DATAPOOL USER AGREEMENT

Translations are offered for informational purposes only. In case of discrepancies see the German version.   Welcome to Datapool, a service provided by the Delta group! By using our services or products, you’re agreeing to our terms, so please take a few minutes to read over the user agreement (Datapool user agreement) below. Our privacy policy (Datapool privacy policy) outlines what information we collect, how we use it, how we share it, what options you have in that regard, for example concerning the administration of your data or your access rights to said data, and how to delete your account. You can find the Datapool privacy policy under https://www.datenpool.at/datenschutzerklaerung/.

Datapool user agreement

Last change: January 2021   Scope of application

  1. The following conditions apply to the usage of Datapool. In order to use our services, it is essential, that you, the user, accept these conditions.
  2. By using Datapool, you are agreeing to the Datapool user agreement. By giving your consent, you are guaranteeing that you will not use Datapool in a way that would breach the user agreement.
  3. The object of the Datapool is the following: – Central platform for filing sharing project related documents – Cross-company collaboration – Communication- and information management
  1. In order to improve our services, we analyze your Datapool usage, including helping companies, which use the Datapool, measure the efficiency and propagation of their services and messages. In order to accomplish that, Datapool utilizes the information at its disposal but also collaborates with partners, contractors and affiliated companies.
  2. In order to operate our global services, we might need to store and distribute information in datacenters and storage systems worldwide. This might include countries which are outside of your country of residence. The infrastructures in question are owned and operated by affiliated companies respectively contractors (netconsult GmbH, Google Cloud and A1 Telekom).

Contact information and legal notices If you have any questions regarding the Datapool, you can contact the Datapool service provider under the following address: netconsult GmbH Kalkofenstraße 21 4600 Wels Austria Phone: +43-50-756-320 Email: office@nc.at General Manager: David Greiner, Oliver Brückl, Ingo Huber Registry court: Landegericht Wels Registry number: 247125 w VAT no.: ATU 62740001   Datapool availability The Datapool is available 24 hours a day. It is however possible for maintenance related interruptions to occur. It is also possible for interruptions caused by forces majeur (which are not related to Datapool) to occur; for example acts with intent or gross negligence. netconsult point out that

  • it is technically impossible to keep the Datapool free of errors of any kind and that netconsult GmbH assume no responsibility in that regard.
  • errors may lead to the temporary shutdown of the Datapool.
  • the availability of the Datapool is reliant on conditions outside the control of netconsult GmbH, for example the transmission capacity and communication connections between the related parties. netconsult GmbH assume no responsibility for disturbances caused in that regard.

Mail function Concerning the event of netconsult GmbH offering a mail function, temporarily or permanently, on Datapool, it is expected from the participants to uphold common communication rules, such as mutual respect. Content distributed or published by users may not be offensive, degrading, obscene, improper, or defamatory. Furthermore, content that infringes any third party’s intellectual property rights must not be distributed or published either.   Eletronic communication When you use the Datapool services or send us emails, text messages or other messages from your computer and / or your mobile device, you are communicating with us eletronically. We will communicate electronically with you in different ways, inclusively but not exclusively via email, text messages or by publishing eletronical messages via Datapool services or services related to Datapool. For contractual purposes, you agree to receiving eletronical communication from us and that all consents, notifications, publications and other communications you receive from us do not require written form unless legally binding requirements necessitate a different form of communication.   Copyright and database rights

  1. The complete contents contained in a Datapool or provided by it, such as texts, graphics, logos, button-icons, images, audio clips, digital downloads, and data collections, remain the property of the Datapool service provider or third parties, who contribute contents via the Datapool, and are protected by Austrian copyright law and database rights.
  2. The total stock of contents contained in a Datapool or provided by it remains the exclusive property of the Datapool service providers and is protected by Austrian copyright law and database rights.
  3. You must not systematically extract and / or re-use parts of a Datapool service without our explicit, written consent. In particular, you must not use data mining, robots, or similar data collection and extraction programs in order to extract and / or re-use essential parts of a Datapool service, regardless of the number of occasions, without the explicit, written consent of the Datapool service providers. Furthermore, you must not create and / or publish an own database containing essential parts of a Datapool without the explicit, written consent of the Datapool providers.

Your account

  1. Access to the Datapool requires the creation of an account.
  2. The creation of an account is permitted only to legally competent persons and is initially conducted by netconsult GmbH. Over the course of the registration you will receive an initial password which you must change after the first login.
  3. The user commits to providing correct details about his person. Furthermore, the user commits to regularly controlling these details and upholding their correctness.
  4. When you use a Datapool service, you are responsible for the confidentiality of your account, password, and for limiting the access to your computer or mobile device. As far as permissible by applicable law, you agree to assume responsibility for any events conducted under your account or password. You should make all the necessary efforts to ensure that your password is safely stored and that its secrecy isn’t breached. Furthermore, you should contact us immediately if there’s reason to believe that a third party has gained access to your password or that your password is being used by an unauthorized party. It is your responsibility to ensure that any data you send us is correct and complete and that you will inform us in case any of the data you provided us with was changed. Part of the data you sent us can be viewed and / or updated in the Datapool.
  5. The Datapool user can change their password at any time.
  6. You must not use the Datapool in a way, that may interrupt, damage, or impair the Datapool services or the access thereof.
  7. Furthermore, you may not use the Datapool services fraudulently or in connection with a crime, illegal actions, nuisances, or inconveniences.
  8. We reserve the right to withhold the Datapool services from you or close Datapool user accounts. This applies in particular if you breach applicable law, contractual agreements, or any of our guidelines.
  9. Datapool users can delete their account at any time by sending a corresponding message via email to helpdesk@delta.at. The user account will be deleted immediately respectively within 72 hours of the sending of your email.

Claims arising from intellectual property rights The Datapool service providers respect the intellectual property rights of third parties. If there’s reason for you to believe that your intellectual property rights are used in a way that could give rise to the fear of a breach, please contact us at helpdesk@delta.at.   Liability

  1. We constantly strive to ensure that the Datapool services are functioning without interruptions and that transmission are error-free. Due to the character of the Internet this cannot be guaranteed. Your access to the Datapool, too, can sometimes be interrupted or restricted due to maintenance, upkeeping, or the introduction of new functionalities. We strive to reduce both the frequency and duration of these temporary interruptions or restrictions. You are using our services at your own risk and subject to the following conditions.
  2. We do not monitor how or when our users use our services respectively the functions, services and interfaces provided through our services. Additionally, we are not responsible for such monitoring. We are not responsible for the actions or data (including the contents thereof) of our users or other third parties and we are not obligated to monitor them.
  3. You indemnify us, our connected companies as well as our and their executive employees, colleagues, partners, and commissaries from any known or unknown claims, complaints, causes of action, legal processes respectively disputes, or damages that are related to any such claim from you towards a third party respectively arise from such a claim or are in any way connected to such a claim.
  4. Your rights towards the Datapool services providers cannot be changed by the limitations of liablity indicated if Austrian law applicable to your usage of our services does not allow it.
  5. The Datapool service providers assume unlimited liability if the cause of damage was caused by a deliberate or grossly negligent breach of duty from the Datapool service providers respectively a legal substitute or a vicarious agent from the Datapool.
  6. Furthermore, the Datapool service providers assume liablity for simple negligent breaches of essential obligations. Essential obligations are defined as obligations whose breach may harm the attainment of the contractual purpose, or whose fulfillment enables the proper implementation of the contract and on whose performance you regularly rely upon. In such a case the Datapool service providers assume liability only for predictable contract typical damages. The Datapool service providers do not assume liablity for simple negligent breaches of duty not outlined in the above mentioned specifications.
  7. The above limitations of liablity do not apply to culpable injury to life, body and health, a defect after guarantee for the quality of the contractual product, and maliciouly concealed defects. The liability under the Product Liability Act remains unaffected.
  8. In case the liability of the Datapool service providers is excluded or limited, the same applies to the personal liability of employees, representatives, and vicarious agents.

Data protection The Datapool service providers value your privacy highly. The Datapool privacy policy outlines our practices in regard to information (including messages), including the types of information we both receive and collect from you, how we use and share that information, and your access rights in regard to our processing of the data. The Datapool privacy policy establishes the legal bases in regard to our processing of your personal data, including  the capture, usage, processing and sharing of that data, as well as the transmission and processing of that data in the USA and other countries worldwide, in which we have or use facilities, service providers, affiliated companies, or partners, regardless of the location you use our services from. You can find the Datapool privacy policy under https://www.datenpool.at/datenschutzerklaerung/.   Changes to the terms and conditions We reserve the right to change our Datapool services, policies, and conditions, including this user agreement, at any time. They are subject to the general terms and conditions, contractual terms, and terms of use which are in force at the time you use our Datapool services. In the event of nullity or annulment of any of these conditions, that condition shall be deemed severable and shall not affect the validity and enforceability of the other conditions.   No waiver If you violate any of the outlined conditions and we do not take any subsequent actions in that regard, we further have the right to take actions on any other occasion you violate one of the outlined conditions.   Minors Our services may only be used by fully contractually capable individuals. If you are under the age of 16, you must not use the Datapool services. The Datapool service providers are authorized at any time to ask the user for proof that the user is over the age of 16.   Devices and software You have to provide certain devices, software, and data connections necessary for the usage of our services which we ourselves cannot provide. In order to use our services, you consent to manual respectively automatic downloads and installations of our latest service updates. You further consent to us occasionally sending you messages regarding the Datapool, if those are required for the provision of our services to you.   Fees and taxes You assume responsibility for all data transfer rates charged by your network provider respectively network operators as well as any other costs and taxes associated with your usage of our services.   Place of jurisdiction and applicable law

  1. Any disputes or conflicts in regard to this contract shall be exclusively handled by Austrian law under exclusion of UN sales law.
  2. The sole place of jurisdiction in case of orders from businessmen, juristic persons under public law, and public assets shall be the seat of the service provider.

Final clauses

  1. Contract language is German.
  2. Unless there is a different agreement between you and the Datapool service providers stating differently, these conditions constitute the whole agreement between you and the Datapool service providers in regard to the Datapool and its services, and replace all prior agreements.
  3. If you violate any of the user agreement conditions and we do not take any subsequent actions in that regard, we further have the right to take actions on any other occasion you violate any of the user agreement conditions.
  4. We reserve the right to changes to the Datapool services, policies, and conditions, including this user agreement, at any time. In the event of nullity or annulment of any of these user agreement conditions, that condition shall be deemed severable and shall not affect the validity and enforceability of the other conditions.
  5. The ineffectiveness of an existing condition does not touch the effectiveness of the other conditions in this contract. Should that be the case, such a condition shall be replaced by a legally permissibe condition which corresponds to the intent and purpose of the ineffective condition.
  6. We always appreciate your feedback or any other thoughts or comments you might have in regard to the Datapool. You understand that you aren’t obligated to provide us with feedback or ideas and you also understand that we can use any of your feedback or ideas without having to compensate you.