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Legal Notice

German Industrial Practices Interest Group (Interessensgemeinschaft Regelwerke Technik, IGR) e.V.

Industriepark Höchst
Building D 681
65926 Frankfurt am Main
Germany

Representative of the Executive Committee:
Dr. Werner Sievers

Industriepark Höchst
Gebäude D 681
65926 Frankfurt am Main
Germany

Phone: 0049-69-305-82416
E-Mail: office@igrtechnik.de

Further members of the executive committee: Dr Hans-Jürgen Henkel, Dr Uwe Bäumler, Karl-Ludwig Elfira Blumenthal, Elisabeth Maria Wächter-Schäper and Dr Manuel Scholz, address see above.

Responsibility for the content of this website according to Art. 55 (2) RStV (German Inter-Länder Broadcasting Treaty) rests with: Dr. Werner Sievers

Entered in the register of associations at Frankfurt am Main local court: VR 13745
VAT identification number: DE255209693

Director of IGR Office: Martin Rauser

Interessengemeinschaft Regelwerke Technik e.V.
Industriepark Höchst, Gebäude D 681
65926 Frankfurt am Main

Phone: 0049-69-305-82416
E-Mail: office@igrtechnik.de


Copyright

The content and works on these web pages created by the provider of this website are protected under German copyright law. Any reproduction, editing or distribution and all types of use outside the boundaries of German copyright law are subject to written approval from the respective author and/or owner. Downloads and copies of this page are permitted for private use only. Downloads and copies of this page for commercial uses are prohibited. We hereby expressly object to any use of the contact details published in compliance with the general information requirements of the German E-commerce Regulations (Impressumspflicht) for the purpose of sending unsolicited advertising or information material. Where this website uses content not prepared by the provider of this website, such use respects the copyrights of the relevant third parties.

Soweit die Inhalte auf dieser Seite nicht vom Betreiber erstellt wurden, werden die Urheberrechte Dritter beachtet.


General Terms and Conditions of Use

The English version is a translation of the German original. In cases of doubt the German version will prevale. As at: (May 2018)

1. Scope

1.1 Use of these web pages (hereinafter “IGR website”) provided by IGR Interessensgemeinschaft Regelwerke Technik (IGR) e. V. (hereinafter referred to as “IGR”, “we” or “us”) is only permissible under the following terms and conditions. In individual cases, these General Terms and Conditions of Use may also be completed, modified or replaced by further conditions, e.g. for the purchase of products or services.

1.2 By logging in to this website, or – if a separate log-in is not required- – when starting to use this website, users accept these Terms and Conditions of Use as amended.

2. Services

2.1 IGR provides certain information and software on the IGR website including, where appropriate, documentation for viewing or downloading.

2.2 IGR maintains an expert network and provides access to this network in the member portal of its website. The expert network is used exclusively to fulfil the purpose of the association, namely to exchange ideas and experience concerning technical codes and standards and to ensure compliance therewith. IGR services do not include advisory services provided by the members’ expert network.

2.3 IGR is entitled to discontinue the operation of the IGR website at any time in full or in part. Due to the intrinsic nature of the internet and computer systems, IGR assumes no liability for the uninterrupted availability of the IGR website.

3. Registration, password, security

3.1 Some pages of the IGR website may be password-protected. These pages can only be accessed by registered users. Users have no automatic entitlement to registration. IGR particularly reserves the right to extend the registration requirement to web pages that were previously freely accessible. IGR can revoke access authorisations at any time by blocking the log-in data without having to give reasons. This applies in particular if users have provided false data on registration, breached these general terms and conditions or their duty of care regarding their log-in data, violated applicable law when accessing or using the IGR website, or have not used the IGR website over a long period.

3.2 If registration is intended, users are obligated to provide truthful information for registration and to inform IGR without delay (online if necessary) of any later changes. Users will take steps to ensure that any email sent to the addresses provided by them reaches them.

3.3 Following registration, users will be provided with a username and password (hereinafter “user data”).

3.4 Users will take steps to ensure that their user data cannot be accessed by third parties. They are liable for all activities taking place under these user data, including all orders placed. Users must log out of the password-protected area after each use of the portal. Users shall inform IGR without delay should they become aware of any misuse of the user data by third parties. Following receipt of the information set forth in Section 3.4 above, IGR will block these user data or change the login to the password protected areas.

3.5 Users can demand cancellation of their registration at any time. In this case, IGR will erase all user data and all other stored personal data of users unless such data must be maintained for performing a legal or contractual obligation (including the purpose of the IGR statutes) or for the pursuit of legitimate interests (e.g. documentation to defend IGR against claims), or is covered by the consent of the data subject.

3.6 In addition to the above, we refer to IGR’s Data Privacy Statement.

4. Participation in the expert network

4.1 Following assignment by IGR member companies of employees, freelance employees or other persons related to IGR members (hereinafter “employees of member companies”), experts can join the expert network of IGR Interessengemeinschaft Regelwerke Technik (IGR) e.V. IGR member companies guarantee the qualification and suitability of the assigned experts. Experts verify their qualification and suitability independently. IGR must be notified of any lack of qualification or suitability.

4.2 IGR collects, stores, processes and uses the following personal data of experts:

  • Name, first name, title
  • Business postal address
  • Business email address
  • Business telephone numbers
  • Business fax numbers
  • Experts’ memberships and functions in internal and external IGR committees and, in as far as relevant for IGR, the history of their memberships and functions in these committees

While there is no legal obligation for experts to provide these data, the data are needed for listing the expert in the network of experts. The member company assigning the expert ensures that the data is up to date. Experts independently verify that their data is up to date. IGR must be notified of any changes.

4.3 These data are collected to:

  • be included in a list of experts
  • make them accessible to all members of the association and members of the expert list in the member portal of the IGR website
  • correspond with you
  • identify you as a representative of the member company
  • ensure and strengthen compliance with other purposes of the association.

4.4 Data processing is carried out on the basis of Art. 6 (1) lit. b General Data Protection Regulation (GDPR) in as far as necessary for the purpose of the association, or alternatively according to Art. 6 (1) lit. f GDPR, given its necessity for the overriding legitimate interest pursued by the association, in particular the exchange of ideas and experience on, and the guarantee of, technical rules and standards.

4.5 Experts can object to the processing of their personal data at any time. In this case, IGR Interessengemeinschaft Regelwerke Technik (IGR) e. V. will remove the expert from the expert network. Unless there are grounds for storing the personal data as set forth in Section 4.6 above, IGR will erase all personal data following such objection. If there are grounds for storing these data, IGR will establish safeguards to block the data.

4.6 As a matter of principle, data will only be processed and stored for as long as required for the purposes set forth under 4.3 above; the expert is employed by a member company; and the respective member company has not terminated its membership of IGR. Experts and member companies must notify IGR of any changes.

Data storage for a longer period is considered where such storage is necessary to fulfil a legal or contractual obligation (including the IGR’s statutory purpose) or for the pursuit of legitimate interests (e.g. documentation to defend IGR against claims) or in case the data subject has granted consent.

4.7 Experts undertake to use the list of experts and other data collected and disclosed to the experts within the scope of the association’s statutory purpose exclusively for purposes compatible with the association’s statutory purpose. In particular, personal data must not be shared with, or handed over for use to, third parties not associated with the IGR’s purpose. Experts must comply with the data privacy regulations as set forth in Section 7 hereunder.

4.8 In addition to the above, we hereby refer to our Data Privacy Statement.

4.9 The member company delegating the expert ensures compliance with the obligations of experts as set forth in the above provisions.

5. Rights to use information, software and documentation

5.1 Use of the information, software and documentation provided on the IGR website is subject to these terms and conditions or, in case of the updating of information, software or documentation, the relevant licence conditions agreed with IGR in the past. Any separately agreed licence conditions prevail over these general terms and conditions.

5.2 IGR grants users the non-exclusive non-transferable right to use the information, software and documentation provided on the IGR website to the extent agreed or, if no agreement has been made, to the extent corresponding to the purpose pursued by IGR in providing and handing over such information.

5.3 Users may not, at any time, distribute, lease out or otherwise surrender to any third parties information, software or documentation beyond the purpose of the association.

5.4 Unless otherwise permitted by mandatory legal provisions, users must not change, reverse-engineer or retranslate software or its documentation or extract any parts thereof. Users may prepare a backup of the software, provided such a backup is necessary to safeguard the future use of the software on the basis of these terms and conditions.

6. Intellectual property

Irrespective of the special provisions in Section 5 hereunder, no information or other content of the IGR website may be sold.

7. Data Protection

7.1 Users guarantee to uphold an appropriate level of data security and to comply with all applicable provisions for the protection of personal data.

7.2 Processing of personal data is prohibited as a matter of principle unless permitted explicitly by legal norm. Under the General Data Protection Regulation (GDPR), the processing of personal data is always lawful in the following cases:

  • In case of an existing contractual relationship with the data subject;
  • Within the course of steps taken at the request of the data subject prior to entering into a contract and within the course of performance of a contract;
  • On the basis of the consent of the data subject concerned;
  • For compliance with a legal obligation to which the company is subject;
  • On the basis of legitimate interests, provided the data subject’s interests or fundamental rights and freedoms are not overriding. However, data processing on the basis of legitimate interests should only be carried out after prior consultation of the data protection officer (DPO).

7.3 Personal data shall only be processed for pre-defined, clear and legitimate purposes. Users will not process any data collected and provided to them by IGR for the purpose of the association for any other purposes. Storing data without a specific purpose, e.g. the retention of data, is not permitted.

Change of the original objective and purpose underlying data processing – in addition to the data subject’s declared consent – is only permitted if the changed purpose of processing is compatible with the original purpose. In this context, consideration must be given to the reasonable expectations of the data subject towards the company regarding such processing, the type of the data used, the consequences for the data subjects and the possibilities of encryption or pseudonymisation.

Use of data made available by IGR for advertising purposes is not permitted.

7.4 On collection of personal data, data subjects must be informed in detail about the processing and handling of their data. Such information must cover the purpose, the identity of the controller and the recipients of the data subject’s personal data and all other information as set forth in Art. 13 GDPR in order to ensure fair and transparent processing. Information shall be provided in an easily understandable and accessible form and in language that is as simple as possible.

If personal data have not been obtained directly from data subjects, data subjects must be informed subsequently and in detail about the processing of their data in accordance with Art. 14 GDPR. The same applies to changes in the objectives and purposes of data processing.

7.5 Personal data must be factually correct and, if necessary, up to date. The scope of data processing should be necessary and relevant for the defined purpose. The respective technical department must ensure implementation of the above requirements by establishing the corresponding processes. Furthermore, existing data must be checked regularly to ensure they are correct, actually needed and up to date.

7.6 As a matter of principle, special categories of personal data may only be collected, processed or used on the basis of consent of the data subject or, by way of exception, with explicit legal permission. To ensure the protection of special categories of personal data, additional technological and organisational measures (e. g. encryption during transport, keeping authorisations to a minimum)) must be taken.

7.7 The transfer of personal data to third parties is only permitted on the basis of legal permission (see e.g. Section 7.2) or the consent of data subjects.

7.8 If the recipient of personal data is located outside the European Union or the European Economic Area, special measures must be taken to protect the rights and interests of the data subjects. Data transfer shall be avoided if no adequate level of data protection exists at the receiving organisation or if no such level can be established, for example on the basis of special contractual clauses.

7.9 Service providers that may access personal data must be carefully selected before placing an order. The selection process must be documented and should particularly include the following aspects:

  • Professional suitability of the contractor for the data processing in question
  • Technical and organisational data-security measures
  • Market experience of the service provider
  • Other aspects allowing conclusions to be drawn as to the service provider’s reliability (data protection documentation, willingness to cooperate, response times, etc.)

If a service provider is to be commissioned to collect, process or use personal data, a contract for data processing must be concluded. This contract must regulate the aspects of data protection and IT security. Service providers must be checked at regular intervals to verify the existence of the contractually agreed technological and organisational measures.

7.10 Processing of personal data must be guided by the objective to keep the collection, processing and use of personal data to a minimum (“data minimisation”). The same applies to the selection and design of data processing systems. Data protection must be integrated into the specifications and architecture of data-processing systems from the outset in order to facilitate compliance with the principles of protection of privacy and personal data, including in particular the principle of data minimisation.

7.11 Users guarantee compliance with the rights of data subjects as set forth in Art. 12 – 22 GDPR

7.12 Availability, confidentiality and integrity of data

Users will maintain the availability, confidentiality and integrity of data and will, to this end, establish appropriate technical and organisational measures to ensure data protection, taking into account the state of the art. The unauthorised use of data processing systems must be prevented.

Access to personal data must be limited to individuals that need to know the respective data in order to fulfil their tasks (need-to-know principle). Access authorisations must be precise, fully defined and documented.

All data transferred via public networks shall be encrypted where possible. If required by the level of protection needed by special categories of personal data, encryption must be mandatory.

Personal data collected for different purposes shall be processed separately.

7.13 Data protection violations (“data breaches”) must be reported to Interessengemeinschaft Regelwerke Technik (IGR) e.V. without delay.

8. Hyperlinks

The IGR website may include hyperlinks to third-party websites. IGR assumes no responsibility for the content of these websites, nor endorses these websites and their content as its own, as IGR has no control over the linked information and thus cannot assume any responsibility for the content and information thereof. Use of this information is at the user’s own risk.

9. Malware

9.1 IGR always strives to keep the IGR website virus-free. However, IGR cannot guarantee freedom from malware. Prior to downloading information, software and documentation, users will take appropriate security provisions and use virus scanners for their own protection and to prevent viruses on the IGR website.

9.2 The provision in 9.1 above does not involve any change in the burden of proof to the disadvantage of users.

10. Liability

10.1 We accept liability for damages according to the legal provisions if users claim damages based on intent or gross negligence, including intent or gross negligence by one of our representatives or agents. IGR is only liable for damage reasonably foreseeable at the time except in cases of intentional violation of contract.

10.2 In cases of culpable breach of a material obligation, IGR accepts liability for damages according to the legal provisions. However, in this case too, liability for damages is restricted to damage reasonably foreseeable at the time. Culpable breach of a material obligation denotes breach of an obligation upon compliance with which users have relied on or were entitled to rely on. IGR accepts no liability in cases of simple negligence in breach of non-material contractual obligations.

10.3 The above restrictions of liability shall not apply to damage arising from injuries to life and limb or health, or cases of mandatory legal liability as set forth in the German Product Liability Act or assumption of a warranty.

10.4 Further claims for damages – irrespective of their legal grounds – shall be excluded. This also, and in particular, applies to claims for damages arising out of fault in conclusion of a contract (culpa in contrahendo), violation of other duties or tortious claims for compensation for damage to property according to Section 823 German Civil Code (BGB). The limitation of liability according to lit. a) and b) also applies in as far as users demand reimbursement of useless expenditure in lieu of performance instead of compensation for damage.

10.5 In as far as our liability for compensation for damage is excluded or restricted, such exclusion or restriction will also apply to the personal liability for damages by our employees, freelance employees, representatives and agents.

11. Statutory period of limitation

Any claims against IGR for breach of contract for which we are to blame and which do not concern claims for defects will come under statutes of limitation after expiry of one year. The start of the statutory period of limitation is governed by the legal provisions. Mandatory legal regulations concerning the statutory period of limitation, such as liability for intentional and grossly negligent action, injuries to life, limb and health, breach of material contractual obligations, liability under the German Product Liability Act and the provisions of the Consumer Goods Purchase Act, remain unaffected by the above provision.

12. General Provisions

12.1 Should one of the provisions of these terms and conditions be or become ineffective, this will not affect the effectiveness of the remaining terms and conditions or of the contract.

12.2 These terms and conditions of use are governed exclusively by the law of the Federal Republic of Germany. Application of the UN Convention on the International Sale of Goods will be excluded.

12.3 The place of performance for our services is the location of the association’s headquarters.

12.4 If the user is a registered business operator, the place of jurisdiction will be the location of the association’s headquarters; however, we will also be entitled to file a lawsuit against users at the local court of their headquarters or, in the case of natural persons, at the local court of their place of residence. The same applies to proceedings involving documents, bills of exchange and cheques.