Imprint2025-07-24T08:53:42+00:00

Imprint and privacy policy

GTCs and more

Please con­tact me if you have any ques­tions or com­ments.

Address:

Emsring 3
44803 Herne
Ger­many

Rep­re­sent­ed by: Stef­fen Scholle

Contact:

Phone: +49 (0) 234 54 57 46 90
E‑mail: info@eximentor.de

Sales tax identification number (VAT):

DE351523644

Liability for links:

Our web­site con­tains links to exter­nal third-par­ty web­sites over whose con­tent we have no influ­ence. There­fore, we can­not accept any lia­bil­i­ty for this third-par­ty 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 vio­la­tions at the time of link­ing. Ille­gal con­tents were not recog­nis­able at the time of link­ing. How­ev­er, per­ma­nent mon­i­tor­ing of the con­tent of the linked pages is not rea­son­able with­out con­crete evi­dence of an infringe­ment. If we become aware of any legal infringe­ments, we will remove such links imme­di­ate­ly.

Liability for content:

The con­tent of our web­site has been cre­at­ed with the great­est care. How­ev­er, we can­not accept any lia­bil­i­ty for the accu­ra­cy, com­plete­ness and top­i­cal­i­ty of the con­tent. As a ser­vice provider, we are respon­si­ble for our own con­tent on these pages in accor­dance with § 7 para. 1 TMG (Ger­man Tele­me­dia Act) and gen­er­al laws. Accord­ing to §§ 8 to 10 TMG, how­ev­er, we as a ser­vice provider are not oblig­ed 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 leg­is­la­tion remain unaf­fect­ed by this. How­ev­er, lia­bil­i­ty in this respect is only pos­si­ble from the time of knowl­edge of a spe­cif­ic infringe­ment. As soon as we become aware of such infringe­ments, we will remove this con­tent imme­di­ate­ly.

Copyright

The con­tent and works cre­at­ed by the site oper­a­tors on these pages are sub­ject to Ger­man copy­right law. Dupli­ca­tion, pro­cess­ing, dis­tri­b­u­tion and any kind of util­i­sa­tion out­side the lim­its of copy­right law require the writ­ten con­sent of the respec­tive author or cre­ator. Down­loads and copies of this site are only per­mit­ted for pri­vate, non-com­mer­cial use. Inso­far as the con­tent on this site was not cre­at­ed by the oper­a­tor, the copy­rights of third par­ties are respect­ed. In par­tic­u­lar, third-par­ty con­tent is labelled as such. Should you nev­er­the­less become aware of a copy­right infringe­ment, please inform us accord­ing­ly. If we become aware of any infringe­ments, we will remove such con­tent imme­di­ate­ly.

1 Imprint

1.1 Infor­ma­tion accord­ing to § 5 TMG

Exi­Men­tor — Stef­fen Scholle
Engi­neer­ing office
Emsring 3
44628 Herne

1.2 Con­tact

Phone: 0234 54 57 46 90
E‑mail: info@eximentor.de

1.3 Postal address

Stef­fen Scholle
Emsring 3
44628 Herne

1.4 Sales tax ID

Val­ue added tax iden­ti­fi­ca­tion num­ber in accor­dance with § 27 a of the Val­ue Added Tax Act:

DE351523644

1.5 EU dis­pute res­o­lu­tion

The Euro­pean Com­mis­sion pro­vides a plat­form for online dis­pute res­o­lu­tion (OS): https://ec.europa.eu/consumers/odr/.

You can find our e‑mail address in the legal notice above.

1.7 Con­sumer dis­pute res­o­lu­tion / uni­ver­sal arbi­tra­tion cen­tre

We are not will­ing or oblig­ed to par­tic­i­pate in dis­pute res­o­lu­tion pro­ceed­ings before a con­sumer arbi­tra­tion board.

2 Pri­va­cy pol­i­cy

2.1 Data pro­tec­tion at a glance

2.1.1 Gen­er­al infor­ma­tion

The fol­low­ing infor­ma­tion pro­vides a sim­ple overview of what hap­pens to your per­son­al data when you vis­it this web­site. Per­son­al data is any data that can be used to iden­ti­fy you per­son­al­ly. Detailed infor­ma­tion on the sub­ject of data pro­tec­tion can be found in our data pro­tec­tion dec­la­ra­tion list­ed below this text.

2.1.2 Data col­lec­tion on this web­site

2.1.2.1 Who is respon­si­ble for data col­lec­tion on this web­site?

Data pro­cess­ing on this web­site is car­ried out by the web­site oper­a­tor. You can find the oper­a­tor’s con­tact details in the “Infor­ma­tion on the con­troller” sec­tion of this pri­va­cy pol­i­cy.

2.1.2.2 How do we col­lect your data?

On the one hand, your data is col­lect­ed when you pro­vide it to us. This may, for exam­ple, be data that you enter in a con­tact form.

Oth­er data is col­lect­ed auto­mat­i­cal­ly or with your con­sent by our IT sys­tems when you vis­it the web­site. This is pri­mar­i­ly tech­ni­cal data (e.g. inter­net brows­er, oper­at­ing sys­tem or time of page view). This data is col­lect­ed auto­mat­i­cal­ly as soon as you enter this web­site.

2.1.2.3 What do we use your data for?

Some of the data is col­lect­ed to ensure that the web­site is pro­vid­ed with­out errors. Oth­er data may be used to analyse your user behav­iour.

2.1.2.4 What rights do you have with regard to your data?

You have the right to receive infor­ma­tion about the ori­gin, recip­i­ent and pur­pose of your stored per­son­al data free of charge at any time. You also have the right to request the cor­rec­tion or dele­tion of this data. If you have giv­en your con­sent to data pro­cess­ing, you can revoke this con­sent at any time for the future. You also have the right to request the restric­tion of the pro­cess­ing of your per­son­al data under cer­tain cir­cum­stances. Fur­ther­more, you have the right to lodge a com­plaint with the com­pe­tent super­vi­so­ry author­i­ty.

You can con­tact us at any time regard­ing this and oth­er ques­tions on the sub­ject of data pro­tec­tion.

2.1.3 Analy­sis tools and tools from third-par­ty providers

When you vis­it this web­site, your surf­ing behav­iour may be sta­tis­ti­cal­ly eval­u­at­ed. This is pri­mar­i­ly done using so-called analy­sis pro­grammes.

Detailed infor­ma­tion on these analy­sis pro­grammes can be found in the fol­low­ing pri­va­cy pol­i­cy.

2.2 Host­ing

2.2.1 Netcup

We host our web­site with Netcup. The provider is netcup GmbH, Daim­ler­straße 25, 76185 Karl­sruhe, Ger­many (here­inafter referred to as “Netcup”). When you vis­it our web­site, Netcup records var­i­ous log files includ­ing your IP address­es.

Fur­ther infor­ma­tion can be found in Netcup’s pri­va­cy pol­i­cy: https://www.netcup.com/de/kontakt/datenschutzerklaerung

The use of Netcup is based on Art. 6 para. 1 lit. f GDPR. We have a legit­i­mate inter­est in ensur­ing that our web­site is dis­played as reli­ably as pos­si­ble. If a cor­re­spond­ing con­sent has been request­ed, the pro­cess­ing is car­ried out exclu­sive­ly on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, inso­far as the con­sent includes the stor­age of cook­ies or access to infor­ma­tion in the user’s ter­mi­nal device (e.g. device fin­ger­print­ing) with­in the mean­ing of the TTDSG. Con­sent can be revoked at any time.

2.3 Gen­er­al notes and manda­to­ry infor­ma­tion

2.3.1 Data pro­tec­tion

The oper­a­tors of these pages take the pro­tec­tion of your per­son­al data very seri­ous­ly. We treat your per­son­al data con­fi­den­tial­ly and in accor­dance with the statu­to­ry data pro­tec­tion reg­u­la­tions and this pri­va­cy pol­i­cy.

When you use this web­site, var­i­ous per­son­al data is col­lect­ed. Per­son­al data is data that can be used to iden­ti­fy you per­son­al­ly. This pri­va­cy pol­i­cy explains what data we col­lect and what we use it for. It also explains how and for what pur­pose this is done.

We would like to point out that data trans­mis­sion over the Inter­net (e.g. when com­mu­ni­cat­ing by email) may be sub­ject to secu­ri­ty vul­ner­a­bil­i­ties. Com­plete pro­tec­tion of data against access by third par­ties is not pos­si­ble.

2.3.2 Note on the respon­si­ble body

The con­troller respon­si­ble for data pro­cess­ing on this web­site is

Exi­Men­tor — Stef­fen Scholle
Emsring 3
44628 Herne
Phone: 023454574690
E‑mail: info@eximentor.de

The con­troller is the nat­ur­al or legal per­son who alone or joint­ly with oth­ers deter­mines the pur­pos­es and means of the pro­cess­ing of per­son­al data (e.g. names, e‑mail address­es, etc.).

2.3.3 Stor­age peri­od

Unless a more spe­cif­ic stor­age peri­od has been spec­i­fied in this pri­va­cy pol­i­cy, your per­son­al data will remain with us until the pur­pose for data pro­cess­ing no longer applies. If you assert a jus­ti­fied request for dele­tion or revoke your con­sent to data pro­cess­ing, your data will be delet­ed unless we have oth­er legal­ly per­mis­si­ble rea­sons for stor­ing your per­son­al data (e.g. reten­tion peri­ods under tax or com­mer­cial law); in the lat­ter case, the dele­tion will take place after these rea­sons no longer apply.

2.3.4 Gen­er­al infor­ma­tion on the legal basis for data pro­cess­ing on this web­site

If you have con­sent­ed to data pro­cess­ing, we process your per­son­al data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, inso­far as spe­cial cat­e­gories of data are processed in accor­dance with Art. 9 para. 1 GDPR. In the event of express con­sent to the trans­fer of per­son­al data to third coun­tries, data pro­cess­ing is also car­ried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have con­sent­ed to the stor­age of cook­ies or access to infor­ma­tion in your end device (e.g. via device fin­ger­print­ing), the data pro­cess­ing is also car­ried out on the basis of Sec­tion 25 (1) TTDSG. Con­sent can be revoked at any time. If your data is required to ful­fil a con­tract or to car­ry out pre-con­trac­tu­al mea­sures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Fur­ther­more, we process your data if this is nec­es­sary to ful­fil a legal oblig­a­tion on the basis of Art. 6 para. 1 lit. c GDPR. Data pro­cess­ing may also be car­ried out on the basis of our legit­i­mate inter­est in accor­dance with Art. 6 para. 1 lit. f GDPR. Infor­ma­tion on the rel­e­vant legal bases in each indi­vid­ual case is pro­vid­ed in the fol­low­ing para­graphs of this pri­va­cy pol­i­cy.

2.3.5 Note on data trans­fer to the USA and oth­er third coun­tries

Among oth­er things, we use tools from com­pa­nies based in the USA or oth­er third coun­tries that are not secure under data pro­tec­tion law. If these tools are active, your per­son­al data may be trans­ferred to these third coun­tries and processed there. We would like to point out that a lev­el of data pro­tec­tion com­pa­ra­ble to that in the EU can­not be guar­an­teed in these coun­tries. For exam­ple, US com­pa­nies are oblig­ed to hand over per­son­al data to secu­ri­ty author­i­ties with­out you as the data sub­ject being able to take legal action against this. It can there­fore not be ruled out that US author­i­ties (e.g. secret ser­vices) may process, analyse and per­ma­nent­ly store your data on US servers for sur­veil­lance pur­pos­es. We have no influ­ence on these pro­cess­ing activ­i­ties.

2.3.6 Revo­ca­tion of your con­sent to data pro­cess­ing

Many data pro­cess­ing oper­a­tions are only pos­si­ble with your express con­sent. You can with­draw your con­sent at any time. The legal­i­ty of the data pro­cess­ing car­ried out until the revo­ca­tion remains unaf­fect­ed by the revo­ca­tion.

2.3.7 Right to object to the col­lec­tion of data in spe­cial cas­es and to direct adver­tis­ing (Art. 21 GDPR)

If data pro­cess­ing is car­ried out on the basis of Art. 6 para. 1 lit. e or f GDPR, you have the right to object to the pro­cess­ing of your per­son­al data at any time for rea­sons aris­ing from your par­tic­u­lar sit­u­a­tion; this also applies to pro­fil­ing based on these pro­vi­sions. The respec­tive legal basis on which pro­cess­ing is based can be found in this pri­va­cy pol­i­cy. If you lodge an objec­tion, we will no longer process your per­son­al data con­cerned unless we can demon­strate com­pelling legit­i­mate grounds for the pro­cess­ing which over­ride your inter­ests, rights and free­doms or the pro­cess­ing serves the estab­lish­ment, exer­cise or defence of legal claims (objec­tion pur­suant to Art. 21 (1) GDPR).

If your per­son­al data are processed for the pur­pose of direct mar­ket­ing, you have the right to object at any time to the pro­cess­ing of per­son­al data con­cern­ing you for the pur­pose of such mar­ket­ing; this also applies to pro­fil­ing inso­far as it is asso­ci­at­ed with such direct mar­ket­ing. If you object, your per­son­al data will sub­se­quent­ly no longer be used for the pur­pose of direct mar­ket­ing (objec­tion pur­suant to Art. 21 (2) GDPR).

2.3.8 Right to lodge a com­plaint with the com­pe­tent super­vi­so­ry author­i­ty

In the event of vio­la­tions of the GDPR, data sub­jects have the right to lodge a com­plaint with a super­vi­so­ry author­i­ty, in par­tic­u­lar in the Mem­ber State of their habit­u­al res­i­dence, place of work or place of the alleged vio­la­tion. The right to lodge a com­plaint is with­out prej­u­dice to any oth­er admin­is­tra­tive or judi­cial reme­dies.

2.3.9 Right to data porta­bil­i­ty

You have the right to have data that we process auto­mat­i­cal­ly on the basis of your con­sent or in ful­fil­ment of a con­tract hand­ed over to you or to a third par­ty in a com­mon­ly used, machine-read­able for­mat. If you request the direct trans­fer of the data to anoth­er con­troller, this will only be done inso­far as it is tech­ni­cal­ly fea­si­ble.

2.3.10 SSL or TLS encryp­tion

This site uses SSL or TLS encryp­tion for secu­ri­ty rea­sons and to pro­tect the trans­mis­sion of con­fi­den­tial con­tent, such as orders or enquiries that you send to us as the site oper­a­tor. You can recog­nise an encrypt­ed con­nec­tion by the fact that the address line of the brows­er changes from “http://” to “https://” and by the lock sym­bol in your brows­er line.

If SSL or TLS encryp­tion is acti­vat­ed, the data you trans­mit to us can­not be read by third par­ties.

2.3.11 Infor­ma­tion, era­sure and rec­ti­fi­ca­tion

With­in the frame­work of the applic­a­ble legal pro­vi­sions, you have the right to free infor­ma­tion about your stored per­son­al data, its ori­gin and recip­i­ents and the pur­pose of the data pro­cess­ing and, if nec­es­sary, a right to cor­rec­tion or dele­tion of this data at any time. You can con­tact us at any time if you have fur­ther ques­tions on the sub­ject of per­son­al data.

2.3.12 Right to restric­tion of pro­cess­ing

You have the right to request the restric­tion of the pro­cess­ing of your per­son­al data. You can con­tact us at any time to do this. The right to restric­tion of pro­cess­ing exists in the fol­low­ing cas­es

  • If you dis­pute the accu­ra­cy of your per­son­al data stored by us, we gen­er­al­ly need time to ver­i­fy this. For the dura­tion of the review, you have the right to request that the pro­cess­ing of your per­son­al data be restrict­ed.
  • If the pro­cess­ing of your per­son­al data was/is unlaw­ful, you can request the restric­tion of data pro­cess­ing instead of era­sure.
  • If we no longer need your per­son­al data, but you need it for the exer­cise, defence or asser­tion of legal claims, you have the right to request the restric­tion of the pro­cess­ing of your per­son­al data instead of its era­sure.
  • If you have lodged an objec­tion in accor­dance with Art. 21 para. 1 GDPR, a bal­ance must be struck between your inter­ests and ours. As long as it has not yet been deter­mined whose inter­ests pre­vail, you have the right to request the restric­tion of the pro­cess­ing of your per­son­al data.

If you have restrict­ed the pro­cess­ing of your per­son­al data, this data — apart from its stor­age — may only be processed with your con­sent or for the estab­lish­ment, exer­cise or defence of legal claims or for the pro­tec­tion of the rights of anoth­er nat­ur­al or legal per­son or for rea­sons of impor­tant pub­lic inter­est of the Euro­pean Union or of a Mem­ber State.

2.3.13 Objec­tion to adver­tis­ing emails

We here­by object to the use of con­tact data pub­lished as part of our oblig­a­tion to pro­vide a legal notice for the pur­pose of send­ing unso­licit­ed adver­tis­ing and infor­ma­tion mate­r­i­al. The oper­a­tors of the web­site express­ly reserve the right to take legal action in the event of the unso­licit­ed send­ing of adver­tis­ing infor­ma­tion, such as spam e‑mails.

2.4 Data col­lec­tion on this web­site

2.4.1 Cook­ies

Our Inter­net pages use so-called “cook­ies”. Cook­ies are small text files and do not cause any dam­age to your end device. They are stored on your device either tem­porar­i­ly for the dura­tion of a ses­sion (ses­sion cook­ies) or per­ma­nent­ly (per­ma­nent cook­ies). Ses­sion cook­ies are auto­mat­i­cal­ly delet­ed at the end of your vis­it. Per­ma­nent cook­ies remain stored on your end device until you delete them your­self or they are auto­mat­i­cal­ly delet­ed by your web brows­er.

In some cas­es, cook­ies from third-par­ty com­pa­nies may also be stored on your device when you vis­it our web­site (third-par­ty cook­ies). These enable us or you to use cer­tain ser­vices of the third-par­ty com­pa­ny (e.g. cook­ies for pro­cess­ing pay­ment ser­vices).

Cook­ies have var­i­ous func­tions. Many cook­ies are tech­ni­cal­ly nec­es­sary, as cer­tain web­site func­tions would not work with­out them (e.g. the shop­ping bas­ket func­tion or the dis­play of videos). Oth­er cook­ies are used to eval­u­ate user behav­iour or dis­play adver­tis­ing.

Cook­ies that are required to car­ry out the elec­tron­ic com­mu­ni­ca­tion process, to pro­vide cer­tain func­tions that you have request­ed (e.g. for the shop­ping bas­ket func­tion) or to opti­mise the web­site (e.g. cook­ies to mea­sure the web audi­ence) (nec­es­sary cook­ies) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless anoth­er legal basis is spec­i­fied. The web­site oper­a­tor has a legit­i­mate inter­est in the stor­age of nec­es­sary cook­ies for the tech­ni­cal­ly error-free and opti­mised pro­vi­sion of its ser­vices. If con­sent to the stor­age of cook­ies and com­pa­ra­ble recog­ni­tion tech­nolo­gies has been request­ed, the pro­cess­ing is car­ried out exclu­sive­ly on the basis of this con­sent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); con­sent can be revoked at any time.

You can set your brows­er so that you are informed about the set­ting of cook­ies and only allow cook­ies in indi­vid­ual cas­es, exclude the accep­tance of cook­ies for cer­tain cas­es or in gen­er­al and acti­vate the auto­mat­ic dele­tion of cook­ies when clos­ing the brows­er. If cook­ies are deac­ti­vat­ed, the func­tion­al­i­ty of this web­site may be restrict­ed.

If cook­ies are used by third-par­ty com­pa­nies or for analy­sis pur­pos­es, we will inform you about this sep­a­rate­ly in this pri­va­cy pol­i­cy and, if nec­es­sary, request your con­sent.

2.4.2 Con­tact form

If you send us enquiries via the con­tact form, your details from the enquiry form, includ­ing the con­tact details you pro­vide there, will be stored by us for the pur­pose of pro­cess­ing the enquiry and in the event of fol­low-up ques­tions. We will not pass on this data with­out your con­sent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is relat­ed to the ful­fil­ment of a con­tract or is nec­es­sary for the imple­men­ta­tion of pre-con­trac­tu­al mea­sures. In all oth­er cas­es, the pro­cess­ing is based on our legit­i­mate inter­est in the effec­tive pro­cess­ing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your con­sent (Art. 6 para. 1 lit. a GDPR) if this has been request­ed; con­sent can be revoked at any time.

We will retain the data you pro­vide on the con­tact form until you request its dele­tion, revoke your con­sent for its stor­age, or the pur­pose for its stor­age no longer per­tains (e.g. after ful­fill­ing your request). Manda­to­ry statu­to­ry pro­vi­sions — in par­tic­u­lar reten­tion peri­ods — remain unaf­fect­ed.

2.4.3 Enquiry by e‑mail or tele­phone

If you con­tact us by e‑mail or tele­phone, we will store and process your enquiry includ­ing all per­son­al data (name, enquiry) for the pur­pose of pro­cess­ing your request. We will not pass on this data with­out your con­sent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is relat­ed to the ful­fil­ment of a con­tract or is nec­es­sary for the imple­men­ta­tion of pre-con­trac­tu­al mea­sures. In all oth­er cas­es, the pro­cess­ing is based on our legit­i­mate inter­est in the effec­tive pro­cess­ing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your con­sent (Art. 6 para. 1 lit. a GDPR) if this has been request­ed; con­sent can be revoked at any time.

The data you send to us via con­tact requests will remain with us until you ask us to delete it, revoke your con­sent to stor­age or the pur­pose for data stor­age no longer applies (e.g. after your request has been processed). Manda­to­ry statu­to­ry pro­vi­sions — in par­tic­u­lar statu­to­ry reten­tion peri­ods — remain unaf­fect­ed.

2.5 Social media

2.5.1 LinkedIn plu­g­in

This web­site uses func­tions of the LinkedIn net­work. The provider is LinkedIn Ire­land Unlim­it­ed Com­pa­ny, Wilton Plaza, Wilton Place, Dublin 2, Ire­land.

Each time you access a page on this web­site that con­tains LinkedIn func­tions, a con­nec­tion to LinkedIn servers is estab­lished. LinkedIn is informed that you have vis­it­ed this web­site with your IP address. If you click on the LinkedIn “Rec­om­mend” but­ton and are logged into your LinkedIn account, LinkedIn is able to asso­ciate your vis­it to this web­site with you and your user account. We would like to point out that, as the provider of the pages, we have no knowl­edge of the con­tent of the trans­mit­ted data or its use by LinkedIn.

The LinkedIn plu­g­in is used on the basis of Art. 6 para. 1 lit. f GDPR. The web­site oper­a­tor has a legit­i­mate inter­est in the widest pos­si­ble vis­i­bil­i­ty in social media. If a cor­re­spond­ing con­sent has been request­ed, the pro­cess­ing is car­ried out exclu­sive­ly on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, inso­far as the con­sent includes the stor­age of cook­ies or access to infor­ma­tion in the user’s end device (e.g. device fin­ger­print­ing) with­in the mean­ing of the TTDSG. Con­sent can be revoked at any time.

Data trans­fer to the USA is based on the stan­dard con­trac­tu­al claus­es of the EU Com­mis­sion. You can find details here: https://www.linkedin.com/help/linkedin/answer/62538/datenubertragung-aus-der-eu-dem-ewr-und-der-schweiz?lang=de

Fur­ther infor­ma­tion on this can be found in Linked­In’s pri­va­cy pol­i­cy at: https://www.linkedin.com/legal/privacy-policy.

2.5.2 XING plu­g­in

This web­site uses func­tions of the XING net­work. The provider is New Work SE, Damm­torstraße 30, 20354 Ham­burg, Ger­many.

Each time one of our pages con­tain­ing XING func­tions is accessed, a con­nec­tion to XING servers is estab­lished. To the best of our knowl­edge, no per­son­al data is stored in the process. In par­tic­u­lar, no IP address­es are stored and usage behav­iour is not eval­u­at­ed.

The data is stored and analysed on the basis of Art. 6 para. 1 lit. f GDPR. The web­site oper­a­tor has a legit­i­mate inter­est in the widest pos­si­ble vis­i­bil­i­ty in social media. If a cor­re­spond­ing con­sent has been request­ed, the pro­cess­ing is car­ried out exclu­sive­ly on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, inso­far as the con­sent includes the stor­age of cook­ies or access to infor­ma­tion in the user’s end device (e.g. device fin­ger­print­ing) with­in the mean­ing of the TTDSG. Con­sent can be revoked at any time.

Fur­ther infor­ma­tion on data pro­tec­tion and the XING Share but­ton can be found in XING’s pri­va­cy pol­i­cy at: https://www.xing.com/app/share?op=data_protection.

2.6 Audio and video con­fer­ences

2.6.1.1 Data pro­cess­ing

We use online con­fer­enc­ing tools, among oth­er things, to com­mu­ni­cate with our cus­tomers. The indi­vid­ual tools we use are list­ed below. If you com­mu­ni­cate with us by video or audio con­fer­ence via the inter­net, your per­son­al data will be col­lect­ed and processed by us and the provider of the respec­tive con­fer­ence tool.

The con­fer­enc­ing tools col­lect all the data that you provide/enter to use the tools (e‑mail address and/or your tele­phone num­ber). The con­fer­ence tools also process the dura­tion of the con­fer­ence, the start and end (time) of par­tic­i­pa­tion in the con­fer­ence, the num­ber of par­tic­i­pants and oth­er “con­tex­tu­al infor­ma­tion” in con­nec­tion with the com­mu­ni­ca­tion process (meta­da­ta).

Fur­ther­more, the provider of the tool process­es all tech­ni­cal data required for the pro­cess­ing of online com­mu­ni­ca­tion. This includes, in par­tic­u­lar, IP address­es, MAC address­es, device IDs, device type, oper­at­ing sys­tem type and ver­sion, client ver­sion, cam­era type, micro­phone or loud­speak­er and the type of con­nec­tion.

If con­tent is exchanged, uploaded or pro­vid­ed in any oth­er way with­in the tool, this is also stored on the tool provider’s servers. Such con­tent includes, in par­tic­u­lar, cloud record­ings, chat/instant mes­sages, voice­mails, uploaded pho­tos and videos, files, white­boards and oth­er infor­ma­tion shared while using the ser­vice.

Please note that we do not have full con­trol over the data pro­cess­ing oper­a­tions of the tools used. Our options are large­ly deter­mined by the com­pa­ny pol­i­cy of the respec­tive provider. Fur­ther infor­ma­tion on data pro­cess­ing by the con­fer­ence tools can be found in the pri­va­cy poli­cies of the tools used, which we have list­ed below this text.

2.6.1.2 Pur­pose and legal basis

The con­fer­ence tools are used to com­mu­ni­cate with prospec­tive or exist­ing con­trac­tu­al part­ners or to offer cer­tain ser­vices to our cus­tomers (Art. 6 para. 1 lit. b GDPR). Fur­ther­more, the use of the tools serves the gen­er­al sim­pli­fi­ca­tion and accel­er­a­tion of com­mu­ni­ca­tion with us or our com­pa­ny (legit­i­mate inter­est with­in the mean­ing of Art. 6 para. 1 lit. f GDPR). If con­sent has been request­ed, the tools in ques­tion are used on the basis of this con­sent; con­sent can be with­drawn at any time with effect for the future.

2.6.1.3 Stor­age dura­tion

The data col­lect­ed direct­ly by us via the video and con­fer­ence tools will be delet­ed from our sys­tems as soon as you ask us to delete it, revoke your con­sent to stor­age or the pur­pose for data stor­age no longer applies. Stored cook­ies remain on your end device until you delete them. Manda­to­ry statu­to­ry reten­tion peri­ods remain unaf­fect­ed.

We have no influ­ence on the stor­age peri­od of your data that is stored by the oper­a­tors of the con­fer­ence tools for their own pur­pos­es. For details, please con­tact the oper­a­tors of the con­fer­ence tools direct­ly.

2.6.1.4 Con­fer­ence tools used

We use the fol­low­ing con­fer­enc­ing tools:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Cor­po­ra­tion, One Microsoft Way, Red­mond, WA 98052–6399, USA. Details on data pro­cess­ing can be found in the Microsoft Teams pri­va­cy pol­i­cy: https://privacy.microsoft.com/de-de/privacystatement.

Google Meets

We use Google Meets. The provider is Google, 1600 Amphithe­atre Park­way. Moun­tain View, CA 94043, USA. Details on data pro­cess­ing can be found in Google’s pri­va­cy pol­i­cy:

https://policies.google.com/privacy

1 Scope of appli­ca­tion
1.1 The fol­low­ing gen­er­al terms and con­di­tions apply to all legal trans­ac­tions between the engi­neer­ing office Exi­Men­tor Stef­fen Scholle — here­inafter referred to as Exi­Men­tor — and its con­trac­tu­al part­ner — here­inafter referred to as the customer/client.

1.2 Inso­far as indi­vid­ual con­trac­tu­al pro­vi­sions exist that devi­ate from or con­tra­dict the pro­vi­sions of these Gen­er­al Terms and Con­di­tions, the indi­vid­ual con­trac­tu­al pro­vi­sions shall take prece­dence.

2 Sub­ject mat­ter of the con­tract
2.1 The con­tract­ing par­ties agree to work togeth­er in accor­dance with the spe­cif­ic, indi­vid­ual con­trac­tu­al agree­ment. An employ­ment con­tract is not intend­ed by the par­ties and is not estab­lished.

2.2 Exi­Men­tor shall itself be respon­si­ble for social secu­ri­ty con­tri­bu­tions and tax mat­ters and shall indem­ni­fy the client against any oblig­a­tions.

2.3 Exi­Men­tor is free to also work for oth­er cus­tomers.

2.4 Exi­Men­tor does not con­clude con­tracts with con­sumers with­in the mean­ing of § 13 BGB. When con­clud­ing a con­tract with Exi­Men­tor, the cus­tomer assures to act as an entre­pre­neur accord­ing to § 14 BGB or as a mer­chant accord­ing to HGB.

3 Con­clu­sion of the con­tract
3.1 Offers are non-bind­ing and mere­ly rep­re­sent an invi­ta­tion to the cus­tomer to place an order. A con­tract is only con­clud­ed when Exi­Men­tor accepts the order by means of an order con­fir­ma­tion. If the cus­tomer does not receive an order con­fir­ma­tion with­in 7 days, the order has not been accept­ed by Exi­Men­tor and there­fore no con­tract has been con­clud­ed.

3.2 The sub­ject mat­ter of the con­tract or the exact task descrip­tion is described in the writ­ten offer.

4 Con­tract dura­tion and can­cel­la­tion
4.1 The con­tract begins with the order con­fir­ma­tion, unless an indi­vid­ual date is spec­i­fied.

4.2 The con­tract may be ter­mi­nat­ed by either par­ty in writ­ing with one (1) mon­th’s notice. The costs incurred up to that point shall be invoiced.

4.3 For sem­i­nars and train­ing cours­es, can­cel­la­tion is pos­si­ble free of charge up to four­teen days before the date. In the event of lat­er can­cel­la­tion, 60% of the costs stat­ed in the offer will be charged. In the event of can­cel­la­tion with­in two days of the date, 100% of the costs stat­ed in the offer will be charged.

4.4 Can­cel­la­tion with­out notice for good cause is pos­si­ble by either par­ty. Good cause exists, for exam­ple, if the cus­tomer is in arrears with pay­ment and fails to make pay­ment after the expiry of a rea­son­able grace peri­od, if the cus­tomer suf­fers finan­cial col­lapse after the con­clu­sion of the con­tract (inabil­i­ty to pay, insol­ven­cy), unless an appli­ca­tion for the open­ing of insol­ven­cy pro­ceed­ings has already been filed, or if Exi­Men­tor fails to pro­vide its ser­vices in accor­dance with the con­tract.

5 Scope of ser­vices, oblig­a­tions of the con­trac­tu­al part­ners
5.1 The ser­vices to be pro­vid­ed by Exi­Men­tor gen­er­al­ly include the tasks list­ed in detail in the offer.

5.2 Exi­Men­tor shall peri­od­i­cal­ly inform the Cus­tomer of the results of its activ­i­ties. The con­tract­ing par­ties may agree a sched­ule for the pro­vi­sion of ser­vices and a planned end date for the com­ple­tion of ser­vices in the con­tract.

5.3 If Exi­Men­tor is actu­al­ly unable to ful­fil the con­trac­tu­al­ly owed per­for­mance of an order, it must inform the cus­tomer imme­di­ate­ly.

5.4 The par­ties shall endeav­our to the best of their knowl­edge and belief to sup­port the con­trac­tu­al part­ner in the per­for­mance of the respec­tive oblig­a­tion by pro­vid­ing infor­ma­tion, infor­ma­tion or expe­ri­ence in order to ensure a smooth and effi­cient work­flow for both par­ties.

5.5 Each of the con­tract­ing par­ties may request changes to the agreed scope of ser­vices from the oth­er con­tract­ing par­ty in writ­ing. Upon receipt of a change request, the recip­i­ent shall check whether and under what con­di­tions the change is fea­si­ble and shall imme­di­ate­ly noti­fy the appli­cant in text form of the approval or rejec­tion and, if nec­es­sary, give rea­sons. If a change request from the cus­tomer requires an exten­sive review, Exi­Men­tor may charge for the review effort for this with pri­or notice if the cus­tomer nev­er­the­less insists on the review of the change request.

5.6 If nec­es­sary, the con­trac­tu­al adjust­ments to the agreed con­di­tions and ser­vices required for a review and/or amend­ment shall be set out in writ­ing in an amend­ment agree­ment and shall be con­clud­ed in accor­dance with these Gen­er­al Terms and Con­di­tions.

5.7 The cus­tomer guar­an­tees that it will pro­vide all infor­ma­tion essen­tial for the plan­ning, exe­cu­tion and com­ple­tion of the order in a time­ly and truth­ful man­ner.

5.8 Exi­Men­tor under­takes to use its best endeav­ours and there­fore makes no guar­an­tees as to the results of the assign­ment, unless express­ly agreed oth­er­wise.

5.9 Changes made to an order that has already been placed may result in the orig­i­nal­ly agreed com­ple­tion peri­od being exceed­ed.

6 Prices and terms of pay­ment
6.1 Billing is based on time and mate­r­i­al. Pay­ments are due at the hourly rate stat­ed in the offer. The hours shall be invoiced month­ly for the full month.

6.2 The hours stat­ed in the offer are esti­mates and are not bind­ing. The quan­ti­ties on which an esti­mate is based are based on an assess­ment of the scope of ser­vices car­ried out to the best of our knowl­edge.

6.3 If, due to unex­pect­ed activ­i­ties, a change in the scope, incor­rect or incom­plete infor­ma­tion has been pro­vid­ed and addi­tion­al costs are there­fore incurred, a fur­ther quo­ta­tion shall be pre­pared for this scope or a writ­ten or ver­bal agree­ment shall be reached on exceed­ing the hours stat­ed in the quo­ta­tion.

6.4 The prices in the offer are net prices plus statu­to­ry VAT. VAT shall be invoiced at the rate applic­a­ble at the time of per­for­mance.

6.5 The prices quot­ed do not include any costs for cer­ti­fi­ca­tion or test­ing that may be incurred by a noti­fied body.

6.6 Invoic­es are payable on receipt with­out deduc­tion with­in 30 days.

6.7 Offers are valid for 3 months from the date of issue.

6.8 If, after con­clu­sion of the con­tract but before the order has been ful­ly exe­cut­ed, the fac­tors rel­e­vant to the fee (e.g. wages or prices) change, Exi­Men­tor shall be enti­tled to adjust the pre­vi­ous­ly agreed fee accord­ing­ly.

6.9 Any trav­el­ling expens­es incurred shall amount to 60 ct/km (jour­ney from Herne).

6.10 Any accom­mo­da­tion costs incurred amount to €100 per night.

7 Deliv­ery
7.1 The doc­u­ments cre­at­ed shall be trans­ferred imme­di­ate­ly upon com­ple­tion of the project or in the mean­time by e‑mail, Microsoft OneDrive or a dig­i­tal trans­port method pro­vid­ed by the cus­tomer.

8 Lia­bil­i­ty
8.1 Exi­Men­tor shall not be liable for dam­ages caused by the cus­tomer or its employ­ees not fol­low­ing Exi­Men­tor’s instruc­tions and/or statu­to­ry pro­vi­sions.

8.2 Exi­Men­tor accepts no lia­bil­i­ty for mis­un­der­stand­ings in the case of ver­bal, tele­phone or oth­er infor­ma­tion. Exi­Men­tor shall not be liable for any loss or dam­age suf­fered by the Cus­tomer as a result of incor­rect infor­ma­tion pro­vid­ed by or on behalf of the Cus­tomer or infor­ma­tion where Exi­Men­tor has act­ed in good faith as to the accu­ra­cy of such infor­ma­tion. The Cus­tomer shall be liable for all costs and com­pli­ca­tions rea­son­ably aris­ing there­from.

8.3 Exi­Men­tor is nev­er liable for indi­rect dam­age, includ­ing con­se­quen­tial dam­age, loss of prof­it, loss of sav­ings and loss due to busi­ness inter­rup­tion.

8.4 Exi­Men­tor shall only be liable for dam­ages if the Cus­tomer requires Exi­Men­tor to ful­fil its oblig­a­tions and Exi­Men­tor has nev­er­the­less neg­li­gent­ly failed to ful­fil the oblig­a­tions in ques­tion.

8.5 Exi­Men­tor shall only be liable for dam­ages — irre­spec­tive of the legal grounds — in cas­es of intent and gross neg­li­gence. In the event of sim­ple neg­li­gence, Exi­Men­tor shall only be liable

a) for dam­ages result­ing from injury to life, body or health,
b) for dam­ages aris­ing from the breach of a mate­r­i­al con­trac­tu­al oblig­a­tion (an oblig­a­tion whose ful­fil­ment is essen­tial for the prop­er per­for­mance of the con­tract and on whose com­pli­ance the con­trac­tu­al part­ner reg­u­lar­ly relies and may rely); in this case, Exi­Men­tor’s lia­bil­i­ty shall be lim­it­ed to a max­i­mum of the invoice amount, or at least to that part of the amount to which the lia­bil­i­ty relates. In the case of a long-term con­tract, this is lim­it­ed to the last three months of the con­tract term.

8.6 The Cus­tomer shall take all mea­sures as soon as pos­si­ble to pre­vent or lim­it the dam­age for which Exi­Men­tor can be held liable.

8.7 Com­plaints regard­ing the work car­ried out or the invoice amount must be noti­fied to Exi­Men­tor by the Cus­tomer in writ­ing with­in four weeks of com­ple­tion of the work. Com­plaints shall not sus­pend the Cus­tomer’s pay­ment oblig­a­tions.

8.8 If and inso­far as a com­plaint is upheld, Exi­Men­tor has the choice between adjust­ing the invoice amount and rec­ti­fy­ing the work com­plained about free of charge or car­ry­ing it out again. If the sub­se­quent exe­cu­tion of the work is demon­stra­bly point­less, the cus­tomer shall be enti­tled to a pro rata refund of the fee already paid.

8.9 If it tran­spires that a com­plaint is unfound­ed, the costs incurred as a result shall be borne in full by the cus­tomer.

9 Con­fi­den­tial­i­ty
9.1 The Cus­tomer and Exi­Men­tor are oblig­ed to treat as con­fi­den­tial all con­fi­den­tial infor­ma­tion that they have received from each oth­er or from anoth­er source in con­nec­tion with the con­tract. Infor­ma­tion shall be deemed to be con­fi­den­tial if this is announced by the oth­er par­ty or is evi­dent from the nature of the infor­ma­tion.

9.2 If Exi­Men­tor is required by law or court order to dis­close Con­fi­den­tial Infor­ma­tion to third par­ties or is required by a court judge­ment to dis­close Con­fi­den­tial Infor­ma­tion to cer­tain third par­ties and Exi­Men­tor can­not assert a right to con­fi­den­tial­i­ty, Exi­Men­tor shall not be oblig­ed to pay com­pen­sa­tion and the Client shall not be enti­tled to ter­mi­nate the Con­tract on the basis of any loss suf­fered as a result.
Pro­vid­ed that Exi­Men­tor imme­di­ate­ly informs the cus­tomer in writ­ing for the pur­pose of exer­cis­ing its rights, unless it is pro­hib­it­ed from doing so by law, and that Exi­Men­tor takes all rea­son­able steps to ensure that the con­fi­den­tial infor­ma­tion is treat­ed con­fi­den­tial­ly.

9.3 The Cus­tomer and Exi­Men­tor shall impose their oblig­a­tions under this Arti­cle on any third par­ties they engage.
9.4 The dis­clo­sure of Con­fi­den­tial Infor­ma­tion under the pro­tec­tion of this Agree­ment and this Clause 9 shall express­ly not con­sti­tute pub­li­ca­tion con­trary to a patent appli­ca­tion, shall not be prej­u­di­cial to nov­el­ty and shall not in any way con­fer any right on the oth­er par­ty. If the oth­er par­ty has con­tributed to the cre­ation of results capa­ble of pro­tec­tion, nego­ti­a­tions shall be con­duct­ed on this.

10 Intel­lec­tu­al prop­er­ty
10.1 Notwith­stand­ing the oth­er pro­vi­sions of these Gen­er­al Terms and Con­di­tions, Exi­Men­tor reserves all rights to which Exi­Men­tor is enti­tled under Ger­man copy­right law.
10.2 All doc­u­ments pro­vid­ed by Exi­Men­tor to the Cus­tomer, such as reports, com­put­er pro­grams, sys­tem designs, meth­ods, advice and con­tracts, may be used by the Cus­tomer and may be repro­duced by the Cus­tomer for use in its own organ­i­sa­tion. The doc­u­ments pro­vid­ed by Exi­Men­tor may not be passed on, repro­duced, utilised or dis­closed to third par­ties by the cus­tomer, unless the nature of the doc­u­ments pro­vid­ed indi­cates oth­er­wise.

10.3 Exi­Men­tor reserves the right to utilise the knowl­edge gained through the exe­cu­tion of the work for oth­er pur­pos­es, pro­vid­ed that no con­fi­den­tial infor­ma­tion is dis­closed to third par­ties as a result.

11 Place of juris­dic­tion
11.1 The busi­ness rela­tion­ship between the par­ties shall be gov­erned exclu­sive­ly by Ger­man law.

11.2 If the cus­tomer does not have a gen­er­al place of juris­dic­tion in Ger­many or in anoth­er EU mem­ber state, the exclu­sive place of juris­dic­tion for all dis­putes aris­ing from this con­tract shall be our reg­is­tered office.

12 Oth­er pro­vi­sions
12.1 Despite all efforts, Exi­Men­tor is not respon­si­ble for the suc­cess of the con­sul­ta­tion, in par­tic­u­lar not for the suc­cess­ful cer­ti­fi­ca­tion of the device.

12.2 Lia­bil­i­ty for con­se­quences due to con­sult­ing errors, errors in cal­cu­la­tions or cir­cuits is exclud­ed. In par­tic­u­lar for con­se­quences in the series pro­duc­tion of devices or in the event of their recall.

12.3 Doc­u­ments pro­vid­ed to par­tic­i­pants in sem­i­nars and train­ing cours­es serve exclu­sive­ly as train­ing doc­u­ments for the par­tic­i­pants and may not be passed on or repro­duced.

12.4 Despite all due care, errors in the doc­u­ments can­not be ruled out. Exi­Men­tor is not liable for any errors and their pos­si­ble con­se­quences unless they were caused inten­tion­al­ly or through gross neg­li­gence.

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