General Terms of Sale

Product information

All of the information regarding the products has been carefully compiled and is correct to the best of our knowledge and conscience. We reserve the right to make technical modifications. However, we assume no liability by publishing or for printing errors.

Prices

The prices are subject to change without notice, and are in Euros exclusive of the respective statutory VAT applicable on the invoice date. The right to make any necessary price changes and to correct any errors remains reserved. The prices are applicable in the Federal Republic of Germany.

Delivery

Within Germany we charge a flat rate for packaging and shipping of EUR 25.00. Throughout Europe, a fixed fee of EUR 60.00 is due. Rush orders and orders to third countries will be charged separately according to effort and cost.

Retention of title

We reserve the ownership in the goods until all of the claims arising out of an ongoing business relationship have been settled in full.

The contract partner undertakes to inform us without undue delay about any third-party access to the goods, for example in the event of a distraint, as well as about any damage to or destruction of the goods. The contract partner is obliged to inform us without undue delay about a change of possessor of the goods as well as a change of the contract partner's own domicile.

The contract partner is entitled to sell the goods on in the ordinary course of business. It hereby assigns now all claims in the amount of the invoice amount which accrue to it against a third party as a result of the onward sale. We hereby accept the assignment. After the assignment, the contract partner is authorised to collect the claim. We reserve the right to disclose the assignment and to collect the debt ourselves as soon as the contract partner does not duly comply with its payment obligations and is in default of payment.

Warranty

According to our choice, we render subsequent performance for defects in the goods supplied by us either through rectification of the defect or through the supply of a flawless new item.

If the subsequent performance fails, then the contract partner is entitled, according to its choice, to reduce the purchase price or to rescind the contract.

Claims based on a defect become time-barred after the expiry of one year from the commencement of the statutory period of limitations.

Liability

Compensation claims based on breaches of obligation are excluded.

Compensation claims which are excluded from the exclusion of liability are those which are based on a grossly negligent or intentional breach of obligation by our company, our legal representatives or vicarious agents.

The exclusion of liability does not apply for damage or loss connected with loss of life, physical injury or damage to health which occurs due to an intentional or negligent breach of obligation by our company, our legal representatives or vicarious agents, either.

Place of performance and legal venue

The place of performance and the legal venue is Oberhausen/Rhineland.

Data handling

We at SIM GmbH take the protection of personal data seriously. This means in particular that we only process personal data if a legal regulation allows us to do so or if the person concerned has given his or her consent.

Here, we explain to you which information (including your personal data) is processed by us and how it is used.

Our handling of your data and your rights - information according to Art. 13, 14 and 21 of the EU-GDPR

With the following information we would like to give you an overview of the processing of your personal data by us and your rights resulting from it. Which data is processed in detail and in which way it is used depends largely on the services requested or agreed upon in each case. Therefore not all statements contained here may apply to you.

In addition, this privacy information may be updated from time to time. You can always find the latest version on our website.

1. Who is responsible for data processing and whom can I contact?

The person responsible within the meaning of the GDPR is:

SIM GmbH

Managing Director: Rolf Eichelberg

You can reach our company data protection officer at:

Dr. Lina Such, datenschutz [AT] sim-gmbh [DOT] de, 0208/9410780

2. Nature of the personal data collected

We process the following personal data that we receive from you in the course of our business relationship:

Company name with legal form and address

Title and names

Phone numbers

Fax numbers

E-mail addresses

Field of activity or position

3. We process your data for the following purposes and on the following legal basis

We process personal data in accordance with the provisions of the European Data Protection Basic Regulation (EU- GDPR) and the Federal Data Protection Act (BDSG):

3.1 For the fulfilment of contractual obligations (Art. 6 para. 1 letter b GDPR)

The processing of data is carried out for execution:

• of our contract
• ancillary contractual services (e.g. preparation of offers, warranty notifications, etc.)

3.2 Due to legal requirements (Art. 6 para. 1 letter c GDPR)

We are subject to various legal obligations that entail data processing. These include, for example

• Tax laws and the legal bookkeeping

• the fulfilment of fiscal control and reporting obligations

In addition, the disclosure of personal data may become necessary in the context of administrative/judicial measures for the purpose of gathering evidence, prosecution or enforcement of civil claims.

4. Who gets my data?

4.1. Within our company

Employees for the contact with you and the contractual cooperation (including the fulfilment of pre-contractual measures)

4.2 In the context of contract processing

Your data may be passed on to service providers who work for us as order processors:

• Support or maintenance of EDP or IT applications

All service providers are bound by contract and in particular are obliged to treat your data confidentially.

4.3 Other third parties

Data will only be passed on to recipients outside our company in compliance with the applicable data protection regulations. Recipients of personal data can be, for example

• Tax consultants or economic and wage tax and tax auditors (statutory audit mandate)

• Partner companies, from whom we take over the distribution, installation and maintenance of products

5. Is data transferred to a third country or to an international organisation?

Your data will only be processed within the European Union and states within the European Economic Area (EEA).

However, we work together with partner companies, which may have their headquarters, parent company or data centres in a third country. A transfer is permitted if the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR). If the Commission has not taken such a decision, the companies or the service provider may only transfer personal data to service providers in a third country if appropriate safeguards are in place (standard data protection clauses adopted by the European Commission or the supervisory authority in a given procedure) and enforceable rights and effective remedies are available.

6. How long will my data be stored?

We process and store your personal data for as long as this is necessary to fulfil our contractual and legal obligations. If the data is no longer necessary for the fulfilment of contractual or legal obligations, it will be regularly deleted.

There are exceptions,

• to the extent that statutory storage obligations must be fulfilled, e.g. German Commercial Code (HGB) and German Tax Code (AO), are required. The periods of retention or documentation specified there are usually six to ten years;

• for the preservation of evidence within the scope of the statutory limitation regulations. According to §§ 195 ff of the German Civil Code (BGB), these periods of limitation can be up to 30 years, whereby the regular period of limitation is 3 years.

• If necessary further ones.

If the data processing is carried out in the legitimate interest of us or a third party, the personal data will be deleted as soon as this interest no longer exists. The exceptions mentioned above apply.

7. What data protection rights do I have?

You have the right to information (Article 15 GDPR), the right of correction (Article 16 GDPR), the right of deletion (Article 17 GDPR), the right to restrict processing (Article 18 GDPR), the right of objection (Article 21 GDPR) and the right to data transferability (Article 20 GDPR).

With regard to the right to information and the right of deletion, restrictions may apply under Sections 34 and 35 of the Federal Data Protection Act.

In addition, there is a right of appeal to a competent data protection supervisory authority (Article 77 GDPR in conjunction with Article 19 BDSG). The supervisory authority responsible for us is:

LDI NRW - State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia

8. Is there an obligation to provide data?

Within the scope of the contractual relationship, you must provide those personal data which are necessary for the commencement, implementation and termination of the contractual relationship and for the fulfilment of the associated contractual obligations or which we are legally obliged to collect. Without this data, we will generally not be able to conclude or execute the contract with you.

9. Information about your right of objection in accordance with Article 21 of the Basic Data Protection Regulation (GDPR)

9.1 Right of objection based on individual cases

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter f) GDPR (data processing based on a balancing of interests), including profiling based on this provision within the meaning of Article 4 No. 4 GDPR.

If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

9.2 Recipient of an objection

The objection can be made in any form with the subject "Objection", stating your name, address and date of birth, and should be addressed to

Dr. Lina Such, datenschutz [AT] sim-gmbh [DOT] de, 0208/9410780

Privacy notice

Responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR):

SIM GmbH
Im Erlengrund 21-23
46149 Oberhausen
Deutschland

Tel. +49 (0) 208 - 94 10 78 -0
Fax +49 (0) 208 - 94 10 78-88

Managing Director: Dipl.-Ing. Rolf Eichelberg

Your rights as party concerned

You can excercise the following rights at any time using the contact data provided below by our data protection officer:

• information about your data stored with us and about their processings,
• correction of incorrect personal data,
• deletion of your data stored with us,
• restriction of data processing if we are not allowed to delete your data due to legal obligations,
• objection to the processing of your data by us, and
• data transferability if you have consented to data processing or have concluded a contract with us.

If you have given us your consent, you can revoke it at any time with effect for the future.

You can complain to a supervisory authority at any time, e.g. to the competent supervisory authority of the federal state in which you reside or to the authority responsible for us.
You will find a list of the supervisory authorities (for the non-public sector) with their addresses at Bundesbeauftragte für Datenschutz und Informationsfreiheit

Purposes of data processing by the responsible body and third parties

We process your personal data only for the purposes stated in this privacy policy. Your personal data will not be transmitted to third parties for purposes other than those mentioned. We will only pass on your personal data to third parties if:

• processing is necessary to handle a contract with you,
• the processing is necessary to fulfill a legal obligation,
• the processing is necessary to protect legitimate interest and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data.

Deletion or data blocking

We adhere to the principles of data avoidance and data economy. We therefore only store your personal data as long as it is necessary to achieve the purposes stated here or as provided for by the legislator's various storage periods. After the respective purpose or expiration of these periods, the corresponding data will be routinely blocked or deleted in accordance with statutory regulations.

Data entry within the framework of business relations

Within the scope of business relations (order processing) with SIM GmbH, not only address and account data of you as a business partner but also data of employees of your company can be processed. Depending on the task, this can be name, address and contact data (e.g. mobile phone number, e-mail address, IP address), bank details etc. These data are processed exclusively in the context of the concrete order processing on basis of legal requirements.

Acquisition of data for the SIM newsletter

To receive the newsletter, it is sufficient to provide your e-mail address. When registering to receive our newsletter you agree that your data may only be used for sending the newsletter or comparable information. Subscribers can also be informed by e-mail about circumstances relevant to the service or registration (e.g. changes to the newsletter offer or technical circumstances).

We use the so-called double-opt-in procedure to ensure that the newsletter is sent out in an agreed manner. In the course of this, the potential recipient can be included in a mailing list. Subsequently, the user receives a confirmation e-mail to confirm the registration in a legally secure manner. The address is put on the mailing list only after the confirmation is done actively by the recipient.

The newsletter software used is provided by Newsletter2Go. Your data will be transmitted to Newsletter2Go GmbH. Newsletter2Go is prohibited from selling your data and using it for  purposes other than the dispatch of newsletters. Newsletter2Go is a certified German supplier, which was selected after the requirements of the General Data Protection Regulation (GDPR) and the Federal Law for Data Protection. You can find more information here.

You have the right and option to unsubscribe from the newsletter distribution list of SIM GmbH at any time. Just send an e-mail to data protection or use the unsubscribe link in the newsletter. Your data will be deleted immediately. Data proving the admissibility of delivery will be stored beyond a revocation or objection.

Publication of job advertisements / online job applications

Your application data will be collected and processed electronically by us for the purpose of handling the application procedure. If your application is followed by the conclusion of an employment contract, your transmitted data may be stored in your personnel file for the purpose of the usual organizational and administrative process. The relevant legal regulations are observed. In the event of a rejection of your application the data transmitted by you will be deleted two months after the rejection. This does not apply if longer storage is necessary due to legal requirements or if you have expressly agreed to longer storage in our database.

Collection of general information when visiting our website

When you access our website some general information is automatically collected by means of a cookie. This information (server log files) includes the type of web browser, the operating system used, the domain name of your Internet service provider and similar information. This is exclusively information which does not allow any conclusions to be drawn about your person.

This information is technically necessary in order to correctly deliver the content you have requested from websites and is mandatory when using the internet. They are processed in particular for the following purposes:

• ensuring a trouble-free connection of the website,
• ensuring a smooth use of our website,
• evaluation of system security and stability as well as
• for other administrative purposes.

The processing of your personal data is based on our legitimate interest from the aforementioned purposes of data collection. We do not use your data to draw conclusions about you personally. The recipients of the data are only the responsible body and, if applicable, the contract processor.

Anonymous information of this kind may be statistically evaluated by us in order to optimize our internet presence and its corresponding technology.

Cookies

Like many other websites we also used so-called "cookies". Cookies are small text files that are transferred from a website server to your hard drive. This automatically provides us with certain data such as IP address, browser used, operating system and your connection to the Internet.

Cookies cannot be used to start programs or to transmit viruses to a computer. Based on the information contained in cookies we can make navigation easier for you and enable the correct display of our web pages.

Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.

Of course, you can also view our website without cookies. In general, you can deactivate the use of cookies at any time via the settings of your browser. Please use the help functions of your Internet browser to find out how you can change these settings. Please note that some features of our website may not work if you have disabled the use of cookies.

SSL encoding

In order to protect the security of your data during transmission we use state-of-the-art encryption methods (e.g. SLL) via HTTPS.

Contact form

If you contact us via e-mail or contact form with questions of any kind, you give us voluntary consent for the purpose of contacting us. A valid e-mail address is required for the purpose of contacting us.  This is used to assign the request and then reply to it. The specification of further data is optional. The information you provide will be stored for the purpose of processing your inquiry and for possible follow-up questions. After your request has been processed, your personal data will be automatically deleted.

Use of Google ReCAPTCHA

We use Google reCAPTCHA (hereinafter reCAPTCHA) on our websites. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountainview, CA 94043, USA (Google).

The reCAPTCHA checks whether the data input on our websites (e.g. in a contact form) is made by a human being or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the visitor enters the website.

For analysis, reCAPTCHA evaluates various information (such as IP address, length of stay of the visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google. The reCAPTCHA analyses run completely in the background. Website visitors are not notified that an analysis is taking place.

Data processing is based on Art. 6 par. 1 lit.f GDPR. The website operator has a legitimate interest in protecting his web offers from abusive automated spying and from SPAM.

Further information on Google reCAPTCHA can be found here and in Google's privacy policy.

Use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc, 1600 Amphitheatre Parkway, Mountainview, CA 94043, USA (in the following: Google). Google Analytics uses "cookies", which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites your IP address will previously be reduced by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. On behalf of the operator of this website Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services associated with website use to the website operator. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

The purpose of data processing are to evaluate the use of the website and to compile reports on activities on the website. Other related services will then be provided based on the use of the website and the Internet. The processing is based on the legitimate interest of the website operator.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this, you may not be able to use the full functionality of this website. You can also prevent Google from collecting data generated by the cookie and relating to your use of this website (including your IP address) and from processing this data by Google, by downloading and installing the browser plug-in available through the following link : Browser Add On to disable Google Analytics

In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on this link. An opt-out cookie is then installed on your device. This will prevent Google Analytics from collecting data for this website and for this browser in future as long as the cookie remains installed in your browser.

Use of Google Maps

This website uses Google Maps API to display geographical information visually. When using Google Maps, Google also collects, processes and uses data about the use of map functions by visitors. You can find more detailed information about data processing by Google in the Google Privacy Policy.

Detailed instructions for managing your own data in connection with Google products can be found here.

Use of Google Web Fonts (script libraries)

In order to present our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries such as Google Web Fonts on this website. Google Web Fonts are transferred to our browser's cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font.

The retrieval of script libraries or font libraries automatically triggers a connection to the operator of the library. Theoretically it is possible that operators of corresponding libraries collect data, although it is currently unclear whether they do, and if so, for what purposes.

Please note the privacy policy of the library operator Google.

Embedded YouTube Videos

On some of our websites we embed YouTube videos. The operator of the connecting plug-ins is YouTube, LCC, 901 Cherry Ave., San Bruno, CA 94066, USA.

The videos are embedded by us in an advanced privacy mode. When a YouTube video is started the provider uses cookies that collect information about user behavior (collection of video statistics, fraud prevention and improvement of user friendliness). When you visit a page with the YouTube plug-in, a connection to YouTube servers is established. YouTube is informed which pages you visit. If you are logged into your YouTube account, YouTube can associate your browsing behavior with you personally. You can prevent this by logging out of your YouTube account beforehand.

If you have deactivated the storage of cookies for the Google Ad program you will not have to expect such cookies when watching YouTube videos. YouTube also stores non-personal usage information in other cookies. If you want to prevent this, you must block saving cookies in your browser.

Further information on data protection at YouTube can be found in the provider's privacy policy.

Use of LinkedIn button

On our website we offer you the possibility to access our LinkedIn profile using a button. The LinkedIn website is operated by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland.

LinkedIn uses cookies and similar technologies (such as pixels and ad tags) to collect information (such as device IDs) to recognize you and your device(s) inside, outside and across different services and devices. LinkenIn also allows certain third parties to use cookies in accordance with its cookie policy. If you are located outside of the designated countries, LinkedIn also collects information about your device (or relies on others to collect it) when you have not used LinkedIn services (e.g., ad ID, IP address, operating system, and browser information).

For more information about LinkedIn's privacy practices, please see the provider's privacy policy.

Changes to our Privacy Policy

We reserve the right to adapt this privacy policy so that it always complies with current legal requirements or to implement changes to our services in our privacy policy, e.g. when introducing new services. The new privacy policy will then apply for your next visit.

Questions to the data protection officer

If you have any questions about data protection, please contact us by phone, by mail or directly to the person responsible for data:
Mrs. Dr. Lina Such at datenschutz[at]sim-gmbh.de

The privacy policy was largely created with the privacy policy generator of activeMind AG.
Status: 11.01.2019.