NOTICE & DISCLAIMER
GENERAL TERMS OF BUSINESS
1. Scope of application
The following conditions apply to the whole business relationship with the client unless specifically and expressly otherwise agreed or provided by mandatory law. The client agrees to them for the present contract as well as all future contracts. Any derogations from these conditions or variations by way of collateral contract or agreement must be in writing, or expressly confirmed in writing. Immotranslations (Deutschland) GmbH is hereinafter referred to as “The Company”.
2. Scope of supply and services and delivery dates
Translation services will be provided by The Company to the best of its knowledge and belief and in accordance with the standard practices of the translation services profession.
If no special instructions or documents are provided, technical terms will be translated into the target language as generally used, or as is lexicographically justifiable or generally intelligible.
The client must always provide The Company with all information and documents necessary for the translation, in a timely manner.
The level of difficulty of the text shall be determined at The Company’s discretion.
The Company is not liable for missed deadlines where they occur as a result of force majeure or circumstances for which the client is responsible. The delivery deadline is considered met if the translation is dispatched (by email, standard postal service or courier) before the deadline.
If no other mode of dispatch is specified, the agreed version of the translation will be sent as an electronic file.
a. The Company is only liable in cases of gross negligence or deliberate breach.
The Company reserves the right to correct errors.
If any errors arise, the client must draw attention to them in writing within five days of receipt of the translation. The error must be described precisely. The Company shall then have an opportunity to correct the error. If an error is not corrected, the client shall be entitled to a reduction in fee or may rescind the contract. Further claims, including claims for damages, are expressively excluded. Liability is limited in any case to the value of the contract in question.
The Company is not liable for translation errors caused as a result of the provision of erroneous or incomplete information by the client, or because the documents provided were incomplete or illegible.
If the client does not indicate the purpose of use of the translation, it cannot claim damages for losses incurred because the text proves to be inappropriate for its intended purpose. If the translation is intended to be printed, the client must give The Company the opportunity to review the final correction proof in good time before printing. Any claims in respect of alleged errors in the translation are excluded if this is not done. If no errors are pointed out within the deadline, the translation shall be deemed to be free of error.
If a claim is brought against The Company for breach of copyright or similar as a result of the translation, the client shall indemnify The Company in full against any liability.
b. The Company shall have no liability for losses caused by disruptions to electronic networks or internet servers. Nor shall it be liable if it suspends online working, in whole or in part, for a specific period and for good cause. In such cases, the delivery deadline shall be adjusted accordingly.
Nor shall The Company be liable for losses caused due to a computer virus infection (malicious computer programs). If files are delivered by e-mail, remote data transmission (modem) or any other mode of transfer, the client remains responsible for the final verification of the files and texts transferred. Claims for compensation in respect thereof are excluded.
4. Professional confidentiality
The Company undertakes to maintain strict confidentiality in relation to all matters pertaining to its work for the client. The Company fully conforms to EU General Data Protection Regulations (EU GDPR) which also addresses the transfer of personal data outside the EU and EEA areas.
5. Terms of payment
The Company’s fee is payable without deduction or discount within fourteen days of the invoice date. Remittance for instructions undertaken by The Company will be made in Euros. It is the responsibility of clients who make payments using another currency to take consideration of any relevant currency exchange rates and fees to ensure accurate payment is received by The Company.
In the case of large-scale translation instructions, The Company reserves the right to request advance payments in a reasonable amount, or stage payments in the case of staged services.
If an instruction is cancelled after receipt, costs incurred up to the point of cancellation must be reimbursed and remuneration must be paid for the portions of the translation already completed, or payment must be made for the time spent on services provided, in each case up to the point of cancellation.
6. Engagement of subcontractors
In the interests of both the client and The Company, The Company reserves the right to engage subcontractors to provide its services. Subcontractors shall be selected with care, having regard to the focus of the subject-matter.
The Company will only engage a subcontractor where that subcontractor complies fully to EU GDPR and has entered into a confidentially agreement with The Company. The client may only contact a subcontractor selected by The Company with The Company’s permission.
The translation remains the sole property of The Company until receipt of payment. Until then, the client has no right to use it.
8. Applicable Law
The contract and all claims resulting from it are subject to German Law. The place of performance and place of jurisdiction is Hanau, Germany.
This document is a translation of a German original. Only the German version shall be binding and it shall take precedence in every case.
Version dated: 15th May 2021
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We are Immotranslations (Deutschland) GmbH. We are a company incorporated in Hanau, Germany (registered number HRB 97830) with our registered office at Kurt-Blaum-Platz 2, 63450 Hanau, Germany.
When we refer to “we”, “us” or ”our” in this policy, we are referring to Immotranslations (Deutschland) GmbH. We are the data ‘controller’ in relation to the personal data you provide to us, which means we are the company that is responsible for your personal data.
Our website may, from time to time, include links to third-party websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave one of our websites, we encourage you to read the privacy notice of every website you visit.
How is your personal data collected?
The majority of personal data we collect from you is through direct interactions. For example, you may give us your personal data by filling in our ‘contact us’ form or by corresponding with us by email, by phone, by post or otherwise.
On occasion, we may also receive personal data about you from third parties or public sources.
Information we collect from you
We may collect and process the following data about you:
- Contact Data. Your name and email address.
- Enquiry Data. Information that you provide by filling in the ‘contact us’ form on our site.
- Correspondence Data. If you contact us, we may keep a record of that correspondence.
- Reference Data. This may include your name, job title or position and any reference you provide to us for publishing on the testimonial section of our website.
- Client Data. This includes any personal data we may collect for invoicing purposes and contact details of the individuals who are our client point of contact.
Uses made of the information
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you (i.e. when you request translation services from us).
- Where we have your prior consent to use your personal data (for example, where you have consented to providing us with a client testimonial).
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Where we need to comply with a legal or regulatory obligation.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Lawful basis for processing||Type(s) of data|
|To manage our relationship with you including:||Performance of a contract with you|
Legitimate interests (to run our business)
|To produce and issue invoices for our translation services||Performance of a contract with you|
Legitimate interests (to run our business)
|To publish client testimonials and references on our website||Consent||Reference Data|
Disclosure of your information
We may have to share your personal information with the following third parties:
- External third-party service providers acting as processors who provide the following services:
- Web hosting and site development (including Names.co.uk and Art is an Option); and
- Subcontractors providing specialist translation services.
We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Immotranslations (Deutschland) GmbH or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets.
- Professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- The relevant tax offices, regulators and other authorities who require reporting of processing activities in certain circumstances. This may include situations where we are required to share personal data in order to comply with a legal obligation or enforce a contract we may have with you, or where we exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law.
Where we store your personal data
All information you provide to us is stored on secure servers and we will use strict procedures and security features to prevent unauthorised access. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk.
How long we store your personal data for
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We normally delete correspondence within 12 months and documentation within 36 months (although these periods may be extended if the relevant issue to which the information relates remains extant). In some circumstances you can ask us to delete your data sooner: see Deleting personal data below for further information.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processingof your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
- Withdraw consent at any time, where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
- Review by an independent authority, where you wish to lodge a complaint with a supervisory body. The relevant authority in Hesse, Germany, is the Hesse Data Protection Commissioner. If you have a complaint, we would appreciate the chance to deal with your concerns before you approach the Hesse Data Protection Commissioner, so please contact us in the first instance if possible.
If you wish to exercise any of the rights detailed above, please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Changes to our policy
Any changes we make to our policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our policy.
Language of policy
This policy is drafted in German and in English, however, any notices given under it shall be given in German and the German language version of the policy shall prevail if there is a conflict.
Questions, comments and requests regarding this policy are welcomed and should be addressed to firstname.lastname@example.org.
Version dated: 15th May 2021
Terms of Website Use
Information about us
Our site is operated by immotranslations (Deutschland) GmbH (“we/us/our“). We are a company incorporated in Hanau, Germany (registered number HRB 97830) with our registered office at Kurt-Blaum-Platz 2, 63450 Hanau, Germany.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party without our permission. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Whilst we endeavour to ensure that the material displayed on our site is correct, it is provided without any guarantees, conditions or warranties as to its accuracy and we shall accept no responsibility for any errors, omissions or misleading statements on our site, or for any loss which may arise from any reliance placed on materials contained on this site by any visitor to our site, or by anyone who may be informed of any of its contents.
In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss relating to or arising from your use of our site.
Nothing in these terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. However beyond that we exclude, to the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied.
Information about you and your visits to our site
Transactions concluded through our site
From time to time, we may make available services through our site. If any contract for the supply of services or information is formed through our site, it shall be governed by appropriate terms and conditions of supply which shall be made available to you prior to the formation of that contract.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.
Our site must not be framed on any other site, unless it is made clear that you are linking to our site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
These terms shall be governed by the laws of Germany. If either party requires to raise court proceedings in relation to any dispute relating to these terms or your use of our site then these proceedings must be raised in Germany.
We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
Version: 15th May 2021
Thank you for visiting our site.