Adjustments:
1) The End User Agreement has been amended in the introduction and in point 10 (Privacy and Security).
2) The Privacy Policy has been supplemented.

I. END USER AGREEMENT FOR APP

The following service contract is concluded between DATA INFORMATION SERVICES GmbH (DATA INFORMATION SERVICES GmbH, Gewerbepark 10, 15745 Wildau, Deutschland; Geschäftsführer: Daniel Sarrazin; AG Cottbus HRB 11679 CB; E-Mail: info@mobile-alerts.eu; Fax: +49 3375 216060) and the customer. Terminations or communications under 6.3 or 12.2 should be directed to the above address.

Please read the following general terms and conditions carefully. By selecting the "Accept Terms and conditions /
Privacy Policy read" checkbox, downloading, installing or using the application offered by Data Information Services GmbH (app), you accept that these general terms and conditions form a legally binding contract between you and us. Please print or save a copy of this contract for your records.

If you do not agree to the general terms and conditions below, click not on the "Accept Terms and conditions /
Privacy Policy read" checkbox and do not download or install the app, and do not pay for or use the service. If you do not agree to these general terms and conditions, you are not entitled to use the service for any purpose whatsoever.

1. SUBJECT MATTER OF THE CONTRACT

The app which we offer you for download is free of charge. We guarantee that these can still be used free of charge for at least the next four years.

2. INTENDED USE AND ORDERING PROCESS

2.1

We offer you an app with which you can access measurement data that is transmitted by suitably equipped devices. Furthermore, we provide disk space, to the extent necessary, from which the retrieval of the corresponding data takes place. It is possible and intended that in the future, even more data can be recorded and displayed via the app. It cannot be guaranteed that all new app forms can be retrieved in each case on the previously used hardware.

By downloading, installing or using the app, a contract is made with us. To use the app, you will need to regularly and separately acquire additional hardware for data measurement as well as a gateway that records the measured data and sends it to our server.

2.2

We guarantee that the app and the cloud services we provide in order to use the app on hardware and smartphones sold, that at the minimum comply with the technical standard of Apple OS.7 or Android 3.2 or newer versions of these software, are supported from the purchase of this specific hardware for at least 36 months.

We customize the app regularly on new hardware, operating systems and applications. An obligation or guarantee is however not binding with the aforementioned support.

2.3

Furthermore, messages can be sent to the user via the app through, for example, displaying the exceeding or falling below of certain values set by the user. However, a complete functioning of certain messages cannot be guaranteed at any time, because it depends on circumstances that cannot be influenced by us, such as the availability of the user, the functionality of the devices used by the user and an active Internet connection.

The app is not suitable as an alarm system or for the monitoring of life-sustaining functions, personal body data or high-quality equipment and devices. A liability for damages arising from the fact that the user is not or not promptly informed about the exceeding of thresholds is excluded from any point of view.

3. COPYRIGHT AND OWNERSHIP

3.1

The app, including all knowledge, all concepts, logic and specifications, are the property of Data Information Services GmbH and its licensors and are protected by copyright and industrial property rights internationally.

3.2

This contract does not grant you any license, right or interest in our logos and brands. You thereby agree that you will not remove any product identification features or proprietary notices.

3.3

You acknowledge and agree that only we are entitled to the right, ownership and interest in all changes that you make to the app, according to the provisions stated later in this contract.

4. RIGHTS AND LIMITATIONS

4.1 Duration

This contract shall apply from the moment of your acceptance and shall remain in force until it is terminated in accordance with Clause 11 below. The general terms and conditions relating to liability, intellectual property rights and confidential information remain in force beyond the expiration or termination of this contract.

4.2 Rights

We grant you a non-exclusive right to use the app for the duration of the term, which is subject to the general terms and conditions contained in this contract. You may:

a) use the app for your internal business purposes;

b) in so far as it relates to the following Clause c), which refers only to documentation, make a copy of the app or any part thereof for data backup purposes, provided that you reproduce accordingly the copyright and other proprietary notices on any backup copy of the app. This restriction shall not prevent you from creating backup copies of your data or archiving it;

c) use, copy, customize and modify the documentation solely for your internal business purposes. You may transfer your rights to permanently use the app to another person or another company, provided that you hand over all copies of the app, uninstall the service accordingly or disable it, inform us prior to such transfer of all the contact details of the recipient and that the recipient confirms to us in writing prior to the transfer that he shall submit to these general terms and conditions in the contract.

4.3 Limitations

You are not allowed:

a) to change or translate a part of the app, unless this is necessary to configure the app based on the menus, options and tools contained in the software and intended for these purposes; and in terms of documentation, if necessary, to produce and modify manuals, and/or other documentation for your internal business purposes;

b) to analyze, disassemble or decompile, or otherwise attempt to, the app or a part thereof through reverse engineering, to derive or determine source code or the logic of the app, unless this is done to the extent permitted by applicable law and to the expressly authorized purposes for it;

c) to sublicense, rent out, sell, loan out, distribute or otherwise transfer the app beyond the extent allowed under this contract, provided you have not obtained from us a separate license for such purposes; for example, you may not embed the service (as a whole or in part) into another application and then distribute the application to a third party before you have acquired an OEM license from us;

d) to use the app for the purpose of competition with us, including, inter alia, competitive intelligence.

5. App Name

5.1

During the term of this contract, you are entitled to receive the app mobile alerts and use the cloud services that we offer for this purpose.

5.2

If you need technical support, please contact us first.

5.3

We reserve the right to limit the number of users who can contact our technical support team

6. WARRANTY AND INDEMNITY

6.1

We guarantee that the app will essentially function in accordance with the documentation for a period of ninety days after purchase, provided it is used according to the documentation on the operating systems provided for this purpose and the documentation adequately describes the operation of the app in all material respects. If you inform us in writing of a breach of the warranty according to Clause 6.1 during the warranty period, all our obligations and all your claims exist in the following: Correction or replacement of the app and/or documentation within a reasonable time; or termination of the app and providing or approving the refund of the fee. Each replacement app or documentation is only guaranteed for the remainder of the original warranty period.

6.2

We guarantee that we will deliver the app during the term with the reasonable skill, care and caution. If you inform us in writing of a breach of the warranty under this Clause 6.2, all our obligations and all your claims exist in the following: Correction or re-execution of the service in question; or termination of the service in question, and providing or approving a one-piece refund of the fee paid in advance for the service in question, which relates to the period after the date of termination.

6.3

We are obliged on demand to fully and effectively indemnify and hold you harmless with respect to any and all losses, claims, damages, costs, charges, expenses and liabilities arising from lawsuits or procedures in which it is claimed that through your use, your possession or your distribution of the app in the country in which you have your headquarters (provided that the country in question is a signatory to the treaties administered by the World Intellectual Property Organization (WIPO) on patents, trademarks, and copyrights) in accordance with the provisions of this contract, patents, trademarks or copyrights of third parties are infringed.

You are not entitled to this compensation claim:

if you do not inform us in writing within ten days after claims against you are raised or proceedings against you have been initiated; or

if, upon a corresponding written demand from us, you do not immediately discontinue the use or distribution of the app after such claims are raised; or

if you acknowledge, without prior written permission from us, the claims raised or proceedings initiated from rights of third parties or take any actions that could make it difficult for us to defend the claims or proceedings; in this case, we are entitled to immediately terminate this contract via written notice to you.

6.4

We are not liable if the alleged infringement is based on the following:

Modification of the app by someone other than us; or

Use of the app with hardware, software or any other components not supplied or licensed by us; or

Use of the app in a manner other than that found in the documentation.

6.5

In the event of a claim pursuant to Clause 6.3, we have:

the full discretion to decide whether we participate in proceedings in relation to such claim or defend ourselves against it or not;

the right, if this appears necessary or desirable to us, to require that you participate in such proceedings at our expense;

the right to require that you fully cooperate in defending the claim at our expense;

the right to obtain a license, so that you can use, own and distribute the app under the general terms and conditions of this contract without thereby infringing on patents, trademarks or copyrights of third parties;

the right to modify the app so that it does not infringe on more patents, trademarks and copyrights of third parties; and

the right to immediately terminate this contract via written notice to you, if we are unable to obtain a license in a commercially reasonable manner or modify the software. In such a case, we will provide a pro-rated refund of the fee paid by you for the service in question, which relates to the period after the date of termination;

and you are in any case obliged to reduce your damage as much as possible.

6.6

Your sole legal entitlement and our entire liability are regulated in Clauses 6.3, 6.4 and 6.5, which arise if the app or the service infringes the patents, trademarks or copyrights or other intellectual property rights of third parties.

6.7

You acknowledge and agree that you are responsible for all content on your devices or servers sent to us and you guarantee that your use of the service takes place in accordance with the relevant laws and regulations. You agree to indemnify and hold us harmless from all claims for damages and/or losses incurred by your content, your use of the service or your violation of Clause 6.7.

7. EXCLUSION OF OTHER WARRANTIES

7.1

We give no guarantees, conditions, assurances or pledges of any kind on the above-mentioned explicit warranties for the app and the performance of the service in Clause 6, explicit or implied, statutory or otherwise in relation to the service or a third-party app, including and without limitation of implied warranties or conditions of merchantability, satisfactory quality, suitability for a particular purpose, non-infringement or warranties arising from trade or use.

7.2

In addition to Clause 7.1, we also do not guarantee or represent the following: that the service meets your requirements; that the operation of the service runs error free or uninterrupted (including without limitation due to network failures, cloud problems or third-party errors and/or delays); that errors of the service will be corrected; that the service detects and/or correctly identifies and/or disinfects all threats, applications (whether malicious or otherwise) or other components; that you are entitled to block or delete third-party applications; that you are entitled to encrypt, decrypt, block or delete third-party information.

8. LIMITATION OF LIABILITY

8.1

You agree to use the app at your own risk. In accordance with Clause 8.4 and to the maximum extent permitted by law, a disclaimer applies in our favor against you for any indirect, special, consequential or incidental damages or losses, regardless of their cause, whether these are based on breach of contract or tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.

8.2

In addition to Clause 8.1, and in accordance with Clause 8.4, you acknowledge and agree that you are solely responsible for an adequate backup of all data and that you take appropriate measures to protect your data. We assume no liability or responsibility in any way for the loss and/or corruption of data.

8.3

We do not limit our liability as regards fraud, death or personal injury.

8.4

Without prejudice to our obligations under Clause 6.3, Clause 8.3 and all obligations that cannot be limited by the applicable law, we are liable only for your direct losses.

For property or pecuniary damage due to negligence, we and our agents are liable only for the breach of an essential contractual obligation. However, the amount is limited to the foreseeable and contract-typical damages at the conclusion of the contract.

9. ADVERTISING

We are entitled to place advertisements on the app, by ourselves or through a third party.

10. DATA PROTECTION AND SECURITY

10.1

If personal data are collected in the context of the download of the app or otherwise in connection with this contract, these are stored solely for your individual use and not shared.

10.2

You acknowledge and agree that we may directly or remotely communicate with the devices for the purpose and without restriction to check your permissions; to display reports and alerts such as automated support requests and warnings; to make the app available; to make policy and configuration changes to the devices; and to obtain information on the use, the performance of the service and infection logs. These communications include, inter alia, SMS text messages and other push messages.

10.3

You acknowledge and agree that it may be necessary for us to collect and process certain information relating to you and to each user in order to run the service, and that such information may contain data that is confidential and/or personal and related to intellectual property rights, including and without limitation, names, e-mail addresses, phone numbers and other contact details; account user names; IP addresses; usage information; infection protocols; and files that are under suspicion of a malware infection. Certain services may allow you to configure the service to track or record the geographical location of the devices; to block access to the device; to delete the contents of the device; to issue notifications about software installed on the devices; and to store text and e-mail messages that were sent and/or received by the device.

10.4

You acknowledge and agree that we, our group enterprise, contractors, and third-party licensors may also use certain information collected from you for our business purposes. Business purposes can be, but are not limited to, product support, product development and extension, statistical analysis, invoicing and reporting.

10.5

- be dropped -

10.6

If we transfer or export personal data to another country, we will ensure adequate protection of your personal data.

10.7

Each contracting party should take the appropriate technical and organizational measures against unauthorized or unlawful processing of personal data or their accidental loss, destruction or damage.

10.8

You agree to indemnify us and hold us harmless from any liability related to your failure to comply with this Clause 10.7.

10.9

The download of the app is not connected to a personal login and registration. We only receive insofar information about the smartphone used by the user, but not its personal data. The collection of personal information in the introduction of paid use – even subsequently for users who have so far used the app for free, as soon as a payment obligation arises – remains expressly reserved.

11. TERMINATION OF THE CONTRACT

11.1

This contract and your rights thereunder terminate immediately if you do not comply with the general terms and conditions of this contract; or file for bankruptcy or a bankruptcy petition is filed against you; or your subscription to the service expires; or we are notified that your subscription for the service was terminated.

11.2

In addition to our rights under Clause 11.1, we may suspend the performance of the service immediately and at any time if we demonstrably assume that your use constitutes a threat to the security of the app.

This applies especially if, when in a short time, such a significant amount of data is retrieved that the reasonable suspicion of a computer-controlled attack exists. Should customer data be lost in this context through the suspension of our service, no liability is accepted for this.

11.3

Upon termination of this contract, you must discontinue the use of the service, delete all copies of the app and documentation, remove all service settings from your servers and devices and erase all user-defined settings, software and data from our network. Within one month after the date of termination of this contract, you must send us a written confirmation that you have met this requirement. After the termination of this contract, we are entitled to delete the service via remote access and erase all your user-defined settings, software and data from our systems.

12. CONFIDENTIALITY, CONTACT

12.1

The app may contain confidential information which is secret and are of great value to us and our licensors. You are not authorized to use or to disclose this confidential information in a manner other than explicitly allowed in accordance with the general terms and conditions of this contract. We reserve the right to disclose details of this contract to third parties for PR and advertising purposes, and:

12.2

You thereby expressly agree that we may publish your name and logo on our customer list, as far as they are known to us under this contract; and

You thereby agree that we may send you e-mails or push messages to send you information, products and services and to inform you of other products and services that may be of interest to you.

If you do not wish to grant permissions to us, you can inform us at any time about it and tell us which permission you do not grant.

Version: 1.20 (2018-05-24)




II. Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website / app

Who is responsible for the data collection on this website / app?

The data collected on this website / app are processed by the operator. The operator's contact details can be found in the website's / app's required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website / app. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.
If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

DATA INFORMATION SERVICES GmbH
Gewerbepark 10
15745 Wildau

Telefon: +49 3375 2160539
E-Mail: info@mobile-alerts.eu

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

3. Data collection on our website / app

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.
Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
    •    Browser type and browser version
    •    Operating system used
    •    Referrer URL
    •    Host name of the accessing computer
    •    Time of the server request
    •    IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

Registration on this website

You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.
To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.
We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.

Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.
Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

4. Analytics and advertising

Google Analytics

This website / app uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

IP anonymization

We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.

Browser plugin

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics. Within the app you can disable Google Analytics in the settings.
For more information about how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Outsourced data processing

We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic data collection by Google Analytics

This website uses Google Analytics' demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section "Refusal of data collection".

5. Plugins and tools

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.
Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.

6. Online marketing and affiliate programs

Amazon affiliate program

The site operators / app participating in the Amazon EU partner program. Our pages contain advertisements and links to the sites run by amazon.de through which we can earn referral fees. Amazon uses cookies to trace the origin of the orders. As a result, Amazon can detect that you clicked the affiliate link on our website.
The storage of Amazon cookies is based on Art. 6 (f) DSGVO. The website operator has a legitimate interest in this service since it only receives credit for referral fees if these cookies are set.
To obtain more information about how Amazon uses your data, see the Amazon privacy policy at https://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.

Version 05/2018