represented by its Managing Directors Simon Gantner und Silvan Flury,
hereinafter referred to as „Industrialboard“
Industrialboard with its portal www.industrialboard.com is the online marketplace for industrial goods.
This text is a translation from the German language, only. In case of doubt, the German version applies. The contractual language is German.
II. Collection and use of data without registration
You may visit IndustrialBoard without telling us any personal information. If you access our website, communications related information (e.g. internet protocol address) or usage related information (e.g. content viewed) is automatically generated using technical means to enable you to view the relevant content. This data is only stored and used by us in such a way as not to identify a specific person (e.g. IP address stored in anonymous form). We use this data to generate technical or static information for resolving defects, for improving the website or for research and analysis purposes.
III. Consent for the use of personal data when using IndustrialBoard
We use your data to provide and improve our services, and to communicate with you.
We require certain information in order to provide you with the services we offer:
When you register with us, we collect Core Data (first name and surname, company name, addresses (billing- and delivery address) and your email address). We do not track or save your password. If you intend to sell products through Industrialboard, we also collect your seller type (private or professional), your terms and conditions and imprint. We do not ask you or collect your bank account details and other payment information.
In case of orders and sales, we forward your adresses to the buyer respective the seller, so that these parties can process the shipment and payment of the ordered products.
We also collect the relevant product data (price, quantity, product name, condition, descirption, type number, etc.).
Furthermore, registered members are free to supply additional optional information (e.g. shop description, logo, settings for notifications, etc.) Please note that the additional information which you provide in your profile under “My Profile” is also visible for other members and visitors to the site. You may update or remove your optional information at any time. All information which you provide in order to promote your goods or services is, of course, visible to other members and visitors to the site. Internal data, e.g. internal storage location or an internal article number, is not visible to external users.
Please note: If you are part of a company’s account, all other members of this account have access to the above-mentioned optional information as well as addresses, notification settings, sales and product data.
We use your personal data (core data, usage and transaction data, optional information), collected in connection with Industrialboard, in order to provide for you and other members a comprehensive marketplace. The specific ways in which we use your personal information include:
• to find out who you and other members are,
• to provide and personalise the services you wish to use, e.g. so that you can conclude sales agreements via IndustrialBoard, to calculate and collect fees and to reply to your enquiries or to inform you about particular events,
• to give you an overview of your profile and your activities within our platform” (e.g. messages, purchases, sales, price negotiations etc.),
• to enable you to communicate with other members (e.g. through messages and requests)
• to enable other members to find out more about you, your company and your products
• to combat and prevent illegal or improper activities.
• we only use your email address for the purposes specified by you (e.g. membership related notifications, notifications of purchases and sales, new messages, etc.). You can view and change your settings related to notifications within the “My Profile” section.
We do not disclose your personal information to third parties unless you have given your prior consent or unless such disclosure is allowed under law. We disclose personal information to other members of Industrialboard, for example the other party to a purchase (in this case contact information, postal address, shipping wishes). Such information related to other members may only be used for the required communication in relation to Industrialboard (e.g. to make a purchase or send a complaint). In particular, you may not use other members’ information for advertising purposes unless the member in question has expressly agreed to this. Members are also obligated to observe all statutory data protection requirements. If a member makes his or her personal information available to another member, we are not usually able to guarantee the protection of this information. Therefore, please consider carefully whether you wish to trust the other member and whether he or she actually requires the information before revealing it.
We may pass on information to external service providers who are under contract to us to provide technical services (e.g. hosting, maintenance) or who support us in other ways (e.g. debt collection, customer service). In doing so, we ensure we comply with all data protection requirements under law and oblige our partners to do the same. You agree that in this context data may also be stored at locations in countries outside the European Union (EU) or the European Economic Area (EEA), under the condition that these locations also provide an appropriate level of protection (i.e. corresponding to EU data protection law) and that the transmission is not otherwise contrary to your protectable interests.
IndustrialBoard is obligated to disclose personal information and/or usage data to law enforcement, investigating authorities and other regulatory bodies if this is required for the prevention of danger to public safety and the prosecution of crimes under the law.
IndustrialBoard will retain your information only for as long as is necessary or your account is active or as needed to provide you services.
IV. Cookies without connection to online advertising
Industrialboard uses the following cookies without any connection to online advertising:
a) Session Cookies (e.g. for "login automatically")
b) Vanity Cookies (Industrialboard records the content which a user views during a function test)
c) Language Cookies (Industrialboard uses these to store the language settings of the browser used to access the Industrialboard websites.).
V. Google Analytics
IndustrialBoard works with “Google Analytics”: Google Analytics is a web analytics service provided by Google Inc. (“Google”).
The current link is: http://tools.google.com/dlpage/gaoptout?hl=en
VI. Consent to the use of data for own advertising purposes, own market research, targeted advertising and the use of tracking cookies for advertising purposes by IndustrialBoard
By visiting IndustrialBoard you consent to our collecting, processing and using your personal information also for the purposes of our own advertising or market research but especially to tailor the design of the goods and services we offer. We can also collect, collate and use your data together with other members’ data in order to improve our services, sites and advertising.
You agree that we may display targeted advertising on our website or set tracking or partner cookies or let tracking or partner cookies be set which enable targeted advertising to be displayed in your browser, for example related to your age group, place of residence or products you have viewed, recommended, bought or sold (so-called retargeting). We do not, however, disclose your personal information to the advertiser when you see such advertising; IP addresses are abbreviated accordingly.
We work together with the following companies:
VII. Photo-App of IndustrialBoard for Smartphones
The IndustrialBoard Photo App is available on the App Store of Apple Inc. as well available in the Play Store from Google Inc. for Android smartphones. Given this setting, Industrialboard has access to some of your smartphone data such as device name, device manufacturer, model, OS and SDK version.
VIII. Protection of your information and security measures
We employ standard security measures, including encryption, passwords and physical safeguards in order to protect your personal information against unauthorised access and publication as well as to prevent unsolicited communication (spam). The information on your profile is stored on a secure server, protected by a firewall.
Nevertheless, please note: Each visitor and each member of the Industrialboard websites is also responsible for the safety of his personal- and company-specific data. A careful and prudent use of this information is essential and is a supplement to the above-mentioned security mechanisms. Furthermore, it is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
IX. Revocation of consent, objection to advertising, market research or opinion research
Where the use of personal data requires your consent, you may revoke this consent at any time with effect for future use. You may notify us of your revocation by email sent to firstname.lastname@example.org. The revocation of consent may lead to services no longer being available or the contractual relationship being terminated by IndustrialBoard. We reserve the right to justify data protection related actions on the basis of statutory requirements.
Please note also that you may object at any time to the use of your information for advertising purposes, for market research or for opinion research – most simply by sending an email to email@example.com.
XI. Severability clause
Should any particular provisions of these guidelines be invalid, that fact shall not affect the validity of the other provisions.
Individual modifications and additional agreements besides these Terms and Contions and our Guidelines are invalid, unless they are confirmed in writing by Industrialboard.
XII. Final provisions, applicable law and place of jurisdiction
The most recent version of the Terms and Conditions is stored on the Industrialboad platform and is available to be viewed by anyone.
Industrialboard is entitled, for the purpose of performing its obligations under this agreement, to also avail itself of third parties as so-called vicarious agents.
Claims against Industrialboard may not be assigned to third parties either in part or in full. The sole place of jurisdiction is the registered office of Industrialboard Gmbh in Langenthal, Canton of Berne, Switzerland. The legal relationship shall be governed by Swiss law to the exclusion of UN Convention on Contracts for the International Sale of Goods (Vienna Convention). For all conflicts between sellers and buyers, the place of jurisdiction and the applicable law is based on the place, where the seller (in case of firms, its headquarter’s location) is located.
Status: February, 2015