IB SYSTEMS

General terms and conditions
of IB Systems GmbH

1. Scope

The following terms and conditions shall apply to all our offers and services and shall also be deemed agreed for all subsequent transactions upon acceptance of the order by us. Foreign terms and conditions shall not be valid. Regulations which amend or cancel these terms and conditions shall only be valid if we have confirmed them in writing. Counter-confirmations of the business partners with reference to their GTC are herewith contradicted, this also applies to the form-related reference to their own GTC. We reserve the right to change these terms and conditions in a reasonable manner.

2. Offer and conclusion of contract

Our offers are always subject to change. We shall be bound by our offer prices for a maximum period of 4 weeks until the order is placed. In case of doubt, an effective contract is only concluded with and in any case only according to the conditions and contents of our written order confirmation, if such a confirmation is issued. Quoted prices are not offers and only become the basis of the contract if the order is confirmed in writing. Offers including attachments may not be made accessible to third parties without our consent.

3. Scope of the order

The object of the order is the agreed activity designated in the contract, but not the achievement of a specific economic success. Data supplied by third parties or by the client shall only be checked by us for plausibility. Unless otherwise agreed, we may use expert subcontractors for the execution of the order. Orders of the client must be sent to us in written form.

4. Changes in the scope of services

Verbal agreements and ancillary agreements as well as subsequent changes to the agreed content of the contract must be made in writing to be effective and must always be confirmed by us in writing. For all additional services commissioned by the client, we shall charge the appropriate remuneration in accordance with our currently valid price lists. Insofar as costs are continuous items charged to us by third parties, we shall be entitled to pass on to our clients any price increases charged to us by third parties. The prices are net prices without freight and without discounts exclusive of the applicable statutory value added tax.

5. Cooperation obligations of the customer

The client is obliged to support us to the best of his ability and to create all necessary conditions for the proper execution of the order. In particular, the Client shall provide us with all information, materials and documents that are necessary or significant for the execution of the order in a timely manner, i.e. within request deadlines set by the Contractor. Proposals made by the client or his other cooperation shall have no influence on the amount of remuneration. The Principal authorizes us to conclude contracts for services which we ourselves procure from third parties in the name and for the account of the Principal. At our request, the client shall provide print releases and releases for corrections.

6. Services and delay

We are entitled to fulfill our performance obligations in partial performances or partial deliveries. In the event of delays in performance or delivery, claims for damages shall be governed exclusively by the provisions of §12 (exclusion of liability). In the event of culpable failure to meet an agreed performance or delivery deadline, default shall only be deemed to have occurred after a reasonable grace period has been set.

7. Prices and terms of payment

The fee for the contractor's services is either calculated according to the time spent on the activity, or agreed as a fixed price. Unless otherwise agreed, we are entitled to reimbursement of expenses in addition to the fee. Details of the method of payment shall be regulated in the contract. If invoicing is based on a time-based fee, we shall be entitled to issue invoices at reasonable intervals according to the amount of work performed and expenses incurred. Additional work required, such as reworking and ancillary services, will be invoiced separately at our current hourly rate. Our prices are net prices in EURO excluding the applicable statutory value-added tax. The granting of discounts or other deductions is excluded. Unless otherwise agreed in writing, payment for our services shall be made by bank transfer or direct debit within 14 days of invoicing. If the customer is in default of payment, we are entitled to charge interest on arrears at a rate of 3% (in words: 3 of one hundred) above the respective discount rate of the Deutsche Bundesbank as of the occurrence of the default. Place of performance for all deliveries is the office of IB Systems GmbH. Agreements to the contrary are to be recorded in writing.

8. Protection of intellectual property

Insofar as work results are copyrightable, we as the producer shall remain the copyright holder. In these cases, the client shall only receive the revocable, exclusive and non-transferable right of use to the work results, which is restricted by us and otherwise limited in terms of time and place, unless otherwise agreed in the contract. IB Systems GmbH reserves the right to archive work and drafts and to use them as reference. The client has the right to be named as the author (on the reproductions/on the website).

9. Colors, image patterns and illustrations

We expressly point out that screen colors (RGB) differ from printing colors (CMYK) on different media (e.g. paper, fabrics, foils, banners, etc.). In case of color deviations, return or exchange is excluded. This is known and carried out to the same extent in the entire printing industry. To avoid this, it is possible to order a color-binding proof in advance for an additional charge.

10. Copyright and trademark rights

The Client declares that it is in possession of the copyright and/or trademark rights required for the services it has commissioned or, if it is not itself the copyright and/or trademark owner, that it has obtained permission from the copyright and/or trademark owner to use the illustrations, trademarks and/or brand names. The Contractor shall not check whether the Client is in possession of the copyrights and trademark rights required for the services to be provided. Liability towards third parties with regard to copyright and/or trademark claims is therefore excluded for the services commissioned. Should the services commissioned violate copyright and/or trademark law, the Client shall be responsible for this.

11. Warranty

We shall only assume warranty for our services in accordance with the following provisions and only vis-à-vis the customer as the first purchaser. The assignment of warranty claims to third parties is excluded. Claims for damages of any kind whatsoever shall be excluded as a matter of principle. In the event of justified defects for which we are responsible, the customer is obliged to notify us in writing within 14 days of receipt of the service. In doing so, a precise description of the defects is binding. In the justified case of a defect, we will, at our discretion, rectify the defect free of charge. Further claims of the customer are excluded altogether with the exception of intent and gross negligence. The liability of the contractor according to the product liability law remains unaffected. Contractual penalties shall not be recognized.

12. Disclaimer

Due to breach of contractual or non-contractual obligations, in particular due to impossibility or delay, we shall be liable for us and our vicarious agents only in cases of intent and gross negligence. The liability is limited according to paragraph 1 to the contract-typical damage foreseeable at the time of conclusion of the contract. Insofar as we ourselves procure services from third parties which we pass on to our clients, we shall not be liable for their fault.

13. Data protection and confidentiality

IB Systems GmbH undertakes to maintain secrecy about all operational matters of the client of which it gains knowledge in the course of the performance of the contract and not to disclose confidential information to third parties. The client gives his consent to us storing data transmitted by him. Pursuant to Section 33 (1) of the German Federal Data Protection Act (BDSG), the Client is hereby informed that we process personal data in machine-readable form and for tasks arising from the contract. If the client provides address data, the provisions of data protection law shall apply.

14. Severability clause

Should individual provisions of these terms and conditions or the other contractual components be or become invalid, the remaining provisions shall remain valid. The contracting parties undertake to replace invalid provisions with valid provisions that are as close as possible in economic terms to the invalid ones.

15. Jurisdiction and applicable law

The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, in particular excluding the UN Convention on Contracts for the International Sale of Goods and international private law. The exclusive place of jurisdiction for all contractual claims or claims in connection with this contract shall be Memmingen, Germany, provided that the customer is a merchant; however, IB Systems shall also be entitled to sue the customer at its place of business. Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.

State 29.07.2016

Privacy policy

General notice and mandatory information

We, IB Systems GmbH, take the protection of your personal data very seriously and adhere strictly to the rules of data protection laws. Personal data is only collected on this website to the extent technically necessary.

The following statement gives you an overview of how we ensure this protection and what kind of data is collected for what purpose.

Designation of the responsible body

The responsible body for data processing on this website is:

IB Systems GmbH
Igor Mikulina
Messerschmittstraße 10
86825 Bad Wörishofen

The controller decides alone or jointly with others on the purposes and means of the processing of personal data (e.g. names, contact details, etc.).

Revocation of your consent to data processing

Some data processing operations are only possible with your express consent. A revocation of your already given consent is possible at any time. An informal communication by e-mail is sufficient for the revocation. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to complain to the competent supervisory authority

As a data subject, you have the right to lodge a complaint with the competent supervisory authority in the event of a breach of data protection law. The competent supervisory authority for data protection issues is the state data protection commissioner of the federal state in which our company is located. The following link provides a list of data protection officers and their contact details: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to third parties. The data will be provided in a machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Right to information, correction, blocking, deletion

Within the scope of the applicable legal provisions, you have the right at any time to free information about your stored personal data, the origin of the data, their recipients and the purpose of data processing and, if applicable, a right to correction, blocking or deletion of this data. In this regard and also for further questions on the subject of personal data, you can contact us at any time via the contact options listed in the imprint.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content that you send to us as the site operator, our website uses SSL or TLS encryption. This means that data that you transmit via this website cannot be read by third parties. You can recognize an encrypted connection by the "https://" address line of your browser and the lock symbol in the browser line.

Server log files

In server log files, the provider of the website automatically collects and stores information that your browser automatically transmits to us. These are:

• Browser type and version
• Operating system used
• Referrer URL (the previously visited page)
• Host name of the accessing computer
• Time of the server request
• IP address

This data is not merged with other data sources. The basis of the data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

Data transmission upon conclusion of the contract for the purchase and shipment of goods

Personal data will only be transmitted to third parties if this is necessary for the execution of the contract. Third parties can be, for example, payment service providers or logistics companies. A further transmission of data does not take place or only if you have expressly consented to this.

The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

Registration on this website

To use certain functions, you can register on our website. The transmitted data is used exclusively for the purpose of using the respective offer or service. Mandatory information requested during registration must be provided in full. Otherwise, we will reject the registration.

In case of important changes, for example for technical reasons, we will inform you by e-mail. The e-mail will be sent to the address that was specified during registration.

The processing of the data entered during registration is based on your consent (Art. 6 para. 1 lit. a DSGVO). A revocation of your already given consent is possible at any time. An informal communication by e-mail is sufficient for the revocation. The legality of the data processing already carried out remains unaffected by the revocation.

We store the data collected during registration for the period you are registered on our website. Your data will be deleted if you cancel your registration. Legal retention periods remain unaffected.

Contact form

Data transmitted via the contact form, including your contact details, will be stored in order to process your inquiry or to be available for follow-up questions. This data will not be passed on without your consent.

The processing of the data entered in the contact form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). A revocation of your already given consent is possible at any time. An informal communication by e-mail is sufficient for the revocation. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

Data transmitted via the contact form will remain with us until you request us to delete it, revoke your consent to store it, or there is no longer any need to store the data. Mandatory legal provisions - in particular retention periods - remain unaffected.

YouTube

For integration and display of video content, our website uses plugins from Y-ouTube. The provider of the video portal is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.

When a page with an integrated YouTube plugin is called up, a connection to the YouTube servers is established. This tells YouTube which of our pages you have accessed.

YouTube can assign your surfing behavior directly to your personal profile if you are logged into your YouTube account. You have the option to prevent this by logging out beforehand.

YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

Details on the handling of user data can be found in YouTube's privacy policy at: https://www.google.de/intl/de/policies/privacy.

Cookies

Our website uses cookies. These are small text files that your web browser stores on your terminal device. Cookies help us to make our offer more user-friendly, effective and secure.

Some cookies are "session cookies." Such cookies are deleted automatically at the end of your browser session. On the other hand, other cookies remain on your terminal device until you delete them yourself. Such cookies help us to recognize you when you return to our website.

With a modern web browser, you can monitor, restrict or prevent the setting of cookies. Many web browsers can be configured so that cookies are deleted automatically when the program is closed. The deactivation of cookies may result in limited functionality of our website.

The setting of cookies, which are necessary for the exercise of electronic communication processes or the provision of certain functions desired by you (e.g. shopping cart), is based on Art. 6 para. 1 lit. f DSGVO. As the operator of this website, we have a legitimate interest in storing cookies for the technically error-free and smooth provision of our services. If other cookies are set (e.g. for analysis functions), these are treated separately in this privacy policy.

Google Analytics

Our website uses functions of the web analysis service Google Analytics. The provider of the web analytics service is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses "cookies." These are small text files that your web browser stores on your terminal device and enable an analysis of website usage. Information generated by cookies about your use of our website is transmitted to a Google server and stored there. The server is usually located in the USA.

The setting of Google Analytics cookies is based on Art. 6 (1) lit. f DSGVO. As the operator of this website, we have a legitimate interest in analyzing user behavior in order to optimize our website and possibly also advertising.

IP anonymization

We use Google Analytics in conjunction with the IP anonymization function. It ensures that Google shortens your IP address within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission to the USA. There may be exceptional cases in which Google transfers the full IP address to a server in the USA and shortens it there. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to us. The IP address transmitted by Google Analytics is not merged with other Google data.

Browser Plugin

The setting of cookies by your web browser can be prevented. However, some functions of our website may be restricted as a result. You can also prevent the collection of data relating to your website use, including your IP address and subsequent processing by Google. This is possible by downloading and installing the browser plugin available via the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to the data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set that prevents the collection of your data during future visits to our website: Disable Google Analytics.

Details on the handling of user data at Google Analytics can be found in Google's data protection declaration.: https://support.google.com/analytics/answer/6004245?hl=de.

Job processing

In order to fully comply with the legal data protection requirements, we have concluded an order processing agreement with Google.

Demographic characteristics in Google Analytics

Our website uses the "demographic characteristics" function of Google Analytics. It can be used to create reports that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. It is not possible to assign the data to a specific person. You can deactivate this function at any time. This is possible via the ad settings in your Google account or by generally prohibiting the collection of your data by Google Analytics, as explained in the item "Objection to data collection".

Twitter Plugin

Our website uses functions of the Twitter service. The provider is Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

When using Twitter and the "Re-Tweet" function, websites you visit are linked to your Twitter account and published in your Twitter feed. Thereby a transmission of data to Twitter takes place. We have no knowledge of the content of the transmitted data or the use of this data by Twitter. Details can be found in the privacy policy of Twitter.: https://twitter.com/privacy.

You can change your privacy settings on Twitter: https://twitter.com/account/settings.

Please send any inquiries (or a revocation regarding the use of data) in writing or by e-mail to our address below.

This privacy policy applies only to content on our servers and does not cover websites linked to our site.

IB Systems GmbH
Messerschmittstraße 10
86825 Bad Wörishofen