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LubeInspect Mining - Terms of Use
Preamble
The services on the " LubeInspect Mining" platform (hereinafter referred to as the "Platform") are provided by FUCHS SE, Einsteinstr. 11, 68169 Mannheim, Germany (hereinafter referred to as "FUCHS") and may only be used in accordance with these Terms of Use.
Under existing contracts, FUCHS or another company of the FUCHS Group has agreed with its customers to provide a digital platform with information and support services.
Insofar as a customer is granted access to the platform, these terms of use govern the contractual relationship between FUCHS and the natural and legal persons (hereinafter referred to as "users") who use the platform. The platform then provides information (e.g., reports on the activities on the website, the use of liquids) and certain support services.
§ 1 Scope of these Terms of Use
(1) These terms and conditions apply only to the use of the platform; terms and conditions that conflict with or differ from these terms and conditions are not recognized
(2) These terms and conditions apply to the entire platform, including all areas integrated therein and those yet to be integrated.
(3) If the use of the platform is in connection with existing contracts with another company of the FUCHS Group for certain goods or services, the existing contracts shall apply only regarding any further obligations or liabilities.
§ 2 Access authorization
(1) The platform can only be used if FUCHS has activated access. In the case of legal entities, access authorization can only be granted to authorized natural persons.
(2) As the owner of the access data, the user must ensure that only he himself and persons authorized by him have access to this data. If the user fails to comply with this obligation, he shall be solely responsible for any damage caused by third parties through the use of his access data.
(3) The user is obliged to inform FUCHS immediately of the loss or unauthorized use of his access data.
§ 3 Operation and availability
(1) FUCHS endeavors to keep technical faults and interruptions to a minimum. FUCHS does not guarantee that access to or use of the service will not be interrupted for maintenance or development purposes or due to other disruptions.
(2) FUCHS reserves the right to shut down the service temporarily or permanently.
§ 4 Prohibited content and use
(1) Users may only use the platform for lawful purposes. In particular, users may not use the platform:
(2) User contributions must be correct and comply with all applicable laws in the Federal Republic of Germany and in the country from which they are uploaded. The user further undertakes to check and ensure that the content uploaded by him/her is neither illegal nor infringes the rights of third parties (in particular trademarks, copyrights, other property rights or personal rights). In particular, the user undertakes not to upload any content to the platform that:
(3) Content that is not permitted according to the above criteria may also not be delivered and/or distributed via the platform.
(4) FUCHS has the right to remove content from the platform without prior notice if it is unlawful or, in the opinion of FUCHS, violates these terms and conditions.
(5) Where the Platform contains links to other platforms and resources provided by third parties, these links are provided for informational purposes only. FUCHS has no control over the content of these platforms or resources and accepts no responsibility for them or for any loss or damage that may arise from their use.
§ 5 Termination and restriction of services
(1) Every user can terminate the use of the platform at their own discretion. To terminate the use of the platform, the user can send an email to lubeinspect-mining.support@fuchs.com.
(2) FUCHS reserves the right to terminate the use of the service with a notice period of two (2) weeks.
(3) In addition, FUCHS
if there is reasonable suspicion that a user is violating these Terms of Use. When deciding which measures to take, FUCHS will consider the legitimate interests of the user concerned.
§ 6 Transfer for analysis purposes and product improvement
(1) The user acknowledges and agrees that FUCHS may use strictly anonymized data for its own purposes in connection with the processing of the services, provided that this data does not identify the customer as a legal entity or a natural person ("anonymization"). These purposes include the improvement of FUCHS' products and services and expressly do not relate to analytical objectives in an advertising or sales context. Such use of anonymized user data may also extend beyond the time of termination of use.
§ 7 Liability
(1) FUCHS shall be liable without limitation for damages arising from the breach of a guarantee or from injury to life, limb, or health. This shall also apply in cases of intent and gross negligence. FUCHS shall only be liable for slight negligence if essential obligations are violated that arise from the nature of the contract and which are of essential importance for achieving the purpose of the contract. In the event of a violation of such obligations, delay and/or impossibility, our liability shall be limited to such damages as must typically be expected to occur under the contract. In all other cases, FUCHS' liability for slight negligence is excluded. Statutory product liability remains unaffected by this.
(2) Insofar as FUCHS' liability is excluded or limited, this shall also apply to the personal liability of FUCHS' employees, staff, representatives, and vicarious agents.
§ 8 Exemption from liability
The user shall indemnify FUCHS against all claims by third parties, including reasonable legal fees, asserted against FUCHS due to an infringement of rights by the information transmitted by the user, the use of the service or due to a violation of these terms of use by the user.
§ 9 Final provisions
(1) FUCHS reserves the right to amend these Terms of Use at any time. FUCHS shall notify the user of any amendments to these Terms of Use at an appropriate time. If the user does not object to the validity of the amended terms of use within two (2) weeks of receipt of the notification of amendment, the amended terms of use shall be deemed to have been accepted by the user. FUCHS shall inform the user of the new terms of use, the user's right of objection, and the significance of the objection period in the notification by email.
(2) Should any provision of these Terms of Use be invalid and/or unenforceable for any reason, the remaining provisions shall remain valid and enforceable to the extent permitted by law. The invalid provision shall be replaced by another provision that comes as close as possible to the economic purpose of the invalid provision. This applies accordingly in the event that these Terms of Use contain a Gap in regulation.
(3) These Terms of Use and the contractual relationship between FUCHS and the user shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Mannheim, Germany.
Privacy policy (LubeInspect Mining)
Valid from 2024/01/12
We assure you that we will treat the data you transmit to us confidentially and use it only for the purposes stated in the data protection declaration.
We process the data you enter on our web interface and mobile application lubeinspect- mining.fuchs.com in accordance with the applicable data protection regulations [General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG-neu)].
1. Name and address of the controller
The controller and service provider is FUCHS SE, Einsteinstr. 11, 68169 Mannheim, Germany (hereinafter referred to as "FUCHS").
2. Name and address of the data protection officer
Our data protection officer is Dr. Karsten Kinast, attorney at law, Kinast Rechtsanwaltsgesellschaft mbH, Hohenzollernring 54, 50672 Cologne. You can contact our data protection officer at any time with any questions relating to data protection.
3. What is personal data?
Personal data is information that can be used to find out your personal or factual circumstances (e.g., name, address, telephone number, date of birth or email address). Information that we cannot use (or can only use with disproportionate effort) to establish a link to your person - e.g., by anonymizing the information - is not personal data.
4. What does the processing of personal data mean?
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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Personal data is collected via this web interface and the mobile application if you provide it to us voluntarily, e.g. when creating an account. We use this data for the purposes stated in each case or resulting from the request, e.g. email, in order to be able to contact you. Data will only be transferred to third parties if this is expressly permitted by law or if you have consented to the transfer.
The personal data is processed in particular as follows:
5. What personal data do we process?
5.1. Registration process
This applies to all LubeInspect Mining users.
When you enter the web interface to view reports and set parameters, you must enter the following personal data:
Based on the processed data, we create a personalized user account for you, which allows you to protect your data with a password. When registering for the first time, the user sets a password.
The minimum character length for the password is 8 characters (max 255).
Each password must contain characters from at least 3 of the following 4 categories: Lower case letters, upper case letters, numbers (0-9), special characters.
Allowed characters for passwords:
You can change your password at any time. Please keep your password in a safe place and do not pass it on to other people. Passwords must also be changed after a certain period of time.
Once you have chosen a password, use it in combination with your user name (your email address) to log in.
As soon as the registration is canceled or changed, the data processed during registration will be deleted. Further storage may take place in individual cases if this is required by law.
The processing of the personal data presented serves to carry out pre-contractual measures in accordance with Art. 6 (1) lit. b GDPR.
In addition, the legal basis for the processing of the personal data presented is the consent given by you and thus Art. 6 (1) lit. a GDPR. You can withdraw consent at any time and without giving reasons by sending an email to lubeinspect-mining.support@fuchs.com or by sending a written message to FUCHS SE, Industry Division, Einsteinstr. 11, 68169 Mannheim, Germany.
6. Security, SSL technology
We have taken technical and organizational measures to protect your personal data, in particular against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. These security measures are continuously adapted in line with technological developments. Personal data is generally transmitted between your computer or mobile device and our service in encrypted form using the SSL (Secure Socket Layer) method.
7. Use of cookies
LubeInspect Mining only uses technically relevant cookies and through the LubeInspect Mining identity server, LubeInspect Mining cookies cannot identify an individual through their device. We do not use cookies to track users' browsing activity.
7.1 Legal basis
Our legitimate interest is in the aforementioned data processing and the purposes pursued with it. Art. 6 (1) lit. f GDPR is the legal basis for this.
8. Analyses for product improvement
We reserve the right to use strictly anonymized data within the service for our own purposes, in particular to improve the "LubeInspect Mining" product and our services, provided that this data does not identify any natural persons ("anonymization") and cannot be traced back to you. Such use of anonymized data may also extend beyond the time of termination of use.
9. Transfer of data to third parties (involvement of service providers for the processing of personal data)
The data will not be passed on to third parties.
10 Rights of the data subject
10.1 Right of acces
You have the right to request information from us at any time about the personal data stored about you and its origin, recipients or categories of recipients to whom this data is passed on, as well as the purpose of the storage.
10.2 Right of withdraw
If you have given your consent to the use of data, you can withdraw this at any time without giving reasons with effect for the future.
10.3 Right to rectification
If your data stored by us is incorrect, you can have it corrected by us at any time.
10.4 Right to erasure and blocking
You have the right to block and erasure the data we have stored about you. Your personal data will be deleted as soon as possible and within a period of two weeks after exercising this right. If statutory, contractual or tax/commercial retention obligations or other legal reasons prevent deletion, your data may not be deleted, but only blocked. After deletion of your data, it is no longer possible to provide information.
10.5 Right to data portability
If you request the release of your personal data provided by us, we will hand over or transmit the data to you or another responsible party in a structured, commonly used and machine- readable format upon request. The latter, however, only if this is technically possible.
10.6 Right to object
You have the right to object to data processing at any time and without giving reasons. However, it is possible that we may no longer be able to offer our services in full after exercising your right to object, as certain services make the processing of certain personal data absolutely necessary.
10.7 Contact for exercising the rights of data subjects
When you contact us by email to lubeinspect-mining.support@fuchs.com or by post to FUCHS SE, Einsteinstr. 11, 68169 Mannheim, Germany, the data you provide (your email address, your name and telephone number if applicable) will be stored by us in order to answer your questions or fulfill your request. We delete the data arising in this context after storage is no longer required or restrict processing if statutory retention obligations exist.
10.8 Right to lodge a complaint with the supervisory authority
You have the right to complain to the competent supervisory authority about the processing of your personal data if you feel that your rights under the GDPR have been violated.
11. Changes to this privacy policy
Due to the rapid development of the Internet and the constant development of case law, we reserve the right to adapt this privacy policy to technical and legal requirements at any time. We also refer you to our general data protection provisions on our website www.fuchs.com.