the combit software. The product description, which you were provided with at the time of order or which was incorporated by means of written agreement, shall be considered as agreement on the quality of the product.
- If the parties did not agree on the condition of the goods, the existence of a defect is to be determined by means of the statutory rules (Sec. 434 para. 2 s. 2 and 3 BGB). Any information about the product contained in leaflets, brochures, advertisements, documentation and similar writings are only descriptions and do not contain any statement regarding the condition of the goods.
- By taking quality assurance measures, combit puts in great efforts to assure that the product is free of any defects. However, according to today’s state of the art it is not possible to produce software free of defects.
- If you are a merchant, claims for defects require that you complied with your statutory obligation to examine the goods and give notice of non-conformity (sect. 377, 381 HGB). If the examination shows or you later discover a defect, combit must be notified immediately about the deficiency of the goods. The notification is considered immediately if sent within two weeks whereas timely dispatch shall suffice to keep the term. Independent of this obligation to examine and give notice of the non-conformity of the goods you must inform combit in writing within two weeks after delivery of obvious defects (including wrong and short delivery). Timely dispatch shall suffice to keep the term.
- If you fail to examine the goods and/or fail to give notice of defect, combit’s liability for this defect is excluded.
- If the delivered object is defective, you may choose between the remedy of the defect (amendment) and the delivery of an object free of defects (compensation delivery). If you do not choose any of the aforementioned rights, combit may allow a reasonable time to do so. If you do not make a choice within this time limit, the right of choice demises to combit.
- combit is entitled to hinge the supplementary performance on the due payment of the purchase price. You are entitled to retain a – in relation to the defect – fair amount of the purchase price. You must hand over the rejected goods to combit for test purposes and grant the time necessary for the supplementary performance. In case of compensation delivery, you must return the defective object according to the statutory provisions.
- If a defect really exists, combit is responsible for any costs incurred by the examination and supplementary performance, in particular transport, infrastructure, labor and material costs. However, if your request for removal of defects turns out to be unjustified, combit may ask for reimbursement of the incurred costs.
- In urgent cases, such as the threat of the operational safety or in order to prevent disproportionately large damage, you have the right to remedy the deficiencies yourself and ask combit for reimbursement of the cost necessary from an objective point of view. combit is to be informed immediately of and if possible prior to such a self-remedy of defects. However, there is no right to self-remedy of defects if combit is entitled to refuse supplementary performance under the statutory provisions.
- If supplementary performance fails or a suitable period of time for supplementary performance has lapsed without success or is legally superfluous, you may exercise your right of withdrawal or request an abatement of the purchase price. In case the defect is insignificant, the right of withdrawal is excluded.
- Any entitlement of damages and any compensation for futile expenses exist only in accordance with sect. 3.2 and are excluded for all other cases.
- If a program or parts of a program is modified or extended by yourself, any warranty claim will lapse unless it can be proven that in case of defect this modification and/or extension did not cause the defect. The warranty claim lapses also if the defect, failure or damage was caused by improper use, disregard of data security instructions, hardware failure, failure of the operating system or any other incident, which is outside of combit’s area of responsibility.
- combit is liable without limitations for damages
- for injuries to life, body or health resulting from an intentional or negligent breach of duty or behavior of combit or one of its legal representatives or auxiliary persons;
- caused by the absence or the omission of a guaranteed quality or the failure to comply with a guaranty;
- caused by an intentional or grossly negligent breach of duty or behavior of combit or one of its legal representatives or auxiliary persons;
- caused by fraudulent concealment of a defect by combit.
- combit’s liability is limited to the compensation of losses foreseeable and typical for this contract and cause by a negligent breach of a substantial contractual obligation (cardinal obligation) by combit or one of its legal representatives or auxiliary persons.
- combit’s liability for all further cases of negligence is limited to an annual compensation or a sum five-times the purchase price for each case of damage.
- In case of data loss caused by negligence, combit is only liable for damage, which would have been caused even if you had secured the data properly and on a regular basis, depending on the importance of the data; this limitation does not apply if the data backup was impossible or impeded due to reasons attributable to combit.
- The aforementioned provisions apply correspondingly to combit’s liability with regard to the compensation for futile expenses.
- The liability according to the Product Liability Act remains unaffected.
- In case combit is not liable according to ciphers 3.2.1 – 3.2.6 all further liability is hereby excluded.
- combit is liable without limitations for damages
- Limitation of time
- Deviating from sec. 438 para. 1 no. 3 Civil Code (BGB), the limitation period for claims arising out of material defects or defect of title is one year after handover. The legal special regulations shall remain unaffected for claims for return based upon a property right of a third person (sec. 438 para. 1 no. 1 BGB), in case of fraudulent intent of combit (sec. 438 para. 3 BGB) and for suppliers’ claims for recourse in case of final delivery to a consumer (sec. 479 BGB).
- The aforementioned limitation period of the sale of goods law applies also to contractual and non-contractual claims for damages of the customer, which originate from a defect of the contract goods, unless the application of the regular statutory limitation period (sec. 195, 199 BGB) results in a shorter limitation period in individual cases. The limitation period of the Product Liability Act remains unaffected.
- Right to be informed
- Due to copyright reasons and in order to secure combit’s position, the parties agree to a contractual right to be informed. combit may inquire at any time how many users and/or developers are using combit software or are working on a product/project.
- Claims for defects
- Commencement and termination of contract
- All rights according to these provisions will set in with complete payment of the license fee.
- The license is granted for an indefinite period of time. If you violate any of these fixed license terms the license will automatically be terminated without notice. In case of termination, you are obligated to delete the software and all back-up copies. In this case, you are obliged to provide combit with a written notification confirming the deletion.
- Commencement and termination of contract
- The law of the Federal Republic of Germany applies to this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
- Jurisdiction for all disputes arising out of or in connection with the contract is the domicile of combit for all merchants, corporate bodies under public law or public fund assets within the meaning of the Commercial Code (HGB). Place of performance for delivery and payment is the registered office of combit. combit may file a suit against merchants at the customer’s place of jurisdiction or any other legal jurisdiction. As for the rest, the legal requirements shall apply.
- The parties did not agree on any subsidiary arrangements. Any amendments must be made in writing. The same applies to the removal of the written form clause.
- Should individual terms of the contract including this provision be or become partially or completely invalid, this shall not affect the validity of the other contract terms. The terms of the contract comply with the statutory provisions. In the absence of statutory provisions, the invalid provision shall be replaced by a provision which comes as close as possible to the economic intent.
- This English version shall be used only for assistance in translation of the German version of the Software License Agreement. For any legal interpretation or claim, the German version shall prevail. The German version can be accessed at www.combit.net/lizenzvertrag.
General Terms and Conditions of combit GmbH
Please read carefully.
Issued September 1, 2022
It is in your best interest to produce backup copies regularly in order to avoid extensive damage due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the product license information.
- combit Software GmbH (hereinafter referred to as “combit”) concludes contracts exclusively on the basis of these General Terms and Conditions in the version valid at the time of the order. Terms and conditions of the customer deviating from our General Terms and Conditions are not valid, unless combit expressly agrees to them. They are also the basis for all future services and deliveries, even if their inclusion is not expressly agreed upon again.
- combit does not conclude contracts with consumers / private persons. All prices on the website are – subject to deviating information – plus statutory value added tax.
Formation of contracts
- The offers of combit on the Internet represent a non-binding invitation to the customer to order goods or services or digital content. By sending the order (click on the button “Buy now”) on our website, the customer submits a binding offer to conclude a contract.
- The confirmation of receipt of the order follows immediately after sending the order and does not constitute an acceptance of the contract. combit may declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (email or fax), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods, in which case the receipt of the goods by the customer is decisive, or by requesting payment from the customer after submission of the order (e.g. in case of PayPal payment). If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If combit does not declare acceptance within the aforementioned period, this is considered a rejection with the consequence that the customer is no longer bound to their declaration of intent.
- Information contained in brochures, advertisements, documentation and similar writings as well as information on our website are only descriptions and do not contain any guarantee of the quality of the products. The guarantee of the quality of the products requires an express written agreement. This also applies to price quotations or information on the release of supplements and extensions. The technical data, specifications and performance descriptions in the software product description do not constitute a warranty of quality unless they have been expressly confirmed as such by combit.
- Irrespective of the time and form of the agreement, agreements on the customer’s rights to the software (software license agreement), its care and maintenance and training on the use of the provided software as well as accessory deliveries and other services are each legally independent and separate contracts with regard to mutual rights and obligations, legal consequences and warranty.
- When submitting an offer via combit’s online order form, the text of the contract will be stored by combit and sent to the customer in text form (e.g. email, fax or letter) after sending their order together with these GTC. combit does not make the contract text accessible beyond this. If the customer has created a user account in combit’s online store, they can view their order data there.
- Before binding submission of the order via combit’s online form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
- The following provisions shall apply to the sale of digital content in addition to the aforementioned paragraphs. Digital content is content that is provided to the customer in digital form and not on a physical data carrier for use to the extent of the rights of use granted in each case.
- The subject matter of the contract for the sale of digital content is the provision of this content in a suitable digital form and the transfer of a simple, temporally and spatially unrestricted right of use to the digital content. The customer is not entitled to reproduce the provided digital contents physically or electronically and/or to transfer reproduction pieces to third parties and/or to transfer the rights of use granted to him, unless such reproduction or transfer of rights of use has been expressly permitted by combit or is required due to the nature or the intended use or the functionality of the digital contents. The transfer of the rights of use only takes place upon full payment of the contractually owed remuneration. If combit makes the digital content available to the customer before this point in time, this is not to be considered an implied transfer of rights of use.
- In case of the sale of digital contents that are not delivered on a physical data carrier, the acceptance of the contract shall be effected in deviation from section 3.2 without a preceding confirmation email. Acceptance can be declared by combit within five days by sending a written order confirmation or an order confirmation in text form (email or fax), in which case the receipt of the order confirmation by the customer is decisive, or by enabling the customer to download the digital content, or by requesting the customer to make payment after placing the order (e.g. in case of Paypal payment). If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If combit does not declare acceptance within the aforementioned period, this is considered a rejection with the consequence that the customer is no longer bound to their declaration of intent.
- For the conclusion of the contract the German language is exclusively available. This English version shall be used only for assistance in translation of the German version of the GTC. For any legal interpretation or claim, the German version shall prevail.
Terms of payment
- The prices listed on our website at the time of the order apply. Payments are due upon receipt of the goods without deduction. After 8 days the customer is in default of payment. If the customer is in default of payment, combit is entitled to charge default interest in the amount of nine percentage points above the base interest rate of the European Central Bank. In case combit claims further damage caused by default, the customer has the possibility to prove that the claimed damage caused by default did not occur at all or at a lower amount.
- Bills of exchange, checks and other money order papers are generally not accepted. In the event of acceptance, this shall only take place on account of performance.
- The customer may only set off claims that are undisputed or have become res judicata. The customer shall only be entitled to rights of retention insofar as they are based on the same contractual relationship.
Delivery and service not provided in accordance with the contract
- Delivery and service deadlines are only binding if they are included in a written offer or the written order confirmation by combit. After expiration of binding delivery and service deadlines, the customer must first set combit a grace period of 14 days in writing. After fruitless expiration of this grace period, the customer may withdraw from the contract. The stated deadlines refer to the time of dispatch of the delivery from combit’s place of business.
- An appropriate extension of the delivery and service deadlines occurs if unforeseen events or force majeure, such as strikes, lockouts, traffic disruptions, official measures, etc., have a significant impact on the deliveries or services of combit. If obstacles last longer than one month or if, due to such an obstacle, the delivery or service cannot be provided permanently or not in accordance with the contract, both parties are entitled to withdraw from the contract.
Retention of title
- Until full settlement of all claims resulting from this contractual relationship and all other claims existing against the customer at the time of conclusion of the contract, combit retains title to delivered products (hereinafter: reserved goods).
- The customer may incorporate goods subject to retention of title in the ordinary course of their business. However, any combination, mixing, processing or transformation of the goods subject to retention of title shall be made exclusively for combit, which shall acquire a co-ownership share in the finished goods or in the new item corresponding to the ratio of the value of the goods subject to retention of title to the value of the finished goods or the new item.
- The customer is entitled to resell the goods subject to retention of title or items co-owned by combit in the ordinary course of business subject to retention of title. The customer hereby assigns their future claims from the resale in the respective invoice value of the goods subject to retention of title until full payment of all claims mentioned in section 6.1 as security to combit, which accepts this assignment. If combit has only a co-ownership share in the sold items, these claims are assigned in each case in the amount of the sales value of this share, but with priority over the other claims.
- The customer must notify combit immediately of any change in ownership of the goods subject to retention of title as well as of their own change of residence or place of business.
- In case of seizure of goods subject to retention of title, the customer must point out combit’s ownership and notify combit immediately in writing.
- combit is entitled to withdraw from the contract in case of breach of contract by the customer and to demand return of the goods subject to retention of title.
Transfer of risk and shipment
- The risk of accidental loss and accidental deterioration of the product shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the item to the forwarding agent, carrier or other person or institution designated to ship the item.
- The same consequences arise if the buyer is in default in accepting delivery.
- Unless the customer gives special instructions for the shipment (express delivery, fast parcel, etc.), it will be carried out by combit to the best of its ability and subject to the most favorable mode of shipment.
- For software licenses, the current combit software license agreement also applies.
Trainings, web seminars and online workshops
- combit offers trainings, web seminars and online workshops (hereinafter referred to as “training”) for its software products. A qualified trainer is provided. The training content for standard trainings and web seminars results from the training agenda and the participant level.
- The services for individual training courses and online workshops are based on the customer’s requirements with regard to training content, number of training days, number of participants and training location and must be sufficiently agreed upon before the training date.
- Withdrawal by the customer: The customer can withdraw from their registration up to two weeks before the training date. The timeliness depends on the receipt of the written notice of withdrawal by combit. In this case, combit will receive a processing fee of 40% of the training fees as compensation for the premature termination of the contract. If the customer withdraws within two weeks before the start of the training, the complete training fee is due. For participants who cannot attend, the customer can name substitute participants at any time, which they will inform combit of.
- Withdrawal by combit: combit may withdraw from the contract in cases of a minimum number of participants listed in the service description if there are not enough registrations up to one week before the training date.
- If combit has to cancel an event for reasons for which combit is not responsible or has to relocate the event to another location (e.g. due to severe weather or comparable exceptional situations or due to the trainer’s absence due to illness), combit will propose to the participants / contractual partners an alternative date, an alternative event or an alternative location or the implementation of the event within the scope of an online presentation. In case of an alternative date or event, a refund of the participation fee will take place if the participant cannot or does not want to attend the alternative date / event. In the event of a relocation to another venue, a refund of the event fee will only take place if the participant cannot reasonably be expected to travel to the new venue (e.g. in the event of significantly longer travel times or poorer accessibility).
- Modification of the training: combit reserves the right to slightly modify the content of the training and to change the date and location with prior notice. If a participant is unable to attend the standard training due to a change of date or location, they have the right to rebook for a new date with comparable training content free of charge.
- Copyrights: Training documents as well as the software provided may not be reproduced.
- Cooperation of the customer: The customer is obligated to immediately provide combit with all information required to fulfill combit’s contractual services. Upon request, the customer will provide test data of sufficient type and quantity.
- The content conveyed in the trainings does not constitute a guarantee for the quality of the products.
- combit is entitled to engage subcontractors to fulfill its contractual obligations.
- combit makes considerable efforts to achieve a largely defect-free software product through quality assurance measures. However, combit points out that it is not possible to produce software that is completely free of defects according to the current state of the art.
- If the goods are defective, the customer shall be entitled to subsequent performance. A defect exists if the goods do not have the contractually agreed quality at the time of transfer of risk, if they are not suitable for the contractually assumed use or if agreed accessories and instructions including the installation manual were not provided. Furthermore, a defect exists if the goods do not meet the installation requirements, if the installation was performed improperly by combit or if the improper performance is based on a defect in the installation instructions provided by combit. Any further liability for defects in cases where the goods do not comply with the objective requirements as defined by § 434 para. 3 BGB is excluded.
- In case of supplementary performance, the customer initially has the choice whether this supplementary performance shall be carried out by repair or replacement. However, combit is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate costs or if a follow-up product exists that no longer has this defect and the other type of subsequent performance remains without significant disadvantages for the customer. If the customer chooses supplementary performance, they must provide combit with access to the software for the purpose of supplementary performance. In this case, combit bears the costs of the return.
- If rectification attempts by combit fail, whereby a double rectification attempt is permissible, or if combit does not offer an error-corrected new software version, the customer has a right to rescind the contract (withdrawal) or a right to a reasonable reduction of the remuneration (reduction).
- However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract and to claim damages in lieu of the entire performance.
- The customer does not receive guarantees in the legal sense from combit, unless it is agreed upon in writing.
- The warranty claim does not apply to such programs or program parts that have been modified or extended by the customer himself, unless the customer proves to combit that such modifications or extensions are not the cause of the defect. The warranty claim is furthermore void for defects, malfunctions or damages that are due to improper operation, errors of the hardware, the operating systems, non-observance of the data backup regulations or other processes that are beyond the responsibility of combit or if the customer denies combit the opportunity to investigate the cause of the reported defect.
- The limitation period is 1 year from receipt of the goods.
Notice of defects
- If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
Liability for defects
- combit is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
- combit shall be liable without limitation for any legal reason in case of intent or gross negligence, in case of intentional or negligent injury to life, body or health, on the basis of a warranty promise, unless otherwise provided in this respect, or on the basis of mandatory liability such as under the Product Liability Act.
- If combit negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the preceding section. Material contractual obligations are obligations which the contract imposes on combit according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.
- If the customer, when purchasing goods with digital elements or when purchasing digital products (digital contents and services), fails to install an update provided to him within a reasonable period of time, combit is not liable for a material defect that is solely due to the lack of this update.
- Any further liability of combit is excluded.
- The above liability provisions also apply with regard to combit’s liability for its vicarious agents and legal representatives.
- An exclusion period of 18 months applies to the limitation period for all claims that are not subject to the limitation period due to a defect in the item. It begins from knowledge of the damage and the person of the damaging party.
- combit is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
- The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
- combit’s registered office shall be the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship in the case of a merchant, a legal entity under public law or a special fund under public law within the meaning of the German Commercial Code. Place of performance for delivery and payment is the registered office of combit. If the customer is a merchant in the sense of the HGB, combit is free to file suit at the customer’s place of jurisdiction or any other legal place of jurisdiction. Otherwise, the statutory provisions shall apply.
- Subsidiary agreements have not been made. Additions to these general terms and conditions must be made in text form. The same applies to the cancellation of this clause.
Guidelines for Participating in combit Forums
Participation in our Forums via own posts is based upon certain rules. When posting to the forums, you confirm that you’re in agreement with these rules. We reserve the right to ban users from the forums. Please read the following guidelines carefully, before making your first post.
Content of the Forums
The main purpose of the Forums is the ability to share information on and knowledge about our products. Users can ask questions which other users can answer.
At times, you’ll also receive answers from our Support Team staff members. Please note that no response times are guaranteed – if you urgently require a response, the Support team is at your direct disposal anytime. Please direct any severe problems, general requests, suggestions, and any other urgent matter to the respective departments within our enterprise. Our team will quickly assist you then.
Formatting and Content of Posts
Each post should
- contain the author’s true, real name. Please don’t use pseudonyms, aliases, etc.
Please do not post
- questions in regards to internal license protection and/or copyrights.
- links to external non-combit websites.
Advertisements, Spam, Insults, etc.
Posting advertisements/spam is not permitted in our Forums. Insults to other users, companies and/or combit are not accepted.
Please be aware that the posts do not originate from combit. We simply offer the technical medium for user communication purposes. combit does not accept any responsibility for posts. combit cannot guarantee that the posts contain correct or optimum solutions to problems/questions. When making changes, we generally suggest that you completely back up your data in order to prevent data loss.
- Please also be aware of the combit Software License Agreement and the stipulations therein.
- Modifications to the Forums are subject to change without notice.
- The availability of the Forums is not guaranteed.
- There is no right of publication of a posting.
- Forums can, if deemed necessary, be closed or discontinued.
Please also take notice of the following hints that refer to answers from our Support Team:
- The information given by combit or the Support Team is for purely informative purposes and does not stand under guarantee.
- Although our goal is to give you the best information we can, errors and mistakes may occur.
- In some cases the information has been given in order to help you with a special task, even though the product wasn’t necessarily meant for that specific purpose.
- This information does not have an effect on your product guarantee.
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