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Terms of Use
Our terms of use, transparency creates trust
Robin Data stands for highest
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Robin Data stands for highest
Robin Data GmbH, Fritz-Haber-Str. 9, 06217 Merseburg, Germany (hereinafter referred to as "Robin Data", "we" or "us") operates a data protection management platform (hereinafter referred to as the "Platform") primarily for data protection officers and their customers at https://robin-data.io (hereinafter collectively referred to as our "Service").
1. Scope of the service
1.1 Robin Data enables its contractual partners (hereinafter referred to as "Contractual Partners") to use the Platform and to make use of the Service, provided that the Contractual Partners can provide sufficient technical and organisational possibilities for this purpose.
1.2 Robin Data will only ever provide its services for the Service on the basis of these Terms of Use as amended from time to time.
1.3 Robin Data is entitled to obtain the assistance of independent third parties for the provision of its services (hereinafter referred to as "Third Party Services"). This includes the provision of services which Robin Data requires for the internal provision of the Service as well as services which are effective externally. This may include, for example, the involvement of social network providers as well as app store operators. In the case of externally effective services, the third-party service providers are not subject to Robin Data's instructions. Nor are the third party services provided by Robin Data itself. Robin Data or the third party service provider will identify these services in an appropriate manner. Defects related to Third Party Services are not subject to these Terms of Use and Robin Data is not responsible for these Third Party Services. Generally, these third party services are subject to the terms and conditions of their providers.
2. obligations of Robin Data and details of the functions of the Service
2.1 Each contractual partner is entitled to create additional users of the platform (hereinafter referred to as "Users") based on their profile initially created by Robin Data. Within the scope of the registration process of each User, the User agrees to the validity of these Terms of Use.
2.2 Contractual partners have the possibility to individualise the company profile on the platform.
2.3 Users have the possibility to individualise their user profile created during registration.
2.4 The contractual partners and their individual users have the possibility to operate a digital data protection management by using the forms, templates and completion aids provided on the platform and by adding documents.
2.5 The Contractual Partner's administrative account is able to set up a role and rights concept on the platform for this purpose.
2.6 Contractual partners who act as company data protection officers for various companies have the possibility to switch between the companies they are working with by using the DSB Cockpit without having to log in again.
2.7 Contractual partners have the option of having the technically prescribed reports automatically generated from the data protection management information stored.
3. Further development of the service
3.1 In the continuous development of our platform, we always pay attention to the wishes and needs of our contractual partners and their users. In order to be able to react to any changes that occur, we always provide all contractual partners and users with the latest version of the platform and our service. The changes that occur can affect the scope of use of the platform as well as the system requirements and compatibility conditions. The contractual partner shall not be entitled to maintain a specific development status or version status of the platform. There is also no claim to individual functionalities of the platform, unless explicitly stated in these Terms of Use. Claims for defects of the contractual partner which relate to the technical usability of the service itself shall remain unaffected by this.
4. Duties of the user
4.1 The User may not transmit any personal data (i.e. data that enables the identification of a person) to Robin Data, unless the data protection regulations permit such a transmission or the contractual partner has received the consent of the person concerned.
4.2 During the term of this Agreement, the User will not take any action or provide any assistance that will result in any employee of Robin Data or any of its affiliates terminating their employment with Robin Data. This shall apply to the extent permitted under Section 75 of the German Commercial Code (Handelsgesetzbuch, HGB).
4.3 Robin Data does not verify the information provided by the User.
4.4 The user is obliged to comply with all applicable laws, in particular the provisions of the German Penal Code. Furthermore, they must ensure that their use of the Service does not violate any rights of third parties. In accordance with the statutory provisions, the User further assures that they will not provide any immoral or illegal content via the Service. This includes in particular all content (including member names etc.),
- which are false, inaccurate or misleading;
- that are abusive, racist, sexist, pornographic or obscene;
- which answers the call of Robin Data ...could be harmful;
- which are likely to infringe copyrights, patents, trademarks or other intellectual property rights, the rights to one's own image and other personal rights or rights of third parties
4.5 All access data made available to the user must be kept strictly confidential by the user. If it is suspected or certain that access data has come into the possession of unauthorised third parties, Robin Data must be informed immediately.
4.6 If there is a suspicion of a compromise of the Access Data, Robin Data is entitled, at its own discretion and without prior notice, to change the Access Data and deactivate the associated account. Robin Data will immediately inform the User and the contractual partner and, upon request, will immediately provide the User with the new Access Data. The User is not entitled to have the original Access Data restored.
4.7 The user is liable for all actions of third parties that are based on the unlawful use of access data of the contractual partner. In this case, any access with the access data of the contractual partner shall be deemed access by the contractual partner itself.
5. application specifications
5.1 The User shall refrain from using any devices, software or other means when using the Service which could interfere with the functions of the Service. The same applies to excessive use of technical access that could overload the technical capacities of Robin Data. Blocking of the content generated by Robin Data or changing or adapting it is also not permitted, unless expressly permitted in writing.
5.2 The user shall refrain from doing anything that could jeopardise the performance and availability of the service.
5.3 The use of the Service, including the connection to individual technical components, may only be made via the websites and apps provided by Robin Data. Any making available of the Service to other legal or natural persons outside of the contractual partner is not permitted, in particular by hosting, linking or otherwise providing direct or indirect access to the Service. Excluded from this are employees of the contractual partner.
5.4 The distribution of advertising via the Service by the User is prohibited.
5.5 The distribution of works protected by copyright, for whose specific type of distribution the user has not received authorisation from the rights holder, is prohibited.
5.6 Robin Data has the right to stop violations of this clause 5 of the Terms of Use and to delete infringing content immediately. In this respect, the User and the contractual partner are not entitled to any claim for the restoration of the content, irrespective of the technical possibilities.
6. principles of liability
6.1 The liability of Robin Data is limited to the terms of this Agreement and this clause 6. Except in case of willful misconduct or gross negligence, any liability of Robin Data is excluded. Any liability under the Product Liability Act is not excluded and exists within the statutory framework. The same applies in case of slight negligence of vicarious agents or assistants, with the exception of the following constellations:
- Robin Data shall have unlimited liability for damages caused intentionally or by gross negligence by Robin Data, its legal representatives or officers, as well as for damages caused intentionally by other vicarious agents; in the event of gross negligence by other vicarious agents, Robin Data shall be liable in accordance with the provisions for simple negligence in this clause.
- Robin Data has unlimited liability for death, personal injury or damage to health resulting from the intent or negligence of Robin Data, its legal representatives or agents.
- Robin Data is liable for damages caused by negligent (including ordinary negligence) or intentional breach of its principal obligations by Robin Data, its legal representatives or agents. The Parties make it clear that primary obligations are such obligations that constitute the essence of the Agreement, were decisive for the conclusion of the Agreement and on the performance of which the other party may rely. In the event of a breach of these obligations by Robin Data due to simple negligence, the liability of Robin Data is limited to the amount that Robin Data could foresee at the time of the provision of the Services, but not more than ten times the fees for the last year provided for in the offer that has become the basis of the Agreement.
6.2 Subject to clause 7.1 and except in the case of intent, Robin Data shall not be liable for any indirect or consequential damages in connection with this Agreement or its subject matter, whether such liability is based on negligence, breach of contract, misrepresentation or otherwise, including but not limited to loss of profit, interruption of business and/or interruption of the activities of the other party or its customers, unless otherwise expressly provided in these Terms of Use.
6.3 The other party hereby agrees to indemnify, defend and hold Robin Data and its affiliates, directors, officers, employees, owners and agents harmless from and against any and all claims, proceedings, demands, liabilities, losses, damages, judgments, payments, costs and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of the Agreement and the Terms of Use, including any representation, warranty, covenant, restriction or obligation made by the Counterparty herein, (ii) misuse by the Counterparty or any party controlled by the Counterparty.
7. uptime
7.1 An availability of at least 95 % on an annual average and excluding regular maintenance work as well as service failures due to force majeure shall be determined as a warranted quality of the service. Robin Data may restrict access to the Service if necessary for network security, maintenance of network integrity or prevention of serious malfunctions of the network, software or stored data.
8. intangible property rights/copyrights
8.1 Robin Data holds the exclusive or granted rights to all content of the Service. Any unauthorized distribution, reproduction, deletion or other infringement of Robin Data's intellectual property rights and copyrights will be prosecuted under civil and criminal law.
8.2 In relation to this right, the contractual partner and the Users are only granted a non-exclusive, non-transferable and revocable right to use the Service exclusively in accordance with these Terms of Use. Any other licenses are expressly not granted.
8.3 The respective user guarantees that he is entitled to transmit the information to the platform. He grants Robin Data the right to use the information provided as described in these Terms of Use.
9. duration of contract and termination
9.1 These terms of use become valid with the activation of the respective user account, for the initial administrative account of the contractual partner with conclusion of the contract.
9.2 The term of the agreement corresponds to the duration of the existence of the user account.
10. confidentiality
10.1 The other party agrees that all information disclosed to it, including but not limited to business information, customer information, information about Robin Data employees, pricing information, is strictly confidential and may only be used for the purpose of participating in the Service. Excluded from this are those information that is shared with the contractual partner as defined in § 15 et seq. AktG.
10.2 The contractual partner and its possibly affiliated companies undertake to refrain from using the information made known to it in connection with the Service for any development of competing services or platforms. The same applies to the promotion of third-party developments.
10.3 The foregoing restriction shall not apply to Information that has been developed independently by the receiving Party without access to the other Party's Confidential Information, or that has been lawfully obtained by a third party, or that has been released in writing by the disclosing Party for disclosure, or that has become public, without the receiving Party having breached this Section, or where it is necessary to disclose the information to a competent legal or governmental authority, provided that the receiving Party notifies the disclosing Party in writing without undue delay before disclosure and assists the disclosing Party in obtaining an order protecting the information from disclosure.
11. changes to the terms of use
11.1 These terms and conditions shall apply each time you log on to the Service, in its then current form.
11.2 Robin Data may amend the Terms of Use at any time, provided that the legitimate interests of the other party are not adversely affected contrary to good faith.
11.3 In the event of an adjustment, Robin Data will inform the contractual partner and the Users with reasonable lead time. This can be done either by e-mail or in advance of a registration.
11.4 The contractual partner may object to changes to the agreement within a period of two weeks after first being informed of the intended change.
11.5 The amendments to the Terms of Use shall become binding unless the contractual partner objects to the amendments within the above-mentioned period or continues to use the Service after the expiry of the above-mentioned period.
11.6 If the contracting party objects to the changes in due time, either party may extraordinarily terminate the agreement with a notice period of one month. Until termination, the contractual relationship between the contractual partner and Robin Data is subject to the previous version of the agreement. The contractual partner is not entitled to any further claims against Robin Data.
12. applicable law / legal venue
12.1 This agreement is subject to German law and must be interpreted accordingly. If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), he irrevocably submits to the exclusive jurisdiction of the German courts in Merseburg for any claims, disputes or matters arising from or in connection with this agreement or its enforceability.
13. final provisions
13.1 If at any time in the future there is a change in the operator of the Service, whether through the acquisition of all or substantially all of Robin Data's assets or through a merger with a third party, the previous agreements including these Terms of Service will continue to apply. The other party may not assign or transfer this Agreement or any or all of its rights without the prior written consent of Robin Data. This Agreement shall be binding on the legal representatives, successors and assigns of the parties.
13.2 Changes, additions or the cancellation of the agreement (in whole or in part) must be made in writing (letter, fax or e-mail); the requirement of the written form can only be waived in writing.
13.3 The German version of these Terms of Use is authoritative.
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