Data protection regulations
We, Hi-Cone, a division of ITW ESPAÑA, S.A., Pol. Ind. Congost, P5,
Naves 7-8-9, APDO nº7, 08530 La Garriga (Barcelona), Spain, represented by Steve Henn (President Hi-Cone Worldwide) and Hans-Juergen Meyer
(Vice President, General Manager Europe-Australia-Asia-Africa), are permitting you the usage of our online powered exhibition “Hidden Heroes”
at http://www.hidden-heroes.net.
Protection of your personal data is a central concern for us. Personal data is detailed information about personal or material circumstances of a particular or ascertainable individual such as name, address, mailing address, email address and telephone number. Information which cannot be associated with your identity is not included.
As a private-law company we are subject to the provisions of the
Federal Data Protection Act (BDSG) and of the German Teleservices Act (TMG), to which provisions we strictly adhere. We have taken technical and organizational measures which ensure that the provisions about data protection are adhered to.
By providing your data and setting up postings, you are consenting to the elicitation, storage and use of your personal data in accordance with these regulations revocable at any time. Please read our data protection regulations so that you know how we use your personal data after we have gathered it. Should you have further questions about our data protection regulations, you may contact us by email at any time at mail@hidden-heroes.net.
Scope, manner and purpose of data handling
Data for marketing and optimization purposes are collected and stored on our website with etracker GmbH (www.etracker.com)technologies. User profiles may be created under one alias from this data. “Cookies” may be used for this purpose. Cookies are small text files which are stored locally in your internet browser’s cache. Cookies enable the recognition of the internet browser. [You may simply prevent the use of cookies by deactivating the acceptance of cookies in your browser’s settings. When you accept cookies we store data within the cookies on your harddrive and recall this information during subsequent uses of our website using the same computer and webbrowser. This enables us to better understand the behaviour of our users and to be able to offer content corresponding to their interests and services tailored thereon.]
Data gathered with etracker technologies will not be used without the separate granted consent of the person concerned to personally identify this website’s visitor and will not be joined with personal data about the carrier of the alias.
When you set up your own text postings, pictures or films on our forum or link videos (together “user postings”), we will gather the following data from you: Name, country of origin and email address. We publish the name and country of origin together with the user posting on our website. We require an email address in order to be able to contact you in connection with the user posting if necessary. The email address will not be published.
The passing on of personal information to third parties will not take place.
Right of revocation and right to information
You may revoke your consent to the storage and use of the mentioned data by us at any time by emailing mail@hidden-heroes.net without giving any reason. However, please note that this will result in the deletion of your user postings.
You have the right to obtain information at any time about the personal data stored by you as well as the purpose of the storage. Please contact: mail@hidden-heroes.net by email as well for other questions, suggestions or comments about the subject of data protection. mail@hidden-heroes.net
Terms and Conditions
These terms and conditions are valid between Hi-Cone, a division of ITW ESPAÑA, S.A., Pol. Ind. Congost, P5, Naves 7-8-9, APDO nº7, 08530 La Garriga (Barcelona), Spain, represented by Steve Henn (President Hi-Cone Worldwide) and Hans-Juergen Meyer (Vice President, General Manager Europe-Australia-Asia-Africa), hereinafter “Hi-Cone”) as the operator of the Vitra Design Museum GmbH‘s (hereinafter “Forum”) staged online exhibition “Hidden Heroes” and every user of this offer who accepts these conditions (hereinafter “User”). Hi-Cone does not recognize the user’s adverse, deviating or additional conditions, unless, Hi-Cone recognized them in a given case explicitly and in writing in place of these conditions.
§1 Subject Matter of the Website
(1) Hi-Cone offers users the opportunity to write short postings in text format for the purpose of the forum in accordance with these terms and conditions and in connection with the “Hidden Heroes” online exhibition, to upload self-made pictures or films and/or to link to selected third party pages (together hereinafter “User postings”). -Cone provides the necessary infrastructure, technical applications and storage space for this purpose.
(2) User postings must be directly connected to one of the heroes described in the online exhibition in terms of content.
(3) Hi-Cone’s content-related participation or other influence on user postings does not take place. Hi-Cone has no knowledge whatsoever of the
content of the user postings and therefore assumes no responsibility for it whatsoever as well.
§2 Prerequisite for the usage of the forum
(1) Users are obligated to give all requested data truthfully and correctly. The user especially may not use any false names and any false email addresses. As soon as the data changes, the user must inform Hi-Cone about this in writing at mail@hidden-heroes.net.
(2) The user guarantees that the content is correct, accurate and complete which he transmits to Hi-Cone or uploads on Hi-Cone.
(3) Hi-Cone and/or its service providers are exclusively entitled to the rights to the internet portal’s design as well as the software used. Copies of the web pages may only be made for private use but not for commercial use. The web site may not be reproduced, altered, published or transmitted without the express permission of Hi-Cone.
(4) You are not allowed to place deep links in the offer’s pages without the written consent of Hi-Cone.
(5) The name and/or logo of Hi-Cone or of the Vitra Design Museum GmbH may only be used in public with written consent of Hi-Cone or Vitra Design Museum GmbH respectively.
(6) User postings may be exclusively set up for private purposes without consent from Hi-Cone but not for commercial purposes.
§3 Responsibility for Contents
(1) Hi-Cone merely opens up the possibility that users are able to set up postings in the forum. The contents of the user postings are unknown to Hi-Cone. The user therefore bears the sole responsibillity for the absence of risk of all information and data provided by and published in the forum by the user.
(2) The data and user postings set up by the user may not offend against these terms and conditions, against applicable law, or against good manners, jeopardize public policy or violate third party rights – especially trademark, names, company symbols or other trademarks, copyrights, and related protective rights and proprietary related rights, patents, utility patent, registered design, personality rights – (“illegal content”).
(3) Forbidden user postings, content and activities are especially:
• ones which are not directly connected contentwise with a “Hidden Hero” of the online exhibition;
• the setting up of pictures or films which fabricate other people
than the user or have featured other people than the user in its creation or which displays other people without the express consent of these people for concrete publication;
• any commercial advertising efforts, especially measures with the goal of the sale of a product or of the offer of a service;
• political election campaign statements;
• content which contains viruses or other programs which may interfere with a computer system or data;
• all forms of erotic, obscene or pornographic content,
especially child- violent- and animal pornography, this shall also apply to
virtual representations;
• Representations of naked people or people in unnatural sexually explicit body positions, this shall also apply to virtual representations;
• all forms of depiction of violence, especially cruel and otherwise inhumane violence against people or animals, this shall also apply to virtual representations;
• any content which offends human dignity, especially through the representation of people, who are dying or are or were exposed to severe physical or mental suffering; a consent is insignificant in this respect;
• content using swear words or other foul expressions;
• insulting, slanderous or other defamatory or discrediting utterances or representations;
• statements or representations which incite hatred against parts of the population or against a national, racial, religious group or group determined by their national traditions, prompt violence or arbitrary measures against them or offend the human dignity of others in this way, that parts of the population or an aforementioned group is berated, maliciously slurred or maligned;
• content which depicts propaganda material for the purpose of § 86 of the Criminal Code, whose content is directed against the free democratic constitutional order or thoughts of the understanding among nations;
• content which use the labels of unconstitutional organizations for the purpose of § 86a of the Criminal Code;
• content, which actions committed under the control of National Socialism in a way which is suitable to disrupt, deny or belittle the public peace;
• race baiting or war glorifying content;
• content harmful to young people or suchlike which is apparently suitable to seriously jeopardize the development of children and youth or their upbringing to be personalities who are independent and active members of the community with due regard to the special possible effects of the transmission medium;
• incitements to criminal acts or infractions or otherwise offending behavior;
• content which is illegal in the user’s country of residence; linking to web sites with one of the abovementioned contents.
(4) Without recognition of an obligation concerning this, Hi-Cone reserves the right to review content transmitted by users on a case-by-case basis for their validity, completeness, legality and absence of viruses during the presence of indications of an infringement against the above paragraphs. Moreover Hi-Cone will follow up on reports by third parties in regard to any infringement. Each user has the opportunity to bring an infringement to the attention of Hi-Cone at the email address info@hidden-heroes.net. When Hi-Cone receives a corresponding email, Hi-Cone will take all adequate measures.
§4 User Guarantees
The user guarantees that he will not violate § 3 (2) and § 3 (3) of these terms and conditions with his data with respect to Hi-Cone and the user postings set up by him on the forum, this shall also especially apply to the setting up or linking of videos. Furthermore the user guarantees that he is entitled to publish the content set up in the forum and to grant rights to Hi-Cone for the purpose of § 6 of these terms and conditions.
§5 Consequences for violations, release of Hi-Cone
(1) Provided that the suspicion exists that a user is violating these
terms and conditions or violating legal provisions in connection with the portal usage or has published illegal and/or prohibited content for the purpose of § 3 (2) and § 3 (3) of these terms and conditions, Hi-Cone is entitled to conduct an investigation. The user is obligated to furnish comprehensive particulars to Hi-Cone in this connection to inquiries by Hi-Cone. Hi-Cone is entitled to temporarily suspend or close the user postings and the user’s portal access until the end of the investigations, Whereby this temporary suspension/closure may last a maximum of 4 weeks. Hi-Cone must inform the user about the recording and the result of the investigation and to give him the opportunity to express his views. If the investigations reveal that a significant violation of the user exists, Hi-Cone is entitled to permanently remove the user postings, to permanently block access to the user and to not allow him the use of services by Hi-Cone in the future.
(2) Hi-Cone reserves the right to inform the authorities of the user’s illegal activities and to comprehensively support the prosecution of such users.
(3) The user releases Hi-Cone of all claims, which are made effective with respect to Hi-Cone by a third party due to an act or omission of the user from the user’s area of responsibility mentioned under § 3 or from the breach of a guarantee described in § 4. The release also extends to the costs of the legal defense against the third party claim, inclusive of the costs for negotiations, settlements and legal means. All continuing rights as well as claims for damages by Hi-Cone shall remain unaffected by this release.
§6 Granting of rights
(1) With regard to all data and content which the user transmits to Hi-Cone and which are designated for publication, the user grants Hi-Cone a non-exclusive, transferable, sublicensable, nonchargeable right to publish this content worldwide in the context chosen by the user and to distribute, inclusive of the publication and distribution for advertising and marketing purposes of Hi-Cone. The aforementioned right is restricted to publications and distributions of the content in the context chosen by the user.
(2) The user may cancel this license at any time in writing with regard to Hi-Cone mail@hidden-heroes.net and Hi-Cone is obligated to delete the data within a reasonable period of time from the receipt of a cancellation.
(3) In addition the user grants Hi-Cone the right to use data about the name and the country of origin which the user gave associated with the user postings set up by him in connection with his user postings.
§7 Limitation of liability by Hi-Cone
(1) Hi-Cone strives for the greatest possible availability of services, but cannot guarantee constant and flawless availability due to the idiosyncrasies and uncertainty of the internet as well as for technical reasons (server backup, maintenance, updates etc.). Interruption of operations and discontinuation of services are possible. Consequently no liability may be assumed for damages which arise from a temporary or permanent unavailability or merely limited availability of services. In particular no liability will be assumed for damages, losses or deletions of data which arise from technical malfunctions or delays, viruses or similar reasons.
(2) Hi-Cone merely opens up the possibility to set up personal details and user postings, however, assumes no liability whatsoever for this external content.
(3) Subject to the regulations in the following paragraphs, Hi-Cone is liable – for whatever legal reason – only for damages which were caused by the behavior of Hi-Cone, its legal representatives, employees or vicarious agents.
(4) For damages which were caused by reckless behavior, the liability shall be limited to such damages, with which the origin must be typically expected within the scope of the present contract. For damages which were neither caused deliberately nor by reckless behavior by Hi-Cone, its legal representatives, employees or vicarious agents, Hi-Cone is only liable, provided that a significant contractual obligation is violated. An obligation is significant which is of particular importance for the realization of the purpose of the contract or its fulfillment which in the first place enables the proper implementation of the contract and on whose adherence the user may consistently trust. In this case the limitation of liability accordingly takes effect with regard to the damage to be compensated for the purpose of clause 1 of this paragraph.
(5) The potential liability of Hi-Cone for damages from the injury of life, body or health, from the takeover of a guarantee or of a procurement risk as well as in accordance with the product liability law shall remain unaffected by the aforementioned provision.
(6) Provided that the liability of Hi-Cone is excluded or limited in accordance with the aforementioned paragraphs, this shall also be effective to the benefit of the employees of Hi-Cone during their direct utilization by a user.
§8 Data protection
(1) Hi-Cone commits itself during the elicitation, processing and usage of the user’s personal data to consider the legal provisions for data protection, especially the Federal Data Protection Act (BDSG) and the German Teleservices Act (TMG), and to store, to process and to pass on the user's personal data exclusively for the purposes specified in the data
protection provisions.
(2) Apart from that reference is made to Datenschutzbestimmungen by Hi-Cone, from which the scope, manner, and purpose of the elicitation, processing and usage of personal user data is revealed.
§9 Jurisdictional venue/ applicable law
(1) The law of the Federal Republic of Germany shall be exclusively applicable on the legal relationships between the user and Hi-Cone to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) from April 11, 1980.
(2) The exclusive jurisdictional venue is Hamburg, provided that the
user is a merchant.
§10 Miscellaneous
(1) Provided that Hi-Cone neither asserts a claim against a user for a violation of this agreement by the user nor asserts other rights, this has no influence on the right of Hi-Cone, to assert the corresponding claims and other rights for a further violation.
(2) Alterations and amendments of these terms and conditions, subsidiary agreements, declarations or other agreements require the written form for their effectiveness. This is also holds for the alteration of this written form clause.
(3) Should a provision of these terms and conditions be or become void in whole or in part, then this does not affect the validity of the remaining provisions. A void provision shall be replaced by such a provision that is legally possible and which comes closest to the void provision in terms of content and which most closely corresponds to the well understood economic interests of the parties to the contract in the void provisions. The same holds for potential gaps in the provisions of the agreement.