PRIVACY AND TERMS OF USE
SaleSphere GmbH
Wahlerstrasse 2
D-40472 Dusseldorf
Germany
Phone: +49 (211) 78 17 80-0
E-mail: support@salesphere.com
Dagmar Schmälter
Wahlerstrasse 2
40472 Düsseldorf
Germany
Phone.: 492117817800
Email: datenschutz@mvise.de
(2) "SaleSphere App" refers to the App under Android and iOS which is connected to the SaleSphere Back End via login.
(3) "SaleSphere Back End" refers to the management of the customer-related product data (customer name).
(2) In order to be able to use the SaleSphere App for Android, iOS and Windows devices, you need a Google or Apple or Microsoft account provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, California 94043, USA, or by the Apple Inc., Cupertino, California, USA or by Microsoft Corporation, Redmond, USA. In this regard, the privacy policy of Google Inc. and Apple Inc. and Microsoft Corporation apply, available at: https://policies.google.com/privacy?hl=en&gl=de and https://www.apple.com/legal/privacy/en-ww/ and https://privacy.microsoft.com by means of these accounts you are able to obtain the App.
(3) In case you use the trial version of the SaleSphere App, the use of the SaleSphere App will be limited to the validity period of the trial version. Any data you uploaded to the SaleSphere App will be automatically deleted after the trial period has expired, unless you have purchased the permanent SaleSphere App.
(4) For the permanent retrieval of content from the SaleSphere App and the permanent storage of your data on the SaleSphere Back End, you need to purchase a license for the use of the SaleSphere App. If you download the SaleSphere App without having purchased a SaleSphere App license beforehand, you can only view selected contents. In case you are already a SaleSphere customer, you can log in with your user ID/password and use the SaleSphere App content after having entered your PIN.
(5) In case you purchase a subscription by means of the SaleSphere App (In App Purchase), Apple Inc. or Google Inc. will create a unique subscriber ID for you and SaleSphere. By means of this ID, Apple Inc. or Google Inc. will provide you with SaleSphere reports containing information about the subscription you have purchased and the country in which you reside. In case you cancel all your subscriptions at SaleSphere, Apple Inc. or Google will reset the subscriber ID after 180 days, unless you purchase the subscription again. Such information will be transmitted to SaleSphere, in order that SaleSphere has an overview of the status of your subscriptions. For this purpose, SaleSphere will process the data provided by Apple Inc. or Google Inc. The legal basis for this process is Art. 6 (1) (b) GDPR.
(a) Customer name (a unique name of the customer-specific SaleSphere Back End).
(b) Optional, insofar as you state such data in a voluntary manner, your customer data, i.e. name, first name, address, and phone number, if provided.
(c) E-mail address as user name.
(d) Password.
(e) Company name.
(f) Licenses needed.
(g) Before submitting the registration, you must have confirmed the terms of use and have given your consent to the receipt of a validation e-mail.
(h) To complete the registration, you will have to confirm the privacy policy and a validation e-mail and set a password.
(i) Insofar as you order the newsletter by giving your consent, you will have to confirm the declaration of consent and a validation e-mail (double opt-in).
(j) In a next step, a personal SaleSphere Back End will be created for the user, to which the user can upload his/her product data and invite new users.
(2) Data subjects:
(a) Potential buyers with an interest in our range of services;
(b) Our customers.
(3) Purpose:
(a) Establishment, execution or termination of a legal transaction or similar obligation with the data subject;
(b) Prevention of fake accounts;
(c) Ensuring appropriate security of the personal data and protection against access by unauthorized third parties.
(4) Recipients of the data or categories of recipients:
(a) Internal departments of SaleSphere and its employees;
(b) Cooperation and distribution partners;
(c) Technical services, to the extent necessary for the contractual relationship;
(d) Public authorities within the scope of overriding legal obligations.
(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of data processed during the registration process in order to fulfil a contract or to carry out pre-contractual measures, the data will be deleted as soon it is no longer required for the execution of the contract. Even after the conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
(6) Legal basis:
Insofar as the processing of your personal data is necessary for the processing of legal transactions or obligations similar to legal transactions, the legal basis for the processing of personal data upon registration is Art. 6 (1) (b) GDPR. Insofar as you have given your consent to the processing of his or her personal data, Art. 6 (1) (a) GDPR is the legal basis for the processing of personal data.
(a) Product data, product name, product description;
(b) Digital documents (e.g. product images, product descriptions, PDFs, videos, images, etc.);
(c) Our customers;
(d) Subscriber ID issued by Apple Inc. in case of in-app purchases and reports containing information about the subscription purchased by the customer and the country in which the customer resides.
(2) Data subjects:
(a) Our customers;
(b) Employees of our customers.
(3) Purpose:
(a) Storage in a database;
(b) Protection against access by third parties;
(c) Central upload of the customer's product data;
(d) Invitation of further users;
(e) Management of the customer's subscriptions purchased by means of an in-app purchase.
(4) Recipients of the data or categories of recipients:
(a) Internal departments of SaleSphere and its employees;
(b) Cooperation and distribution partners;
(c) Technical services, to the extent necessary for the contractual relationship;
(d) Public authorities within the scope of overriding legal obligations.
(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. With regard to the data stored in the SaleSphere Back End, this is the case as soon it is no longer required for the execution of the contract or for necessary measures prior to entering into a contract; Even after conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
You can delete the data you have uploaded in the Back End from the Back End at any time.
(6) Legal basis:
Art. 6 (1) (b) GDPR is the legal basis for the processing of personal data in the Back End. Insofar as you have given your consent to the processing of personal data, Art. 6 (1) (a) GDPR serves as the legal basis.
(1) Data or data categories:
(a) As set forth in section 4 (1) and section 5 (1);
(b) Host name of the accessing terminal (IP address);
(c) Date and time of the request;
(d) Transferred data volume, client type and version and the operating system used;
(e) First login;
(f) Last login;
(g) Data volume stored in the SaleSphere Back End;
(h) Number of users per user customer;
(i) Reporting of errors.
(2) Data subjects:
As set forth in section 4 (2) and section 5 (2).
(3) Purpose
(a) As set forth in section 4 (3) and section 5 (3);
(b) Synchronization of product data with the Back End.
(4) Recipients of the Data or Categories of Recipients
As set forth in section 4 (4) and section 5 (4).
(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of data stored in the SaleSphere App for the fulfilment of a contract or for the purpose of the performance of pre-contractual measures, the data will be deleted as soon it is no longer required for the execution of the contract. Even after the conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
(6) Legal basis:
In case you have given your consent to the processing of your personal data, Art. 6 (1) (a) GDPR serves as our legal basis. In other respects, Art. 6 (1) (f) GDPR is the legal basis for the processing. Our interest lies in the provision of a functional App and in protecting our users from unauthorized access by third parties. Insofar as the processing is necessary for the performance of a contract or of obligations similar to legal transactions, Art. 6 (1) (b) GDPR is the legal basis for the processing of personal data.
(1) You have the right to request information as to whether and which personal data we process with regard to your person.
(2) You have the right to request rectification and erasure of such data.
(3) You have the right to a restriction of the processing of your personal data.
(4) You also have the right to object to the processing of your personal data at any time for reasons arising from your particular situation. This does not apply if we are obliged or entitled by law to collect, process or use this data.
(5) Furthermore, as a matter of principle, you have the right to withdraw your prior consent to the collection, processing and use of your personal data at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal.
(6) Besides, you also have a right to data portability.
(7) To exercise your rights or to request information and/or explanations on your rights, please contact our Data Protection Officer by e-mail via [datenschutz@mvise.de] or by letter to SaleSphere GmbH, by adding "FAO the Data Protection Officer", Wahlerstrasse 2, D-40472 Dusseldorf.
(8) In addition, you have the right to lodge a complaint with a supervisory authority about the processing of your personal data by us.
(2) Represented by: The Managing Directors Dominic Multerer and Cedric Balzar
(3) Register entry: Local court of Dusseldorf, registration no. HRB 76714, registered office of the company: Düsseldorf
(4) VAT identification number: DE 282248341
(5) Contact:
(a) E-mail: support@salesphere.com
(b) Phone: +49 (211) 78 17 800
(c) Fax: +49 (211) 78 17 8078
SaleSphere digitizes existing processes and simplifies administrative processes, so that the employee can concentrate on the customer conversation. The simple operation provides quick access to relevant information. SaleSphere is the solution to increase the efficiency of the entire sales process. SaleSphere enables you to access up-to-date information and documents at all times - also offline - and to arrange customer appointments individually and multimedia-based. It is easy to integrate SaleSphere into your existing IT landscape. The SaleSphere App ("SaleSphere App") enables you to access SaleSphere via mobile devices, making it even easier to use SaleSphere and more often.
1.1.1 These SaleSphere Terms of Use ("Terms of Use"),
1.1.2 The SaleSphere data privacy statement ("Data Privacy Statement").
1.2 Please read the Terms of Use and the Data Privacy Statement (together referred to as "Agreement") carefully. The Agreement governs your use of the SaleSphere App and your access to SaleSphere via the SaleSphere App.
1.3 You must be registered to use SaleSphere.
3.2 SaleSphere - License Agreement. In case the Customer concludes a License Agreement with SaleSphere GmbH in order to lease a SaleSphere license against payment, the Customer can access the functions of SaleSphere available via the SaleSphere App by means of its SaleSphere App during the term of the License Agreement.
3.3 Subscriptions. Every Customer, who is using the free trial version, may conclude a subscription. Rates for subscriptions are as follows: Subscription (License): Single-User-License Minimum term: 12 months Price per year: 349,99 EUR 3.4 Terms. A subscription can be concluded via in-app purchase within the SaleSphere App under the conditions as follows: 3.4.1 Conclude a subscription. A subscription can be concluded by an in-app purchase. For this purpose, the "Purchase All Access for 12 Months" tile on the homescreen of the SaleSphere App needs to be activated. Afterwards, the customer using the free trial version, selects the duration of the subscription (12 months) and selects "continue". The Customer, using the free trial version, will explicitly be informed that he is obliged to pay the respective fees when concluding a subscription. 3.4.2 Terms of payment. The terms of payment are provided in the respective store (App store for iOS-devices and Play store for Android-devices) when concluding a subscription within the SaleSphere App. When concluding a subscription over the SaleSphere App, mainly the following terms of payment apply: The entire amount due is payable at the time of the conclusion of the contract; i.e. when a Customer concludes a twelve (12)-month-subscription the respective amount (EUR 349.99) will be debited. 3.4.3 Automatic renewal. Unless the subscription is terminated by the Customer, who concluded the subscription via in-app purchase, the latest 24 (twenty-four) hours before the termination of the original subscription, the subscription will automatically be renewed for the time period of the initial duration of the subscription. The full amount due will be invoiced within 24 (twenty-four) hours before termination of the initial duration. 3.4.4 Termination of the subscription. A Customer is entitled to terminate the subscription concluded via in-app purchase at any point with effect to the termination of the then current duration of the subscription by deactivating the automatic renewal in the settings of the App store/Play store. SaleSphere GmbH informs the Customer about the possibility to terminate/not renew the subscription the earliest three (3) months and the latest one (1) month before the expiry of the deadline to reject the automatic renewal via e-mail or the chat-function of the SaleSphere App. 3.4.5 Information. The Customer will be informed about these terms prior to concluding the subscription by using the "continue"-button. 3.4.6 App Store, Play Store. Complete and up-to-date information are available in the general terms of the respective store, which are available at the following links: App Store: https://www.apple.com/legal/internet-services/itunes/ Play Store (US): https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=US
4.2 Age restrictions. The Customer must be at least 18 years old.
4.3 Updates. From time to time it may be necessary to install updates for the SaleSphere App in order to continue to use, access, and download the functions of SaleSphere which are available via the SaleSphere App as intended via the SaleSphere App. The use of the SaleSphere App requires that the Customer agrees to receive the automatically requested updates.
4.4 Unauthorized Access. The Customer is obliged to keep its user data safe and to refrain from passing them on to third parties.
4.5 Access Restriction. SaleSphere GmbH can restrict the access to SaleSphere via the SaleSphere App, in case the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances to the network, software or stored data, Internet operability or data protection require such restriction.
4.6 Availability of SaleSphere. The availability of SaleSphere via the SaleSphere App can be interrupted, for example for maintenance, repairs, improvements or due to power failures or device failures. SaleSphere GmbH may discontinue some or all of its services at any time, including certain features and the support for certain devices and platforms. Events beyond SaleSphere GmbH's control may affect the SaleSphere App and SaleSphere, such as natural disasters and other events of force majeure.
5.2 SaleSphere. Provided that the Customer agrees to the terms of the Agreement and pays the agreed remuneration for the use of SaleSphere in accordance with the License Agreement concluded with SaleSphere GmbH, SaleSphere GmbH grants the Customer, by means of a license, a non-exclusive, non-transferable, and non-sublicensable right of use to access the software SaleSphere and the functions which are available via the SaleSphere App. SaleSphere GmbH grants the Customer the right of use during the term agreed upon with SaleSphere GmbH in the License Agreement, otherwise as long as SaleSphere GmbH and the corresponding holder of rights own the rights to provide the SaleSphere App. In addition SaleSphere GmbH grants the Customer the non-exclusive right to download copies of the corresponding contents to the Customer's devices, and to use and stream them, insofar as such use is in compliance with the restrictions defined in the Terms of Use. Any and all rights with regard to the SaleSphere App and SaleSphere and its contents, which are not expressly granted to the Customer in the Terms of Use, remain with SaleSphere GmbH and the licensors.
5.3 In-app purchases. A Customer, who is using the free trial version of the SaleSphere App, can conclude a subscription as stipulated in Section 3.3 by purchasing a license.
5.4 Right of withdrawal for in-app purchases. With every in-app purchase the Customer has a right for withdrawal as described in the following:
5.4.1 Right of withdrawal for in-app purchases (e.g. concluding a subscription). If a Customer wants to withdraw his in-app purchase he may do this within 14 days after receipt of the invoice without giving any reasons.
5.4.2 Withdrawal procedure. To withdraw his purchase a Customer has to inform SaleSphere GmbH about his decision. To ensure immediate processing of the withdrawal, SaleSphere GmbH suggests using the functions of the respective store - if possible - where the purchase took place (in detail compare: Apple Store https://www.apple.com/legal/internet-services/itunes/de/terms.html). Nevertheless, the Customer also has the right to inform SaleSphere GmbH about his decision to withdraw the purchase by using the standard withdrawal form or by giving an explicit statement, e.g. via e-mail to salesphere@mvise.de.
5.5 Withdrawal period. To ensure compliance with the withdrawal period the Customer has to send the withdrawal prior to expiration of the 14-day-time limit.
5.6 Consequences of withdrawal. SaleSphere GmbH will refund the payment made by the Customer to the Customer within 14 days of reception of the withdrawal. For this purpose, SaleSphere GmbH will use the same method of payment which the Customer used for his payment. In this context, SaleSphere GmbH will not charge any fees.
5.7 Exceptions to the right of revocation. A Customer loses the right to withdrawal the purchase of digital contents, if the delivery started with information of the loss of the right to withdrawal and the explicit approval of the customer.
5.8 Standard withdrawal form.
To: SaleSphere GmbH, Wahlerstrasse 2, 40472 Dusseldorf
Herewith, I withdraw the following contract: [order number and type of license]
purchased on [date]
Name of the Customer
Address of the Customer
e-mail address of the Customer (optional)
Date.
5.9 Infringement of License Terms and Conditions. In case the Customer violates these Terms of Use, its rights under this license terminate immediately. In addition, SaleSphere GmbH is entitled to terminate the Customer's access to the SaleSphere App in this case, without that the Customer would be entitled to a refund.
5.10 Sale, Distribution or Transfer to Third Parties. Without the consent of SaleSphere GmbH, the Customer may not sell, rent, lease, lease, redistribute, change, (publicly) transmit or make the SaleSphere App available in any other way. The Customer may not sublicense, transfer or assign the rights of use to third parties.
5.11 Safety Function. The Customer may neither by itself nor through third parties restrict, circumvent, deactivate or disable the security functions or encryptions protecting the SaleSphere App and SaleSphere.
5.12 Proprietary Notices. The Customer is not permitted to remove any proprietary or license notices in SaleSphere or in the SaleSphere App.
6.2 SaleSphere. This does not affect the remuneration for the use of SaleSphere. The remuneration for the use of SaleSphere is governed by the License Agreement concluded by and between the Customer and SaleSphere GmbH in connection with the Terms of Lease for Software by SaleSphere GmbH.
6.3 Trial Version. The use of the 30-day trial version of SaleSphere is free of charge during this period.
7.2 Limitation of Liability. SaleSphere GmbH shall only be liable to the Customer for any and all damages arising in connection with the use of the SaleSphere App - regardless of whether due to breach of contract or tort - in accordance with the following provisions:
7.2.1 In the event of intent or gross negligence, claims under the German Product Liability Act (Produkthaftungsgesetz), assumption of a guarantee as well as in case of damages resulting from injury to life, limb or health, SaleSphere GmbH shall be liable in accordance with the statutory provisions.
7.2.2 For damages caused by slight negligence, SaleSphere GmbH shall, subject to the limitations of the preceding paragraph, only be liable in case of a breach of an essential contractual obligation. In this case, the liability is limited to the typical foreseeable damage. An essential contractual obligation is an obligation which must be fulfilled in order to duly execute the contract and, accordingly, the contracting party may generally rely on the compliance with these obligations. SaleSphere GmbH's liability shall be excluded in all other cases of slight negligence.
7.3 Employees, Representatives, Vicarious Agents. In case SaleSphere GmbH's liability is excluded or limited, such limitation shall also apply to the personal liability of the employees, representatives, and vicarious agents of SaleSphere GmbH.
8.2 Data Privacy Statement. The collection, processing, and use of Customer data is based on SaleSphere GmbH's Data Privacy Statement.
9.2 The right to use SaleSphere ends automatically as soon as the term of the License Agreement concluded with SaleSphere GmbH ends or the Agreement on the use of the SaleSphere App is terminated by one of the contracting parties.
9.3 The termination of the SaleSphere App Agreement is permitted at the end of the contract term of the contract or of the trial period.
9.4 The right of termination without notice for cause remains unaffected.
9.5 Every notice of termination requires the written form.
10.2 Place of Venue. Exclusive place of venue for any and all disputes arising under or in connection with the Agreement with merchants, public legal entities or special funds under public law shall be Dusseldorf, Germany.
10.3 General Terms and Conditions of the Customer. SaleSphere GmbH does not acknowledge any deviating or amending Terms and Conditions of the Customer.
10.4 Out-of-court Dispute Settlement Before a Consumer Arbitration Board. SaleSphere GmbH is neither obliged nor willing to participate in any extrajudicial settlement before a consumer arbitration board.
10.5 Modifications of the Agreement. SaleSphere GmbH shall be entitled to amend the content of the Agreement with the Customer's consent, provided that the change is reasonable for the Customer, taking into account SaleSphere GmbH's interests. The consent is deemed to have been given if the Customer does not object to the change in writing within four weeks after receipt of the notification of change. SaleSphere GmbH undertakes to inform the Customer in the amendment notification of the consequences of a failure to object.
Version 30.07.2020
Privacy Notices for the Use of the SaleSphere App Provided by SaleSphere GmbH – for Android, iOS and Windows ("Data Privacy Statement")
The protection of your personal data is of utmost importance for SaleSphere GmbH, Wahlerstrasse 2, 40472 Dusseldorf, Germany ("SaleSphere"). For this reason, it goes without saying that we comply with the provisions of the General Data Protection Regulation of the European Union (“GDPR”) and the Federal Data Protection Act (Bundesdatenschutzgesetz - “BDSG”). It is important for us to inform you which personal data will be processed by the App and which configuration options you have in the course of the process. This Data Privacy Statement provides you with the answers to the most important questions.Section 1.1 Name and Address of the Controller
The controller within the meaning of the GDPR is:SaleSphere GmbH
Wahlerstrasse 2
D-40472 Dusseldorf
Germany
Phone: +49 (211) 78 17 80-0
E-mail: support@salesphere.com
Section 1.2 Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:Dagmar Schmälter
Wahlerstrasse 2
40472 Düsseldorf
Germany
Phone.: 492117817800
Email: datenschutz@mvise.de
Section 2 Definitions
(1) "SaleSphere Website" refers to the marketing website of SaleSphere at the Internet address www.salesphere.com.(2) "SaleSphere App" refers to the App under Android and iOS which is connected to the SaleSphere Back End via login.
(3) "SaleSphere Back End" refers to the management of the customer-related product data (customer name).
Section 3 Data Processing by SaleSphere
(1) By downloading, accessing or registering to the SaleSphere App ("SaleSphere App") or by using or downloading its contents, you give your consent to this Data Privacy Statement.(2) In order to be able to use the SaleSphere App for Android, iOS and Windows devices, you need a Google or Apple or Microsoft account provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, California 94043, USA, or by the Apple Inc., Cupertino, California, USA or by Microsoft Corporation, Redmond, USA. In this regard, the privacy policy of Google Inc. and Apple Inc. and Microsoft Corporation apply, available at: https://policies.google.com/privacy?hl=en&gl=de and https://www.apple.com/legal/privacy/en-ww/ and https://privacy.microsoft.com by means of these accounts you are able to obtain the App.
(3) In case you use the trial version of the SaleSphere App, the use of the SaleSphere App will be limited to the validity period of the trial version. Any data you uploaded to the SaleSphere App will be automatically deleted after the trial period has expired, unless you have purchased the permanent SaleSphere App.
(4) For the permanent retrieval of content from the SaleSphere App and the permanent storage of your data on the SaleSphere Back End, you need to purchase a license for the use of the SaleSphere App. If you download the SaleSphere App without having purchased a SaleSphere App license beforehand, you can only view selected contents. In case you are already a SaleSphere customer, you can log in with your user ID/password and use the SaleSphere App content after having entered your PIN.
(5) In case you purchase a subscription by means of the SaleSphere App (In App Purchase), Apple Inc. or Google Inc. will create a unique subscriber ID for you and SaleSphere. By means of this ID, Apple Inc. or Google Inc. will provide you with SaleSphere reports containing information about the subscription you have purchased and the country in which you reside. In case you cancel all your subscriptions at SaleSphere, Apple Inc. or Google will reset the subscriber ID after 180 days, unless you purchase the subscription again. Such information will be transmitted to SaleSphere, in order that SaleSphere has an overview of the status of your subscriptions. For this purpose, SaleSphere will process the data provided by Apple Inc. or Google Inc. The legal basis for this process is Art. 6 (1) (b) GDPR.
Section 4 Which Data is Collected During Registration and How is it Used?
(1) Data or data categories:(a) Customer name (a unique name of the customer-specific SaleSphere Back End).
(b) Optional, insofar as you state such data in a voluntary manner, your customer data, i.e. name, first name, address, and phone number, if provided.
(c) E-mail address as user name.
(d) Password.
(e) Company name.
(f) Licenses needed.
(g) Before submitting the registration, you must have confirmed the terms of use and have given your consent to the receipt of a validation e-mail.
(h) To complete the registration, you will have to confirm the privacy policy and a validation e-mail and set a password.
(i) Insofar as you order the newsletter by giving your consent, you will have to confirm the declaration of consent and a validation e-mail (double opt-in).
(j) In a next step, a personal SaleSphere Back End will be created for the user, to which the user can upload his/her product data and invite new users.
(2) Data subjects:
(a) Potential buyers with an interest in our range of services;
(b) Our customers.
(3) Purpose:
(a) Establishment, execution or termination of a legal transaction or similar obligation with the data subject;
(b) Prevention of fake accounts;
(c) Ensuring appropriate security of the personal data and protection against access by unauthorized third parties.
(4) Recipients of the data or categories of recipients:
(a) Internal departments of SaleSphere and its employees;
(b) Cooperation and distribution partners;
(c) Technical services, to the extent necessary for the contractual relationship;
(d) Public authorities within the scope of overriding legal obligations.
(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of data processed during the registration process in order to fulfil a contract or to carry out pre-contractual measures, the data will be deleted as soon it is no longer required for the execution of the contract. Even after the conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
(6) Legal basis:
Insofar as the processing of your personal data is necessary for the processing of legal transactions or obligations similar to legal transactions, the legal basis for the processing of personal data upon registration is Art. 6 (1) (b) GDPR. Insofar as you have given your consent to the processing of his or her personal data, Art. 6 (1) (a) GDPR is the legal basis for the processing of personal data.
Section 5 Which Data is Collected in the SaleSphere Back End and How is it Used?
(1) Data or data categories:(a) Product data, product name, product description;
(b) Digital documents (e.g. product images, product descriptions, PDFs, videos, images, etc.);
(c) Our customers;
(d) Subscriber ID issued by Apple Inc. in case of in-app purchases and reports containing information about the subscription purchased by the customer and the country in which the customer resides.
(2) Data subjects:
(a) Our customers;
(b) Employees of our customers.
(3) Purpose:
(a) Storage in a database;
(b) Protection against access by third parties;
(c) Central upload of the customer's product data;
(d) Invitation of further users;
(e) Management of the customer's subscriptions purchased by means of an in-app purchase.
(4) Recipients of the data or categories of recipients:
(a) Internal departments of SaleSphere and its employees;
(b) Cooperation and distribution partners;
(c) Technical services, to the extent necessary for the contractual relationship;
(d) Public authorities within the scope of overriding legal obligations.
(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. With regard to the data stored in the SaleSphere Back End, this is the case as soon it is no longer required for the execution of the contract or for necessary measures prior to entering into a contract; Even after conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
You can delete the data you have uploaded in the Back End from the Back End at any time.
(6) Legal basis:
Art. 6 (1) (b) GDPR is the legal basis for the processing of personal data in the Back End. Insofar as you have given your consent to the processing of personal data, Art. 6 (1) (a) GDPR serves as the legal basis.
Section 6 Which Data is Collected in the SaleSphere App and How is it Used?
After having logged in with the registration data on a client (Android or iOS) of the SaleSphere App, the customer can synchronize the product data with the Back End. Thus, the customer has access to the current information stored in the Back End. The complete content can also be downloaded to the client and must then be updated manually or automatically, if required. An update without an Internet connection is impossible. A separate device ID is generated for each of your devices. This may change in case of a reinstallation of the concerned device.(1) Data or data categories:
(a) As set forth in section 4 (1) and section 5 (1);
(b) Host name of the accessing terminal (IP address);
(c) Date and time of the request;
(d) Transferred data volume, client type and version and the operating system used;
(e) First login;
(f) Last login;
(g) Data volume stored in the SaleSphere Back End;
(h) Number of users per user customer;
(i) Reporting of errors.
(2) Data subjects:
As set forth in section 4 (2) and section 5 (2).
(3) Purpose
(a) As set forth in section 4 (3) and section 5 (3);
(b) Synchronization of product data with the Back End.
(4) Recipients of the Data or Categories of Recipients
As set forth in section 4 (4) and section 5 (4).
(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of data stored in the SaleSphere App for the fulfilment of a contract or for the purpose of the performance of pre-contractual measures, the data will be deleted as soon it is no longer required for the execution of the contract. Even after the conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
(6) Legal basis:
In case you have given your consent to the processing of your personal data, Art. 6 (1) (a) GDPR serves as our legal basis. In other respects, Art. 6 (1) (f) GDPR is the legal basis for the processing. Our interest lies in the provision of a functional App and in protecting our users from unauthorized access by third parties. Insofar as the processing is necessary for the performance of a contract or of obligations similar to legal transactions, Art. 6 (1) (b) GDPR is the legal basis for the processing of personal data.
Section 7 Information on the Use of Google Firebase
We use Google Firebase, an analysis service of Google Inc. (Google). It is a real-time database by means of which we can embed real-time information into our own website and evaluate user data. The data will be transmitted to Google in an anonymous manner. We use the Google Firebase to evaluate user behaviour and, in a next step, to increase the user-friendliness and the efficiency of our app. Google Firebase is used only with your prior consent. If you do not give your prior consent to the use of Google Firebase, none of your personal data will be processed for analytical purposes and no data will be transmitted to Google. After we have obtained your consent, the legal basis for the use of Google Firebase is Art. 6 (1) (a) GDPR. You may withdraw your prior consent to the processing of your personal data by Google Firebase at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal. For more information about how Google Firebase processes your personal information, please visit: https://firebase.google.com/support/privacy/.Section 8 Data Transmission Only Within the EU
Your data is only processed within the European Union. At present, a transmission of your personal data to third countries is neither carried out nor planned.Section 9 Transmission of Your Data to Third Parties
In certain cases, e. g. in case of a corresponding court order, we are legally obliged to transmit data to a requesting governmental authority or a third party. Beyond that, we do not transfer any data to third parties unless you have given your express consent.Section 10 Your Rights
If your personal data are processed, you are a data subject within the meaning of the GDPR. You, as the data subject, have the following rights against us as the controller:(1) You have the right to request information as to whether and which personal data we process with regard to your person.
(2) You have the right to request rectification and erasure of such data.
(3) You have the right to a restriction of the processing of your personal data.
(4) You also have the right to object to the processing of your personal data at any time for reasons arising from your particular situation. This does not apply if we are obliged or entitled by law to collect, process or use this data.
(5) Furthermore, as a matter of principle, you have the right to withdraw your prior consent to the collection, processing and use of your personal data at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal.
(6) Besides, you also have a right to data portability.
(7) To exercise your rights or to request information and/or explanations on your rights, please contact our Data Protection Officer by e-mail via [datenschutz@mvise.de] or by letter to SaleSphere GmbH, by adding "FAO the Data Protection Officer", Wahlerstrasse 2, D-40472 Dusseldorf.
(8) In addition, you have the right to lodge a complaint with a supervisory authority about the processing of your personal data by us.
Section 11 Data Security
We use technical and organizational security measures to protect your personal data held by us against any and all accidental or intentional manipulation, loss, destruction or against access by unauthorized persons. Our security measures are continuously improved in line with technological developments.Section 12 Amendment of the Privacy Policy
We may change this Privacy Policy at any time by publishing the amended terms and conditions. We will notify you in due time in case of significant changes, e.g. within the scope of software updates.Section 13 About us / Contact Details
(1) Controller: SaleSphere GmbH, Wahlerstrasse 2, D-40472 Dusseldorf(2) Represented by: The Managing Directors Dominic Multerer and Cedric Balzar
(3) Register entry: Local court of Dusseldorf, registration no. HRB 76714, registered office of the company: Düsseldorf
(4) VAT identification number: DE 282248341
(5) Contact:
(a) E-mail: support@salesphere.com
(b) Phone: +49 (211) 78 17 800
(c) Fax: +49 (211) 78 17 8078
Terms of Use for SaleSphere
We are pleased that you are using SaleSphere ("SaleSphere").SaleSphere digitizes existing processes and simplifies administrative processes, so that the employee can concentrate on the customer conversation. The simple operation provides quick access to relevant information. SaleSphere is the solution to increase the efficiency of the entire sales process. SaleSphere enables you to access up-to-date information and documents at all times - also offline - and to arrange customer appointments individually and multimedia-based. It is easy to integrate SaleSphere into your existing IT landscape. The SaleSphere App ("SaleSphere App") enables you to access SaleSphere via mobile devices, making it even easier to use SaleSphere and more often.
1. Consent to our Terms of Use, Registration
1.1 By accessing SaleSphere as a Customer ("Customer") via the SaleSphere App or by using, downloading or registering for the SaleSphere App, you agree to the following:1.1.1 These SaleSphere Terms of Use ("Terms of Use"),
1.1.2 The SaleSphere data privacy statement ("Data Privacy Statement").
1.2 Please read the Terms of Use and the Data Privacy Statement (together referred to as "Agreement") carefully. The Agreement governs your use of the SaleSphere App and your access to SaleSphere via the SaleSphere App.
1.3 You must be registered to use SaleSphere.
2. Scope of Application of the Agreement
These Terms of Use apply to the use of the SaleSphere App, by means of which the Customer can also use functions of SaleSphere via mobile devices, irrespective of whether the Customer uses the "SaleSphere - Trial Version" or "SaleSphere" by SaleSphere GmbH.3. Trial Version, SaleSphere, Subscription
3.1 Trial Version by SaleSphere. A free trial version for SaleSphere gives the Customer free access to the contents of SaleSphere for a trial period of thirty (30) days. By means of the SaleSphere App, the Customer can use selected functions of the SaleSphere trial version via a mobile device. At the end of the trial phase, the Customer's access to SaleSphere via the SaleSphere App ends. In case the Customer leases a license (License Agreement) for SaleSphere against payment during or after the trial phase, the use of the SaleSphere App is governed by the provisions of these Terms of Use concerning SaleSphere. Customers, as users of the free trial version, can make in-app purchases, as far as this is offered by SaleSphere GmbH. In-app purchases are additional contents or subscriptions, which a Customer may purchase within the SaleSphere App on its iOS-device, Android-device and/or computer.3.2 SaleSphere - License Agreement. In case the Customer concludes a License Agreement with SaleSphere GmbH in order to lease a SaleSphere license against payment, the Customer can access the functions of SaleSphere available via the SaleSphere App by means of its SaleSphere App during the term of the License Agreement.
3.3 Subscriptions. Every Customer, who is using the free trial version, may conclude a subscription. Rates for subscriptions are as follows: Subscription (License): Single-User-License Minimum term: 12 months Price per year: 349,99 EUR 3.4 Terms. A subscription can be concluded via in-app purchase within the SaleSphere App under the conditions as follows: 3.4.1 Conclude a subscription. A subscription can be concluded by an in-app purchase. For this purpose, the "Purchase All Access for 12 Months" tile on the homescreen of the SaleSphere App needs to be activated. Afterwards, the customer using the free trial version, selects the duration of the subscription (12 months) and selects "continue". The Customer, using the free trial version, will explicitly be informed that he is obliged to pay the respective fees when concluding a subscription. 3.4.2 Terms of payment. The terms of payment are provided in the respective store (App store for iOS-devices and Play store for Android-devices) when concluding a subscription within the SaleSphere App. When concluding a subscription over the SaleSphere App, mainly the following terms of payment apply: The entire amount due is payable at the time of the conclusion of the contract; i.e. when a Customer concludes a twelve (12)-month-subscription the respective amount (EUR 349.99) will be debited. 3.4.3 Automatic renewal. Unless the subscription is terminated by the Customer, who concluded the subscription via in-app purchase, the latest 24 (twenty-four) hours before the termination of the original subscription, the subscription will automatically be renewed for the time period of the initial duration of the subscription. The full amount due will be invoiced within 24 (twenty-four) hours before termination of the initial duration. 3.4.4 Termination of the subscription. A Customer is entitled to terminate the subscription concluded via in-app purchase at any point with effect to the termination of the then current duration of the subscription by deactivating the automatic renewal in the settings of the App store/Play store. SaleSphere GmbH informs the Customer about the possibility to terminate/not renew the subscription the earliest three (3) months and the latest one (1) month before the expiry of the deadline to reject the automatic renewal via e-mail or the chat-function of the SaleSphere App. 3.4.5 Information. The Customer will be informed about these terms prior to concluding the subscription by using the "continue"-button. 3.4.6 App Store, Play Store. Complete and up-to-date information are available in the general terms of the respective store, which are available at the following links: App Store: https://www.apple.com/legal/internet-services/itunes/ Play Store (US): https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=US
4. Use of SaleSphere by the Customer
4.1 Conditions of Use. In order to use the SaleSphere App, the Customer needs a device which meets the current system and compatibility requirements for the SaleSphere App, a functioning Internet access, and compatible software. These requirements can influence the possibility to use the SaleSphere App and the functionality of SaleSphere available via the SaleSphere App. The Customer is responsible for its compliance with the system requirements. In order to be able to use the available functions of SaleSphere via the SaleSphere App, the Customer must have registered with SaleSphere GmbH for SaleSphere: Only Customers who have concluded an effective and active License Agreement with SaleSphere GmbH under the Terms of Lease for Software of SaleSphere GmbH concerning the access to and use of SaleSphere are entitled to use SaleSphere, or Customers who are allowed to use a trial version of SaleSphere for a limited period of thirty (30) days.4.2 Age restrictions. The Customer must be at least 18 years old.
4.3 Updates. From time to time it may be necessary to install updates for the SaleSphere App in order to continue to use, access, and download the functions of SaleSphere which are available via the SaleSphere App as intended via the SaleSphere App. The use of the SaleSphere App requires that the Customer agrees to receive the automatically requested updates.
4.4 Unauthorized Access. The Customer is obliged to keep its user data safe and to refrain from passing them on to third parties.
4.5 Access Restriction. SaleSphere GmbH can restrict the access to SaleSphere via the SaleSphere App, in case the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances to the network, software or stored data, Internet operability or data protection require such restriction.
4.6 Availability of SaleSphere. The availability of SaleSphere via the SaleSphere App can be interrupted, for example for maintenance, repairs, improvements or due to power failures or device failures. SaleSphere GmbH may discontinue some or all of its services at any time, including certain features and the support for certain devices and platforms. Events beyond SaleSphere GmbH's control may affect the SaleSphere App and SaleSphere, such as natural disasters and other events of force majeure.
5. License
5.1 SaleSphere Trial Version. Provided that the Customer agrees to the terms of the Agreement, SaleSphere GmbH grants the Customer, by means of a license, a non-exclusive, non-transferable, and non-sublicensable right of use to access, by means of the SaleSphere App, the functions of SaleSphere which are available via the SaleSphere App for a period of thirty (30) days. SaleSphere GmbH grants the Customer a license to the SaleSphere App for an access to the SaleSphere trial version only once.5.2 SaleSphere. Provided that the Customer agrees to the terms of the Agreement and pays the agreed remuneration for the use of SaleSphere in accordance with the License Agreement concluded with SaleSphere GmbH, SaleSphere GmbH grants the Customer, by means of a license, a non-exclusive, non-transferable, and non-sublicensable right of use to access the software SaleSphere and the functions which are available via the SaleSphere App. SaleSphere GmbH grants the Customer the right of use during the term agreed upon with SaleSphere GmbH in the License Agreement, otherwise as long as SaleSphere GmbH and the corresponding holder of rights own the rights to provide the SaleSphere App. In addition SaleSphere GmbH grants the Customer the non-exclusive right to download copies of the corresponding contents to the Customer's devices, and to use and stream them, insofar as such use is in compliance with the restrictions defined in the Terms of Use. Any and all rights with regard to the SaleSphere App and SaleSphere and its contents, which are not expressly granted to the Customer in the Terms of Use, remain with SaleSphere GmbH and the licensors.
5.3 In-app purchases. A Customer, who is using the free trial version of the SaleSphere App, can conclude a subscription as stipulated in Section 3.3 by purchasing a license.
5.4 Right of withdrawal for in-app purchases. With every in-app purchase the Customer has a right for withdrawal as described in the following:
5.4.1 Right of withdrawal for in-app purchases (e.g. concluding a subscription). If a Customer wants to withdraw his in-app purchase he may do this within 14 days after receipt of the invoice without giving any reasons.
5.4.2 Withdrawal procedure. To withdraw his purchase a Customer has to inform SaleSphere GmbH about his decision. To ensure immediate processing of the withdrawal, SaleSphere GmbH suggests using the functions of the respective store - if possible - where the purchase took place (in detail compare: Apple Store https://www.apple.com/legal/internet-services/itunes/de/terms.html). Nevertheless, the Customer also has the right to inform SaleSphere GmbH about his decision to withdraw the purchase by using the standard withdrawal form or by giving an explicit statement, e.g. via e-mail to salesphere@mvise.de.
5.5 Withdrawal period. To ensure compliance with the withdrawal period the Customer has to send the withdrawal prior to expiration of the 14-day-time limit.
5.6 Consequences of withdrawal. SaleSphere GmbH will refund the payment made by the Customer to the Customer within 14 days of reception of the withdrawal. For this purpose, SaleSphere GmbH will use the same method of payment which the Customer used for his payment. In this context, SaleSphere GmbH will not charge any fees.
5.7 Exceptions to the right of revocation. A Customer loses the right to withdrawal the purchase of digital contents, if the delivery started with information of the loss of the right to withdrawal and the explicit approval of the customer.
5.8 Standard withdrawal form.
To: SaleSphere GmbH, Wahlerstrasse 2, 40472 Dusseldorf
Herewith, I withdraw the following contract: [order number and type of license]
purchased on [date]
Name of the Customer
Address of the Customer
e-mail address of the Customer (optional)
Date.
5.9 Infringement of License Terms and Conditions. In case the Customer violates these Terms of Use, its rights under this license terminate immediately. In addition, SaleSphere GmbH is entitled to terminate the Customer's access to the SaleSphere App in this case, without that the Customer would be entitled to a refund.
5.10 Sale, Distribution or Transfer to Third Parties. Without the consent of SaleSphere GmbH, the Customer may not sell, rent, lease, lease, redistribute, change, (publicly) transmit or make the SaleSphere App available in any other way. The Customer may not sublicense, transfer or assign the rights of use to third parties.
5.11 Safety Function. The Customer may neither by itself nor through third parties restrict, circumvent, deactivate or disable the security functions or encryptions protecting the SaleSphere App and SaleSphere.
5.12 Proprietary Notices. The Customer is not permitted to remove any proprietary or license notices in SaleSphere or in the SaleSphere App.
6. Remuneration
6.1 SaleSphere App is Free of Charge. The use of the SaleSphere App is free of charge to the Customer.6.2 SaleSphere. This does not affect the remuneration for the use of SaleSphere. The remuneration for the use of SaleSphere is governed by the License Agreement concluded by and between the Customer and SaleSphere GmbH in connection with the Terms of Lease for Software by SaleSphere GmbH.
6.3 Trial Version. The use of the 30-day trial version of SaleSphere is free of charge during this period.
7. Performance Disruptions, Liability
7.1 Failure. The liability for any downtime of the SaleSphere App is excluded if the downtime is only negligible in relation to the total performance.7.2 Limitation of Liability. SaleSphere GmbH shall only be liable to the Customer for any and all damages arising in connection with the use of the SaleSphere App - regardless of whether due to breach of contract or tort - in accordance with the following provisions:
7.2.1 In the event of intent or gross negligence, claims under the German Product Liability Act (Produkthaftungsgesetz), assumption of a guarantee as well as in case of damages resulting from injury to life, limb or health, SaleSphere GmbH shall be liable in accordance with the statutory provisions.
7.2.2 For damages caused by slight negligence, SaleSphere GmbH shall, subject to the limitations of the preceding paragraph, only be liable in case of a breach of an essential contractual obligation. In this case, the liability is limited to the typical foreseeable damage. An essential contractual obligation is an obligation which must be fulfilled in order to duly execute the contract and, accordingly, the contracting party may generally rely on the compliance with these obligations. SaleSphere GmbH's liability shall be excluded in all other cases of slight negligence.
7.3 Employees, Representatives, Vicarious Agents. In case SaleSphere GmbH's liability is excluded or limited, such limitation shall also apply to the personal liability of the employees, representatives, and vicarious agents of SaleSphere GmbH.
8. Data Security
8.1 Collection, Processing, Use. SaleSphere GmbH collects, processes, and uses the personal data provided by the Customer, as well as data on the type and frequency of its use of the services provided by SaleSphere GmbH, and, insofar as this is necessary for the execution and processing of the Agreement, in particular for the performance of Customer services and for the purposes of order data processing, SaleSphere GmbH transmits it to companies commissioned by SaleSphere GmbH for such purpose.8.2 Data Privacy Statement. The collection, processing, and use of Customer data is based on SaleSphere GmbH's Data Privacy Statement.
9. Term; Notice of Termination
9.1 In case of a use of a trial version, the right to use the SaleSphere App ends automatically after thirty (30) days. In case the Customer acquires a SaleSphere license against payment after the expiration of the trial version of SaleSphere, the Customer's trial version of SaleSphere will be converted into a SaleSphere license against payment on the basis of the License Agreement concluded with SaleSphere GmbH, so that the right to use is determined by the duration set forth in the License Agreement concluded with SaleSphere GmbH.9.2 The right to use SaleSphere ends automatically as soon as the term of the License Agreement concluded with SaleSphere GmbH ends or the Agreement on the use of the SaleSphere App is terminated by one of the contracting parties.
9.3 The termination of the SaleSphere App Agreement is permitted at the end of the contract term of the contract or of the trial period.
9.4 The right of termination without notice for cause remains unaffected.
9.5 Every notice of termination requires the written form.
10. Final Provisions
10.1 Governing Law. This Agreement is subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.10.2 Place of Venue. Exclusive place of venue for any and all disputes arising under or in connection with the Agreement with merchants, public legal entities or special funds under public law shall be Dusseldorf, Germany.
10.3 General Terms and Conditions of the Customer. SaleSphere GmbH does not acknowledge any deviating or amending Terms and Conditions of the Customer.
10.4 Out-of-court Dispute Settlement Before a Consumer Arbitration Board. SaleSphere GmbH is neither obliged nor willing to participate in any extrajudicial settlement before a consumer arbitration board.
10.5 Modifications of the Agreement. SaleSphere GmbH shall be entitled to amend the content of the Agreement with the Customer's consent, provided that the change is reasonable for the Customer, taking into account SaleSphere GmbH's interests. The consent is deemed to have been given if the Customer does not object to the change in writing within four weeks after receipt of the notification of change. SaleSphere GmbH undertakes to inform the Customer in the amendment notification of the consequences of a failure to object.
Version 30.07.2020
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