LEGAL FRAMEWORK FOR DX ASSIST APP
"CHINESE VERSION"

Below you find the Imprint, the Terms of Use and the Privacy Notice of the DX Assist App version, which is distributed by Flender GmbH, Germany to all clients registered in China (Chinese Version).

For clients (employees of companies and private persons), who are NOT residing in China, the DX Assist App is distributed by Flender GmbH, Germany (International Version) or it is distributed by Flender Corp., USA (USA Version). The respective Imprint, Terms of Use and Privacy notice for the International Version you can find here.
If you, as client, are NOT registered in China and by accident have downloaded the Chinese version für Windows, please delete this version and download the International Version or the US Version for Windows from our Flender website.

ImPRINT   Privacy Policy   Term of use

Imprint

Headquarter
Flender GmbH
Alfred-Flender-Str. 77
46395 Bocholt
Deutschland
Tel. +49 2871 92-0
Fax +49 2871 92- 2072

Chairman of the Supervisory Board
Dr. Horst J. Kayser

Entitled to act as substitute
Stefan Tenbrock
Dr. Ulrich Stock

Registered offices
Bocholt, Germany

Commercial registries
Coesfeld, HRB 16929

VAT registration number
DE815718353

Responsible according to Paragraph 55, Section 2 of the German
Interstate Broadcasting Agreement (Rundfunkstaatsvertrag)
Clarissa Haller
Siemens Aktiengesellschaft
Communications
Werner-von-Siemens-Straße 1
80333 Munich
Germany 


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Privacy Notice 

Last Update: 15. May 2018

Protecting the security and privacy of your personal data is important to Flender. Therefore, Flender GmbH, Alfred Flender Str. 77, 46395 Bocholt, Germany (“Flender”) operates Flender Diagnostex Assist App (“App”) in compliance with applicable laws on data protection and data security.
In the following, we provide information on the categories of data we collect, process and use via the App, the purposes of the collection, the purpose of processing and use, and we provide information about third parties with which we may share such data, where applicable.

Data that you actively provide to us
Personal data, that you actively provide to us within the App. i.e. information that you actively enter when registering for the app or creating a user account or when using contact and other forms offered within the App (for example, in order to contact Flender with your enquiries and questions), as well as non personal data, that you actively provide to us within the App. i.e. information about alarm messages of a sensor mounted to your equipment, or the result of an equipment inspection will only be collected, processed and used for the following purposes:

  • to offer the app’s services and functions and to administer your use of the App,
  • to be able to improve our equipment in the different client installations,
  • to be able to ask your opinion about functionality and performance of the App,
  • to verify your identity,
  • to answer and fulfill your specific requests, e.g. for quotation and to be able to send you the respective offer on your request, and
  • as reasonably necessary to enforce our Terms of Use, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on Flender’s information technology systems.

App permissions
The use of certain functions of the App may require you to provide certain App permissions. App permissions allow the App to access information stored on your device.

If you make use of an IOS device, the App may ask for the permissions listed below. The data collected via such permissions and the purposes of the data collection are the following:

Permission to access the camera: Via this permission the app collects information about your cell phone or tablet camera. This information is processed and used for the purpose to collect the picture of the equipment to show it in the App and to collect the photo of the name plate of the equipment in the App to enable the App to simplify the registration process.

Permission to access the data storage: Via this permission the app collects information about the data storage of the cell phone or the tablet. This information is processed and used for the purpose to save the data provided by the App on the cell phone or the tablet.

Permission to access the E-Mail application: Via this permission the app collects information about the E-Mail Application installed on your cell phone or on the tablet. This information is processed and used for the purpose to enable you to send an Email to Flender, if you wish so.

You may manage the use of App permissions in the section “settings” of your operating system. Please note that the use of certain functions of the App may no longer be possible if you deactivate the respective App permission.

If you make use of an Android device, the App permissions used by this App, data collected via permissions and the purposes of the data collection are the following:

Permission to access the camera: Via this permission the app collects information about your cell phone or tablet camera. This information is processed and used for the purpose to collect the picture of the equipment to show it in the App and to collect the photo of the name plate of the equipment in the App to enable the App to simplify the registration process.

Permission to access the data storage: Via this permission the app collects information about the data storage of the cell phone or the tablet. This information is processed and used for the purpose to save the data provided by the App on the cell phone or the tablet.

Permission to access the E-Mail application: Via this permission the app collects information about the E-Mail Application installed on your cell phone or on the tablet. This information is processed and used to enable you to send an Email with data about your equipment to Flender.

You may manage the use of App permissions in the section “settings” of your operating system. Please note that the use of certain functions of the App may no longer be possible if you deactivate the respective App permission.

Links
This Privacy Notice applies only to this App, and not to websites or applications owned by third parties. We may provide links to other websites or applications (such as Google Maps or YouTube) which may be of interest to you. Any link to an external website or application is marked as such. Flender is not responsible for the privacy practices or the content of external websites or applications.

Recipients of your personal data
Flender transfers personal data that you provide during the registration process or that you provide to us within contact forms to Siemens AG for the purpose of maintenance and further development of the App.

In connection with the operation of the App and the services provided by way of the App, Flender commissions service providers such as hosting or IT maintenance service providers. These service providers only act upon instructions by Flender and are contractually bound to act in compliance with applicable data protection law.

These recipients may possibly be located in countries outside of the European Economic Area (“third countries”), in which applicable laws do not offer the same level of data protection as in your home country. In such cases, Flender takes measures to ensure an adequate level of data protection by other means. For example, we share your personal data with Flender or Siemens subsidiaries in third countries only if they have implemented our Binding Corporate Rules („BCR“) for the protection of personal data. Further information about the Siemens BCR can be found here.

Do Not Track
At this time our Internet sites do not recognize or respond to “Do Not Track” browser signals.

Children
This Application is not directed to children under the age of thirteen. We will not knowingly collect personal data via this Application from children under the age of thirteen without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent, pursuant to local law and regulations or to protect a child.

Security
To protect your personal data against accidental or unlawful destruction, loss, use, or alteration and against unauthorized disclosure or access, Flender uses reasonable physical, technical and organizational security measures.  Unfortunately, there is no complete assurance of security in transit or storage to any information that you transmit, no complete assurance that information will not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or organizational measures.

California Privacy Rights
California’s “Shine The Light” law permits those of our customers who are California residents to annually request a list of their personal information (if any) that we disclosed to third parties for direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. At this time, we currently do not share any personal information with third parties for their direct marketing purposes.

Questions and comments; changes
Under applicable law you may have the right to

  • (i) access your personal data stored by Flender and/or
  • (ii) request the rectification, deletion or blocking of your personal data.

In case you wish to exercise any of these rights or in case of data privacy related questions or complaints, please click here.

Kindly ask your questions, or give us your suggestions how to improve our Service.

We may update this Privacy Notice from time to time. The date of the latest update is indicated at the top of this privacy notice.


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Term of use

  1. Scope of application
    1. Any and all use of the application offered by Flender GmbH (“Flender”) is permitted exclusively in accordance with the present terms and conditions. In individual instances, these General Terms of Use may be supplemented, modified or replaced by other terms and conditions. By commencing use, the validity of the present Terms of Use in their respectively valid version is accepted.
    2. Insofar as the user uses the application as or on behalf of a business enterprise, that is, in the exercise of a commercial or independent professional activity, or acts for a public corporation, the provisions of Section 312i (1) (1) (1 – 3) and 312i (1) (2) of the German Civil Code are not applicable.
    3. If the application is aimed at business enterprises or public corporations, the respective business enterprise or public corporation shall be represented by the user and the actions and knowledge of the user shall be attributable to the business enterprise or public corporation.
    4. The user acknowledges that an user license agreement is concluded between the user and Flender, and not with the provider of the online marketplace where the application has been offered. The user further acknowledges that – if applicable - Flender is solely responsible for the licensed application, the content thereof and for any claims, any warranty and any support relating to the licensed application or this Agreement. The user acknowledges that the provider (and its subsidiaries) of the online marketplace where the application has been offered is a third party beneficiary of this user license agreement and will – as the case may be - have the right to enforce this license agreement against the user.
    5. The user agrees to comply with applicable third party terms of agreement – if any – when using the application.
       
  2. Services
    1. Flender keeps certain information of selected Flender equipment available in the application for retrieval or download. The user can save information about this equipment in the application. This information can be retrieved again later in the application by the user. The application can also connect to a sensor, which is mounted at the equipment and is able to download and work with sensor data from the specific equipment.
    2. In consideration of the properties of the Internet and of computer systems, Flender assumes no liability for the uninterrupted availability of the application. Flender shall be entitled to discontinue operation of the application, in full or in part, at any time. The services provided by Flender within the application may be interrupted, for example, for maintenance, repairs, upgrades, or due to network or equipment failures. Flender can discontinue some or all of these services at any time, including certain features and support for specific devices and platforms.
       
  3. Registration, Password
    1. In the interest of safety and security of business transactions, only registered users may access the application.
    2. While registering the user shall provide accurate information and communicate subsequent amendments promptly (where possible, online). E-mail addresses and other contact information may be used by Flender in connection with the use of the web application for the purpose of making contact. The user will ensure that he/she receives emails that are sent to the e-mail address that the user provided.
    3. The access credentials are personal. The user is required to carefully store his/her access credentials and protect them from unauthorized access. If the user becomes aware that a third party has used his/her access credentials, the user is required to notify Flender immediately.
    4. Flender reserves the right, upon an indication that these Terms of Use have been breached, or for other objectively serious reasons, to temporarily or permanently block the user's registration and/or his/her access to the Web application and/or the customer entirely. Flender is particularly entitled to do so, if the user
      • (i) provides false registration information,
      • (ii) violates these Terms of Use or his/her duty of care in handling the access credentials or
      • (iii) violates applicable law when accessing or using the application.
    5. The user agrees that Flender shall not be liable to the user or any third party for such restrictions or blocking of access to the user account.
    6. The user may demand that his registration be cancelled at any time, provided that the cancellation does not conflict with on-going contractual relationships. In this case, Flender will delete all user data and all other personal data of the user as soon as they are no longer required for the implementation of the contractual relationship.
    7. The user acknowledges and agrees that some data input or generated from this application (including but not limited to the user’s email address and other contact information) will be stored within China; however, such data will be transmitted and stored outside of China from time to time for certain purpose such as  contacting or sending email to the user.
      The user confirms he/she is not with Chinese military or government, and guarantees not to use this application for any military or governmental related purpose or input/store related data in the application.
      ​​​​​​​
  4. Rights to use information, software and documentation 
    1. Use of the information, software and documentation made available on the application is governed by the present Terms of Use, or when information, software or documentation are updated, by the relevant license terms that were already agreed with Flender earlier. Separately agreed license terms, as on the occasion of downloading software, for example, take precedence over the present Terms of Use.
    2. The user, in consideration of agreeing to abide by these Terms of Use, is authorized to use the application when and if the user is an employee or contractor of the owner of the equipment, manufactured and distributed by Flender, and if the user is involved with the operation or maintenance of the said equipment and has a legitimate interest in the use of the application. The user is entitled to use the application as well as the information, software and documentation made available via the application for operational purposes of the owner of the equipment on whose behalf the user accesses the application. No further use or disclosure is allowed.
    3. The user grants Flender a worldwide, royalty-free, non-exclusive, under-licensable, and transferable right to use the information and documentation provided by the user in the application to the extent agreed or, if nothing is agreed, the user grants the right as it is necessary for Flender to provide, operate and improve the application and to provide and improve services and products.
    4. The user may not sell, lease or make available otherwise information, software or documentation to third parties at any time.
    5. If open source components are included in the web application, for these open source components the respective open source licensing conditions shall be applicable and shall prevail over these terms of use. Applicable open source conditions shall be communicated to the user in an appropriate form.
    6. The information, software and documentation are protected both by copyright laws and international copyright agreements, and by other laws and agreements pertaining to intellectual property. The user shall observe these rights and in particular, the user shall not remove any alphanumeric codes, trademarks or copyright notices either from the information, the software or the documentation, or from copies thereof.
    7. Otherwise, the provisions of Sections 69a et seq. German Copyright Act remain unaffected.
       
  5. Intellectual property
    1. Except as expressly permitted in these Terms of Use, information, brand names and other contents of the web application may not be altered, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written permission of Flender. The user acknowledges that the layout of the web application, the textual-graphical design and the "look and feel" of the user interface and the graphics and texts are protected by copyright.
    2. Apart from the usage rights or other rights granted expressly to the user in the present Terms of Use, no further rights of any kind, particularly no rights to the company name and industrial property rights such as patents, registered designs or trademarks are granted to the user, nor is Flender obligated to grant any such rights.
    3. As far as the user stores information, ideas and suggestions on the application, Flender shall be entitled to use these free of charge for purposes of developing, improving and selling products from its portfolio.
       
  6. Obligations of the user
    1. The user is not allowed to use the application to
      • Act in a manner contrary to public decency;
      • Spread content which is defamatory, libelous or commercially detrimental, illegal, harmful to minors, politically radical or offensive;
      • Infringe industrial property rights, copyrights, personal, property and other third party rights;
      • Transmit contents containing viruses, so-called Trojan horses or other programs that can damage software;
      • In a way that could damage, disable, overburden, impair or compromise Flenders’ systems or security or interfere with other users;
      • Enter, store or send hyperlinks or contents without authorization to do so, particularly when these hyperlinks or contents violate confidentiality obligations or are unlawful;
      • Distribute advertising or unsolicited e-mails (so-called “spam”) or false warnings of viruses, malfunctions or the like, or invite people to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes or comparable actions.
      • Create user accounts for the application using unauthorized or automated means.
        The user is not allowed to sell, resell, rent or charge our application and related services.
      The user shall not modify, reconstruct, reverse engineer, derive modified versions, decompile or extract derivative versions of the application, neither directly nor through automated means.
    2. Before accessing the application, and during the use and transmission of data, the user will take all reasonable precautions to prevent attacks on its system, e.g. viruses, worms or Trojans. The user is responsible for maintaining the security of his device and his account, and must notify Flender immediately of any unauthorized use or security breach regarding his account or regarding one of the Flender services.
    3. If the user finds errors in the functionality of the application or the information provided by the application, he will inform Flender immediately. This also applies in the event that the user receives access to data which are not meant for him.
    4. Flender is entitled to block access to the application at any time, particularly if the user violates his obligations under the present Terms of Use.
       
  7. User content and hyperlinks
    1. Flender does not assume any responsibility for the correctness and legality of the content inserted into the application by users. Flender does not adopt these contents as its own.
    2. The application may contain hyperlinks to third-party websites. Flender assumes no responsibility for the content of these websites, nor does Flender make these websites and their contents their own, because Flender does not control the linked information and is also not responsible for the contents and information made available there. The user uses such websites at his own risk.
       
  8. Fees and taxes
    The user is responsible for all data fees of his provider as well as for all fees and taxes associated with his use of the application provided by Flender.
     
  9. Liability for material defects and defects of title
    1. Insofar as information, software or documentation are made available at no charge, any and all liability for material defects and defects of title of the information, software and documentation, particularly for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness and/or usability, are excluded, except in cases of deliberate intent or fraud.
    2. The information contained in the application may include specifications or general descriptions of technical possibilities of products, which may not always be valid in every case (e.g., due to product changes). Therefore, the desired performance characteristics of products must be agreed upon purchase in every individual case.
       
  10. Other liability, viruses
    1. Flenders’ liability for material defects and defects of title is governed by the provisions of Article 9 of the present Terms of Use. Otherwise, any liability of Flender, particularly for but not limited to consequential damages, is excluded, unless liability is compulsory by reason of, for example, the German Product Liability Act, or due to deliberate intent, gross negligence, or injury to life, body or health, or the assumption of a guarantee of quality, or fraudulent concealment of a defect, or violation of material contractual obligations. However, damages for the violation of material contractual obligations are limited to typical, foreseeable contractual damages, except in cases of deliberate intent or gross negligence.
    2. Although Flender always strives to keep the application free of viruses, Flender does not guarantee the absence of viruses. Before downloading information, software and documentation, the user should take appropriate security precautions and scan for viruses for his own protection and to prevent viruses on the application.
    3. The foregoing provisions of Articles 10.1 and 10.2 do not entail a shift in the burden of proof to the disadvantage of the user.
       
  11. Compliance with export control provisions 
    1. In disclosing to third parties the information, software and documentation made available by Flender, the user shall observe the respectively applicable provisions of national and international (re-) export control laws. In making any such disclosures, the user must observe the (re-) export control provisions of the Federal Republic of Germany, the European Union and the United States of America, in any case.
    2. Prior to making any such disclosures, the user shall particularly check and take suitable measures to ensure that
      • he will not violate, by making such disclosure or by making other economic resources available to third parties in connection with the information, software and documentation made available by Flender, an embargo of the European Union, the United States of America and/or the United Nations – also in consideration of any restrictions on domestic transactions and any circumvention bans;
      • such information, software and documentation made available by Flender are not intended for use in prohibited or permit-requiring activities related to armaments, nuclear technology or weapons, unless any required permits will have been obtained;
      • the rules of all relevant sanction lists of the European Union and the United States of America pertaining to commercial dealings with the companies, persons or organizations appearing on such lists are observed.
    3. To the extent necessary for the purpose of export control audits conducted by government authorities or by Flender, the user shall promptly make available to Flender, in response to an appropriate request, all information concerning the final recipient, final destination and intended use of the information, software and documentation made available by Flender, as well as the relevant export control restrictions.
    4. The user shall fully indemnify and hold Flender harmless for all claims asserted by government authorities or other third parties against Flender for non-compliance with the above-mentioned export control obligations by the user, and undertakes to reimburse Flender for all losses and expenses incurred, unless the user is not responsible for the breach of obligations. The foregoing does not entail a reversal of the burden of proof.
    5. Fulfillment of the contract by Flender is subject to the reservation that such fulfillment is not opposed by any obstacles based in national or international regulations of foreign trade law, nor any embargos and/or other sanctions.
       
  12. Data protection
    Protecting the security and privacy of your personal data is important to Flender. Therefore, Flender operates the application in accordance with the applicable laws for the protection of personal data and data security.
     
  13. Side agreements, jurisdiction and venue, applicable law
    1. Side agreements require written form.
    2. Flender may change or update these Terms of Use at any time. The current status of the Terms of Use can be viewed on the official Flender website via the following link. Any changes are also reported in the application as far as the user has agreed to the data exchange with the back-end system of the application. The user confirms his acceptance to the changed Terms of Use by the further use of the application.
    3. In the event any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
    4. No person other than the user and Flender and/or its affiliates shall be entitled to enforce any term of these Terms of Use.
    5. Jurisdiction is Düsseldorf if the user is a merchant within the meaning of the Commercial Code.The application is operated by and is the responsibility of Flender GmbH and/or its subsidiaries. The application is geared to meet the requirements of the respective country in which the responsible user is domiciled. Flender assumes no responsibility for the possibility that information, software and/or documentation can be retrieved or downloaded from the application also in places that do not lie within the respective country. If users access the application from places that do not lie within the respective country, they are themselves exclusively responsible for complying with the applicable legal regulations of the respective country. Access to information, software and/or documentation on the application from countries in which such access is unlawful is not permitted. In this case, and assuming that the user wishes to enter into business relations with Flender, the user should contact the Flender representatives in the respective country.
    6. German law applies, the UN purchase law is excluded.

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© Flender GmbH 2018 - 2018 Imprint

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