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commit: 81be43f05394379a1c328f907a3eeb9ddcf5981c |
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Author: Conrad Kostecki <conikost <AT> gentoo <DOT> org> |
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AuthorDate: Thu Aug 27 14:02:56 2020 +0000 |
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Commit: Conrad Kostecki <conikost <AT> gentoo <DOT> org> |
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CommitDate: Thu Aug 27 15:06:53 2020 +0000 |
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URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=81be43f0 |
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|
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licenses/teamspeak5: add license for media-sound/teamspeak-client:5 |
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|
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Signed-off-by: Conrad Kostecki <conikost <AT> gentoo.org> |
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|
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licenses/teamspeak5 | 1884 +++++++++++++++++++++++++++++++++++++++++++++++++++ |
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1 file changed, 1884 insertions(+) |
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|
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diff --git a/licenses/teamspeak5 b/licenses/teamspeak5 |
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new file mode 100644 |
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index 00000000000..a3f00ba0ac3 |
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--- /dev/null |
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+++ b/licenses/teamspeak5 |
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@@ -0,0 +1,1884 @@ |
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+Privacy Statement |
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+ |
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+ |
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+ 1. Scope of application |
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+ |
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+1.1 Below you will find information about the collection, storage and |
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+processing of personal data when using the services of TeamSpeak Systems |
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+Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to |
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+as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, |
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+are entered in the commercial register of the Munich Local Court under |
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+the registration number HRB 172523 (hereinafter referred to as TeamSpeak |
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+DE; hereinafter referred to both companies jointly as TeamSpeak) under |
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+the domains teamspeak.com, teamspeakusa.com and myteamspeak.com |
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+(hereinafter referred to collectively as "Teamspeak.com" and the latter |
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+as "Myteamspeak.com" and all three collectively referred to as |
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+"Website(s)"), which may also be accessed as a mobile version. This |
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+applies in particular - but not exclusively - to the download of the |
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+software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client" |
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+(hereinafter jointly referred to as "Software Solutions"), the |
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+downloading and use of the "TS3 Client" and "TS5 Client" (for PC or |
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+mobile devices), participation in the Forum and the uploading and |
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+downloading of TeamSpeak's own software programs that are compatible |
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+with TeamSpeak's software solutions and released by TeamSpeak |
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+(hereinafter referred to as "Add Ons"). |
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+ |
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+1.2 Personal data are all data which can be traced back to you |
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+personally, i.e. which could be associated with your person. These are |
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+in particular name, e-mail address, address, telephone number, user |
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+behaviour, IP address, etc. |
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+ |
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+ |
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+2. Service provider |
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+ |
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+2.1 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA. |
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+Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1 |
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+p. 1 DSGVO is TeamSpeak. |
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+ |
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+2.2 The websites operated by TeamSpeak USA contain links which, when |
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+activated, will take you to the websites of third parties. TeamSpeak USA |
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+expressly points out that in this case you must inform yourself on the |
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+linked website about the collection, storage and processing of personal |
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+data by the third party provider, as TeamSpeak USA has no influence on this. |
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+ |
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+ |
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+3. Information |
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+ |
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+3.1 You have the right to request detailed information from TeamSpeak |
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+USA at any time about the personal data stored and processed about you |
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+and its origin, the purpose of storage and processing and the recipients |
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+or categories of recipients to whom such data will be disclosed. |
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+ |
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+3.2 Please send your request for information by e-mail to |
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+privacy@×××××××××.com or by e-mail, telephone, post or fax to the |
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+contact details provided in the imprint on the websites operated by |
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+TeamSpeak USA. |
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+ |
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+ |
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+4. Revocation |
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+ |
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+4.1 You can revoke your consent to the storage, collection and |
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+processing of your personal data at any time. |
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+ |
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+4.2 Please send your revocation by e-mail to privacy@×××××××××.com or by |
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+e-mail, telephone, post or fax to the contact details provided on the |
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+websites operated by TeamSpeak USA. |
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+ |
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+ |
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+5. Use of cookies |
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+ |
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+5.1 When using the websites operated by TeamSpeak USA, cookies are |
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+stored on your computer, even if they are used for purely informational |
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+purposes on the websites operated by TeamSpeak USA. |
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+ |
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+5.2 Cookies are small text files that are stored on your hard drive, |
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+assigned to the browser you are using, and through which certain |
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+information is transmitted to the location that sets the cookie. Cookies |
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+cannot execute programs and, above all, cannot transmit viruses to your |
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+computer. Cookies are used in particular to make the websites operated |
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+by TeamSpeak USA more user-friendly. |
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+ |
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+5.3 If you have a user account for the websites operated by TeamSpeak |
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+USA, cookies are used in particular to identify you for subsequent |
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+visits to the websites operated by TeamSpeak USA. This prevents you from |
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+having to log in again for each visit. |
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+ |
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+5.4 The websites operated by TeamSpeak USA use the following types of |
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+cookies: |
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+ |
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+ * Transient cookies, i.e. with temporary use |
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+ * Persistent cookies, i.e. with a limited period of use |
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+ * Third party cookies, i.e. cookies from third parties |
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+ |
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+5.5 Transient cookies are deleted as soon as you close your browser. |
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+These include in particular the so-called session cookies. Session |
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+cookies store a session ID that allows your browser's requests to be |
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+associated with the session, so that your computer can be recognized by |
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+the system when you return to the website operated by TeamSpeak USA. As |
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+soon as you log out or close your browser, all session cookies are |
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+automatically deleted. |
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+ |
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+5.6 Persistent cookies will only be deleted after a period of time that |
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+is dependent on the respective cookie and extends beyond the session, |
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+but no later than two months after the cookie has been set. You can |
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+delete these cookies at any time automatically in the security settings |
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+of your browser. |
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+ |
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+5.7 In your browser settings you can adjust the use of cookies |
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+individually and also prevent them completely. In particular, you can |
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+also completely prevent the use of third party cookies. In this case, |
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+however, you may not be able to use all the features of the websites |
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+operated by TeamSpeak USA. |
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+ |
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+5.8 The information stored via cookies is stored separately from and not |
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+linked to your other personal data. |
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+ |
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+5.9 TeamSpeak USA would like to point out that third-party providers who |
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+collect data using cookies also use data about the use of websites |
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+operated by TeamSpeak USA for user-generated advertising on other |
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+websites. TeamSpeak USA has no influence on this data collection. |
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+ |
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+ |
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+6. Informational use of the websites operated by TeamSpeak USA |
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+ |
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+6.1 For purely informational use of the websites operated by TeamSpeak |
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+USA, TeamSpeak USA collects only the data transmitted by your browser, |
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+which is this: |
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+ |
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+ * Your IP address |
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+ * Date, time, and duration of your visit to the respective TeamSpeak |
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+ USA Web site |
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+ * Your user behavior, i.e., your visit to the respective website |
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+ operated by TeamSpeak USA, subpages of the websites operated by |
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+ TeamSpeak USA, and the order of your visits, clicks made, and time |
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+ spent on individual pages and subpages |
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+ * Time zone difference to Greenwich Mean Time |
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+ * The access status / http status code |
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+ * Concrete amounts of data transferred |
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+ * Operating system and its interface |
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+ * Browser as well as language and version of the browser software |
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+ * The website from which the request originates |
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+ |
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+When using a mobile device, the following data is also stored: |
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+ |
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+ * Type of mobile device and its settings |
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+ * Your location from which you access the TeamSpeak USA Web site. |
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+ |
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+6.2 You are deemed to be using the TeamSpeak USA Websites for |
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+informational purposes only if you do not sign up for a customer |
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+account, forum account or developer account, download the software |
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+solutions or the TeamSpeak Software Client, upload or download add-ons, |
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+submit a request through the TeamSpeak USA Websites or otherwise submit |
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+personal information to TeamSpeak USA. |
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+ |
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+ |
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+7. Data collection when purchasing licenses for software solutions |
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+ via Teamspeak.com |
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+ |
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+7.1 If you wish to purchase licenses for the software solutions or other |
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+services from TeamSpeak USA through the TeamSpeak USA Websites, you must |
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+create a customer account. An order without an existing or new customer |
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+account is not possible. |
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+ |
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+7.2 When you register for a User Account, the data you enter during the |
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+registration process will be stored, subject to TeamSpeak USA deleting |
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+your User Account at any time upon your request. |
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+ |
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+7.3 The data transmitted by you will be used in particular for the |
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+mutual fulfilment of the contract. For this purpose, your data may also |
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+be passed on to the partners required to fulfil the contract. This is in |
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+particular the payment service provider PayPal Inc, 2211 North First |
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+Street, 95131 San José, California, USA (hereinafter referred to as |
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+"PayPal"). You can find further information on the transfer of your |
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+personal data to third parties under section 15 of this data protection |
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+declaration. |
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+ |
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+7.4 TeamSpeak USA also uses your personal data for marketing and |
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+advertising purposes for TeamSpeak services. Without your specific |
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+consent, however, TeamSpeak will only send you information about |
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+TeamSpeak's services that is similar to the services you have used. |
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+ |
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+7.5 You have the right at any time to have your account deleted by |
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+TeamSpeak USA by sending a request to that effect to the e-mail address |
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+privacy@×××××××××.com or the data specified in the imprint of the |
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+TeamSpeak USA website. In the event that your user account is deleted at |
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+your request, your data will be deleted immediately as soon as it is no |
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+longer required to fulfill the contract and TeamSpeak USA is not legally |
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+obliged to store it. |
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+ |
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+7.6 In order to prevent unauthorized access by third parties to your |
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+personal data, in particular financial data, the order process is |
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+encrypted using SSL technology. |
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+ |
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+ |
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+8. Data collection when downloading the TS3 client and the TS5 client |
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+ |
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+8.1 In the case of downloading a version of the TS3 Client and TS5 |
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+Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy |
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+Policy shall apply mutatis mutandis. TeamSpeak USA does not collect, |
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+store or process any additional personal data from you during download. |
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+ |
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+8.2 If you download a version of the TS3 Client and TS5 Clients for |
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+mobile devices, you will be directed to the Apple AppStore (for the iOS |
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+version) or the Android Market (for the Android version) of a third |
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+party website. |
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+ |
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+8.2.1 For the collection, storage and processing of personal data by |
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+TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy |
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+shall apply mutatis mutandis. During the download, TeamSpeak USA does |
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+not collect, store or use any additional personal information about you. |
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+ |
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+8.2.2 The third party provider collects, stores and uses personal data |
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+from you. Please refer to the third-party provider's website for |
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+information about the collection, storage and use of personal data by |
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+the third party, as TeamSpeak USA has no control over such collection, |
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+storage and use. |
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+ |
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+ |
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+9. Data collection, storage and processing when using the TS3 client |
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+ and TS5 client (PC/Mac) |
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+ |
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+9.1 TeamSpeak USA collects, stores and processes the following personal |
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+data from you when using the TS3 Client and TS5 Client for the PC/Mac: |
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+ |
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+ * IP address |
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+ * Information on the operating system used (32 bit or 64 bit) |
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+ * User behaviour (in particular buttons and menu items pressed) |
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+ * Crash Report, if you send such a report to TeamSpeak USA (program |
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+ lines, disruptive incident, essential data of the hardware used) |
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+ |
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+9.2 TeamSpeak USA uses this data solely for quality control purposes and |
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+for the further development of the software solutions as well as the TS3 |
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+client and the TS5 client. The data referred to in Section 9.1 of this |
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+Privacy Policy will not be linked or otherwise associated with any other |
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+data stored about you. The data will be anonymised for further |
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+processing immediately after collection. |
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+ |
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+9.3 If you do not consent to the collection, storage and processing of |
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+the data referred to in Section 9.1 of this Privacy Policy, you can |
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+exclude this in the field marked "Anonymous Statistics". To access this |
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+field, follow the menu items "Settings", "Options" and then "Applications". |
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+ |
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+9.4 You may at any time object to the collection, storage and processing |
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+of the data referred to in Section 9.1 at any time. Please send your |
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+objection by e-mail to privacy@×××××××××.com or object by e-mail, |
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+telephone, post or fax using the information provided in the imprint of |
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+the web pages operated by TeamSpeak USA. All data that can be traced |
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+back to you personally will be deleted immediately in the event of an |
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+objection. |
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+ |
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+9.5 The sending of a crash report in the event of a fault is voluntary |
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+and requires your separate consent to the collection, storage and |
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+processing of data, which is separately requested by you before the |
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+crash report is sent. In the event that a crash report is sent, sections |
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+9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis. |
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+ |
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+ |
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+10. Server rent |
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+ |
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+10.1 TeamSpeak USA exclusively arranges the rental of server space from |
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+third-party providers. |
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+ |
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+10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection |
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+declaration shall apply accordingly. TeamSpeak USA itself does not |
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+collect, store or process any additional personal data about you when |
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+arranging the server rental. |
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+ |
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+10.3 TeamSpeak has no influence on the collection, storage and |
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+processing of personal data by the third party provider. Therefore, |
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+please inform yourself about the collection, storage and processing of |
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+personal data by the third party provider. |
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+ |
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+ |
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+11. Use of the forum |
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+ |
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+11.1 The TeamSpeak Forum can be read without requiring registration. In |
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+this case, the use of the websites operated by TeamSpeak USA is for |
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+informational purposes only (see section 6 of this Privacy Policy). |
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+ |
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+11.2 In order to actively participate in the forum, you must register |
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+and create a forum account. When you register, you must enter a user |
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+name, password, date of birth and e-mail address. There is no obligation |
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+to use a clear name, use under a pseudonymous user name is possible. |
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+ |
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+11.3 TeamSpeak USA uses the so-called double opt-in procedure for |
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+registration, i.e. your registration is not completed until you have |
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+previously confirmed your registration by clicking on the link contained |
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+in an e-mail sent to you for this purpose. If your confirmation is not |
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+received in time, your registration will automatically be deleted from |
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+the database. |
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+ |
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+11.4 The information you provide during registration will be stored by |
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+TeamSpeak USA and linked to the content you publish, which will also be |
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+stored by TeamSpeak USA. This data will only be used to operate the |
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+forum and to process the contract concluded with you regarding the use |
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+of the forum. |
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+ |
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+11.5 TeamSpeak USA may at any time ask you to have your forum account |
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+deleted by TeamSpeak USA by sending an e-mail to privacy@×××××××××.com |
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+or by providing the information specified in Teamsspeak.com's imprint. |
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+In this case, the personal data stored on your forum account will be |
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+deleted immediately as soon as they are no longer required for |
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+processing the contractual relationship regarding the use of the forum |
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+and TeamSpeak USA is not legally obliged to store them. Posts published |
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+by you will be displayed anonymously after successful deletion of your |
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+forum account under the "Guest" flag. |
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+ |
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+ |
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+12. Uploading and downloading add-ons |
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+ |
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+12.1 Uploading Add Ons requires registration for a customer account as a |
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+Developer (hereinafter referred to as "Developer Account"). |
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+ |
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+12.1.1 During the registration process, email address, name and |
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+telephone number shall be provided and transmitted to TeamSpeak USA. |
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+ |
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+12.1.2 The data provided by you during the registration process will be |
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+stored subject to immediate deletion by TeamSpeak USA in response to |
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+your request for deletion at any time. |
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+ |
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+12.1.3 The data provided during the registration process will be used |
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+for the performance of the contract by both parties and to enforce any |
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+claims against you (in particular if the add-ons uploaded by you violate |
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+applicable law or the General Terms and Conditions). |
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+ |
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+12.1.4 TeamSpeak USA will also use the information provided during the |
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+registration process for marketing and promotional purposes regarding |
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+TeamSpeak's services. However, without your specific consent, TeamSpeak |
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+USA will only send you information about services that are similar to |
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+the services you are receiving for this purpose. |
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+ |
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+12.1.5 You have the right at any time to have your Developer Account |
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+deleted by sending a request to that effect to the e-mail address |
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+privacy@×××××××××.com or the data specified in the imprint of the |
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+websites operated by TeamSpeak USA. In the event that your Developer |
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+Account is deleted upon your request, your data will be deleted |
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+immediately as soon as it is no longer required for mutual contract |
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+fulfillment and TeamSpeak USA is not legally obliged to store it. |
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+ |
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+12.2 Registration is not required for the purpose of downloading Add |
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+Ons. Clauses 5 and 6 of this data protection declaration shall apply |
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+mutatis mutandis. |
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+ |
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+ |
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+13. Use of the online inquiry; order by e-mail, fax or telephone |
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+ |
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+13.1 You also have the opportunity to contact TeamSpeak USA online |
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+through your customer account and by telephone and email. |
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+ |
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+13.2 The data you send or provide will be used to respond to your |
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+inquiry and to contact you by telephone or e-mail and, where |
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+appropriate, for the performance of the contract by both parties. If |
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+your data is also used for the purpose of mutual contract fulfilment, |
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+clauses 5 and 6 of this data protection declaration apply accordingly. |
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+ |
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+ |
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+14. Social networks and third-party services |
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+ |
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+14.1 TeamSpeak USA uses social media plug-ins from the social networks |
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+Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the |
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+websites operated by TeamSpeak USA. |
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+ |
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+14.2 Without you clicking on the button of a plug-in, no personal data |
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+will be transmitted to the providers of these plug-ins, regardless of |
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+whether you place an order or not. |
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+ |
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+14.3 If you press the button of a plug-in, personal data is |
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+automatically transmitted to the provider of the plug-in and can be |
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+stored and used by the latter. Please note that this can take place |
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+abroad, i.e. in particular in the United States of America. |
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+ |
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+14.4 TeamSpeak has no complete knowledge of the type and scope of data |
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+collection and its use and processing and cannot influence these. |
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+ |
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+14.5 If you activate a Plug-In, the Plug-In Provider will be notified |
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+that you have activated the Plug-In Provider on the relevant TeamSpeak |
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+USA web page or subpage of the relevant TeamSpeak USA web page. In |
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+addition, the information specified in section 6 of this Privacy Policy |
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+will be transmitted to the plug-in provider. According to the plug-in |
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+provider's own information, in the case of Facebook in Germany only an |
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+anonymous IP address is collected and transmitted. |
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+ |
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+14.5.1 The data collection and transmission referred to in Section 14.5 |
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+of this Privacy Policy shall take place regardless of whether you have a |
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+user account with the respective plug-in provider or not. If you have a |
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+user account with the respective plug-in provider and you are logged in |
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+to this user account at the time you click on the respective plug-in, |
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+the data transmitted to the respective plug-in provider will be assigned |
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+directly to your user account. If you confirm the activated plug-in and, |
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+for example, link the page, the plug-in provider also stores this |
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+information in your user account and can also publicly communicate this |
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+to your contacts. To prevent assignment to your user account with the |
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+respective plug-in provider, you should log out of your user account |
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+with the respective plug-in provider before clicking on the plug-in on |
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+the websites operated by TeamSpeak USA. |
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+ |
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+14.5.2 The respective plug-in provider stores the data transmitted to |
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+it, regardless of whether you are also logged in to your user account |
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+with the respective plug-in provider, usually as user profiles which are |
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+used, for example, for the following purposes: |
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+ |
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+ * Demand-oriented advertising |
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+ * market research |
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+ * Optimisation of the Plug-In provider's Internet pages according to |
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+ requirements |
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+ * Inform other members of the social network about your activities on |
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+ the websites operated by TeamSpeak USA. |
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+ |
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+14.6 You are entitled to object to the creation of user profiles with |
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+the data collected about you. To do this, contact the respective plug-in |
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+provider. TeamSpeak has no control over, and is not responsible for, |
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+compliance with your objection. |
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+ |
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+14.7 Further information on this and your rights in this regard can be |
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+found in the data protection declarations of the plug-in providers as |
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+the responsible bodies, which you can access as follows: |
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+ |
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+14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304 |
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+USA – https://www.facebook.com/policy.php |
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+<https://www.facebook.com/policy.php> |
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+ |
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+14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View, |
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+California 94103 USA – https://www.google.com/policies/privacy/partners |
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+<https://www.google.com/policies/privacy/partners/> |
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+ |
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+14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco, |
446 |
+California 94103 USA – https://twitter.com/privacy |
447 |
+<https://twitter.com/privacy> |
448 |
+ |
449 |
+14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno, |
450 |
+CA 94066 USA – https://policies.google.com/privacy |
451 |
+<https://policies.google.com/privacy> |
452 |
+ |
453 |
+14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2^nd Floor, |
454 |
+San Francisco, CA 94104 USA – |
455 |
+https://www.twitch.tv/p/legal/privacy-notice/ |
456 |
+<https://www.twitch.tv/p/legal/privacy-notice/> |
457 |
+ |
458 |
+14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025 |
459 |
+USA – https://help.instagram.com/155833707900388 |
460 |
+<https://help.instagram.com/155833707900388> |
461 |
+ |
462 |
+ |
463 |
+15. Data transfer to third parties |
464 |
+ |
465 |
+15.1 TeamSpeak may disclose your personal data to third parties if |
466 |
+contractually agreed services and terms are offered jointly with the |
467 |
+third party provider or include the third party provider's services. In |
468 |
+this case, TeamSpeak will inform you of the transfer of the data to the |
469 |
+third party during the ordering process. |
470 |
+ |
471 |
+15.2 TeamSpeak shall also process the data via external service providers. |
472 |
+ |
473 |
+15.2.1 These external service providers shall be carefully selected by |
474 |
+TeamSpeak and commissioned in writing. The external service providers |
475 |
+involved in data processing are bound by TeamSpeak's instructions and |
476 |
+are regularly checked for compliance with data protection and data security. |
477 |
+ |
478 |
+15.2.2 The external service providers are not entitled to pass on the |
479 |
+data to third parties. |
480 |
+ |
481 |
+15.3 TeamSpeak will only process your personal data if permitted by law. |
482 |
+In most cases we will process your personal data: |
483 |
+ |
484 |
+ * With your consent, and please note that you have the right to |
485 |
+ withdraw your consent at any time by contacting us. |
486 |
+ * Where TeamSpeak has a contract to fulfill that we enter into or have |
487 |
+ already entered into with you. |
488 |
+ * Where it is necessary that the legitimate interests of TeamSpeak (or |
489 |
+ those of a third party) and your interests and fundamental rights do |
490 |
+ not override those interests. |
491 |
+ * Where TeamSpeak must meet a legal or regulatory obligation. |
492 |
+ |
493 |
+The table below shows how TeamSpeak processes your personal data. Please |
494 |
+contact TeamSpeak USA for more information on the specific processing |
495 |
+requirements. |
496 |
+ |
497 |
+Below is a breakdown by activity of how TeamSpeak processes your data: |
498 |
+ |
499 |
+*Ordering a product or service* |
500 |
+ |
501 |
+To process or deliver a product or service that you have ordered from |
502 |
+TeamSpeak USA, including: |
503 |
+ |
504 |
+ * Online orders or orders on one of our websites |
505 |
+ * When we refund a payment |
506 |
+ * To manage payment and fees |
507 |
+ * To collect money owed to us |
508 |
+ * Any other contractual agreement that we agree to enter into with you. |
509 |
+ |
510 |
+*Personal data* |
511 |
+ |
512 |
+ * identity data |
513 |
+ * contact details |
514 |
+ * Financial data |
515 |
+ * transactional data |
516 |
+ |
517 |
+*Basis for processing* |
518 |
+ |
519 |
+ * performance of a contract with you |
520 |
+ * Necessary for the legitimate interests of TeamSpeak USA to obtain |
521 |
+ funds owed to TeamSpeak USA. |
522 |
+ |
523 |
+*Register with TeamSpeak USA* |
524 |
+ |
525 |
+To process your registration at TeamSpeak USA including: |
526 |
+ |
527 |
+ * Receive news, offers, promotions and updates |
528 |
+ * to receive a voucher |
529 |
+ * fully use our apps including myTeamSpeak |
530 |
+ * if you register otherwise than as one of our customers. |
531 |
+ |
532 |
+*Personal data* |
533 |
+ |
534 |
+ * identity data |
535 |
+ * contact details |
536 |
+ * profile data |
537 |
+ |
538 |
+*Basis for processing* |
539 |
+ |
540 |
+ * Fulfilment of a contract with you |
541 |
+ |
542 |
+*Direct marketing* |
543 |
+ |
544 |
+To tailor direct marketing to you and to send you direct marketing |
545 |
+communications including via : |
546 |
+ |
547 |
+ * enamel |
548 |
+ * TEXT MESSAGE |
549 |
+ * push notifications |
550 |
+ |
551 |
+*Personal data* |
552 |
+ |
553 |
+ * identity data |
554 |
+ * contact details |
555 |
+ * Technical data |
556 |
+ * transactional data |
557 |
+ * consumption data |
558 |
+ * profile data |
559 |
+ * Marketing and communication data |
560 |
+ |
561 |
+*Basis for processing* |
562 |
+ |
563 |
+ * With regard to tailoring direct marketing, necessary for the |
564 |
+ legitimate interests of TeamSpeak USA, which are to develop its |
565 |
+ business and inform its marketing strategy |
566 |
+ * With respect to sending direct marketing where you are a customer |
567 |
+ and you have not previously opted out of receiving such direct |
568 |
+ marketing as necessary for the legitimate interests of TeamSpeak |
569 |
+ USA, which is to provide you with relevant products and services in |
570 |
+ relation to what we have previously provided to you. |
571 |
+ * With respect to sending direct marketing where you are not a |
572 |
+ TeamSpeak USA customer, your consent is given when you sign up for |
573 |
+ our mobile app, provide your details on our website or otherwise, |
574 |
+ and you give your consent. |
575 |
+ |
576 |
+*Raffles, contests and/or surveys* |
577 |
+ |
578 |
+Give you the opportunity to participate in sweepstakes, contests or surveys. |
579 |
+ |
580 |
+*Personal data* |
581 |
+ |
582 |
+ * identity data |
583 |
+ * contact details |
584 |
+ * consumption data |
585 |
+ * profile data |
586 |
+ * Marketing and communication data |
587 |
+ |
588 |
+*Basis for processing* |
589 |
+ |
590 |
+ * Fulfilment of a contract with you |
591 |
+ * Necessary for TeamSpeak's legitimate interests, which are to |
592 |
+ investigate how customers use our products and services, to develop |
593 |
+ them, and to expand our business. |
594 |
+ |
595 |
+*General Information* |
596 |
+ |
597 |
+TeamSpeak's customers to understand, aggregate general information from |
598 |
+various sources to create a profile of you; this may include: |
599 |
+ |
600 |
+ * Understand your habits, where you are from time to time, your |
601 |
+ personal circumstances and those of your family or household, and |
602 |
+ the things you may like, dislike and interest you. |
603 |
+ * how you interact with us, such as subscribing to news, offers, |
604 |
+ promotions and updates, completing surveys, participating in |
605 |
+ contests, browsing mobile apps, websites, evaluating interaction - |
606 |
+ such as through likes and comments - with our social media accounts |
607 |
+ and our products and services in public forums. |
608 |
+ * Create aggregated data |
609 |
+ |
610 |
+*Personal data* |
611 |
+ |
612 |
+ * identity data |
613 |
+ * contact details |
614 |
+ * Technical data |
615 |
+ * transactional data |
616 |
+ * consumption data |
617 |
+ * profile data |
618 |
+ * Marketing and communication data |
619 |
+ |
620 |
+*Basis for processing* |
621 |
+ |
622 |
+ * Necessary for TeamSpeak's legitimate interests, which are to develop |
623 |
+ our business, products, services, content and advertising campaigns |
624 |
+ to make them relevant to you and to track the effectiveness of our |
625 |
+ advertising campaigns |
626 |
+ |
627 |
+*Notifications* |
628 |
+ |
629 |
+TeamSpeak's relationship with you, which includes the following: |
630 |
+ |
631 |
+ * Notify you of changes to our privacy policy |
632 |
+ * Notify you of operational changes to TeamSpeak products, services, |
633 |
+ websites and mobile apps, such as when TeamSpeak would withdraw one |
634 |
+ of its apps. |
635 |
+ * Get feedback from you from time to time about TeamSpeak brands, |
636 |
+ websites, mobile apps and other services and activities. |
637 |
+ * Respond to your questions, suggestions, problems or complaints, |
638 |
+ respond to them and deal with them, and report and analyse them. |
639 |
+ * Respond to any social media reviews, postings or other public |
640 |
+ comments you make about TeamSpeak, its trademarks, websites, mobile |
641 |
+ apps, services, or other activities |
642 |
+ |
643 |
+*Personal data* |
644 |
+ |
645 |
+ * identity data |
646 |
+ * contact details |
647 |
+ * profile data |
648 |
+ * Marketing and communication data |
649 |
+ * Sensitive data (only as required for dealing with feedback and |
650 |
+ complaints on specific topics) |
651 |
+ * Data from children (only as necessary for dealing with feedback and |
652 |
+ complaints on specific topics) |
653 |
+ |
654 |
+*Basis for processing* |
655 |
+ |
656 |
+ * Fulfilment of a contract with you |
657 |
+ * Necessary to comply with a legal obligation |
658 |
+ * Necessary for TeamSpeak's legitimate interests (to keep records up |
659 |
+ to date and to investigate how customers use products/services) |
660 |
+ |
661 |
+*Management and protection * |
662 |
+ |
663 |
+Manage and protect TeamSpeak's business and website, and ensure the safe |
664 |
+and secure use of products and services, including: |
665 |
+ |
666 |
+ * the process of anonymizing your data so that you are no longer |
667 |
+ identifiable to us and we no longer need your data in an |
668 |
+ identifiable form |
669 |
+ * Provide secure access to TeamSpeak USA operated websites, mobile |
670 |
+ apps and WLAN networks. |
671 |
+ * Optimizing the user's security measures and services, such as |
672 |
+ recognition of your usernames and passwords, and resetting functions |
673 |
+ * Monitor security measures around TeamSpeak USA's web sites, mobile |
674 |
+ apps, and WLAN networks to ensure that they are not abused or |
675 |
+ threatened. |
676 |
+ * Protect you and our business from potential criminal behavior such |
677 |
+ as fraud. |
678 |
+ * problem management, data analysis, testing, system maintenance, |
679 |
+ support, transmission and hosting of data |
680 |
+ |
681 |
+*Personal data* |
682 |
+ |
683 |
+ * identity data |
684 |
+ * contact details |
685 |
+ * Technical data |
686 |
+ * consumption data |
687 |
+ * profile data |
688 |
+ * Marketing and communication data |
689 |
+ |
690 |
+*Basis for processing* |
691 |
+ |
692 |
+ * Fulfilment of a contract with you |
693 |
+ * Necessary for TeamSpeak's legitimate interests, which are to run its |
694 |
+ business, ensure network security and prevent potential criminal |
695 |
+ behavior |
696 |
+ * Necessary to comply with a legal obligation |
697 |
+ |
698 |
+*provision of information* |
699 |
+ |
700 |
+Provide information to entities and regulators where TeamSpeak is |
701 |
+required to do so by law or regulation. |
702 |
+ |
703 |
+*Personal data* |
704 |
+ |
705 |
+ * identity data |
706 |
+ * contact details |
707 |
+ * Technical data |
708 |
+ * transactional data |
709 |
+ * consumption data |
710 |
+ * profile data |
711 |
+ * Marketing and communication data |
712 |
+ * Sensitive data |
713 |
+ * Data from children |
714 |
+ |
715 |
+*Basis for processing* |
716 |
+ |
717 |
+ * Necessary to comply with a legal obligation. |
718 |
+ |
719 |
+15.4 How TeamSpeak shares your personal information |
720 |
+ |
721 |
+TeamSpeak cannot run its business or get many of the services and |
722 |
+benefits you expect provided without involving other people and |
723 |
+businesses. TeamSpeak will share your information only in accordance |
724 |
+with the laws applicable to us and for the purposes set out herein. |
725 |
+ |
726 |
+From time to time, TeamSpeak processes personal information about you in |
727 |
+an automated manner to evaluate specific personal aspects about you. |
728 |
+This includes the ability to analyze your interests and make predictions |
729 |
+about how you are likely to interact with TeamSpeak. This is commonly |
730 |
+referred to as profiling, so TeamSpeak can offer you a more personalized |
731 |
+customer experience. This is based on our impression of how you deal |
732 |
+with TeamSpeak. |
733 |
+ |
734 |
+The personal data about you that we process for profiling purposes |
735 |
+includes your identity data, your contact data and your profile data. We |
736 |
+do not process any personal data about you for profiling purposes that |
737 |
+consist of personal data of the special category. We process your |
738 |
+personal data for profiling purposes for our legitimate interests, as |
739 |
+explained below. If you would like to know more about what kind of |
740 |
+profiling we do and what profiling means for you, please contact us and |
741 |
+we will be happy to give you a detailed answer. You also have the right |
742 |
+to object to our processing your personal data for profiling purposes |
743 |
+and to learn more about your right to object. |
744 |
+ |
745 |
+TeamSpeak shares your personal information: |
746 |
+ |
747 |
+ * All *TeamSpeak companies*, including new companies, brands or |
748 |
+ outlets that we may acquire in the future (which act as controllers |
749 |
+ or contract data processors) and that provide information |
750 |
+ technology, human resources and systems administration services, and |
751 |
+ that you may have agreed to provide you with marketing communications. |
752 |
+ * *Service providers* (who primarily act as processors, sometimes as |
753 |
+ controllers) who assist TeamSpeak in providing you with our |
754 |
+ websites, mobile apps, wireless networks, and related services; for |
755 |
+ example, information technology companies that design and host |
756 |
+ TeamSpeak USA websites, payment service providers that enable you to |
757 |
+ use credit or payment cards at TeamSpeak, and data wallpaper |
758 |
+ specialists. |
759 |
+ * *Related third parties* (acting as contract data processors and |
760 |
+ controllers) who provide services to TeamSpeak, such as market |
761 |
+ research, voucher provision and withdrawal, marketing background |
762 |
+ services, and data analysis services. |
763 |
+ * *Reward companies *(which act as controllers) that you have joined |
764 |
+ to receive the rewards and benefits offered to you. |
765 |
+ * Any new *business partners* (who act as controllers or contract data |
766 |
+ processors) that TeamSpeak may have over time; for example, if |
767 |
+ TeamSpeak enters into a partnership with another company, |
768 |
+ reorganizes, merges, or sells a portion of our business, the other |
769 |
+ party may receive some or all of your information. |
770 |
+ * Our *professional consultants* (who act as controllers or order data |
771 |
+ processors); for example, our attorneys, insurance companies and |
772 |
+ insurance brokers, if they need them to advise TeamSpeak or assist |
773 |
+ TeamSpeak in taking out insurance. |
774 |
+ * The police, health and safety authorities, local authorities, the |
775 |
+ appropriate tax authorities in your country, the courts, and any |
776 |
+ other central or local government authorities (acting as controllers |
777 |
+ or contract data processors) where TeamSpeak is required to do so in |
778 |
+ order to comply with its legal obligations, or when requested to do |
779 |
+ so and TeamSpeak is permitted to disclose it lawfully, for example, |
780 |
+ to prevent and detect criminal offences or to report serious health |
781 |
+ and safety incidents. |
782 |
+ * TeamSpeak may also share the information collected with other third |
783 |
+ parties where TeamSpeak is required to do so by law, for example to |
784 |
+ comply with a court order. |
785 |
+ |
786 |
+ |
787 |
+16. Google Analytics |
788 |
+ |
789 |
+16.1 TeamSpeak USA uses Google Analytics on the websites operated by |
790 |
+TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics |
791 |
+service provided by Google Inc., 1600 Amphitheater Parkway, |
792 |
+Mountainview, California 94103 USA (hereinafter referred to as |
793 |
+"Google"). Google Analytics uses cookies which are stored on your |
794 |
+computer and enable an analysis of your user behaviour. The information |
795 |
+generated by the cookies is also stored by Google abroad, in particular |
796 |
+on a Google server in the United States of America. |
797 |
+ |
798 |
+16.2 The websites operated by TeamSpeak USA use Google Analytics with |
799 |
+the extension "_anonymizeIP()", i.e. the anonymization function of |
800 |
+Google Analytics. As a result, your IP address will generally be |
801 |
+truncated by Google in a European Economic Area country prior to |
802 |
+transmission to the United States of America. |
803 |
+ |
804 |
+16.3 The IP address transmitted by your browser as part of the use of |
805 |
+Google Analytics is not merged with other data that Google collects |
806 |
+about you. |
807 |
+ |
808 |
+16.4 You can exclude the storage of cookies used by Google Analytics by |
809 |
+excluding the use of cookies in your browser settings. In this case, |
810 |
+however, you will not be able to use other features of the websites |
811 |
+operated by TeamSpeak USA. |
812 |
+ |
813 |
+16.5 You also have the option of opting out of the collection and |
814 |
+processing of your personal data by Google by installing the browser |
815 |
+plug-in available at the following link: |
816 |
+http://tools.google.com/dlpage/gaoptout |
817 |
+ |
818 |
+16.6 The use of Google Analytics takes place in accordance with the |
819 |
+requirements on which the German data protection authorities have agreed |
820 |
+with Google. |
821 |
+ |
822 |
+16.7 You can view an overview of Google Analytics' privacy policy at |
823 |
+this link: |
824 |
+https://support.google.com/analytics/answer/6004245 |
825 |
+<https://support.google.com/analytics/answer/6004245> |
826 |
+ |
827 |
+16.8 The data collected by Google Analytics on the TS5 client is |
828 |
+processed anonymously. Similar to the procedure described in Section |
829 |
+16.2, the TS5 client will generally have your IP address truncated by |
830 |
+Google in a European Economic Area country prior to transmission to the |
831 |
+United States of America. |
832 |
+ |
833 |
+ |
834 |
+17. Data security |
835 |
+ |
836 |
+17.1 TeamSpeak takes current technical measures to ensure data security |
837 |
+and thus in particular to protect your personal data from the dangers of |
838 |
+data transmission and the gaining of knowledge by third parties. |
839 |
+TeamSpeak regularly adapts these measures to the current state of the art. |
840 |
+ |
841 |
+17.2 TeamSpeak USA will provide you with information about data security |
842 |
+at all times. Please direct your inquiry to privacy@×××××××××.com or to |
843 |
+the data specified in the imprint of the websites operated by TeamSpeak USA. |
844 |
+ |
845 |
+ |
846 |
+18. Privacy shield regulations |
847 |
+ |
848 |
+18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and |
849 |
+fully complies with the principles of the Privacy Shield, including its |
850 |
+ancillary principles, when transferring data from European Economic Area |
851 |
+countries to the United States. To learn more about the Privacy Shield |
852 |
+program, visit www.privacyshield.gov, <http://www.privacyshield.gov/> |
853 |
+and to verify our certification, visit www.privacyshield.gov/list. |
854 |
+However, if there is a conflict between the Privacy Shield Principles |
855 |
+and the Data Transfer Principles below, the Privacy Shield Principles |
856 |
+will always prevail. |
857 |
+ |
858 |
+18.2 Types of personal data, purpose of collection and competent authority |
859 |
+ |
860 |
+TeamSpeak USA collects and uses information in various ways. TeamSpeak |
861 |
+USA only collects the data transmitted by your browser for purely |
862 |
+informational use of the website. For more detailed information, please |
863 |
+refer to section 6 of this Privacy Policy. TeamSpeak USA also collects |
864 |
+data when you purchase licenses for software solutions from TeamSpeak |
865 |
+USA. Further information can be found in section 7 of this data |
866 |
+protection declaration. When cookies are used, they are stored on your |
867 |
+computer. You will find more details on this under section 5 of this |
868 |
+data protection declaration. Data is also collected, stored and |
869 |
+processed when the TS3 Client and TS5 Client are downloaded. The same |
870 |
+applies when using the TS3 Client and TS5 Client. For more information, |
871 |
+please refer to section 9 of this Privacy Policy. |
872 |
+ |
873 |
+TeamSpeak USA will only use personal information in a manner consistent |
874 |
+with the purposes for which it was collected or authorized by you. |
875 |
+ |
876 |
+TeamSpeak USA is subject to the US Department of Commerce International |
877 |
+Trade Administration. |
878 |
+ |
879 |
+18.3 Data transmission to third parties |
880 |
+ |
881 |
+If we disclose personal information to third parties acting as agents of |
882 |
+TeamSpeak USA, we will ensure that such third parties are also certified |
883 |
+for the EU-U.S. Privacy Shield or have a resolution of appropriateness |
884 |
+issued by the EU Commission, or that there are written agreements |
885 |
+between us and the third party that at least meet Privacy Shield's |
886 |
+privacy standards. To whom we disclose your personal information and for |
887 |
+what purpose, please refer to the disclosures in this privacy statement |
888 |
+regarding the specific use of TeamSpeak USA's information. |
889 |
+ |
890 |
+Under certain circumstances, TeamSpeak USA may be liable for the |
891 |
+disclosure of personal data of individuals from the European Economic |
892 |
+Area if the third party has processed personal data in a manner |
893 |
+inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA |
894 |
+proves that it is not responsible for the event giving rise to the damage. |
895 |
+ |
896 |
+We may need to disclose personal information in response to lawful |
897 |
+requests from government authorities, for law enforcement or national |
898 |
+security reasons, if necessary to comply with a court order, or if |
899 |
+otherwise required by law. |
900 |
+ |
901 |
+18.4 Data security |
902 |
+ |
903 |
+TeamSpeak USA uses technical, electronic and administrative procedures |
904 |
+to ensure the confidentiality of your personal information, including |
905 |
+Secure Sockets Layer ("SSL") for all financial transactions. We use SSL |
906 |
+encryption to protect your personal information online. We also take |
907 |
+several steps to protect your personal information at our facilities. |
908 |
+Access to your personal data is restricted. Only employees who need |
909 |
+access to your personal information in order to perform certain tasks |
910 |
+will have access to your personal information. Finally, for the |
911 |
+technical security of some of our computer hardware, we rely on the |
912 |
+services of third parties. We believe that their security measures are |
913 |
+appropriate. For example, when you visit teamspeak.com, you access a |
914 |
+server behind closed doors and an electronic firewall. Although we take |
915 |
+industry-standard precautions to protect your personal information, we |
916 |
+cannot guarantee complete security. 100% complete security is currently |
917 |
+available neither online nor offline. TeamSpeak USA takes current |
918 |
+technical measures to ensure data security and in particular to protect |
919 |
+your personal data from the dangers of data transmission and the |
920 |
+knowledge gained by third parties. TeamSpeak USA also regularly adapts |
921 |
+these measures to the state of the art. TeamSpeak USA keeps you informed |
922 |
+about data security in your organization at all times. Please send your |
923 |
+request to privacy@×××××××××.com <mailto:privacy@×××××××××.com> or use |
924 |
+the contact details given in the teamspeak.com imprint. |
925 |
+ |
926 |
+18.5 Choice, access and corrections |
927 |
+ |
928 |
+TeamSpeak USA provides individuals in the European Economic Area whose |
929 |
+personal information has been submitted to us with the opportunity to |
930 |
+choose whether the personal information you provide will be used for a |
931 |
+purpose other than that for which it was originally collected. You may |
932 |
+also opt out of the use of your personal information by contacting us at |
933 |
+the contact details below. TeamSpeak USA will not use your personal |
934 |
+information for any purpose other than that for which it was originally |
935 |
+collected or subsequently authorized by you, unless we have received |
936 |
+your express consent. |
937 |
+ |
938 |
+TeamSpeak USA also provides you with reasonable access to personal |
939 |
+information obtained in accordance with the Privacy Shield Principles. |
940 |
+ |
941 |
+Upon request, we will also correct or update your personal information, |
942 |
+stop sending emails to your email address, or deactivate your account to |
943 |
+prevent future purchases through that account. |
944 |
+ |
945 |
+You can send these requests by e-mail to privacy@×××××××××.com, by fax + |
946 |
+1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send |
947 |
+your credit card number or other sensitive information by e-mail. |
948 |
+ |
949 |
+18.6 Offline Collection, Use and Disclosure of Information |
950 |
+ |
951 |
+Information may also be collected offline, and attempts may be made to |
952 |
+protect your personal information. For example, when you call, we only |
953 |
+ask for the personal information we need to process the order or answer |
954 |
+the question. When we need to store information, we enter it into our |
955 |
+database using SSL encryption. Faxes are another example. If you fax us |
956 |
+something, we respond to the fax and either store it in a locked room or |
957 |
+we destroy the fax if the information does not need to be kept. It |
958 |
+should be noted that we try to comply with the standards for data |
959 |
+obtained online for data obtained offline. |
960 |
+ |
961 |
+18.7 Enforcement of Privacy Shield Principles |
962 |
+ |
963 |
+TeamSpeak USA implements compliance measures to ensure compliance with |
964 |
+the Privacy Shields. Any employee found by TeamSpeak USA to be in |
965 |
+violation of these guidelines will be subject to disciplinary action. |
966 |
+ |
967 |
+18.8 Settlement of disputes |
968 |
+ |
969 |
+In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is |
970 |
+committed to resolving complaints about your privacy and our collection |
971 |
+or use of your personal information. Persons from a European Economic |
972 |
+Area country should first contact TeamSpeak USA at the above address |
973 |
+with inquiries or complaints regarding Privacy Shield provisions. |
974 |
+TeamSpeak USA will investigate and attempt to resolve your complaints |
975 |
+based on the principles set forth in the Privacy Shield Policy. |
976 |
+TeamSpeak USA is required to investigate the complaint within 45 days. |
977 |
+TeamSpeak USA has also committed to submit unresolved privacy complaints |
978 |
+under the Privacy Shield provisions to the independent enforcement |
979 |
+mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the |
980 |
+Council's Better Business Bureau. If it does not acknowledge your |
981 |
+complaint in a timely manner or your complaint is not satisfactorily |
982 |
+addressed, please visit |
983 |
+http://www.bbb.org/EU-privacy-shield/for-eu-consumers |
984 |
+<http://www.bbb.org/EU-privacy-shield/for-eu-consumers> for more |
985 |
+information and to file a complaint. Under certain limited |
986 |
+circumstances, an individual may also be able to invoke binding |
987 |
+arbitration under Annex I of the Privacy Shield Principles to resolve an |
988 |
+otherwise unresolved complaint. |
989 |
+ |
990 |
+ |
991 |
+19. Data protection officer |
992 |
+ |
993 |
+TeamSpeak has appointed an external privacy officer. |
994 |
+ |
995 |
+Lawyer Stephan Hendel |
996 |
+ |
997 |
+Bajuwarenstr. 2e |
998 |
+ |
999 |
+93053 Regensburg, Germany |
1000 |
+ |
1001 |
+Germany (German) |
1002 |
+ |
1003 |
+Should you have any concerns or questions about the data you have |
1004 |
+processed, you can also contact our data protection officer directly. |
1005 |
+Further contact details can be found at https://www.gabler-hendel.de |
1006 |
+<https://www.gabler-hendel.de/> . |
1007 |
+ |
1008 |
+ |
1009 |
+*20. Changes to this privacy policy* |
1010 |
+ |
1011 |
+We always keep this privacy policy up to date. Therefore, we reserve the |
1012 |
+right to change them from time to time and to update changes in the |
1013 |
+collection, processing or use of your data. |
1014 |
+ |
1015 |
+*Last updated:* *October 1, 2019* |
1016 |
+ |
1017 |
+ |
1018 |
+ |
1019 |
+Terms and Conditions and Customer Information |
1020 |
+ |
1021 |
+ |
1022 |
+*TeamSpeak Systems, Inc.* |
1023 |
+ |
1024 |
+ |
1025 |
+ |
1026 |
+I. General terms and conditions |
1027 |
+ |
1028 |
+ |
1029 |
+1. Scope of application |
1030 |
+ |
1031 |
+1.1 These General Terms and Conditions (hereinafter referred to as |
1032 |
+"GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box |
1033 |
+211180, Chula Vista, CA, 91921 USA (hereinafter referred to as |
1034 |
+"TeamSpeak") and customers via the websites provided by TeamSpeak under |
1035 |
+the domains www.teamspeak.com, www.teamspeakusa.com and |
1036 |
+www.myteamspeak.com (hereinafter referred to collectively as |
1037 |
+"Teamspeak.com" and the latter as "Myteamspeak.com" and all three |
1038 |
+collectively referred to as "TeamSpeak Websites"). |
1039 |
+ |
1040 |
+1.2 These General Terms and Conditions shall also apply to all future |
1041 |
+services or offers to the customer, even if they are not separately |
1042 |
+agreed again. |
1043 |
+ |
1044 |
+1.3 TeamSpeak does not accept any deviating, additional or conflicting |
1045 |
+general terms and conditions of the customer, so that they are not |
1046 |
+included in the contract. This shall not apply if TeamSpeak has |
1047 |
+expressly agreed in writing to the inclusion of the customer's GTC in |
1048 |
+the respective individual case. |
1049 |
+ |
1050 |
+ |
1051 |
+2. Entrepreneur status |
1052 |
+ |
1053 |
+2.1 All paid offers by TeamSpeak are directed exclusively at |
1054 |
+entrepreneurs within the meaning of § 14 BGB who order and use the |
1055 |
+services of TeamSpeak within the scope of their independent, |
1056 |
+professional or commercial activity. |
1057 |
+ |
1058 |
+2.2 TeamSpeak shall check the customer's entrepreneurial status prior to |
1059 |
+the conclusion of the contract for paid services. The customer must |
1060 |
+provide TeamSpeak with any documents requested for this purpose, such as |
1061 |
+a business registration. |
1062 |
+ |
1063 |
+2.3 An entrepreneur is any natural or legal person or a partnership with |
1064 |
+legal capacity who, upon conclusion of a legal transaction, in this case |
1065 |
+the conclusion of a contract with TeamSpeak, acts in the exercise of its |
1066 |
+commercial or self-employed professional activity, § 14 BGB (German |
1067 |
+Civil Code). |
1068 |
+ |
1069 |
+2.4 A consumer is any natural person who concludes a legal transaction, |
1070 |
+in this case the conclusion of a contract with TeamSpeak, for purposes |
1071 |
+which can predominantly not be attributed to his commercial or |
1072 |
+self-employed professional activity, § 13 BGB. |
1073 |
+ |
1074 |
+2.5 Non-commercial grouping within the meaning of these GTC is any |
1075 |
+grouping of consumers or any legal entity whose business activity does |
1076 |
+not serve to generate profits, in particular legal entities pursuing a |
1077 |
+non-profit corporate purpose. |
1078 |
+ |
1079 |
+ |
1080 |
+3. Subject matter of the contract |
1081 |
+ |
1082 |
+3.1 TeamSpeak is the provider of the software solutions "TS3 Client", |
1083 |
+"TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile |
1084 |
+client applications for iOS and Android (hereinafter referred to as |
1085 |
+"Software Solutions"), which enable the customer to communicate via |
1086 |
+voice or text and to exchange files with third parties. |
1087 |
+ |
1088 |
+The "TS3 Client" and "TS 5 Client" software solutions denote the object |
1089 |
+code of the TeamSpeak Communication Software version 3 and 5 client |
1090 |
+provided to you by TeamSpeak, including any software enhancements, |
1091 |
+upgrades or updates you receive. |
1092 |
+ |
1093 |
+The TeamSpeak 3 SDK Software Solution means the object code of the |
1094 |
+TeamSpeak Version 3 Software Development Kit Software and the client and |
1095 |
+server provided to you by TeamSpeak, including any software |
1096 |
+enhancements, upgrades or updates you receive. |
1097 |
+ |
1098 |
+"Client" means the TeamSpeak software that connects to the TeamSpeak |
1099 |
+server software via the Internet. "Server" means the TeamSpeak software |
1100 |
+(whether 32-bit or 64-bit) which is installed on a computer and acts as |
1101 |
+a host. |
1102 |
+ |
1103 |
+3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the |
1104 |
+customer to communicate with third parties by sharing his TeamSpeak |
1105 |
+server address with them. The number of third parties to whom the |
1106 |
+communication channel can be made available depends on the scope of the |
1107 |
+customer's license. |
1108 |
+ |
1109 |
+3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for |
1110 |
+integrating the technical solution for voice transmission and other |
1111 |
+functions such as file transfer, chat function etc. into the Customer's |
1112 |
+own software solutions. |
1113 |
+ |
1114 |
+3.2 The software solutions are offered under the following license models: |
1115 |
+ |
1116 |
+3.2.1 "Unlicensed": Under the license model "Unlicensed" the software |
1117 |
+solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used |
1118 |
+free of charge. Use of the "TeamSpeak 2 - Server" software solution is |
1119 |
+limited to a maximum of two virtual servers with up to 1000 slots, use |
1120 |
+of the "TeamSpeak 3 Server" software solution is limited to one virtual |
1121 |
+server with up to 32 slots. The use is unlimited in terms of time. There |
1122 |
+is no feedback from the virtual server to TeamSpeak. The license model |
1123 |
+"Unlicensed" is only available to non-commercial groups and consumers. |
1124 |
+ |
1125 |
+3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3 |
1126 |
+Server" software solution can be used free of charge under the "NPL" |
1127 |
+license model. The use is limited to two virtual servers with up to 512 |
1128 |
+slots. The license period is 6 months. Sublicensing of slots and virtual |
1129 |
+servers to third parties is not permitted. The license model "NPL" is |
1130 |
+only available to non-commercial groups and consumers. |
1131 |
+ |
1132 |
+3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as |
1133 |
+"AAL"): Under the license model "AAL" the software solution "TeamSpeak 3 |
1134 |
+Server" can be used against payment. Depending on the licensing selected |
1135 |
+by the customer, the use is between a virtual server with up to 32 slots |
1136 |
+and up to 2 virtual servers with up to 1064 slots. The license period is |
1137 |
+one year. Sublicensing of slots and virtual servers to third parties is |
1138 |
+not permitted. |
1139 |
+ |
1140 |
+3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to |
1141 |
+as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server" |
1142 |
+software solution can be used for an unlimited fee and virtual servers |
1143 |
+and slots can be sublicensed to third parties. The license period is one |
1144 |
+year. |
1145 |
+ |
1146 |
+3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under |
1147 |
+the license model "SDK", the software solution "TeamSpeak 3 SDK" can be |
1148 |
+used against payment for integration into the user's own software |
1149 |
+solutions. TeamSpeak customizes and agrees the terms of the "SDK" |
1150 |
+license model to the individual needs of the user. |
1151 |
+ |
1152 |
+3.3 TeamSpeak also procures server space via Teamspeak.com which is |
1153 |
+offered by third parties. |
1154 |
+ |
1155 |
+3.4 The customer also has the possibility to download the Teamspeak |
1156 |
+Software Client via Teamspeak.com or the referring websites. The client |
1157 |
+is offered for the operating systems Windows, Linux and MacOS. |
1158 |
+Furthermore the customer has the possibility to download the client in a |
1159 |
+version for mobile devices for iOS or Android. |
1160 |
+ |
1161 |
+3.5 TeamSpeak operates a forum via myteamspeak.com which enables the |
1162 |
+customer to publish contributions to TeamSpeak's services, in particular |
1163 |
+questions, suggestions and reviews on Teamspeak.com in the "Community" |
1164 |
+section. |
1165 |
+ |
1166 |
+3.6 The customer also has the opportunity to upload his own software |
1167 |
+programs compatible with TeamSpeak's software solutions (hereinafter |
1168 |
+referred to as "Add Ons") to the Teamspeak websites and to offer them to |
1169 |
+third parties for download, as well as to download the Add Ons offered |
1170 |
+by third parties via myteamspeak.com. |
1171 |
+ |
1172 |
+3.7 However, the "TS3 Client" and the "TS5 Client" as well as the |
1173 |
+respective mobile applications for iOS and Android may only be used to |
1174 |
+connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers" |
1175 |
+developed by TeamSpeak. Any other use is expressly prohibited. In the |
1176 |
+event of an infringement, TeamSpeak reserves the right to assert claims |
1177 |
+for damages. |
1178 |
+ |
1179 |
+ |
1180 |
+A. Provisions concerning the conclusion of the contract |
1181 |
+ |
1182 |
+ |
1183 |
+4. Conclusion of the contract on the licensing of the software |
1184 |
+ solutions |
1185 |
+ |
1186 |
+4.1 A contract with TeamSpeak regarding the licensing of the software |
1187 |
+solutions shall be concluded as described below: |
1188 |
+ |
1189 |
+4.1.1 "Unlicensed": The contract for the free use of the license model |
1190 |
+"Unlicensed" is concluded when the customer downloads the respective |
1191 |
+software solution and TeamSpeak makes the software solution available. |
1192 |
+ |
1193 |
+4.1.1.1 For this purpose, Customer shall press the button on |
1194 |
+TeamSpeak.com labeled "Licensing Overview" followed by the button under |
1195 |
+the description of the license model "Unlicensed" labeled "Download". |
1196 |
+ |
1197 |
+4.1.1.2 Without having to register, the customer has the possibility to |
1198 |
+download the software solution and use it in accordance with these GTC. |
1199 |
+ |
1200 |
+4.1.1.3 When the software solution is downloaded, a binding contract is |
1201 |
+concluded between TeamSpeak and the customer regarding the use of the |
1202 |
+software solution in the "Unlicensed" license model. |
1203 |
+ |
1204 |
+4.1.2 "NPL": The contract for the free use of the license model "NPL" is |
1205 |
+concluded as follows: |
1206 |
+ |
1207 |
+4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing |
1208 |
+Overview" and then the button labeled "Register" displayed under the |
1209 |
+description of the licensing model "NPL". |
1210 |
+ |
1211 |
+4.1.2.2 The customer presses the button labeled "Continue to NPL |
1212 |
+Application" on the overview displayed and confirms the existence of the |
1213 |
+prerequisites for a non-commercial grouping or consumer property by |
1214 |
+pressing the button labeled "Continue". He also confirms the license |
1215 |
+conditions and these GTC by pressing the buttons marked "I agree". |
1216 |
+ |
1217 |
+4.1.2.3 By clicking the "Submit" button, the customer submits an offer |
1218 |
+to TeamSpeak to conclude the contract for the license model "NPL". |
1219 |
+Before pressing the button labeled "Submit", the customer has the option |
1220 |
+of deleting or correcting his entry or canceling the process at any |
1221 |
+time, also by pressing the "Back" button on his browser. |
1222 |
+ |
1223 |
+4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address |
1224 |
+provided during the registration process, confirming receipt of the |
1225 |
+customer's offer by TeamSpeak. A contract does not come off with |
1226 |
+entrance of this confirmation E-Mail with the customer. |
1227 |
+ |
1228 |
+4.1.2.5 TeamSpeak accepts the customer's offer by making the software |
1229 |
+solution available for download. This results in a binding contract |
1230 |
+between TeamSpeak and the customer for the use of the software solution |
1231 |
+in the "NPL" license model. |
1232 |
+ |
1233 |
+4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address |
1234 |
+specified during registration, summarizing the essential content of the |
1235 |
+contract, to the customer. With this confirmation e-mail the AGB are |
1236 |
+also sent to the customer. |
1237 |
+ |
1238 |
+4.1.3 "AAL": The contract for the paid use of the license model "AAL" is |
1239 |
+concluded as follows: |
1240 |
+ |
1241 |
+4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses |
1242 |
+the button labeled "Sales" and then the button labeled "Continue to |
1243 |
+register for an account. He fills in the displayed registration form and |
1244 |
+sends it by pressing the button marked "Register". |
1245 |
+ |
1246 |
+4.1.3.2 The customer receives an overview of the data entered by him and |
1247 |
+is given the option of correcting or deleting this data after pressing |
1248 |
+the "modify" button or canceling the registration process by closing the |
1249 |
+browser window or pressing the "Back" button on the browser. |
1250 |
+ |
1251 |
+4.1.3.3 By pressing the button with the inscription "Confirm", the |
1252 |
+customer submits a binding offer to conclude a contract for the opening |
1253 |
+of his customer account. |
1254 |
+ |
1255 |
+4.1.3.4 TeamSpeak will send a confirmation email with a confirmation |
1256 |
+link and password to the customer. |
1257 |
+ |
1258 |
+4.1.3.5 TeamSpeak shall display the license models offered to the |
1259 |
+customer in the customer area of the customer account. With this |
1260 |
+advertisement TeamSpeak makes a binding offer to conclude a contract |
1261 |
+with the customer for the license models displayed. |
1262 |
+ |
1263 |
+4.1.3.6 The customer selects the desired "AAL" license in his customer |
1264 |
+account and presses the button with the inscription "Add". By pressing |
1265 |
+the button labeled "Add", the customer accepts TeamSpeak's offer to |
1266 |
+conclude a contract and a binding contract for the use of the software |
1267 |
+solution in the license model "AAL" is concluded. |
1268 |
+ |
1269 |
+4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address |
1270 |
+specified during registration, summarizing the essential content of the |
1271 |
+contract, to the customer. |
1272 |
+ |
1273 |
+4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model |
1274 |
+is concluded as follows: |
1275 |
+ |
1276 |
+4.1.4.1 The customer registers for a TeamSpeak.com customer account. The |
1277 |
+steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of |
1278 |
+these GTC. |
1279 |
+ |
1280 |
+4.1.4.2 The customer selects the licence model "ATHP" in his customer |
1281 |
+account and presses the button with the inscription "Add". The customer |
1282 |
+will receive an invoice for the registration fee of $ 50 USD. Once the |
1283 |
+customer has paid the registration fee, TeamSpeak will send an email to |
1284 |
+the customer with instructions to complete the application process (as |
1285 |
+described below). |
1286 |
+ |
1287 |
+4.1.4.3 The customer shall send TeamSpeak the completed application |
1288 |
+form, the signed license agreement, a photocopy of the identity card or |
1289 |
+passport of an authorized representative as well as the business |
1290 |
+registration, the VAT ID or any other document that identifies the |
1291 |
+customer as an entrepreneur within the meaning of section 2.3 of these |
1292 |
+GTC. The documents will be sent to TeamSpeak by e-mail to |
1293 |
+athps@×××××××××.com or by fax to +49-8825-920-27-97. By sending the |
1294 |
+aforementioned documents, the customer submits a binding offer to |
1295 |
+conclude the contract. |
1296 |
+ |
1297 |
+4.1.4.4 TeamSpeak will send a confirmation email to the email address |
1298 |
+stored in the customer's account confirming receipt of the customer's |
1299 |
+offer. A contract does not come off with the entrance of this |
1300 |
+confirmation e-mail. |
1301 |
+ |
1302 |
+4.1.4.5 TeamSpeak accepts the customer's offer by making the software |
1303 |
+solution available for download in the customer area of the customer |
1304 |
+account. With the provision of the software solution, a binding contract |
1305 |
+is concluded between the customer and TeamSpeak for the use of the |
1306 |
+software solution in the "ATHP" license model. |
1307 |
+ |
1308 |
+4.1.4.6 TeamSpeak will send a confirmation email to the email address |
1309 |
+provided during registration, summarizing the main content of the |
1310 |
+contract, to the customer. |
1311 |
+ |
1312 |
+4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The |
1313 |
+contract for the paid use of the license model "SDK" is concluded by |
1314 |
+individual conclusion of a contract with the Customer. |
1315 |
+ |
1316 |
+4.1.5.1 The customer shall contact TeamSpeak by e-mail at |
1317 |
+ts3sdk@×××××××××.com or by telephone at +49 8825 920200-0. |
1318 |
+ |
1319 |
+4.1.5.2 TeamSpeak shall send the customer an offer for the services |
1320 |
+requested by the customer in text form to the e-mail address provided by |
1321 |
+the customer. With this e-mail TeamSpeak makes a binding offer to |
1322 |
+conclude a contract under the conditions stated in the e-mail. |
1323 |
+ |
1324 |
+4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form |
1325 |
+constitutes a binding contract for the use of the "SDK" license model. |
1326 |
+ |
1327 |
+ |
1328 |
+5. Conclusion of a contract for the provision of server space |
1329 |
+ |
1330 |
+5.1 The customer is forwarded via Teamspeak.com to the internet presence |
1331 |
+of the third party provider. |
1332 |
+ |
1333 |
+5.2 A contract conclusion comes about in the case of the switching of |
1334 |
+server places offered by a third party exclusively between the customer |
1335 |
+and the respective third party. It is strongly recommended that the |
1336 |
+customer obtain information from the third party about the conclusion of |
1337 |
+the contract and, if applicable, its general terms and conditions. |
1338 |
+ |
1339 |
+ |
1340 |
+6. Conclusion of the contract about the licensing of the client |
1341 |
+ |
1342 |
+6.1 A contract on the licensing of the client is concluded as follows: |
1343 |
+ |
1344 |
+6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The |
1345 |
+customer is redirected to a subpage that shows an overview of the client |
1346 |
+versions to be downloaded (Windows, Linux and MacOS as well as for |
1347 |
+mobile devices). |
1348 |
+ |
1349 |
+6.1.2 The Customer selects the version corresponding to his requirements |
1350 |
+and presses the button marked "Download" which is displayed next to the |
1351 |
+version of the Client he has selected. The customer has the possibility |
1352 |
+to cancel the download process at any time by closing his browser window |
1353 |
+or ending the process. |
1354 |
+ |
1355 |
+6.1.3 If Windows, Linux or MacOS versions are selected, the customer |
1356 |
+submits a binding offer to conclude the contract by pressing the button |
1357 |
+marked "Download". TeamSpeak accepts this offer by providing the client |
1358 |
+for download by teamspeak.com or the referring websites, so that a |
1359 |
+binding contract is concluded between TeamSpeak and the client. |
1360 |
+ |
1361 |
+6.1.4 If a version of the Client is selected for mobile devices, the |
1362 |
+Customer will be redirected to the Internet pages of third parties |
1363 |
+"Apple AppStore" (iOS) or "Android Market" (Android) and can purchase |
1364 |
+these there in accordance with the conditions of the respective third |
1365 |
+party provider. The customer is strongly advised to inform himself about |
1366 |
+the conclusion of the contract and the general terms and conditions of |
1367 |
+the third party provider. |
1368 |
+ |
1369 |
+ |
1370 |
+7. Conclusion of a contract concerning the uploading and |
1371 |
+ downloading of Add Ons |
1372 |
+ |
1373 |
+7.1 TeamSpeak only provides the platform for uploading and downloading |
1374 |
+add-ons. The contract for the use of the respective add-on is concluded |
1375 |
+exclusively between the customer who uploads the add-on and the customer |
1376 |
+who downloads the add-on. |
1377 |
+ |
1378 |
+7.2 To upload Add Ons, Customer must register for a Customer Account as |
1379 |
+a Developer (hereinafter referred to as "Developer Account"). |
1380 |
+ |
1381 |
+7.3 To do this, the customer presses the button labeled "MyTeamSpeak" |
1382 |
+and the button labeled "Register" on the underside of the screen that |
1383 |
+appears. |
1384 |
+ |
1385 |
+7.4 The Customer fills in the registration form displayed with the |
1386 |
+e-mail address and password and clicks the button marked "Register". |
1387 |
+ |
1388 |
+7.5 TeamSpeak will send a confirmation email with a confirmation link to |
1389 |
+the customer. |
1390 |
+ |
1391 |
+7.6 The customer activates the confirmation link contained in the e-mail |
1392 |
+and is taken to his customer account under the menu item "Dashboard". |
1393 |
+ |
1394 |
+7.7 The customer presses the button in his customer account with the |
1395 |
+inscription "Become a developer". By entering their name and mobile |
1396 |
+phone number, the customer fills out a registration form and clicks the |
1397 |
+button labeled "Send confirmation code". |
1398 |
+ |
1399 |
+7.8 TeamSpeak will send a confirmation code with a limited validity |
1400 |
+period to the mobile phone number provided by the customer. |
1401 |
+ |
1402 |
+7.9 The customer enters the confirmation code in the form field provided |
1403 |
+and presses the button marked "confirm". |
1404 |
+ |
1405 |
+7.10 To download Add Ons, the customer does not need to register for a |
1406 |
+customer account. Downloading is possible free of charge and without |
1407 |
+registration on the "MyTeamSpeak" subpage. |
1408 |
+ |
1409 |
+7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5 |
1410 |
+Client" and the respective mobile applications for iOS and Android that |
1411 |
+can be downloaded from the website myteamspeak.com may be used. |
1412 |
+ |
1413 |
+ |
1414 |
+8. Conclusion of the contract on the use of the forum |
1415 |
+ |
1416 |
+8.1 The Customer shall press the button marked "Forum" and then the |
1417 |
+button marked "Register". |
1418 |
+ |
1419 |
+8.2 The Customer shall complete the registration form displayed after |
1420 |
+pressing the "Register" button. |
1421 |
+ |
1422 |
+8.3 After filling in the registration form, the Customer clicks the |
1423 |
+button labeled "Complete Registration". He can correct his data at any |
1424 |
+time until he clicks the "Complete Registration" button or cancel the |
1425 |
+registration by closing his browser window or clicking the "Back" button |
1426 |
+on his browser. |
1427 |
+ |
1428 |
+8.4 The customer shall receive a confirmation of receipt from TeamSpeak |
1429 |
+containing a confirmation link. This confirmation of receipt does not |
1430 |
+constitute an offer on the part of TeamSpeak to conclude a contract, but |
1431 |
+merely serves to verify the customer's data. |
1432 |
+ |
1433 |
+8.5 The customer can click on the confirmation link and then register |
1434 |
+for his customer account. By activating the confirmation link, the |
1435 |
+customer makes a binding offer to use the forum free of charge. |
1436 |
+ |
1437 |
+8.6 TeamSpeak accepts the customer's offer by providing the customer |
1438 |
+account, so that a binding contract is concluded. |
1439 |
+ |
1440 |
+ |
1441 |
+ B. Special provisions for the respective contracts for individual |
1442 |
+ services |
1443 |
+ |
1444 |
+ |
1445 |
+9. Licence fees for the use of the software solutions |
1446 |
+ |
1447 |
+9.1 Royalties under the "ATHP" licensing model |
1448 |
+ |
1449 |
+9.1.1 For the use of the software solution in the license model "ATHP", |
1450 |
+a lump-sum basic fee as well as use-dependent current license fees are |
1451 |
+to be paid. |
1452 |
+ |
1453 |
+9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon |
1454 |
+conclusion of the contract. |
1455 |
+ |
1456 |
+9.1.3 The amount of current licence fees for the granting of licences in |
1457 |
+the "ATHP" licence model shall be determined on the basis of the actual |
1458 |
+use of the number of slots per calendar day. For this purpose, the |
1459 |
+number of slots used is transmitted daily by the virtual server to a |
1460 |
+server operated by TeamSpeak. The customer undertakes not to take any |
1461 |
+action against TeamSpeak that is likely to prevent such transmission or |
1462 |
+alter the transmission result. The current license fees are due ten |
1463 |
+working days after receipt of the invoice by the customer. |
1464 |
+ |
1465 |
+9.1.4 A minimum license fee shall be deemed agreed between the customer |
1466 |
+and TeamSpeak. For the first year of licence use, this amounts to the |
1467 |
+licence fee for the use of 200 slots used and for each subsequent year |
1468 |
+of licence use, the licence fee for the use of 1,000 slots used. If the |
1469 |
+minimum license fee is not reached, the customer must nevertheless pay |
1470 |
+license fees in the amount of the minimum license fee. |
1471 |
+ |
1472 |
+9.2 Unless otherwise agreed between the customer and TeamSpeak, the |
1473 |
+license fees stated in the service description for the respective |
1474 |
+license model shall be deemed agreed. |
1475 |
+ |
1476 |
+9.3 TeamSpeak is entitled to change the license fees in the course of |
1477 |
+further development of the software solutions or for reasons of |
1478 |
+adaptation to the market situation. |
1479 |
+ |
1480 |
+9.4 In the event of a price adjustment, a list with the changed prices |
1481 |
+will be sent to the customer in text form. |
1482 |
+ |
1483 |
+9.5 The customer has the option to terminate the license agreement |
1484 |
+without notice within a period of four weeks commencing with the receipt |
1485 |
+of the message referred to in Section 9.4 of these General Terms and |
1486 |
+Conditions. |
1487 |
+ |
1488 |
+9.6 The customer has the possibility to object to the price adjustment |
1489 |
+within a period of four weeks beginning with the receipt of the message |
1490 |
+referred to in section 9.4 of these General Terms and Conditions. In the |
1491 |
+event of an objection by the customer, TeamSpeak shall be entitled to |
1492 |
+terminate the contract extraordinarily within a period of four weeks |
1493 |
+beginning with the receipt of the objection by TeamSpeak. |
1494 |
+ |
1495 |
+ |
1496 |
+10. Prices and terms of payment for the licensing of the software |
1497 |
+ solutions |
1498 |
+ |
1499 |
+10.1 All prices or price quotations quoted by TeamSpeak are always in |
1500 |
+the form of US dollars, even in the absence of an express currency |
1501 |
+indication, unless otherwise agreed between the parties. |
1502 |
+ |
1503 |
+10.2 All prices or price quotations are exclusive of the applicable |
1504 |
+value added tax and any further public charges. |
1505 |
+ |
1506 |
+10.3 When ordering via Teamspeak.com, the customer only has access to |
1507 |
+the payment options indicated under the menu item "Pay", whereby |
1508 |
+TeamSpeak expressly reserves the right to reject a payment method |
1509 |
+selected by the customer in the contract offer. |
1510 |
+ |
1511 |
+10.4 In the case of telephone orders or orders placed by e-mail, fax or |
1512 |
+post, payment by bank transfer shall be agreed as advance payment unless |
1513 |
+otherwise agreed, whereby TeamSpeak's remuneration shall become due upon |
1514 |
+conclusion of the contract, i.e. the customer shall be obliged to pay |
1515 |
+the remuneration in advance. |
1516 |
+ |
1517 |
+10.5 If payment on account has been agreed, payment shall be due within |
1518 |
+fourteen working days of receipt of the invoice by the Customer. |
1519 |
+ |
1520 |
+10.6 TeamSpeak shall be entitled to perform or provide outstanding |
1521 |
+services only against advance payment or security if, after conclusion |
1522 |
+of the contract, it becomes aware of circumstances which could |
1523 |
+significantly reduce the creditworthiness of the customer and which |
1524 |
+endanger the payment of TeamSpeak's outstanding claims by the customer |
1525 |
+arising from the respective contractual relationship (including from |
1526 |
+other individual orders). |
1527 |
+ |
1528 |
+ |
1529 |
+11. Termination of license agreements for the software solutions |
1530 |
+ |
1531 |
+11.1 The contracts for the licensing of software solutions have the |
1532 |
+contract term stated in the service description (hereinafter referred to |
1533 |
+as the "minimum contract term"), i.e. |
1534 |
+ |
1535 |
+11.1.1 The contract for the "Unlicensed" license model has no fixed |
1536 |
+contract term. The license model can be used by the customer at any time |
1537 |
+as long as TeamSpeak offers this license model. |
1538 |
+ |
1539 |
+11.1.2 The contract for the "NPL" licensing model has a minimum term of |
1540 |
+six months. |
1541 |
+ |
1542 |
+11.1.3 The contract for the "AAL" licence model has a minimum term of |
1543 |
+twelve months. |
1544 |
+ |
1545 |
+11.1.4 The contract for the "ATHP" licence model has a minimum term of |
1546 |
+twelve months. |
1547 |
+ |
1548 |
+11.1.5 The contract for the license model "SDK" has the individually |
1549 |
+agreed minimum contract term. |
1550 |
+ |
1551 |
+11.2 The Contract shall be automatically extended by the minimum |
1552 |
+Contract Term if neither party terminates the Contract at the end of the |
1553 |
+minimum Contract Term. With the license model "NPL", the contract is |
1554 |
+only automatically extended if the customer has used the software |
1555 |
+solution within a period of one month before the end of the minimum |
1556 |
+contract term; otherwise the contract ends automatically with the end of |
1557 |
+the minimum contract term. |
1558 |
+ |
1559 |
+11.3 The license agreement may be terminated by the customer at any time |
1560 |
+at the end of the minimum contract term without notice. TeamSpeak may |
1561 |
+terminate the License Agreement at any time subject to a notice period |
1562 |
+equal to half the period of the minimum contract term to the end of the |
1563 |
+minimum contract term. |
1564 |
+ |
1565 |
+11.4 The right of both parties to extraordinary termination remains |
1566 |
+unaffected. TeamSpeak is entitled to an extraordinary right of |
1567 |
+termination, in particular under the conditions set out in Section 11.5 |
1568 |
+of these GTC. |
1569 |
+ |
1570 |
+11.5 In particular, TeamSpeak has a right of extraordinary termination, |
1571 |
+ |
1572 |
+11.5.1.1 if the Customer defaults on two consecutive payments due for |
1573 |
+the Licensing. |
1574 |
+ |
1575 |
+11.5.1.2 if the customer repeatedly falls below the minimum license fee |
1576 |
+in the case of a contract for the license model "ATHP". |
1577 |
+ |
1578 |
+11.5.1.3 if the customer repeatedly violates his obligations under the |
1579 |
+license agreement, including these GTC, despite a warning and the |
1580 |
+violations are not insignificant. |
1581 |
+ |
1582 |
+11.5.1.4 if the customer repeatedly breaches its essential obligations |
1583 |
+under this contract despite a warning from TeamSpeak and is responsible |
1584 |
+for the breach. |
1585 |
+ |
1586 |
+11.5.1.5 if the customer has chosen the license models "Unlicensed" or |
1587 |
+"NPL" without the property as a consumer or non-commercial grouping |
1588 |
+being present or this property having subsequently ceased to exist. In |
1589 |
+this case we reserve the right to claim damages. |
1590 |
+ |
1591 |
+11.6 Each termination requires the text form. |
1592 |
+ |
1593 |
+ |
1594 |
+12. Obligations of the customer when using the client |
1595 |
+ |
1596 |
+12.1 The customer himself is obliged to undertake data back-ups at |
1597 |
+regular intervals. TeamSpeak is not responsible for any loss of data |
1598 |
+resulting from a breach of this obligation. This does not apply if |
1599 |
+TeamSpeak is responsible for the violation. |
1600 |
+ |
1601 |
+12.2 Furthermore, the customer is obliged to use programs corresponding |
1602 |
+to the current technical standard against viruses and other malicious |
1603 |
+software. |
1604 |
+ |
1605 |
+12.3 Updates to the Standard Software will be provided free of charge |
1606 |
+when and as they become available. The customer is obliged in his own |
1607 |
+interest to install updates of the client immediately after their |
1608 |
+publication. Otherwise the usability of the client may be restricted. |
1609 |
+ |
1610 |
+ |
1611 |
+13. Termination of the client licensing agreements |
1612 |
+ |
1613 |
+13.1 The Customer may terminate the Client Licensing Agreement at any |
1614 |
+time by removing the Client from any of the Customer's end devices. |
1615 |
+ |
1616 |
+13.2 The right to extraordinary termination without notice of both |
1617 |
+parties remains unaffected. |
1618 |
+ |
1619 |
+13.3 Each termination obliges the customer to immediately remove the |
1620 |
+client from all end devices. |
1621 |
+ |
1622 |
+ |
1623 |
+14. Publication of contributions in the forum |
1624 |
+ |
1625 |
+14.1 The registered customer has the possibility to publish |
1626 |
+contributions in the area "Community Forum" on myteamspeak.com via the |
1627 |
+customer area of his customer account. |
1628 |
+ |
1629 |
+14.2 In order to publish a new contribution, the Customer uploads the |
1630 |
+contribution by clicking on the "Post New Thread" button. When replying |
1631 |
+to a contribution from another customer, the customer clicks the button |
1632 |
+labeled "Reply To Thread" to publish his reply contribution. The |
1633 |
+contribution will then be transmitted to TeamSpeak and published by |
1634 |
+TeamSpeak on myteamspeak.com. |
1635 |
+ |
1636 |
+14.3 TeamSpeak does not control contributions prior to publication. |
1637 |
+TeamSpeak expressly reserves the right to delete individual |
1638 |
+contributions in the event of a reference to the illegality of a |
1639 |
+contribution. |
1640 |
+ |
1641 |
+14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any |
1642 |
+contributions that violate the laws of the Federal Republic of Germany |
1643 |
+or the rights of third parties. |
1644 |
+ |
1645 |
+14.5 The customer indemnifies TeamSpeak against all rights of third |
1646 |
+parties which they may assert against TeamSpeak due to the publication |
1647 |
+of contributions on Teamspeak.com by the customer. Subject to the |
1648 |
+customer's consent, TeamSpeak will not make any acknowledgements or |
1649 |
+other declarations in legal transactions which justify the asserted |
1650 |
+claims of the third party. |
1651 |
+ |
1652 |
+14.6 The indemnity obligation set forth in Section 14.5 of these GTC |
1653 |
+shall not apply if the circumstances justifying the claims of the third |
1654 |
+party can be proven to be due to gross negligence or wilful misconduct |
1655 |
+on the part of TeamSpeak. |
1656 |
+ |
1657 |
+14.7 TeamSpeak undertakes, insofar as the customer's obligation to |
1658 |
+indemnify as stipulated in section 14.5 of these GTC is affected, to |
1659 |
+inform the customer immediately of any legal action brought against |
1660 |
+TeamSpeak or of any assertion of claims against TeamSpeak and to give |
1661 |
+the customer the opportunity to assume legal defence. |
1662 |
+ |
1663 |
+ |
1664 |
+15. Termination of the user account for the forum |
1665 |
+ |
1666 |
+15.1 The customer has the option to have TeamSpeak delete his customer |
1667 |
+account at any time. For this purpose, the customer sends the deletion |
1668 |
+request in text form to TeamSpeak. Termination is also possible against |
1669 |
+a moderator of the forum in text form. TeamSpeak shall delete the |
1670 |
+customer's forum account immediately upon receipt of the notice of |
1671 |
+termination. Contributions published by the customer may be deleted or |
1672 |
+anonymized at TeamSpeak's discretion. With the deletion the contract |
1673 |
+about the use of the customer account ends. |
1674 |
+ |
1675 |
+15.2 TeamSpeak has the right to terminate the contract for the use of |
1676 |
+the customer account at any time with three months' notice to the end of |
1677 |
+the quarter of a calendar year. |
1678 |
+ |
1679 |
+15.3 The right of both parties to extraordinary termination remains |
1680 |
+unaffected. A right to extraordinary termination exists in particular if |
1681 |
+the customer repeatedly violates his obligations under section 14.4 of |
1682 |
+these GTC despite a warning and the violation is not insignificant. |
1683 |
+ |
1684 |
+15.4 Any notice of termination must be in text form. |
1685 |
+ |
1686 |
+ |
1687 |
+16. Publication of Add Ons |
1688 |
+ |
1689 |
+16.1 If the customer is registered as a developer, he has the |
1690 |
+possibility to upload Add Ons and offer them to third parties for free |
1691 |
+download. |
1692 |
+ |
1693 |
+16.2 In order to upload Add Ons, the customer clicks the button with the |
1694 |
+label "Upload Add Ons" in the customer area of his customer account. The |
1695 |
+customer submits the add-ons to be uploaded by him to TeamSpeak by |
1696 |
+pressing the button labeled "Add Addon". |
1697 |
+ |
1698 |
+16.3 TeamSpeak releases the Add Ons on "MyTeamspeak". |
1699 |
+ |
1700 |
+16.4 TeamSpeak does not control the uploaded add-ons prior to |
1701 |
+publication. TeamSpeak also expressly reserves the right to delete |
1702 |
+individual add-ons in the event of a reference to the illegality of an |
1703 |
+add-on. |
1704 |
+ |
1705 |
+16.5 The customer undertakes not to publish any add-ons to TeamSpeak |
1706 |
+that violate the laws of the Federal Republic of Germany, the rights of |
1707 |
+TeamSpeak or the rights of third parties. |
1708 |
+ |
1709 |
+16.6 The customer shall indemnify TeamSpeak against all third party |
1710 |
+rights asserted against TeamSpeak by the customer due to the publication |
1711 |
+of add-ons on myteamspeak.com by the customer. Subject to the customer's |
1712 |
+consent, TeamSpeak will not make any acknowledgements or other |
1713 |
+declarations in legal transactions which justify the asserted claims of |
1714 |
+the third party. |
1715 |
+ |
1716 |
+16.7 The indemnity obligation set forth in Section 16.6 of these GTC |
1717 |
+shall not apply if the circumstances justifying the claims of the third |
1718 |
+party can be proven to be due to gross negligence or wilful misconduct |
1719 |
+on the part of TeamSpeak. |
1720 |
+ |
1721 |
+16.8 TeamSpeak undertakes to inform the customer immediately of any |
1722 |
+legal action taken against TeamSpeak or the assertion of claims against |
1723 |
+TeamSpeak and to give the customer the opportunity to assume legal |
1724 |
+defence in the event that the customer's obligation to indemnify is |
1725 |
+breached in accordance with Section 16.6 of these General Terms and |
1726 |
+Conditions. |
1727 |
+ |
1728 |
+ |
1729 |
+17. Termination of the customer account as developer |
1730 |
+ |
1731 |
+17.1 The customer has the option of having TeamSpeak delete his customer |
1732 |
+account as a developer at any time. For this purpose, the customer sends |
1733 |
+the deletion request in text form to TeamSpeak. TeamSpeak will delete |
1734 |
+the customer's developer account immediately upon receipt of the |
1735 |
+termination notice. Add-ons published by the customer will also be |
1736 |
+deleted immediately. With the deletion the contract about the use of the |
1737 |
+Developer account ends. |
1738 |
+ |
1739 |
+17.2 TeamSpeak has the right to terminate the Developer Account |
1740 |
+Agreement at any time with three months' notice to the end of the |
1741 |
+quarter of a calendar year. |
1742 |
+ |
1743 |
+17.3 The right of both parties to extraordinary termination remains |
1744 |
+unaffected. A right to extraordinary termination exists in particular if |
1745 |
+the customer repeatedly violates his obligations under section 16.5 of |
1746 |
+these GTC despite a warning and the violation is not insignificant. |
1747 |
+ |
1748 |
+17.4 Any notice of termination must be given in writing. |
1749 |
+ |
1750 |
+ |
1751 |
+C. General provisions |
1752 |
+ |
1753 |
+ |
1754 |
+18. Warranty |
1755 |
+ |
1756 |
+18.1 The statutory warranty rights shall apply to consumers. |
1757 |
+ |
1758 |
+18.2 The following provisions shall apply to entrepreneurs: |
1759 |
+ |
1760 |
+18.2.1 The customer's warranty rights expire within one year. This shall |
1761 |
+not apply to damages culpably caused by TeamSpeak resulting from injury |
1762 |
+to life, body or health and damages caused by gross negligence or intent |
1763 |
+or fraudulent intent, as well as in the case of recourse claims pursuant |
1764 |
+to §§ 478, 479 BGB (German Civil Code). |
1765 |
+ |
1766 |
+18.2.2 A warranty by TeamSpeak is excluded if the defect is due to |
1767 |
+circumstances caused by TeamSpeak at the express request of the customer. |
1768 |
+ |
1769 |
+18.2.3 The strict liability for damages for initial defects according to |
1770 |
+§ 536a Abs. 1 BGB is excluded. |
1771 |
+ |
1772 |
+ |
1773 |
+19. Liability |
1774 |
+ |
1775 |
+19.1 TeamSpeak shall be liable in all cases of contractual and |
1776 |
+non-contractual liability for intent and gross negligence in accordance |
1777 |
+with the statutory provisions. |
1778 |
+ |
1779 |
+19.2 In other cases, TeamSpeak shall be liable - unless otherwise |
1780 |
+stipulated in Section 19.1 of these GTC - only in the event of a breach |
1781 |
+of a contractual obligation, the fulfilment of which is essential for |
1782 |
+the proper execution of the contract and on the observance of which the |
1783 |
+customer may therefore regularly rely (so-called cardinal obligation). |
1784 |
+In all other cases, TeamSpeak's liability is excluded subject to the |
1785 |
+provision in Section 19.1 of these GTC. |
1786 |
+ |
1787 |
+19.3 To the extent that TeamSpeak is liable on the merits pursuant to |
1788 |
+clause 19.1 of these GTC, this liability shall be limited to damages |
1789 |
+which TeamSpeak foresaw at the time of conclusion of the contract as a |
1790 |
+possible consequence of a breach of contract or which TeamSpeak should |
1791 |
+have foreseen if it had exercised due care. Furthermore, indirect |
1792 |
+damages and consequential damages resulting from deficiencies in |
1793 |
+TeamSpeak's performance shall only be eligible for compensation if such |
1794 |
+damages are typically to be expected when the performance is used as |
1795 |
+intended. |
1796 |
+ |
1797 |
+19.4 TeamSpeak's liability for damages resulting from injury to life, |
1798 |
+limb or health and under the Product Liability Act shall remain |
1799 |
+unaffected by the above limitations and exclusions of liability. |
1800 |
+ |
1801 |
+ |
1802 |
+20. Set-off, rights of retention and assignment |
1803 |
+ |
1804 |
+20.1 The customer shall only be entitled to offset claims against |
1805 |
+TeamSpeak against legally established or undisputed claims. The same |
1806 |
+applies to the assertion of rights of retention. |
1807 |
+ |
1808 |
+20.2 The assignment of claims against TeamSpeak to third parties is only |
1809 |
+possible with the written consent of TeamSpeak. This applies in |
1810 |
+particular to the transfer of the license granted by TeamSpeak to third |
1811 |
+parties. |
1812 |
+ |
1813 |
+ |
1814 |
+21. Text form |
1815 |
+ |
1816 |
+21.1 Amendments and alterations to the agreements made between TeamSpeak |
1817 |
+and the customer, including these General Terms and Conditions, must be |
1818 |
+made in text form in order to be effective. |
1819 |
+ |
1820 |
+21.2 With the exception of managing directors or authorized signatories, |
1821 |
+TeamSpeak employees shall not be entitled to enter into any verbal |
1822 |
+agreements that deviate from these provisions. |
1823 |
+ |
1824 |
+ |
1825 |
+22. Applicable law and place of jurisdiction |
1826 |
+ |
1827 |
+22.1 German law shall apply. In the case of consumers, this choice of |
1828 |
+law shall only apply insofar as the protection granted by mandatory |
1829 |
+provisions of the law of the country of the consumer's habitual |
1830 |
+residence is not thereby withdrawn (principle of favourability). |
1831 |
+ |
1832 |
+22.2 The place of performance for all services arising from business |
1833 |
+relations with TeamSpeak and the place of jurisdiction shall be the |
1834 |
+registered office of TeamSpeak, provided that the user is not a consumer |
1835 |
+but a merchant, a legal entity under public law or a special fund under |
1836 |
+public law. The same applies if the user does not have a general place |
1837 |
+of jurisdiction in Germany or the EU or if the place of residence or |
1838 |
+usual abode is not known at the time the action is filed. The right to |
1839 |
+also appeal to the court at another legal place of jurisdiction remains |
1840 |
+unaffected by this. |
1841 |
+ |
1842 |
+22.3 The provisions of the UN Sales Convention expressly do not apply. |
1843 |
+ |
1844 |
+ |
1845 |
+ |
1846 |
+II. Customer information |
1847 |
+ |
1848 |
+ |
1849 |
+1. Identity of the provider |
1850 |
+ |
1851 |
+TeamSpeak Systems, Inc. |
1852 |
+PO Box 211180 |
1853 |
+Chula Vista |
1854 |
+CA91921 |
1855 |
+USA |
1856 |
+ |
1857 |
+Telephone: +1-877-832-6773 |
1858 |
+Telefax: +1-619-312-4145 |
1859 |
+E-mail: info@×××××××××.com |
1860 |
+ |
1861 |
+ |
1862 |
+2. Information on the conclusion of the contract |
1863 |
+ |
1864 |
+The technical steps for the conclusion of the contract, the conclusion |
1865 |
+of the contract itself and the correction options shall be carried out |
1866 |
+in accordance with Section B of the General Terms and Conditions (Part I). |
1867 |
+ |
1868 |
+ |
1869 |
+3. Contract language, contract text storage |
1870 |
+ |
1871 |
+The contract language is English. |
1872 |
+ |
1873 |
+TeamSpeak does not save the complete contract text. Before sending the |
1874 |
+respective offer, the offer data can be printed out or electronically |
1875 |
+saved using the browser's print function. Upon acceptance of the offer |
1876 |
+by TeamSpeak, the contract data, the legally required information for |
1877 |
+distance selling contracts and the General Terms and Conditions will be |
1878 |
+sent to the user again by e-mail. |
1879 |
+ |
1880 |
+ |
1881 |
+4. Essential characteristics of the goods and services |
1882 |
+ |
1883 |
+The essential characteristics of the goods and services can be found in |
1884 |
+the service description and the supplementary information on Teamspeak.com. |
1885 |
+ |
1886 |
+ |
1887 |
+5. Prices and payment methods |
1888 |
+ |
1889 |
+The prices and payment modalities result from the information at the |
1890 |
+conclusion of the contract as well as from the provisions in point B. of |
1891 |
+the General Terms and Conditions (Part I). |
1892 |
+ |
1893 |
+ |
1894 |
+6. Statutory liability for defects |
1895 |
+ |
1896 |
+The statutory rights of liability for defects exist vis-à-vis consumers. |
1897 |
+ |
1898 |
+ |
1899 |
+7. Contract term, termination |
1900 |
+ |
1901 |
+You will find information on the term of the contract and the conditions |
1902 |
+of termination in the respective service description as well as in point |
1903 |
+B of the General Terms and Conditions. |
1904 |
+ |