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Privacy statement

We are pleased that you are visiting this homepage and would like to thank you for your interest in the offered services. The trust you have placed in us is very important for us and commits us to handle your data carefully and protect them against misuse.

We want you to feel safe and comfortable when you visit our website. Therefore, we take the protection of your personal data and their confidential handling very seriously. Thus we act in accordance with applicable legislation concerning the protection of personal data and data security.

The use of the websites of the company CSB System AG (in short: “CSB”) shall be possible in general without providing personal data. Provided that a data subject intends to use particular services of our company via our website, the processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as name, address, e-mail address or telephone number of a data subject shall always comply with the General Data Protection Regulation and the country-specific data protection regulations applicable to CSB. With this privacy statement our company wishes to inform the public about the kind, scope and purpose of the personal data collected, used and processed by us. Moreover, data subjects shall be informed by this Privacy Statement about the rights given to them.

CSB, as the controller responsible for the processing, has implemented numerous technical and organizational measures to assure most effectively the protection of the processed personal data. Nevertheless, web-based data transfers might be subject to security holes, which means that absolute protection cannot be assured.

1. Definitions

The privacy statement of CSB is based on the notions used by the European directive and regulation legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy statement should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this Privacy Statement, we use, inter alia, the following terms:

a) Personal data

Personal data means all information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient is a natural or legal person, public authority, agency or other body, to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller responsible for processing

Controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

CSB System AG

represented by the board,

which is represented by the chairman Dr. Peter Schimitzek

An Fürthenrode 9 – 15

52511 Geilenkirchen

Germany

Tel.: +49 2451 6250

E-mail: info@csb.com

3. Name and address of the data protection officer

The data protection officer of the controller responsible for processing is:

Andreas Schaps

c/o CSB System AG

An Fürthenrode 9 - 15

52511 Geilenkirchen

datenschutz@csb.com

Germany

Every data subject may directly contact our data protection officer at any time in the case of queries and suggestions.

4. Cookies

The websites of CSB use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows accessed websites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies CSB can provide the users with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The user of a website that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, cookies already set may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject disables the setting of cookies in the Internet browser used, it can happen that not all functions of our website can be used to the full extent.

5. Collection of general data and information (log files) when using the website

The website of CSB collects a series of general data and information when a data subject or automated system calls up the website. These general data and information are stored in the server log files. The following data may be collected

(1) The browser types and versions used,

(2) The operating system used by the accessing system,

(3) The website from which an accessing system reaches our website (so-called referrers),

(4) The sub-websites, which are driven via an accessing system on our website,

(5) The date and time of access to the website,

(6) An Internet protocol address (IP address),

(7) The Internet service provider of the accessing system,

(8) Data and information used in the event of attacks on our information technology systems.

When using these general data and information CSB does not draw any conclusions about the data subject. Rather, this information is needed to

(1) deliver the content of our website correctly,

(2) optimize the content of our website, as well as carry out advertising and marketing campaigns,

(3) ensure the long-term viability of our information technology systems and website technology, as well as

(4) provide law enforcement authorities with the information necessary for criminal prosecution in the case of a cyber attack.

Therefore, CSB analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Registration on our website, use of contractual services and career portal

You may register in our website by providing personal data and use the services of CSB. The respective input mask used for the registration and in the framework of rendering the services determines the personal data transferred to us.

The personal data entered by the data subject shall be exclusively collected and stored for rendering the contractual services, for advertising and marketing campaigns, as well as for the internal use by the controller responsible for processing and internal purposes. We can initiate the disclosure to one or several processors who will also use the personal data exclusively for internal use to be assigned to us.

Furthermore, by registration in our website

(1) the IP address of the data subject assigned by the Internet Service Provider (ISP)

(2) the date, as well as

(3) the time of registration is stored.

These data are stored on the basis that this is the only way to prevent the misuse of our services, and these data enable the investigation of committed crimes, if necessary. In this respect the storage of these data is necessary for protecting the controller responsible for the processing. As a general rule, these data shall not be disclosed to a third party, unless there is a legal obligation to do so or the disclosure is for prosecution purposes.

The registration of the data subject by the voluntary indication of personal data is for offering the data subject contents or services which may only be offered to registered users due to the nature of things. Registered users shall be free to amend personal data entered into with the registration or have these entirely deleted from our data stock at any time.

The personal data transferred in the framework of an application will be used by CSB exclusively for the processing of the application for the advertised position. Only those persons involved in the application process shall become aware of the data. All staff members entrusted with data processing shall be obliged to keep the data confidential. A profile is created on the applicant portal of CSB when an application is made. The application will be stored there for the term of three years following the application process for other job advertisements. This portal can be accessed by all companies belonging to the CSB Group.

At any time upon request we will inform every data subject about the personal data of the data subject that have been stored. Moreover, we will correct or delete personal data and applicant profiles upon request or information by the data subject, provided that legal retention obligation does not object.

7. Subscription of our newsletter

In our website users are given the opportunity to subscribe to our company newsletter. The input mask used for this determines the personal data to be transferred to the controller responsible for processing when the newsletter is ordered. In the context of the registration process the consent of the user for processing the data is obtained and reference is made to this Privacy Statement.

CSB shall inform customers and business partners on a regular basis by means of a newsletter about company offers. As a general rule, data subjects can only receive the company newsletter if

(1) the data subject has a valid e-mail address and

(2) the data subject registers for the newsletter dispatch.

Due to legal reasons a one-time confirmation mail will be sent to the data subject’s e-mail address entered for the newsletter dispatch by double opt-in process. This confirmation e-mail shall be for verification that the owner of the e-mail address, as data subject, has authorized the receipt of the newsletter.

Along with the registration to the newsletter we also store

(1) the IP address of the data subject on the computer system used at the time of log-in, which were given by the Internet Service Provider (ISP), as well as

(2) the date and

(3) time of registration.

The collection of these data is necessary to track the (potential) misuse of the data subject’s e-mail address at a later time and shall be for legal protection of the controller responsible for processing.

The personal data collected in line with the newsletter registration shall be used for sending our newsletter and to carry out advertising and marketing campaigns. Furthermore, subscribers to the newsletter can be informed by e-mail, provided that this is necessary for operating the newsletter service or a registration in this respect. This might be the case if the newsletter offer or technical conditions are changed.

The data subject may cancel the newsletter subscription at any time. The consent to the storage of personal data granted by the data subject for sending the newsletter can be revoked at any time. To revoke the consent a corresponding link is incorporated in every newsletter. Moreover, there is the possibility to unsubscribe from the newsletter directly in the website of the controller responsible for processing or inform the controller responsible for processing otherwise.

8. Blog

In the context of our blog registered users can enter comments or other posts. Here, your IP address will be stored for seven days. This is for our protection if anyone enters comments or posts of unlawful content (insults, illegal political propaganda, etc.)

The subsequent comments can be subscribed to by the users with their consent. Users will receive a confirmation e-mail to verify that they are the owner of the entered e-mail address. Users may unsubscribe to ongoing comment subscriptions at any time. The confirmation e-mail will contain information on revocation possibilities.

9. Contact possibilities via the website

Due to legal provisions the website of CSB contains information enabling quick electronic contact to our enterprise, as well as direct communication with us. This also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts us by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller responsible for processing are stored for the purpose of processing the inquiry or contacting the data subject, as well as for carrying out advertising or marketing campaigns.

10. Routine deletion and blocking of personal data

We process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European directive and regulation legislator or other legislators in laws or regulations to which the controller responsible for processing is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European directive and regulation legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.

11. Rights of the data subject

a) Right to confirmation

Each data subject shall have the right granted by the European directive and regulation legislator to obtain from the controller responsible for processing the confirmation whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact any staff member or the controller responsible for processing.

b) Right of access

Each data subject affected by the processing of personal data shall have the right granted by the European directive and regulation legislator to obtain at any time and free of charge from the controller responsible for processing information about his or her personal data stored and a copy of this information. Furthermore, the European directive and regulation legislator has granted the data subject access to the following information:

the purposes of processing
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request the controller for rectification or deletion of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject: any available information as to their source
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and - at least in those cases - meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

Furthermore, the data subject shall have a right to obtain information as to whether personal data were transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact any employee of the controller responsible for processing.

c) Right to rectification

Each data subject shall have the right granted by the European directive and regulation legislator to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by providing a supplementary statement.

If a data subject wishes to avail himself or herself of this right of rectification, he or she may, at any time, contact any employee of the controller responsible for processing.

d) Right to deletion (“right to be forgotten”)

Each data subject shall have the right granted by the European directive and regulation legislator to obtain from the controller the deletion of personal data concerning him or her without undue delay, where one of the following grounds applies, insofar as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to Article 6(1) lit. a GDPR, or Article 9(2) lit. a GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the services offered by the information society referred to in Article 8(1) GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the deletion of personal data stored by CSB, he or she may, at any time, contact any employee of the controller responsible for processing. The CSB employee shall promptly ensure that the deletion request is complied with immediately.

Where CSB has made personal data public and our enterprise, as controller, is obliged pursuant to Article 17(1) GDPR to delete the personal data, CSB, in consideration of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other data controllers processing the personal data that the data subject has requested the deletion by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The CSB employee will arrange the necessary measures on a case-by-case basis.

The right to deletion shall not exist when processing is necessary

(1) for exercising the right of free expression and information;

(2) for compliance with a legal obligation requiring processing according to Union or Member State law the controller is subject to or for the performance of a task in the public interest or for exercising official authority to which the controller was delegated;

(3) for reasons of public interest in the public health sector pursuant to Art. 9(2) lit. h and i, as well as Art. 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, if and to the extent to which deletion would probably rule out or seriously impair the realization of the objectives of such processing, or

(5) for asserting, exercising or defending legal claims.

e) Right to restriction of processing

Each data subject shall have the right granted by the European directive and regulation legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the assertion, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned reasons applies, and a data subject wishes to request the restriction of personal data stored by CSB, he or she may, at any time, contact any employee of the controller responsible for processing. The CSB employee will arrange the restriction of processing.

f) Right to data portability

Each data subject shall have the right granted by the European directive and regulation legislator, to receive the personal data concerning him or her, which was provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data were provided, as long as the processing is based on consent pursuant to Art. 6(1) lit. a GDPR or Art. 9(2) lit. a GDPR, or on a contract pursuant to Art.6(1) lit. b GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of CSB.

g) Right to object

Each data subject shall at any time have the right granted by the European directive and regulation legislator to object, on grounds relating to his or her particular situation to the processing of personal data concerning him or her, which is based on Art. 6(1) lit. e or f GDPR. This also applies to profiling based on these provisions.

If you object to processing, your personal data will no longer be processed by CSB, unless we are able to prove compelling legitimate reasons for the processing that override the interests, rights and freedoms of the data subject or the processing is for asserting, exercise or defense of legal claims.

If CSB processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct advertising, CSB will no longer process the personal data for these purposes.

In addition, the data subject shall have the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by CSB for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact any employee of CSB or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European directive and regulation legislator not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or fulfilling a contract between the data subject and the controller, or (2) is authorized by legal provisions of Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or fulfilling a contract between the data subject and the controller, or (2) it is based on the data subject's explicit consent, CSB shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If a data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller responsible for processing.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European directive and regulation legislator to withdraw his or her consent to the processing of his or her personal data at any time.

If a data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller responsible for the processing.

j) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes upon GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

12. Data protection regulations as to the application and use of Google Analytics (with anonymization function)

The controller responsible for processing has integrated the Google Analytics component (with anonymization function) in this website. Google Analytics is a web analysis service. Web analysis is the acquisition, collection and evaluation of data on the behavior of visitors of websites. A web analysis service collects data from which website the data subject has accessed a website (so-called referrers), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is mainly used for optimizing a website and for the cost-benefit analysis of web marketing.

The operating company of the Google Analytics component is Google Inc. 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The controller responsible for processing uses the add-on “_gat._anonymizelp” for web analysis via Google Analytics. By means of this add-on the IP address of the connection to the Internet of the data subject is abbreviated by Google and anonymized, if our websites are accessed by a member state of the European Union or another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is the analysis of the flow of visitors of our website. Google uses inter alia the collected data and information to evaluate the use of our website, to compile online reports for us indicating the activities on our websites, and to render further services related to the use of our website.

Google Analytics sets a cookie into the IT system of the data subject. The meaning of cookies was already explained above. Via cookies Google is enabled to analyze the use of our website. Every single access to one of the individual pages of this website which is operated by the controller responsible for processing and into which a Google Analytics component has been integrated, the Internet browser in the IT-system of the data subject is automatically prompted by the respective Google Analytics component to transfer data to Google for the purpose of an online analysis. In the context of this technical process Google will obtain knowledge of personal data, such as the IP address or the data subject which serve to enable Google to trace the origin of the visitors and clicks and subsequently enable commission settlements.

By means of the cookie personal information, such as the time of access, the location from which the access was made and the access frequency of our website by the data subject will be stored. Every time our websites are accessed these personal data, including the IP address of the Internet connection of the data subject will be transferred to Google in the United States of America. These personal data are stored by Google in the United States of America. If need be, Google will disclose the personal data collected via the technical process to a third party.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent that Google sets a cookie in the IT system of the data subject. Moreover, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Moreover, the data subject shall be able to object to and prevent the collection of data generated by Google Analytics, related to the use of this website, as well the processing of these data by Google. For this the data subject must download and install a browser add-on via the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information as to accesses of websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the IT-system of the data subject is deleted, formatted or reinstalled at a later stage, the data subject must reinstall the browser add-on to disable Google Analytics. Provided that the browser add-on has been disabled or deactivated by the data subject or another person to be assigned to his or her sphere of influence, the browser add-on may be reinstalled or reactivated.

Further information and the applicable data protection regulations of Google can be retrieved under https://www.google.de/intl/de/policies/privacy/ and

http://www.google.com/analytics/terms/de.html. Google Analytics provides detailed information under this link https://www.google.com/intl/de_de/analytics/.

13. google +1 (Google Plus)

The plug-in “google+1” (Google Plus) has been integrated in the CSB website. This is provided and operated by Google Inc. It can be identified via the button with “+1” on a white background.

When accessing a website of the CSB web presence containing such a plug-in, the browser generally establishes a direct connection to the Google servers in the USA, which in turn will transfer the content of the plug-in to the browser of the data subject and be integrated by it into the displayed website. Hereby the information that the data subject has accessed the CSB website is forwarded to Google.

Provided that you are logged-in via your personal user account at Google Plus or Google while accessing our website, Google can assign the website access to this account. By interaction with plug-ins, e.g. by clicking the button or posting a comment this respective information is directly transferred to Google and stored there, If you wish to prevent such data transfer, you must log out from your Google Plus or Google account before accessing our website.

We have no control over the scope and content of the data Google will collect via the button. We assume that the IP address of the data subject is collected and transferred. Information on the purpose, scope and utilization of the data collection by Google Inc. can be gathered by the data subjects from the privacy notices of Google Inc. This website can be found under the URL http://www.google.com/intl/de/+/policy/+1button.html

14. Facebook plug-ins (“Like” button)

Our website uses plug-ins of Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. Facebook is a social network. The respective plug-in can be identified in the Facebook logo or the “Like” button. The total overview of all plug-ins by Facebook can be viewed under the following link: http://developers.facebook.com/docs/plugins

Once you access our website, the Facebook plug-in will establish a direct connection between your Internet browser and the Facebook servers. This way Facebook is informed that our website had been accessed by your IP address. If you have been logged in with Facebook, you may link the corresponding content contained in our website with your Facebook profile via the “Like” button. Facebook can then allocate your visit to our website to your Facebook account. We, as the provider of our website, will not be informed by Facebook about the content of the transferred data or the use of data. Further information can be had under the following link: http://de-de.facebook.com/policy.php

If you are member of Facebook, but do not want personal data transferred to Facebook and connected to your member data, you must log out from Facebook before accessing our website.

15. Twitter

Our website contains functions of Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA. If you use Twitter and in particular the function “Re-Tweet”, Twitter will link your Twitter account to the websites frequented by you. This will be disclosed to other Twitter users, in particular your followers. In doing so data are transferred to Twitter as well.

We, as the provider of our website, will not be informed by Twitter about the content of the transferred data or the use of data. Further information can be had under the following link: http://twitter.com/privacy

Please note that you can change your privacy settings at Twitter in the account settings there under http://twitter.com/account/settings.

16. YouTube

This website contains at least one plug-in of YouTube, belonging to Google Inc., USA. Once you access pages of our website equipped with a YouTube plug-in, a connection to the YouTube servers will be established. In this context the YouTube server will be informed what specific page of our website was accessed by you. If you logged in on your YouTube account as well, you would enable YouTube to allocate your browsing behavior directly to your personal profile. You can exclude this allocation possibility, if you log out from your account beforehand. Further information on the collection and use of your data by YouTube can be had in the privacy notes under www.youtube.com.

17. LinkedIn share buttons

You will find in our website plug-ins of the social network LinkedIn, respectively the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CS 94043, USA (hereinafter referred to as “LinkedIn”). You can identify the LinkedIn plug-ins through the respective logo or the “Recommend button” (“Recommend”). Please note that the plug-in will establish a connection between your respective Internet browser and the LinkedIn server. Thus, LinkedIn will be informed that our website had been accessed by your IP address. If you click on the “Recommend button” of LinkedIn and are logged in at the same time with your LinkedIn account, you may link content from our websites to your profile at the LinkedIn profile. In doing so, you enable LinkedIn to assign your access to our website to you or your user account. You have to know that we do not gain any knowledge of the content of the data transferred and their use by LinkedIn.

Further details on the collection of data and your legal opportunities, as well as setting options can be had at LinkedIn. These are provided under http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv.

18. XING

Our websites use the “Share button” by Xing. Therefore, when accessing this website via your browser a connection to the servers of XING AG, Gänsemarkt 43, 20354 Hamburg, Germany, will be established. Thereby the share functions (e.g. display of count) will be produced. Your personal data will not be stored when this website is accessed. In particular, no IP addresses will be stored by XING, nor will your usage behavior be evaluated. The current privacy information with regard to the “Share button”, as well as further relevant information in this context can be referred to under https://www.xing.com/app/share?op=data_protection.

19. Legal bases of processing

Art. 6 I lit. a GDPR shall be the legal basis for processing for which we obtain the consent for a certain processing purpose. If the processing of personal data for the performance of a contract the data subject is party to, as for instance with processing operations required for the supply of goods or rendering another service or return service, processing shall be based on Art. 6 I lit. b GDPR. The same shall be applicable for processing operations required for the performance of pre-contractual measures, for instance in the case of queries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as the compliance with tax duties, the processing shall be based on Art. 6 I lit. c. GDPR. In rare cases, processing of personal data may become necessary to protect vital interests of the data subject or another natural person. This would for instance be the case if a visitor is injured in our company and as a result his or her name, age, health insurance data or other vital information would have to be forwarded to a physician, hospital or another third party. Then the processing would be based on Art. 6 I lit. d GDPR. In the end the processing operations could be based on Art. 6 I lit. f GDPR. Processing operations not covered by any of the aforementioned legal grounds are based on this basis if the processing is necessary to protect a vital interest of our company or a third party, unless interests, fundamental rights and fundamental freedom of the data subject prevail. We are entitled to such processing operations because they are explicitly mentioned by the European legislator. In this regard the latter’s opinion was that a legitimate interest could be assumed, if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).

20. Legitimate interests in the processing pursued by the controller or a third party

If the processing or personal data is based on Article 6 I lit. f GDPR, our legitimate interest will be the performance of our business activities in favor of the welfare of our staff members and our shareholders.

21. Storage period of personal data

The criterion for the storage period of personal data shall be the respective legal retention period. Upon expiry of the period the respective data shall be routinely deleted, provided that they are no longer necessary for the performance of the contract or contract initiation.

22. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of a non-provision

We inform you that the provision of personal data is partly prescribed by law (e.g. tax regulations) or may be a result of contractual provisions (e.g. information on the contractual partner). From time to time it may be necessary for the conclusion of a contract that a data subject provides us with personal data which subsequently must be processed by us. The data subject shall be obliged to provide personal data, if our company enters into a contract with him or her. The non-provision of personal data would mean that the contract with the data subject cannot be concluded. Prior to the provision of personal data by the data subject the latter must contact one of our staff members. Our staff member informs the data subject on a case-by-case basis whether the provision of personal data is prescribed by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide personal data and what consequences would have to be expected if personal data are not provided.

23. Existence of automated decision-making

As a responsible company we waive automated decision-making or profiling.

General Delivery and Payment Terms and Conditions

General Delivery and Payment Terms and Conditions for the Purchase of Hardware and Software License as well as the Provision of Services

1. Subject Matter

These terms and conditions apply to any equipment or licensed software as well as services, supplied and/or rendered by CSB to Purchaser/Licensee now and in future, the quantity, exact designation, purchasing price, license fee, and other costs of which are to be derived exclusively from the order confirmations.

2. Offers

2.1 Offers are valid for up to twelve (12) weeks from the offer date. However, CSB reserves the right to written cancellation at any time. Should vendor conditions to CSB change during this or any other validity period, any expressly stipulated validity period is deemed invalid.

2.2 Documents relating to the offer (such as product fact sheets, sample documentation) remain the property of CSB and may not be reproduced or distributed to third parties without prior permission of CSB.

2.3 CSB shall own and retain all right and title and intellectual property rights inherent therein, to all offer documentation.

3. Conclusion of Contract

3.1 The Contract is effectively entered into upon signature of the product sheet or the delivery of ordered Hardware and/or Software and in case of Service upon performance of such service. Upon signature of the updated product sheets by CSB and/or the Purchaser/Licensee, these are valid as new offer and become integral part of the contract upon order confirmation only. Contract closing by means of a product sheet signed by both parties shall be deemed to be effective only if confirmed by an order confirmation signed by an authorized representative of CSB.

3.2 The product description of the hardware components are merely general product specifications. There is no claim for delivery of the specified hardware product. In the event that, upon signature of the product sheet, individual hardware components are no longer available, CSB shall be entitled to replace such components by ones of an equivalent nature. If the Purchaser/Licensee disagrees with the alternative delivery, partial cancellation is possible exclusively with reference to the components that cannot be delivered. CSB will provide Purchaser/Licensee with an updated order confirmation for the changed hardware components. Purchaser is aware of the fact that hardware manufacturers constantly add technical modifications to their products. In addition, Purchaser agrees that CSB shall deliver the products in the technical state of the art at the time of delivery.

3.3 An obligation of CSB to visualize business processes of the software previously used by the customer must be agreed in writing. There is no contractual obligation for the visualization of inquiries in the Business Process Management System.

4. Subject Matter and Licenses

4.1 Standard and Extended Standard Software are subject to leased license to Licensee according to the Terms and Conditions of Lease, provided that a valid lease contract under the terms and conditions is in place. Lease payment shall be effected either in the form of monthly license fees or in the form of a single license fee at the start of utilization. In the case of monthly payment, the lease shall terminate upon cancellation in accordance with the Terms and Conditions of Lease. The one-time license fee shall comprise the period of useful life expectancy of 5 years for the basic modules purchased in the original order; the license right for modules purchased in addition shall depend on the right of use of the basic modules and is subject to the facts of termination that apply to the basic modules.

4.2 If a software maintenance agreement is closed upon order closing according to the Software Maintenance Agreement Conditions, then the right of use of the supplied Software is subject to the existence of the Software Maintenance Agreement. However, the right of use shall exist for at least 5 years after contract closing. Furthermore, upon software maintenance agreement closing according to the maintenance agreement conditions, the Purchaser/Licensee acquires the right to opt for the purchase of an upgrade. In case an upgrade is acquired, the period of utilization is extended by five (5) years, provided that a software maintenance agreement is in place during this time. In the event that the licensee does not exercise the right to purchase an upgrade, CSB shall be entitled to terminate the Software Maintenance Agreement and the Software Lease Agreement and to terminate the right of use of the Purchaser/Licensee of the supplied Software. The above mentioned right to opt expires with the cancellation of the Software Maintenance Agreement.

4.3 CSB shall grant Licensee the non-exclusive and non-transferable (to third parties) right of internal use for all programs and their respective documentation. “Third parties” shall encompass also such parties that acquire the company of Licensee within the framework of a sale of property. Licensee shall be entitled to use the licensed programs on a data processing unit. “Use” shall encompass the full or partial saving of the programs and data records on to the designated data processing unit, the execution of the programs, the processing of the data records, and the creation of additional copies of such material in machine-readable form, where required for use according to this agreement.

4.4 CSB shall retain all further rights to the programs – both in original and copied form. Licensee shall have the obligation to ensure that programs and documentation are inaccessible to third parties. Licensee is only entitled to make copies for own use, especially for purposes of back-up and archiving. In the event that the designated data processing unit is temporarily incapacitated, Licensee shall be entitled to use the programs and data records on another data processing unit during that time.

4.5 Transfer of granted rights of use, or a granting of sub-license for the licensed material is expressly excluded, both to protect the fitness of the Software and to safeguard the user. This shall apply also in the event of full or partial sale of property of Licensee’s company. Upon termination of use, the licensed programs and the documentation including all copies shall be returned immediately and without prompt.

4.6. In the event that Licensee passes on programs or copies thereof to third parties, Licensee shall pay a flat-fee in damages amounting to two (2) times the single license fee for the Software. The same applies for continued use of the Software without valid lease contract. Damages are determined in this case by the programs listed in the enclosed exhibits (delivered items respectively), valuated in accordance with the current Software License Fees, derivable from the current price list.

4.7 CSB shall hold harmless Licensee in the event of infringement of third party rights, in so far as Licensee has advised CSB without delay of such infringement and under reservation of all defense and settlement measures. CSB shall in such event either provide Licensee with the right to continued use of the Software or modify or exchange the Software in such manner, that no property rights shall be infringed, or retract the Software under reimbursement of the license fee to CSB minus an amount deductible as a result of usage of the Software. In this case, a time of use of five (5) years is applicable. The above-mentioned obligations shall not apply in the event that Licensee alters any of the licensed material by CSB, or utilizes them in a manner not provided for according to CSB documentation, or uses it in conjunction with products not supplied by CSB.

4.8 Licensee shall allow CSB to inspect the compliance with the provisions of the License by means of an on-site inspection in the business premises of Licensee once per calendar year (software auditing).

5. Installation Preparation, Installation, Maintenance and Connection of Third-Party Manufacturers

5.1 Purchaser/Licensee shall be responsible for appropriate and professional installation preparations, which Purchaser/Licensee will perform at his own expense in good time prior to delivery, without previous request on the part of CSB.

5.2 Installation shall be carried out by CSB. The required materials for installation and the installation shall be invoiced separately in accordance with the prices for Services, Deliveries, and Performances of CSB. CSB shall be entitled to invoice Purchaser/Licensee with any extra expenditure should the location of installation not be accessible by regular means of transport.

5.3 Maintenance service on the part of CSB shall become effective immediately upon installation, unless otherwise agreed upon in the Maintenance Contract. For the rest, the Terms and Conditions of the Hardware and Software Maintenance Contract apply in this respect.

5.4 CSB assumes no liability for technical and/or legal option for connection of third-party equipment to Hardware delivered or Software supplied by CSB.

5.5 CSB assumes no liability for the operability of Software of other providers on Hardware delivered by CSB or Hardware provided by Customer for the operation of the CSB-System.

5.6 CSB assumes no liability for the compliance of any non-compulsory, statutory and non-legislative regulations, provided that the compliance is not explicitly agreed.

6. Pricing and Payment Terms

6.1 All prices contained in the offer or the contracts are exclusive of any taxes applicable at the time of delivery.

6.2 If accessories and fixtures are shipped, prices apply ex dispatch center, plus postage, packaging, insurance fees, and applicable tax.

6.3 In such event that delivery and installation is delayed as a result of reasons caused by Purchaser/Licensee and this delay exceeds the delivery date stipulated by the product sheet by four (4) months, CSB shall be entitled to charge the list prices valid at the time of installation.

6.4 All payment of invoices to CSB is due net cash within eight (8) days of invoice date. This also applies in such event that CSB is prepared to deliver, but that delivery has been suspended as a result of reasons caused by Purchaser/Licensee. In this case Purchaser/Licensee shall only be entitled to retain ten (10) percent of the invoice amount, including applicable tax until the actual delivery.

6.5 Purchaser/Licensee shall otherwise have no right of retention. Purchaser/Licensee may only offset legally binding or uncontested claims.

6.6 In the event that Purchaser/Licensee fully or partly fails to make payment, CSB shall be entitled to charge interest at a rate of one (1) percent per thirty (30) days.

6.7 If Purchaser applies for a financing framework for the purchased object/license for the Software from a financing company through mediation of CSB, the closing of the Contract is not conditional upon the acceptance of such leasing application. The Contract is executed independently; the acceptance of the leasing application is at the sole risk of the Purchaser/Licensee.

7. Passing of Risk

7.1 In the event of installation by CSB, all risk to deliverables is passed to Purchaser/Licensee upon such installation also in the case of a partial installation.

7.2 If deliverables are shipped to Purchaser/Licensee, passing of risk is executed at the moment of shipment, also in such event that carriage-paid shipping is agreed upon. Freight and insurance cost as well as packaging shall be at the expense of Purchaser/Licensee.

7.3 Passing of risk with reference to standard software and extended standard software is simultaneous with the transfer to Purchaser/Licensee.

8. Terms of Delivery, Delay and Impossibility

8.1 Delivery dates and terms are only deemed agreed upon if confirmed in writing by CSB and are subject to the timely performance of the obligation to cooperate on the part of Purchaser/Licensee. They commence upon such confirmation and shall be renegotiated in the event of later contractual amendments. In particular, this applies also in the event of contract adaptations according to item 3.2 due to the change of single Hardware components.

8.2 Compliance with terms and schedules on the part of CSB always presupposes that Purchaser/Licensee adheres to Purchaser/Licensee’s obligations under Contract, particularly with respect to timely installation preparations and payment, as well as Purchaser/Licensee’s obligation to cooperate. If this is not the case, agreed deadlines shall be extended and the schedules deferred automatically by at least the length of time of the delay. This expressly applies in such event Licensee makes additional requirements on CSB or programming by CSB that are not evident from Target Specifications or makes changes to its contents.

8.3 In the event that CSB exceeds delivery terms or deadlines that have been agreed and confirmed in writing by six (6) weeks or more, Purchaser/Licensee shall be entitled to request – in writing – delivery within a reasonable additional term. With this reminder, CSB shall be deemed to be in default. After the additional delivery term has expired without satisfaction, Purchaser/Licensee shall be entitled to waive the Contract with reference to the deliveries and services with which CSB is in default. Partial deliveries/services with which CSB is not in default are not subject to the right of cancellation.

8.4 CSB shall in no case hold any other liability with the limitation of section 10.1, also in the case of impossibility of delivery.

9. Change of Construction and Form

Construction and form of hardware and software shall be subject to change up to the time of delivery, as far as the Object Purchased/the Software shall not have been changed significantly and if, in addition, such changes are deemed to be reasonable or beneficiary to Purchaser/Licensee.

10. Warranty

10.1 CSB shall warrant for the term of one year upon delivery the absence of defects of Hardware and Software. Purchaser is obliged to report in writing any defects upon their first occurrence. CSB shall be entitled to three (3) additional attempts to satisfy its obligation of warranty per individual defect. In such event that a third attempt to satisfy fails, Purchaser shall be entitled to exercise additional warranty rights.

10.2 The display of CSB products for the purpose of advertisement or mere information shall not encompass product specifications or guarantees with reference to the subject matter. The regulation of § 434 para. 1 clause 3 BGB (German Civil Code) shall be ruled out, provided that CSB is not liable for the defect according to the regulation of § 444 BGB (German Civil Code). Product specifications and additional properties beyond such specification shall only be deemed as agreed upon or warranted if such agreement or warranty has been explicitly concluded in writing on the part of CSB.

10.3 CSB warrants compliance of Extended Standard Software with the specifications agreed upon in writing at the time of passing of risk.

10.4 Licensee shall cooperate in the limitation of and removal of defects. Licensee shall be obliged to provide CSB with verifiable documentation concerning type and appearance of deviations from product specifications, or the guidelines in the Target Specifications, and to comprehensively describe the defect in writing. CSB will try to eliminate any significant deviation from product specifications or provide a work-around within an appropriate period so that Licensee is able to use the program in accordance with the Contract, or will ensure the availability of the function of the program in case of the work-around. The right to removal of defects and the legal consequences and effects from existing defects not reported to CSB by Purchaser/Licensee acc. to item 10.1 end six (6) months after the transfer of the Software. CSB accepts no liability for defects occurring after such period.

10.5 In the event that during a CSB inspection a defect of the Hardware/Software cannot be ascertained, Purchaser/Licensee shall pay all costs of the inspection, especially in the event of faulty usage, or other interference beyond the scope of CSB liability.

10.6 No warranty shall apply to defects resulting from erroneous or neglectful treatment, excessive strain, unsuitable operating resources, fixture of additional equipment not expressly approved by CSB, repair work or modification performed by third-parties without authorization by CSB, or relocation of equipment to a location not approved by CSB. Also no warranty shall apply to any operating resources subject to natural wear and tear, as well as accessories, and the consequences of chemical, electro-technical, or electric influences, not provisioned for according to Contract.

10.7 In the event that Hardware and/or Software delivered by CSB is connected to any third-party software, CSB shall assume no warranty for the fitness of such third-party software installed on Hardware delivered by CSB, or the compatibility of such software to Software delivered by CSB.

10.8 In no case shall CSB be liable for any additional claims by Purchaser/Licensee, no matter what cause in law, including but not limited to breach of duty or illicit act, any claim for indemnity for damage outside of the Purchased Object or Licensed Software, meaning all consequential harm caused by defect, such as lost or ill-processed data, particularly damage caused by operational outage or lost profits, beyond the limitations apparent under section 11.1.

10.9 Warranty shall only be given to original buyer. Claims to Warranty are non-transferable. In the event that Purchaser/Licensee relocates the Purchased Object/Licensed Software, Purchaser/Licensee is liable for any additional costs arising thereof with respect to the removal of defects.

11. Liability

11.1 Liability by CSB shall be limited to all cases regulated by these Terms and Conditions. CSB’s liability shall be limited to such damages resulting from non-availability of an agreed-upon or guaranteed condition, as well as damages caused by deliberate action or gross negligence. In the event of fatal injury or bodily harm, CSB shall also assume liability for negligence. In no event shall CSB be liable for damages caused by lesser negligence. However, CSB shall be liable in the event of lesser negligence causing infringement of obligations under this agreement for direct damages; such damages shall be limited and not exceed the single license fee payable for the CSB program module (item number), or the purchasing price of the object which caused the damage.

11.2 In no case shall CSB be liable for nonperformance or delays caused by acts of God, or other events beyond its control, including but not limited to riots, disruptions in operation, strikes, lockout, or delays in delivery caused by the manufacturer.

12. Software

12.1 Pursuant to the License Agreement, CSB releases two versions:

Standard Software is encompassed in the current version (“Closed Version”)
Extended Standard Software (e.g. all software extensions according to Product Sheets) are realized in and delivered as part of the follow-up version (“Open Version”). Delivery of the follow-up version shall only be effected upon receipt of payment-in-full of the Standard Software, delivered Hardware and performed services (consulting, installation)

12.2 The scope of coverage and functionality of the Standard Software are described in the product specifications as exhibited in the offer made to Licensee by CSB. Licensee accepts the scope of coverage of CSB applications that is exclusively specified in the product specifications and acknowledges its fitness for his purposes.

12.3 Delivery of the software is carried out exclusively via remote data transmission (modem).

12.4 For tasks specified by Licensee that cannot be covered by Standard Software, CSB shall develop real, practical, and reasonable solutions (Extended Standard Software) according to the state of the art at the time of contract closing. Licensee shall produce target specifications accordingly. Properties of Extended Software shall only be deemed as agreed upon if such agreement has been concluded in writing. Individually developed programs will be demonstrated to Licensee and have to be confirmed in writing as being in conformance with agreed-upon properties by Licensee. In the event that individually developed programs notwithstanding request are not confirmed correspondingly, but are utilized anyhow, they will be deemed to be confirmed four (4) weeks after delivery, in so far as no significant program defects are reported to CSB and such confirmation is expressly declined with advice of such defects. In order to limit possible defects, Licensee has particular obligations to cooperate and inspect. Licensee agrees to install the Open Version in a separate directory. Licensee agrees to visualize all critical procedures and business processes in the Workflow Management System, and to compare the results of the Open and Closed Version. CSB shall retain all rights to developed programs, with the exception of the following provisions.

12.5 Software shall be released in German and/or English. Not all documentation, particularly manual and help texts, are available in the official country language. Purchaser/Licensee therefore is provided with a full software documentation (excluding interface description) in either German or English.

13. Acceptance Procedure

Pursuant to the agreements of this contract, the acceptance procedure is to be carried out according to the following regulations:

13.1 If a contractually detailed plan for the acceptance procedure is available, it shall be carried out directly before production run.

13.2 In case of errors or deficiencies arising during the acceptance procedure, these shall be recorded and divided into two categories: Category A: Errors impending production run Category B: Deficiencies not considerably impairing production run

13.3 Errors of category B shall not prevent acceptance. Purchaser/Licensee shall immediately declare acceptance. These errors shall be resolved by the project consultants and hotline employees of CSB in the time after acceptance by means of appropriate process controls. After the resolving of an error of category A, acceptance shall be declared within fourteen (14) days.

13.4 If the project or the individual project steps have been in production run for more than six weeks, the project or sub-project shall be considered accepted. Any recorded errors or deficiencies shall be dealt with in line with the maintenance contract.

14. Retention of Title

14.1 CSB shall retain title of the Purchased Object until the entire purchasing price has been paid. CSB shall retain title of Purchased Object also after full payment of the purchasing price has been made until all supplementary claims towards Purchaser, incurred with regard to Purchased Object as a result of repair work, replacement deliveries, or other services, have been paid in full. Where the value of the existing securities for CSB exceeds the claims by over twenty (20) percent on a long term basis, CSB shall free such securities accordingly by choice.

14.2 In the event of default of payment, CSB shall be entitled to claim issue of the Purchased Object; Purchaser shall immediately return the object. All costs incurred by recall and processing of the Purchased Object are at the expense of Purchaser/Licensee. During the time of retention of title, Purchaser/Licensee additionally is obliged to safeguard the Purchased Object’s mint condition, and to advise CSB immediately, in such event that third-parties, e.g. in the case of execution, claim the Purchased Object. If Purchaser/Licensee refuses return of the delivery item, CSB is entitled, after a further deadline of seven (7) weekdays, to technically disable the operability of the software for the period of payment default.

14.3 Licensee understands that sub-lease of the Software and sale to third party of the Purchased Object prior to full payment may not be effected without the prior written permission of CSB. In any such event the claim of Purchaser/Licensee out of such sale shall be assigned irrevocably to CSB.

15. Validation of these Terms and Conditions

15.1 The Terms and Conditions apply, unless otherwise agreed upon in writing by both Parties. In no event shall any terms and conditions by Purchaser/Licensee apply.

15.2 Any modification to or deviation of the content of this Agreement shall not be valid, unless such modification or deviation has been confirmed in writing by CSB.

15.3 In addition, the Terms and Conditions of Lease and Maintenance, as well as the price list for Service, Delivery and Performance of CSB apply.

16. Arbitrator’s Award Agreement

Should differences arise between the contractual parties concerning the delivery and services due on behalf of CSB or the degree of fulfillment of owed deliveries and services that cannot be resolved by the parties themselves, an arbitrator’s award by an authorized referee for IT matters shall be required as far as one of the party’s requests. This does not apply if the parties disagree on the due date of the deliveries and services. Each party may initiate an arbitrator’s award by informing the other party in writing. The arbitrator’s award is binding for both parties and shall be appointed by the IHK Aachen (Chamber of Industry & Commerce Aachen) if the parties cannot agree on an arbitrator within three days after receipt of said written letter. The arbitrator has to grant due process of law to both parties. The arbitrator shall, as far as is disputed between the two parties, determine which deliveries and services are due by CSB in line with the underlying contracts and which of these services and deliveries have already been performed by CSB. Should the arbitrator determine that CSB has not entirely fulfilled its contractual obligations and that these are due, he shall determine a suitable period in which CSB shall have the opportunity to perform the deliveries and services that have been ascertained by the arbitrator as unfulfilled. Upon CSB’s request, at the latest upon expiration of said period, the same arbitrator shall determine whether CSB has fulfilled his contractual due deliveries and services, should this still be a matter of dispute between the parties. Should the arbitrator determine that CSB has not yet entirely fulfilled its contractual obligations, he shall determine a suitable period of grace in which CSB shall have the opportunity to perform the deliveries and services that have been ascertained by the arbitrator as unfulfilled. Upon CSB’s request, at the latest upon expiration of said period of grace, the same arbitrator shall determine whether CSB has fulfilled his contractual due deliveries and services, should this still be a matter of dispute between the parties. Should the arbitrator again determine that CSB has not entirely fulfilled his contractual obligations, §§ 281, 323 BGB (German Civil Code) apply and the licensee shall waive any requirement to fix further period of time. In the event of an arbitrator’s award, compensation cannot be enforced prior to this time. The findings of the arbitrator are binding for both parties. Costs for the arbitrator’s award shall be borne by the parties in line with the principles of section §§ 91, 92 of the ZPO (German Civil Process Order). The arbitrator shall make a binding decision as to the payment of the involved costs.

17. Applicable Law, Place of Fulfillment and Jurisdiction, Severability Clause

17.1 The contractual obligations of both parties are applicable to German Law exclusively. However, German international civil law applies exclusively for § 27 para. 1 and 3 and § 34 EGBGB.

17.2 Place of fulfillment and jurisdiction for all matters arising from current and future business dealings of both parties, for any reason, is Düsseldorf, Germany. However, CSB reserves the right to pursue claims at a valid jurisdiction of the Purchaser/Licensee.

17.3 Should individual provisions of this agreement become completely or partially invalid or loose their enforceability, the validity of the remaining agreement will not be affected. In such a case, CSB and Purchaser/Licensee shall replace the invalid clause with a valid clause that bears closest resemblance to the economic purpose of the invalid clause.

CSB-System AG, An Fürthenrode 9-15, 52511 Geilenkirchen, GermanyVersion January 01, 2009