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Umek Commitment to Data Privacy Protection


Protecting the security and privacy of your personal data is important to Umek; therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand what data Umek may collect, how Umek uses and safeguards that data and with whom we may share it

Personal data


Through our Web sites, Umek will not collect any personal data about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it (e.g. by registration, survey), respectively, provide your consent, or unless otherwise permitted by applicable laws and regulations for the protection of your personal data.

Purpose of Use and Limitations


When you do provide us with personal data, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our customer relationship with you:
• we may store and process personal data and share it with our worldwide affiliates to better understand your business needs and how we can improve our products and services; or
• we (or a third party on our behalf) may use personal data to contact you about a Umek offer in support of your business needs or to conduct online surveys to understand better our customers’ needs.
If you choose not to have your personal data used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell or otherwise market your personal data to third parties, except to Umek affiliates.

Purpose Limitation
Umek will collect, use or disclose personal data supplied by you online only for the purposes disclosed to you, unless the disclosure:
• is a use of the personal data for any additional purpose that is directly related to the original purpose for which the personal data was collected,
• is necessary to prepare, negotiate and perform a contract with you,
• is required by law or the competent governmental or judicial authorities,
• is necessary to establish or preserve a legal claim or defense,
• is necessary to prevent fraud or other illegal activities, such as willful attacks on Umek information technology systems.

Communications or Utilization Data


Through your use of telecommunications services to access our Web site, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

Children


Umek will not knowingly collect personal data from children without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations or to protect a child. The definition of “child” or “children” should take into account applicable laws as well as national and regional cultural customs.

Security


To protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, Umek uses technical and organizational security measures.

Links to Other Web Sites


Umek Web sites contain links to other Web sites. Umek is not responsible for the privacy practices or the content of other Web sites.

Questions and Comments


Umek will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If you have any questions or comments about the Umek Data Privacy Protection Policy (e.g. to review and update your personal data), please click on “I want u to contact me” at the bottom of the webpage and send us your request by e-mail to the displayed e-mail address. As the Internet matures, so will our Data Privacy Protection Policy. We will post changes to our Data Privacy Protection Policy on this page. Please check this page regularly to keep up-to-date.

Scope


Any use of this web site provided by Umek and/or its affiliates (“Umek”), “Umek Web Site”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Umek Web Site these Terms of Use are accepted in their then cur-rent version.

Services


This Umek Web Site contains specific information for viewing or downloading.

Umek may stop the operation of the Umek Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Umek cannot accept any liability for the continuous availability of the Umek Web Site.

Registration


Some pages of the Umek Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Umek reserves the right to deny registration to any User. Umek particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Umek is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
• uses false data for the purpose of registration;
• violates these Terms of Use or neglects its duty of care with regard to User Data;
• violates any applicable laws in the access to or use of the Umek Web Site; or
• did not use the Umek Web Site for longer than one year.

Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the User shall promptly change the password received from Umek into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

Rights of Use to Information


The use of any information made available on or via this Umek Web Site is subject to these Terms of Use or, in case of updating information subject to the applicable license terms previously agreed to with Umek. Separately agreed to license terms shall prevail over these Terms of Use.

Umek grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information made available to the User on or via the Umek Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Umek in making same available.

Information may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available.

The information is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

Intellectual Property


Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Umek Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Umek.

Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

Duties of the User


In accessing or using the Umek Web Site the User shall not
• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball sys-tem, chain letter, pyramid game or similar activity.

Umek may deny access to the Umek Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

Hyperlinks


The Umek Web Site may contain hyperlinks to the web pages of third parties. Umek shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Umek does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

Liability for defects of title or quality


Insofar as any information is made available at no cost, any liability for defects as to quality or title of the information especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

The information on the Umek Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

Other Liability, Viruses


The liability of Umek for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Umek is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

Data Privacy Protection


For collection, use and processing of personally identifiable data of the User of the Umek Web Site, Umek shall comply with applicable laws on data privacy protection and the Umek Web Site Data Protection Privacy Policy, which is available per hyperlink on the Umek Web Site and/or on www.Umek.com.

Place of Jurisdiction, Applicable Law


The individual pages of the Umek Web Site are operated and administered by Umek and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Umek makes no representation that information on the Umek Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Umek Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Umek Web Site’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Umek, the User should contact the Umek representative for the particular country for country specific business.

These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Slovenia, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

Non-Personal Data Collected Automatically


When you access our Web sites, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the Web site from which you came, number of visits, average time spent on the site, pages viewed). We may use this data and share it with our worldwide affiliates to monitor the attractiveness of our Web sites and improve their performance or content.
”Cookies” – Information Stored Automatically on Your Computer
When you view one of our Web sites, we may store some data on your computer in the form of a “cookie” to automatically recognize your PC next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor a Web site to better match your interests or to store your password to save you having to reenter it each time. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored.

Registration


The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password-protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Umek thereof without undue delay in writing, or, as the case may be, by e-mail.

After receipt of the notice under paragraph 3.4, Umek will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to Umek or upon new registration.

The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Umek will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.

Other Liability, Viruses


Although Umek makes every endeavor to keep the Umek Web Site free from viruses, Umek cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation

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