Ingenious Technologies_AGB_E_130514
Contents
1. The Client shall accept that all actions taken by using this access data as well shall be regarded as actions taken by itself 4 4 Payment of the remuneration 4 4 1 The Client shall be obliged to pay to Ingenious the agreed remuneration when due subject to the provisions of section 9 hereof INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 2 8 Ingenious Technologies 4 5 Source code and use of the Software 4 5 1 The Client shall have no right to claim surrender of the Software s source code The Client shall not be entitled to obtain access and or change the source code in any way whatsoever Furthermore the Client shall not be entitled to reproduce or alter the Software or to grant third parties access to the contractual Software except for the ag reed purpose of the contract 4 6 Indemnification 4 6 1 The Client shall indemnify Ingenious from any and all claims which may be raised against it by a third party based on an alleged or actual infringement of a right and or any third party rights and undertakes to reimburse Ingenious for any costs which Ingenious may incur due to such claims by a third party Reimbursable costs shall in particular include the costs of suitable leg2. a bank determined by Ingenious hereinafter referred to as Bank This in particular includes the forwarding to the bank of the information about the KPIs confirmed by the Client in the context of the Software Moreover the Software automatically generates payment overviews or journals for the partners and makes them available to the Client in a digital format defined by it 7 1 3 Ingenious will assign and convey a project transaction or identification number to the Client which he shall always refer to in relation to any payment to the bank by indicating the number as the reason for transfer 7 1 4 A prerequisite to using Ingenious pay is the conclusion of a deposit summary account agreement for payment services related to the service of Ingenious pay hereinafter referred to as account agreement with the bank at the banks terms and conditions whereby the Client will become an account co owner of the deposit summary ac count If and insofar as the account agreement no longer exists all the performance obligations of Ingenious in re lation with the use of Ingenious pay shall cease to exist The payment itself is handled by the bank on behalf of the Client 7 1 5 The Client undertakes to provide to Ingenious all information relating to money laundering legislation in due time completely and correctly in terms of content which is required to carry out identity and eligibility checks of the Cli ent or partners who make payments For th
3. and only if the Client proceeds as set forth at 10 2 and 10 3 hereof and if In genious fails to remedy the defect or grant access to acceptable alternatives within the reasonable preclusive time limit A defect of the Software shall be regarded as substantial only if an essential component of the Software does not or basically not function Any notice of termination shall be valid only if made in writing Section 126b of the German Civil Code INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 7 8 12 12 1 12 2 12 3 12 4 13 13 1 13 2 13 3 13 4 13 5 13 6 Ingenious Technologies Confidentiality and data privacy The parties hereto undertake to treat as confidential any and all company and business information and knowledge of the other party obtained in connection with the performance of this contract and to not disclose such information or knowledge to any third party without the prior consent of the other party and to impose an appropriate obligation on its employees and vicarious agents This shall not apply where such information or knowledge is public or al ready known to the receiving party at the time of disclosure This obligation shall contin
4. bank The information is forwarded automatically via the API when the Software is used and in the process Ingeni ous Shall neither act as a representative nor as a messenger but solely as a technical service provider 7 213 The Client shall be responsible for transferring an appropriate and sufficient budget for a campaign to the bank s deposit summary account Ingenious shall not be obliged to ensure or check sufficient funds in the account 7 2 4 If a third party e g a client of an agency deposits the budget in case of any doubt the payment is deemed to be performed by the Client This shall not apply if the third party himself is co owner of the deposit summary account at the bank 7 2 5 To be able to make full use of Ingenious pay it is necessary that the partners to which commissions are to be paid agree with the procedure of disbursement involving the bank as regulated within this terms and conditions It is the Client s responsibility to arrange for an appropriate agreement with the partners This shall also apply if the Client has no direct contractual relationship to the partners e g because the partners are commissioned by the custo mers of the Client 7 2 6 The Client shall advise Ingenious of reference accounts of the partners to which the bank can pay out money if necessary This reference account will be verified by a so called 1 Cent transfer by Ingenious Partners can only take part in Ingenious pay if this verificatio
5. budget paid into the deposit summary account to Ingeni ous by the bank 9 4 Invoices shall be issued at the beginning of the accounting period production and customer support fee or respec tively one a month for the current month transaction fee at which the amount is calculated upon expansions ba sed on the tracking divergent amounts will be considered within following invoices 9 5 The Client shall be obliged to bear travel expenses incurred by Ingenious in the context of this contract after invoi cing by Ingenious 9 6 In the event of default of payment Ingenious shall be entitled to charge interest to the Client at a rate of 8 percen tage points on top of the base rate In the event of default of payment Ingenious shall be entitled to stop carrying out current orders and campaigns until all amounts due have been paid in full 9 7 Any assignment of claims against Ingenious shall require the express written consent of Ingenious 10 Warranty and liability 10 1 The warranty provisions of Section 535 et seq of the German Civil Code shall apply with regard to the granting of the possibility to use the Software The claim for damages regardless of fault in accordance with Section 536a pa ragraph 1 option 1 of the German Civil Code shall be ruled out INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nch
6. Ingenious Technologies GENERAL TERMS AND CONDITIONS as of December 2013 of Ingenious Technologies AG hereinafter referred to as Ingenious Rosenheimer Str 145h 81671 Munchen 1 Scope The following General Terms and Conditions in the version valid at the time a contract is concluded shall apply exclusively to contracts between Ingenious and the contractual partner hereinafter referred to as Client regarding services in the context of the use of the following Ingenious Technologies software Ingenious net Ingenious track Ingenious pay herein after referred to jointly and individually as Software Contradictory terms and conditions of the Client shall not apply unless where Ingenious expressly consents in writing to their application 2 Subject matter and conclusion of the contract 2 1 The subject matter of this contract is technical services in connection with the use of the Ingenious Technologies Software 2 2 An essential part shall be the provision of the Ingenious Technologies Software agreed in each case as follows Ingenious net subject to the provisions of section 5 hereof Ingenious track subject to the provisions of section 6 hereof and Ingenious pay subject to the provisions of section 7 hereof as partial services which can be booked se parately Contracts for Ingenious B Z shall comprise delivery of all partial services subject to the provisions of the sections specified above 2 3 By sen
7. Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 5 8 Ingenious Technologies 7 4 2 The transactions recorded shall be compiled in electronic documents which can be used directly as accounting vouchers depending on the accounting system used by the Client or partner 7 4 3 A prerequisite to the creation of proper vouchers by Ingenious is that the data of all participating partners is up dated by the Client in due time and correctly 7 5 Change of bank and services without the involvement of a bank 7 5 1 During the term of the contract Ingenious shall be entitled to use another bank to discharge the obligations under this contract In that case the Client shall conclude appropriate agreements with the new bank specified by Ingeni ous 7 5 2 Where the parties hereto have agreed to use Ingenious without involving the bank the service provided by Ingeni ous in connection with the use of Ingenious pay shall be restricted to providing the account data determined by the Software to the Client In that case the Client shall itself do the accounting for the campaign 8 Obligations in the case of other service provision contracts 8 1 Where other service provision contracts in particular individual adjustments of the Software training courses support services are agreed Ingenious shall owe work in the period and to the extent agre
8. al action and legal defence 4 7 Training 4 7 1 The Client shall ensure that all people authorized to use the Software esp staff service provider or customers will participate in the technical training offered by Ingenious 4 7 2 If the Client acts for a third party e g as an agency he also agrees to participate in the sales training offered by Ingenious 4 7 3 The costs of the respective training comply with the current price list 5 Ingenious net partnership management The following shall apply in addition where the parties hereto agree the use of Ingenious net 5 1 Use of the Software by the Client 5 1 1 The purpose of using the Software is the management of the Client s partners within a private program or a private network The Software helps the Client manage online advertising campaigns by means of parameters defined by the Client and success related events generated by these parameters hereinafter referred to as KPIs e g sales leads clicks views 5 2 Relationship with the Client s partners 5 2 1 It is the sole responsibility of the Client to select the partners of its private program or private network and to initiate contractually design and carry out a campaign with the respective contractual partner Ingenious shall not itself become a contractual partner of the Client s respective partner 5 2 2 The Client shall manage the online marketing campaigns and the participating partners itself and be responsi
9. ards to customary practice 4 2 3 The Client shall bindingly name at least one contact for Ingenious who shall be authorised and able to make all decisions to be made in the context of this contract and communicate them to Ingenious 4 2 4 It shall be the Client s responsibility to ensure that regular backups are made of the data stored by it when using the Software 4 3 Access and access data 4 3 1 The Client assures that solely authorized and qualified staff referring to section 4 7 gain access to the software 4 3 2 Ingenious shall inform the Client of the individual access data in due time after conclusion of the contract 4 3 3 The Client shall store its access data carefully and protect it against third party access The Client shall accept that all actions taken by using the access data shall be regarded as actions taken by itself The Client shall not be entit led to disclose its access data to a third party 4 3 4 Where the Client with the consent of Ingenious gives access data to a third party e g employees service provi ders or customers the Client shall be responsible for all actions such a third party takes using the access data The Client shall familiarise the third party with the use of the Software explain the meaning of the actions which can be taken oblige the third party to store the access data carefully and protect it against third party access and expressly prohibit disclosure of the access data to other persons
10. ave prevented by taking reasonable measures in particular by making backups of programs and data on a regular basis at least daily Term and termination of the contract The contract shall come into force upon signing The contract is concluded for an indefinite period and can be ter minated at the end of a month by giving 6 months notice unless otherwise agreed individually in writing Ordinary notice of termination before the expiry of an agreed minimum term of contract shall be ruled out Unless otherwise agreed a minimum term of contract of 12 months shall apply The right to terminate the contract without notice for an important reason shall not be affected An important reason for termination by Ingenious shall be in particular if the Client despite a warning fails to discharge its obligation to pay the remuneration the Client falls behind with the payment of the monthly remuneration by an amount equal to the remuneration for two months aclaim is asserted against Ingenious by a third party due to an alleged infringement of a right in connection with its activities for the Client or the Client seriously breaches its contractual duty to cooperate or in the case of a less serious breach of contract fails to stop the behaviour complained about despite appropriate notice An important reason entitling the Client to terminate the contract because of defects of the Software shall exist only in the case of a substantial defect
11. ble for defining both the details of the campaigns e g kind of advertising materials and the terms and conditions in particular KPls for and commissions of the contractual partners in connection with the Software It shall be the so le responsibility of the Client to confirm or reject KPIs If the Client does not confirm the KPIs within 60 days the confirmation shall be fictitious 5 3 Tracking 5 3 1 An element of the Software is the option to track KPIs defined by the Client The tracking system provided by Inge nious in the context of Ingenious net is used for this 5 3 2 The Client undertakes to give its comprehensive cooperation for the tracking In particular the Client shall integra te the appropriate tracking codes container tags on the target pages as scheduled and specified by Ingenious and ensure the permanent and reliable delivery of the tracking codes 5 3 3 If the tracking is not possible for a reason that the Client or one of its partners is responsible for especially becau se the tracking code has not been integrated correctly or because the Clients webserver has not been available for more than 12 hours e g because of a expired SSL certificate changes of the DNS setting or any other shop website or advertising media breakdown caused by the Client Ingenious claim for remuneration relating to Sec tion 9 shall remain unaffected The amount of the remuneration for the period of a tracking breakdown will be cal
12. ble for a reason that the Client or one of its partners is responsible for especially becau se the tracking code has not been integrated correctly or because the Clients webserver has not been available for more than 12 hours e g because of a expired SSL certificate changes of the DNS setting or any other shop website or advertising media breakdown caused by the Client Ingenious claim for remuneration relating to Sec tion 9 shall remain unaffected The amount of the remuneration for the period of a tracking breakdown will be cal culated on the basis of the average over the previous 3 months 6 5 Furthermore the Client shall not do anything which may impair the multichannel tracking and where necessary oblige partners in this respect 6 6 The parties hereto shall inform each other if it becomes apparent that the multichannel tracking is impaired for whatever reason 7 Ingenious pay Payment amp Accounting The following shall apply in addition where the parties hereto agree the use of Ingenious pay 7 1 Essential content of the service and prerequisites to use 7 1 1 Ingenious shall support the Client with the accounting of commissions and the handling of payments agreed in the contracts concluded between the Client and partners or partners between themselves 7 1 2 As a technical service provider of the Client Ingenious shall primarily forward via an interface API the results automatically generated by the Software to
13. culated on the basis of the average over the previous 3 months INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 3 8 Ingenious Technologies 5 3 4 Furthermore the Client shall not do anything which may impair the tracking The parties hereto shall inform each other if it becomes apparent that the tracking is impaired for whatever reason 6 Ingenious track multichannel tracking The following shall apply in addition where the parties hereto agree the use of Ingenious track 6 1 Ingenious track enables the Client to track the results of the online marketing measures agreed with its partners multichannel tracking The details result from the offer 6 2 Ingenious shall acquire the necessary data and provide it in the evaluation tool The Client itself shall be responsib le for setting the parameters in Ingenious track prior to this 6 3 The Client undertakes to give its comprehensive cooperation for the multichannel tracking In particular the Client shall integrate the appropriate tracking codes container tags in all relevant places as scheduled and specified by Ingenious and ensure the permanent and reliable delivery of the tracking codes 6 4 If the tracking is not possi
14. deral Republic of Germany excluding application of the UN Convention on Contracts for the Inter national Sale of Goods shall exclusively govern any dispute between the parties hereto The place of fulfilment and jurisdiction for any dispute arising from or in connection with this contract irrespective of the legal basis shall be Munich Any supplement or amendment to these GTC or the underlying contract shall only be valid if made in writing Sec tion 126b of the German Civil Code This shall likewise apply to any alteration of this provision ngenious Shall be entitled to alter the contractual terms and conditions by giving 28 days prior notice If the GTC are altered the Client shall have a special right of cancellation which shall have to be exercised within one week of receipt of the notice The Client shall be entitled to set off any liabilities under this contract only against such receivables from Ingenious the existence of which has been legally decided or which Ingenious has expressly recognised by a written declara tion Ingenious shall be entitled to assign this contract with all rights and obligations stipulated in it to a subsidiary or sister company Such assignment shall become effective 28 days after notification of the Client Should any individual provision of this contract be or become invalid this shall not affect the validity of the remai ning provisions INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsg
15. ding a written order the Client applies for the conclusion of a contract The subject matter of the application is an offer by Ingenious that includes these GTC An order is accepted by Ingenious following its receipt and review by sending an appropriate notice to the Client or by Ingenious starting to provide the service 3 General rights and obligations of Ingenious 3 1 Ingenious shall provide the services agreed in the respective offer and take the Client s rights legally protected goods and interests into account when providing the services 3 2 Ingenious shall provide the Software as a software as a service solution for access via the internet and shall grant the Client a right of use The scope of performance of the Software results from these General Terms and Conditi ons and the respective offer 3 3 Adjustment of the Software to the Client s specific needs shall be owed only if this is ordered separately and sub ject to the provisions of section 8 hereof 3 4 Ingenious shall be entitled but not be obliged to change the Software in particular to adjust it to technological advance When the Software is changed individual functions may change or no longer be made available Ingenious shall give no less than two weeks written notice Section 126b of the German Civil Code to the Client of essential changes that change the Software s functionality altogether 3 5 If any change is made to the Software this may result in an impair
16. ed The details of the services to be provided by Ingenious result from the respective order and if concluded a separate agreement Ingenious shall owe the provision of the services agreed but not the bringing about of a certain outcome 8 2 Ingenious shall be entitled to use subcontractors to provide services and to exchange both subcontractors and individuals used to provide the service agreed without the express consent of the Client provided this is acceptable to the Client Ingenious cannot derive any rights from any delay which may be caused by such an exchange 8 3 When selecting the persons used to perform the service provision contract Ingenious shall take reasonable account of the Client s interests Ingenious shall be entitled to commission and involve other external services providers to support the performance of a service 9 Remuneration and payment terms 9 1 All prices agreed shall be net prices to which the applicable statutory value added tax shall be added 9 2 Unless expressly agreed otherwise in writing the remuneration with the exception of the transaction fee shall respectively be prepaid prepayment The amount of the transaction fee will be calculated upon the occurrence of KPls as respectively defined by the Client within the software 9 3 If services referring to Section 7 of this terms and conditions Ingenious pay are stipulated the Client agrees that due fees relating to this services are transferred from the
17. en 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 6 8 10 2 10 3 10 4 10 5 10 6 10 7 11 11 1 11 2 11 3 11 4 11 5 Ingenious Technologies The Client shall be obliged to examine the contractual Software and its operability as soon as it is given the possibi lity to use it and to give written notice of any defect together with a precise description of the fault Should the Cli ent fail to give notice the Software shall be deemed to have been approved unless the defect was impossible to detect during the examination The same shall apply by analogy to defects that occur at a later time A prerequisite to default of defect remedy shall be the fixing of a reasonable time limit for fault correction by the Client If the time limit expires the Client shall be entitled to set Ingenious another reasonable preclusive time li mit for fault correction Should Ingenious fail to remedy the defect within that time limit the Client shall be entitled to reasonably reduce the agreed remuneration All time limits shall be fixed in writing Apart from that the provisions of the law regarding contracts of service in accordance with Section 611 et seq of the German Civil Code shall apply with the Client s claims against Ingenious based on defective performance or defects in the provision of the services becoming statute barred six months after the day
18. ericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 8 8
19. is purpose Ingenious is entitled to collect the following personal data from the Client as well as storage and transfer the data to the bank on behalf of the Client INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 4 8 Ingenious Technologies company name legal form company registration number if existing address of place of business or main office street street number ZIP code city country telephone number fax number E Mail address names of the members of the representative body or legal representatives first and last name beneficial owner reference account details bank account number bank code this reference account is used as the account to which the bank can pay out any retransferred money from the deposit summary account less potential fees pro vided that no other payment account has been specified copy of excerpt of the commercial register 7 1 6 Ingenious shall not be obliged to check the results determined by the Software 7 2 Payment handling TZT The handling of payments by the bank is not the subject matter of this contract 7 2 2 By using Ingenious pay and confirming KPIs the Client may if applicable give payment instructions directly to the
20. ment of the use of the Software by the Client Ingenious shall strive to make such changes at night or at the weekend Such changes must result in a temporary interruption or impairment of availability during usual business hours only where this is necessary for technical reasons Non advised non availability times shall be limited to a total of ten hours a month 3 6 Ingenious shall provide to the Client a user manual in the form of a PDF document which describes the essential functions of the contractual Software Any further description of the Software shall not be owed INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge Werner Penk HRB 168208 81671 M nchen 10117 Berlin Vorstandsvorsitz Martin K lsch St Nr 143 107 00496 Eugen Becker Lukas Bennemann USt IdNr DE814087813 Ingenious Technologies F7 Ingenious shall be entitled to advertise in a suitable manner with the fact that the Client has placed an order with Ingenious and to this end shall be allowed to use the Client s logos and similar items in online or offline reference lists even after the end of the contract 3 8 Unless expressly agreed otherwise in writing Ingenious shall be entitled during the term and after the end of the contract to accept and process orders by clients active in the same or similar industry 3 9 Ingenious shall be entitled to assume that any and all paramete
21. n is successful 7 3 Monitoring of the account balances 7 3 1 Ingenious shall check the account turnover and monitor the proper balance of the accounts using the data provided by the bank by making a comparison with the results determined automatically by the Software but at no time shall Ingenious have any right to dispose of the amounts transferred to the respective deposit summary account 7 3 2 The Client shall grant to Ingenious a comprehensive right to read the respective deposit summary account at the bank and ensure that also its customers and as the case may be their partners will grant appropriate rights of in spection to Ingenious if necessary The right shall in particular imply that Ingenious can at any time view the ac count balance and all account transactions of the Client and the partners 7 3 3 Should Ingenious find faulty account transactions the bank and the Client shall be informed along with the transaction file being send A fault shall be in particular if the account transactions do not correspond to the pay ment data determined by the Software 7 4 Accounting 74 1 Ingenious shall unambiguously assign each KPI recorded to the participating partners and represent the respective transactions clearly and in such a way that they can be checked for a certain period of time INGENIOUS TECHNOLOGIES AG Standort Berlin Vorstand Aufsichtsrat Amtsgericht M nchen Rosenheimer Str 145 h Hausvogteiplatz 11 A Christian Kleinsorge
22. on which they have arisen and the Client gains knowledge of the circumstances giving rise to the claim or fails to gain such knowledge due to gross negligence or wilful intent Ingenious and or its vicarious agents and or legal representatives shall be liable only for gross negligence or wilful intent Contractual and non contractual liability for any damage to property financial loss lost profit and conse quential damage caused by a defect suffered by the Client shall be ruled out in the case of slight negligence unless where liability for breach of a cardinal contractual obligation Kardinalpflicht is concerned Cardinal obligations are obligations without the fulfilment of which due performance of the contract would not be possible and upon the fulfilment of which the contracting partner usually relies and can rely In any case of a slightly negligent breach of a cardinal contractual obligation liability shall be limited as regards its amount to the foreseeable damage typical for the contract Apart from that liability shall be ruled out with the exclusion of liability not applying in any case of injury to life body or health of a person and not to liability under the product liability act As a service provider Ingenious cannot be held liable for any damage caused due to technical malfunction or im pairment of the performance of providers or other third parties Ingenious shall likewise not be liable for any da mage which the Client might h
23. rs which the Client itself defines within the Soft ware e g conditions definitions advertising materials and the results automatically created by the Software which are based on them are complete and correct In particular Ingenious shall not be obliged to verify the condi tions and automatic results 4 General rights and obligations of the Client 4 1 Definition of the parameters 4 1 1 The Client shall be responsible for the definition of the parameters necessary to use the Software including part nership management 4 1 2 The Client is aware that the results determined by the Software are based on a fully automatic process taking account of the conditions defined by the Client 4 2 General duties to cooperate 4 2 1 The Client undertakes to support Ingenious in the best possible way and comprehensively in the performance of the contractually agreed services This duty of cooperation shall in particular include the timely hand over of ne cessary information and documents 4 2 2 The Client assures that all information given by him related to this contract is accurate and true This applies parti cularly in the context of the calculation of the accounting based on success with its customer or partner e g defi ning the parameter in compliance with section 4 1 The Client will not conclude any agreement with its customer or partner that might disadvantage Ingenious and its interests against the principle of utmost good faith with reg
24. ue to exist after termination of the contractual relationship All documents handed over to Ingenious by the Client are confidential Ingenious shall keep them carefully and return them to the Client at its request Ingenious shall not have a right to retain these documents Ingenious shall be entitled to make copies for the purpose of preserving findings and evidence Where Ingenious needs to process personal data to provide the services it shall comply with the provisions of the data privacy acts In the context of the cooperation it cannot be ruled out that Ingenious may obtain personal data of the Client s customers or prospective customers Ingenious attaches the greatest importance to the confidentiality and protec tion of data Ingenious observes the principle of data economy and shall delete personal data of the Client s custo mers or prospective customers which it obtains at the latest four weeks after payment of the remuneration agreed for the underlying marketing campaign Ingenious shall protect data in compliance with current standards and technological advance and using encryption methods required by the sensitivity of the data Ingenious shall be enti tled to process data in anonymised form to statistically evaluate marketing measures and in this way contribute to the improvement of campaigns The anonymised data does not allow any inferences to be drawn about the coope ration partner or its customers Final provisions The law of the Fe
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