General Terms and Conditions of Use for Users of the it-sa 365 Digital Platform
1. Platform Operator
Messezentrum 1, 90471 Nuremberg
NürnbergMesse GmbH develops tchnologies and services that are used to enable people and companies in IT security to network with one another and maintain contact throughout the year, in addition to the trade fairs held regularly at the exhibition venue in Nuremberg. NürnbergMesse GmbH is referred to as “NürnbergMesse” or the “Platform Operator” below, and the other party to the Agreement is referred to as the “User”.
The contractual relationship between the Platform Operator and the User will be governed solely by the “General Terms and Conditions of Use for Users of the it-sa 365 Dialogue Platform” (hereinafter the “Terms and Conditions of Use”). The Platform Operator will recognise any general contractual terms and conditions of the User that conflict with or diverge from these Terms and Conditions of Use only if the Platform Operator has given its express written consent to the applicability of such other terms and conditions.
4. Entitlement to use
Users may be legal entities or natural persons. The service is intended solely for “Entrepreneurs” (Unternehmer) as defined in Sec. 14 of the German Civil Code (BGB). An “Entrepreneur” is a natural person, legal entity, or partnership with legal personality who or which, when entering into a legal transaction, acts in the exercise of that person’s, entity’s or partnership’s trade, business, or profession.
5. Formation of contract (registration / confirmation of registration)
A User who wishes to use the platform must register by entering the User’s first and last name, personal email address for business purposes, and a personally chosen password. In addition to these data, further industry-specific information will be required for registration in order to confirm that the User belongs to the IT security sector, such as company name, title, occupation, branch of industry, department or business area, and country where the entity is headquartered. The double opt-in method is used for registration; in other words, the User’s registration will not be complete until the registration is confirmed by clicking a link in a confirmation email sent to the User for this purpose. When the confirmation of the registration is sent, the access data will be released, and the User may log in by way of the “Login” button, using the access data. The aforementioned information is required; the User may include any further information voluntarily in a personal profile to which the User will have access after confirmation. The User’s personal profile on this Digital Platform containing the above information will be accessible for viewing by all registered, logged-in users.
6. Services of the Platform Operator
6.1 The Platform Operator will furnish the following services:
- Granting of technical access for the use of the content of the Digital Platform by way of the User’s log-in account
6.2 The Platform Operator is free to add to, expand, restrict, or otherwise modify its range of services at a later date. In particular, the Platform Operator will be entitled to adapt its range of services to suit the latest technical developments or modify the technical features and functions of the Digital Platform by reason of legislative changes or changes in jurisprudence. If from the perspective of the User such an adaptation not only improves the Digital Platform, but also changes the scope of performance to the detriment of the User, the Platform Operator will notify the User of the adaptation in text form no later than four weeks before making it. Changes in the scope of performance are not permitted if they are unacceptable to the User. They will not be deemed to be unacceptable if the exchanged or modified services or functions can be used by the registered User in a comparable form.
7. Obligations of the User
7.1 The User must provide the necessary technical infrastructure at the User’s own premises, including, without limitation, hardware, software, and a telecommunications connection. If any aspects of the technical infrastructure needed in order to use the Platform Operator’s services are not already explained in the Contract, service lists, or side agreements, the User can obtain the relevant instructions on request.
7.2 To the best of the User’s ability, the User must check that the Platform Operator’s services are being provided properly and must promptly notify the Platform Operator of any malfunctions.
7.3 The User is not to remove, alter, or conceal copyright marks, trademarks, or ownership marks contained in or on the Platform Operator’s services, or make changes to the Platform Operator’s services or products. The same also applies to third-party services and products that the Platform Operator utilises in providing its services to the User (Item 6.). The Digital Platform and the Platform Operator’s or third parties’ products may be used only within the limits set by the laws on copyright, trademarks, patents, brands, and other identifying marks, as well as all other intellectual property rights. Reproduction, editing, dissemination, and any form of exploitation outside those limits are permitted only with to the prior written consent of the respective author or maker.
7.4 If the User actively contributes to the programme on the Digital Platform, the User will be solely liable for the content of the discussions, seminars, specialist articles, or other online events provided by the User by way of the Platform Operator, or by using the Platform Operator’s products. Third parties’ rights of personality must be respected. The User must ensure that no information is disclosed, no statements are made, no files are uploaded, and no content is conveyed that violates applicable law or public morals, or that in particular advocates violence, violates third parties’ rights, or discriminates against persons on grounds of race, ethnicity, gender, religion, or philosophy, disability, age, or sexual identity. The User is prohibited from using the platform’s message function for the purpose of advertising his own events or for sending out mass messages.
7.5 The User undertakes to indemnify the Platform Operator against all third-party claims based on a culpable breach by the User of the obligations set out in Items 7.3 and 7.4. The User must promptly inform the Platform Operator if it detects or should have detected such a breach.
7.7 The User is obligated to keep up to date the data stored in the platform in connection with the registration process and immediately make changes in his account. The Platform Operator will be entitled to remove the User from the platform after a request has been made and a time limit of one month has been granted if the User demonstrably enters incorrect or incomplete data into his profile.
7.8 The User grants the Platform Operator the right to record, in audio-visual form, the User’s person and live lecture formats (e.g. product presentations, workshops, webinars, specialist lectures, etc.), including the presentations the User shows, and to disseminate the recordings and make them accessible to the public on the platform over the Internet. The User warrants that media presented in the User’s lecture formats (e.g. illustrations, films, language, music) are free from third-party rights or may be used on the Digital Platform at no charge, as the case may be. If content copyrighted by third parties is used, the User will obtain the necessary documentation of permission for use in the User’s live lecture format, and will present such documentation on demand. The User agrees to indemnify the Platform Operator against third-party claims of any nature whatsoever that arise from a breach of intellectual property rights and/or copyrights in the User’s lecture. This indemnification obligation will also include the obligation to indemnify the Platform Operator in full for the costs of legal defence (e.g. court costs and lawyers’ fees).
8. License for the Platform Operator
Under the Contract between the User and the Platform Operator, the User will be the owner of the content and information that the User sends to or publishes on the Digital Platform, and grants the Platform Operator and its affiliates a non-exclusive licence for the following:
The universal, transferable, and sublicensable right to use, copy, modify, disseminate, publish, and process information and content provided by the User by way of the Digital Platform of the Platform Operator, without further consent from the User or communication and/or compensation paid to the User or third parties. These rights may be limited or terminated by the deletion of certain content from the Digital Platform by the User, or if the contractual relationship is ended.
9. Use by third parties
9.1 The User must protect the User’s own access to the Platform Operator’s services against unauthorised use by third parties. The User will be liable for any unauthorised use of the User’s access for which the User is at fault. The User must immediately notify the Platform Operator if there is a reasonable suspicion that the User’s access has been used without authorisation.
9.2 The User must pay the agreed prices for the Platform Operator’s services that are provided on the basis of a third party’s use that the User has authorised. The User must also pay such prices for the Platform Operator’s services that are provided as a result of unauthorised use by third parties if the User bears the responsibility for such use.
The Platform Operator will be liable without limitation only in cases of wilful misconduct or gross negligence, or for loss or damage owing to injury to life, limb, or health. In all other cases, the Platform Operator will be liable only
- For breaches of essential contractual duties. Essential duties are duties without the fulfilment of which the Contract cannot be properly performed, and the fulfilment of which the User is regularly permitted to rely upon.
- Insofar as the Platform Operator is required by law to take out liability insurance, or such insurance is customary.
- Insofar as the Platform Operator has made exceptional claims to trust, or holds a qualified position of trust.
- In these cases, however, the Platform Operator will be liable only for foreseeable loss or damage typical of the Contract (and therefore, as a rule, not for consequential loss or damage) and in such cases, only up to a maximum of EUR 100,000 per instance of loss or damage. The liability limitation will apply only vis-à-vis Entrepreneurs, legal entities under public law, and special funds under public law. Otherwise, there will be no liability for ordinary or slight negligence. This liability limitation will also apply to the conduct of the Platform Operator’s assistants and vicarious agents. In particular, NürnbergMesse offers no warranty or guarantee concerning the Digital Platform, and does not warrant that services will be uninterrupted or free from error.
11. Rights of use
11.1 The services offered by the Platform Operator, including, without limitation, the services made available by way of entities and contributors, such as lectures, documentation, webinars, video recordings, audio recordings, PowerPoint presentations, specialist articles, white papers, etc., are as a rule trademarked or copyrighted.
11.2 Any recording, reproduction, dissemination, or other commercial use by the User of the offered services are not permitted unless both the Platform Operator and the contributing entity or individual have given their express consent to such use.
The User may use the Digital Platform at no charge.
13. Data protection
13.1 If the User uses the Digital Platform, the Platform Operator will store the data it needs in order to perform the Agreement until the User finally cancels access. NürnbergMesse will continue to store the voluntary data provided by the User for the period during which the User uses the Digital Platform, unless the User requests erasure before then. The User may manage and change all information within the User’s protected personal sphere. The legal basis is Article 6 (1) (b) of the EU GDPR.
13.2 The Platform Operator wishes to point out that the personal data provided by the User at the time of registration may be processed for purposes of statistical analysis for market research, for notifications (via email about future events on the same or related topics), and for customer loyalty schemes (e.g., for providing loyalty advantages, invitations to events) (Art. 6 (1) (f) EU GDPR). The User may object to this usage at any time. You can find additional information about data protection, particularly about the exercise of your rights as a data subject and your contact opportunities, at https://www.itsa365.de/en/data-protection. These data will be released to Service Partners of NürnbergMesse GmbH only to be processed for the aforementioned purposes.
13.3 The Platform Operator points out that the personal data provided by the User at registration may be processed by the Platform Operator to contact the User via the message function for the purpose of providing information about events, information about new content, and other platform-related information (Art. 6 (1) (f) EU GDPR).
13.4 The Platform Operator points out that the data provided by the User at registration (particularly interests, goals, corporate segment, corporate division, professional title, country, language) will be used to enable other users to locate the User by way of filter options and contact each other. The Platform Operator also points out that the interests indicated by the User at registration will be used to provide individual content in the personal section. The legal basis is Art. 6 (1) (b) EU GDPR.
13.5 The Platform Operator points out that the email address indicated by the User at registration may be used for the purpose of attributing the User to an existing, active company profile. The legal basis is Art. 6 (1) (b) EU GDPR.
13.6 If the registered User registers for a product presentation, webinar, and workshop or the like (Action) of one or more enterprises, the information provided at registration (last name, first name, company, country, title of the User, and email address) will be transmitted to the respective enterprise for the purpose of providing support to customers and prospective customers and for the provision of offered services, regardless of whether the enterprise in question is based in Germany, the EU, or other third countries.
The same applies to an Action organised by the Platform Operator and carried out by an expert or an enterprise. Also in this case, the aforementioned information provided by the User at registration may be transmitted to the respective expert or enterprise for the purposes stated above. The User’s registration for an Action is voluntary and will not take place without further action on the part of the User. The data will be transmitted to the respective enterprise only if the User registers for an Action. The legal basis is Art. 6 (1) (b) EU GDPR.
13.7 If the registered User downloads a white paper, presentation documents, product flyers, or other similarly labelled documents made available by an enterprise or if the registered User calls up records of Actions, his data provided at registration, i.e., last name, first name, company, and email address, will be transmitted to the respective enterprise for the purpose of providing support to customers and prospective customers and for the provision of offered services, regardless of whether the enterprise in question is based in Germany, the EU, or other third countries The downloading of documents is voluntary and will not take place without further action on the part of the User. The legal basis is Art. 6 (1) (b) EU GDPR.
13.8 If a registered User takes part in an Action (product presentation, webinar, workshop, etc.), the User’s information provided at registration, i.e., first and last names, company and email address, will be released to the service provider engaged to provide technical implementation (avodaq AG, Wendenstrasse 21 b, 20097 Hamburg), insofar as this is necessary in order to conduct the Action. Of course, the contractual arrangements required by data protection laws have been made with this service provider. The legal basis is Art. 6 (1) (b) EU GDPR.
13.9 If the registered User participates in an Action (product presentation, webinar, workshop, or the like) or contacts other participants using the message function, his first name and last name will be visible to the other participants of the given Action. There is also a possibility that a message will be read aloud and recorded within the Action so that the first name and last name of the User and the content of the message will be visible and audible to the other participants of the given Action. In special Actions, moreover, it is also possible that the registered User will be able to participate by way of camera and sound. In this case, his image will additionally be visible and his voice audible to the other participants. The same applies to direct communications with other participants by way of chat or video chat. The aforementioned options enable the participants to network among themselves and interact with each other. Herein also lies the legitimate interest of the Platform Operator (Art. 6 (1) (f) EU GDPR). Of course, the User has the right to object to this processing. The manner in which the User can assert this right is governed by Item 13.10.
13.10 Every User has the right to lodge a complaint about this data processing with the pertinent supervisory authority for data protection, and subject to the requirements of law, may demand access, rectification, erasure, or restriction of processing, object to processing, or assert the right to data portability. NürnbergMesse GmbH or its Data Protection Officer will be glad to answer any questions. You can find further information about data protection, particularly including contact opportunities, at https://www.itsa365.de/en/data-protection.
14. Place of performance, jurisdiction and venue, prevailing language
The place of performance is Nuremberg. This also applies for the jurisdiction and venue if the User is a “merchant” (Kaufmann) as defined in German law or a legal entity under public law, or has no general place of jurisdiction and venue in Germany. The Platform Operator is also entitled to bring action against the User at the User’s general place of jurisdiction.
The Contract will be governed by German law. In the event of any discrepancy between the German original version of these User Terms and Conditions and any foreign language translation, the German version will prevail.
15. Severability clause
Should these Terms and Conditions of Use be legally invalid in part, or contain an omission, the validity of the remaining provisions and of the Agreement itself will be unaffected thereby. In such a case, the parties agree to replace the invalid provision, or to remedy the omission, with a provision that can most closely achieve the economic purpose intended by the parties.