abl social federation GmbH
Phone: 0911 477 157-0
Fax: 0911 477 157-99
abl social federation GmbH
Am Studio 2a
Phone: 030 2096 743-0
Fax: 030 2096 743-99
Managing Director: Benjamin Akinci
Office: 90411 Nuremberg
Amtsgericht Nürnberg HRB 33639
VAT ID no.: DE290197646
Bundesnetzagentur – register number 14/060
(Listed telecommunications provider)
You can reach our technical hotline from 8-18 o’clock by telephone at 0911 477 157-77as well as by email to firstname.lastname@example.org
Liability for content
The contents of our pages have been created with the greatest care. However, we cannot assume any liability for the correctness, completeness and topicality of the contents. As a service provider, we are responsible for our own content on these pages in accordance with § 7(1) of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obliged as service providers to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete violation of any laws. Once we become aware of such violations of the law, we will remove these contents immediately.
Liability for links
Our website contains links to external websites of third parties the content of which we have no influence over. Therefore, we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal infringements at the time of linking. Illegal content was not detectable at the time of linking. However, permanent monitoring of the content of the linked pages is unreasonable without concrete evidence of a violation of the law. Should we become aware of any infringements, we will remove such links immediately.
The contents and works created by the site operators on these pages are subject to German copyright law. Duplication, editing, distribution and any kind of use outside the limits of copyright law require the written permission of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. As far as this site’s content was not produced by the operator, the copyrights of third parties are respected. The contents of third parties are especially labelled as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Should we become aware of any infringements, we will remove any related content immediately.
1. Name and contact details of the controller responsible for the processing and the company data protection officer
This data protection information applies to data processing by:
abl social federation GmbH
Phone: 0911 477 157-0
Fax: 0911 477 157-99
The company data protection officer of abl social federation GmbH can be contacted at the above-mentioned address, c/o Mr Michael Schobert, or at email@example.com.
2. Collection and storage of personal data as well as type and purpose of their use
a) During the site visit
When you visit our website https://www.abl-solutions.com/, the browser on your device automatically sends information to the server on our website. This information is temporarily stored in a so-called log file. The following information is recorded without any action by you and stored until it is automatically deleted:
- IP address of the requesting computer,
- date and time of the access,
- name and url of the retrieved file,
- website from which access is made (referrer URL),
- the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The mentioned data are processed by us for the following purposes:
- Ensuring a smooth connection of the website,
- Ensure comfortable use of our website,
- Evaluation of system security and stability as well as
- further administrative purposes.
The legal basis for data processing is art. 6 para. 1 line 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
Using our contact sheet please consider these points.
In the case of any questions, we provide the possibility to contact us over our website via contact sheet. For this purpose, one has to fill in a valid email address, to get back in touch with the right person.
Further Information can be filled in optional.
The data processing is only for the use of contacting you according to EU-DSGVOArt. 6 Abs. 1 S. 1 lit. a, based on your voluntary consent.
The personally identifiable data we processed to provide the use of our contact sheet will be deleted automatically after your inquiry is closed.
OCMP Demo Account
The creation of your demo account requires the disclosure of personal data. By creating the demo account, you agree that we process your data to provide the service. Your data will be transferred to the internal ticket system in order to complete your registration.
Your personal data will be automatically deleted six weeks after creating your account if no further cooperation is established. The demo account will automatically be deactivated after four weeks.
You can request our newsletter via your account. For this purpose, your data will be forwarded to the service provider rapidmail GmbH (Augustinerplatz 2, 79098 Freiburg). The newsletter can be unsubscribed at any time.
3. Sharing of data
Your personal data will not be transmitted to third parties for purposes other than those listed below.
We only share your personal data with third parties if:
- you have explicitly provided your permission as per art. 6(1) line 1 lit a GDPR,
- the disclosure pursuant to art.6 para. 1 sentence 1 f GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
- there is the circumstance, that a legal obligation to disclose exists pursuant to art. 6 para. 1 line. 1 lit. c GDPR, and this
- is legally permissible and required as per art 6 para. 1 line 1 lit b GDPR to process the contract with you.
Information is stored in the cookie that results in each case a connection is made with the specifically used terminal device. However, this does not mean that we immediately become aware of your identity.
In addition, we also use temporary cookies that are stored on your end device for a specified period of time to optimize user-friendliness. If you visit our site again to use our services, it will automatically recognize that you have already visited us and what entries and settings you have made so that you do not have to enter them again.
The data processed by cookies are used for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with art. 6 para. 1 line 1 lit. f GDPR.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is generated. However, the complete deactivation of cookies may mean that you cannot use all functions of our website.
5. Analysis tools
a) Tracking tools
The tracking measures listed below and used by us are based on art. 6 para. 1 line 1 lit. f GDPR. With the tracking measures used, we want to ensure that our website is designed to meet demands and is continually optimized. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
i) Google Analytics
We use Google Analytics, a web analysis service provided by Google Inc. (https://www.google.com/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, anonymized user profiles are created and cookies (see section 4). are used. The information generated by the cookie about your use of this website such as
- browser type/version,
- operating system used,
- referred url (previously visited site)
- host name of the requesting computer (IP address),
- time of the server request are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and the Internet for the purposes of market research and demand-oriented design of these websites. This information may also be shared with third parties if so required by law or if third parties process this data on behalf of the company. Under no circumstances will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this Link. An opt-out cookie is set to prevent future collection of your data when you visit this website. The opt-out cookie is only valid for this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
For more information on data protection in connection with Google Analytics, please visit Google Analytics Help (https://support.google.com/analytics/answer/6004245)
ii) Google Adwords Conversion Tracking
We also use Google Conversion Tracking to statistically record and evaluate the use of our website for the purpose of optimizing it for you. Google Adwords sets a cookie (see point 4) on your computer if you have accessed our website via a Google ad.
These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user has clicked on the ad and has been redirected to this page.
Each Adwords customer receives a different cookie. Therefore, cookies cannot be traced via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that personally identifies users.
6. Rights of persons affected
You have the right:
- as per art. 15 GDPR to request information about your personal data processed by us. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;
- as per art. 16 GDPR to demand without delay the correction of incorrect or completion of personal data stored by us;
- as per art. 17 GDPR to request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- as per art. 18 GDPR to restrict the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to delete it and we no longer need the data, but if you need it to assert, exercise or defend legal claims or if, in accordance with art. 21 GDPR you have lodged an appeal against the processing;
- as per art. 20 GDPR to receive your personal data that you have provided to us in a structured, current and machine-readable format or to request the transmission to another person responsible;
- as per art. 7 para. 3 GDPR to revoke your consent once given to us at any time. As a result, we will no longer be permitted to continue processing data based on this consent in the future and
- as per art. 77 GDPR complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our administrative headquarters.
7. Right to object
If your personal data is based on legitimate interests is processed in accordance with art. 6 (1) line 1 lit. f GDPR, you have the right, in accordance with art. 21 GDPR to object to the processing of your personal data if there are reasons for this which arise from your particular situation or if the objection is directed against direct advertising. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation.
If you wish to exercise your right of revocation or objection, simply send an e-mail to firstname.lastname@example.org.
8. Data security
We use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. Usually this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use a 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form is indicated by a closed key or lock symbol in the lower status bar of your browser.
We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
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The company abl social federation GmbH, represented by General Manager Benjamin Akinci, Klingenhofstraße 52, 90411 Nuremberg, District Court of Nuremberg, HRB 33639 (hereinafter called “abl”), provides “managed hotspot” and “digital marketing” services. In that respect, it provides the operator/contractual partner the required hardware, software and services as per the contract. The following General Terms of Business apply to the ordering, transfer and use of hardware, software and abl services.
abl offers the following services/products:
- “abl hotspot”: Pre-configured access point that enables wireless or wired access to the internet or other networks for a certain number of customers (hereinafter “User”).
- “abl beacon”: Pre-configured beacon that provides position-related actions via Bluetooth Low Energy services (hereinafter “BLE Services”).
- “abl digital signage”: Pre-configured digital signage board and/or media player that shows digital and interactive information on displays.
- “abl OCMP”: Omni-channel marketing portal that displays the configuration and analysis interface for the aforementioned products/services.
1. Object of the Contract
1.1. abl hotspot:
In accordance with the contractual agreement, abl rents or sells its users the “abl hotspot”, a pre-configured access point and, where applicable, switches and firewalls for providing wireless and/or wired internet and/or network access. The object of the contract particularly includes maintenance of the provided hardware and software during the entire contract term.
1.2. abl beacon:
In accordance with the contractual agreement, abl rents or sells its users the “abl beacon”, a pre-configured beacon for providing BLE services via the emitted universally unique identifier (hereinafter “UUID”).
1.3. abl digital signage:
In accordance with the contractual agreement, abl rents or sells its users the “abl digital signage”, pre-configured digital signage boards and the accompanying player for providing digital content. The object of the contract particularly includes maintenance of the provided hardware and software during the entire contract term.
1.4. abl OCMP:
In accordance with the contractual agreement, abl provides its users the “abl OCMP”, an omni-channel marketing portal for analyzing the aforementioned abl products. The object of the contract particularly includes maintenance of the provided software during the entire contract term.
2. Specific Services by Abl
Annex 1 and available in this link https://www.abl-solutions.com/files/sla_standard.pdf. If there is a defect for which the operator is responsible, abl shall reserve the right to charge a replacement fee consisting of up to six months’ rent. Any travel or worktime shall remain unaffected.
2.4. Business disruptions that occur through no fault of abl shall exempt the same from the delivery obligation for the duration of the disruption.
2.5. abl is not obligated to personally render the contractual services. abl is entitled to assign all services–related to the fulfillment of obligations toward operators and related to the fulfillment these contracts, particularly ongoing service and maintenance obligations, including device replacement, etc.–to third-party service providers, permanently outsource them to subcontractors or otherwise transfer or have them executed by a third party. The parties to the contract, particularly their rights and obligations, shall remain unaffected–without an individual contract adjustment/transfer–in spite of the hiring of other service providers. The operator shall remain obligated and entitled solely toward abl. abl furthermore shall have the right to transfer its current and future–including conditional or limited–claims arising from this rental contract with the operator–particularly for refinancing, factoring, etc. purposes–to third parties (e.g. banks, leasing companies, other financial institutions), including for independent and direct collection from the operator.
2.6. abl hotspot:
2.6.1. For technical reasons, a certain transfer speed along with continuous, uninterrupted, error-free provision cannot be claimed/promised. This depends on factors, such as the number of users and the network load of the internet backbone. See also Clause 3.1.
2.6.2. abl shall temporarily limit services if it is necessary with regard to capacity limits, the security or integrity of the server or for performing technical measures and if it serves to provide the services properly or in an improved manner (maintenance work). abl shall also reserve the right to replace the devices during the contract term for maintenance reasons.
2.6.3. abl may limit internet access at its discretion and on behalf of the operator to prevent infringements, e.g. by specifying user limits.
2.6.4. The parties agree that the configuration of the login process and the access points are the sole responsibility of abl and, in this respect, abl also has the right to set additional provisions such as technical and commercial measures. This particularly applies to advertising publications and the technical implementation of security measures as well.
2.7. abl beacon:
2.7.1. In accordance with the contractual agreement, abl provides the operator with abl beacons, either with a power supply, power connector or batteries. abl is not obligated to change the batteries or check their condition during the contract term. Please note that a low battery level may limit the range or Bluetooth service.
2.7.2. abl shall have the right to replace the devices during the contractual term.
2.7.3. abl shall bear no responsibility for third-party software developments kits (SDK/APP) and their use by the operator.
2.8. abl digital signage:
2.8.1. For technical reasons, continuous, uninterrupted, error-free provision cannot be guaranteed. This depends on factors such as the power supply and the installation of hardware.
2.8.2. abl reserves the right to replace the devices during the contract term for maintenance reasons.
2.9. abl OCMP:
2.9.1. Due to technical reasons, uninterrupted, error-free availability of the “abl OCMP” cannot be guaranteed.
2.9.2. abl shall temporarily limit services if it is necessary with regard to capacity limits, the security or integrity of the server or for performing technical measures and if it serves to provide the services properly or in an improved manner (maintenance work).
2.9.3. The usernames provided by abl are only created upon explicit commissioning by an authorized signatory. abl is not responsible for verifying the legality of usage within the usernames commissioned by the operator.
3. Usage Requirements/Duties of the Operator
3.1 “abl hotspot” Usage Requirements
3.1.1. An internet connection with a minimum speed of 16 Mbit (asynchronous) or higher is required to smoothly operate the “abl hotspot”. Frequent use and thus, an increased load on the respective “abl hotspot” may cause decreases in performance and speed if the speed is not adapted to the expected usage behavior. For this reason, abl recommends a standalone 25 or 50 Mbit/s (asynchronous) internet connection along with a sufficient number of access points. It should be explicitly noted that abl shall bear no responsibility if a lower connection speed and/or an insufficient number of access points are used.
If the operator does not operate their own internet connection upon contract conclusion, they may solicit one via abl. abl shall assume no liability for the functionality of the internet connection. The operator shall bear the cost of the internet connection.
The operator may not bill the users for any costs related to the use of the “abl hotspot”.
3.1.3. Additional network access requirements for the WLAN network, such as entering an e-mail address or location marking, can be specified between abl and the operator. If these usage requirements are not configured via “abl OCMP”, they shall be specified by an additional agreement.
3.1.4. Various interfaces can be stipulated between abl and the operator. The user requires an active Facebook account to use WLAN access via the Facebook interface. Requirements for other, personalized interfaces must be attached to the contract as a special agreement.
3.1.5. In addition, a ready-to-use, WLAN-capable device is required to use the “abl hotspot”. Furthermore, a suitable operating system, web browser, updated WLAN driver software and the corresponding IP network protocol must be installed.
3.1.6. By selecting the “abl hotspot” and connecting to the same, an agreement is created between the operator and the “abl hotspot” user regarding the use of the “abl hotspot” that is customized for the operator.
3.2. “abl beacon” Usage Requirements
3.2.1 Integration of the software development kit (hereinafter called “SDK“) is required for use. The specific SDK depends on the beacon hardware used and the extent of the functionality. The necessary information for integrating the SDK shall be provided to the operator no later than upon contract conclusion.
3.2.2. To interact with an “abl beacon”, the user must both have Bluetooth enabled on their device and have installed the mobile application of the operator, which includes the SDK.
3.2.3. The “abl beacon” is a passive Bluetooth Low Energy module that emits a unique ID. Any abl beacon action can be stored in campaigns via “abl OCMP”. Actions are performed by the mobile application via the integrated SDK, e.g. a pop-up with a notification of an upcoming event or the current lunch menu.
3.3 “abl digital signage” Usage Requirements
3.3.1. The operator provides the content for the “abl digital signage” to abl or uploads it directly via the “abl OCMP”. It cannot be operated without content. Please contact abl Support for details.
3.3.2. “abl digital signage” is a display that can be used for continuous operation in conjunction with the abl digital signage box or the appropriate player. An internet connection is required to update the content. It can also be directly connected via the “abl hotspot”.
3.4. “abl OCMP” Usage Requirements
3.4.1. The “abl OCMP” is only accessible for operators. The web address is https://www.abl-ocmp.de and can be opened with any web browser. abl recommends using a modern browser such as Mozilla Firefox or Google Chrome.
3.4.2 Login details will be provided to the operator by abl after configuring the username. Login details are personal and may not be shared with others. The operator themselves are responsible for password security, and the password can be changed in the “abl OCMP” by the operator themselves. Additional access by the operator can only be requested by an authorized person in the contract. Should the abl OCMP be used without authorization, e.g. through unauthorized password use, the operator shall oblige to immediately report this to abl so that the corresponding security measures can be taken.
4. Rent and Invoicing
4.1. The rent and one-time setup fee are individually calculated based on the respective hardware specification and the stipulated services. Rent is due monthly in advance, no later than on the 3rd workday of every month, with the first payment due after setting up the “abl hotspot”, “abl beacon”, “abl digital signage”, “abl OCMP” or other contractually stipulated hardware/software at the operator’s premises, or after sending them to the operator.
Every month, the operator receives an electronic invoice by e-mail, which displays the rent due. Should the operator wish for a paper-based invoice, an additional 2.90 euros for the processing fee, materials and shipping will be billed for each paper invoice.
4.2. The operator shall agree to the direct debit process for due costs and, to that end, provide abl with an updated SEPA direct debit mandate for an account at a German bank for the duration of the contract. In case of a return debit, the parties shall stipulate a lump-sum, additional return debit fee of 15.00 in favor of abl.
4.3. Should no direct debit process be stipulated between the operator and abl in derogation of the aforementioned provision, the rent shall likewise be due monthly in advance, no later than on the 3rd workday (received by abl) of every month, with the first payment due after setting up the “abl hotspot”, “abl beacon”, “abl digital signage”, “abl OCMP” or other contractually stipulated hardware/software at the user’s premises, or after sending them to the user. It should be explicitly noted that the operator shall be in statutory debtor’s default as of the following calendar day if the monthly rent is not paid no later than by the 3rd workday of every month.
4.4. abl shall reserve the right to invoice the operator for any stipulated setup fee before sending the hardware or its setup by abl at the operator’s premises. However, the stipulated setup fee is due no later than when the hardware is sent to the operator or when the hardware is commissioned by abl at the operator’s premises.
4.5. If payment is delayed, abl shall have the right to deactivate the devices without notice.
Contract Term and Termination
5.1. The contract shall begin on the day in which the hardware is commissioned at the operator’s premises or on which the hardware is sent to the operator and shall be concluded for the individually concluded term.
5.2. The contract may be cancelled in writing by both parties with a cancellation period of three months from the end of the contract. If the contract is not cancelled in writing by one party with a cancellation period of three months before the end of the contract, the contract shall automatically renew by an additional twelve months.
5.3. The right to extraordinary cancellation of the contract shall remain unaffected by this section. abl in particular may extraordinarily cancel the contract and uninstall the devices on-site if the operator is in arrears with a payment that exceeds two months’ rent.
5.4. The devices provided by abl and the accessories must be returned by the operator to abl within 14 days after the end of the contract and with adequate insurance and the customer number. Should the devices, including accessories, fail to be returned within 14 days, are incomplete, or if the devices or the accessories are damaged, please note that the operator shall pay damages equal to the non-returned or damage devices and/or accessories.
5.5. The operator may commission abl with dismantling the contractually stipulated hardware/software. The additional service must be requested no later than 30 days before the end of the contract. Its costs will be provided to the operator in a separate offer upon request.
6. Limitation of Liability
6.1. Should a third party assert claims against the operator due to (alleged) infringements (e.g. copyright infringements) that are purported to have been made while using abl-operated hotspots, abl shall exempt the operator from legal defense against such claims pursuant to the following provisions, if the legal defense is handled by abl-selected attorneys. In the case of a conviction or reconciliation of the legal dispute through a settlement or (partial) acknowledgment, this includes any costs and damage compensation payments that are asserted by the third party along with the operator’s acceptance of any incurred legal defense fees (e.g. attorney’s, court and specialist fees).
The operator shall immediately inform abl after the claim in question is asserted and coordinate with abl regarding the execution of the audit and defense measures or a possible settlement claim relating to the claim.
6.2. In accordance with § 44a TKG, abl shall only be liable for unintentional financial damage up to a maximum sum of 12,500.00 euros per user in its provision of telecommunications services. Should the liability to pay for damages arise due to a uniform action or a uniform, injurious event against several end users and is not based on intent, the limit shall be capped at 10,000,000.00 euros, irrespective of paragraph 1. If, in the latter case, the compensation that must be paid to several parties due to the same event exceeds the aforementioned upper limit, then the compensation shall be limited by the ratio of the total of all damage claims to the maximum amount.
6.3. abl shall assume no liability whatsoever for damage to devices that is caused by using the provided hardware/software in a manner that is inconsistent with the contract. abl shall be exempt from any third-party claims if used illegally or if the installation performed by the technician has been altered. abl shall assume no liability for a virus attack, etc. caused by using the internet.
6.4. Furthermore, liability for slightly negligent breaches of duty shall be excluded for both sides, unless the damages involve injury to life, body or health or guarantees, claims according to product liability law are affected, or defects have been fraudulently concealed.
6.5. Furthermore, liability for the infringement of obligations, whose fulfillment make the proper execution of the contract possible in the first place and the compliance of which one side may regularly rely on, shall remain unaffected. The same shall apply for breaches of duty on the part of vicarious agents. In case of liability according to the aforementioned provisions, the liability amount shall be limited to the compensation of damage that is typical for the contract and foreseeable, if permissible by law.
6.6. Liability on the part of abl for any other damages shall be excluded.
6.7. Encrypted WLAN networks on the “abl hotspot” that are not set up for guests, e.g. for employees or payment services, will not be directed to abl’s internet nodes for security reasons. No liability shall be assumed for these networks according to the aforementioned provisions. The operator shall be responsible for protecting the corresponding login details for these networks from unauthorized access and prevent infringements, e.g. third-party copyright, particularly if login details to this network are given to others, lost, etc.
7. Confidentiality/Obligation to Secrecy
7.1. The contents of this contract are subject to the obligation to secrecy. Disclosure to third parties, even partially, generally requires the approval of abl.
This does not apply to information that has been verifiably
- received or is being received by one party from a third party or
- was already general knowledge upon concluding the contract or
- will verifiably be general knowledge or
- was already possessed by one party before beginning the business relationship and was not subject to any obligation to secrecy or
- was independently developed by one party.
7.2. Furthermore, this shall not apply if the party that received the confidential information has the right to disclose the same, is legally or officially obligated to do so, or if the information is disclosed to people who are obligated to observe professional secrecy, such as auditors or attorneys.
7.3. This obligation extends beyond the termination of this contract.
8.2. In the processing of personal data, abl is the contractor/order processor and the operator is the customer/person in charge as set forth in the EU General Data Protection Regulation (GDPR). The order data processing agreement enclosed as an Annex is a component of every contract and substantiates the privacy law-related rights and obligations of the contractual parties regarding compliance with applicable privacy laws (particularly the requirements of the EU General Data Protection Regulation (“GDPR”)) and the Federal Data Protection Act BSG-neu. The Annex on order data processing can be accessed on abl’s website via the following link https://www.abl-solutions.com/files/TOMs.pdf.
9. Set-off, Retention, Transfer
9.1. The operator shall only have the right to set-off if the counterclaim is indisputably legally binding by a court of law or recognized by abl. The right of retention and the right of refusal to perform on the part of the operator shall be excluded, unless abl does not dispute the underlying counterclaims or they are legally binding by a court of law.
9.2 A transfer of claims from the contract concluded with abl on the part of the operator shall be excluded.
10. Final Provisions
10.1. Ancillary agreements, changes and amendments must be made in writing to take effect. This shall also apply to a waiver of the written form requirement.
10.2. The exclusive place of jurisdiction for disputes arising from or in connection with this contract shall be Nuremberg.
10.3. Should one of the aforementioned provisions be invalid or unenforceable, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable Clause shall be replaced with a valid and enforceable provision that comes closest to the economic objective that the parties have pursued with the invalid or unenforceable Clause.
10.4. Should individual provisions of this contract be open to interpretation or require supplementation in whole or in part, they must be interpreted or supplemented in a manner that is in accordance with the spirit, content and purpose of this contract to the greatest extent possible. Regulations that the party would have sensibly stipulated if they would have considered the need to interpret or supplement the regulation in question upon concluding the contract shall apply.
10.5. Unless otherwise stipulated in this contract, each party shall bear their own costs.
10.6. This agreement and its interpretation are governed exclusively by the laws of the Federal Republic of Germany.