Privacy Policy
1.) App description
2.) Terms of Use
3.) Publisher and providers
4.) Users of the app and purpose
5.) Function and purpose of the app
6.) Registration
7.) Note according to § 36 Consumer Dispute Settlement Act (VSBG) Range of usage rights 8.) Usage rights in general Rights of use to FOSS 9.) Foreign content 10.) Termination of the rights of use 11.) Violation USER OBLIGATIONS 12.) Confidentiality 13.) Obligation to notify defects 14.) Legal use BANS 15.) Transfer and exploitation ban 16.) Amendment bans 17.) Effect on software or websites of the publisher or third parties Warranty 18.) Free provision and exclusion of warranty rights 19.) Correctness of information 20.) Range of warranty regulations Liability 21.) Liability of publisher and provider 22.) Indemnification 23.) Scope of liability regulations Final provisions
24.) Subject to Change
25.) Invalidity of individual clauses
Applicable law
26.) Jurisdiction
Additional requirements 27.) Apple/ Goggle, etc. (Provider)
Privacy policy
28.) Responsibility
Scope and purpose of data processing data
29.) Categories
Purpose of data processing
30.) Treaty Implementation
31.) Consent to data processing
32.) Pursuit of legitimate interests
33.) Fulfillment of legal requirements
Recipient of personal data
34.) Transfer to third parties
35.) Data recipients in third countries
36.) State institutions or authorities
37.) Storage duration and deletion
38.) Contact for data protection
Additions to the European Union 39.) Affected rights 40.) Right to 41.) Complaint Updating these privacy policies Data protection Privacy Policy 42.) Responsibility Scope and purpose of data processing 43.) Data Categories Purposes of data processing 44.) Treaty Implementation 45.) Consent to data processing 46.) Pursuit of legitimate interests 47.) Fulfillment of legal requirements Cookies 48.) Evaluation of usage data 49.) Push messages Recipient of personal data 50.) Transfer to third parties 12.) Data recipients in third countries 52.) State institutions or authorities Storage duration and deletion
Contact for data protection
Legal Notice
53.) Copyright
54.) Liability
55.) Ranking
56.) Information on online dispute resolution
Privacy Policy
Mora-Net GmbH
Represented by the CEO:
Stefan Diemer
Prof. Dr. Ralf Wilde
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Commercial register at the district court of Aurich:
No.: HRB 204101
Sales tax identification - No.:
DE 30 66 04 624
1.) App description
The 'VeriApp-Services' of Mora-Net GmbH compare the actual / target states of ‘objects and projects' at the first recording time and freely selectable follow-up recordings through photo- / video documentation. Changes are visually recognizable. In our 'VeriApp Cloud' the documentation is stored in a neutral and unchangeable way. The use of the apps includes and requires an active, free user account. The functionality of the apps depends on the technology of the used mobile phones or recording devices (Real Glasses, etc.). The acceptance of our terms and conditions is required.
2.) Terms of Use
See Terms and Conditions, “EULA 01.05.2019” (End User License Agreement)
3.) Publisher and providers
The app is offered by Mora-Net GmbH in App Stores (platform). Contracting party is the publisher specified there. If under the provider information of the app (below provider) another named as a provider, this is favored in addition to the publisher under this EULA, grants rights of use and provides any support for the app. The platform operator is not the contracting party of the user for the app or its content.
4.) Users of the app and purpose
The user is a contractual partner of this app. These can be either private persons or representatives of a company in which he is employed. If the user concludes the agreement for use for his company without being entitled to do so, he himself is a contractual partner under this EULA. This app may only be used by the following users and for the purposes indicated: This app may be used privately by any lawful user.
5.) Function and purpose of the app
The function and purpose of the app are shown under the app description.
6.) Registration
For the registration of a user account of the app, the user has to provide the data for the user account completely and correctly. The handling of this data is described on page 5.
7.) Note according to § 36 Consumer Dispute Settlement Act (VSBG)
For customers from Germany: The Mora-Net GmbH will not participate in a dispute settlement procedure before a consumer arbitration board in the sense of VSBG and is not obliged to do so.
Range of usage rights
8.) Usage rights in general
The lawful user receives the temporary, non-exclusive, non-sublicensable, non-transferable, revocable and free of charge right to use the app for private purposes only in accordance with this EULA. The granting of rights of use to the app including its content is limited to 12 months from the date of receipt of the app by the user from the respective App Store.
Deviations and additions may result from the information and conditions for FOSS (Free Open Source Software).
Rights of use to FOSS
The app may include components of Free and Open Source Software ("FOSS"). This is primarily based on the information and conditions for FOSS.
9.) Foreign content
The app may contain or use components (software or content) from third parties. The information and conditions for third-party content apply as a priority. If rights to these third-party contents are granted directly by third parties, the user concludes a contract with the agreement of this EULA, if necessary, with the respective third party according to the corresponding conditions. In case of a violation, the third party can claim the user.
10.) Termination of the rights of use
The granting of rights of use is conditional on compliance with this EULA. In the case of a violation of this EULA by the user, the rights to use the app will automatically be canceled. Regardless, publishers and providers of the app can terminate the rights of use by unilateral declaration with immediate effect.
11.) Violation
In addition to a cessation of rights of use, a violation of this EULA may have further legal consequences for users, such as illegal use of the app and its contents. This also includes the omission of further use and claims for damages.
USER OBLIGATIONS
12.) Confidentiality
The user may only use the content of the app privately and not make it accessible to the public, for example in social networks or in any other way.
13.) Obligation to notify defects
The user immediately informs the management of Mora-Net about any malfunctions in using the app.
14.) Legal use
The user is obliged to use the app only lawfully in accordance with this EULA and in
To comply with the applicable law. That's what the user stands for.
BANS
15.) Transfer and exploitation ban
It is not permitted to transfer, publish, license, sell or otherwise commercialize the App to third parties for consideration or for consideration. No rights to the App may be rented, leased or otherwise transferred.
16.) Amendment bans
It is not allowed to modify, adapt, translate, create derivative works, decompile, reverse engineer, disassemble, or otherwise attempt to derive the app's source code. Legal powers remain unaffected, including the right of the user to decompile the app in order to obtain the information necessary to establish its interoperability with other programs unless the provider makes it available to him on reasonable terms.
17.) Effect on software or websites of the publisher or third parties
Any use of the app that has a negative effect on the app itself or with its affiliated websites or on software that is accessed through the app is inadmissible.
Warranty
18.) Free provision and exclusion of warranty rights
The app is provided for free and "as is". In particular, no availability promise is accepted. Warranty rights are excluded, except in case of intent or gross negligence of the publisher and provider of the app. This also applies to any support.
19.) Correctness of information
The publisher and provider assume no responsibility for completeness and accuracy. Representations of goods, services and prices are made without guarantee of accuracy and include neither a contract offer nor a claim to conclusion of a contract.
20.) Range of warranty regulations
The guarantee of publisher and provider is excluded and limited to the extent legally permissible.
Legal mandatory rights of the user remain unaffected.
Liability
21.) Liability of publisher and provider
Regardless of the fault of the publisher or supplier, any liability for fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and the Product Liability Act remain unaffected.
Liability of legal representatives, vicarious agents and employees of the publisher and provider for damages caused by slight negligence is excluded.
22.) Indemnification
If the publisher or provider of the app is claimed by a third party for breach of this EULA by the user, the user indemnifies the publisher and the publisher from all claims and costs, whether direct or indirect, including reasonable defense costs a lawyer. This does not apply if the user is not responsible for a violation. The publisher reserves the right to take over the defense against such claims themselves.
23.) Scope of liability regulations
The liability of publisher and provider is excluded and limited to the extent legally permissible. Legal mandatory rights of the user remain unaffected.
Final provisions
24.) Subject to Change
The publisher reserves the right to modify this EULA if necessary. The publisher informs the user about significant changes to the EULA. Changes will automatically take effect 30 days after this notification. If a user does not agree with a change, he has to uninstall the app and no longer use it. By continuing to use the app, the user agrees to the amended EULA.
25.) Invalidity of individual clauses
Should individual provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Applicable law
This EULA is subject to the applicable law of the Federal Republic of Germany for domestic transactions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
26.) Jurisdiction
The place of performance and jurisdiction is Germany, if the user is a merchant, a legal entity under public law or a public special fund.
Additional requirements 27.) Apple/ Goggle, etc. (Provider) These Terms of Use are solely between the user and the publisher and not with Provider. Provider assumes no responsibility for the app, but is entitled to act against the user in case of a violation of the terms of use. The publisher grants the user the right to use this application exclusively on iOS products owned or operated by him, and to the extent permitted under the terms of use of the App Store. Provider is under no obligation to provide any maintenance and support related to this application. Provider assumes no responsibility for the consideration, defense, settlement, and performance of third party intellectual property rights claims. Provider is under no obligation to respond to claims by the user or any third party in connection with the app or your property and / or your use of this application. This applies, inter alia, to the following claims: (a) product liability claims; (b) claims arising out of the allegation that the App violates any applicable statutory or regulatory provisions; and (c) claims under consumer protection or similar laws. If the app does not meet a valid warranty, the user is entitled to notify Provider so Provider may refund the purchase price of the application to the user. As far as permitted by law, Provider assumes no other warranty regarding the App. Provider and its affiliates are third party beneficiaries of the Privacy Policy and these Terms of Use, and therefore upon your acceptance of the Agreement (and this right is deemed to be accepted) to assert these Terms of Use to the User.
Privacy policy
Mora-Net GmbH is pleased about your interest in this app. Protecting your privacy as a user of the app is very important to us. Below we inform you about the handling of personal data in connection with the app. "Personal Data" means any information relating to an identified or identifiable natural person. Overall, our handling of personal data is governed by our privacy policy.
28.) Responsibility
Responsible for the processing of personal data is Mora-Net GmbH ("We").
Scope and purpose of data processing data
29.) Categories
We process personal data of the user, which the user enters during registration and use of the app, data released by him for processing on the device, as well as data in connection with the use of the app from the following categories: location, camera, phone, contacts , Storage The transfer of such data is neither legally nor contractually required or required for the conclusion of a contract. The user is not obliged to provide such data. The user can deactivate and reactivate the transfer at any time via the native smartphone settings under Privacy (iOS) or Apps (Android). However, if such data is not left to you, this may result in the app not functioning or being able to be used or being used only to a limited extent.
Purpose of data processing
We process the data presented above in accordance with the applicable data protection laws. The data processing takes place for the following purposes:
30.) Treaty Implementation
We process personal data for the implementation of the contract with you for the use of the app (provision of the app and its functionalities) in each case to the extent necessary. In principle, we delete the personal data as soon as further processing is no longer required for the purpose of implementing the contract. Further storage or processing shall only take place in accordance with Section 7.
31.) Consent to data processing Insofar as you have given us consent to the processing of personal data for further purposes (for ex- ample, for the evaluation of usage data), this data processing is based on this consent. Consents are always voluntary and can be revoked at any time. You can also declare the revocation of consent by e-mail to Mora-Net GmbH. Your revocation does not affect the legality of the data processing carried out up to the revocation on the basis of the consent. Equally unaffected is further processing of this data due to a different legal basis, such as compliance with legal obligations.
32.) Pursuit of legitimate interests
If necessary, we process your personal data beyond the fulfillment of the contract in order to protect legitimate interests of the publisher or third parties. Maintaining the functionality and security of our IT systems are such legitimate interests. In principle, we will delete this personal data as soon as further processing or storage is no longer necessary to safeguard the respective legitimate interests pursued. Further storage or processing shall only take place in accordance with Section 7.
33.) Fulfillment of legal requirements
As a company, we are subject to legal obligations and requirements, such as commercial and tax-related retention requirements. Therefore, we also process the user's personal date insofar as this is necessary to fulfill legal obligations. We disclose personal data of a user only in the presence of a legal obligation against regulatory and law enforcement authorities.
Recipient of personal data
34.) Transfer to third parties
As part of the APP services, no personal data of the user will be disclosed to third parties.
35.) Data recipients in third countries
Personal data of the user are transmitted by us within the following framework to recipients in countries outside the EU / EEA: USA
36.) State institutions or authorities
Transfers of personal data to state institutions and authorities are only possible within the framework of mandatory legal provisions (see point 2.2 d).
37.) Storage duration and deletion
We store and process your personal data only as long as this is necessary for the respective purpose (see section 2.2). In addition, storage and processing shall only take place to the extent that this is permitted for another purpose in accordance with Number 2.2, for example to fulfill legal requirements (for example, tax or commercial retention requirements). In this case, we restrict further data processing to this purpose and the legal basis for further processing.
38.) Contact for data protection
For questions regarding personal data in the app, the users can contact the person responsible for data protection, which is also available in the case of requests for information, suggestions or complaints.
Additions to the European Union In addition to the above provisions, the provisions of the General Data Protection Regulation of the European Union (DS-GVO) apply insofar as they apply. 39.) Affected rights As a person affected by data processing you have the right to information (Article 15 GDPR), correction (Article 16 GDPR), data deletion (Article 17 GDPR), limitation of processing (Article 18 DS-GVO) and data portability (Article 20 DS-GVO). 40.) Right to You have the right at any time, for reasons arising from your particular situation, to prevent the processing of personal data relating to you, which is based on Art. 6 para. 1E / DS-GVO (data processing in the public interest) or Art. 6 para. 1F / DS-GVO (data processing based on a balance of interests) takes place, objecting. If you object, your personal data will only be processed if we can prove compelling legitimate reasons that outweigh your interests, rights and freedoms or the processing of the assertion, exercise or defense of legal claims. 41.) Complaint If you believe that the processing of your personal data violates legal requirements, you have the right to complain to a competent data protection supervisory authority (Art. 77 DS-GVO). Updating these privacy policies We reserve the right, from time to time, to adapt these data protection regulations appropriately for the future, for example due to changed circumstances and technical developments. We will inform you in an appropriate manner about not only insignificant changes within a reasonable period in advance, but also point out your rights in connection with the change. Data protection Privacy Policy Mora-Net GmbH is pleased about your interest in this app. Protecting your privacy as a user of the app is very important to us. Below we inform you about the handling of personal data in connection with the app. "Personal Data" means any information relating to an identified or identifiable natural person. Overall, our handling of personal data is governed by our privacy policy. 42.) Responsibility For purposes of this privacy policy, the terms "publisher" or "we" are used, whether the publisher is the sole contracting party of the EULA (Part I of the Terms of Use) or a different provider is named "provider". Data protection law is responsible in the case of the provider, otherwise the publisher. Scope and purpose of data processing 43.) Data Categories We process personal data of the user, which the user enters during registration and use of the app, data released by him for processing on the device, as well as data in connection with the use of the app from the following categories: location, camera, phone, contacts , Storage The transfer of such data is neither legally nor contractually required or required for the conclusion of a contract. The user is not obliged to provide such data. The user can deactivate and reactivate the transfer at any time via the native smartphone settings under Privacy (iOS) or Apps (Android). However, if such data is not left to you, this may result in the app not functioning or being able to be used or being used only to a limited extent. Purposes of data processing We process the data presented above in accordance with the applicable data protection laws. The data processing takes place for the following purposes: 44.) Treaty Implementation We process personal data for the implementation of the contract with you for the use of the app (provision of the app and its functionalities) in each case to the extent necessary. In principle, we delete the personal data as soon as further processing is no longer required for the purpose of implementing the contract. Further storage or processing shall only take place in accordance with Section 7. 45.) Consent to data processing Insofar as you have given us consent to the processing of personal data for further purposes (for example, for the purpose of evaluating usage data, see Section 4), this data processing will be based on this consent. Consents are always voluntary and can be revoked at any time. You can also declare your consent by e-mail to rwilde@mora-net.de.com. Your revocation does not affect the legality of the data processing carried out up to the revocation on the basis of the consent. Likewise, further processing of this data on the basis of another legal basis, such as the fulfillment of legal obligations (see d)), remains unaffected. 46.) Pursuit of legitimate interests If necessary, we process your personal data beyond the fulfillment of the contract in order to protect legitimate interests of the publisher or third parties. Maintaining the functionality and security of our IT systems are such legitimate interests. In principle, we will delete this personal data as soon as further processing or storage is no longer necessary to safeguard the respective legitimate interests pursued. Further storage or processing shall only take place in accordance with Section 7. 47.) Fulfillment of legal requirements As a company, we are subject to legal obligations and requirements, such as commercial and tax-related retention requirements. We process personal data of the user therefore also, as far as this is necessary for the fulfillment of legal obligations. We disclose personal data of a user only in the presence of a legal obligation to regulatory and law enforcement agencies. Cookies The app uses cookies and similar technologies such as HTML5 Storage (hereinafter referred to as "cookies") to make the app optimal. This allows easier navigation and a high degree of usability of the app. Cookies are small files that are stored on your device. These can be used to determine if your device has already communicated with us. Only the cookie on your device is identified. Personal data may be stored in cookies if you have given consent or if this is technically essential for the performance of the contract, e.g. to allow a protected login. If you use our app, you agree to the use and storage of cookies on your device. You can revoke your consent to the use and storage of cookies at any time by uninstalling the app. 48.) Evaluation of usage data If you have consented to the evaluation of usage data by activating the feature, we will evaluate the usage data of the app in order to recognize preferences and further develop the app. In this way, the app can be tailored more specifically to the needs of the users and thus the offer can be improved. You can revoke your consent to the evaluation of usage data at any time by deactivating the function by / under the profile settings (App -> Profile -> Settings -> App usage) and granting it again by reactivating it. If cookies are used for the evaluation, their use will be discontinued if you deactivate the evaluation function. 49.) Push messages If you have agreed to receive push messages the first time you launch the app, or later by activating the feature, you will receive push messages to your device about traffic, vehicle status, last mile navigation or me news notifications. The push messages can be deactivated and / or reactivated at any time by / under the profile or vehicle settings. Recipient of personal data 50.) Transfer to third parties If services are used by service providers and other third parties within the framework of the app, we pass on personal data of the user to them. This is only to the extent necessary for the provision and use of the App and its functionalities, if you have previously consented to the transfer. The service providers are carefully selected and regularly monitored by us, in particular with regard to the careful handling and protection of their personal data. All service providers are obliged by us to confidentiality and compliance with legal requirements. 51.) Data recipients in third countries Personal data of the user are transmitted by us within the following framework to recipients in countries outside the EU / EEA: USA 52.) State institutions or authorities Transfers of personal data to state institutions and authorities are only possible within the framework of mandatory legal provisions. Storage duration and deletion We store and process your personal data only as long as this is necessary for the respective purpose (see section 2.2). In addition, storage and processing shall only take place to the extent that this is permitted for another purpose in accordance with Number 2.2, for example to fulfill legal requirements (for example, tax or commercial retention requirements). In this case, we restrict further data processing to this purpose and the legal basis for further processing.
Contact for data protection
For questions regarding the processing of personal data in the app, users can contact the data protection officer of Mora-Net GmbH, Prof. Dr. med. Ralf Wilde, contact:
Mora-Net GmbH
Am Nesseufer 34
26789 Leer
Germany
Tel: + 49 172 231 5432
Legal Notice
53.) Copyright
Copyright 2019, Mora-Net GmbH. All rights reserved.
All texts, images, graphics, sound, video and animation files as well as their arrangements are subject to copyright and other laws for the protection of intellectual property. They may not be copied, modified or used on or in other web sites, apps or other digital content (hereinafter referred to as "Digital Offers") for trading or distribution purposes. Some Mora-Net Digital Offers also contain material that is copyrighted by those who have made it available.
54.) Liability
The information and information contained in this Digital Offering are not an assurance or guarantee, either express or implied. In particular, they do not constitute an implied warranty or guarantee with respect to their quality, merchantability, fitness for a particular purpose, or non-infringement of laws and patents.
In our digital offers you will also find links to other sites on the Internet. We would like to point out that we have no influence on the design and content of the linked sites. Therefore, we can not guarantee the topicality, correctness, completeness or quality of the information provided there. Against this background, we dissociate ourselves from all contents of these pages. This declaration applies to all links to external pages and their contents contained in our digital offers.
55.) Ranking
Terms of Use for a Digital Offering take precedence over these legal notices.
56.) Information on online dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr
Copyright 2019 - 2019 MORA-Net GmbH. All rights reserved.
01. May 2019
Signed by Prof. Dr. R. Wilde