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INFORMATION IN ACCORDANCE WITH SECTION 5 TMG

Privacy Policy

R3 Solutions GmbH respects your privacy and is committed to protecting it through our compliance with this policy. This privacy policy governs and details the main privacy principles we apply to the data we collect and process through our website www.r3.group.

First, we would like to notify you, that this is a corporate website directed at corporate customers who may wish to interact with us as their clients.

The responsible body (Controller) in terms of the German Data Privacy Act (BDSG) and the General Data Protection Regulation (GDPR) is:
Steffen Stiehler – datenschutz@r3.group.

R3 Solutions GmbH (ALSO LABELLED “R3 Solutions”, “R3”, “WE”, “US”)

You may retrieve corresponding information about R3 and the address or commercial register data from our imprint.

SCOPE OF THIS POLICY

This policy applies to the information we collect:

• on this website
• in e-mail, text, e.g. through input into a form or interaction with the chatbot and other electronic messages between you and this website

This policy does not apply to information collected by:

• us offline or through any other means, including on any other website operated by R3 or any third party; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from the website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, is it your choice not to use our website. By accessing or using this website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

DATA COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION

Collection. We collect personally identifiable information, such as your name, surname, email address, and your industry directly from you when you choose to enter it into forms on our website, for example through “Contact” forms.

Use. We use this information for the purpose of responding to the request or inquiry you have submitted to us through the contact form or another entry field, to initiate business or perform under a contract (based on ART. 6 (1) B) GDPR). We also use this information for our own marketing purposes (based on ART. 6 (1) F) GDPR), such as to send you the requested newsletter or other promotional emails. To do so, we enter the data you have provided into our CRM system. At times, we might invite you to an event, which we believe you could benefit from or contact you via the email address you provided to expand our business relationship.

You may at any time revoke your consent and choose to stop receiving our marketing emails by following the unsubscribe instructions included in any of these communications.

How long is data stored? Unless expressly stated otherwise, R3 stores personal data for as long as required to conduct the purposes listed above, subject to statutory safekeeping requirements. R3 staff are required to regularly review personal data storage timespans and to delete them if they are no longer necessary. 

COOKIES

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyze how visitors use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

COOKIE SETTINGS

Newsletter. If you request our newsletter, we will regularly inform you about our products and campaigns. We use a double opt-in procedure to subscribe. Should you confirm your email address, we shall store your email address, the time of registration, and the IP address used for the registration until you cancel the newsletter. This serves only the purpose of sending you the newsletter and providing evidence of your registration.

In our newsletter, we use technologies to measure interaction with the newsletter (e.g. opening of the e-mail, links clicked). We use these data in aggregate form for general statistical evaluations and to optimize and develop our contacts and customer communication. The legal basis for this is our foregoing legitimate interest under the terms of ART. 6 (1) F) GDPR. We wish to share topics with you that actually are relevant and try to better understand the interests of our readers. If you do not wish your use pattern to be analyzed, you may cancel the newsletter or disable graphics in your email program at any time. The data relating to the interaction with our newsletter is stored pseudonymously.

You may cancel the newsletter at any time. An unsubscribe link is placed in every newsletter. A message to the contact details given below or in the newsletter also is fine. The legal basis is ART. 6 (1) A) GDPR.

Information Sharing. We do not share your information with third parties for their promotional purposes. We may share your information with affiliated companies and trusted third-party service providers working under the instruction of R3, such Hubspot, exclusively for storage purposes. Such third parties who provide services on our behalf are authorized to use your personal information only as strictly necessary to provide these services to us.

Others’ Websites. Our site includes links to other websites whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Twitter. Within our online offering, features and content of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, may be incorporated. This may include content such as images, videos, or text, and buttons that allow users to share content from this online offering within Twitter.

If the users are members of the Twitter platform, Twitter can assign the retrieval of contents and functions to the profiles of the users there. Twitter is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation:

(HTTPS://WWW.PRIVACYSHIELD.GOV/PARTICIPANT?ID=A2ZT0000000TORZAAO&STATUS=ACTIVE).

Privacy Policy: HTTPS://TWITTER.COM/PRIVACY
Opt-Out:          HTTPS://TWITTER.COM/PERSONALIZATION

DATA COLLECTION AND USE OF PSEUDONYMIZED INFORMATION

Passive Collection. As is true of most websites, we gather certain information automatically. This information may include truncated Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

Google Analytics. To optimize this website, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how you use this website. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. If the IP anonymization is activated on this website, your IP address will previously be truncated by Google within the EU member states or EEA member states. Only in exceptional cases will the IP address be transferred to Google on a server in the United States and thereafter be truncated. On behalf of the website operator, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. The IP address that was transmitted by your browser will not be combined by Google with any other data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. You may also prevent the collection of the data that was generated by the cookie and that is related to the use of the website (including your IP address) as well as its processing by Google by downloading and installing a browser plugin that is available under the following link: HTTP://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT. Additional information thereto is available at HTTP://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT and HTTP://WWW.GOOGLE.COM/ANALYTICS/PRIVACYOVERVIEW.HTML (general information to Google Analytics and privacy). This website uses Google Analytics with its extension code “gat._anonymizeIp()” so that IP addresses will therefore only be processed in a shortened form to prevent persons from being identified. This anonymized data will be retained for 14 months.

We do not process any of this information, directly or indirectly, with the help of a third party or otherwise, to determine your identity.

HubSpot Inc: R3 integrates HubSpot software with our website for data analytics purposes. In particular, we employ HubSpot's Beacon plugin, which sets cookies and collects user information (IP address, geographical location, browser type, visit duration, exact pages visited, etc.) to generate reports on user behavior. The purpose of this data gathering is to assist our Sales and Marketing teams to optimize user experience (UX) and make website adjustments where necessary. 

HubSpot may also be employed to link a user's personal information - granted to subscribe to R3's email newsfeed or to download documents from the R3 website - with individual user visits. The purpose of this data gathering is to inform users on an individual and targeted basis about their preferred subject areas. 

HubSpot cookie profiling can be switched off at any time in the user's corresponding browser settings. HubSpot's full data protection declaration can be reviewed in detail here: http://legal.hubspot.com/de/privacy-policy

Further information regarding HubSpot's data privacy can be found in these links: 

• HubSpot Cookies
• HubSpot Privacy Policy
• HubSpot Privacy Shield Framework
• HubSpot Europe Data Privacy Resources
• HubSpot & General Data Protection Regulation GDPR 

DATA SECURITY AND RETENTION

The security of your information is fundamental to R3. We have implemented physical and technical industry-standard security measures, which include the use of firewalls and encryption to protect your personal information. However, as no method of transmission over the Internet, or method of electronic storage, is 100% secure, we cannot guarantee its absolute security. If you have any further questions about the security of your personal information, you may contact us at contact[at]r3coms.com.

We will retain your information for as long as you browse this website or as needed to provide you with service, respectively. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

YOUR (EU) DATA SUBJECT RIGHTS

In operating the website, R3 processes data as a controller (as such terms are defined in the GDPR). As a controller, R3 is committed to fulfilling data subjects’ GDPR rights.

As an EU resident (however we provide these same options to non-EU residents), you may:

• Access the data that R3 keeps about you. We may need to ask you to provide us with certain credentials to make sure that you are who you claim you are. If you find that the data is not accurate, complete, or updated, then you may provide us with the necessary information to rectify it.
• Withdraw your consent to the processing of your personal information. Exercising this right will not affect the lawfulness of processing based on consent before its withdrawal.
• Request to delete or restrict access to your personal information. We may postpone or deny your request due to legitimate purposes, such as compliance with regulatory requirements associated with us.

If you exercise one (or more) of the above-mentioned rights, in accordance with the provisions of applicable law, you may request to be informed that third parties that hold your personal information, in accordance with this Policy, will act accordingly.

• You may ask to transfer your personal information in accordance with your right to data portability.
• You may object to the processing of your personal information for direct marketing purposes.
• You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
• You have a right to lodge a complaint with a data protection supervisory authority.

Since we have to verify your identity for those purposes, we do favor postal queries to R3 Solutions GmbH, Kurfürstendamm 21, 10719 Berlin, Germany. If necessary, we will request proof of your identity before processing your concern. This serves to protect your data from manipulation or deletion by third parties.

LEGAL DISCLAIMER

We reserve the right to disclose or transfer your personal information as required by law (based on ART. 6 (1) F) GDPR), as part of a merger, acquisition, dissolution, or sale of assets, and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process. You will be notified via email and/or a prominent notice on our website of any change of ownership, uses of your personal information, and choices you may have regarding your personal information.

We may also disclose your personal information (based on ART. 6 (1) C) GDPR) when we believe in good faith that disclosure is necessary to protect your safety or the safety of others, investigate fraud or respond to a government request. We may also disclose your personal information to any other third party with your prior consent.

However, if and to the extent storage rights or duties are stipulated by law, we will block the corresponding data from any further use.

CONTACT INFORMATION

To ask questions about or to comment on this privacy policy and our privacy practices, contact us at:

R3 Solutions GmbH
Kurfürstendamm 21
10719 Berlin, Germany

E-Mail: contact@r3.group

You may also contact our data privacy officer directly: datenschutz@r3.group.

Changes to our Privacy Policy

Please note that we may update or change this privacy policy. If we revise our privacy policy, we will post those changes to this privacy statement, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective. Please regularly check the R3 Solutions GmbH website www.r3.group for the latest version of the privacy policy.

Effective Date: 2022/07/01

Terms and conditions

The General Terms and Conditions hereinafter have been drafted in german language (“Allgemeine Geschäftsbedingungen”), may be reviewed below, and are presented to the customer upon conclusion of the contract.

R3 Solutions GmbH (“R3 Solutions”)
Kurfürstendamm 21
10719 Berlin

Represented by Dr.-Ing. Mathias Bohge and Florian Bonanati.

ENTRY IN HANDELSREGISTER

Register Number: HRB 180212 B
Register Court: Amtsgericht Berlin (Charlottenburg)

§1 – OFFER AND CONCLUSION OF CONTRACT

Offers by R3 Solutions are non-binding and can be subject to change, except when they are expressly identified as binding or contain a specific acceptance period.  

Contract agreements between R3 and the customer are concluded upon the signing of a Statement of Work (SOW) by both parties. The customer must email a scanned copy of the countersigned SOW to R3 under the subject line "Acceptance". General Terms and Conditions apply, apart from any provisions contained within the SOW. 

In order to be legally binding, notifications to all parties regarding the termination of an agreement must be made in writing.

§2 – DELIVERY TIME

The customer is informed of the delivery times before submitting his order. In the event of non-R3-related disruptions in the business operations of R3 or its suppliers resulting from an unforeseeable event not caused by R3 or a subcontractor, in particular, as a result of strikes, lockouts, and force majeure, agreed delivery times shall be extended by the duration of the disruption. The customer may withdraw from the contract if he cannot reasonably be expected to adhere to the contract as a result of the extension of the delivery period.

§3 – GRANT OF RIGHTS, OWNERSHIP

The customer is entitled to use the purchased products in the scope mentioned in the product description and purposes mentioned therein. To this end, R3 grants to the customer, within the scope of the concluded contract and these General Terms and Conditions, a temporary, non-exclusive, non-transferable, and limited to the customer right of use of the product and integrated software.

In particular, the customer is not entitled to use the product in any other way as provided for, to modify it, circumvent or lift any usage restrictions or remove from the product, or duplicate, modify or reverse engineer the included software.

§4 – PAYMENT TERMS

The payment of the invoices shall be due and payable within 30 days from the customer’s receipt of the invoice solely via SEPA, ACH, or international wire transfer to the bank account specified in the invoice. All transaction fees are to be paid by the customer. In the event of the customer’s default of payment, R3 will charge default interest in accordance with the statutory provisions. R3 reserves the right to prove and assert greater damages due to default. Further claims and rights to which R3 may be entitled in this respect shall remain unaffected.

All prices are quoted net of VAT and applicable surcharges.

§5 – LIABILITY AND CLAIMS

R3 is liable for acts of wilful intent and gross negligence of R3 and its representatives and negligence causing the injury of life, body, or health pursuant to applicable mandatory law. Further to that, R3 is only liable according to the Product Liability Act, because of negligent violation of essential duties or in the event of fraudulent concealment of defects or if a condition of the product has been guaranteed. A claim for damages due to negligent violation of cardinal contractual obligations is limited to the predictable damage, typical for the type of contract, if not another case listed in sentences 1 or 2 is applicable. A cardinal contractual obligation according to this section is a material contractual obligation of a Party, the fulfillment of which is a prerequisite for enabling the proper fulfillment of the agreement in the first place, and on which the other Party usually relies.

The provisions of the preceding paragraph are applicable to all damage claims (particularly damages including repairs and damages including reimbursement) no matter the legal foundation and hold especially for claims caused by defects, violation of contractual obligations, or tortious interference. The provisions are also applicable to claims regarding compensation for futile efforts.

The customer will be charged with any contributory negligence.

Claims based on defects are time-barred after a period of one year.

§6 – SET-OFF AND RETENTION

Customers may only set off with undisputed claims or those established as legally binding.

§7 – FINAL PROVISIONS

The place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Berlin if the customer is a merchant, a legal entity under public law, or a special fund under public law. Berlin shall also be the exclusive place of jurisdiction if the customer does not have a general place of jurisdiction in Germany, if the customer, once it has concluded the contract, moves its domicile out of Germany or whose domicile is unknown at the time the lawsuit is filed.

Any modifications and or amendments of offers and these General Terms and Conditions must be made textually.

If any provision of these General Terms and Conditions or part thereof is invalid or becomes invalid at a later time, the validity of the remaining provisions shall remain unaffected. The relevant provision shall be replaced by a provision that reflects as closely as possible the economic purpose of the invalid provision. The foregoing shall apply analogously if any provision has inadvertently been omitted.

Unless expressly agreed otherwise, the legal relationship between R3 and the customer shall be governed by the laws of the Federal Republic of Germany (excluding the 1980 UN Convention on the International Sales of Products)

These Terms and Conditions apply to all R3 Agreements. This also applies to any future business transaction. R3 objects to any deviating provisions. Any other but the provisions hereinbefore become valid only with R3 express written approval.

– Status July 2022