Legal Notices - OptiMedis-Cobic UK Limited

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Legal Notices


Website Terms of Use

Read these terms carefully, they're important

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.optimedis-cobic.co.uk ("our website"), whether as a guest or a registered user/member. Please read these terms of use carefully before you start to use the website. By using our website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our website.

Information about us

This website www.optimedis-cobic.co.uk is owned and operated by OptiMedis-Cobic UK Limited ("We" or "Us"). We are a company registered in England and Wales and the company registration number is 05652201. The company's registered office is 5-9 Eden St Kingston upon Thames KT1 1BQ. For the purpose of the Data Protection Act 1998 the data controller is OptiMedis-Cobic UK Limited and the Data Protection Registration Number is Z9316832.

Accessing our website

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period. We restrict access to some parts of our website to members who have registered with us. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website, including the database rights and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We shall have no hesitation in referring any breaches of our intellectual property to our solicitors who shall take action against you with or without notice.

Reliance on information posted

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We offer free legal documents online for members only which are intended to be used as precedents or guide and may not suite your particular situation or client expectations. The legal precedents are provided on an ‘as is’ basis only and if you have any doubts concerning their suitability we advise you seek legal or other professional advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

Our website changes regularly

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy.

By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions concluded through our website

Contracts for the supply of membership and related services formed through our website are governed by our Member Terms and Conditions.

Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

Links from our website

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

Your concerns

If you have any concerns about material which appears on our website, please contact us.


Member Terms and Conditions

Read these terms carefully, they're important

This website (“www.optimedis-cobic.co.uk”) is owned and operated by OptiMedis-Cobic UK Limited ("We" or "Us"). We are a company registered in England and Wales and the company registration number is 05652201. The company's registered office is 5-9 Eden St Kingston upon Thames KT1 1BQ. For the purpose of the Data Protection Act 1998 the data controller is OptiMedis-Cobic UK Limited and the Data Protection Registration Number is Z9316832.

This page sets out the legal contract between the OptiMedis-Cobic UK and You. Please read these terms carefully before you agree to become a member. If you do not agree to these terms and conditions then please leave the website.

Website availability

We will not be liable if for any reason our website is unavailable at any time or for any period. If you choose to become a member you will be asked to provide a user name, and password. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy.

By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website, including the database rights and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We shall have no hesitation in referring any breaches of our intellectual property to our solicitors who shall take action against you with or without notice.

Reliance on information posted

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We offer free legal documents online for members only which are intended to be used as precedents or guide and may not suite your particular situation or client expectations. The legal precedents are provided on an ‘as is’ basis only and if you have any doubts concerning their suitability we advise you seek legal or other professional advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

Our website changes regularly

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Linking to our website

As a Basic Member you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Please refer to the code of conduct above. You must not establish a link from any website that is not owned by you.

As a Premium Member you may link to our home page or your personalised advanced profile page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Please refer to the code of conduct above. You must not establish a link from any website that is not owned by you.

Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Links from our website

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

Your concerns

If you have any concerns about material which appears on our website, please contact us.


§ 1 Information about the collection of personal data

(1) The following information concerns the collection of personal data while using this website. Personal data are all data that can be personally related to you, e.g. name, address, email addresses, user behaviour.

(2) The controller pursuant to Article 4 (7) EU General Data Protection Regulation (GDPR) is OptiMedis-COBIC UK Limited, 5-9 Eden St, Kingston upon Thames KT1 1BQ, This email address is being protected from spambots. You need JavaScript enabled to view it.

(3) When you contact us by email or using a contact form, the data you give us (your email address, your name and phone number if applicable) is stored by us in order to answer your question. When storage is no longer necessary, we will delete the applicable data or restrict the processing of it if legal retention requirements apply.

(4) If we use contracted service providers for individual functions of our web-based services, or if we wish to use your data for advertising purposes, we will inform you below in detail about the respective processes, naming the defined criteria for storage duration.

§ 2 Your rights

(1) You have the following rights towards us with regard to your personal data:

  • Right to information,
  • Right to correction or deletion,
  • Right to restriction of processing,
  • Right to refusal of processing,
  • Right to data portability.

(2) You also have the right to lodge a complaint about our processing of your personal data with a data protection authority.

§ 3 Collection of personal data when you visit our website

(1) If you are only using the website for information and do not register or transmit information to us in any other way, we only collect the personal data which your browser transmits to our server. If you wish to view our website, we collect the following data that are technically necessary for us to display our website to you and guarantee its stability and security (the legal basis is Article 6 (1) sentence 1 lit. f GDPR):

  • IP address
  • Date and time of the enquiry
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status / HTTP status code
  • Quantity of data transferred in each case
  • The website from which the request comes
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

(2) In addition to the data mentioned above, cookies are stored on your PC when you use our website. Cookies are small text files that are saved on your hard drive in association with the browser you use and through which particular information is transmitted to the location setting the cookie (in this case by us). Cookies cannot run programmes or transmit viruses to your computer. They serve to make the internet presence more user-friendly and effective in general.

(3) Use of cookies:

a) This website uses the following kinds of cookies, the scope and mode of operation of which are explained below:

  • Transient cookies (see b)
  • Persistent cookies (see c).

b) Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. They save a so-called session ID that links different enquiries from your browser to a common session. This means that your computer can be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.

c) Persistent cookies are deleted automatically after a set period, which can vary according to the cookie. You can delete the cookies at any time in the security settings of your browser.

d) You can configure your browser settings according to your wishes and, for example, refuse to accept third party cookies or all cookies. Please note that you may not be able to use all the functions of this website.

§ 4 Other functions and offers on our website

(1) As well as the purely informational use of our website, we offer various services that you may use if they interest you. To do so, you must generally provide further personal data, which we use in order to provide the respective service and to which the above-mentioned principles of data processing apply.

(2) We sometimes use external service providers to process your data. They have been carefully selected and commissioned by us, are bound to our instructions and are regularly monitored.

(3) We can also pass your personal data on to third parties if we offer special offer participation, lotteries, contract conclusions or similar services together with partners. You can find more information about this if you enter your personal data or below in the description of the offer.

(4) If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you about the consequences of this in the description of the offer.

§ 7 Revocation or withdrawal of consent to the processing of your data

 (1) If you have agreed to the processing of your data, you can revoke this at any time. After you have pronounced it to us, the revocation influences the permissibility of processing your personal data.

(2) If we base the processing of your personal information on consideration of interests, you can revoke your consent to processing. This is the case, in particular, if processing is not necessary for fulfilment of a contract with you, which is always outlined by us in the subsequent description of the functions. When exercising the right of revocation, we ask you to cite the reasons why we should not process your personal information as we have previously done. In the case of a justified revocation, we will examine the situation and either stop or adjust the data processing or convey to you our protection-worthy and necessary reasons for continuing the processing.

(3) Of course, you can revoke consent to the processing of your personal data for advertising and data analysis purposes at any time. You can inform us of your advertising revocation at the following contact points: This email address is being protected from spambots. You need JavaScript enabled to view it..

§ 8 Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and which enable an analysis of your use of the website. The information about your use of this website generated by the cookie is generally transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will first be shortened by Google within member states of the European Union or other contracting member states of the European Economic Area. Only in exceptional cases will the complete 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 in order to evaluate your use of the website, to compile reports about website activities and to provide further services connected with website use and internet use for the website operator.

(2) The IP address transmitted from your browser within Google Analytics is not connected with other data from Google.

(3) You can prevent the storage of cookies by configuring your browser software accordingly; please note, however, that in this case you may not be able to use all the functions of this website to their full extent. In addition, you can prevent the capture of data generated by the cookie and related to your use of the website (incl. your IP address) for Google and the processing of these data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This ensures that IP addresses are further processed in shortened form, which excludes the possibility of personal association. Any personal connection to the data collected about you will therefore be immediately excluded and the personal data will be immediately deleted.

(5) We use Google Analytics in order to analyse use of our website and regularly improve it. We use the statistics obtained to improve our products and make them more interesting to you as a user. For the exceptional cases in which personal data are transmitted to the USA, Google has committed itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6 (1) sentence 1 lit. f GDPR.

(6) Information about the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http://www.google.com/analytics/terms/de.html; overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, and the Data Protection Statement: http://www.google.de/intl/de/policies/privacy.

§ 9 Use of social media plug-ins

(1)  We currently use the following social media links: Twitter, XING, LinkedIn.

(2) We have no influence on the data captured or the data processing procedures, nor do we know the entire scope of data collection, the purpose of processing or the retention periods. We also have no information about the deletion of the collected data by the linked provider.

(3) You can find more information about the purpose and scope of data collection and processing by the plug-in provider in their data protection statements, which are given below. You can also find further information there on your rights in this regard and the setting options to protect your privacy.

(4)  Addresses of the respective plug-in providers and URLs with their data protection notices:

a)  Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

b) Xing AG, Gänsemarkt 43, 20354 Hamburg, DE; http://www.xing.com/privacy.

c) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has committed to the EU-US-Privacy-Shield, https://www.privacyshield.gov/EU-US-Framework.cess this website.