Terms of Use
1. Scope
1.1. Any use of this web site provided by QuantumHeights GmbH and/or its affiliates ("QuantumHeights®"), "QuantumHeights® Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions.
1.2. In the case of Web service offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
1.3. If the User uses this QuantumHeights® Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
2. Services
2.1. This QuantumHeights® Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2. QuantumHeights® may stop the operation of the QuantumHeights® Web Site in full or in part at any time. Due to the nature of the internet and computer systems, QuantumHeights® cannot accept any liability for the continuous availability of the QuantumHeights® Web Site.
3. Registration, Password
3.1. Some pages of the QuantumHeights® Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. QuantumHeights® reserves the right to deny registration to any User. QuantumHeights® particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. QuantumHeights® 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 QuantumHeights® Web Site; or
did not use the QuantumHeights® Web Site for a longer period.
3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to QuantumHeights®, is current at all times and an address at which the User can be contacted.
3.3. 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 QuantumHeights® 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.
3.4. 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 QuantumHeights® thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5. After receipt of the notice under paragraph 3.4, QuantumHeights® 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 QuantumHeights® or upon new registration.
3.6. 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 QuantumHeights® will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Right of use to Information, Software and Documentation
4.1. The use of any information, software and documentation made available on or via this QuantumHeights® Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with QuantumHeights®. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
4.2. QuantumHeights® grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the QuantumHeights® Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by QuantumHeights® in making same available.
4.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case QuantumHeights® shall make the source code available in return for the payment of costs.
4.4. Information, software and documentation 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. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
4.5. The information, software and documentation are 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 alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
4.6. §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the QuantumHeights® 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 QuantumHeights®.
5.2. 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.
5.3. QuantumHeights® may, without charge, use any ideas or proposals stored by a User on the QuantumHeights® Web Sites for the development, improvement of it services and value propositions.
6. Duties of the User
6.1. In accessing or using the QuantumHeights® Web Site the User shall not 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 system, chain letter, pyramid game or similar activity.
6.2. QuantumHeights® may deny access to the QuantumHeights® Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
7. Hyperlinks
The QuantumHeights® Web Site may contain hyperlinks to the web pages of third parties. QuantumHeights® 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 QuantumHeights® 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.
8. Liability of defects for title or quality
8.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation 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.
8.2. The information on the QuantumHeights® Web Site may contain specifications or general descriptions related to the technical competences and commercial value propositions, with the possibilities of individual offering which may not be available in certain cases under certain circumstances. The required technical and commercial proposition shall therefore be mutually agreed in each case at the time of contractual agreement.
9. Other Liability, Viruses
9.1. The liability of QuantumHeights® 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 QuantumHeights® is excluded unless required by law, in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment 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.
9.2. Although QuantumHeights® makes every endeavor to keep the QuantumHeights® Web Site free from viruses, QuantumHeights® 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.
9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Supplementary Agreements, Place of Jurisdiction, Applicable Law
10.1. Any supplementary agreement requires the written form.
10.2. The place of jurisdiction shall be Mönchengladbach if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
10.3. The individual pages of the Siemens Web Site are operated and administered by QuantumHeights GmbH and/or its affiliates. The pages comply with the law applicable in the EU. QuantumHeights® makes no representation that information, software and/or documentation on the QuantumHeights® Web Site are appropriate or available for viewing or downloading at locations outside the EU. If Users access the QuantumHeights® Web Site from outside the EU, they are exclusively responsible for compliance with all applicable local laws. Access to QuantumHeights® 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 QuantumHeights®, the User should contact a QuantumHeights® representative for a country specific business appraisal and decision.
10.4. 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 Germany, to the exclusion of its conflict of laws rules.
Data Privacy Notice
October 2021
We (meaning the specific company identified as being the operator of the website that directed you to this Privacy Notice) believe that protecting the security and privacy of your personal data is important.
The personal data that we collect about you depends on the context of your interactions with us, your location, and applicable law.
we process information which you have actively and voluntarily provided about yourself, includes the following categories of personal data:
Your contact information, including name, e-mail address, telephone number;
Further personal data that you provide by filling the online form;
We process your personal data for the following purposes:
To verify your identity;
To answer your requests and inquiry;
To provide you with access to specific information ;
To contact you with information concerning our services.
To contact you in the context of customer satisfaction surveys
To reasonably establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on our information technology systems.
Data Privacy Notice - EU General Data Protection Regulation:
This section applies and provides you with further information on your processed personal data, since QuantumHeights® is headquartered in the European Union.
The General Data Protection Regulation requires us to provide you with information on the legal basis of the processing of your personal data.
Communicating with Business Partners about our products, services and projects, e.g. by responding to inquiries or requests or providing you with technical information.
Contract Performance (Article 6 (1) (b) GDPR)
Legitimate Interest (Article 6 (1) (f) GDPR)
Planning, performing and managing the (contractual) relationship with Business Partners; e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services;
Contract Performance (Article 6 (1) (b) GDPR)
Compliance with Legal Obligations (Article 6 (1) (c) GDPR)
Administrating and performing market analysis, or other customer activities or events;
Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
Legitimate Interest (Article 6 (1) (f) GDPR)
Conducting customer satisfaction surveys and direct marketing activities as further explained in Section 3;
Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
Legitimate Interest (Article 6 (1) (f) GDPR)
Maintaining and protecting the security of our products, services and websites, preventing and detecting security threats, fraud or other criminal or malicious activities;
Legitimate Interest (Article 6 (1) (f) GDPR)
Ensuring compliance with legal obligations (such as record keeping obligations), export control and customs, Business Partner compliance screening obligations (to prevent white-collar or money laundering crimes), and our policies or industry standards; and
Compliance with Legal Obligations (Article 6 (1) (c) GDPR)
Legitimate Interest (Article 6 (1) (f) GDPR)
Solving disputes, enforce our contractual agreements and to establish, exercise or defend legal claims.
Compliance with Legal Obligations (Article 6 (1) (c) GDPR)
Legitimate Interest (Article 6 (1) (f) GDPR)
International data transfers
In the event that we transfer your personal data outside the European Union, we ensure that your data is protected in a manner which is consistent with the General Data Protection Regulation. Therefore, and if required by applicable local law,
Cookie Policy & Notice
Status: October 2021
This Cookie Policy applies to the websites accessible under “quantumheights.com” (the “website”).
This website uses cookies. Cookies are small files containing certain information that are stored on your device. Cookies are served either by QuantumHeights GmbH (“QuantumHeights®”) – so-called “first party cookies” – or by third parties providing services to QuantumHeights®; such cookies are referred to as “third party cookies”.
Cookies are necessary to provide certain functionalities on a website, e.g. to maintain a language choice made by a user. Moreover, cookies enable the respective issuer (QuantumHeight® or a third party) to recognize that the website was previously called up by a certain end device, allowing the identification of returning visitors (or rather their end devices) and gathering information about their usage of the website and their presumed interests.
This information is used to improve the website and services on the website as well as on third party sites.
Cookies are essential in order to enable you to move around the website and use its features, such as setting your privacy preferences, logging in or filling in forms. Without these cookies, services requested through usage of our website cannot be properly provided.
You may configure your web browser to block cookies, but you might then not be able to use the website’s functionalities as intended.
To the extent that information processed in connection with cookies should qualify as personal data in a given case, the legal ground for that processing is QuantumHeights®’ legitimate interest to operate the website.
Further information collected by cookies may include; internet browser and operating system used, the domain name of the website which were previously visited, the number of visits, average duration of visit, and pages called up.
To the extent that information processed in connection with the cookies should, in a given case, qualify as personal data, the legal ground for that processing is the user’s consent.
The cookies collect information about how visitors use our website, They help us to improve the user friendliness of our website and therefore enhance the user’s experience.
