Microsoft Word - 230515 EN BOMAG TELEMATICS Terms DRAFT TF clean

T&C

BOMAG

Telematics

EN

05.23

Terms

&

Conditions

BOMAG

TELEMATICS

The

following

terms

and

conditions

apply

to

all

products

of

BOMAG

GmbH

and

its

affiliated

companies

of

the

BOMAG

Group

(together

"

BOMAG

"),

which

are

equipped

with

BOMAG

TELEMATICS

as

standard

or

on

specific

order

by

the

buyer.

Upon

conclusion

of

a

sales

contract

for

a

BOMAG

product

with

BOMAG

TELEMATICS

or,

at

the

latest,

by

putting

the

BOMAG

product

into

operation,

the

buyer

agrees

to

the

following

terms

and

conditions.

1.

Applicability

a)

Where

the

buyer

is

also

the

end-user

of

the

respective

BOMAG

product,

these

terms

and

conditions

are

considered

to

be

agreed

between

the

buyer

and

BOMAG

GmbH,

regardless

of

whether

the

sales

contract

is

being

concluded

between

the

buyer

and

BOMAG

or

the

buyer

and

a

third

party.

BOMAG

hereby

declares

its

agreement

to

the

validity

of

these

terms

and

conditions

as

between

the

buyer

and

BOMAG.

b)

Where

the

buyer

is

a

commercial

reseller,

the

buyer

is

obliged

to

include

these

terms

and

conditions

in

an

unchanged

form

in

the

respective

sales

contract

in

a

suitable

manner

when

selling

the

BOMAG

product

to

a

third

party,

so

that

these

terms

and

conditions

become

directly

effective

between

the

third

party

and

BOMAG

GmbH.

c)

These

terms

and

conditions

enter

into

effect

upon

the

conclusion

of

the

respective

sales

contract

for

the

BOMAG

product,

into

which

these

terms

and

conditions

are

included,

and

otherwise

at

the

latest

at

the

time

when

the

customer

becomes

aware

of

these

terms

and

conditions

and

the

BOMAG

product

is

put

into

operation.

d)

If

the

buyer,

who

has

bought

the

BOMAG

product

for

the

buyer’s

own

use,

subsequently

sells

the

BOMAG

product

to

a

third

party,

the

buyer

and

the

third

party

are

obliged

to

observe

the

respective

legal

framework

for

the

operation

of

BOMAG

TELEMATICS

(e.g.

permissibility

of

operation

in

another

country).

Please

contact

BOMAG

for

more

information.

e)

If

the

buyer

provides

the

BOMAG

product

to

third

parties

for

their

use

(e.g.

as

a

rental

machine),

the

buyer

shall

inform

such

third

parties

that

BOMAG

TELEMATICS

is

installed

in

the

BOMAG

product

and

the

buyer

shall

ensure

that

all

applicable

legal

regulations

concerning

the

functions

of

BOMAG

TELEMATICS

and

the

data

processing

are

observed.

2.

System

a)

BOMAG

TELEMATICS

is

a

telematics

system

that

can

transmit

certain

machine

data.

The

system

consists

of

a

hardware

module

installed

in

the

machine

as

well

as

an

antenna

and

corresponding

software.

b)

The

hardware

module

has

been

installed

in

the

BOMAG

product

as

standard

at

the

factory

or

at

the

buyer’s

specific

order

and

is

already

activated

at

the

factory.

It

transmits

data

to

BOMAG

under

the

conditions

set

out

in

these

terms

and

conditions.

c)

The

buyer

can

access

the

transmitted

machine

data

via

the

separate

product

BOMAG

Fleet

Management.

This

requires

the

conclusion

of

a

separate

agreement

for

the

use

of

the

data

portal.

d)

At

the

request

of

the

buyer,

the

data

transmission

can

be

switched

off.

In

this

state,

the

module

only

dials

into

the

respective

radio

network,

but

no

longer

transmits

machine

data.

Alternatively,

the

telematics

module

can

be

permanently

shut

down

by

the

BOMAG

customer

service.

Reactivation

is

then

no

longer

possible.

T&C

BOMAG

Telematics

EN

05.23

3.

Transmitted

data

a)

BOMAG

TELEMATICS

solely

transmits

machine

data,

such

as

the

following:

-

Machine

position

-

Working

hours

-

Engine

status

(on/off)

-

Idle

times

-

Operating

temperatures

-

Diagnostic

codes

The

individual

types

of

data

transmitted

may

differ

depending

on

the

machine

type

and

development

status.

A

complete

list

of

the

transmitted

data

can

be

requested

from

BOMAG

customer

service.

b)

The

buyer

agrees

to

the

transmission

of

this

data

to

BOMAG

and

to

its

processing.

BOMAG

is

entitled

to

forward

this

data

within

the

BOMAG

Group

as

well

as

to

its

authorised

dealers.

The

buyer

is

aware

that

the

buyer

must

conclude

a

separate

BOMAG

fleet

management

agreement

for

the

buyer’s

own

use

of

the

data.

Further

information

on

this

is

available

from

BOMAG

or

from

an

authorised

BOMAG

dealer.

c)

On

the

basis

of

the

data

transmitted

by

BOMAG

TELEMATICS,

BOMAG

as

well

as

the

authorised

BOMAG

dealers

cannot

identify

which

particular

user

(in

particular

which

employee

of

the

buyer)

uses

the

BOMAG

product

at

any

given

time.

In

order

to

exclude

the

identification

of

users

of

BOMAG

products

equipped

with

BOMAG

TELEMATICS

as

well

as

the

connection

of

their

identities

with

the

transmitted

data,

and

thus

to

ensure

that

the

transmitted

data

does

not

qualify

as

personal

data,

the

Buyer

and

BOMAG

agree

on

the

following:

-

The

buyer

will

never

provide

BOMAG

as

well

as

BOMAG's

authorised

dealers

with

information

that

could

enable

a

connection

of

the

identity

of

the

product

users

with

the

machine

data

transmitted

by

BOMAG

TELEMATICS.

-

BOMAG

as

well

as

its

authorised

dealers

will

never

request

such

information.

-

BOMAG,

the

authorised

BOMAG

dealers

as

well

as

the

buyer

undertake

not

to

establish

a

connection

between

the

data

transmitted

by

BOMAG

TELEMATICS

and

any

individual

within

the

meaning

of

applicable

data

protection

laws.

An

identification

or

establishment

of

the

identifiability

of

the

users

of

the

product

is

expressly

forbidden.

-

In

case

of

an

inadvertent

transmission

of

any

personal

information

or

an

identification

or

the

establishment

of

the

identifiability

of

the

users

of

the

product,

such

information

will

be

deleted

immediately

by

BOMAG

or

the

authorised

BOMAG

dealers

in

accordance

with

applicable

data

protection

regulations.

T&C

BOMAG

Telematics

EN

05.23

4.

Data

use

by

BOMAG

and

its

authorised

dealers

a)

BOMAG

and

its

authorised

dealers

will

use

the

machine

data

transmitted

by

BOMAG

TELEMATICS

for

the

following

purposes:

-

Advanced

diagnostics

and

customer

support

in

the

event

of

a

fault

-

Continuous

product

improvement

-

Anonymised

evaluations

of

product

usage

-

Extended

service

offers

to

the

buyer

b)

The

data

will

not

be

used

by

BOMAG

and

its

authorised

dealers

for

purposes

other

than

those

specified

under

a),

with

the

exception

of

the

execution

of

a

contract

concluded

separately

with

the

buyer

for

BOMAG

Fleet

Management.

In

particular,

the

data

will

not

be

passed

on

to

other

third

parties

with

the

exception

of

such

third

parties

whose

involvement

is

necessary

for

technical

reasons

for

the

operation

of

BOMAG

TELEMATICS

or

for

the

transmission

and

use

of

the

machine

data

according

to

these

terms

and

conditions.

c)

Should,

contrary

to

the

above,

personal

data

be

involved

in

individual

cases,

the

following

shall

apply:

The

parties

agree

that

with

regard

to

the

data

processing

of

personal

data

the

European

General

Data

Protection

Regulation

(“GDPR”)

shall

be

applicable,

unless

mandatory

legal

requirements

of

other

legislations

determine

otherwise.

Data

processing

under

the

GDPR

is

carried

out

for

the

purposes

of

these

terms

and

conditions,

and

otherwise

on

the

basis

of

legitimate

interests

of

BOMAG.

In

addition,

data

processing

takes

place

according

to

the

following

Consent

of

the

buyer

The

buyer

hereby

agrees

to

the

use

of

the

machine

data

by

BOMAG

and

by

authorised

BOMAG

dealers

as

set

out

in

these

terms

and

conditions.

This

declaration

of

consent

does

not

affect

the

possibility

of

recourse

to

statutory

authorisation

grounds

with

regard

to

data

processing.

The

buyer’s

consent

is

voluntary.

The

buyer

can

refuse

its

consent,

or

revoke

it

at

any

time

in

text

form

with

future

effect

(e.g.

by

e-mail

to

datenschutz.de@BOMAG.com

)

without

having

to

provide

reasons.

In

the

event

of

refusal

or

revocation

of

the

buyer’s

consent,

the

buyer’s

data

will

not

,

or

not

any

longer,

be

processed

for

the

above-

mentioned

purposes

in

the

future.

In

this

case,

however,

the

data

transmission

must

be

switched

off,

or

the

telematics

module

must

be

permanently

shut

down

in

accordance

with

section

2

d).

T&C

BOMAG

Telematics

EN

05.23

5.

Data

use

or

use

of

BOMAG

TELEMATICS

by

the

buyer

a)

The

buyer

can

use

the

transmitted

data

only

after

conclusion

of

a

contractual

agreement

for

BOMAG

Fleet

Management.

b)

Under

no

circumstances

shall

the

buyer

be

authorised

to

-

use

BOMAG

TELEMATICS

in

order

to

store

or

transmit

infringing,

defamatory

or

otherwise

illegal

or

unauthorised

material

or

to

store

or

transmit

material

which

violates

the

data

protection

rights

of

third

parties,

-

use

BOMAG

TELEMATICS

to

store

or

transmit

malware,

-

attempt

to

gain

unauthorised

access

to

BOMAG

TELEMATICS,

-

copy

BOMAG

TELEMATICS

or

its

parts,

features,

functions

or

user

interfaces,

-

reverse

engineer,

decompile,

translate,

disassemble,

or

discover

the

source

code

or

underlying

ideas

or

algorithms

of

the

software

used

for

BOMAG

TELEMATICS,

or

otherwise

use

the

intellectual

property

of

the

developer

of

the

software

other

than

as

permitted

in

these

terms

and

conditions,

or

attempt

to

obscure

or

remove

any

copyright,

trademark,

or

other

notices

appearing

on

any

intellectual

property

of

the

developer

of

the

software.

5.

Data

protection

notice

The

current

version

of

the

general

data

protection

notice

of

BOMAG

can

be

found

on

BOMAG’s

website

at

www.bomag.com

and

will

be

provided

in

printed

form

free

of

charge

upon

request.