Device Access EU
PRIVACY STATEMENT

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3. Copyright notice

3.1 Copyright (c) 2018 Device Access.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) Stream audio and video files from our website; and

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own business and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may circulate our company brochure.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

6. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Breaches of these terms and conditions

8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

9. Variation

9.1 We may revise these terms and conditions from time to time.

9.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

9.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

10. Assignment

10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

11. Severability

11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Third party rights

12.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

12.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

13. Entire agreement

13.1 Subject to Section 12.1, these terms and conditions, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

14. Law and jurisdiction

14.1 These terms and conditions shall be governed by and construed in accordance with English law.

14.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

15. Our details

15.1 This website is owned and operated by Device Access.

15.2 We are registered in England and Wales under registration number 07257316, and our registered office is at Device Access UK Ltd, Kenneth Dibben House, Enterprise Rd, Chilworth, Southampton Science Park, Southampton SO16 7NS, UK.

15.3 Our principal place of business is at Device Access UK Ltd, Kenneth Dibben House, Enterprise Rd, Chilworth, Southampton Science Park, Southampton SO16 7NS, UK.

15.4 You can contact us:
(a) by post, to the postal address given above;
(b) by email, using the email address published on the Contact Us page of our website.

We welcome you to our website. We would like to inform you about the management of your personal data.
CONTROLLER
The controller responsible for the data collection and processing is IGES Institut GmbH, Friedrichstraße 180, 10117 Berlin.
STORAGE OF YOUR IP ADDRESS
We store the IP address transmitted by your web browser for a period of seven (7) days, strictly for the purpose of identifying, restricting and eliminating attacks on our website. After seven (7) days, we delete or anonymise your IP address. The legal basis for the processing of this personal data is provided for in Art. 6 para. 1 s. 1 lit. f GDPR.
USAGE DATA
When you visit our website, the data collected from the use of the website is temporarily stored on our web server for statistical purposes in the legitimate interest of improving the quality of our website. The legal basis for the processing of this personal data is provided for in Art. 6 para. 1 s. 1 lit. f GDPR. This data set contains:
  • the IP address of the requesting computer shortened to such an extent that no reidentification of any persona data is possible.
  • the name of the data file,
  • the date and time of the query,
  • the amount of data transferred,
  • the page, from which the data is requested
  • the access status (file transmitted, file not found),
  • a description of the type of browser and operating system used (e. g. browser language, image resolution, type of browser, plugins),
The listed usage data is stored anonymously.
GOOGLE ANALYTICS

We use Google Analytics to create pseudonymous user profiles for improving and designing our website on demand. Google Analytics uses “cookies”, which are text files placed on your end device and can be read by us. In this way, we are able to recognize and count returning visitors. This data processing is carried out on the basis of Art. 6 para. 1 s. 1 lit. f GDPR and in the interest of finding out how often our website is viewed by different users.

The information generated by the cookies about your use of the website will be transmitted to and stored by Google on its servers in the United States. We have activated IP-anonymisation on this website, your IP address will be truncated within the area of Member States of the European Union. Only in exceptional cases is the whole IP address transferred to a Google server in the USA and truncated there (an adequate level of data protection is ensured according to Art. 45 para. 1 GDPR because Google is a participant in the Privacy Shield Agreement). We have also concluded a contract with Google Inc. (USA) for data processing on behalf pursuant to Art. 28 GDPR. Accordingly, Google will solely use collected data for the purposes intended, which are to evaluate the use of the website and to compile reports on website activities.

You can withdraw your consent to the processing at any time. Please use one of the following options:

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you proceed accordingly you may not be able to benefit from the full functionality of this website.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en-GB).

As an alternative to opting out from being tracked by Google Analytics you can also click the following link. An opt-out cookie will be stored, which means that no web analysis will take place as long as the opt-out cookie is stored by your browser.

CONTACT
We transfer your data to service providers who support us in the operation of our website and the associated processes. This transference is made under the scope of a data processing agreement in accordance to Art. 28 GDPR. Our service providers are bound to us by strict instructions and contractual obligations.
In some cases, we may transfer personal data to third countries outside the EU. In each case, we ensure an appropriate level of data protection according to European standards. In the case of Google Analytics (USA), an appropriate level of data protection is ensured by the corresponding participation in the Privacy Shield Agreement (Art. 45 para. 1 GDPR).
YOUR RIGHTS AS A USER

You have the right to obtain confirmation whether or not personal data concerning you is being processed, and, where that is the case access to the personal data and the information specified in Art. 15 GDPR. You also have the right to obtain an erasure of the personal data concerning you, if one of the reasons listed in Art. 17 GDPR applies.

In certain situations, listed in Art. 20 GDPR, you have the right to data portability. If the data is processed pursuant to Art. 6 para. 1 s. 1 lit. f GDPR (data processing for the purposes of the legitimate interests), you have the right to object to the processing at any time for reasons arising out of your particular situation. We will then no longer process personal data, unless there are demonstrably compelling legitimate grounds for processing, which override the interests, rights and freedoms of the person concerned, or the processing serves the purpose of asserting, exercising or defending legal claims. You have the right to lodge a complaint with a supervisory authority

Contact Details of the Data Protection Officer

Please contact our data protection officer if you have any further questions regarding data protection, e. g. per E-Mail datenschutz@iges.com or per letter to datenschutz nord GmbH, Konsul-Smidt-Straße 88, 28217 Bremen, Germany or per telephone 0421 69 66 32 0.

Contact us