Preamble

This service (hereinafter: “App”) is provided by Reflex Winkelmann GmbH, Gersteinstrasse 19, 59227 Ahlen, represented by the managing directors, Dr. Stefan Odenthal (CEO), Alexander Eick (COO), Dr. Christian Gerbaulet (CFO) and Volker Mauel (CSO) (hereinafter “we” or “us”) as the controllers within the meaning of the relevant data protection law.

Within the scope of the App we enable you to call up and display the following information: [Operation, control and analysis of Reflex systems such as Servitec Mini, Servitec S, Reflexomat XS When the App is used, your personal data is processed by us or the app store provider. Personal data means any information relating to an identified or identifiable natural person.

Because the protection of your privacy when you use the App is important to us, we would like to inform you below which personal data we or the app store provider process when you use the App and how we handle this data. Furthermore, we inform you about the legal basis for processing your data and, if the processing is necessary to protect our legitimate interests, also about our legitimate interests.

1. Information about processing your data

Certain information is automatically processed as soon as you use the App. We have listed for you below exactly which personal data is processed:

1.1 Information, which is collected when the App is downloaded

When you download the App, certain required information is transmitted to the app store you have selected (for example Google Play or Apple App Store), in particular the user name, email address, customer number of your account, the time of the download, payment information and the device identification number may be processed at this time. The processing of this data is carried out exclusively by the respective app store and is outside of our sphere of influence.

1.2 Information, which is automatically collected

Within the scope of your use of the App, we automatically collect certain data which is required for the use of the App. This includes: internal device ID, version of your operating system, time of the access.

We also need access to your device location so that your smartphone and the Reflex system can establish Bluetooth Low Energy communication. When you make an enquiry, we also collect your current location via GPS in order to be able to quickly give you information about your immediate surroundings. Data about your location is only used to process your enquiry. Your location data is transmitted via an encrypted connection. Your location data is anonymised after your enquiry is finished and analysed to improve our service.

This data is automatically sent to us but not stored, (1) in order to provide you with the service and the associated functions; (2) to improve the functions and features of the App and (3) to prevent and remedy abuse and malfunctions. This data processing is justified because (1) the processing is required to fulfil the contract between you, as the data subject, and us in accordance with Art. 6 (1) b of the GDPR for the use of the App, or (2) we have a legitimate interest in ensuring the functionality and fault-free operation of the App and being able to provide a service which is in line with the market and interest, which in this respect overrides your rights and interests in the protection of your personal data in accordance with Art. 6 (1) f of the GDPR.

1.3 Use of the App

Within the scope of the App, you can enter, manage and process various information, tasks and activities. In particular, this information comprises data about the operation of Reflex systems [setting of individual degassing times, such as day of the week and time; display of fault messages].

The processing and use of usage data is carried out to provide the service. This data processing is justified because the processing fulfils the contract between you, as the data subject, and us in accordance with Art. 6 (1) b of the GDPR for the use of the App.

1.4 Analysis and monitoring

Data is collected, processed and stored in this application with technology from Google Analytics for Firebase (https://firebase.google.com) for marketing and optimisation purposes. User profiles can be created under a pseudonym from this data. The collected data is not used to identify you personally or merged with your personal data without your separate consent.

This service is provided by the American company, Google Inc. or, for the European region, by the company Google Ireland Limited and the data is processed accordingly in the USA. Since data processing in the USA does not guarantee a reasonable level of protection, Google uses the so-called standard contractual clauses. This means that Google undertakes to comply with the European level of data protection. You can find more information on this in the privacy policy on Google’s website.

The processing and use of this user data is carried out for analysis purposes. The user data is pseudonymised for this purpose, i.e. it is not traced back to you personally. This data processing is carried out on the basis of your consent in accordance with Art. 6 (1) a of the GDPR.

2. Sharing and transfer of data

Apart from the cases referred to explicitly in this Privacy Policy, your personal data will only be shared without your express prior consent if it is permitted or required by law. This may be the case, for example, if the processing is necessary in order to protect the vital interests of the user or another natural person.

2.1

The data that you enter when you register will be shared within our group of companies, Reflex Winkelmann, in so far as is necessary for internal administrative purposes, including joint customer support.

Any possible disclosure of your personal data is justified because we have a legitimate interest in disclosing the data for administrative purposes within our group of companies and your rights and interests in the protection of your personal data within the meaning of Art 6 (1) f of the GDPR are not overriding.

2.2

If it is necessary to clarify unlawful use or abuse of the App or for prosecution, personal data will be passed on to the prosecution authorities or other authorities and, if applicable, to injured third parties or legal advisers. However, this will only happen if there are indications of unlawful or abusive conduct. Data may also be shared if this serves to enforce terms of use or other legal rights. Furthermore, we are obliged by law to give information to certain public offices on request. These are prosecution authorities, authorities who prosecute for administrative offences which entail a fine and the tax authorities.

Any possible disclosure of personal data is justified because (1) the processing is necessary to fulfil a legal obligation, which we are subject to in accordance with Art. 6 (1) f of the GDPR in conjunction with national legal provisions on the disclosure of data to prosecution authorities, or (2) we have a legitimate interest in disclosing the data to the aforementioned third parties if there are any indications of abusive conduct or to enforce our terms of use, other terms and conditions or legal claims and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f of the GDPR are not overriding.

2.3

We depend on affiliated companies in the Reflex Winkelmann Group and third-party companies and external service providers to render our service.

Any possible disclosure of your personal data is justified because (1) we have a legitimate interest in disclosing the data for administrative purposes within our group of companies and your rights and interests in the protection of your personal data within the meaning of Art 6 (1) f of the GDPR are not overriding and (2) we have carefully selected our third-party companies and external service providers as data processors, regularly review them and place them under obligation to only process any personal data in accordance with our instructions within the scope of Art. 28 (1) of the GDPR.

2.4

In the context of our ongoing business development, it may be that the structure of our company changes in that the legal form is changed, subsidiaries, business units or integral parts are established, bought or sold. In the event of such transactions, customer information is passed on together with the part of the company which is being transferred. If any personal data is shared with third parties in the context described above, we ensure that this occurs in accordance with this Privacy Policy and the applicable data protection law.

Any possible sharing of your personal data is justified because we have a legitimate interest in adapting the form of our company to the economic and legal situation if necessary and your rights and interests in the protection of your personal data within the meaning of Art 6 (1) f of the GDPR are not overriding.

3. Data transfers to third countries

If we process data in a third country (i.e. outside of the European Union (EU) or the European Economic Area (EEA)), or this occurs within the scope of using third party services or the disclosure or transfer of data to third parties, this will only happen if it is to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permission, we only process the data, or have the data processed, in a third country if the specific conditions under Art 44 et seq of the GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees and compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

4. Changes in purpose

The processing of your personal data for reasons other than those described will only be carried out if a legal provision so allows or if you have given your consent to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you before such further processing about these other purposes and provide you with all of the pertinent information.

5. Duration of data storage

We delete or anonymise your personal data as soon as it is no longer required for the purposes for which we have collected or used it according to the above clauses. If the data is not deleted, because it is required for other and legally permissible purposes, then the processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data which must be kept for commercial or tax law reasons. According to the statutory provisions in Germany, data is stored in particular for 10 years in accordance with Section 147 (1) of the Tax Code (AO), Section 257 (1) no. 1 and 4 (4) of the German Commercial Code (HGB) (books, records, progress reports, accounting records, trading books, paperwork relevant to taxes, etc.) and 6 years in accordance with Section 257 (1) no. 2 and 3, (4) of the Commercial Code (commercial correspondence).

Specific information in this Privacy Policy or statutory provisions on the storage and deletion of personal data, in particular such that we must store for tax reasons, remains unaffected.

6. Your rights as the data subject

6.1 Right of access

You have the right to obtain information from us at any time about your personal data, which we have processed, within the scope of Art 15 of the GDPR. You may send us an application in this respect by post or email using the address below.

6.2 Right to rectification of inaccurate data

You have the right to request that we rectify your personal data without undue delay if it is inaccurate. To do so, please contact us using the details below.

6.3 Right to erasure

You have the right to request that we erase your personal data under the conditions described in Art. 17 of the GDPR These conditions stipulate a right to erasure in particular if the personal data is no longer needed for the purpose for which it was collected or processed in other ways, and in cases of unlawful processing, the existence of an objection or an obligation to erase in accordance with EU law or the law of the Member State that we are subject to. Please also refer to Section 5 of this Privacy Policy regarding the duration of data storage. In order to exercise your right to erasure, please contact us at the addresses below.

6.4 Right to restriction of processing

You have the right to request us to restrict processing in accordance with Art. 18 of the GDPR. This right applies in particular if the accuracy of the personal data is disputed between the user and us, for the period of time required for verifying the accuracy and in cases in which the user has the right to request erasure but requests restricted processing instead; furthermore, it applies in cases in which the data is no longer required for the purposes pursued by us but the user needs it to establish, exercise or defend legal claims if the successful exercise of an objection is still disputed between us and the user. In order to exercise your right to restriction of processing please contact us using the addresses below.

6.5 Right to data portability

You have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine readable format in accordance with Art. 20 of the GDPR. In order to exercise your right to data portability, please contact us at the addresses below.

7. Right to object

You have the right to object at any time to the processing of your personal data, which is carried out on the basis of Art. 6 (1) e or f of the GDPR, in accordance with Art. 21 of the GDPR. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves to establish, exercise or defend legal claims.

8. Right to lodge a complaint

Furthermore, you have the right to lodge a complaint with a supervisory authority. The competent supervisory authority for us is the Data Protection and Freedom of Information Office for the state of North Rhine Westphalia:

Die Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen,

Postfach 20 04 44, 40102 Düsseldorf, Germany

Kavalleriestrasse 2-4, 40213 Düsseldorf, Germany

Tel. +49 (0)211 38424 - 0, Fax: +49 (0)211 38424 - 10,

Email: poststelle@ldi.nrw.de

9. Contact

Should you have any questions or comments regarding the way we handle your personal data or if you would like to exercise the rights referred to in Sections 6 and 7 as a data subject, please contact the Reflex Marketing Department

Reflex Winkelmann GmbH
Gersteinstrasse 19
59227 Ahlen
Germany
Phone: +49(0) 2382 7069-0
Email: marketing@reflex.de

You can contact our Data Protection Officer on the following details:

Aviatics Cost & Safety Management GmbH & Co. KG
Niederlassung Düsseldorf
Kieshecker Weg 148
40468 Düsseldorf
Germany
Email: datenschutz@aviatics.de

10. Amendments to this Privacy Policy

We always keep this Privacy Policy up to date. Therefore, we reserve the right to amend it from time to time and to execute changes in the collection, processing or use of your data.

Last revised: December 2022

Preamble

Reflex Winkelmann GmbH, Gersteinstrasse 19, 59227 Ahlen, telephone +4923827069-0, as the manufacturer and licensor (hereinafter the “licensor”), grants you, the user and the licensee (hereinafter the “licensee”), the right to use the Reflex Control Smart app (hereinafter the “app”) in accordance with these end customer terms of use (hereinafter the “terms of use”) for simplified operation of the Servitec Mini vacuum spray-tube degassing unit and the Reflexomat, Variomat and Servimat dynamic pressure maintenance systems (hereinafter the “systems”). Alternatively, the systems can be operated with the user manual in the product descriptions.

§ 1 Subject and scope of the terms of use

1. The subject of these terms of use is the granting of rights of use for the licensor’s app to the licensee for the systems of the licensee and regulation of use of the functions provided in the context of the app. The app may be used in the context of operation of the licensee's systems. Further technical requirements, suitable equipment and installation instructions can be found here in the product descriptions.

2. Installation and use of the app are free of charge. Use of the application requires no registration and no password. Use requires agreement with the Reflex Control Smart privacy statement.

3. The app consists of the app object code as provided by the licensor for the respective terminal used (via a platform such as iTunes or Google Play where appropriate) for downloading and installation.

4. These terms of use apply both to consumers and entrepreneurs, insofar as this is not explicitly regulated in a different manner. A consumer is any natural person who concludes a legal transaction for purposes that, predominantly, cannot be related to the consumer’s commercial or independent professional activities (Section 13 of the German Civil Code (§ 13 BGB)). An entrepreneur is a natural or legal person or a legal partnership that acts during conclusion of a legal transaction in the exercise of its commercial or independent professional activities (Section 14 (1) of the German Civil Code (§ 14 Abs. 1 BGB)).

§ 2 Updates

1. The licensor provides updates for the app and, via the system, the firmware of the communications component, meaning the interface of the licensee's system to the internet, (hereinafter “updates”) for installation to ensure the security of the app or take into account a change in the functions of the app and adapt it to advancing technical development. The licensor may, at its discretion, adapt the functionality of the app without a special announcement, but without significantly limiting its functionality. The licensor shall announce adaptations of this kind in advance to the licensee. The licensor recommends that updates always be installed in a timely manner. The licensor can terminate this agreement if the licensee also fails to install updates after a reminder is sent in the app and to the licensee’s email address.

2. The licensee is not entitled to the provision of updates to expand functionality.

3. The licensee accepts that the licensor only maintains the current status of the app at all times. The licensor reserves the right to discontinue the app and terminate this agreement on expiration of the contractual warranty for purchase of the system or retrofitting with an internet interface.

§ 3 Granting of rights of use, availability

1. The licensor grants the licensee non-exclusive rights of use for the respective app. Rights of use are granted for use of the app in accordance with these terms of use for own purposes in connection with Reflex products.

2. Rights of use are granted under the following conditions:

- The licensee acknowledges the authorship of the licensor and, in particular, does not modify or eliminate copyright notices;

3. The licensee does not modify and/or decompile the app (the licensee's powers as contained in Sections 69d and 69e of the German Copyright Act (§§ 69d & 69e UrhG) remain unaffected).

4. Insofar as the licensor permits the transfer of rights of use by the licensee to a third party, the licensee shall ensure that the third party also accepts these terms of use and enters into all rights and obligations arising from these.

§ 4 Supported terminals and supported hardware and software

1. The licensor provides the licensee with the app for its intended use on a terminal supported for this purpose. The terminal device must use at least Bluetooth 4.0, Android software version 5.0 or Apple iOS software version 10.0.

2. The system and software requirements specified by the licensor must be observed in the current form stipulated in § 4.1 for use of the app. Software programs and services of third-party manufacturers with which the app is to interact may only be used after approval by the licensor. Compliance with system requirements is the sole responsibility of the licensee. Questions concerning interoperability should be forwarded to the licensor.

§ 5 Warranty

1. The app is configured by the licensee on its own responsibility in accordance with the current accompanying materials provided with the system.

2. The functions provided through the app are free of material defects if they perform the functions contained in the currently valid product descriptions which can be found here or that have been agreed separately. The licensor assumes no guarantee for compliance of the app functions with the requirements of the licensee.

3. The prerequisite for liability for defects regarding the app functions is the reproducibility of the defect. The licensee must adequately describe the defect. If the app provided by the licensor is defective, the defect shall be remedied by the licensor within a reasonable period of time through repair of the app, provided the cost of repair is within reasonable limits. If repair fails, the licensee must operate the system using the user manual. A reduction or withdrawal from the purchase contract for the system are excluded.

4. The licensee must support the licensor in a reasonable manner in identifying a defect (e.g. through paper printouts, screenshots or error descriptions).

5. Force majeure events (including strike, lock-out and similar circumstances, insofar as these are unforeseeable, serious and non-culpable) which make performance significantly more difficult or impossible for the licensor entitle the licensor to postpone fulfilment of the obligations for the duration of the hindrance and a reasonable start-up time.

§ 6 Liability

1. The licensor is liable without limitation if damage is caused intentionally or through gross negligence by the licensor, its legal representatives or its vicarious agents. In addition, the licensor is liable without limitation for injury to life, limb or health. Moreover, the licensor is liable for guaranteed app functions within the legal framework according to mandatory laws, particularly the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) and Product Safety Law (Produktsicherheitsgesetz – ProdSG).

2. In addition, the licensor is liable in the case of a slightly negligent breach of obligations where the fulfilment of these makes the proper performance of the contract possible in the first place and on compliance with which the contractor can regularly rely (major obligations), but only to the level of damage typically predictable on conclusion of the contract. Liability is excluded in other cases of slight negligence.

3. The licensor shall not be liable for any damages arising from any erroneous setting, operating error or improper operation of the licensee or use of any equipment that does not comply with the system and safety requirements where these are not the responsibility of the licensor. Operating errors of the licensee have in particular occurred if the licensee has ignored app warning messages. The resulting damage, in particular to the system, must be repaired by the licensee at its own expense.

4. The licensor is not liable for any further costs arising from use of the app (in particular costs due to mobile data transmissions, including data roaming costs). This exclusion of liability does not apply if the licensor is guilty of gross negligence or intent.

§ 7 Extraordinary right of termination, amendments

1. The licensor may terminate this agreement for an important reason, particularly in the case of a serious violation of these terms of use or any copyrights to the app, or in the event of discontinuation of the app by the licensor.

2. The terms of use may, at the licensor's sole discretion, be amended or supplemented to an extent reasonable for the licensee. In this case, the licensee must agree to the amended terms of use before using the app.

§ 8 Final provisions

1. If individual terms of use of this agreement are or become ineffective, a provision shall be substituted for them which comes as close as possible to the economic purpose of the ineffective provision. Should a single term of use be or become ineffective, the validity of all other terms of use or this agreement as a whole shall not be affected.

2. German law applies. The place of jurisdiction is Münster, Westphalia, insofar as the licensee is a merchant, a legal entity under public law or a special fund under public law.

Version: Ahlen, August 2018