ALL OUR TERMS AND POLICIES IN ONE PLACE
PALFINGER Structural Inspection GmbH
Austria Campus 3
Automatic data processing and information technology services
Company registration number:
Commercial register court:
Commercial Court Vienna
Headquarters: 1020 Vienna
Supervisory authority / trade authority:
Municipal District Office for the 2./20. District – Leopoldstadt branch
- consent (Article 6(1) lit. a DSGVO): You have given us your consent to process data for a specific purpose. An example would be the storage of your entered data of a contact form.
- contract (Article 6(1)(b) DSGVO): In order to fulfill a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a purchase contract with you, we need personal information in advance.
- legal obligation (Article 6(1) lit. c DSGVO): If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting purposes. These usually contain personal data.
- legitimate interests (Article 6(1)(f) DSGVO): In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal data. For example, we need to process certain data in order to operate our website in a secure and economically efficient manner. This processing is therefore a legitimate interest.
- right to rectification (article 16 GDPR)
- right to erasure (“right to be forgotten“) (article 17 GDPR)
- right to restrict processing (article 18 GDPR)
- righ to notification – notification obligation regarding rectification or erasure of personal data or restriction of processing (article 19 GDPR)
- right to data portability (article 20 GDPR)
- Right to object (article 21 GDPR)
- right not to be subject to a decision based solely on automated processing – including profiling – (article 22 GDPR)
- the full address (URL) of the accessed website (e. g. https://www.examplepage.uk/examplesubpage.html/)
- browser and browser version (e.g. Chrome 87)
- the operating system used (e.g. Windows 10)
- the address (URL) of the previously visited site (referrer URL) (z. B. https://www.examplepage.uk/icamefromhere.html/)
- the host name and the IP-address of the device the website is accessed from (e.g. COMPUTERNAME and 126.96.36.199)
- date and time
- in so-called web server log files.
- at least 4096 bytes per cookie
- at least 50 cookies per domain
- at least 3000 cookies in total
GENERAL TERMS AND CONDITIONS FOR THE SERVICE CENTRE, THE BASIC ASSET MANAGEMENT SERVICES, THE DIGITAL INSPECTION SERVICES, THE ADVANCED SERVICES AND OTHER (POSSIBLE) SERVICES (COLLECTIVELY REFERRED TO AS “SERVICE HUB”)Status: May 2021
- These General Terms and Conditions (in short “GTC“) are an integral part of your contractual relationship with Palfinger Structural Inspection GmbH, Jakov-Lind-Straße 5, A-1020 Vienna, Austria, Company Register Number FN 373883d (in short “Provider“), concerning the platform of the Provider (in short “Service-Hub”), in which particularly the following services are offered to you, all of which are to be understood as mere support services concerning the practice of your profession, while you remain solely responsible for the corresponding practice and performance of your own work.
- The Service Hub is exclusively aimed at relevant entrepreneurs within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) with a focus on “structural analysis” or “structural damage analysis” (such as civil engineers), and you warrant that you are such an entrepreneur. If you are a consumer as defined by § 1 KSchG, please refrain from using the Service Hub.
- The following services are currently offered as part of the Service Hub:
- (i) Basic Asset Management Services,
- (ii) Digital Inspection Services and the
- (iii) Advanced Services, which build upon the Digital Inspection Services.
- Digital Inspection Services: Within the scope of the Digital Inspection Services, you can upload digital image data, use our related software autonomously and, based on the image data you have stored there, use the Advanced Services, which builds on top of it. As with the Basic Asset Management Services,
- the Digital Inspection Services, together with the Advanced Services which build on them, are merely intended to provide you with a support service in the practice of your profession, and that or so that
- you remain solely responsible for your object inspections and your compliance with the applicable inspection intervals as well as for the identification and classification/qualification of object damages.
- Advanced Services: Within the scope of the Advanced Services, which are built upon the Digital Inspection Services, you can make use of the following services in particular:
- Data Capturing: With the help of Data Capturing, you can have objects (such as infrastructure assets in particular) digitally recorded together with any damage images, such as in particular by terrestrial photography, drone recordings, camera ships, sensor vehicles and moving robots. The relevant providers of Data Capturing Services are generally third parties and the Data Capturing Contract is solely between you and such third party(ies), and is also subject to the application of the terms and conditions of any such third party.
- Digital Twin Creation: On the basis of the image material collected by you with the help of Data Capturing, you can create a digital twin of the corresponding object, i.e. a 3-dimensional model (e.g. as a point cloud or with textures), with the help of the artificial intelligence (AI for short) used by the provider in the context of Digital Twin Creation. The aim of Digital Twin Creation is to provide you with a virtual inspection of the object as well as a corresponding 3-dimensional condition documentation at the time of the corresponding data capturing images to support your professional practice. However, a Digital Twin cannot replace an on-site inspection, especially with regard to possible damages to the object.
- AI Driven Damage Detection: Within the scope of AI Driven Damage Detection, you can use the provider’s AI on the basis of the image material collected by you with the help of Data Capturing to detect possible image-documented damages to the object, namely cracks, exposed rebars, corrosion, spalling and efflorescence (= so-called sintering), or to detect such areas of the object that are possibly affected by such damages. The AI is constantly being further developed in order to improve its detection rate and results. AI Driven Damage Detection cannot replace the on-site inspection of damages; however, it can help to facilitate the accurate investigation of possible object damages.
- 2D/3D Damage Mapping: The AI mentioned above can also be used in the context of 2D/3D Damage Mapping to locate the damage that the AI may detect in the images on the imaged object and highlight it on the imaged object for easier recognition and traceability. 2D/3D Damage Mapping is not a substitute for on-site damage inspection; however, it can help facilitate accurate investigation of potential object damages.
- Registration and Login Credentials
- During the registration process, you and/or your users can either (partially) freely select your log-in credentials (such as, in particular, the password) or you and/or your users will (partially) receive these from the provider (for example, in an email sent to the email address that you and/or your Users have entered during the registration process). In the latter case, you and/or your users may then (partially) change the log-in credentials, and you and/or your users should do so in any case also with regard to the password, in order to ensure that the log-in credentials, in particular the password(s), are known only to you and/or your respective users.
- The log-In credentials may only be used in accordance with the Agreement and the GTC and only for the purpose of accessing the Service Hub and the Service Hub Content. You and/or your users may only share the log-in credentials with employees who are employed by you. The log-in credentials may not be disclosed to any third party (including direct or indirect subsidiaries and other direct or indirect affiliates) or otherwise disclosed to any third party. Any transfer or other disclosure of the log-in credentials is entirely at your own risk, even if you and/or your users are authorised to transfer or otherwise disclose them.
- You and your Users shall keep the log-in credentials secure (for example, by selecting a so-called “strong” password and regularly changing the password accordingly) and safe.
- If it appears necessary in the reasonable discretion of the Provider – in particular from an IT security point of view or to prevent log-in credential misuse or fraud attempts – the Provider is entitled to unilaterally change any log-in credential without prior notice. In such cases, the Provider will notify you and/or your affected User(s) of new log-in credentials via email. If there is no imminent danger, the Provider will endeavour to change the affected log-in credentials in such a way that the interruption of access to the Service Hub as well as the Service Hub Content (in particular also to the own content) due to a lack of valid log-in credentials is kept as short as possible.
- You and your users are obliged to keep the log-in credentials strictly secret. If you or your users suspect that a log-in credential may have become known to a third party, you must inform the Provider immediately in writing, together with an appropriately detailed description of the log-in credentials that may have been affected.
- You are liable, regardless of fault, for any misuse of your log-in credentials and/or the log-in credentials of your users. This applies in particular to your liability for any fees to be paid to the Provider or third parties for the unauthorised access to the Service Hub content, provided that the unauthorised access takes place with log-in credentials that are attributable to you and/or your users. In the event of misuse of log-in credentials, the Provider is entitled to terminate the contract with immediate effect for good cause or to block your access or the access of your Users to the Service Hub and the Service Hub Content. In the latter case, the Provider will endeavour to block your access or your users’ access to the Service Hub and the Service Hub Content only if the Provider has previously requested you to stop the misuse, and in this case, the Provider will also endeavour to inform you of the consequences of not complying with such a request in the same.
- You are required to keep your contact and billing details up to date at all times, in particular to enable the Provider to correspond with you regarding the Service Hub and the Service Hub Content.
- Changes to the Service Hub and the Service Hub Content
- Grant of rights by the Provider to you
- Minimum Technical Requirements
- Proprietary Content and your grant of rights thereto to the Provider
- Further obligations on your part and on the part of your Users
- Access to the Service Hub and the Service Hub Content (“Uptime”)
- Limited warranty and limited liability of the Provider
- Final provisions
General Terms and Conditions of the Knowledge HubAs of: May 2021
- Registration and Login Credentials
- During the registration process, you and/or your users can either (partly) freely select your log-in credentials (such as the password in particular) or you and/or your users receive these (partly) from the provider (for example, in an email sent to the email address that you and/or your users provided during the registration process). In the latter case, you and/or your users can then (partially) change the log-in credentials, and you and/or your users should do so in any case regarding the password, for ensuring that the log-in credentials, such as in particular the password(s), are known to you and/or your respective users only.
- The log-in credentials may only be used in accordance with the contract and the GTC and only for the purpose of accessing the Knowledge Hub and the E-Learning Content. You and/or your users may only pass on the Log-In Credentials to employees who are employed by you. The Log-In Credentials may not be passed on to any third party (including direct or indirect subsidiaries and other direct or indirect affiliates) or otherwise disclosed to any third party. Any passing on and other disclosure of the Log-In Credentials is entirely at your own risk, even if you and/or your users are authorized to make such a passing on or other disclosure.
- You and your users must design the Log-In Credentials securely (for example, by selecting a so-called „strong“ password and regularly changing the password accordingly) and keep them safe.
- If it appears to be necessary in the reasonable discretion of the Provider, in particular from an IT security point of view or for preventing a Log-In Credential abuse or fraud attempts, the Provider is entitled to change any Log-In Credential unilaterally without prior notice. In such cases, the Provider will notify you and/or your affected user(s) of new Log-In Credentials via email. Unless there is imminent danger, the Provider will strive to change the affected Log-In Credentials in such a way as to minimize the disruption of access to the E-Learning Content due to the lack of valid Log-In Credentials.
- You and your users are obliged to keep the Log-In Credentials strictly confidential. If you or your users suspect that a Log-In Credential possibly may have become known to a third party, you must inform the Provider immediately in writing, together with an appropriately detailed description of the Log-In Credentials that may have been affected.
- You are liable regardless of fault for any misuse of your Log-In Credentials and/or the Log-In Credentials of your users. This particularly applies to your liability for any fees to be paid to the Provider for the insofar unauthorized access to the E-Learning Content, provided that the unauthorized access takes place with such Log-In Credentials that are attributable to you and/or your users. In the event of abuse of Log-In Credentials, the Provider is entitled to terminate the contract with forthwith effect for cause or to block your access or the access of your users to the Knowledge Hub and the E-Learning Content. In the latter case, the Provider will endeavor to block your access or your Users‘ access to the Knowledge Hub and the E-Learning Content only if the Provider has previously requested you to stop the abuse, and in this case the Provider will also strive to inform you of the consequences of non-compliance with such a request in the same request.
- You are required to always keep your contact and billing details up to date, in particular to enable the Provider to correspond with you regarding the Knowledge Hub and the E-Learning Content.
- Changes to the Knowledge Hub and E-Learning Content
- E-Learning Certificates
- Provider’s License Grant to You
- Minimum Technical Requirements
- Your Content and Your respective License Grant to Provider
- Further Obligations on Your Part and on the Part of Your Users
- Access to the Knowledge Hub as well as the e-learning content („Uptime“)
- Provider’s Limited Warranty and Limited Liability
- Final provisions