Contact

Imprint

EUTECT GmbH
We create connections

Address:
Filsenbergstraße 10
72144 Dusslingen
Germany

Phone: +49 (0) 7072-92890-0
Fax: +49 (0) 7072-92890-92

E-Mail: info@eutect.de

CEO: Matthias Fehrenbach
Responsible for the content of the homepage: Matthias Fehrenbach

Commercial register: B
Register number: HRB 732336
Stuttgart district court
VAT ID No.: DE 271 031 675

Design & Programming:
Butter and Salt tech Marketing GmbH
Lindenallee 20
14050 Berlin
Phone: 030 585 846 015
Email: info@butter-and-salt.de

If you have any questions about our products or services, please contact the relevant employee and contact partner.

For technical or content-related questions about this homepage, please contact info@eutect.de

Disclaimer

Liability for contents

As a service provider, in accordance with § 7 Para. 1 TMG, we are responsible for our own contents on these pages according to general legislation. In accordance with §§ 8 to 10 TMG, as service provider we are not however obligated to monitor transmitted or stored third-party information or to search for circumstances that indicate an illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. A liability in this regard is however only possible from the moment a concrete legal violation comes to our attention. Once we become aware of such legal violations, we will remove these contents immediately.

Liability for links

Our offering contains links to external websites of third parties, on the contents of which we have no influence. For this reason we can also not accept any liability for these third-party contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked sites were checked for possible legal infringements at the time of linking. Illegal contents were not apparent at the time of linking. A permanent content-related control of the linked sites is however not reasonable without concrete indications of a legal violation. Once we become aware of any legal violations, we will remove such links immediately.

Copyright

The contents and works created on these pages by the website operator are subject to German copyright law. The duplication, editing, dissemination and any kind of exploitation outside the limits of the copyright law requires the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the contents on this site have not been created by the operator, the copyrights of third parties are observed. In particular, third-party contents are marked as such. Nevertheless, if you become aware of a copyright infringement, we kindly request corresponding notification. Once we become aware of legal violations, we will remove such contents immediately.

Travel & Accommodation

Visit us directly at our company building. Get an impression of our Swabian, owner-managed company. Here you will find all information about travel and accommodation.

Where you can find us

Arrival by plane

Accomodation

On request we will naturally book a room for you or give you tips for restaurants and excursion options. We are also pleased to inform you about evening events and other activities in and around the university city of Tübingen.

Data Protection Declaration

Thank you for your interest in our company. In principle, it is possible to use our website without providing any personal data. However, if a data subject wants to make use of certain company services via our website, it may be necessary to process his or her personal data.
The aim of this privacy policy is to inform the public about the nature, scope and purpose of the personal data that we collect, use and process. This privacy policy also explains the rights that data subjects have.

  1. Definitions

1) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller responsible for processing.

3) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

5) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

6) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

7) Controller
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

8) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.

10) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

11) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

  1. Name and address of the controller
    The controller within the meaning of the General Data Protection Regulation and other national data protection laws in the Member States and other data protection regulations is:
    Eutect GmbH
    Managing director:
    Matthias Fehrenbach
    Filsenbergstrasse 10
    72144 Dusslingen
    Germany
    Tel.: +49 (0) 7072-92890-0
    Fax: +49 (0) 7072-92890-92
    Email: info@eutect.de
    Website: www.eutect.de

III. Name and address of the data protection officer
The controller’s data protection officer is:
Lothar Dieter
c/o Eutect GmbH
Filsenbergstrasse 10
72144 Dusslingen
Germany
Tel.: +49 (0) 7072-92890-21
Email: datenschutz@eutect.de

  1. Scope of the processing of personal data
    In principle, we process the personal data of our users only when this is necessary for the provision of a functioning website and its content and services.
  2. Legal bases for the processing of personal data
    Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis, provided that we obtain consent from the data subject to carry out processing operations on his or her personal data.
    For the processing of personal data that is necessary for the performance of a contract to which the data subject is party, the legal basis is Article 6 (1) (b) GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.
    If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, the legal basis is Article 6 (1) (c) GDPR.
    In the event that the vital interests of the data subject or of another natural person make the processing of personal data necessary, Article 6 (1) (d) GDPR serves as the legal basis.
    If processing is necessary for the purposes of safeguarding the legitimate interests pursued by our company or a third party and if the interests and fundamental rights and freedoms of the data subject do not override the former interest, Article 6 (1) (f) GDPR serves as the legal basis.
  3. Data erasure and storage period
    The personal data of the data subject are erased or made inaccessible as soon as the purpose of the storage no longer applies. Data can also be stored if this has been provided for by European or national legislators in Union regulations, laws or other requirements to which the controller is subject. The data are also made inaccessible or erased when the storage period, specified by the standards referred to, has elapsed, unless further storage of the data is necessary for entering into or performance of a contract.

VII. Transfer of data to third parties
As a basic principle, your personal data are not transferred to third parties for any purpose other than those listed below.
We disclose your personal data to third parties only if:
• you have given your explicit consent in accordance with Article 6 (1) sentence 1 (a) GDPR for us to do so;
• it is necessary in accordance with Article 6 (1) sentence 1 (f) GDPR to disclose the data for the establishment, exercise or defence of legal claims and if there are no reasons to consider that you have an overriding legitimate interest in the non-disclosure of your data;
• there is a legal obligation to disclose the data in accordance with Article 6 (1) sentence 1 (c) GDPR;
• this is permitted by law and is necessary in accordance with Article 6 (1) sentence 1 (b) GDPR for the performance of a contract to which you are party.

VIII. Description and scope of the data processing

  1. Requesting the website
  2. Description and scope of the data processing
    Every time our website is requested, our system automatically records data and information from the computer system on the requesting computer.
    The following data are collected during this process:
    (1) Information about the browser type and version used;
    (2) The user’s operating system;
    (3) The user’s internet service provider;
    (4) The user’s IP address;
    (5) Date and time the website is accessed;
    (6) Websites which directed the user’s system to our website;
    (7) Websites that the user’s system requests via our website.

The log files contain IP addresses or other data which allow them to be attributed to a user. This may be the case if, for example, the link to the website which directs the user to our website or the link to the website which the user switches to contains personal data.

The data are also stored in the log files of our system. We do not store these data together with other personal data concerning the user.

  1. Legal basis
    The legal basis for the temporary storage of data and log files is Article 6 (1) l (f) GDPR.
  2. Purpose
    It is necessary for our system to temporarily store the IP address so that it can deliver the website to the user’s computer. The user’s IP address must be stored for the duration of the session in order to do this.
    The data are stored in log files in order to ensure that the website functions properly. The data also help us to optimise our website and to ensure that our information technology systems are secure. In that context, we do not analyse the data for marketing purposes.
    These purposes represent our legitimate interest in the data processing in accordance with Article 6 (1) (f) GDPR.
  3. Storage period
    The data are erased once they are no longer necessary for achieving the purpose for which they were collected. For data that are recorded to enable the provision of the website, this is when the session has ended.
    For data that are stored in log files, this is after seven days at the latest. They may be stored for longer than this. In this case, the users’ IP addresses are erased or anonymised so that it is no longer possible to attribute the data to the client making the request.
  4. Right to objection and removal
    It is absolutely necessary both to record data in order to provide our website and to store the data in log files in order to operate our website. The user therefore does not have the right to object to this.
  5. Cookies
  6. Description and scope of the data processing
    Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. A cookie may be stored on a user’s operating system if the user requests a website. This cookie contains a character string which allows the browser to be easily identified when it next requests the same website.

When the website is requested, only the following session ID cookies (necessary for the technical provision of the website) are placed:

be_typo_user = Typo3 backend user session identification (login)
fe_typo_user = Typo3 user session identifier (login)
PHPSESSID = This session cookie places a random session ID for Typo3

  1. Legal basis
    The legal basis for the processing of personal data using cookies is Article 6 (1) (f) GDPR.
  2. Purpose
    Cookies that are necessary for technical provision are used in order to enable and make it easier for users to use websites. Some of the functions of our website will not function without the use of cookies. These functions require the browser to be recognised even after the user has switched sites.
  3. Storage period and right to removal
    All three of the aforementioned cookies expire once the session has ended.
    As a user, you have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been stored can be deleted at any time. They can also be automatically deleted. If cookies are disabled for our website, it may no longer be possible to use all the functions on our website properly.
  4. Email contact
    a. Description and scope of the data processing
    It is possible to contact us via the email address provided. In this case, we store the user’s personal data transferred via the email. In that context, we do not disclose these data to third parties. The data are used solely to process the communication.
  5. Legal basis
    The legal basis for the processing of data that are transferred when a user contacts us is Article 6 (1) (f) GDPR. If the purpose of the email correspondence is to enter into a contract, the additional legal basis for the processing of the data is Article 6 (1) (b) GDPR.
  6. Purpose
    We process personal data in order to process correspondence. Email correspondence also represents the necessary legitimate interest in the processing of the data.
  7. Storage period
    The data are erased once they are no longer necessary for achieving the purpose for which they were collected. For personal data submitted via the input mask on the contact form and personal data sent via email, this is the case when the respective communication with the user has come to an end. The communication comes to an end when circumstances indicate that the matter in question has been fully resolved, unless it is necessary to retain the data for reasons relating to civil, commercial or tax law in accordance with Article 6 (1) (c) GDPR.

The additional personal data collected during the submission process are erased after a period of seven days at the latest.

  1. Right to objection and removal
    The user may at any time withdraw his or her consent for the processing of his or her personal data. If the user contacts us via email, her or she may object to the storage of his or her personal data at any time. In such a case, communication cannot be continued.
    All personal data that were stored in the process of the correspondence are erased in this case.
  2. Newsletter / news feed
  3. Description and scope of the data processing
    You have the option of signing up to our newsletter or news feed.
    For the news feed you can choose a bookmark and attach it to your toolbar, for example.
    The following data are collected in the process:

You can sign up to our newsletter using the input mask provided on our website.
The input mask collects the following data:
Gender
Surname
Email address
The following information is also collected during the sign-up process:
(1) IP address
(2) Date and time of the registration.
When you sign up to the newsletter, you must also input a randomly generated code. This is to prevent robots from completing the sign-up process.
Once you have completed the form, you will receive an email asking you to confirm that you wish to sign up to the newsletter. This confirmation is necessary to prevent anyone from signing up with another person’s email address. The sign-ups to our newsletter are logged to demonstrate that the sign-up process complies with legal requirements. This includes storing the time of the sign-up and of the confirmation as well as the IP address. Changes to your data stored by the newsletter service provider are also logged.

  1. Legal basis
    The newsletters are sent out and their performance measured on the basis of the recipient’s consent in accordance with Article 6 (1) (a) and Article 7 GDPR in conjunction with Section 7 (2) no. 3 of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb).

The sign-up process is logged on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our interest is directed towards using a user-friendly and secure newsletter system that both serves our professional interests and meets the expectations of users and also allows us to demonstrate that consent has been given.

  1. Purpose
    Our newsletter serves to maintain our company image and to distribute the latest information about our company to interested users.
  2. Newsletter / direct marketing

The legal basis for the transmission of communications is Section 7 (3) of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb) provided that:
• we have received your email address in connection with the sale of goods or services; and
• we use this email address for the direct advertising of similar goods or services; and
• you have not objected to the use of your email address and you were clearly and unequivocally advised when providing your email address and are clearly and unequivocally advised in every newsletter that you can object to this use at any time without incurring any costs other than transmission costs at the basic rates.

  1. Storage period
    If a user unsubscribes from our newsletter / news feed, his or her data are erased, unless it is necessary to retain the data for reasons relating to civil, commercial or tax law in accordance with Article 6 (1) (c) GDPR.
  2. Unsubscribing/withdrawal of consent
    You can unsubscribe from our newsletter – i.e. withdraw your consent – at any time. There is an unsubscribe link at the bottom of every newsletter.
    On the basis of our legitimate interests, we can store email addresses removed from the mailing list for up to three years before erasing them so that we are able to demonstrate prior consent. The processing of these data is limited to possible defence against claims. It is possible to make an individual request at any time for these data to be erased, provided that you also confirm the existence of prior consent.
  3. Facebook
    a. Description and scope of the data processing

We maintain an online presence on social networks such as Facebook in order to communicate with customers who are active on those sites, potential customers and users and to inform them of our services. When these networks and platforms are requested, the terms and conditions and the data processing directives of the operators concerned apply. Unless indicated otherwise in our privacy policy, we process users’ data insofar as they communicate with us on these social networks and platforms, e.g. by posting on our pages or by sending us messages.
You can view our Facebook page by clicking on the hyperlink on our website.

Clicking on this hyperlink informs Facebook that your browser has requested the relevant page on our website, even if you do not have a Facebook account or if do have an account but are not signed in. This information (including your IP address) is directly transferred from your browser to a Facebook server in the USA, where it is then stored. This means that, even if you do not have a Facebook account, there is still a possibility that Facebook will learn and store your IP address.
If you are signed in to Facebook, Facebook can attribute your visit to our Facebook page to your Facebook account. If you interact with the content on our Facebook page, for example by clicking on the like or share button, this information is also directly transferred to a Facebook server, where it is then stored. This information is published on Facebook and is visible to your Facebook friends.
Facebook can use this information for advertising purposes, market research and to design Facebook pages so that they meet the needs of users. To this end, Facebook creates profiles on your usage, interests and relationships, for instance in order to analyse your use of our website with regard to the adverts you are shown on Facebook, to inform other Facebook users of your activity on our website and to render other services associated with the use of Facebook.
If you do not want Facebook to attribute the data collected from our online presence to your Facebook account, you must sign out of Facebook before you visit our website.
The purpose and scope of the data that Facebook collects, processes and uses and your rights in this respect and the settings available to protect your privacy can be found in Facebook’s privacy notice (https://www.facebook.com/about/privacy/).

  1. Legal basis

The legal basis is Article 6 (1) (f) GDPR. We maintain a presence on Facebook in order to communicate with customers who are active on Facebook, potential customers and users and to provide you with an alternative way of keeping up to date with our company and services. This also constitutes the purpose.

  1. Google Analytics
  2. Description and scope of the data processing
    This website uses Google Analytics, a web analysis service from Google LLC (‘Google’). Google Analytics uses cookies – text files that are stored on your computer and help to analyse how you use a particular website. For this purpose, pseudonymised user profiles are created and cookies used. The cookie generates the following information concerning your use of this website:
    (1) Browser type/version;
    (2) Operating system used;
    (3) Referrer URL (the site visited prior to this site);
    (4) Hostname of the computer accessing the site (IP address);
    (5) Time of the server request.
    The information generated by the cookie concerning your use of this site is generally transferred to a Google server in the USA, where it is then stored.
    More information on how Google Analytics uses personal data can be found in Google’s privacy policy and on Google Analytics Help.
    This website uses Google Analytics’s IP anonymisation feature, however. Within European Union Member States and in other states within the European Economic Area, this feature shortens your IP address before it is transferred. Only in exceptional circumstances is the full IP address transferred to a Google server in the USA before being shortened. On behalf of the operator of this website, Google will use this information in order to analyse your use of the website, to compile reports on the website’s activity and to provide other services associated with the use of the website and the internet for the website operator. The IP address transferred from your browser as part of Google Analytics is not merged with other data from Google.
  3. Legal basis
    The legal basis is Article 6 (1) (f) GDPR.
  4. Purpose
    The purpose is to be able to design our web pages so that they meet the needs of users and to be able to continually optimise them.
  5. Storage period
    Users’ personal data are erased or anonymised after 14 months.
  6. Objection to data recording
    You can prevent cookies from being placed by selecting the relevant setting for your browser software. However, please be advised that if you do so, you may not be able to use all of the functions on our website properly. You can also prevent Google from recording and processing the data generated by the cookie (including your IP address) that relate to how you use the website by downloading and installing a browser plug-in available from Google: https://tools.google.com/dlpage/gaoptout.
    As an alternative to the browser add-on, and in particular for browsers on mobile end devices, you can prevent Google Analytics from recording data by clicking on this link. This places an opt-out cookie, which prevents your data from being recorded when you visit this website in future. The opt-out cookie applies only in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will have to place the opt-out cookie again.
  7. Business-related processing

We process
– contract data, e.g. contractual object, term, customer category, name, address
– payment details, e.g. bank details, payment history

relating to our customers, potential customers and business partners in order to provide contractual services, support, customer care, marketing, advertising and to carry out market research.

  1. Rights of the data subject
    You are a data subject within the meaning of the GDPR if your personal data are processed. You have the following rights in relation to the controller:
  2. Right of access, Article 15 GDPR
    In accordance with Article 15 GDPR, you can obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us.
    Where that is the case, you can obtain from the controller access to the following information:
    (1) The purposes of the processing of personal data;
    (2) The categories of personal data concerned;
    (3) The recipients or categories of recipient to whom personal data relating to you have been or will be disclosed;
    (4) The envisaged period for which personal data relating to you will be stored, or, if it is not possible to provide concrete information on this, the criteria used to determine that storage period;
    (5) The existence of the right to request from the controller rectification or erasure of personal data relating to you or restriction of processing of personal data relating to you or to object to such processing;
    (6) The right to lodge a complaint with a supervisory authority;
    (7) Any available information as to the source of the personal data where they are not collected from the data subject;
    (8) The existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
    You have the right to be informed whether personal data relating to you are being transferred to a third country or to an international organisation. In that context, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR relating to the transfer.
    2. Right to rectification, Article 16 GDPR
    In accordance with Article 16 GDPR, you have the right to obtain from the controller rectification and/or completion, provided that your processed personal data are inaccurate or incomplete. The controller must perform the rectification without undue delay.
  3. Right to erasure (‘right to be forgotten’), Article 17 GDPR
    a) Obligation to erase data
    You have the right to obtain from the controller the erasure of personal data relating to you without undue delay and the controller has the obligation to erase those data without undue delay where one of the following grounds applies:
    (1) The personal data relating to you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
    (2) You withdraw your consent on which the processing is based according to Article 6 (1) (a) or Article 9 (2) (a) GDPR, and where there is no other legal basis for the processing;
    (3) You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21 (2) GDPR;
    (4) The personal data relating to you have been unlawfully processed;
    (5) The personal data relating to you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
    (6) The personal data relating to you have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
    b) Information sent to third parties
    Where the controller has made personal data relating to you public and is obliged in accordance with Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
    c) Exceptions
    The right to erasure does not apply to the extent that processing is necessary:
    (1) for exercising the right of freedom of expression and information;
    (2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    (3) for reasons of public interest in the area of public health in accordance with Article 9 (2) (h) and (i) and Article 9 (3) GDPR;
    (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
    (5) for the establishment, exercise or defence of legal claims.
  4. Right to restriction of processing, Article 18 GDPR
    Where one of the following applies, you have the right to obtain restriction of processing of personal data relating to you:
    (1) if you contest the accuracy of personal data relating to you for a period which enables the controller to verify the accuracy of the personal data;
    (2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
    (3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
    (4) if you have objected to processing in accordance with Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your own.
    Where the processing of personal data relating to you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
    Where the processing of data has been restricted in accordance with the aforementioned prerequisites, you shall be informed by the controller before the restriction is lifted.
    5. Notification obligation, Article 19 GDPR
    If you have asserted your right to obtain from the controller rectification, erasure or restriction of processing, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom personal data relating to you have been disclosed, unless this proves impossible or involves disproportionate effort.
    You have the right to be informed by the controller about those recipients.
    6. Right to data portability, Article 20 GDPR
    You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
    (1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR; and
    (2) the processing is carried out by automated means.
    In exercising this right, you also have the right to have personal data relating to you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others shall not be adversely affected by this.
    The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
    7. Right to object, Article 21 GDPR
    You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 (1) (e) or (f) GDPR, including profiling based on those provisions.
    The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
    Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
    If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
    In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
  5. Right to withdraw consent for data processing, Article 7 (3) GDPR
    You have the right to withdraw your consent for data processing at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
    9. Automated individual decision-making, including profiling, Article 22 GDPR
    You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:
    (1) is necessary for entering into, or performance of, a contract between you and the controller;
    (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
    (3) is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless Article 9 (2) (a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

  1. Right to lodge a complaint with a supervisory authority, Article 77 GDPR

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

  1. Updates and changes to this privacy policy

This privacy policy is currently applicable and was last updated in May 2018. It may be necessary to change this privacy policy as we develop our website and its services or to reflect amended legal or official requirements. The up-to-date version of our privacy policy is always available on our website.

Thank you for your interest in our company. In principle, it is possible to use our website without providing any personal data. However, if a data subject wants to make use of certain company services via our website, it may be necessary to process his or her personal data.
The aim of this privacy policy is to inform the public about the nature, scope and purpose of the personal data that we collect, use and process. This privacy policy also explains the rights that data subjects have.

  1. Definitions

1) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller responsible for processing.

3) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

5) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

6) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

7) Controller
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

8) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.

10) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

11) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

  1. Name and address of the controller
    The controller within the meaning of the General Data Protection Regulation and other national data protection laws in the Member States and other data protection regulations is:
    Eutect GmbH
    Managing director:
    Matthias Fehrenbach
    Filsenbergstrasse 10
    72144 Dusslingen
    Germany
    Tel.: +49 (0) 7072-92890-0
    Fax: +49 (0) 7072-92890-92
    Email: info@eutect.de
    Website: www.eutect.de

III. Name and address of the data protection officer
The controller’s data protection officer is:
Lothar Dieter
c/o Eutect GmbH
Filsenbergstrasse 10
72144 Dusslingen
Germany
Tel.: +49 (0) 7072-92890-21
Email: datenschutz@eutect.de

  1. Scope of the processing of personal data
    In principle, we process the personal data of our users only when this is necessary for the provision of a functioning website and its content and services.
  2. Legal bases for the processing of personal data
    Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis, provided that we obtain consent from the data subject to carry out processing operations on his or her personal data.
    For the processing of personal data that is necessary for the performance of a contract to which the data subject is party, the legal basis is Article 6 (1) (b) GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.
    If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, the legal basis is Article 6 (1) (c) GDPR.
    In the event that the vital interests of the data subject or of another natural person make the processing of personal data necessary, Article 6 (1) (d) GDPR serves as the legal basis.
    If processing is necessary for the purposes of safeguarding the legitimate interests pursued by our company or a third party and if the interests and fundamental rights and freedoms of the data subject do not override the former interest, Article 6 (1) (f) GDPR serves as the legal basis.
  3. Data erasure and storage period
    The personal data of the data subject are erased or made inaccessible as soon as the purpose of the storage no longer applies. Data can also be stored if this has been provided for by European or national legislators in Union regulations, laws or other requirements to which the controller is subject. The data are also made inaccessible or erased when the storage period, specified by the standards referred to, has elapsed, unless further storage of the data is necessary for entering into or performance of a contract.

VII. Transfer of data to third parties
As a basic principle, your personal data are not transferred to third parties for any purpose other than those listed below.
We disclose your personal data to third parties only if:
• you have given your explicit consent in accordance with Article 6 (1) sentence 1 (a) GDPR for us to do so;
• it is necessary in accordance with Article 6 (1) sentence 1 (f) GDPR to disclose the data for the establishment, exercise or defence of legal claims and if there are no reasons to consider that you have an overriding legitimate interest in the non-disclosure of your data;
• there is a legal obligation to disclose the data in accordance with Article 6 (1) sentence 1 (c) GDPR;
• this is permitted by law and is necessary in accordance with Article 6 (1) sentence 1 (b) GDPR for the performance of a contract to which you are party.

VIII. Description and scope of the data processing

  1. Requesting the website
  2. Description and scope of the data processing
    Every time our website is requested, our system automatically records data and information from the computer system on the requesting computer.
    The following data are collected during this process:
    (1) Information about the browser type and version used;
    (2) The user’s operating system;
    (3) The user’s internet service provider;
    (4) The user’s IP address;
    (5) Date and time the website is accessed;
    (6) Websites which directed the user’s system to our website;
    (7) Websites that the user’s system requests via our website.

The log files contain IP addresses or other data which allow them to be attributed to a user. This may be the case if, for example, the link to the website which directs the user to our website or the link to the website which the user switches to contains personal data.

The data are also stored in the log files of our system. We do not store these data together with other personal data concerning the user.

  1. Legal basis
    The legal basis for the temporary storage of data and log files is Article 6 (1) l (f) GDPR.
  2. Purpose
    It is necessary for our system to temporarily store the IP address so that it can deliver the website to the user’s computer. The user’s IP address must be stored for the duration of the session in order to do this.
    The data are stored in log files in order to ensure that the website functions properly. The data also help us to optimise our website and to ensure that our information technology systems are secure. In that context, we do not analyse the data for marketing purposes.
    These purposes represent our legitimate interest in the data processing in accordance with Article 6 (1) (f) GDPR.
  3. Storage period
    The data are erased once they are no longer necessary for achieving the purpose for which they were collected. For data that are recorded to enable the provision of the website, this is when the session has ended.
    For data that are stored in log files, this is after seven days at the latest. They may be stored for longer than this. In this case, the users’ IP addresses are erased or anonymised so that it is no longer possible to attribute the data to the client making the request.
  4. Right to objection and removal
    It is absolutely necessary both to record data in order to provide our website and to store the data in log files in order to operate our website. The user therefore does not have the right to object to this.
  5. Cookies
  6. Description and scope of the data processing
    Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. A cookie may be stored on a user’s operating system if the user requests a website. This cookie contains a character string which allows the browser to be easily identified when it next requests the same website.

When the website is requested, only the following session ID cookies (necessary for the technical provision of the website) are placed:

be_typo_user = Typo3 backend user session identification (login)
fe_typo_user = Typo3 user session identifier (login)
PHPSESSID = This session cookie places a random session ID for Typo3

  1. Legal basis
    The legal basis for the processing of personal data using cookies is Article 6 (1) (f) GDPR.
  2. Purpose
    Cookies that are necessary for technical provision are used in order to enable and make it easier for users to use websites. Some of the functions of our website will not function without the use of cookies. These functions require the browser to be recognised even after the user has switched sites.
  3. Storage period and right to removal
    All three of the aforementioned cookies expire once the session has ended.
    As a user, you have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been stored can be deleted at any time. They can also be automatically deleted. If cookies are disabled for our website, it may no longer be possible to use all the functions on our website properly.
  4. Email contact
    a. Description and scope of the data processing
    It is possible to contact us via the email address provided. In this case, we store the user’s personal data transferred via the email. In that context, we do not disclose these data to third parties. The data are used solely to process the communication.
  5. Legal basis
    The legal basis for the processing of data that are transferred when a user contacts us is Article 6 (1) (f) GDPR. If the purpose of the email correspondence is to enter into a contract, the additional legal basis for the processing of the data is Article 6 (1) (b) GDPR.
  6. Purpose
    We process personal data in order to process correspondence. Email correspondence also represents the necessary legitimate interest in the processing of the data.
  7. Storage period
    The data are erased once they are no longer necessary for achieving the purpose for which they were collected. For personal data submitted via the input mask on the contact form and personal data sent via email, this is the case when the respective communication with the user has come to an end. The communication comes to an end when circumstances indicate that the matter in question has been fully resolved, unless it is necessary to retain the data for reasons relating to civil, commercial or tax law in accordance with Article 6 (1) (c) GDPR.

The additional personal data collected during the submission process are erased after a period of seven days at the latest.

  1. Right to objection and removal
    The user may at any time withdraw his or her consent for the processing of his or her personal data. If the user contacts us via email, her or she may object to the storage of his or her personal data at any time. In such a case, communication cannot be continued.
    All personal data that were stored in the process of the correspondence are erased in this case.
  2. Newsletter / news feed
  3. Description and scope of the data processing
    You have the option of signing up to our newsletter or news feed.
    For the news feed you can choose a bookmark and attach it to your toolbar, for example.
    The following data are collected in the process:

You can sign up to our newsletter using the input mask provided on our website.
The input mask collects the following data:
Gender
Surname
Email address
The following information is also collected during the sign-up process:
(1) IP address
(2) Date and time of the registration.
When you sign up to the newsletter, you must also input a randomly generated code. This is to prevent robots from completing the sign-up process.
Once you have completed the form, you will receive an email asking you to confirm that you wish to sign up to the newsletter. This confirmation is necessary to prevent anyone from signing up with another person’s email address. The sign-ups to our newsletter are logged to demonstrate that the sign-up process complies with legal requirements. This includes storing the time of the sign-up and of the confirmation as well as the IP address. Changes to your data stored by the newsletter service provider are also logged.

  1. Legal basis
    The newsletters are sent out and their performance measured on the basis of the recipient’s consent in accordance with Article 6 (1) (a) and Article 7 GDPR in conjunction with Section 7 (2) no. 3 of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb).

The sign-up process is logged on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our interest is directed towards using a user-friendly and secure newsletter system that both serves our professional interests and meets the expectations of users and also allows us to demonstrate that consent has been given.

  1. Purpose
    Our newsletter serves to maintain our company image and to distribute the latest information about our company to interested users.
  2. Newsletter / direct marketing

The legal basis for the transmission of communications is Section 7 (3) of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb) provided that:
• we have received your email address in connection with the sale of goods or services; and
• we use this email address for the direct advertising of similar goods or services; and
• you have not objected to the use of your email address and you were clearly and unequivocally advised when providing your email address and are clearly and unequivocally advised in every newsletter that you can object to this use at any time without incurring any costs other than transmission costs at the basic rates.

  1. Storage period
    If a user unsubscribes from our newsletter / news feed, his or her data are erased, unless it is necessary to retain the data for reasons relating to civil, commercial or tax law in accordance with Article 6 (1) (c) GDPR.
  2. Unsubscribing/withdrawal of consent
    You can unsubscribe from our newsletter – i.e. withdraw your consent – at any time. There is an unsubscribe link at the bottom of every newsletter.
    On the basis of our legitimate interests, we can store email addresses removed from the mailing list for up to three years before erasing them so that we are able to demonstrate prior consent. The processing of these data is limited to possible defence against claims. It is possible to make an individual request at any time for these data to be erased, provided that you also confirm the existence of prior consent.
  3. Facebook
    a. Description and scope of the data processing

We maintain an online presence on social networks such as Facebook in order to communicate with customers who are active on those sites, potential customers and users and to inform them of our services. When these networks and platforms are requested, the terms and conditions and the data processing directives of the operators concerned apply. Unless indicated otherwise in our privacy policy, we process users’ data insofar as they communicate with us on these social networks and platforms, e.g. by posting on our pages or by sending us messages.
You can view our Facebook page by clicking on the hyperlink on our website.

Clicking on this hyperlink informs Facebook that your browser has requested the relevant page on our website, even if you do not have a Facebook account or if do have an account but are not signed in. This information (including your IP address) is directly transferred from your browser to a Facebook server in the USA, where it is then stored. This means that, even if you do not have a Facebook account, there is still a possibility that Facebook will learn and store your IP address.
If you are signed in to Facebook, Facebook can attribute your visit to our Facebook page to your Facebook account. If you interact with the content on our Facebook page, for example by clicking on the like or share button, this information is also directly transferred to a Facebook server, where it is then stored. This information is published on Facebook and is visible to your Facebook friends.
Facebook can use this information for advertising purposes, market research and to design Facebook pages so that they meet the needs of users. To this end, Facebook creates profiles on your usage, interests and relationships, for instance in order to analyse your use of our website with regard to the adverts you are shown on Facebook, to inform other Facebook users of your activity on our website and to render other services associated with the use of Facebook.
If you do not want Facebook to attribute the data collected from our online presence to your Facebook account, you must sign out of Facebook before you visit our website.
The purpose and scope of the data that Facebook collects, processes and uses and your rights in this respect and the settings available to protect your privacy can be found in Facebook’s privacy notice (https://www.facebook.com/about/privacy/).

  1. Legal basis

The legal basis is Article 6 (1) (f) GDPR. We maintain a presence on Facebook in order to communicate with customers who are active on Facebook, potential customers and users and to provide you with an alternative way of keeping up to date with our company and services. This also constitutes the purpose.

  1. Google Analytics
  2. Description and scope of the data processing
    This website uses Google Analytics, a web analysis service from Google LLC (‘Google’). Google Analytics uses cookies – text files that are stored on your computer and help to analyse how you use a particular website. For this purpose, pseudonymised user profiles are created and cookies used. The cookie generates the following information concerning your use of this website:
    (1) Browser type/version;
    (2) Operating system used;
    (3) Referrer URL (the site visited prior to this site);
    (4) Hostname of the computer accessing the site (IP address);
    (5) Time of the server request.
    The information generated by the cookie concerning your use of this site is generally transferred to a Google server in the USA, where it is then stored.
    More information on how Google Analytics uses personal data can be found in Google’s privacy policy and on Google Analytics Help.
    This website uses Google Analytics’s IP anonymisation feature, however. Within European Union Member States and in other states within the European Economic Area, this feature shortens your IP address before it is transferred. Only in exceptional circumstances is the full IP address transferred to a Google server in the USA before being shortened. On behalf of the operator of this website, Google will use this information in order to analyse your use of the website, to compile reports on the website’s activity and to provide other services associated with the use of the website and the internet for the website operator. The IP address transferred from your browser as part of Google Analytics is not merged with other data from Google.
  3. Legal basis
    The legal basis is Article 6 (1) (f) GDPR.
  4. Purpose
    The purpose is to be able to design our web pages so that they meet the needs of users and to be able to continually optimise them.
  5. Storage period
    Users’ personal data are erased or anonymised after 14 months.
  6. Objection to data recording
    You can prevent cookies from being placed by selecting the relevant setting for your browser software. However, please be advised that if you do so, you may not be able to use all of the functions on our website properly. You can also prevent Google from recording and processing the data generated by the cookie (including your IP address) that relate to how you use the website by downloading and installing a browser plug-in available from Google: https://tools.google.com/dlpage/gaoptout.
    As an alternative to the browser add-on, and in particular for browsers on mobile end devices, you can prevent Google Analytics from recording data by clicking on this link. This places an opt-out cookie, which prevents your data from being recorded when you visit this website in future. The opt-out cookie applies only in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will have to place the opt-out cookie again.
  7. Business-related processing

We process
– contract data, e.g. contractual object, term, customer category, name, address
– payment details, e.g. bank details, payment history

relating to our customers, potential customers and business partners in order to provide contractual services, support, customer care, marketing, advertising and to carry out market research.

  1. Rights of the data subject
    You are a data subject within the meaning of the GDPR if your personal data are processed. You have the following rights in relation to the controller:
  2. Right of access, Article 15 GDPR
    In accordance with Article 15 GDPR, you can obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us.
    Where that is the case, you can obtain from the controller access to the following information:
    (1) The purposes of the processing of personal data;
    (2) The categories of personal data concerned;
    (3) The recipients or categories of recipient to whom personal data relating to you have been or will be disclosed;
    (4) The envisaged period for which personal data relating to you will be stored, or, if it is not possible to provide concrete information on this, the criteria used to determine that storage period;
    (5) The existence of the right to request from the controller rectification or erasure of personal data relating to you or restriction of processing of personal data relating to you or to object to such processing;
    (6) The right to lodge a complaint with a supervisory authority;
    (7) Any available information as to the source of the personal data where they are not collected from the data subject;
    (8) The existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
    You have the right to be informed whether personal data relating to you are being transferred to a third country or to an international organisation. In that context, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR relating to the transfer.
    2. Right to rectification, Article 16 GDPR
    In accordance with Article 16 GDPR, you have the right to obtain from the controller rectification and/or completion, provided that your processed personal data are inaccurate or incomplete. The controller must perform the rectification without undue delay.
  3. Right to erasure (‘right to be forgotten’), Article 17 GDPR
    a) Obligation to erase data
    You have the right to obtain from the controller the erasure of personal data relating to you without undue delay and the controller has the obligation to erase those data without undue delay where one of the following grounds applies:
    (1) The personal data relating to you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
    (2) You withdraw your consent on which the processing is based according to Article 6 (1) (a) or Article 9 (2) (a) GDPR, and where there is no other legal basis for the processing;
    (3) You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21 (2) GDPR;
    (4) The personal data relating to you have been unlawfully processed;
    (5) The personal data relating to you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
    (6) The personal data relating to you have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
    b) Information sent to third parties
    Where the controller has made personal data relating to you public and is obliged in accordance with Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
    c) Exceptions
    The right to erasure does not apply to the extent that processing is necessary:
    (1) for exercising the right of freedom of expression and information;
    (2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    (3) for reasons of public interest in the area of public health in accordance with Article 9 (2) (h) and (i) and Article 9 (3) GDPR;
    (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
    (5) for the establishment, exercise or defence of legal claims.
  4. Right to restriction of processing, Article 18 GDPR
    Where one of the following applies, you have the right to obtain restriction of processing of personal data relating to you:
    (1) if you contest the accuracy of personal data relating to you for a period which enables the controller to verify the accuracy of the personal data;
    (2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
    (3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
    (4) if you have objected to processing in accordance with Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your own.
    Where the processing of personal data relating to you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
    Where the processing of data has been restricted in accordance with the aforementioned prerequisites, you shall be informed by the controller before the restriction is lifted.
    5. Notification obligation, Article 19 GDPR
    If you have asserted your right to obtain from the controller rectification, erasure or restriction of processing, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom personal data relating to you have been disclosed, unless this proves impossible or involves disproportionate effort.
    You have the right to be informed by the controller about those recipients.
    6. Right to data portability, Article 20 GDPR
    You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
    (1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR; and
    (2) the processing is carried out by automated means.
    In exercising this right, you also have the right to have personal data relating to you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others shall not be adversely affected by this.
    The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
    7. Right to object, Article 21 GDPR
    You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 (1) (e) or (f) GDPR, including profiling based on those provisions.
    The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
    Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
    If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
    In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
  5. Right to withdraw consent for data processing, Article 7 (3) GDPR
    You have the right to withdraw your consent for data processing at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
    9. Automated individual decision-making, including profiling, Article 22 GDPR
    You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:
    (1) is necessary for entering into, or performance of, a contract between you and the controller;
    (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
    (3) is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless Article 9 (2) (a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

  1. Right to lodge a complaint with a supervisory authority, Article 77 GDPR

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

  1. Updates and changes to this privacy policy

This privacy policy is currently applicable and was last updated in May 2018. It may be necessary to change this privacy policy as we develop our website and its services or to reflect amended legal or official requirements. The up-to-date version of our privacy policy is always available on our website.

 

EUTECT Office

Filsenbergstraße 10
72144 Dusslingen
Germany

+49 (0) 7072-928900
info@eutect.de

Management

Matthias Fehrenbach
+49 (0) 7072-928900
matthias.fehrenbach@eutect.de

Head of Automation

Simon Öfner
+49 (0) 7072-928900
simon.oefner@eutect.de

Process Management

Elmar Hölz
Matthias Fehrenbach
+49 (0) 7072-928900
elmar.hoelz@eutect.de

Head of Engineering

Jürgen Gaißer
+49 (0) 7072-928900
juergen.gaisser@eutect.de

Service & Replacement Parts

+49 (0) 7072-928900
ersatzteile@eutect.de

Head of Sales

Manfred Fehrenbach
+49 (0) 7072-928900
manfred.fehrenbach@eutect.de

Marketing

Butter and Salt GmbH
+49 30 5858 460 10
info@butter-and-salt.de

General Terms and Conditions

of EUTECT GmbH
as at June 2016

General terms and condition  of EUTECT GmbH as at June 2016

1. SCOPE

EUTECT GmbH (hereinafter EUTECT) provides all goods and services to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) only on the basis of the following General Terms and Conditions. Supplementary and deviating terms and conditions of business of the customer are not recognised. This applies even if EUTECT unreservedly provides services knowing that the contracting party has contrary or deviating terms and conditions.

2. QUOTATION AND CONCLUSION OF CONTRACT

2.1 The first quotations and draft work (sketches) are generally provided free of charge and without any liability. Additional quotations and draft work shall only be carried out free of charge once the supply contract has been concluded in a legally binding manner and remains so.

2.2 The documents belonging to the quotation such as figures, drawings, specifications of weights and dimensions, are only approximate, unless expressly indicated as binding. EUTECT reserves the ownership rights and copyrights to all cost estimates, drawings and other documents; they must not be made accessible to third parties.

2.3 A contract is only concluded when EUTECT has confirmed the customer’s order in writing or conclusively accepted it by providing the contractually agreed service or raising invoices.

3. PRICES, PAYMENT, OFFSETTING (ASSEMBLY AND SERVICE CONDITIONS PRICE LIST)

3.1 The agreed price is the relevant one in each case. If such a price is not expressly agreed, the general prices of EUTECT for the provision of goods and services at the time of the conclusion of the contract apply. Unless other specified, the prices are net, i.e. they do not include statutory VAT. Packaging, transport and insurance expenses as well as all other incidental costs must be remunerated separately.

3.2 For goods or services that are not to be delivered or provided for a period of four months after the contract has been concluded, EUTECT shall be entitled to adjust the price according to wage and material costs increases that have occurred in the meantime, provided the delay is caused for reasons that are not within the scope of responsibility of EUTECT.

3.3 Payments must be made net within 14 days after the invoice date, unless the parties have agreed another arrangement in this regard.The payment is deemed to have been made on the date on which EUTECT can draw on the amount owed. In the case of the acceptance of cheques, payment is deemed to have been made once the cheque has been redeemed within a reasonable period following lodgment and the amount has been definitively credited to EUTECT.

3.4 In the event of a delay in payment, EUTECT shall be entitled to charge default interest to the legally stipulated extent. EUTECT reserves the right to apply higher interest rates for another legal reason.

3.5 If a significant deterioration in the financial circumstances of the customer occurs after the contract has been concluded or such a deterioration of the financial circumstances becomes evident after the contract has been concluded and the payment claims of EUTECT are thus jeopardised, EUTECT shall be entitled to refuse further execution of the contract until the customer executes counterperformance or furnishes security for the payment.

3.6 In accordance with section 366 (2) and section 367 of the German Civil Code, payments by the customer are always credited to claims that are already due, unless another provision applies to the customer.

3.7 The offsetting of a customer claim against EUTECT claims is only permissible if the customer’s claim is recognised by EUTECT, is undisputed or was established in law, unless the customer claim proposed for offsetting comprises costs for eliminating defects or completion costs or compensation claims arising out of the same legal relationship from which the EUTECT claim arose.

3.8 For additional goods and services that are not based on a written quotation, the prices set out in the current Assembly and Service Conditions, which are available upon request, are deemed to be agreed.

3.9 The assignment of claims arising out of this contractual relationship is only permitted following the prior written consent of EUTECT. There is no entitlement to the granting of such consent. Section 354a of the German Commercial Code (HGB) remains unaffected.

4. TIME PERIODS AND DUE DATES

4.1 The agreed delivery periods or periods for completion only begin once all technical questions required for fulfilment of the performance have been clarified. Compliance with the agreed delivery time periods or periods for completion is subject to fulfilment of the contractual obligations on the part of the customer.

4.2 In the event of non-compliance with the agreed due dates, the customer must grant EUTECT a reasonable grace period in writing for the provision of the contractually owed performance.

4.3 In cases of force majeure, labour disputes and similar events for this EUTECT is not responsible, EUTECT’s performance deadline shall be extended to an appropriate extent. If the events impeding performance last for longer than 3 months, each party can withdraw from the contract. Before withdrawing from the contract, the parties will attempt to adapt the contract accordingly to the economic interests of the parties. Legal withdrawal rights that have already effectively arisen remain unaffected. EUTECT shall not be liable for delays in performance due to events for which EUTECT is not responsible and shall not pay compensation for any expenses or damages that occur as a result.

4.4 Subsequent changes or additions by the customer that have been agreed with EUTECT shall lead to a reasonable extension of the agreed due dates and time periods.

4.5 EUTECT shall be entitled to make reasonable partial deliveries of goods or services. Early deliveries of goods or services are permitted unless expressly otherwise agreed.

4.6 If the customer falls into default of acceptance, EUTECT may demand compensation for the usual storage costs as well as compensation for any additional expenses for storage and receipt of the contractual item. Furthermore, the risk of accidental loss or accidental deterioration during the time in which the customer is in default of acceptance is transferred to the customer. Further legal claims by EUTECT remain unaffected by this.

4.7 For debtor’s delay for which it is responsible, EUTECT shall be liable in accordance with section 7.

5. OBLIGATIONS OF THE CUSTOMER TO COOPERATE

5.1 If the provision of the agreed services requires cooperation by the customer, the customer must ensure that all of the required and appropriate information and data is provided to EUTECT in good time and in the required quality. In the case of programming work, the customer will provide the required computing power, test data and data collection capacity to EUTECT in good time and to an adequate extent.
The customer undertakes, upon first request, to provide VPN access will full access to the machine and shall ensure that this access is free of charge and in compliance with data protection regulations.
The customer undertakes, upon first request, to provide an FTP server free of charge and in compliance with data protection regulations and to operate it at its own expense. The customer shall ensure that everybody involved in a project has access to the server and that all relevant project data is stored there.

5.2 If the customer does not meet its obligations to cooperate, or does not meet these completely or in good time, EUTECT’s performance deadline shall be extended accordingly until such time as the customer meets its obligations to cooperate. Furthermore, the customer must reimburse EUTECT for expenses and damages caused as a result, unless the customer is not responsible for the breaches of duty.

6. WARRANTY AND RIGHTS REGARDING DEFECTS

6.1 Any defect claims for new issues become time-barred within 12 months after handover of the contractual object. This provision does not apply insofar as longer periods of limitation are mandatorily prescribed by law as well as in the case of liability for damages arising from injury to life, limb or health as well as for liability for any damage that is based on an intentional or grossly negligent breach of duty. The period of limitation for recourse claims in accordance with section 478 of the German Civil Code remains unaffected.

6.2 Any defects must be notified to EUTECT in writing within a reasonable time period. Otherwise, the assertion of claims for defects is excluded.

6.3 The customer can only claim compensation in accordance with the below section 7.

6.4 Product guarantees, performance commitments, performance guarantees as well as compliance and clearance certificates from the manufacturer that are passed on with the scope of delivery and whose author is not EUTECT do not constitute a guarantee declaration or commitments on the part of EUTECT.

6.5 Parts that are replaced within the scope of supplementary performance or subsequent delivery become the property of EUTECT and, upon request, the customer must return these to EUTECT at the expense of EUTECT. For compensation claims under warranty, the provisions of section 7 also apply.

7. LIABILITY

7.1 EUTECT shall be liable to pay compensation for damages and for futile expenses within the meaning of section 284 of the German Civil Code (hereinafter “compensation”) on account of defects or on account of breach of other contractual or extracontractual obligations, especially tortious actions, only in the case of intent or gross negligence. The above liability restriction does not apply in the event of injury to life, limb or health, in the case of the acceptance of a warranty or procurement risk, in the case of the breach of essential contractual obligations as well as in the event of liability in accordance with the German Product Liability Act.

7.2 Compensation on account of the breach of essential contractual obligations is limited to compensation for contract-typical damages that EUTECT, based on circumstances recognisable to EUTECT, would have had to have foreseen as a possible consequence at the time of conclusion of the contract, insofar as there is no intent or gross negligence or insofar as no liability exists on the basis of injury to life, limb or health, the acceptance of a warranty or procurement risk, as well as in accordance with the German Product Liability Act.

7.3 Essential contractual obligations within the meaning of sections 7.1 and 7.2 are such obligations whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and on which the customer regularly relies.

7.4 Contract-typical, foreseeable damage within the meaning of 7.2 comprises:

a) per claim: Damages up to a maximum of the net remuneration for the contract in question.

b) per calendar year: Damages up to a maximum of the net sales value at which the customer procured products or services from EUTECT in the previous calendar year. In the first year of the contract, compensation up to a maximum of the net sales value at which the customer had procured services from EUTECT up to the occurrence of the claim.
In any case, typical contractual damages within the meaning of section 7.2 do not comprise indirect damages (e.g. lost profit or damages that result from production stoppages).

7.5 Irrespective of section 7.3, when establishing an amount that EUTECT must pay the customer as compensation, the economic circumstances of EUTECT, the type, scope and duration of the business relationship, any contributions to the cause and/or fault on the part of the customer in accordance with section 254 of the German Civil Code and a particularly unfavourable installation situation of the contractual object must be given adequate consideration to the benefit of EUTECT. In particular, the compensation payments, costs and expenses that EUTECT has to bear must be commensurate with the value of the contractually agreed service.

7.6 All limitations of liability apply to the same extent for the vicarious agents and assistants of EUTECT.

7.7 The above provisions to not entail a change to the burden of proof to the disadvantage of the customer.

8. RETENTION OF TITLE

8.1 EUTECT shall retain title to all delivered items until all receivables arising from the supply contract have been paid in full.

8.2 Until such time as ownership has not yet been transferred to the customer, the customer is obliged to treat the contractual object with care. In particular, if the contractual object is worth more than EUR 10,000.00, the customer is obliged to adequately insure the contractual object for the new value against theft and damage caused by fire and water and to do so at its own expense. If maintenance and inspection work must be carried out, the customer must carry this out in good time at its own expense. So long as ownership has not yet been transferred, the customer must inform EUTECT immediately in writing if the delivered item is seized or exposed to other interventions by a third party. Insofar as the third party is unable to reimburse EUTECT for the judicial and extrajudicial costs of a lawsuit pursuant to section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by EUTECT.

8.3 The customer is entitled to resell the reserved goods in normal business transactions. The customer here now already assigns to EUTECT the buyer’s receivables arising from the resale of the reserved goods in the amount of the final invoice amount agreed with EUTECT (including VAT). This assignment applies irrespective of whether the contractual object was resold with or without processing. The customer remains authorised to collect the claim even after assignment. EUTECT remains authorised to collect the claim itself. EUTECT shall, however, not collect the claim so long as the customer fulfils its payment obligations from the collected proceeds, is not in default of payment and, in particular, provided that no insolvency proceedings have been opened against the customer and the customer has not suspended payment.

8.4 The editing/processing or reconfiguration of the contractual object by the customer shall always be carried out in the name of and on behalf of EUTECT. In this case, the expectant right of the customer to the contractual object continues with the reconfigured item. If the contractual item is processed with other items that do not belong to EUTECT, EUTECT shall acquire co-ownership of the new item in the ratio of the objective value of the contractual item to the other items to be adapted at the time of the processing. The same applies in the case of mixing. If the mixing takes place in such a way that the item of the buyer is to be considered the main item, it is agreed that the customer transfers proportional co-ownership to EUTECT and retains the so created sole ownership or co-ownership for EUTECT. To secure the claims of EUTECT against the buyer, the buyer shall also assign such claims against third parties to EUTECT that accrued to the buyer from combining the reserved goods with real property; EUTECT accepts this assignment herewith.

8.5 EUTECT undertakes to release the securities to which it is entitled at the request of the customer, provided their value exceeds the claims to be secured by more than 20%.

8.6 EUTECT is entitled to all rights in respect of all descriptions, plans, drawings, and other documents or materials provided to the customer, in particular ownership rights and copyrights as well as the right of utilisation, reproduction and distribution.

9. USAGE RIGHTS TO THE SOFTWARE, INDUSTRIAL PROPERTY RIGHTS OF THIRD PARTIES

9.1 All rights to the software that is provided to the customer or created for the customer, especially copyrights, ancillary copyrights and related property rights, remain with EUTECT or the respective rights owners, unless expressly agreed otherwise in the contract. This also applies if the software was created according to the specifications of the customer or with the cooperation of the customer.

9.2 If EUTECT needs the source code of software to be provided by the customer, the customer shall make this available for use to EUTECT free of charge.

9.3 The customer is prohibited from duplicating, distributing, passing on, modifying, translating, expanding and/or making any other changes to the software supplied by EUTECT as well as from decompiling or using the software as a basis for developing similar software unless such actions are expressly permitted under the contract or the law.

9.4 Otherwise, the separate licensing terms of the respective software apply, especially for the software of third-party providers.

9.5 Unless otherwise expressly agreed in writing, the customer receives only a simple right of use to the software to the extent that is required in respect of the purpose of the contract. Any usage of the software that goes beyond the respective licensing terms of the manufacturer or EUTECT, the contractual agreement or the contractually stipulated purposes requires the written consent of EUTECT.

9.6 The customer is permitted to make the necessary backup copies, unless specified otherwise in the respective licence agreement. Backup copies on movable data media are to be labelled as such and the copyright notice of the original data media must be affixed.

9.7 For each case of unlawful use that exceeds the simple right of use granted, EUTECT reserves all claims, especially the assertion of claims for damages.

9.8 If a third party asserts claims that oppose the simple right of use granted to the customer, the customer must inform EUTECT of this immediately in writing. The customer shall not recognise the claims of the third party without the consent of EUTECT. EUTECT shall defend against the claims of the third party.

10 ACCEPTANCE

10.1 Following completion by EUTECT of the services that require acceptance, the customer must convince itself of the proper execution and sign an acceptance report upon request. The customer cannot refuse acceptance on account of insignificant defects.

10.2 By signing, the customer accepts that the agreed services have been fulfilled as per the contract.

10.3 Acceptance of the performance is deemed to be granted upon the signing of the acceptance report, at the latest, however, upon the (re)commissioning and/or use of the contractual object without any complaints.

11 EXTENDED LIEN

EUTECT is entitled, on account of outstanding receivables from the respective contract or the ongoing business relationship, to a contractual lien on items that came into the possession of EUTECT in connection with the respective contract. EUTECT may also assert the contractual lien on account of receivables from earlier services, provided these are connected with the item in question.

12 DATA PROTECTION, NON-DISCLOSURE

12.1 EUTECT points out to the customer that the data recorded within the scope of the conclusion of the contract shall, in compliance with the provisions of the Federal Data Protection Act (BDSG), be collected, processed and used by EUTECT for fulfilment of the obligations arising from the contracts concluded with the customer. For the purpose of fulfilment of the contract and credit assessment, this data may also be transmitted to affiliated companies of EUTECT or to its agents responsible for the fulfilment.

12.2 The customer is obliged to treat all commercial and technical details to which it has access or of which it becomes aware within the scope of performing the contract as a trade secret, so long as EUTECT has not made this information publicly accessible.

13 FINAL PROVISIONS

13.1 The contractual relationships are subject solely to the law of the Federal Republic of Germany, excluding conflict of law provisions. The German wording is always authoritative for the interpretation of contracts.

13.2 The place of fulfilment for deliveries and payments is the registered office of EUTECT.

13.3 The sole place of jurisdiction for all present and future claims arising out of business relations with merchants, including claims based on bills of exchange or cheques, shall be Tübingen. The same place of jurisdiction applies if the customer does not have any general place of jurisdiction in Germany or moved its place of jurisdiction outside of Germany after the contract was concluded. EUTECT is also entitled at its option to bring an action at the headquarters of the customer.

ENVIRONMENTAL STATEMENT
EUTECT considers people and the environment to be of paramount importance. We therefore undertake to manufacture our products in a manner that spares resources and to systematically utilise energy-saving potential during manufacturing processes and transportation. We pay a great deal of attention to environmentally-friendly alternatives in the selection of sources of energy and raw materials and to rigorous approaches to waste prevention and product recycling.

General Purchasing Conditions

of EUTECT GmbH
as at June 2016

EUTECT GmbH, Filsenbergstr. 10, 72144 Dusslingen, Germany

1. SCOPE

EUTECT GmbH (hereinafter EUTECT) procures all goods and services from entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter Suppliers) only on the basis of the following General Purchasing Conditions. Supplementary and deviating terms and conditions of business of the Supplier are not recognised. This applies even if EUTECT unreservedly accepts goods and services or pays invoices knowing that the Supplier has contrary or deviating terms and conditions.

2. ORDER PLACEMENT AND TECHNICAL DOCUMENTATION

2.1. Purchase orders, agreements and changes are only binding if they are issued or confirmed in writing by EUTECT. Agreements made verbally or over the phone require subsequent written confirmation in order to be legally valid. The same applies to verbal side agreements and changes to the contract.
Purchase orders, call-offs as well as changes and supplements thereto, provided they are required by us, can also take place by means of remote data transmission, e.g. via e-mail, or on machine-readable data media.

2.2. Fees are not granted for visits or for the drawing up of offers, projects, etc.

2.3. For materials (substances, preparations) and items (e.g. goods, parts, technical equipment, non-cleaned empties), which due to their nature, characteristics or condition could pose risks to the life and health of people, to the environment and property and which therefore, based on regulations, must be given special treatment in relation to packaging, transport, storage, handling and waste disposal, the Supplier must provide with the offer a fully completed safety data sheet in accordance with section 14 of the German Ordinance on Hazardous Substances and an appropriate accident procedures sheet (transportation).
In the event of changes to material or the legal situation, the Supplier is obliged provide updated data sheets and procedures sheets to EUTECT.

2.4. EUTECT is entitled to demand changes to the subject matter of the contract, also after it has been concluded, provided this is not unacceptable for the Supplier. In the case of changes or orders, the effects on both parties must be given due consideration, especially in terms of additional or reduced costs.

2.5. In the event of contradictions in the documents provided, the data on the drawing shall apply in the case of doubt.

3. DELIVERY DUE DATES, TRANSFER OF RISK AND FRAMEWORK AGREEMENTS

3.1. The delivery or execution date specified in the EUTECT purchase order is the relevant date. It represents the delivery date at the place of destination. A different delivery date is only permissible if approved by EUTECT.

3.2. EUTECT is not obliged to accept partial deliveries and/or advance deliveries or advance execution of works.

3.3. If circumstances occur or the Supplier becomes aware of circumstances as a result of which the agreed delivery or execution date cannot be complied with, the Supplier is obliged to inform EUTECT immediately in writing while stating the reasons and the expected delay.

3.4. In the event of a delay in delivery, EUTECT is entitled to demand a contractual penalty in the amount of 0.5% of the delivery value for each full week of delay, but not, however, more than 5% of the net delivery value. EUTECT is entitled to assert a contractual penalty in addition to the fulfilment. EUTECT undertakes to declare the reservation of contractual penalty to the Supplier within 10 working days at the latest, counting from the date on which the delayed delivery was accepted. Further claims and rights are reserved.

3.5. The Supplier may only invoke the absence of necessary documents, data, supplies, and so forth, to be provided by EUTECT if the Supplier sent a written reminder about these and did not receive them within a reasonable time period.

3.6. If the agreed due date is not complied with due to circumstances for which the Supplier is responsible, EUTECT shall be entitled, after a reasonable extension period set by it has expired without delivery, to elect to demand compensation on account of nonfulfilment, to procure replacement from a third party, or to withdraw from the contract.

3.7. In the event of delivery that is earlier than agreed, EUTECT reserves the right to return the delivery at the cost of the Supplier. If no return is made in the event of early delivery, the goods will be stored at EUTECT until the delivery date at the cost and risk of the Supplier. In the event of early delivery, EUTECT reserves the right to only make the payment on the agreed due date.

3.8. Unless otherwise agreed, DDP applies according to the current Incoterms, as amended. The Supplier must heed EUTECT’s specifications for the shipping of products, especially the applicable transport, packaging and delivery regulations.

4. FEES AND PAYMENT TERMS

4.1. The agreed prices are fixed prices. They include all services and ancillary services, provided these are not remunerated separately, that are required for complete performance, e.g. costs for tools, freight, customs, packaging material and removal thereof, transport to the place of use appointed by EUTECT, as well as all expenses involved in carrying out the setup and assembly work such that the product or service is ready for operation. Deviations such as, for example, particular complications or delivery/provision of services on Sundays and bank holidays, which may result in higher remuneration, must be agreed separately before acceptance of the order.

4.2. The order data (contractual purchase order numbers) must be stated on the invoices drawn up.

4.3. Payment shall be made by EUTECT within 14 days less a 3% discount or 60 days net. The payment period starts, at the earliest, upon receipt of the invoice, however not before goods receipt or assembly or setup.

4.4. The offsetting of a Supplier claim against EUTECT claims is only permissible if the Supplier’s claim is recognised by us, is undisputed or was established in law, unless the Supplier claim proposed for offsetting comprises costs for eliminating defects or completion costs or compensation claims arising out of the same legal relationship from which the EUTECT claim arose.

4.5. The assignment of claims arising out of this contractual relationship is only permitted following the prior written consent of EUTECT. There is no entitlement to the granting of such consent. Section 354a of the German Commercial Code (HGB) remains unaffected.

5. LIABILITY FOR DEFECTS

5.1. Section 377 of the German Commercial Code (HGB) is waived.

5.2. The Supplier is obliged to perform quality control during production and to inspect outgoing goods and must, accordingly, comprehensively check the quality of the deliveries.

5.3. Unless agreements to the contrary have been made in individual cases, the warranty period is 36 months from the time of handover of the end device to the end customer. EUTECT shall be entitled to statutory claims for defects in full; in any case, EUTECT shall, at its discretion, be entitled to demand from the Supplier either elimination of the defects or delivery of a new item. The right to compensation, especially to compensation instead of performance, remains expressly reserved.
From the date of receipt of the notice of defects, the limitation period shall be suspended until such a time as the Supplier provides a declaration to us that the defect has been eliminated or refuses to eliminate the defect(s). For repaired or replaced parts, the warranty period starts anew from the date of repair or return of the repaired parts or the date on which the replacement delivery was made.

5.4. To stave off an acute risk of considerable damage, EUTECT can, without giving the Supplier warning or setting a time limit, repair the defect itself, have the defect repaired or procure a replacement all at the cost of the Supplier, if, on account of particular urgency, it is no longer possible to inform the Supplier about the defect and the imminent damage and to give the Supplier the opportunity for redress. If EUTECT eliminates the defect itself, the associated costs will be invoiced to the Supplier. In addition to a lump sum, the currently applicable hourly rates and any necessary material without overhead surcharges will be billed.

5.5. If a serial defect occurs during the warranty period, the Supplier must bear the cost of replacement. A serial defect is deemed to occur when at least 33% of the delivered items of a type or batch exhibit the same defect. Such items that are already outside of the warranty period must also be included in the exchange. Spare parts and wear parts as well as cases in which the German Product Liability Act applies are excluded from this.

6. LIABILITY; PRODUCT LIABILITY; INDUSTRIAL PROPERTY RIGHTS OF THIRD PARTIES

6.1. EUTECT shall be liable to pay compensation for damages and for futile expenses within the meaning of section 284 of the German Civil Code (hereinafter “compensation”) on account of defects or on account of breach of other contractual or extracontractual obligations, especially tortious actions, only in the case of intent or gross negligence. The above liability restriction does not apply in the event of injury to life, limb or health, in the case of the acceptance of a warranty or procurement risk, in the case of the breach of essential contractual obligations as well as in the event of liability in accordance with the German Product Liability Act.

6.2. Compensation on account of the breach of essential contractual obligations is limited to compensation for contract-typical damages that EUTECT, based on circumstances recognisable to EUTECT, would have had to have foreseen as a possible consequence at the time of conclusion of the contract, insofar as there is no intent or gross negligence or insofar as no liability exists on the basis of injury to life, limb or health, the acceptance of a warranty or procurement risk, as well as in accordance with the German Product Liability Act.

6.3. Essential contractual obligations within the meaning of points 6.1 and 6.2 are such obligations whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and on which the customer regularly relies.

6.4. Contract-typical, foreseeable damage within the meaning of 6.2 comprises:

a) per claim: Damages up to a maximum of the net remuneration for the contract in question.
b) per calendar year: Damages up to a maximum of the net sales value at which the customer procured products or services from EUTECT in the previous calendar year. In the first year of the contract, compensation up to a maximum of the net sales value at which the customer had procured services from EUTECT up to the occurrence of the claim. In any case, typical contractual damages within the meaning of point 6.2 do not comprise indirect damages (e.g. lost profit or damages that result from production stoppages).

6.5. Irrespective of point 6.3, when establishing an amount that EUTECT must pay the customer as compensation, the economic circumstances of EUTECT, the type, scope and duration of the business relationship, any contributions to the cause and/or fault on the part of the customer in accordance with section 254 of the German Civil Code and a particularly unfavourable installation situation of the contractual object must be given adequate consideration to the benefit of EUTECT. In particular, the compensation payments, costs and expenses that EUTECT has to bear must be commensurate with the value of the contractually agreed service.

6.6. All limitations of liability apply to the same extent for the vicarious agents and assistants of EUTECT.

6.7. The above provisions to not entail a change to the burden of proof to the disadvantage of the customer.

6.8. If a claim is made against EUTECT on account of a product defect, the Supplier is obliged to indemnify EUTECT against these compensation claims, insofar as the supplier has legal liability for this damage in relation to third parties. Within the scope of its liability for claims within the meaning of the above sentence, the Supplier is also obliged to reimburse any expenses that arise from or in connection with a recall carried out by EUTECT. The Supplier will be notified of the content and scope of the recall measures to be carried out and the Supplier will be given an opportunity to make a statement. Other statutory claims remain unaffected. The Supplier undertakes, at least during the period of limitation, to maintain product liability insurance for any claims arising due to product liability as well as for any claims for defects at an appropriate level of cover of at least EUR 5 million per personal injury claim/property claim – across the board – and to provide evidence of this to EUTECT upon request; further compensation claims on the part of EUTECT remain unaffected.

6.9. The Supplier indemnifies EUTECT against claims by third parties on account of breach of intellectual property rights such as patent rights, copyright or trademark rights, insofar as the Supplier or its vicarious agents or assistants were culpable in causing the damage. The contracting parties shall notify one another immediately if claims are made against them on account of breach of intellectual property rights.

7. OCCUPATIONAL SAFETY / ENVIRONMENTAL PROTECTION

7.1. All deliveries must comply with the laws, regulations and other provisions that apply at the headquarters of EUTECT. The Supplier is obliged to execute the contract in such a way that environmental protection, accident prevention and occupational safety regulations (also the rules and regulations of the German Employer’s Liability Insurance Association) as well as the generally accepted technical safety and occupational health rules are complied with.

7.2. The Supplier undertakes, at the request of EUTECT, to provide samples of the materials/tools that is uses for the purpose of inspection and to do so free of charge. The Supplier shall bear the costs of this inspection if it transpires that the material/tools that it used are not in compliance with the contractual terms and conditions. EUTECT reserves the right to assert claims for damages.

8. HAZARDOUS AND DECLARABLE SUBSTANCES
If the goods to be supplied are hazardous substances within the meaning of the German Chemicals Act, safety data sheets pursuant to Directive 91/155/EEC must generally be included with the shipment. Directly after a revision of this data, the Supplier must send the modified version to EUTECT without being specifically requested to do so.

9. CONFIDENTIALITY

9.1. The parties are obliged to keep all information that becomes accessible to them, that is marked confidential or, according to other circumstances is recognisable as trade or company secrets, confidential for an unlimited period of time and are obliged not to record, disseminate or utilize this information, unless it is provided for the contractual relationship.

9.2. The parties shall ensure, by means of suitable contractual agreements with the employees and agents that work for them, that these employees and agents shall also refrain from any utilisation, dissemination or unauthorized recording of such trade or company secrets for an unlimited period of time. The Supplier is only permitted to indicate its business relationship with EUTECT in its advertising if EUTECT has agreed to this in writing beforehand.

10. PRODUCTION MATERIALS (MODELS, TEMPLATES, TOOLS, ETC.)

10.1. Insofar as EUTECT paid for production materials in full or in part, the Supplier transfers ownership to EUTECT upon payment for the production material. Handover is replaced with a lease agreement that is hereby agreed and on the basis of which the Supplier is entitled to hold the production material until further notice.

10.2. The costs for the maintenance, servicing and replacement of parts of the production material shall be borne by the Supplier.

10.3. These production materials may only be changed following prior written approval by EUTECT. They must be stored separately and EUTECT’s ownership must be made identifiable on the production material itself and in the Supplier’s accounting records. They must not be used for the Supplier’s own purposes or made accessible to third parties. If the production material costs more than EUR 10,000.00, the Supplier must insure the production material at its own expense for the new price against damage by fire, mains water, storm, hail and against theft and vandalism. Unless otherwise agreed and provided the Supplier does not have current purchase orders to fulfil, the Client can demand return of the production materials at any time. The Supplier does not have any right of retention.

11. SUPPLY OF SPARE PARTS

11.1. The Supplier undertakes to be able to supply spare parts for a period of at least 10 year after the last delivery.

11.2. If individual components are discontinued by the Supplier or its sub-suppliers, EUTECT must be informed of this immediately in writing. EUTECT will then, with a notice period of 3 months, be given the right to place a final purchase order (coverage of the remainder).

12. INTEGRITY CLAUSE

12.1. EUTECT and Supplier undertake to take all necessary measures to avoid corruption. The Supplier shall in particular, by means of organisational measures and instructions to its employees, ensure that it or its employees in their business dealings with the Client

a) shall not commit any criminal offences,
b) shall not offer any bonuses or other benefits to the Client’s employees
c) shall not instigate third parties to perpetrate the above acts or provide them with assistance to do so.

12.2. In the aforementioned cases, the Client shall be entitled to extraordinary termination of the contract without notice and can exclude the Supplier from the future assignment of orders.

12.3. The Supplier undertakes to comply with the respective statutory regulations for dealing with employees, environmental protection and occupational safety and to work on reducing adverse effects on humans and the environment when carrying out its activities. Furthermore, the Supplier shall abide by the principles of the UN Global Compact initiative. These essentially pertain to the protection of international human rights, the right to collective bargaining, the abolition of forced labour and child labour, the elimination of discrimination during appointment and employment, responsibility for the environment and prevention of corruption. Further information on the UN Global Compact initiative is available at www.unglobalcompact.org.

13. DOCUMENTATION

The Supplier shall provide all documents that are part of the delivery (operating instructions, maintenance plans, drawings, dimension and data sheets, spare parts lists, etc., as relevant) to EUTECT in electronic form and in at least German and English.

14. PLACE OF FULFILMENT; PLACE OF JURISDICTION AND APPLICABLE LAW

14.1. The contractual relationships are subject solely to the law of the Federal Republic of Germany, excluding conflict of law provisions. The German wording is always authoritative for the interpretation of contracts.

14.2. The place of fulfilment for deliveries and payments is the registered office of EUTECT.

14.3. The sole place of jurisdiction for all present and future claims arising out of business relations with merchants, including claims based on bills of exchange or cheques, shall be Tübingen. The same place of jurisdiction applies if the customer does not have any general place of jurisdiction in Germany or moved its place of jurisdiction outside of Germany after the contract was concluded. EUTECT is also entitled at its option to bring an action at the headquarters of the customer.