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General Terms and Conditions of Delivery and Performance

General Terms and Conditions of Delivery and Performance
Stadler + Schaaf Mess- und Regeltechnik GmbH
(hereafter referred to as: Stadler + Schaaf)

  • For exclusive use with companies, which act upon conclusion of the contract in the exercise of their commercial or self-employed professional activity (hereafter referred to as: customer).

    Structure of the following General Terms and Conditions:

    1. Scope
    2. Terms of payment
    3. Legal effects concerning information on product characteristics
    4. Rights of Stadler + Schaaf and the customer regarding cost estimates, diagrams and drawings, and other documentation, standard software and firmware
    5. Infringement upon third-party property rights
    6. Partial deliveries
    7. Reservation of ownership
    8. Periods of delivery and performance
    9. Arrangements for delivery and passing of risk, applicability of Incoterms
    10. Customer's rights in the event of defects
    11. Liability
    12. Offsetting
    13. Place of fulfillment
    14. Place of jurisdiction
    15. Prohibition of assignment
    16. Applicable law


    1. Scope
    The legal relationships arising from the contract between Stadler + Schaaf and the customer concerning the procurement of goods, services, or work performances by Stadler + Schaaf for the customer (hereafter referred to as the procurement of goods, services, or work performances, if mentioned individually, and together referred to as: the subject matter of the contract) shall follow these General Terms and Conditions of Delivery and Performance of Stadler + Schaaf. We object to the inclusion of the customer's terms and conditions, especially the conditions of purchase.

    2. Terms of payment
    The invoices submitted by Stadler + Schaaf shall be paid net cash and in full within 30 days after the issue date. Payment shall only deemed received if and when Stadler + Schaaf is able to dispose of the amount invoiced. Should Stadler + Schaaf, upon special agreement with the customer, grant a discount on the payable amount,
    the following condition applies: All invoices with an issue date older than 45 days must be paid in full.

    3. Legal effects concerning information on product characteristics

    3.1
    Information on product characteristics or life period as well as other information on technical specifications shall only be considered a guarantee if they have been agreed upon and designated as such.

    3.2
    Any information Stadler + Schaaf gives the customer concerning suitability and usage of our products, services, work performances, and results deriving from the release of goods or the rendering of services or work performances shall not release the customer from his obligation to carry out his own assessment of the suitability and usage.

    4. Rights of Stadler + Schaaf and the customer regarding technical concepts, diagrams and drawings, specifications, elaborations, standard software, and firmware

    4.1
    Stadler + Schaaf reserves, without limitation, the property rights and copyrighted patent rights regarding technical concepts, diagrams and drawings, specifications, and elaborations. Technical concepts, diagrams and drawings, specifications, and elaborations that bear on the (future, if applicable) subject matter of the contract may only be made accessible to third parties with the previous consent of Stadler + Schaaf and must be returned immediately upon request. The customer reserves, without limitation, his property rights, copyrights, and patent rights regarding his documentation even after they have been made available to Stadler + Schaaf. However, Stadler + Schaaf may make this documentation available to those third parties that Stadler + Schaaf has permissibly involved in the fulfillment of their obligation of delivery and performance in accordance with the agreement with the customer.

    4.2
    The customer shall have the non-exclusive right to use standard software and firmware of Stadler + Schaaf with the agreed-upon characteristics in unamended form on the devices that Stadler + Schaaf has to deliver in accordance with the contract with the customer. The customer may not without the express consent create backup copies of the standard software. Furthermore, the customer may not duplicate the software without express consent of Stadler + Schaaf.

    5. Infringement of third-party property rights, usage of the customer's property rights by Stadler + Schaaf

    5.1
    Should Stadler + Schaaf be responsible for an infringement of third-party property rights, Stadler + Schaaf may, at its own option and at its own expense, purchase that right of use, which is sufficient for the agreed-upon or presupposed usage, and transfer this right of use to the customer or offer the customer an amendment to the contract, stating that the right of use shall not be infringed upon or that the delivered goods shall be replaced. The customer is obligated to accept this offer if the amendment or the replacement does not result in curtailing the usage of the subject matter of the contract by the customer. If this is not possible for Stadler + Schaaf or if Stadler + Schaaf does not react accordingly to the infringement of third-party property rights, the customer shall be entitled to assert the statutory claims and rights. All claims for damages and compensation of expenses are covered by paragraph 13. Should the customer reject the offer by Stadler + Schaaf to amend or to replace, even though the customer is obligated to do so in accordance with the above-mentioned terms, Stadler + Schaaf shall be entitled to withdraw from the contract..

    5.2
    Should a delivery based on diagrams and drawings or other information from the customer infringe upon third-party property rights, the customer shall indemnify Stadler + Schaaf from
    all claims.

    5.3
    License claims of the customer on the basis of commercial property rights regarding scanned or (on the authority of the customer) created or procured models and production facilities are excluded as long as the above-mentioned material is used by Stadler + Schaaf in accordance with the agreement with the customer.

    6. Partial deliveries shall be permissible insofar as they are reasonable for the customer.

    7. Reservation of ownership

    7.1
    Stadler + Schaaf reserves the right of ownership to the subject matter of the contract until complete payment of all claims (so-called simple reservation of ownership).

    7.2
    If the customer has fully paid for the manufactured or delivered goods, but has not completely paid for other claims by Stadler + Schaaf, Stadler + Schaaf reserves the right of ownership of the manufactured or delivered goods until complete payment of all claims (so-called overall reservation of ownership).

    7.3
    Insofar as a connection or mixing of the goods delivered by Stadler + Schaaf with the property of the customer occurs in such a way that the customer's property is to be regarded as the main item, it shall be considered agreed that the customer transfers co-ownership to Stadler + Schaaf in relation to the value of the goods' invoice value to the invoice value or, in the absence of such value, to the commercial value of the main item. The customer shall hold the sole or co-owned item arising therefrom in custody on Stadler + Schaaf's behalf.

    7.4
    The customer shall, on request by Stadler + Schaaf, provide all requisite information on the status and inventory of Stadler + Schaaf's property. Also on request by Stadler + Schaaf, the customer shall label all of Stadler + Schaaf's property as such.

    7.5
    In case of default in payment by the customer, after notice is given, Stadler + Schaaf shall be, in the case of simple reservation of ownership, entitled to demand surrender and the customer shall be obligated to surrender.

    7.6
    Due to the reservation of ownership, Stadler + Schaaf may only demand surrender after prior withdrawal from the contract.

    7.7
    The customer is entitled to and authorized to resell the retained goods subject to reservation of ownership in the ordinary course of trade. The customer shall now assign all of his claims out of such a resale of the retained goods subject to reservation of ownership to Stadler + Schaaf in the amount of the invoice value agreed upon with Stadler + Schaaf incl. value added tax, insofar as this assignment is accepted by Stadler + Schaaf. As long as all claims concerning the subject matter of the contract have not been fully paid, the customer shall store the goods for Stadler + Schaaf in trust, properly and separately from his own property and the property of third parties, keep them secure and insure them and label them as property of Stadler + Schaaf. Until payment in full, the customer may neither use nor resell the subject matter of the contract. The customer is not authorized to make other dispositions regarding the retained goods subject to reservation of ownership (e.g. transfer by way of security, pledging).

    7.8
    In case of distraint or other third-party interventions, the customer shall notify Stadler + Schaaf immediately so that Stadler + Schaaf may bring suit in compliance with § 711 ZPO (article 711 of the German Code of Civil Procedure). Where the customer fails to perform this obligation, he shall bear liability for the losses incurred as a result.

    7.9
    Stadler + Schaaf shall insofar be obligated to release the securities to which it is entitled, insofar as the realizable value exceeds the claims Stadler + Schaaf is entitled to. Stadler + Schaaf shall be entitled to choose the securities to be released.

  • Periods of delivery and performance

    8.1
    Adherence to periods of delivery and performance is conditional upon the timely receipt from the customer of all documentation, necessary permits, and approvals, approvals of plans in particular. The deadlines agreed upon between Stadler + Schaaf and the customer are binding. If these conditions are not fulfilled in due time, the deadlines shall be extended by the time between the agreed-upon time of delivery with the customer and the receipt at Stadler + Schaaf. This shall not apply if Stadler + Schaaf is liable for the delay.

    8.2
    Stadler + Schaaf shall inform the customer as soon as possible of any prospective delays. In any event, Stadler + Schaaf will transfer , as far as legally permissible, their claims towards their supplier resulting from the delivery not in keeping with the terms of the contract to the customer. Claims for damages and reimbursement of expenses against Stadler + Schaaf are excluded insofar Stadler + Schaaf is not liable for the delay in delivery. The reservation in this paragraph shall become ineffectual if Stadler + Schaaf is liable for the delay in delivery. Should non-compliance with the periods of delivery and performance be due to force majeure, e.g. mobilization, war, riot, or similar events, e.g. strike, lockout, the periods shall be extended adequately by the duration of the event causing non-compliance with deadlines and the duration which is necessary for Stadler + Schaaf to comply with their obligation towards the customer to deliver in light of the particular circumstances of the case. The same shall apply in the event of delayed or incorrect supply to Stadler + Schaaf.

    8.3
    The customer shall be entitled to claims for damages in the case of delay in delivery or default in performance solely in accordance with the more detailed provisions in paragraph 13, unless otherwise stated above.

    8.4
    The customer may withdraw from the contract without setting a period of grace if it is impossible for Stadler + Schaaf to fulfill their entire obligations before passing of risk. Furthermore, the customer may withdraw from the contract, if the execution of a part of the performance shall become impossible and the customer has a legitimate interest in refusing a partial delivery. If this is not the case, the customer must pay the contract price apportionable to the partial delivery. If the impossibility occurs during the delay in acceptance by the customer, or if the customer is responsible for this situation, Stadler + Schaaf shall be entitled to consideration.

    9. Arrangements for delivery and passing of risk, applicability of Incoterms

    9.1
    Delivery shall be effected in compliance with the trade terms stated in the individual contract whose interpretation shall be subject to the Incoterms edition applicable at the time the contract was concluded.

    9.2
    Should the individual contract not contain trade terms, delivery shall be effected ex works (EXW, Incoterms 2010).

    10. Customer's rights in the event of defects

    10.1
    Assertation of claims regarding defects of goods, services, or work performances must be in writing and state the nature and extent of the defects.

    10.2
    Should the goods, services, or work performance be defective and should the customer duly have asserted his claim regarding the defect toward Stadler + Schaaf, the customer shall be allowed to avail himself of the statutory rights in accordance with the following:

    10.2.1
    Stadler + Schaaf has the right to choose whether to remedy the defect or to supply non-defective goods, services, or work performance to the customer (cure).

    10.2.2
    Stadler + Schaaf reserves the right to two attempts to cure the defect. Should the cure fail or should it be unacceptable to the customer, the customer shall have the right to choose whether to withdraw from the contract or to request a reduction of the agreed remuneration.

    10.2.3
    In case of claims for damages and for reimbursement of frustrated expenditure due to a defect, paragraph 11 shall apply.

    10.3
    All warranty claims shall become statute-barred within one year of the onset of the time of limitation. This does not apply in the following cases

    10.3.1
    in the case of liability of Stadler + Schaaf on grounds of intent.

    10.3.2
    in the case of defects that Stadler + Schaaf, its legal representatives, or vicarious agents have fraudulently concealed or the absence of which Stadler + Schaaf, its legal representatives, or vicarious agents have guaranteed.

    10.3.3
    in the case of claims against Stadler + Schaaf due to defects of goods, services, or work performance, insofar as they were used in a building in conformity with their customary manner of utilization and have thus caused the building's defectiveness.

    10.3.4
    in the case of claims arising from injury to life, body, and health due to a deliberate or negligent breach of duty by Stadler + Schaaf, its legal representatives, or vicarious agents. The statutory limitation period shall apply to the paragraphs 10.3.1 to 10.3.4 above.

    11. Liability

    11.1
    Stadler + Schaaf shall only be liable (on whatever legal grounds):

    11.1.1
    in the case of intent or gross negligence on the part of Stadler + Schaaf, its legal representatives, or vicarious agents.

    11.1.2
    in the case of a negligent breach of cardinal obligations even in the case of slight negligence, but such liability shall be confined to such losses as are typical of the contract and could reasonably be foreseen. Cardinal obligations are such obligations the fulfillment of which enables the proper execution of the contract and the observation of which the customer may regularly trust on.

    11.1.3
    in the case of claims arising from injury to life, body, and health due to a deliberate or negligent breach of duty by Stadler + Schaaf, its legal representatives, or vicarious agents.

    11.1.4
    in the case of defects that Stadler + Schaaf has fraudulently concealed or the absence of which Stadler + Schaaf has guaranteed.

    11.1.5
    in the case of defects of the subject matter of the contract, insofar as liability exists under the Product Liability Act for personal injury or damage to property for private use under the Product Liability Act.

    11.2
    Insofar the customer is entitled to claims for damages against Stadler + Schaaf, these claims shall become statute-barred within one year of the onset of the time of limitation. This does not apply in the following cases:

    11.2.1
    in the case of intent on the part of Stadler + Schaaf, its legal representatives, or vicarious agents.

    11.2.2
    in the case of defects that Stadler + Schaaf, its legal representatives, or vicarious agents have fraudulently concealed or the absence of which Stadler + Schaaf, its legal representatives, or vicarious agents have guaranteed.

    11.2.3
    in the case of defects of the subject matter of the contract, insofar as liability exists under the Product Liability Act for personal injury or damage to property for private use under the Product Liability Act.

    11.2.4
    in the case of claims against Stadler + Schaaf due to defects of goods, services, or work performance, insofar as they were used in a building in conformity with their customary manner of utilization and have thus caused building's defectiveness. The statutory limitation period shall apply to the paragraphs 11.2.1 to 11.2.4 above.

    12. Offsetting
    The customer may offset claims from Stadler + Schaaf only against counterclaims which are uncontested or recognized by declaratory judgment.

    13. Place of fulfillment
    Place of fulfillment is the registered office of Stadler + Schaaf.

    14. Place of jurisdiction
    The municipal court (Amtsgericht) of Landau and the regional court (Landgericht) of Landau shall, within their operational competence, have exclusive jurisdiction for all disputes.

    15. Prohibition of assignment
    The customer may assign his claims against Stadler + Schaaf arising from the contractual relationship to third parties only with the written consent of Stadler + Schaaf.

    16. Applicable law
    The contractual relationship shall be governed by the law applicable at the place of Stadler + Schaaf's head office.

Imprint and disclaimer

  • Publisher

    Stadler + Schaaf Mess- und Regeltechnik GmbH

    Im Schlangengarten 20
    D-76877 Offenbach

    Tel.: +49 6348 611-0
    Fax: +49 6348 611-210
    Email: info(at)stadler-schaaf.de

  • Authorized CEOs to present Stadler + Schaaf

    Bernd Stadler, Eugen Schaaf, Clemens Berger, Martin Posingies

    UST-ID-Nr. DE148933191
    Registration court (Registergericht): Landau, HRB 1858

  • Design, implementation

    Sabath Media Designagentur GmbH

    Georg-Todt-Str. 1
    76870 Kandel
    www.sabath-media.de

  • Picture credits

    Lorch Fotostudio

    Gerberstraße 38
    76829 Landau
    info@lorch-fotostudio.de

  • Contents

    We are committed to ensuring the accuracy, timeliness, and completeness of the information provided and have paid careful attention to the contents of the website. We accept no responsibility for the information offered.

    The job descriptions and training / employment vacancies on this website are intended for both female and male employees or applicants. The exclusive use of the masculine form is solely for reasons of clarity and readability.

  • Links to other websites

    We assume no liability for the content of linked pages or for linked pages on those pages. We have no influence on the contents of such sites. They do not reflect the opinion of Stadler + Schaaf Mess- und Regeltechnik GmbH.

  • Copyright and industrial property rights

    Texts, pictures, graphic art, animations, and their arrangement are subject to copyright and related rights. The reproduction, alteration, transmission, or publication of the contents of this website in part or in their entirety, except for personal, non-commercial use, is prohibited in all possible forms. All the marks included on this website (protected trademarks, such as logos and business names) are owned by Stadler + Schaaf Mess- und Regeltechnik GmbH or by third parties and may not be used, permanently downloaded, copied, or distributed without prior written consent.

    Photo Landing Page: iStock.com/PeopleImages

    Photo location Zwenkau: Stadt Zwenkau

    Photo location Cologne: ©Fotolia_142173094: TTstudio/Fotolia.com


Disclaimer

No contractual relationship will be established by the use of this website. The use of this website is at your own risk. We expressly disclaim any liability for damage, including consequential damage, which may arise in any way in connection with your access to our website. This applies in particular to damage caused by viruses on your computer or your computer system or by your reliance on information contained on this website or on linked websites or on information from third parties which may be obtained via this web server.

Privacy Policy

Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Firmengruppe Stadler + Schaaf. The use of the Internet pages of the Firmengruppe Stadler + Schaaf is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Firmengruppe Stadler + Schaaf. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Firmengruppe Stadler + Schaaf has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the Firmengruppe Stadler + Schaaf is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
• a)    Personal data
Personal data means any information relating to an identified or identifiable natural person (“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.
• b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
• c)    Processing
Processing is 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.
• d)    Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
• e)    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.
• f)     Pseudonymisation
Pseudonymisation is 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.
• g)    Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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.
• h)    Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• i)      Recipient
Recipient is 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 shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
• j)      Third party
Third party is 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.
• k)    Consent
Consent of the data subject is 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.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Firmengruppe Stadler + Schaaf
Im Schlangengarten 20
76877 Offenbach
Deutschland
Phone: 063486110
Email: info@stadler-schaaf.de
Website: www.stadler-schaaf.de
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
Joachim Braun
Firmengruppe Stadler + Schaaf
Im Schlangengarten 20
76877 Offenbach
Deutschland
Phone: 063486110
Email: joachim.braun@stadler-schaaf.de
Website: www.stadler-schaaf.de
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
4. Cookies
The Internet pages of the Firmengruppe Stadler + Schaaf use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the Firmengruppe Stadler + Schaaf can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
5. Collection of general data and information
The website of the Firmengruppe Stadler + Schaaf collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Firmengruppe Stadler + Schaaf does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Firmengruppe Stadler + Schaaf analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
6. Contact possibility via the website
The website of the Firmengruppe Stadler + Schaaf contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
• a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
• b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
o the purposes of the processing;
o the categories of personal data concerned;
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
o the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
o the existence of the right to lodge a complaint with a supervisory authority;
o where the personal data are not collected from the data subject, any available information as to their source;
o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
• c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
• d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
o The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
o The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
o The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
o The personal data have been unlawfully processed.
o The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
o The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Firmengruppe Stadler + Schaaf, he or she may, at any time, contact any employee of the controller. An employee of Firmengruppe Stadler + Schaaf shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) 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 other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Firmengruppe Stadler + Schaaf will arrange the necessary measures in individual cases.
• e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
o The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
o The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
o The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
o The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Firmengruppe Stadler + Schaaf, he or she may at any time contact any employee of the controller. The employee of the Firmengruppe Stadler + Schaaf will arrange the restriction of the processing.
• f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Firmengruppe Stadler + Schaaf.
• g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Firmengruppe Stadler + Schaaf shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Firmengruppe Stadler + Schaaf processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Firmengruppe Stadler + Schaaf to the processing for direct marketing purposes, the Firmengruppe Stadler + Schaaf will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Firmengruppe Stadler + Schaaf for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Firmengruppe Stadler + Schaaf. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
• h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Firmengruppe Stadler + Schaaf shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Firmengruppe Stadler + Schaaf.
• i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Firmengruppe Stadler + Schaaf.
9. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
10. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the "Like" button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
11. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
12. Data protection provisions about the application and use of Google+
On this website, the controller has integrated the Google+ button as a component. Google+ is a so-called social network. A social network is a social meeting place on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Google+ allows users of the social network to include the creation of private profiles, upload photos and network through friend requests.
The operating company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google+ button has been integrated, the Internet browser on the information technology system of the data subject automatically downloads a display of the corresponding Google+ button of Google through the respective Google+ button component. During the course of this technical procedure, Google is made aware of what specific sub-page of our website was visited by the data subject. More detailed information about Google+ is available under https://developers.google.com/+/.
If the data subject is logged in at the same time to Google+, Google recognizes with each call-up to our website by the data subject and for the entire duration of his or her stay on our Internet site, which specific sub-pages of our Internet page were visited by the data subject. This information is collected through the Google+ button and Google matches this with the respective Google+ account associated with the data subject.
If the data subject clicks on the Google+ button integrated on our website and thus gives a Google+ 1 recommendation, then Google assigns this information to the personal Google+ user account of the data subject and stores the personal data. Google stores the Google+ 1 recommendation of the data subject, making it publicly available in accordance with the terms and conditions accepted by the data subject in this regard. Subsequently, a Google+ 1 recommendation given by the data subject on this website together with other personal data, such as the Google+ account name used by the data subject and the stored photo, is stored and processed on other Google services, such as search-engine results of the Google search engine, the Google account of the data subject or in other places, e.g. on Internet pages, or in relation to advertisements. Google is also able to link the visit to this website with other personal data stored on Google. Google further records this personal information with the purpose of improving or optimizing the various Google services.
Through the Google+ button, Google receives information that the data subject visited our website, if the data subject at the time of the call-up to our website is logged in to Google+. This occurs regardless of whether the data subject clicks or doesn’t click on the Google+ button.
If the data subject does not wish to transmit personal data to Google, he or she may prevent such transmission by logging out of his Google+ account before calling up our website.
Further information and the data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. More references from Google about the Google+ 1 button may be obtained under https://developers.google.com/+/web/buttons-policy.
13. Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
14. Data protection provisions about the application and use of Xing
On this website, the controller has integrated components of XING. XING is an Internet-based social network that enables users to connect with existing business contacts and to create new business contacts. The individual users can create a personal profile of themselves at XING. Companies may, e.g. create company profiles or publish jobs on XING.
The operating company of XING is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a XING component (XING plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding XING component of XING. Further information about the XING plug-in the may be accessed under https://dev.xing.com/plugins. During the course of this technical procedure, XING gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on XING, XING detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the XING component and associated with the respective XING account of the data subject. If the data subject clicks on the XING button integrated on our Internet site, e.g. the "Share"-button, then XING assigns this information to the personal XING user account of the data subject and stores the personal data.
XING receives information via the XING component that the data subject has visited our website, provided that the data subject is logged in at XING at the time of the call to our website. This occurs regardless of whether the person clicks on the XING component or not. If such a transmission of information to XING is not desirable for the data subject, then he or she can prevent this by logging off from their XING account before a call-up to our website is made.
The data protection provisions published by XING, which is available under https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by XING. In addition, XING has published privacy notices for the XING share button under https://www.xing.com/app/share?op=data_protection.
15. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
16. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
17. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
18. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
19. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation withPrivacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.