General terms and conditions

Our current GTC

General Terms and Conditions – Data

(Status: 01.09.2023)

General part

 

  1. Validity of the General Terms and Conditions

1.1 These General Terms and Conditions (GTCs) shall be an integral part of all offers and contracts for address deliveries and related services or other transactions of Schober Information Group Deutschland GmbH, Leinfelden (“Schober”) with customers.

1.2. The GTCs apply exclusively to transactions with entrepreneurs within the meaning of § 14 BGB.

1.3. The customer’s general terms and conditions shall not become part of the contract unless Schober expressly agrees to them in text form. This shall also apply if the customer’s general terms and conditions have not been expressly objected to or if Schober performs the commissioned service without reservation in the knowledge of conflicting or deviating terms and conditions.

1.4 These General Terms and Conditions shall also apply to all future business relations with the Customer, even if they are not expressly agreed again.

 

  1. Contract conclusion

2.1 Unless otherwise stipulated in our offers, Schober’s offers shall be subject to change. A contract shall be concluded upon confirmation of the order (order confirmation) by Schober, but no later than upon provision of the service.

 

  1. Prices

3.1 The address quantities stated in our offers may still change slightly after confirmation of the order due to constant additions and withdrawals up to the time of delivery. The number of addresses actually delivered is calculated. If a minimum order value has been agreed, this shall constitute the lower price limit.

3.2. Unless otherwise agreed, price increases of no more than 10% shall be permissible in the case of continuing obligations, for the first time after the expiry of a twelve-month contract term and then no more than once every twelve months. They shall be notified to the customer at least 6 weeks before they come into force. If the customer does not agree with price increases and if these amount to more than 10% on the basis of the last price level, the user can terminate the respective individual agreement within a period of 6 weeks since notification of the planned increase extraordinarily with a notice period of 4 weeks to the end of the month. During the remaining term, the conditions prior to the increase continue to apply unchanged.

3.3. All our prices are net prices plus sales tax at the applicable rate.

3.4. Invoices and partial invoices from Schober shall be payable immediately upon receipt of the invoice without deduction, unless otherwise agreed. If the user defaults on payment of the remuneration, Schober shall be entitled to demand default interest in the amount of 9% above the respective base interest rate. The assertion of further damages is not excluded.

3.5. Schober shall be entitled to assign all payment claims arising from this contract to a collection agency in its own name for the purpose of collection.

3.6. Should the customer raise objections against an invoice from Schober, these must be asserted against Schober in writing or by e-mail to fi@schober.de within 28 days of receipt of the invoice. Otherwise, the invoice is considered approved by the customer. Schober shall separately point out to the customer in the invoices the consequences of a failure to object in due time.

3.7. Offsetting with counterclaims of the customer is only permitted if these counterclaims are not disputed by us or if they have been legally established.

 

  1. Rights and obligations of the customer in case of defects

4.1. The customer is solely responsible for the devices he uses (hardware and software) and their suitability for data transmission. Failure of its equipment does not release from the obligation to pay.

4.2. The customer is obligated to provide all cooperation necessary for the receipt of services in a timely manner.

4.3. The customer bears the risk of loss of data on the transmission path to the application.

4.4. In the event of defects in the purchased services, the customer shall first set Schober a reasonable deadline for subsequent performance before asserting a right of reduction or withdrawal. The setting of a time limit shall be dispensable if the exercise of warranty rights without setting a time limit for subsequent performance is permissible under statutory provisions. Schober shall be entitled, at its own discretion, to render subsequent performance by repair or replacement delivery or a combination thereof.

4.5. The customer shall inspect the services received immediately upon receipt and shall notify Schober of any defects discovered immediately in text form. Schober shall be notified immediately in case of obvious defects within 7 days after receipt of the purchased service and in case of hidden defects within 7 days after knowledge of the defect. A planned or actual staggered use of the purchased services does not release the customer from the obligation to check and give notice of defects in due time. A violation of the obligation to notify and complain leads to the exclusion of the warranty.

4.6 If Schober processes data substances of the customer, the customer shall be responsible for ensuring that all data substances collected by him/her have been collected with a legally unobjectionable consent for advertising purposes, which is necessary to enable the use of the data substances agreed upon and presupposed with Schober. Schober shall be entitled to demand proof of a random check of the submission of declarations of consent from the customer within a reasonable period of time.

 

  1. Exemption

5.1. Should a claim be made against Schober by a third party due to an infringement of rights by the customer of any kind whatsoever, the customer shall indemnify Schober against such claims upon first request and undertakes to bear all costs arising therefrom (in particular lawyer’s fees, court costs and expert’s fees) upon first request by Schober or – at Schober’s option – to reimburse Schober. In particular, this also includes costs in connection with a reasonable defense against such claims.

 

  1. Liability

6.1. Schober warrants that the purchased services have the agreed quality and are not afflicted with defects that nullify or substantially reduce the value or the suitability for the usual use or the use assumed under the contract. Schober shall also warrant that the customer’s agreed right of use is not encumbered with third-party rights.

6.2. Schober shall not be liable for the operability of the data lines to its server, in case of power failures as well as for service restrictions or service failures that are based on force majeure or events that regularly make a service significantly more difficult or impossible. These include, in particular, strikes, lockouts, official orders, the failure of communications networks and gateways of other operators, disruptions in the area of the respective line provider, and disruptions that lie in the area of risk of other network providers.

6.3. Despite constant updating and revision of our business data, we cannot guarantee that all addresses in our address files are postally correct and complete for each industry and target group, or that all additional data is correct at the time of delivery to the customer, due to fluctuation within the address groups.

6.4. Since we compile the addresses from generally accessible registers, directories and own data from survey campaigns, we cannot guarantee that an addressee is or still is what he or she claimed to be or was claimed to be by a third party when the addresses were collected or last updated.

6.5. Returns (returns) are unavoidable for this reason and do not represent a defect in the delivery item. Such unavoidable returns will not be reimbursed.

6.6. In the event of slight negligence on the part of Schober, its legal representative or a vicarious agent, the liability of Schober in the event of a breach of material contractual obligations shall be limited to the typically foreseeable, direct damage. Material contractual obligations are, in the abstract, obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the customer could regularly rely. In all other respects, Schober’s liability for slight negligence shall be excluded.

6.7. All contractual warranty claims and claims for damages against Schober shall become statute-barred after the expiration of 12 months from the date on which they arose.

6.8. Notwithstanding the provisions under this sec. 6. Schober shall be liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or grossly negligent breach of duty by Schober or its legal representative or a vicarious agent.

 

  1. Data protection and control rights of Schober

7.1. If the services of Schober contain personal data within the meaning of Art. 4 No. 1 of the European Data Protection Regulation (GDPR), these will only be transmitted by Schober if there is at least one legal basis for the data processing.

7.2. The customer undertakes to process personal data in the services provided by Schober only if there is a legal basis for the use. Prior to delivery of the agreed services and during the contractual relationship, Schober shall randomly check the existence of a corresponding legal basis at the customer and shall be entitled to refuse the service if there is no sufficient legal basis for the purchase of the respective service. For this purpose, the customer shall keep suitable records of the legal basis of its data processing in the services purchased from Schober for at least 12 months after delivery of the purchased services and make them available to Schober upon request.

7.3. Objections by data subjects to the customer regarding individual address data or other personal data within the meaning of Art. 4 No. 1 GDPR in the services purchased from Schober shall be observed by the customer within the statutory time limits. In the case of global objections by affected parties, the customer shall report such objections to Schober immediately upon receipt of the affected objection.

7.4 Schober recommends that the customer check the individual address data in the services purchased from Schober against the DDV Robinson list (www.ichhabediewahl.de) before using them for advertising purposes in order to be able to observe blockings of affected persons.

7.5 Personal data within the meaning of Art. 4 No. 1 GDPR in the services obtained from Schober shall be deleted by the customer without delay after the end of the contract term and a confirmation of the deletion shall be sent to Schober in text form without being requested to do so.

7.6 In the event of the promotional use of the services obtained from Schober, the customer shall ensure that a reference to the right of the person concerned to object to the use of his/her personal data within the meaning of Art. 4 No. 1 GDPR as well as the customer’s information obligations required pursuant to GDPR are provided and that the information required pursuant to GDPR for personal data not collected from the person concerned within the meaning of Art. 4 No. 1 GDPR is provided in accordance with Schober’s specifications.

7.7 In the event that personal data within the meaning of Art. 4 No. 1 GDPR are used by the customer more than once, Schober shall fulfill its notification obligation under Art. 19 GDPR regarding subsequent corrections or deletions of the personal data or a restriction of the processing pursuant to Art. 16 GDPR, Art. 17 paragraph 1 GDPR and Art. 18 GDPR by updating the personal data obtained. The customer shall observe such updates immediately upon delivery.

7.8. Schober shall otherwise process personal data of the customer in compliance with relevant laws, in particular the EU General Data Protection Regulation (GDPR). Further information on the handling of personal information is available at https://schober.de/datenschutz/.

 

  1. Business data – use of addresses; prohibition of multiple use

8.1. Our business address data is protected by the database manufacturer in accordance with the law. § 87b ff. UrhG. They may only be used to the extent agreed with us.

8.2. Unless we have reached a different agreement with the customer at the time the order is placed, all addresses provided by us are intended only for the customer’s own promotional use. Unless otherwise agreed in the offer and order confirmation, only one-time use is permitted. Any use beyond this, as well as the transfer of data to third parties against payment or free of charge, constitutes misuse of data. To prove misuse, it is sufficient to submit one of the control addresses, which are generated exclusively for each address delivery and inserted into the address delivery.

8.3. For each case of improper use of addresses, the customer shall pay us a contractual penalty in the amount of ten times the net price of the address order from which the improperly used address originates.

 

 

Supplementary terms and conditions for address brokering

The following terms and conditions shall apply in addition to our General Terms and Conditions in the event that Schober provides a customer with address lists of a third-party address owner (third-party supplier).

 

  1. Address broker

1.1 Unless otherwise regulated in individual cases by the order confirmation to the customer, Schober shall only act as a broker for the third-party supplier and cannot be held liable by the customer due to incorrect addresses or other deficiencies in the brokered address data.

1.2 The customer acknowledges that, subject to other provisions in Schober’s order confirmation, the respective address license agreement shall be concluded solely between the customer and the third-party supplier.

 

  1. Acceptance by the third party supplier

2.1 Offers made by us on behalf of the third party supplier are subject to change and require written confirmation by the third party supplier. The latter may refuse to accept orders placed by us on behalf of the customer without stating reasons or may make them subject to the acceptance of additional conditions, in particular the submission of a sample of the advertising material with which the addresses are to be processed.

 

  1. Copyright – Right of use

3.1 Database copyright protection exists at the addresses of the third-party supplier in accordance with. § 87b UrhG (German Copyright Act), they shall remain the property of the third-party supplier and shall be rented to the customer, subject to other provisions in Schober’s order confirmation, only for one-time use for the customer’s own advertising to the agreed extent.

3.2 If the customer wishes to use the addresses more than once or without restriction, this shall require a separate permanent use agreement with the third-party supplier. To protect against unauthorized use, control addresses are incorporated into the address collections. The presentation of a control address is sufficient to prove misuse.

3.3 Any processing and use of the leased addresses may only be carried out in compliance with the data protection regulations, in particular those of the GDPR.

 

  1. Contractual penalty

4.1 In the event of a breach of the restrictions on use mentioned in this subsection, the Customer shall pay a contractual penalty in the amount of 10 times the invoice amount for all address collections delivered together with the collection from which the address used in breach of contract originates.

 

  1. Returns

5.1 Due to the different fluctuation in the individual address groups, returns (with a postal undeliverability notice) are unavoidable. There is no compensation for these returns. Return remunerations require a special agreement with Schober or the third party supplier.

 

 

Supplementary Terms and Conditions for Data Matching with Data Files of Deutsche Post Adress GmbH &Co. KG

In the event that Schober performs data matching services for its customers using the products of Deutsche Post Adress GmbH & Co. KG, such services shall be performed in the name and on behalf of Deutsche Post Adress GmbH & Co. KG. Otherwise, the General Terms and Conditions (GTC) of Deutsche Post Adress GmbH & Co. KG, as amended from time to time, shall apply exclusively. All GTC are available in full as a PDF download at www.postadress.de/agb. If it is not possible to download the GTC, they can also be requested from us in writing, by e-mail (info@postadress.de) or by phone at 05241/ 5393-0.

 

 

Final provisions

 

  1. Project references and marketing

1.1 Schober shall be entitled to refer to the cooperation with customers in its reference list or when Schober participates in project tenders of third parties, unless otherwise agreed in the individual case.

1.2 Further project references as well as their use for Schober’s marketing shall only be permitted with the customer’s prior consent.

 

  1. Applicable law

2.1 German law shall apply exclusively. If the customer is domiciled outside Germany, this shall apply with the inclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

  1. Place of performance; place of jurisdiction

3.1 The place of performance for all obligations with us is Stuttgart.

3.2 The place of jurisdiction for all legal disputes shall be the Local Court (Amtsgericht) or Regional Court (Landgericht) of Stuttgart, depending on the value of the subject matter of the dispute, unless an exclusive place of jurisdiction is established.

General terms and conditions – udo

(Status: 01.09.2023)

 

General part

 

  1. Validity of the General Terms and Conditions

 

1.1. These General Terms and Conditions (GTCs) are an integral part of all offers and contracts for services in connection with the software solution “universal data orchestration platform” – udo (hereinafter “the Services”) of the company Schober Information Group Deutschland GmbH, Leinfelden (“Schober”) with customers.

1.2. Schober shall generally provide its services in Leinfelden-Echterdingen, Germany at Schober’s business premises.

1.3. The GTCs apply exclusively to transactions with entrepreneurs within the meaning of § 14 BGB.

1.4. The customer’s general terms and conditions shall not become part of the contract unless Schober expressly agrees to them in text form. This shall also apply if the customer’s general terms and conditions have not been expressly objected to or if Schober performs the commissioned service without reservation in the knowledge of conflicting or deviating terms and conditions.

1.5. These General Terms and Conditions shall also apply to all future business relations with the customer, even if they are not expressly agreed again.

 

  1. Definitions

2.1 In these GTCs, the following definitions shall apply unless expressly provided otherwise.

“Application /udo” means the universal data orchestration platform as separately agreed between the customer and Schober or described by Schober as “udo” on https://schober.de/udo/ at the time of conclusion of the contract.

“Services” shall mean all services and work to be performed by Schober for the customer in connection with the application.

“Intellectual property rights” means all copyrights, patent rights, trademark rights, design rights, utility model rights, rights in or relating to databases, rights in or relating to computer programs (software), rights in or relating to confidential information, know-how and/or trade and business secrets, rights in or relating to domain names and all other intellectual property rights (registered or unregistered, existing or arising) worldwide, including expectant rights and rights in or relating to applications and/or pending registrations.

“Licensed Content” means access to the application with all content specified between the customer and Schober and the further specifications.

“License Period” means access to the Application for 12 months from the conclusion of the Agreement as well as the respective extension of the preceding License Period.

“Confidential Information” means information within the meaning of § 2 para. 1 Business Secrets Act, in particular and expressly all communications, information, records and documents relating to and in connection with the agreement, the application and the performance, irrespective of the form, the storage medium and irrespective of any respective confidential marking, which Schober discloses to the customer within the scope of the agreement or a separate non-disclosure agreement between the customer and Schober and which are marked as confidential or would normally be considered confidential information under the given circumstances. Confidential information is not such, (i) which were already known to the customer, (ii) which become public through no fault of the customer, (iii) that have been independently developed by the customer; or (iv) lawfully provided to Customer by a third party.

 

  1. Contract conclusion

3.1 Unless otherwise stipulated in our offers, Schober’s offers shall be subject to change. A contract shall be concluded with an electronic confirmation of the customer by an electronic agreement conclusion system (click-to-accept) or at the latest with the confirmation of the order (order confirmation) or the provision of the service by Schober.

 

  1. Prices

4.1 The prices stated in our offers shall apply. Insofar as the offer also includes the license of address data, the stated address quantities may still change slightly after the conclusion of the contract due to the constant additions and departures up to the time of delivery. The number of addresses actually delivered is calculated.

4.2. Unless otherwise agreed, price increases are permissible up to a maximum of 5% in the case of continuing obligations, for the first time after the expiry of a twelve-month contract term and then once every twelve months at the most. They shall be notified to the customer at least 6 weeks before they come into force. If the customer does not agree with price increases and if these amount to more than 5% on the basis of the last price level, the user can terminate the respective contract extraordinarily within a period of 6 weeks since notification of the planned increase with a notice period of 4 weeks to the end of the month. During the remaining term, the conditions prior to the increase continue to apply unchanged.

4.3. All our prices are net prices plus sales tax at the applicable rate.

4.4. Invoices and partial invoices from Schober shall be payable without deduction immediately upon receipt of the invoice, unless otherwise stated in the respective offer. If the user defaults on payment of the remuneration, Schober shall be entitled to demand default interest in the amount of 9% above the respective base interest rate. The assertion of further damages is not excluded.

4.5. Schober shall be entitled to assign all payment claims arising from this contract to a collection agency in its own name for the purpose of collection.

4.6. Should the customer raise objections against an invoice from Schober, these must be asserted against Schober in writing or by e-mail to fi@schober.de within 28 days of receipt of the invoice. Otherwise, the invoice is considered approved by the customer. Schober shall separately point out to the customer in the invoices the consequences of a failure to object in due time.

4.7. Offsetting with counterclaims of the customer is only permitted if these counterclaims are not disputed by us or if they have been legally established.

 

  1. Right of use

5.1. Unless otherwise expressly agreed, Schober grants the customer a non-exclusive, non-transferable right to use the application commercially or non-commercially, physically or non-physically, including the rights, as agreed, limited in time to the license period and spatially to the Federal Republic of Germany: (i) to conduct direct mailings to sell customer products; (ii) to conduct other forms of communication to promote Customer Products; (c) to conduct data analytics work.

 

  1. Rights and obligations of the customer in the event of performance defects

6.1. The customer acknowledges that Schober is dependent on the customer’s cooperation in order to provide the services offered within the time frame presented. In this respect, the Customer shall be obliged to duly and timely provide all preparatory and support actions required with regard to the Services, in particular information or deadlines or other notifications, access to interfaces and / or access data required for the provision of the Services. The customer shall ensure that the data, texts, etc. provided comply with the specifications and formats stipulated by Schober and that a backup copy is available. The customer is aware of and accepts a delay in performance on the part of Schober as a result of omitted or untimely cooperation obligations and other events for which the customer is responsible, which lead to a delay in performance.

6.2. The customer is also solely responsible for the devices (hardware and software) he uses. Failure of its equipment does not release from the obligation to pay.

6.2. In the event of defects in the purchased services, the customer shall first set Schober a reasonable deadline for subsequent performance before asserting a right of reduction or withdrawal. The setting of a time limit shall be dispensable if the exercise of warranty rights without setting a time limit for subsequent performance is permissible under statutory provisions. Schober shall be entitled, at its own discretion, to render subsequent performance by repair or replacement delivery or a combination thereof.

6.3. The customer shall inspect the services received immediately upon receipt and shall notify Schober of any defects discovered immediately in text form. Schober shall be notified immediately in case of obvious defects within 7 days after receipt of the purchased service and in case of hidden defects within 7 days after knowledge of the defect. A planned or actual staggered use of the purchased services does not release the customer from the obligation to check and give notice of defects in due time. A violation of the obligation to notify and complain leads to the exclusion of the warranty.

 

  1. Subcontractor

7.1 Unless expressly agreed otherwise or not permitted by law without the customer’s express consent, Schober shall be entitled to engage subcontractors to provide the agreed services in whole or in part.

 

  1. Liability

8.1. Schober warrants that the purchased services have the agreed quality and are not afflicted with defects that nullify or substantially reduce the value or the suitability for the usual use or the use assumed under the contract. Schober shall also warrant that the customer’s agreed right of use is not encumbered with third-party rights.

8.2. Schober shall not be liable for the operability of the data lines to its server, in case of power failures as well as for service restrictions or service failures that are based on force majeure or events that regularly make a service significantly more difficult or impossible. These include, in particular, strikes, lockouts, official orders, the failure of communications networks and gateways of other operators, disruptions in the area of the respective line provider, and disruptions that lie in the area of risk of other network providers.

8.3. Furthermore, Schober shall not be liable for (i) defects, delays or other errors to the extent that they are solely attributable to the Customer’s failure to perform preparatory and support activities properly or in a timely manner; (ii) the correctness and timeliness of support actions of third parties not commissioned by Schober, in particular providers, interface operators, platform providers and the like with regard to the services.

8.4. Schober shall be liable for an actual availability of udo, minus the limits set forth in sec. 9.6. mentioned maintenance work, in the amount of 96% p.a.. Availability refers to the usability of the agreed udo services related to the agreed system time. In particular, a service is considered available even if a subsystem (e.g., one of two servers in a cluster) fails, but the functionality as such is given. The availability is determined by summing up the downtimes during the agreed service time p.a.. The measurement of availability takes place at the service transfer point.

8.5. In the event of slight negligence on the part of Schober, its legal representative or a vicarious agent, the liability of Schober in the event of a breach of material contractual obligations shall be limited to the typically foreseeable, direct damage. Material contractual obligations are, in the abstract, obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the customer could regularly rely. In all other respects, Schober’s liability for slight negligence shall be excluded.

8.6. All contractual warranty claims and claims for damages against Schober shall become statute-barred after the expiration of 12 months from the date on which they arose.

8.7. Notwithstanding the provisions under this sec. 8, Schober shall be liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or grossly negligent breach of duty by Schober or its legal representative or a vicarious agent.

 

  1. Service level

9.1. Unless otherwise expressly agreed between Schober and the customer, Schober shall provide database hosting, application operation, account administration and technical hotline services to the customer in connection with the services.

9.2. Schober’s working days are Monday to Friday 8:00 am – 5:00 pm, excluding public holidays in Leinfelden-Echterdingen, Baden-Württemberg, Germany. All times are based on CET / CEST.

9.3. System time, in which all in connection with the agreed functionalities of the purchased udo services are available, is 7/24.

9.4. Service time, during which the technical hotline to udo can be reached, is weekdays Monday to Friday 8:00 – 17:00, excluding public holidays in Leinfelden-Echterdingen, Baden-Württemberg, Germany.

9.5. Schober did not provide on-call time during which the technical hotline to udo is available outside of service hours, unless expressly agreed otherwise.

9.6. Schober regularly carries out maintenance work and also imports updates from udo. Necessary maintenance work / downtimes will be announced in good time in consultation with the customer. Unscheduled maintenance work shall be announced 5 calendar days in advance, provided that Schober is able to schedule such work. Maintenance work can be carried out on the backup and test system at any time and without prior notice.

9.7. Scheduled maintenance / downtime shall not be considered as an interruption of udo’s availability, unless it results in a cumulative downtime within a calendar month of more than 5%.

9.8. The customer has to report malfunction messages of any kind within the service times or agreed stand-by times by e-mail: support@schober.de or by phone: +49 (0)70156 304 800.

9.9. Depending on the fault classes, Schober guarantees the following response times after a fault report from the customer:

Error level Response time
Error level 1 30 minutes
Error level 2 60 minutes
Error level 3 4 hours
Error level 4 8 hours

9.9.1. The response time describes the average time between the registration of an incident report and the start of solution-oriented processing or the average time between the assignment of a ticket and the start of solution-oriented processing. Measurement only takes place during the periods specified above as service time / standby time.

9.10. The individual error levels are qualified as follows:

Error level Description
1 – critical Complete failure of the application
2 – urgent Partial failure of the application or its essential functionalities
3 – normal Defects in individual service components that are not damaging to the system
4 – low Errors with low priority that have no influence on the current operation

 

  1. Intellectual property rights

10.1. Schober is exclusively entitled to all intellectual property rights to the licensed content.

10.2 All intellectual property rights to the Customer Work shall belong exclusively to the Customer. Insofar as Schober otherwise becomes the owner of intellectual property rights to customer work, Schober hereby assigns all such intellectual property rights to the customer.

  1. Data protection and control rights of Schober

11.1. If the services of Schober contain personal data within the meaning of Art. 4 No. 1 of the European Data Protection Regulation (GDPR), these will only be transmitted by Schober if there is at least one legal basis for the data processing.

11.2. The customer undertakes to process personal data in udo only if there is a legal basis for the use. Before making udo available to the customer and during the contractual relationship, Schober shall randomly check the existence of a corresponding legal basis with the customer and shall be entitled to refuse the service if there is no sufficient legal basis for obtaining the respective service. For this purpose, the customer shall keep suitable records of the legal basis of its data processing in the services purchased from Schober for at least 12 months after delivery of the purchased services and make them available to Schober upon request.

11.3. The customer is liable as a responsible person in the sense of Art. 4 para. 7 GDPR for the processing of personal data provided by the customer in udo, in particular concerning the observance of data subject rights, which are lawfully exercised by data subjects with regard to the personal data processed in udo.

11.4. Unless expressly agreed otherwise, the customer shall immediately delete personal data within the meaning of Art. 4 No. 1 GDPR transmitted to the customer by Schober during the term of the contract after the end of the term of the contract and send a confirmation of the deletion to Schober in text form without being requested to do so. The foregoing obligation pursuant to sec. 11.4. Sentence 1 shall not apply if the Customer processes such personal data substances within the scope of its own contractual relationship with the respective data subject.

11.5. Schober shall otherwise process personal data of the customer in compliance with relevant laws, in particular the EU General Data Protection Regulation (GDPR). Further information on the handling of personal information is available at https://schober.de/datenschutz/.

 

  1. Term, termination, effect of termination of the contract

12.1. Unless otherwise expressly stipulated, a contract term of 12 months from the conclusion of the contract applies, with an automatic extension of a further 12 months in each case.

12.2. The customer is entitled to ordinary termination of the contract at any time with a notice period of 3 months to the end of a respective calendar month. For the ordinary termination, the text form by e-mail to contact@schober.de is sufficient. The receipt of the notice of termination is what counts.

12.3 Upon termination of the contract, (1) Schober shall be (i) discontinue the provision of the Application to the Customer; and (ii) irretrievably delete all personal and other data of the customer within the application within 7 working days, (2) the customer shall immediately delete data substances transmitted to the customer by Schober for promotional use during the license period, with the exception of such data substances which the customer processes within the scope of an existing contractual relationship.

10.4 The Customer’s statutory rights to terminate the contract for cause shall remain unaffected.

 

  1. Confidentiality

13.1. The customer shall keep confidential information secret and shall only be entitled to disclose confidential information to affiliated companies, employees, representatives or consultants who need to know this information in accordance with the need-to-know principle and have agreed to maintain confidentiality or are otherwise obligated to maintain confidentiality as professional secrets.

13.2. The customer shall ensure that recipients of confidential information in accordance with the above item. 13.1. use such confidential information only for the exercise of rights and the fulfillment of obligations under the respective contract between the customer and Schober and treat it confidentially.

13.3. The customer is also entitled to disclose confidential information if (i) the disclosure is required by law, (ii) after having notified Schober in a reasonable manner and Schober has expressly agreed in advance to the disclosure concerned, (iii) to the extent otherwise permitted by law.

 

  1. Final provisions

14.1 Schober shall be entitled to refer to the cooperation with customers in its reference list or when Schober participates in project tenders of third parties, unless otherwise agreed in the individual case. Further project references as well as their use for Schober’s marketing are only permitted with the customer’s prior consent.

14.2 German law shall apply exclusively. If the customer is domiciled outside Germany, this shall apply with the inclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Place of performance for all obligations with Schober is Stuttgart. The place of jurisdiction for all legal disputes shall be the Local Court or the Regional Court of Stuttgart, depending on the value of the subject matter of the dispute, unless an exclusive place of jurisdiction is established.

 

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