Privacy policy for the use of the app „SMG mobile“ provided by the individual company ILFtec, Messysteme*Processes*Data*Software*Education (Dr. H. Fröschle).
This data protection declaration informs you about the nature, scope and purpose of the processing of personal data of the SMG mobile app and the functions and content associated with it. For definitions of terms used, we refer you to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO). The customer also confirms that he/she has read and understood this data protection declaration.
Responsible for data collection
ILFtec
Measurement Systems*Processes*Data*Software*Education
Dr. H. Fröschle
Düteesch 35
D-49124 Georgsmarienhütte
Email: info@ilftec.de
1 Data collection
ILFtec takes the protection of your personal data very seriously. Therefore, no personal or device-related data is collected in the SMG mobile app. Regarding all other data, we comply with the legal data protection regulations of the DSGVO as well as this privacy policy.
2 Authorisations
2.1 Location
The recording of the current location is required in order to recognise which network your smartphone is connected to. This serves to ensure that the mobile end device used is connected to the rope measuring device.
2.2 Files and media
Access to all files is still required in order to store the measured data on the mobile end device.
3 Information collected during download
When downloading the app, certain required information is transmitted to the Android App Store, in particular the user name, the e-mail address, the customer number of your account, the time of the download, payment information as well as the individual device identification number may be processed. A use of the data collected in connection with the download or use of the applications by Google that is not in line with the European Data Protection Regulation cannot be ruled out on the part of ILFtec and ILFtec has no influence on this. ILFtec does not pass on data to Google. The processing of this data is carried out exclusively by the App Store and is beyond our control.
General Terms and Conditions of Use for the „SMG mobile“ App
1 The provider
ILFtec
Measurement Systems*Processes*Data*Software*Education
Dr. H. Fröschle
Düteesch 35
D-49124 Georgsmarienhütte
Phone: +49 5401 8319 692
E-mail: ilftec@ilftec.de
Domain: http://www.ilftec.de
offers you with the SMG mobile app an application to measure the distance of objects of any kind, for example plants. Please note that you need a mobile device and additional hardware to use the SMG mobile app.
2 Scope of application
2.1 These Terms of Use (hereinafter referred to as the „Terms of Use“) apply to the use of the SMG mobile app offered by us as well as all related services.
2.2 You can view, save and print the current version of these Terms of Use at any time on our website (www.ilftec.de) and in the SMG mobile app. We reserve the right to make changes to the Terms of Use that do not relate to material contractual provisions. Material contractual provisions are those that relate to the main performance obligations of the contracting parties or otherwise have a material impact on the equivalence relationship between the contracting parties.
2.3 An Android terminal device is required to use the SMG mobile app. The terms and conditions of the Google Play Store shall apply. Should the terms and conditions of the Google Play Store contradict these Terms of Use, these Terms of Use shall take precedence.
3 Conclusion of contract and subject matter of contract
3.1 By agreeing to these Terms of Use and the Privacy Policy through your installation of the SMG mobile App, a contract is concluded between you and us for the use of the SMG mobile App in accordance with these Terms of Use.
3.2 We thereby grant you the non-exclusive, non-transferable right to use the SMG mobile App subject to these Terms of Use. You are only entitled to use the information displayed by the SMG mobile app for this purpose. Commercial use or further dissemination of the information is not permitted.
3.3 You are not entitled to reproduce the app in whole or in part. Furthermore, you are prohibited from decompiling the SMG mobile app.
4 Prerequisites for use
4.1 The use of the SMG mobile app is only possible with an SMG08 rope measuring device.
4.2 In order to use the SMG mobile app, you also need a mobile end device that must meet the technical requirements of at least Android 7.1:
Due to technical further developments of both the mobile end devices and the SMG mobile app, the technical requirements are regularly adapted. We would already like to point out that future changes to the technical requirements may mean that you can no longer use the SMG mobile app or can no longer use it to its full extent.
4.3 For the use of the SMG mobile app, a rope measuring device from ILFtec, currently in the SMG08 version, is required as additional hardware.
The hardware must be properly functional and the mobile end device must be connected to the device’s own internet/mobile network for synchronising data.
4.4 The use of the SMG mobile app requires the use of a local internet connection for a sufficient data transfer rate. This may incur costs which are to be borne by you. Please note that the full use of the SMG mobile app may therefore be spatially restricted to the reception and transmission range of the radio stations of your network operator.
5 Functions of the SMG mobile app and scope of services
5.1 We reserve the right to modify the scope of services of the SMG mobile App insofar as this modification is reasonable for you with regard to the overall scope of the agreed service.
A modification of the scope of services is permissible in particular insofar as:
Additional service functions or an extension of existing service functions are offered;
the modification of the scope of services is not substantial but is necessary due to technical innovations or new regulatory requirements;
essential calculatory parameters for the provision of the services have subsequently changed, if this change was not reasonably foreseeable for us at the time of the conclusion of the contract,
the modification does not constitute a material change to the scope of services and is necessary to ensure the economic viability of the SMG mobile app offer; or
technical changes to the rope measuring device to which the SMG mobile app service relates necessitate this modification.
5.2 With regard to the accuracy of data and information as well as the availability of the services of the SMG mobile app, we expressly refer to clause 8.
6 Costs
6.1 The SMG mobile app can be downloaded free of charge. Furthermore, we do not charge a fee for the use of the SMG mobile app within the term of the contract.
6.2 You must bear the costs incurred for data transmission for the use of the SMG mobile app yourself.
7 Availability and warranty
7.1 We make no warranty or guarantee as to the accuracy of the information provided, the security of the SMG mobile App or its uninterrupted availability.
7.2 The provision of the services presupposes the functionality and operational readiness of the mobile end device. A disturbed or delayed data transmission may therefore lead to a malfunction of the SMG mobile app. Likewise, the services may be impaired by atmospheric conditions, topographical conditions, the position of the rope measuring device or physical obstacles (e.g. bridges and buildings).
7.3 Furthermore, the availability may result from force majeure, including strikes, lockouts and official orders, as well as from short-term capacity bottlenecks due to load peaks of the services or from disturbances in the area of third-party telecommunications systems.
7.4 You, and not we, are responsible for the functionality and operational readiness of your mobile terminal.
8 Instructions for use
8.1 The SMG mobile app can in no way replace the operating instructions for your ILFtec product. Therefore, always follow the operating instructions for safe handling of one of our products. Only allow the ILFtec rope measuring device for which you have booked the SMG mobile app to be operated by persons who are sufficiently familiar and trained in its use.
9 Liability
9.1 We are not liable for the consequences of faults, interruptions and functional impairments of the services, in particular not in the cases described under nos. 8 and 9.
9.2 We shall not be liable for claims based on damage caused by us, our legal representatives or our
vicarious agents, we shall be liable without limitation in the event of
9.2.1 intentional or grossly negligent breach of duty,
9.2.2 warranty promises, if any, and
9.2.3 insofar as the scope of application of the Product Liability Act is opened.
9.3 If we, our legal representatives or our vicarious agents violate essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may rely (so-called cardinal obligations), through simple negligence, our liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which is to be typically expected.
9.4 Otherwise, we shall not be liable for damages.
10 Sale or permanent transfer
10.1 You may not transfer your existing contract of use with ILFtec for the SMG mobile app to third parties without our consent. This also applies in the event that you sell or permanently pass on your rope measuring device to a third party.
10.2 You are obliged to inform the third party to whom you sell or permanently pass on your rope measuring device of all active or deactivated services within the scope of the SMG mobile app.
11 Data protection
Please refer to our data protection declaration for the SMG mobile app, which can be viewed in the SMG mobile app and on our website (www.ilftec.de)
12 Final clause
12.1 The exclusive place of jurisdiction is D-49124 Georgsmarienhütte, Germany. We shall also have the right to sue at the court having jurisdiction over the customer or at any other court which may have jurisdiction under national and international law.
12.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.