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Terms of Use & Data Protection

Exceedation Sales GmbH

Below you find our terms of use and information on data protection.

Terms of Use
Please carefully read these conditions for use. If you are not able to abide by these rules, we unfortunately have to ask you, for legal reasons, to leave our Internet pages. The same shall apply if you are subject to any law (for instance due to your nationality, place of residence or abode) which prohibits to use or visit these Internet pages or parts thereof.

Intellectual property
Subject to any explicit provisions to the contrary, all data, works, inventions, designs, concepts, ideas and other elements of these Internet pages (hereinafter "Intellectual Property") belong exclusively to Exceedation Sales GmbH, 6170 Zirl / Austria (hereinafter "Exceedation Sales GmbH") or any third party licensing Exceedation Sales GmbH. The use of the Intellectual Property, also for personal purposes, is prohibited, with the exception of visiting the Internet pages personally and for non-commercial purposes, using conventional unmodified browser software, and preparing a single printout on paper for personal use only. In cases of infringement, Exceedation Sales GmbH and/or any third parties authorized by Exceedation Sales GmbH and/or any injured third parties is/are entitled, in addition to asserting a claim for damages, to enforce and restore of the lawful condition via legal action.

No offer
These Internet pages do not represent an offer to establish a contractual relationship of any kind whatsoever. We offer legal transactions via the Internet exclusively for registered customers with individual login.

No consulting
News, references, opinions, courses, data or other information on these Internet pages are to be understood as general and non-binding in all instances. They may be changed and/or deleted without prior notice at any time. Under no circumstances must the information accessible via the Internet pages be interpreted as a product guarantee and/or representation of certain properties or availabilities.

No guarantee for content
The entire content of the Internet pages, such as e.g. information, technical instructions, prices, colours, etc. is provided without guarantee. Such information must always be considered as uncertain and is partly based on information by third parties also provided without guarantee.

No confidentiality
Communication via the publicly accessible areas of the Internet pages (for instance by means of a web form) takes place uncoded via the Internet, and can be read by third parties using simple technical means, and clearly assigned to both the sender and the recipient. The same applies to delivery of an email message to Exceedation Sales GmbH. Your are therefore urgently advised against transmitting confidential information to Exceedation Sales GmbH or third parties via the Internet pages or via email.

No guarantee of availability
The availability of the Internet pages or parts thereof is guaranteed at no time. Exceedation Sales GmbH is entitled at any time to restrict the availability of the Internet pages for a definite or indefinite period and/or to change or delete their content.

No liability
Any liability on the part of Exceedation Sales GmbH for damage resulting from or in connection with the use of the Internet pages or of third-party offers connected to the Internet pages via links shall be excluded.

Applicable law
If any contractual relationship should be established at all between you and Exceedation Sales GmbH, this shall exclusively be governed by Austrian law, to the exclusion of the rules concerning transmission to the law of third countries.

Data Protection

1. General
This Data Protection Statement notifies users of the website www.exceedation.com (hereinafter referred to as "Website") of the type, scope and purposes of the acquisition and usage of personal data by Exceedation Sales GmbH (hereinafter referred to as "Operator").

Personal data (e.g. name, e-mail address, telephone number) shall be processed and transferred by the Operator in a lawful manner only (in particular for the purpose of fulfilling its contractual obligations, due to the Operator’s prevailing legitimate interests or based on the user’s consent).

Provided that the lawfulness for the specific data processing is based on the user’s consent, such consent may be revoked (in full or in part) at any time by sending an e-mail to office@exceedation.com. This may affect the functionality of the content offered on this Website.

Furthermore, the user has the right to obtain information on personal data concerning him, the right to data portability, the right to have personal data rectified or deleted and the right to have the processing of his personal data restricted or to object to his personal data being processed. The user may exercise these rights by sending an email to office@exceedation.com.

Finally, the user has the right to lodge a complaint with the Austrian Data Protection Authority (Hohenstaufengasse 3, 1010 Vienna, dsb@dsb.gv.at, www.dsb.gv.at).

The Austrian Data Protection Act as well as the Regulation (EU) 2016/679 (GDPR) form the legal basis for the processing of data. Specific reference is made to the respective legal basis for processing for each of the following types of processing.

Notwithstanding the deletion specifications set out below with regard to individual types of data processing, the Operator will not delete personal data insofar as the personal data to be deleted is used for other lawful types of processing (e.g. self-promotion) pursuant to this Data Protection Statement.

2. Presentation of the Website
Each time the Website www.exceedation.com is accessed, the Operator will store the following data: date and time of server request, type of browser/version, operating system, referrer URL and IP address.

By visiting this Website, the user gives his conclusive consent pursuant to Art. 6 (1) lit. a GDPR to the short-term storage of his end device’s IP address. This is necessary for making the Website’s content available. After the use of the Website has been terminated, the user’s IP address will be deleted.

The Operator shall use the aforementioned data solely for statistical purposes in connection with its range of services.

3. Self-Promotion
Pursuant to § 107 (3) Austrian Telecommunications Act (Telekommunikations-gesetz, TKG) and pursuant to Art. 6 (1) lit. f GDPR, the Operator reserves the right to permanently store for its own advertising purposes, the company name, title, first and last names, postal address, e-mail address, telephone number, and to use such data for the purpose of sending offers and information concerning the Operator’s services and offers via post or e-mail. The user may object to his data being processed for this purpose upon its collection or at any time thereafter by sending an e-mail to office@exceedation.com.

4. User Requests
When contacting the Operator (e.g. via contact form or e-mail), the user’s company name, title, first and last names, postal address, e-mail address, telephone number as well as data concerning the request (e.g. products, company) will be stored for the purpose of processing the request and for any follow-up queries.

The Operator shall store the personal data collected after it has been processed and shall delete it thereafter, provided that the data is not processed for other purposes for a longer period of time.

The Operator shall only process and use personal data disclosed by the user insofar as this is necessary for processing the request and/or providing the required service.

Pursuant to Art. 6 (1) lit. b GDPR, this data processing is necessary to fulfil a contract or for pre-contractual purposes.

5. Newsletter
If a user subscribes to the Operator’s newsletter, the user’s following personal data will be collected and processed: company name, title, first and last names and e-mail address. The user will then receive from the Operator a personalised e-mail containing information and offers directed at the user’s needs (newsletter) no more than once a month.

By subscribing to the newsletter, the user gives his conclusive consent pursuant to Art. 6 (1) lit. a GDPR that his data may be used for regularly sending him the newsletter.

In the course of this data processing, the Operator will forward the personal data collected to MailChimp, a US-based newsletter service provider (for further information please refer to https://mailchimp.com/legal/privacy/). There is an adequacy decision by the European Commission regarding the transfer of personal data to the USA.

For registration, the double opt-in procedure is used. After registration, the user will receive a confirmation and authorisation e-mail sent to the e-mail address he has provided, with a request to click on the link contained therein. This ensures that only the authorised user of the specified e-mail address can subscribe to the newsletter.

The user may unsubscribe from the newsletter at any time. At the end of each newsletter there is a link with which the user may unsubscribe. Alternatively, the user may also send a corresponding e-mail to office@exceedation.com. After unsubscribing from the newsletter, the user’s personal data will be deleted from the newsletter mailing list within 7 days.

6. Social Media
The following social networks are linked on this Website:

Facebook ("like")
Facebook Inc., 1601 S California Ave, Palo Alto, CA, 94304, USA
For further information please refer to https://de-de.facebook.com/policy.php 

Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA
For further information please refer to https://twitter.com/privacy?lang=de 

Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland
For further information please refer to https://www.linkedin.com/legal/privacy-policy
YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA
For further information please refer to https://www.google.com/intl/de/policies/privacy/ 

7. Integration of services and content provided by third parties
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. f GDPR), we make use of content and services offered by third party providers in order to provide their content and services, such as by way of including videos or fonts (hereinafter collectively referred to as "content"). This always involves the third party content providers recording the user’s IP address, as they would not be able to send the content to the user’s browser without the IP address. Thus, the IP address is required in order to present the content. We strive to solely use content provided by third parties that only use the IP address for the presentation of their content. Third party providers may also use so-called pixel tags (invisible graphics, also known as ‘web beacons’) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this Website. Furthermore, pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and the operating system, referring websites, visiting time and other information about the use of our online offer, and they may also be linked to such information from other sources.

The following provides an overview of third party providers and their content as well as links to their data protection statements, which contain further information on the processing of data and, partially already mentioned herein, objection rights (so-called opt-out options):

Videos on "YouTube" by third party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Data protection statement: https://www.google.com/policies/privacy/

Opt-Out: https://www.google.com/settings/ads/ 

Maps on "Google Maps" by third party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Data protection statement: https://www.google.com/policies/privacy/

Opt-Out: https://www.google.com/settings/ads/

8. Cookies
Cookies are pieces of information that are stored by a website on the user’s end device. The purpose of cookies is to store information and to enable access to such information at a later date. They cannot be used to read other data on the end device. Websites use cookies in particular to restore earlier user settings, to retrace the course of user requests or to analyse user behaviour.

It is possible to use the Website without cookies. In his browser, the user can deactivate the storage of cookies, restrict storage to certain websites or set his browser in such a way that he is notified before a cookie is stored. The user can delete cookies at any time from his end device’s hard drive via his browser’s data protection functions. In this case, the functions and the usability of the Website may be restricted.

The consent the user gives via the cookie banner forms the legal basis for data processing within the framework of cookies.

9. Google Analytics
This Website uses Google Analytics, a web analysis service of Google Inc. ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses cookies that enable an analysis of the user’s use of the Website. Data generated by a cookie regarding the use of this Website (including the user’s IP address) is usually transferred to a Google server in the USA and stored there for a period of 14 months. There is an adequacy decision by the European Commission regarding the transfer of personal data to the USA.

Based on the Operator’s request, Google uses the transferred data to evaluate the user’s use of the Website, compile reports regarding the Website’s activities and provide further services related to the use of the Website and the internet. Google may also transfer the data to third parties, if this is required by law or to the extent that third parties process the data on behalf of Google.

IP anonymisation is active on this Website, i.e. the user’s IP address is first truncated by Google within the Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. Users can block storage of cookies within the framework of Google Analytics by choosing the appropriate setting in their browser software. However, as a result, it may not be possible to use fully all functions of this Website. In addition, users can block transmission of data relating to their use of the Website that is generated by the cookie (including their IP address) to Google and prevent Google from processing their data by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

For further information on the terms of use and data protection of Google Analytics please refer to https://www.google.de/intl/de/policies/ and https://www.google.com/analytics/terms/de.html.

10. Other
The Operator shall take organisational and technical measures and shall continuously evaluate and, if necessary, adapt and implement such measures in order to protect the user‘s personal data that has been stored and processed.

The Operator reserves the right to modify and adapt this Data Protection Statement at any time. The new version shall come into effect as soon as it has been made available on the Operator’s Website at https://www.exceedation.com/data-protection/.

Cookie Information
Below you find information about the cookie usage on www.exceedation.com

Our website uses cookies. These are small text files that are stored on your computer and saved by your browser. They do not cause any damage. We use cookies to make our services more user friendly.

If you do not agree to this, you can adjust your browser settings to notify you when cookies are being installed and to request your agreement to the installation of cookies on a case-by-case basis. Use the help function of your browser to learn how to adjust the settings of your browser. Alternatively, instructions can be found at https://www.aboutcookies.org/how-to-control-cookies.

Please note that in the case of deactivation, you may not be able to use all of the website functions to their full extent. In the following section, you will find information about the individual cookies actually used on this website, classified according to their purpose.

Cookie notice
When you first visit our website, a cookie notice will inform you that we use cookies.

Functionality cookies
This website uses cookies for basic functions of the website.

The following cookies are used on this website:
PHPSESSID = Stores the user's current session and is usually deleted
cookieconsent_status = For the cookie message

Web Analytics Cookies
Google Analytics is Google’s analytics tool for website operators and app providers that makes  the interaction of their users transparent by means of the available resources. Google Analytics may use certain cookies in order to compile data for website access statistics. We do not, however, compile any information that identifies individual users for Google.

The following cookies are used:
_ga = Google Analytics tracks the IP address for each domain visit and thereby recognizes repeated website visits. (Type: web beacon, Lifespan: 24 months, Domain: exceedation.com)
_gat = Used to throttle request rate. (Type: session, Lifespan: session, Domain: exceedation.com)
_gid = Used to distinguish users. (Type: persistent, Lifespan: 24 hours, Domain: exceedation.com)