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Carl Zeiss AG // ZEISS Group
Terms of use for the "Brand Portal" platform from ZEISS
Adaptation of the privacy notices according to GDPR Data Protection
The Carl Zeiss (“CZ”) web site "Brand Portal" provides branding and design related information, guidelines and ready-to-use materials in one place that can be accessed at any time. Its content helps ZEISS employees as well as external target groups to ensure a consistent ZEISS brand experience worldwide for our customers. It offers a web-based exchange platform for campaign elements and advertising material in particular high resolution print data, photos and videos (such materials are referred to in their entirety or in part, as applicable, as “Content”). The Content can then be used for the implementation of national marketing campaigns for local target markets.
1. User
(1) CZ provides access to Brand Portal exclusively to employees of Carl Zeiss AG, and its associated companies within the meaning of Sections 15 of the Aktiengesetz (German Stock Corporation Act) and employees of these companies, and its contractual vendors and partners - and their employees - ("Users" or singularly “User”) free of charge for the purpose described above. The User acknowledges that he or she has received a user name and associated password from CZ prior to using Brand Portal for the first time.
2. Conditions of use
(1) CZ grants the User a non-exclusive, non-transferable, and non-sublicensable right, revocable at any time, to use the Content free of charge.
(2) Users are authorized to download Content only for the purposes described above and only under the conditions described below. Users acknowledge to read and accept additional license conditions which may be specified for certain Content on the Brand Portal before downloading and using such Content. Users are not authorized to use the Brand Portal or Content in any other way, to intervene in the program or to access the Brand Portal in any manner other than via the log-in provided by inputting their user name and the associated password.
(3) Users will protect the Brand Portal and Content from unauthorized access by third parties. In particular, Users will keep their assigned user name and the associated password as strictly confidential and may not provide third parties access to the same. The User is responsible for all files accessed and used through their user name.
(4) Users must ensure that they have an uninterrupted, sufficient internet connection. Otherwise, any incomplete Content or Content issued after an interruption, abort, re-start or other disruption to the internet connection or the program is invalid and must always be deleted and re-downloaded in its entirety and without interruption.
(5) Users are authorized to publically use the Content, provided the applicable copyright is included in all copies and further that Content is authorized for use by Users’ local regulatory/quality affairs protocols.
(6). Where applicable, the User must ensure that prior to its use in the local market, the Content is approved by the local regulatory/quality affairs department to ensure compliance with relevant regulations in the target market. Corporate Brand and Communications (CBC) of the responsible CZ business unit is not responsible for assuring local regulatory compliance.
(7) The User will automatically receive updates on a regular basis regarding new content. These updates will be sent to the e-mail address provided by the User during the registration to the ZEISS Brand Portal. The User can deregister from the ZEISS Brand Portal Updates at any time.
3. Limitation of Liability
(1) CZ does not take over any liability for the suitability for a specific purpose, the completeness and usability of the Brand Portal, the Content and the data provided.
(2) CZ bears unrestricted liability in cases of culpable injury to life, limb or health, in the event of claims founded in product liability law, and in cases of any other willful or grossly negligent breach of duty. CZ is liable for petty or normal negligence and any property damage or pecuniary losses only in the event of a breach of material contractual duties, fulfillment of which the User particularly relies, limited, however, to damage foreseeable on entry into the contract and typical of contracts. Any further liability in the event of a claim for damages is excluded, irrespective of the legal nature of the claim being pursued.
(3) The above limitations of liability also apply in their cause and amount in favor of the legal representatives, employees, and other vicarious agents or suppliers of CZ.
4. Copyrights
(1) The Brand Portal and the Content, including all data and images, are protected by copyright. CZ reserves all copyrights and other rights to the Content.
(2) Duplication or other use of the Brand Portal and the Content other than as expressly provided in these terms and conditions is strictly prohibited by law and will result in serious consequences under the Civil and Penal Codes, as well as local law. CZ will pursue violations to the fullest extent of the law.
5. Data protection
By using the Brand Portal, the User agrees to the content and storage of his personal information as follows:
(1) During the registration and each access to the Brand Portal the log-in information of the user (salutation, first name, Name, e-mail address, function, company, country) for security reasons. This information is retained for security purposes and for internal system-related and static purposes, and to ensure legitimate access to the Brand Portal. In addition, the IP addresses of the computers that use the Brand Portal are registered. Further personal data will only be recorded if the user voluntarily provides this data, for example for a survey or during registration.
(2) If the User has provided CZ with personal data, i.e. login information such as name and email address, CZ will use this data only to respond to User’s enquiries, to process contracts concluded with User, for technical administration and for User support, including reference to CZ products.
(3) User’s login information will only be passed on to third parties or otherwise transferred if this is required to process the contract or for User support, if this is required for invoicing or if User has previously approved such use. CZ’s associated companies (within the meaning of Section 15 of the AktG) are not regarded as third parties. User may revoke any permission granted regarding personal information by written notice with future effect at any time.
(4) The stored User login information will be deleted if User revokes permission for saving data, if: (a) the data is no longer needed to fulfill the purpose associated with the saving of the data, or (b) if saving this data is not permitted for other legal reasons. If CZ’s interests that are worth being protected contradict this deletion, the data will not be deleted by CZ. User will be provided with a full listing of the personal data stored upon written request. Further data protection information for information or contradiction: www.zeiss.com/data-protection
6. Applicable law/severability clause
(1) The laws of the Federal Republic of Germany apply to this legal relationship, excluding the general rules of international private law.
(2) The location for any judicial or dispute resolution action (“venue”) shall be in the city of Jena, Federal Republic of Germany.
(3) If any provision or provisions of these terms and conditions or their application becomes illegal, unenforceable, or void, such provision(s) will be changed and interpreted so as to best accomplish the objectives of that provision to the extent allowed by law, and the remaining provisions of this agreement will continue in full force and effect.
Oberkochen, May 26th 2023