Exaloan

Privacy Policy

Exaloan
Privacy Policy - ExaloanPrivacy Policy - Exaport & API
Status: August 17, 2023
Table of Contents

Introduction

With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as “data” for short) that we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both as part of the provision of our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “Online Offer”).

Person in charge

Luca Frignani, Exaloan AG
Moselstraße 27 60329 Frankfurt am Main

E-Mail-Adresse: info@exaloan.com

Overview of the processing operations

The following overview summarizes the types of data processed, the purposes of their processing and refers to the data subjects.
Types of data processed
  • Inventory data (e.g. names, addresses).
  • Content data (e.g., text input, photographs, videos).
  • Contact data (e.g. e-mail, telephone numbers).
  • Meta/communication data (e.g., device information, IP addresses).
  • Usage data (e.g., w ebsites visited, interest in content, access times).
Categories of data subjects
  • Communication partners.
  • Users (e.g., website visitors, users of online services).
Purposes of processingt
  • Office and organizational procedures.
  • Contact requests and communication.
  • Contractual performance and service.

Applicable legal bases

In the following, we share the legal bases of the General Data Protection Regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, the national data protection regulations in your or our country of residence and domicile may apply.
  • Consent (Art. 6 (1) p. 1 lit. a DSGVO) – The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.
  • Performance of a contract and pre-contractual requests (Art. 6 (1) p. 1 lit. b. DSGVO) – Processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures carried out at the data subject’s request.
  • Legitimate interests (Art. 6 (1) p. 1 lit. f. DSGVO) – Processing is necessary for the purposes of the legitimate interests of the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for employment purposes (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.

Security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, input of, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data, and responses to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software as well as procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
SSL encryption (https):In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.

Transmission and disclosure of personal data

In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organizational units or persons. Recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
Data transfer within the organization: We may transfer personal data to other entities within our organization or grant them access to such data. Where this transfer is for administrative purposes, the transfer of data is based on our legitimate business and operational interests or is made where it is necessary for the fulfillment of our contract-related obligations or where we have obtained the consent of the data subjects or legal permission.

Use of cookies

Cookies” are small files that are stored on users’ devices. By means of cookies, different data can be stored. The information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was watched.

Cookies are also generally used when a user’s interests or behavior (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to display content to users that matches their potential interests. This process is also referred to as “tracking”, i.e., tracking the potential interests of users. We also include in the term cookies other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).
Insofar as we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration.
Notes on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.
Revocation and objection (opt-out): Regardless of whether processing is based on consent or legal permission, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”).
You can initially declare your objection by means of your browser settings, e.g. by deactivating the use of cookies (whereby this may also restrict the functionality of our online offer).
An objection to the use of cookies for online marketing purposes can be declared by means of a variety of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ or generally at http://optout.aboutads.info.
  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g., website visitors, users of online services).
  • Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (hereinafter: Google). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these web pages, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set, which will prevent the collection of your data during future visits to this website: Disable Google Analytics. For more information on how Google Analytics handles user data, please see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de

Mailchimp

We utilize the services of Mailchimp to manage and distribute our newsletters and email communications. Mailchimp is an email marketing platform provided by The Rocket Science Group LLC, doing business as Mailchimp (“Mailchimp”).

When you subscribe to our newsletter through our website or other means, your email address and possibly other personal information you provide are stored and processed by Mailchimp. This information allows us to send you our newsletters, updates, and other relevant communications.
We want to assure you that we take your privacy seriously. To ensure compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws, we have taken the following measures:
  • Consent: We only add individuals to our newsletter list who have explicitly given their consent to receive our communications. We provide clear opt-in mechanisms and describe the type of content you can expect to receive.
  • Unsubscribe: Every email sent through Mailchimp includes an unsubscribe link, allowing you to easily opt out of receiving further communications from us. If you choose to unsubscribe, your email address will be promptly removed from our newsletter list.
  • Data Minimization: We only collect and process the information necessary for sending our newsletters and relevant communications. We do not share unnecessary personal information with Mailchimp.
  • Data Security: Mailchimp has implemented robust security measures to protect the personal data they process. You can learn more about Mailchimp’s security practices by reviewing their Privacy Policy: https://mailchimp.com/legal/privacy/
By subscribing to our newsletter, you consent to the processing of your personal information by Mailchimp in accordance with their Privacy Policy and for the purposes outlined above. You can find out more about how Mailchimp handles your data and your rights by reviewing their Privacy Policy.
If you have any questions about how your data is processed or about your rights in relation to your personal data, please don’t hesitate to contact us.

Contacting

When contacting us (e.g. via contact form, email, telephone or via social media), the information of the inquiring persons is processed to the extent necessary to respond to the contact requests and any requested measures.
The response to the contact inquiries in the context of contractual or pre-contractual relationships is carried out to fulfil our contractual obligations or to respond to (pre)contractual inquiries and otherwise on the basis of legitimate interests in responding to the inquiries.
  • Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos).
  • Data subjects: Communication partners.
  • Purposes of processing: Contact requests and communication.
  • Legal grounds: Contract performance and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Online conferences, meetings and webinars

We use services, platforms and software from other providers (hereinafter referred to as “third-party providers”) for the purposes of organizing, managing, planning and providing our services. When selecting the third-party providers and their services, we observe the legal requirements.
In this context, personal data may be processed and stored on the servers of the third-party providers. This may involve various data that we process in accordance with this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents.
If users are referred to the third-party providers or their software or platforms in the course of communication, business or other relationships with us, the third-party providers may process usage data and metadata for security purposes, service optimization or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.
Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis of the processing is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the third-party providers has been agreed within this framework. Otherwise, the users’ data is processed on the basis of our legitimate interests (i.e., interest in efficient In this context, we would additionally like to refer you to the information on the use of cookies in this privacy policy.
  • Types of data processed: Inventory data (e.g., names, addresses), contact data (e.g., email, phone numbers), content data (e.g., text input, photographs, videos), usage data (e.g., websites visited, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
  • Data subjects: Communication partners, users (e.g. website visitors, users of online services).
  • Purposes of processing: Contractual performance and service, contact requests and communication, office and organizational procedures.
  • Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), Contractual performance and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Services used and service providers:
  • Microsoft Teams: Messenger and conferencing software; Service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; website: https://www.microsoft.com/de-de/microsoft-teams/group-chat-software; privacy policy: https://privacy.microsoft.com/de-de/privacystatement, security notices: https://www.microsoft.com/de-de/trustcenter; Privacy Shield (ensuring level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000KzNaAAK&status=Active

Provision of the online offer and web hosting

In order to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer, which is generated as part of the use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
E-mail sending and hosting: The web hosting services we use also include the sending, receiving and storing of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for SPAM detection purposes. Please note that e-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. Therefore, we cannot assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data on each access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files may be used, on the one hand, for security purposes, e.g., to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilization of the servers and their stability.
  • Types of data processed: Content data (e.g. text input, photographs, videos), usage data (e.g. web pages visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g., website visitors, users of online services).
  • Legal grounds: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Services used and service providers:
  • Amazon Web Services (AWS): Web hosting and infrastructure services; Service provider: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, USA; Website: https://aws.amazon.com/de/; Privacy Policy: https://aws.amazon.com/de/privacy/?nc1=f_pr; Privacy Shield (guaranteeing the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4&status=Active.Legal grounds: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Planning, organization and auxiliary tools

We use services, platforms and software of other providers (hereinafter referred to as “Third-Party Providers”) for purposes of organization, administration, planning as well as provision of our services. When selecting third-party providers and their services, we observe the legal requirements.
In this context, personal data may be processed and stored on the servers of the third-party providers. This may involve various data that we process in accordance with this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents.
If users are referred to the third-party providers or their software or platforms in the course of communication, business or other relationships with us, the third-party providers may process usage data and metadata for security purposes, service optimization or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.
Notes on legal bases: If we ask users for their consent to use the third-party providers, the legal basis for processing data is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the third-party providers was agreed within this framework. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.
  • Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Communication partners, users (e.g., website visitors, users of online services).
  • Legal grounds: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), Contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not required for the purpose).
If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. That is, the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.
Further information on the deletion of personal data can also be found in the individual data protection notices of this data protection declaration.

Modification and update of the privacy policy

We ask you to regularly inform yourself about the content of our privacy policy. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

Rights of the data subjects

As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 of the GDPR:
  • Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
  • Right to withdraw consent: You have the right to revoke any consent given at any time.
  • Right to information: You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with the legal requirements.
  • Right to rectification: You have the right, in accordance with the law, to request that data concerning you be completed or that inaccurate data concerning you be rectified.
  • Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be erased without delay or, alternatively, to demand restriction of the processing of the data in accordance with the legal requirements.
  • Right to data portability: You have the right to receive data concerning you, which you have provided to us, in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transfer to another controller.
  • Complaint to the supervisory authority: You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, in accordance with the legal requirements, if you believe that the processing of personal data concerning you violates the GDPR.
Status: April 1, 2021
Table of Contents
  1. Introduction
  2. Key Definitions
  3. Availability
  4. Data Obligations
  5. Licences
  6. Confidential Information
  7. Security
  8. Termination
  9. Assignment of Rights
  10. Governing Law

01 Introduction

The use of the application programming interfaces (“API”) and of the web-based application Exaport (“Exaport”), together the “Data Transfer Interfaces” or “DTI” provided by Exaloan AG (the “DTI Provider”) by the user (the “DTI User”) is subject to the below terms and conditions (the “DTI Terms and Conditions”). Exaloan AG may at any time alter these terms and conditions without prior notice by publishing new or amended Terms and Conditions under exaloan.com.
The API and Exaport are discretionary offers provided to DTI Users in connection with Services rendered by the DTI Provider to the DTI User (the “DTI Provider’s Services”). The DTI Provider and the DTI User are referred to each as a “Party” and together the “Parties.”

02 Key Definitions

“Applicable Data Protection Law” means Applicable Law relating to privacy and the processing of personal data, as applicable to the Parties.
“Applicable Law” means any of the following, to the extent that it applies to any person:
  • (a) any and all applicable laws, enactments, statutes, orders, rules, regulations, directives, ordinance or subordinate legislation, any exercise of prerogative and codes of conduct or regulatory policy, whether local, national, international or otherwise existing from time to time, together with any other similar instrument having legal effect in the relevant circumstances;
  • (b) decisions, orders, judgments and decrees of any relevant court, tribunal, Supervisory Authority or ombudsman; and
  • (c) any applicable direction, policy, rule or order that is given by a Supervisory Authority;
in each case as amended, supplemented, superseded or replaced from time to time.
“Confidential Information” means in relation to either the DTI Provider or the DTI User, all information used in or otherwise related to that disclosing Party’s business, customers or financial or other affairs, in each case whether or not marked “Confidential”, and any and all other information clearly designated as “Confidential” by the disclosing person, in each case existing in any form;
“DTI Provider’s Services” means the services provided by the DTI Provider to the DTI User, including but not limited to the listing of loans on its platform Loansweeper®, the Analytics and/or the ECS Toolbox, as the case may be;
“Malware” means any software program or code intended to destroy, interfere with, corrupt, or cause undesired effects on program files, data or other information, executable code or application software macros, whether or not its operation is immediate or delayed, and whether the malicious software is introduced wilfully, negligently or without knowledge of its existence;
“Security Breach” means any unauthorised access, attempted unauthorised access or indication that there is a risk of unauthorised access to or interference with the systems or data owned, held or managed by either the DTI Provider or the DTI User by any Third Party or by a Party in breach of the terms of the DTI Terms and Conditions;
“Security Requirements” means those requirements listed at Schedule 1;
“Supervisory Authority” means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority (including a supervisory authority under Applicable Data Protection Law), board or other body responsible (in the context in which such term is used) for regulating a Party and/or any matters relating to the performance by any Party of its obligations under this Agreement or for collecting, assessing or administrating tax;
“Third Party” means any person other than a Party to the DTI Terms and Conditions, an employee, director, officer or agent of a Party to the DTI Terms and Conditions or any tax authority;

03 Availability

The DTI Provider will provide access to the DTI on an ‘as is’ and zero-fee basis. The DTI Provider provides the DTI on a discretionary basis and does not warrant that the DTI will be uninterrupted, timely, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from using the DTI. Subject to the foregoing, the DTI Provider will use its reasonable endeavours to prevent interruption to the access to the DTI as is reasonably practicable for it to do so. The DTI Provider reserves the right to limit access to and/or use any DTI by various means and using various criteria.

04 Data Obligations

4.1 The DTI User will use reasonable endeavours to ensure that the data provided will be as far as possible without material error.
4.2 The DTI User will only provide data in compliance with Applicable Data Protection Law.
  • (a) The DTI User will use the DTI in compliance with the Security Requirements.
  • (b) The DTI User will only provide data that it is permitted to use.
  • (c) The DTI User will be responsible for providing data in accordance with the scope of its customer’s consent.
4.3. The DTI User will comply with all legal requirements and refrain from creating content that is unlawful or otherwise objectionable, or any content that may be construed as such.

05 Licences

5.1 The DTI are and remain the property of the DTI Provider and are protected by applicable intellectual property laws. Upon successful registration, the DTI Provider grants the DTI User a non-exclusive, non-transferable, revocable and non-sublicensable right to use the DTI to the extent required for the DTI Provider to provide the relevant Services to the DTI User.

06 Confidential Information

6.1 Both Parties will use at least the same degree of care, to safeguard the Confidential Information of the other Party as it employs with respect to its own Confidential Information of a similar nature.
6.2 Neither Party will disclose or use any such Confidential Information other than in connection with, and only to the extent necessary for the performance of its obligations under, or to exercise any rights of licences granted by, the Services.
6.3 Both Parties may disclose Confidential Information:
  • (a) If and to the extent required by Applicable Law or for the purpose of any judicial proceedings;
  • (b) to its professional advisers, auditors (and their advisers) and lawyers; and
  • (c) if and to the extent the information has come into the public domain through no fault of that Party.
6.4 Notwithstanding the expiry or early termination of the DTI Terms and Conditions, the provisions of this Clause 5 will continue to apply to each Party without limit in time.
6.5 The text of any press release or other communication made by either Party to be published by or in the media concerning the subject matter of these Terms will require the approval of both Parties.

07 Security

7.1 Both parties will:
  • (a) be responsible for the security of its own system;
  • (b) not knowingly transmit any Malware through the use of the DTI or introduce Malware into any data or message sent to the other Party or into the other Party’s system;
  • (c) use commercially available and current scanning tools (in line with good industry practice) to scan for Malware.
7.2 On the occurrence of a Security Breach, the DTI User must notify the DTI Provider as soon as reasonably practicable and in any case within forty-eight (48) hours of the DTI User becoming aware of the Security Breach and provide the DTI Provider with all the information it has available to it regarding the data affected by the Security Breach.
7.3 The DTI User is prohibited from, and will not engage, in any of the following activities:
  • (a) reverse engineer, disassemble, reconstruct, or decompile any object code of the DTI, any Exaloan AG test data, the Exaloan AG DTI or any other data provided by the DTI Provider in connection with the DTI (the “Exaloan Content”);
  • (b) attempt unauthorized access to, or use of, the DTI Provider’s services or systems;
  • (c) damage, disrupt, or otherwise negatively affect the operation of the DTI Provider’s services or systems;
  • (d) use any robot, spider, site search or other application to retrieve or index Exaloan Content;
  • (e) collect information about other DTI Users.

08 Termination

The DTI Provider may terminate the DTI User’s access to the DTI without prior notice.

09 Assignment of Rights

No Party other than the DTI Provider may assign, novate or transfer in any way, or charge the benefit of, any of its rights, liabilities or obligations under the DTI Terms and Conditions on a temporary or permanent basis to any Third Party.

10 Governing Law

Each Party agrees that the DTI Terms and Conditions and relationship between the Parties will be exclusively governed by and interpreted in accordance with German law and that all disputes arising out of or in connection with the DTI Terms and Conditions will be exclusively governed by and determined in accordance with German law and (subject to the dispute resolution procedure) each Party expressly and irrevocably submits to the exclusive jurisdiction of the Frankfurt am Main, Germany Courts in relation to all such disputes and any other claim or matter arising under or in connection with the DTI Terms and Conditions.

Schedule 1
Security Requirements

  • a secure connection must be established before data is transferred;
  • each Party will be responsible for the security of its own system;
  • each Party will agree not to transmit any Malware through use of the DTI or introduce Malware into any data or transmission sent to the other Party or introduced into the other Party’s system, and will notify the other immediately after becoming aware that there might have been Malware in any transmission;
  • each Party will use commercially available and current scanning tools (in line with good industry practice) to scan for Malware;
  • the DTI User must conduct regular risk analysis and take steps to update any security measures as needed to remedy any security incidents or identified vulnerabilities and ensure such an incident does not re-occur; and
  • the DTI User will notify the DTI Provider within any specified timescale (or, as a default, as soon as possible after becoming aware) of any actual or suspected security breach of the DTI User’s System

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