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According to § 5 TMG:

 

Vineyard Cloud GmbH

Ruprechtstraße 37

67483 Edesheim

Register court Landau - HRB 32005

Sales tax identification number: DE309639359

Tax number: 24/670/03382

 

Represented by business executive:

Marcel Sambale-Lergenmüller

 

Contact:

 

Phone: +49 6345 949 29 35

Email: info@vineyard-cloud.com

 

 

Responsible for the content according to § 55 Abs. 2 RStV:

Vineyard Cloud GmbH

Ruprechtstraße 37

67483 Edesheim

Imprint

Contents:

Disclaimer

Privacy policy

Privacy policy for the use of Google Analytics

Hardware purchase agreement

Our offer contains links to external third party websites, over whose content we have no influence. Therefore we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created.

 

Permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of legal violations, we will remove such links immediately.

Liability for links

As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information under general law remain unaffected. Liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.

Liability for contents

Disclaimer

Copyright

The content and works on these pages created by the website operator are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use.

 

Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

With this information we inform you about the processing of your personal data in accordance with the EU General Data Protection Regulation (EU GDPR) that has been in force since May 25, 2018 and the rights you are entitled to under the new data protection law.

 

1. Responsible for data processing

 

This data protection notice applies to data processing by:

 

Vineyard Cloud GmbH (hereinafter: Vineyard Cloud) represented by the shareholder: Marcel Sambale-Lergenmüller

Ruprechtstr. 37, 67483 Edesheim

Email: info@vineyard-cloud.com

Phone: +49 6345 949 29 35

 

2. Collection and storage of personal data as well as type and purpose and their use

 

We process your personal data in compliance with the EU GDPR, the Federal Data Protection Act (BDSG) and all other relevant legal provisions only for the purposes stated in this data protection declaration.

The data processing of your personal data, which you provide to us by email, contact form, telephone, etc., takes place on your request. You give us your voluntary consent for the purpose of contacting us. You are not obliged to provide us with your personal data. But without providing a valid email address or an address or a telephone number, we cannot process your request.

We collect the following information to process and process your request:

  • Salutation, first name, last name,

  • a valid email address,

  • Address,

  • Telephone number (landline and / or cellular network),

  • Bank details.

 

The collection of your personal data takes place

 

  • in order to be able to identify you as our customer and to be able to assign your request,

  • to answer, handle and process your request,

  • for correspondence with you,

  • for invoicing,

  • to process any liability claims that may exist and all sub-steps of sales,

  • for mailing for advertising purposes, ie we inform you about offers, new products from our range, news and general information about us,

  • When you register for the newsletter, your e-mail address will be used for advertising purposes, ie in the context of the newsletter we will inform you in particular about products from our range, about offers and news. For statistical purposes, we can evaluate which links are clicked in the newsletter. We cannot tell which specific person clicked. Your e-mail address will only be saved for the duration of the desired registration for the newsletter dispatch.

 

We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as this is necessary to achieve the above-mentioned purposes or if we are legally obliged to do so or you have consented to storage beyond the statutory storage periods. After the respective purpose or expiry of the statutory storage periods, the personal data collected by us will be deleted.

 

3. Transfer of data to third parties

 

A transfer of your personal data to third parties for purposes other than those listed below does not take place.

We will only pass on your personal data to third parties if

 

  • You have given your express consent

  • the processing is necessary for the performance of a contract with you or to carry out pre-contractual measures,

  • the processing is necessary to fulfill a legal obligation. This includes in particular the transfer to suppliers, debt collection companies, lawyers and courts.

 

4. Rights of data subjects

 

You have the right:

 

  • In accordance with Art. 7 Para. 3 GDPR, you can withdraw your once given consent to us at any time. As a result, we are no longer allowed to continue the data processing based on this consent in the future;

  • to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a The right to lodge a complaint, the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;

  • in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;

  • to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless processing to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims is required;

  • In accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data if you dispute the correctness of the data, if the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert or exercise it or if you need to defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;

  • in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible and

  • to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your habitual place of residence, your place of work or the place of the alleged violation.

 

5. Right to object

 

If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR, you have the right to object to the processing of your personal data in accordance with Art. that arise from your particular situation.

 

If you would like to exercise your right of objection, an email to is sufficient

 

info@vineyard-cloud.om .

 

6. Data transfer to a third country

 

Should we or a third party transfer personal data to service providers outside the European Economic Area (EEA), the transfer will only take place if the EU Commission has confirmed an adequate level of data protection for the third country or other appropriate data protection guarantees (e.g. binding internal data protection regulations or EU standard contractual clauses). available.

 

7. Changes to our data protection regulations

 

We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services.

Information on data processing

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

 

As a rule, our website can be used without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on our website, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent.

 

We point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

Data privacy

Privacy policy

If you have given your consent, Google Analytics, a web analysis service of Google LLC ("Google"), is used on this website. The use includes the "Universal Analytics" operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus to analyze the activities of a user across devices. This data protection notice is provided by www.intersoft-consulting.de.

Privacy policy for the use of Google Analytics

We use HubSpot for marketing activities on our website. HubSpot is a software company from the USA with a branch HubSpot Ireland Limited in 2nd Floor 30 North Wall Quay, Dublin 1, Ireland.

 

We use this integrated software solution for our own marketing, lead generation and customer service purposes. This includes email marketing which governs the sending of newsletters as well as automated mailings, social media publishing and reporting, contact management such as user segmentation and CRM, landing pages and contact forms.

 

HubSpot uses cookies, which are small text files that are stored locally in the cache of your web browser on your end device and allow us to analyse your use of the website. HubSpot evaluates the information collected (e.g. IP address, geographical location, type of browser, duration of the visit and pages viewed) on our behalf so that we can generate reports on the visit and the pages visited.

Information collected by HubSpot and the content of our website is stored on servers of HubSpot's service providers. Insofar as you have given your consent to this in accordance with Art. 6 Para. 1 Sentence 1 lit. a DSGVO, the processing on this website is carried out for the purpose of website analysis.

Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard contractual clauses with the provider in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even through this contractual extension, we endeavour to obtain additional regulations and assurances from the recipient in the USA.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

 

You can permanently object to the collection of data by HubSpot and the setting of cookies by preventing the storage of cookies accordingly through your browser settings. You can object to the processing of your personal data at any time with future effect. 

Privacy policy for the use of Hubspot

The following contract between the provider and its customer regulates the conditions for the purchase of GPS transmitters (devices).

 

§ 1 Subject matter of the contract

 

(1) The customer purchases the devices specified in the order form (hereinafter also referred to as products) from the provider. The order form is an integral part of the contract.

 

(2) The Customer shall receive the operating instructions provided by the manufacturer for the hardware.

 

(3) Set-up, installation or establishment of technical operational readiness are not part of this contract. They can be provided by the provider on request, but are subject to a separate agreement. At the Customer's request, a separate agreement can be made regarding further services of the Provider (consulting, instruction, training).

 

(4) The customer acquires ownership of the hardware only upon full payment of the remuneration invoiced for it.

 

§ 2 Delivery, force majeure, transfer of risk

(1) Delivery shall be made free of charge to the domestic address stated in the order form. Deliveries abroad shall be made by separate agreement in the purchase form.

 

(2) The risk of accidental loss or deterioration of the products shall pass to the customer when the products are handed over to the carrier specified by the supplier. At the Customer's written request, the Supplier shall take out appropriate freight insurance at the Customer's expense.

 

(3) The delivery period can be found on the order form.

 

(4) If the supplier, despite exercising reasonable care, is prevented from fulfilling its obligation due to force majeure, in particular due to the occurrence of unforeseeable, extraordinary circumstances (e.g. energy supply difficulties, strike or lockout, operational disruptions), the delivery period shall be extended to a reasonable extent. If delivery and performance becomes impossible for the supplier in such cases, the supplier shall be released from its performance obligations.

 

§ 3 Obligations of the customer

(1) The customer shall ensure that the GPS transmitters can be properly delivered at the agreed delivery time.

 

(2) The customer shall put the GPS transmitters into operation independently upon receipt.

 

(3) The customer is obliged to check the contractual products for proper function and completeness immediately after delivery. The customer shall notify the provider of any defects immediately, if possible in writing and if reasonable in a form that is comprehensible to the provider (obligation to inspect and give notice of defects). In the event of defects that only become apparent at a later date, § 5 (3) and § 5 (4) shall apply. In the event of a breach of the obligation to inspect and give notice of defects, the delivery shall be deemed to have been approved with regard to the defect in question.

 

(4) In the event of any notification of defects by the Customer, the Customer shall enable and grant the Supplier and its personnel unhindered access to the relevant equipment/rooms.

§ 4 Remuneration

(1) The customer shall pay the provider the remuneration shown in the order form plus the statutory value added tax.

 

(2) Unless otherwise agreed, the invoiced amounts are due immediately. If the customer does not pay the agreed remuneration or only pays part of it, he shall be in default no later than 30 days after the due date.

 

(3) If the customer does not pay or does not pay on time, the provider is entitled to charge interest on the customer's outstanding debt at a rate of 9 percent above the base interest rate from the date of default.

 

(4) Any loss of the subject matter of the contract for which the provider is not responsible after the transfer of risk to the customer shall not affect the customer's obligation to pay.

§ 5 Material defects and defects of title

(1) A material defect exists if the contractual items do not have the quality described in § 1 or are not suitable for the contractually agreed use.

 

(2) The customer shall not be entitled to any claims for defects if he has used the products

 

has modified the products or

had them modified by third parties or

used with products other than those provided,

 

unless the customer proves that the material defect already existed at the time of delivery. If analysis and processing costs are significantly increased by the provider in these cases, the customer must reimburse the corresponding additional costs.

 

(3) Claims for defects in the products shall become time-barred one year after delivery, unless they are claims for injury to life, limb or health or for intent or gross negligence.

 

(4) Any defects that become known and occur must be reported by the customer, if possible in text form and immediately after discovery. The defects should be documented to the supplier by the buyer in as comprehensible a manner as possible.

(6) If the supplementary performance fails and the customer has set a reasonable deadline that allows at least two attempts at rectification, the customer may, at his discretion, withdraw from the contract or reduce the license fee. Subsequent performance shall not be deemed to have definitively failed after the second unsuccessful attempt at rectification; rather, the provider shall be free to choose the number of attempts at subsequent performance during the period set by the customer, insofar as this is reasonable for the customer.

 

(7) The setting of a deadline by the customer is dispensable if this is no longer reasonable for the customer, in particular if the provider has finally and seriously refused subsequent performance.

 

(8) In addition, the customer may, if the provider is at fault, claim damages instead of performance or reimbursement of expenses.

 

(9) The right to withdraw from the contract and the right to claim damages in lieu of full performance shall only exist in the case of significant defects.

 

(10) In the event of justified withdrawal on the part of the customer, the provider is entitled to demand reasonable compensation for the use of the products made by the customer until the reversal. This compensation for use shall be calculated on the basis of a two-year total period of use, with an appropriate deduction for the impairment due to the defect that led to the withdrawal.

(11) If the provider has fraudulently concealed a defect or assumed a guarantee for the quality, the statutory provisions on material defects and defects of title and their limitation period shall remain unaffected.

 

§ 6 Warranty

(1) If the manufacturer of the contractual products provides a guarantee, the supplier shall pass this on to the customer. For these cases, a guarantee card is enclosed with the products, which the customer will return to the supplier with a binding signature. The scope of the warranty, if any, is set out in the order form in conjunction with the manufacturer's warranty card.

 

(2) In order to safeguard the warranty claims, the customer shall contact the manufacturer directly in the event of the occurrence of faults/defects covered by the warranty and shall observe the manufacturer's warranty provisions, in particular the integrity of the contract hardware, the type of notification, etc.​

(3) In the case of item 2, the customer shall in any case also inform the provider with regard to the possible assertion of claims and keep him informed about the handling of the guarantee by the manufacturer.

(4) The provider shall be subject to the manufacturer's warranty conditions insofar as, on the one hand, the limitation period for liability due to material defects only begins with knowledge of the warranty conditions and, on the other hand, this period is suspended by the manufacturer's inspection, repair and replacement handling until the final conclusion of these efforts.

 

§ 7 liability

(1) The provider has unlimited liability

 

  • in the event of willful intent or gross negligence,

  • for injury to life, limb or health,

  • according to the provisions of the Product Liability Act and

  • to the extent of a guarantee assumed by the provider.

 

(2) In the event of a slightly negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the customer can regularly rely (so-called cardinal obligation), the liability of the provider is limited to the amount of damage that occurs after is predictable and typical of the type of business in question.

 

(3) The provider does not have any further liability. In particular, the provider is not liable for initial defects unless the requirements of Paragraphs 1 and 2 are met.

 

(4) The above limitation of liability also applies to the personal liability of employees, representatives and organs of the provider.

 

§ 8 Place of jurisdiction, offsetting and rights of retention, exclusion of UN sales law, place of performance

(1) If the customer is a businessman or a legal entity under public law, the place of jurisdiction for all disputes arising from and in connection with this is the registered office of the service provider

 

(2) The customer can only offset against claims of the provider with undisputed or legally binding claims. The exercise of a right of retention that is not based on a right from this contractual relationship is ineffective.

 

(3) This contract is subject to German law. The UN sales law is excluded.

 

(4) The place of performance for the provider's services is at the provider's registered office.

 

§ 9 completeness, written form

(1) All agreements between the parties are contained in this contract document. There are no further agreements.

 

(2) Changes and additions to this contract must be made in writing.

Hardware purchase contract

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