Privacy Policy

Data Security Agreement

VIERLING Policy Regarding Data Security

Protecting data of a personal nature is very important to us. Therefore all of our activities are undertaken in accord with legal regulations pertaining to data security and the protection of personal data. The following data security guide describes VIERLING's procedures in recording and utilizing data.

Personal Data

The personal data which you have made available to us is generally used to answer your questions, process your orders or to provide you with specific information or offers. Furthermore, in order to administer customer relationships, personal data must be stored, processed and transferred to our subsidiaries and contracting partners in order to better serve your needs or to improve our products and services. VIERLING also makes limited use of personal data for marketing purposes. Personal data is only provided to government institutions and authorities within the framework of national mandatory regulations. Strict confidentiality is required from our employees, agencies and partners. We would like to make you expressly aware that you are entitled access at any time to all personal data that are stored on your behalf.

Automatically Recorded Non-Personal Data

When you visit our websites, our web-server stores standard data that are not allocated to a given person plus the name of your internet service provider, your originating website, the pages or sites visited and the date and length of your visit. We and our subsidiaries utilize this information to determine the affinity of our websites and to improve content and services.

"Cookies" – Information That is Automatically Deposited In Your Computer

VIERLING does not use cookies.

Children

VIERLING does not knowingly collect personal data of children.

Security

In order to prevent loss, misuse or modification of data controlled by VIERLING, the company employs suitable physical, electronic and organizational procedures to protect and secure data that has been procured online. VIERLING is committed to protecting the information that you have provided to the company.

Links to Other Websites

VIERLING websites also offer online links to other websites. VIERLING is not responsible for data security policies or for contents of these other websites with the exception of the following sites:

www.vierling-group.com, www.gsm-gateways.com, www.cellphone-alert.com, www.gsm-remotecontrol.com, www.phones-via-gsm.com

Legal Right to Information

Upon request and in accord with current legal regulations, VIERLING will inform you or your representative as soon as possible in writing whether personal data are being stored at our company and which data in particular. Despite our efforts to maintain updated and correct information, any stored information that is erroneous will be corrected at your request. Further information in this respect is available at the respective websites.  Should questions arise regarding this statement of data security or the policies governing this website, or if any other requirements that you may have exist with respect to this site, please contact us at:  datenschutz(at)vierling.de

 

Terms Of Use

(as of August 2004)

1. Scope

Any use of this web site provided by VIERLING and/or its affiliates , " VIERLING Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. With log-in, or where a log-in is not required, in accessing or using the VIERLING Web Site these Terms of Use are accepted in their then current version. If the User uses this VIERLING Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

2. Services

This VIERLING Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading. VIERLING may stop the operation of the VIERLING Web Site in full or in part at any time. Due to the nature of the internet and computer systems, VIERLING cannot accept any liability for the continuous availability of the VIERLING Web Site.

3. Registration, Password

3.1 Some pages of the VIERLING Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. VIERLING reserves the right to deny registration to any User. VIERLING particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. VIERLING is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as de-fined below), in particular if the User

  • uses false data for the purpose of registration,
  • violates these Terms of Use or neglects its duty of care with regard to User Data,
  • violates any applicable laws in the access to or use of the VIERLING Web Site or
  • did not use the VIERLING Web Site for a longer period.

3.2 For registration the User shall give accurate information and, where such information changes over time, up-date such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to VIERLING, is current at all times and an address at which the User can be contacted.

3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data").

3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify VIERLING thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, VIERLING will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to VIERLING or upon new registration.

3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event VIERLING will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1  The use of any information, software and documentation made available on or via this VIERLING Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with VIERLING. Separately agreed to license terms shall prevail over these Terms of Use.

4.2  VIERLING grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the VIERLING Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by VIERLING in making same available.

4.3  Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license condi-tions take priority over these Terms of Use in the case of transfer of open source software and which condi-tions require the making available of the source code. In such case VIERLING shall make the source code available in return for the payment of costs.

4.4  Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the soft-ware or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5  The information, software and documentation are protected by copyright laws as well as international copy-right treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

4.6  §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

4.7  The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for in-formation, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. VIERLING shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.

5. Copyright

Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the VIERLING Web Site may not be changed, copied, reproduced, sold, rented, used, supple-mented or otherwise used in any other way without the prior written permission of VIERLING. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Duties of the User

6.1  In accessing or using the VIERLING Web Site the User shall not:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball sys-tem, chain letter, pyramid game or similar activity.

6.2  VIERLING may deny access to the VIERLING Web Site at any time, in particular if the User breaches any obli-gation arising from these Terms of Use.

7. Hyperlinks

The VIERLING Web Site may contain hyperlinks to the web pages of third parties. VIERLING shall have no li-ability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as VIERLING does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud. The information on the VIERLING Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses

9.1  The liability of VIERLING for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of VIERLING is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

9.2  Although VIERLING makes every endeavor to keep the VIERLING Web Site free from viruses, VIERLING cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3  9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

10. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the VIERLING Web Site, VIERLING shall comply with applicable laws on data privacy protection and the VIERLING Web Site Data Protection Privacy Policy, which is available per hyperlink on the VIERLING Web Site and/or on www.vierling-group.com.

11. Supplementary Agreements, Place of Jurisdiction, Applicable Law

Any supplementary agreement requires the written form. The place of jurisdiction shall be Forchheim if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch). The individual pages of the VIERLING Web Site are operated and administered by VIERLING and/or its affiliates. VIERLING makes no representation that information, software and/or documentation on the VIERLING Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access VIERLING Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to VIERLING Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with VIERLING, the User should contact VIERLING. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.