Privacy. Security. Experts United.
General terms and conditions of Robin Data GmbH
Our general terms and conditions
Privacy. Security. Experts United.
Our general terms and conditions
Tax number: 122/115/03124
Sales tax ID: DE320992201
Commercial register 26213 at Stendal local court
Represented by the managing director: Prof. Dr. Andre Döring
Company headquarters: Fritz-Haber-Str. 9, 06217 Merseburg, Germany
1.1 The contractual partner is Robin Data GmbH ("Robin Data" or "we" or "us"), represented by the managing director Prof. Dr. Andre Döring. Customer ("Customer" or "you" or "you") is any natural or legal person who is not a consumer within the meaning of § 13 BGB (German Civil Code). In particular, our services are aimed at natural or legal persons who, in accordance with Art. 2 and Art. 3 GDPR (General Data Protection Regulation), must implement the statutory data protection requirements or who wish to obtain information or further training on this subject.
1.2 All contract-relevant information is available in digital form on our website https://www.robin–data.io ("Website", including all sub-pages or sub-domains), can be requested by e-mail to email@example.com or are available in print (e.g. sales brochure).
1.3 These General Terms and Conditions also apply to subsequent transactions, even if no further reference is made to them when they are concluded. Explicit other agreements, which are made by Robin Data within the framework of an individual offer as the basis of the contract, take precedence over these general. Terms and conditions.
1.4 Robin Data is entitled to subsequently adapt and supplement the General Terms and Conditions of Business in in existing business relations, insofar as changes in legislation or jurisdiction require it or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment to the terms and conditions of business shall become effective if you do not object to the amendment within one month of notification of the amendment. If you object to the notification of change, Robin Data has an extraordinary right of termination with a notice period of one month.
2. Subject of the contract
2.1. The subject matter of the contract results from the General Terms and Conditions of Business, as well as from our most recent performance descriptions and regulations set out in price lists.
2.2 Deviating regulations, for example individual offers, must be in writing. These then contain a description of services and prices per service item.
2.3 If we are to assume a guarantee within the framework of a contract, this must be in writing and confirmed by us in writing in order to be effective.
2.4 General terms and conditions of the Customer, e.g. as an attachment to enquiries, orders, order confirmations etc., are only accepted by Robin Data if they have been explicitly confirmed by us in writing.
3. Services of Robin Data
3.1 Robin Data offers services in the areas of data protection and organisational and technological information and data security. In these areas, we provide software, consulting, auditing, training and agency services, as well as expert opinions and other services. Our services are divided into two service categories:
3.1.1 Services that are only available online on our servers as softwareas-a service ("SaaS Services"), such as our software for implementing data protection ("Robin Data Software") and our online forum for exchanging information on data protection and data security ("Robin Data Community").
3.1.2 Offer-based services ("Offer Services"), such as the appointment of a data protection officer, on-premise provision of the Robin Data Software, consulting and training services or Iindividually offered consulting services.
3.2 The use of our Robin Data Community and our Robin Data Lab (chat) is free of charge.
3.3 Robin Data intends to subcontract all or part of the Services to qualified subcontractors ("Partners" or Service Providers). Partners are used if a partner is better able to provide the requested service than we are (e.g. due to technical or industry-specific expertise or geographical proximity) or if we ourselves do not have the capacity to provide the service. We generally use service providers for the dependent processing of individual partial services or for the provision of technical services.
3.4 We have a network of qualified partners ("Partner Network") for the involvement of partners, who either perform individual partial services not to be performed personally by Robin Data or enter into the contractual relationship as new contractor in agreement with the customer. For quality assurance purposes, Robin Data conducts customer surveys on the services provided by the partners.
3.5 Robin Data does not provide legal advice as a matter of principle. However, clients may instruct Robin Data to have legal opinions prepared by a lawyer proposed by Robin Data and to pass on the results to the persons designated in the instruction. Robin Data does not act as a contractual partner of the legal opinion and does not provide any other services from the scope of application of the Legal Services Act.
3.6 Our services take into account the current state of the art and the currently applicable legal foundations. Relevant court rulings are taken into account to the extent that they can serve as a guideline for us to provide services until they are implemented in a relevant law, depending on their relevance, knowledge and the case at hand.
3.7 To ensure the quality of our partners' services, we conduct voluntary customer satisfaction surveys.
4. Requirements for the use of SaaS services
4.1 To order and use our SaaS services, customers must have a computer (e.g. desktop computer, laptop, notebook or tablet) with a sufficiently fast Internet connection (e.g. a DSL connection).
4.2 In principle, it is possible to use our SaaS services via smartphones. However, there are technical limitations in usability, as our services are not optimised for use with smartphones due to the complex but necessary data acquisition.
4.3 When using the Robin data software can the client depending on the booked package one on industry characteristics. and further attributes a data protection management system preconfigured in parts and on the basis of templates received or corresponding templates manually import. This preconfigured system is developed on the basis of defined 4.3 When using the Robin Data software, depending on the package booked, the customer can receive a data protection management system pre-configured in parts and based on templates, or import corresponding templates manually. This pre-configured system is generated to the best of our knowledge and belief on the basis of defined algorithms and the accuracy is continuously improved. Please note that legal advice or auditing is not part of our Robin Data Software. The customer has to check all templates provided by the Robin Data software himself or by a specialist, often adapting them in a few places (e.g. adding information about the organisation) and releasing them.
4.4 A review of the documents generated on the basis of these templates and Reports The documents and reports generated on the basis of these templates are not checked for completeness and correctness without an explicit order, which can be booked for a fee. Any resulting success, e.g. in terms of legal protection, is expressly not owed and cannot be guaranteed, as the customer is responsible for the documents generated in accordance with the data protection laws pursuant to Art. 4 para. 7 GDPR.
5. Conclusion of contract
5.1 Robin-Data provides the Robin Data software as a free version (Version "Free") available. The service content of this version results from the credit points shown in the registration processn. 5.1 Robin-Data provides the Robin Data Software as a free version (version "Free") to every interested customer. The service content of this version results from the credit points shown in the registration process. An extension to a paid version is possible at any time.
5.3 In the event of an offer being made, the offer made by Robin Data is merely an invitation to make an offer and does not constitute a legally binding offer. If the Customer confirms to us in writing on the basis of the present offer that he wishes to place an order at the offer conditions ("placing of order"), this shall constitute the Customer's offer. After receipt of the placing of the order by us, the contract between the Customer and Robin Data comes into effect as soon as Robin Data confirms the order to the Customer in writing under the agreed conditions ("Order Confirmation").
5.4 If no complete agreement has been reached on parts of the order, the Customer may demand that Robin Data commences with already negotiated parts of the services even before the order confirmation. In this case, Robin Data is entitled to the remuneration already negotiated at the time of the request for the services.
5.5 All offers from Robin Data are subject to a validity period of 30 calendar days. Expressly deviating provisions only apply if they are stated in the offer.
5.6 Performance dates and deadlines defined in contracts are only binding if Robin Data has confirmed them in writing.
6. Tasks and duties of the customer
6.1 In the case of SaaS services, the following tasks and obligations apply to the client:
6.1.1 If the Customer uses the SaaS services in order to hereby document the data protection and IT security management of its own customers, it is obliged, upon termination of the SaaS contract, to transmit to Robin Data non-personal contact data of the customers managed by it on the platform and further agrees that Robin Data will contact these customers once in order to directly submit an offer for further use of the platform by this customer.
6.2 In the case of quotation services, the following tasks and obligations apply to the customer:
6.2.1 The customer supports the project implementation by close cooperation and by timely provision of all documents and data stocks required for the implementation of the project.
6.2.2 The customer provides a qualified employee (e.g. project manager, data protection coordinator) to support the customer throughout the entire service period.
6.2.3 If employees or partners of Robin Data are required to perform services on site at the customer's premises, the customer shall provide them with appropriate working space and work equipment necessary for the performance of the order.
6.2.4 If the Customer does not perform its tasks and obligations, any delays are not culpably attributable to Robin Data and any additional costs are to be borne by the Customer.
6.2.5 The Customer warrants in the sense of the independent warranty promise that it will not infringe any rights of third parties (e.g. copyrights or trademark rights) when providing the material for the performance of services by Robin Data. Robin Data and its vicarious agents are to be indemnified from all claims of third parties which culpably arise due to the Customer's negligence.
6.3 The client undertakes to document any defects in our SaaS or quotation services as far as possible in a comprehensible manner, describing the errors, their effects or perceived defects, and to submit these records in writing to firstname.lastname@example.org.
7. Rights of use
7.1 For Robin Data Software, the right of use applies for as long as the agreement between Customer and Robin Data has existed. The right of use also expires after the agreement has expired.
7.2 The customer can benefit from the Robin Data Community, the Robin Data Lab and the free version of the Robin Data Software as long as he keeps his account there or until Robin Data discontinues this service.
7.3 For quotation services, Robin Data will provide the customer with all documents created within the scope of the service provision after completion. If Robin Data software is used for the documentation of data protection, the provision in Section 7.2 also applies.
7.4 The rights of use granted are subject to a suspensive effect until the complete payment of the agreed service remuneration between the customer and Robin Data has been effected.
7.5 Unless otherwise agreed in writing, Robin Data reserves the right to use results from our services or the services of our partners for internal purposes, research purposes, future customer projects or the further development of our services in anonymous form.
8. Remuneration, term and period of notice
8.1 All prices of Robin Data's services are generally net prices, plus applicable duties and taxes.
8.2 For SaaS services, payment is made via the currently selected payment method that is available when the contract is concluded. For offer services, payment is made on the basis of the invoice, which can also be processed via PayPal as factoring.
8.3 Some services are offered as subscriptions ("subscription model"), the duration of which is defined on the basis of monthly or annual periods and is invoiced over these periods. For services in the subscription model, the day of the order confirmation is the first day of the billing period. The next accounting period always begins on the same day of the following period (e.g. for monthly subscriptions: 04.01., 04.02, 04.03 etc.; for annual subscriptions: 05.03.2020, 05.03.2021 etc.), whereby for start dates on calendar days 29, 30 and 31 of a month, the next periods are scheduled for calendar day 28.
8.4 Payment for services in the subscription model is always due at the beginning of the first day of a period for that period. If orders in the subscription model are cancelled within a period, there is no pro-rata claim for reimbursement of the costs for the remaining duration of the period.
8.5 All other services are generally invoiced to the customer at the end of a month against proof of the services rendered by Robin Data (e.g. by service certificate or acceptance of work services by the customer). This also includes travel costs and expenses defined in the offer for the respective order. Deviating regulations must be defined in the order confirmation. The payment period here is usually 10 calendar days. The payment must be paid into the SEPA account of Robin Data specified by Robin Data within the deadline or settled directly via PayPal.
8.6 Contracts in the subscription model are usually automatically extended at the end of the contract by a further period as a new contract period as follows:
8.7 Contracts may be terminated in accordance with the terms of the contract and these General Terms and Conditions. The following periods of notice apply to contracts in the subscription model:
8.8 Free contracts for the use of Robin Data software can be terminated by Robin Data at the earliest 12 months after conclusion of the contract and thereafter at any time with a notice period of 1 month. Contracts that have been converted from a free to a paid version are no longer considered free contracts from the time of conversion.
8.9 The customer is in default of payment if payment is not received by us for accounting purposes within two weeks of receipt of the invoice. In the event of default of payment, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank.
8.10. Should the customer be in arrears with his payments, we reserve the right to charge reminder fees of 2.50 euros per reminder invoice issued. We are at liberty to transfer payment and reminder claims to a professional.
8.11. To assign payment service providers or collection agencies, including by factoring, or to commission them with the collection of outstanding payments in our name, on our behalf or in their name. The assertion of any further claims for damages shall remain unaffected. You shall have the opportunity to prove that we have incurred no or less damage.
8.12. The assertion of a right of retention is only available to the customer for such
8.13. Counterclaims which are due and based on the same legal relationship as its obligation. The offsetting of claims is limited to recognised, undisputed or legally established claims.
9.1 Robin Data provides the contractually agreed services with the greatest possible care. Should defects occur, the Customer must notify us immediately in accordance with the provisions of Section 6.3.
9.2 The templates and samples provided by Robin Data Software for your industry are based on templates tested by lawyers, our partners or other experts and are created by an intelligent algorithmic process in your mandate, after registration or based on functions to be started specifically. Robin Data does not guarantee their completeness, correctness or fit to the individual situation of the client.
9.3 Robin Data always carries out services in the area of data protection law inventory for the creation of the data protection management system with the greatest possible care and accuracy. However, it is possible that Robin Data may not have all relevant data and information at the time of the analysis in order to be able to comprehensively evaluate all implications. Robin Data does not guarantee the completeness of the analysis performed.
9.4 In the event of reported and proven defects, Robin Data will carry out a rectification of defects at its own discretion and within a reasonable time. We are entitled to at least two attempts. In case of a final failure of the removal of defects, the Customer may reduce the purchase price or withdraw from the contract.
10.1. Robin Data as well as our legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are affected, will liability also be accepted for gross or slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract.
10.2 The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
10.3 If the Customer or the third party breaches the obligations set out in Section 6, the Customer shall be liable to Robin Data for compensation of the resulting damage, including necessary legal costs. Any copyright infringements by the third party will be treated as if they had been committed by the Customer himself.
11.1 Customers are asked to act as a reference for Robin Data as part of quality assurance. If the customer allows Robin Data to act as a reference, we may use the company logo, company name, contact person and general description of the services provided as a reference on our websites and blogs, in brochures, in the sales process and in social media channels and all other channels controlled by Robin Data. We may also use the references in third party channels, such as press releases, trade fairs or print advertisements. The presentation of a testimonial (customer voice) and the publication of a detailed customer success story require a separate agreement and separate approval by the customer.
11.2 The above provision shall apply for up to 5 years after the end of the underlying order.
12. Final provisions and severability clause
12.1 The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany.
12.2 As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the UN-purchase right is considered as agreed.
12.3 The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.