Terms and conditions of use

INTRODUCTION

The customer platform myProducts (“MYPRODUCTS”) is a personalized web portal in order to access the electronic services (“E-SERVICES”) provided by Thales Deutschland GmbH and to store electronic data (“DATA”).

Thales Deutschland GmbH and its affiliates (the “COMPANY”) allow its customers, the product end-users, or any authorized person (“MYPRODUCTS USER”) to access MYPRODUCTS.

For the purposes of these general terms & conditions of use (‘TERMS & CONDITIONS’), any legal entity or duly authorised representative of a legal entity acting in a professional capacity who agrees to use MYPRODUCTS solely for the purpose of exchanges with the COMPANY is a MYPRODUCTS USER ORGANIZATION.

The TERMS & CONDITIONS applicable to the MYPRODUCTS web portal define the terms and conditions regarding access to and the use of MYPRODUCTS.

The MYPRODUCTS USER has confirmed its full acceptance of these TERMS & CONDITIONS when using MYPRODUCTS for the first time.

Unless an additional agreement about special services and respective charges is concluded between the MYPRODUCTS USER and the COMPANY, E-SERVICES are made available to MYPRODUCTS USERs free of charge.

1. TERMS AND CONDITIONS GOVERNING ACCESS TO MYPRODUCTS

1.1. Information used to access MYPRODUCTS

By accepting these TERMS & CONDITIONS, the MYPRODUCTS USER warrants that it has provided accurate, true, current and exhaustive information regarding its identity, business and contact details. The MYPRODUCTS USER agrees in particular to provide a valid e-mail address owned solely by the MYPRODUCTS USER. All requests for registration have to be validated by the COMPANY.

If the MYPRODUCTS USER provides information that is incorrect, untrue, out of date or incomplete, the COMPANY will be entitled to suspend or revoke access to MYPRODUCTS for this MYPRODUCTS USER and to subsequently deny this MYPRODUCTS USER access to the whole or part of the tool.

The MYPRODUCTS USER’s e-mail and password (‘LOGIN DETAILS’) are used to access MYPRODUCTS. This information is (to be) treated as confidential. The MYPRODUCTS USER agrees not to choose an immoral password, contrary to public policy or in breach with applicable regulations or third-party rights. The MYPRODUCTS USER is solely responsible for all use made of its LOGIN DETAILS and must ensure that its LOGIN DETAILS remain confidential. The COMPANY will not be liable under any circumstances for any damage or loss that occurs due to a breach of the MYPRODUCTS USER’s obligations under this clause.

The MYPRODUCTS USER agrees to immediately inform the COMPANY in writing of any unauthorised use of its LOGIN DETAILS and of any breach of confidentiality or security breach in relation to its LOGIN DETAILS.

If the COMPANY has legitimate reason to believe that the security of MYPRODUCTS is threatened or that the Web portal has been used inappropriately due to the unauthorised use of the MYPRODUCTS USER’s LOGIN DETAILS, the COMPANY may temporarily suspend the MYPRODUCTS USER’s account in order to protect the integrity of MYPRODUCTS and the DATA and, if deemed appropriate, request to change the LOGIN DETAILS.

The COMPANY reserves the right to deactivate the MYPRODUCTS USER’s account if the account is not used for a period of twenty-four (24) months.

1.2. Accessing MYPRODUCTS

The MYPRODUCTS USER is aware of and understands internet, its limits and, in particular, its functional characteristics and technical performance, the risks of service interruptions, the response times for browsing, reading and transferring information, the risks associated with transferring DATA on open networks and, generally, the risks associated with connecting to the internet.

The MYPRODUCTS USER acknowledges that it has the expertise and resources needed to access and use MYPRODUCTS.

By accepting the TERMS & CONDITION, the MYPRODUCTS USER accepts MYPRODUCTS cookies usage.

The MYPRODUCTS USER acknowledges that it has checked that its IT platform is appropriate, that it has not been infected by a virus and that it is in good working order before the beginning of the use of MYPRODUCTS by the MYPRODUCTS USER.

The MYPRODUCTS USER is solely responsible for supplying the equipment (computer, software, telecommunications devices, etc.) used to access MYPRODUCTS. The MYPRODUCTS USER is aware of the fact that using MYPRODUCTS would involve the transmission of DATA from and to the MYPRODUCTS USER’s information system, for which charges may apply. The MYPRODUCTS USER must therefore ensure that its devices have adequate transfer capacities.

The MYPRODUCTS USER must use appropriate devices to meet the security requirements imposed in order to browse internet such as using MYPRODUCTS supported browser versions, anti-virus programs etc.

2. TERMS AND CONDITIONS GOVERNING THE USE OF MYPRODUCTS

2.1. Downloading Data on and from MYPRODUCTS

The MYPRODUCTS USER agrees to use MYPRODUCTS in accordance with these TERMS & CONDITIONS and particularly in accordance with applicable laws and regulations.

Generally, the MYPRODUCTS USER agrees not to do anything that might breach any law, public policies or morality or in any way harm the COMPANY or third parties, for example by issuing, publishing, posting or circulating DATA.

When using MYPRODUCTS, the MYPRODUCTS USER agrees to comply with the following rules, on the understanding that this list is not exhaustive:

to use MYPRODUCTS fairly, solely for its own needs and only in accordance with applicable laws, regulations and practices;
to respect the intellectual property rights to the content provided by the COMPANY and

other MYPRODUCTS USERs (if applicable) as well as the intellectual property rights of third parties; accordingly, the MYPRODUCTS USER agrees not to reproduce and/or communicate any DATA without the permission of the holders of the related rights;

not to use or attempt to use any function of MYPRODUCTS for any purpose other than its intended purpose, as defined in these TERMS & CONDITIONS.

If the COMPANY observes or receives notice from a third party of a breach of these TERMS & CONDITIONS by the MYPRODUCTS USER, the COMPANY reserves the right to temporarily or permanently suspend the MYPRODUCTS USER’s access to MYPRODUCTS without notice and without any compensation or other liability to the MYPRODUCTS USER.

The COMPANY uses standard secured protocol during transmission but the COMPANY cannot guarantee the security or integrity of DATA during transfers. The MYPRODUCTS USER acknowledges that it is fully aware of the foregoing and agrees to download the DATA under its full and sole responsibility, and in full knowledge of the risks.

In order to avoid the loss or corruption of DATA, the MYPRODUCTS USER represents that it shall create a backup copy on a reliable permanent device before posting the DATA online.

The MYPRODUCTS USER agrees not to load to, download from or transmit DATA (including attached files or program) to MYPRODCUTS that contains or might contain a virus or program that may destroy or intercept other DATA stored on MYPRODUCTS. The MYPRODUCTS USER further agrees to check that the DATA (including attached files or program) it uses does not contain a virus or program that might disrupt the operation of MYPRODUCTS or in any way adversely affect other MYPRODUCTS USERs and/or the COMPANY.

The COMPANY does not warrant that the information, elements or E-SERVICES provided via MYPRODUCTS are accurate, current, exhaustive, relevant or fit for the COL USER’s intended purposes. Accordingly, the MYPRODUCTS USER uses the information, elements or E-SERVICES accessed via MYPRODUCTS solely at own risk.

The MYPRODUCTS USER acknowledges that all DATA published on MYPRODUCTS could be passed on to competent authorities at their request.

2.2. Accessing third-party platforms and DATA

E-SERVICES hosted outside MYPRODUCTS infrastructure or links to third-party web portals, including those owned by partners of the COMPANY, may appear on MYPRODUCTS. If they do, the COMPANY does not warrant that the information, elements or E-SERVICES stored on or provided via an external environment are accurate, current, exhaustive or relevant. The MYPRODUCTS USER must access these web portals or E-SERVICES at its sole risk and under its sole responsibility. As the COMPANY cannot control the content of such web portals and E-SERVICES, the MYPRODUCTS USER acknowledges that the COMPANY cannot be liable for any products, services, information or DATA available on and/or from these web portals or E-SERVICES.

Furthermore, the COMPANY will not be liable for any content, correspondence or other form of DATA exchanged between a MYPRODUCTS USER and/or a third party on and/or from MYPRODUCTS.

The MYPRODUCTS USER will be solely liable for any physical or direct (material and immaterial) damages or loss suffered by the COMPANY and/or a third party due to or in connection with the MYPRODUCTS USER’s use of MYPRODUCTS, and agrees to hold the COMPANY harmless from and against (i) any claim, threatened against the COMPANY or of which the COMPANY might be the subject, and/or (ii) any sanction imposed against the COMPANY, including the reasonable lawyers’ fees incurred by the COMPANY as a result of, on the basis of or due to the improper use of MYPRODUCTS by the MYPRODUCTS USER.

2.3. Confidentiality

The MYPRODUCTS USER agrees not to disclose to third parties by any means whatsoever some or all of the documents, DATA or information to which it has or will have access by using MYPRODUCTS. The MYPRODUCTS USER agrees to ensure that the documents, DATA and information to which it has or will have access by using MYPRODUCTS are protected, kept strictly confidential and treated with the same amount of precaution and protection as it affords to its own equally important confidential information.

3. INTELLECTUAL PROPERTY

3.1. Property

The intellectual and industrial property rights owned by the COMPANY (or thirds parties) shall remain in full force and effect in consequence of the use of MYPRODUCTS and its content.

The COMPANY hereby grants to the MYPRODUCTS USER only, and to this extent recognises to be entitled to grant, the rights to use the MYPRODUCTS as contemplated in this document.

The MYPRODUCTS USER is entitled to use the MYPRODUCTS and its content only strictly in accordance with these TERMS AND CONDITIONS and is prohibited from unreasonably extracting or (re-) using any DATA contained in MYPRODUCTS.

The COMPANY is permitted to reproduce some or all of the DATA provided by the MYPRODUCTS USER on any digital storage device existing now or in the future, including (but not limited to) any server, hard drive (whether removable or not), memory card or other equivalent device, in any format and using any process existing now or in the future, to the extent required for any storage, backup, transmission or download operation involved in the operation of MYPRODUCTS. This right includes the option to make changes to the configuration of the DATA in order to comply with the MYPRODUCTS layout and/or to make it compatible with its technical performance or relevant formats with a view to being integrated and/or published via MYPRODUCTS.

3.2. Trademark and Logo

These TERMS & CONDITIONS do not grant the MYPRODUCTS USER the right to use trademarks or logos which are the property of Thales Deutschland GmbH or its affiliates or other third parties whether a specific mention in that respect is made or not.

4. PERSONAL DATA

In order to have access to MYPRODUCTS, the MYPRODUCTS USER agrees to provide the COMPANY personal and confidential information (“PERSONAL DATA”).

The MYPRODUCTS USER is aware of the fact that the PERSONAL DATA indicated as mandatory on the relevant forms and that is collected in order to be able to access MYPRODUCTS is required to use MYPRODUCTS.

The MYPRODUCTS USER is solely responsible for the PERSONAL DATA it provides on MYPRODUCTS and to the COMPANY. The MYPRODUCTS USER represents that the information and PERSONAL DATA provided in relation to its account is exhaustive and accurate. In addition to the PERSONAL DATA voluntarily disclosed by the MYPRODUCTS USER, the COMPANY may collect log information.

The PERSONAL DATA are collected and processed by the COMPANY for providing any E-SERVICES as may be required and/or expected by the MYPRODUCTS USER and to make statistics regarding the use of MYPRODUCTS in order to improve its setting up and functionalities. The PERSONAL DATA are not kept for longer than 3 years after the end of the commercial relationship.

The COMPANY transfers PERSONAL DATA with service providers only for hosting and maintenance purposes.

In accordance with EU Regulation 2016/679, the MYPRODUCTS USER has the right, on the page “My profile” in the MYPRODUCTS site, to correct and request deletion of any PERSONAL DATA relating to it. When exercising the right to oppose the processing of the said PERSONAL DATA, concerned E-SERVICES cannot be rendered.

Finally, it has to be noted that as a result of the use of MYPRODUCTS, cookies may be used for authentication purposes and to make statistics regarding the use of MYPRODUCTS. The cookies are not kept for longer than 13 months after they are placed on the MYPRODUCTS USER’s device. The MYPRODUCTS USER can oppose to the use of cookies at any time by setting up its browser. More information on how to set up a browser to prevent the use of cookies is available via the links below:

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

https://support.google.com/accounts/answer/61416?hl=en

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-managecookies.

5. EXPORT CONTROLS

The MYPRODUCTS USER represents that he is aware of and complies with all regulations applicable to export control.

It is strictly prohibited to download, host or transfer via MYPRODUCTS any controlled information, DATA or document under international or national export control regulations.

If the MYPRODUCTS USER breaches this obligation, it is solely responsible and obliged to indemnify and hold the COMPANY harmless from any claims resulting or in connection with such a breach. In case of such breach the COMPANY also reserves the right to temporarily or permanently revoke the MYPRODUCTS USER’s access to MYPRODUCTS without notice, in which case the MYPRODUCTS USER will not be entitled to any compensation from, or to any other claim against, the COMPANY.

6. MODIFICATIONS – UPGRADES

The COMPANY reserves the right to temporarily suspend access to MYPRODUCTS or some of its functions without notice, particularly for maintenance purposes, in which case neither the MYPRODUCTS USER nor any third party will be entitled to any compensation or to any other claim against the COMPANY.

The COMPANY reserves the right to upgrade MYPRODUCTS without notice, particularly by making new functions available or by modifying or deleting certain functions. The MYPRODUCTS USER will be informed of any change that materially concerns it.

The MYPRODUCTS USER will be notified of any changes to the TERMS & CONDITIONS by e-mail or any other means at the Company’s discretion and will take effect as soon as they have been accepted by the MYPRODUCTS USER.

7. LIABILITY

The MYPRODUCTS USER will be solely liable to the COMPANY and third parties (where applicable) for any damage or loss caused by DATA, information or any other content communicated, transmitted or circulated by the MYPRODUCTS USER during its use of MYPRODUCTS, and for any breach by the MYPRODUCTS USER of these TERMS & CONDITIONS.

Except in case of intentional misconduct or grossly negligent breach of material obligations, the COMPANY shall have no liability towards the MYPRODUCTS USER, especially the Company shall not be liable inter alia for the following:

the type, quality, fitness for any purpose intended by the MYPRODUCTS USER or accuracy of DATA downloaded on and from MYPRODUCTS by the MYPRODUCTS USER;
problems accessing MYPRODUCTS (e.g. due to the total or partial breach of an obligation of the MYPRODUCTS USER), the MYPRODUCTS USER’s use of equipment not suited to the characteristics of MYPRODUCTS, a malfunction and/or the saturation of the internet at certain times;
the contamination by a virus of the MYPRODUCTS USER’s DATA (including attached file or program), which the MYPRODUCTS USER is required to protect;
malicious attacks by third parties on the MYPRODUCTS USER’s DATA, despite the security measures implemented by the COMPANY;
the inappropriate or incorrect use of MYPRODUCTS and the relevant storage space by the MYPRODUCTS USER;
damages to the MYPRODUCTS USER’s equipment for which the MYPRODUCTS USER is solely responsible;
inappropriate use of the LOGIN DETAILS or, generally, of any sensitive information of the MYPRODUCTS USER, for which the latter is solely responsible;
any indirect damage or loss, that is, any damage or loss that is not due directly and exclusively to a malfunction affecting the whole or part of MYPRODUCTS.

The COMPANY denies all responsibility for any fraudulent use of the MYPRODUCTS USER’s DATA and gives no warranty as to any content posted online and shared by a MYPRODUCTS USER, as the MYPRODUCTS USER is solely responsible for the DATA owned by it that is stored or exchanged on MYPRODUCTS. The MYPRODUCTS USER releases the COMPANY from all liability for the DATA used by the MYPRODUCTS USER by any means via MYPRODUCTS. Any third-party complaint concerning DATA posted online on MYPRODUCTS will be redirected to the MYPRODUCTS USER, which will be solely responsible for handling the complaint.

The MYPRODUCTS USER agrees to compensate and hold the COMPANY harmless on request, including in connection with a final court decision, from and against any direct (material and immaterial) damages, expenses or losses suffered by the COMPANY or by a third party due to a claim, action or complaint linked to the DATA or information stored on MYPRODUCTS or due to the non-respect of these TERMS & CONDITIONS and more generally of the use of MYPRODUCTS.

8. GOVERNING LAW – DISPUTES

These TERMS & CONDITIONS are governed by German law. In the event of any dispute, controversy or claim arising out of or in connection with the MYPRODUCTS USER’s use of MYPRODUCTS which cannot be settled amicably between the parties, such dispute shall be finally settled by the competent Courts of Stuttgart, Germany.