| General Business Terms and customer information |
| TeamSpeak Systems GmbH |
| |
| |
| I. General Business Terms |
| |
| 1. Scope |
| |
| 1.1. These General Business Terms (hereinafter referred to as "General |
| Business Terms" - German abbreviation - AGB]) shall apply to all contracts |
| between TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the |
| register of companies of Munich County Court under the register number HRB |
| 172523 (hereinafter referred to as "TeamSpeak") and the customer concerning |
| the services offered via the websites of TeamSpeak which can be called |
| under the domains teamspeak.com, teamspeakusa.com and myteamspeak.com |
| (hereinafter the first and the second one referred to as "TeamSpeak.com" |
| and the last one referred to as "Myteamspeak.com"; all of them jointly |
| referred to as "TeamSpeak Websites"). |
| 1.2. These General Business Terms shall also apply to all future services |
| or offers to the customer, even if they are not agreed separately once |
| again. |
| 1.3. Deviating, additional General Business Terms of the customer or which |
| contradict these General Business Terms will not be accepted by TeamSpeak |
| so that these will not be included in the contract. This shall not apply if |
| TeamSpeak has approved the inclusion of the customer's General Business |
| Terms. |
| |
| 2. Capacity as an entrepreneur |
| |
| 2.1. All offers of TeamSpeak against payment are exclusively directed at |
| entrepreneurs within the meaning of Section 14 BGB [German Civil Code], |
| which order and use the services of TeamSpeak within the framework of their |
| independent, professional or commercial activity |
| 2.2. TeamSpeak will check the customer's capacity as an entrepreneur before |
| conclusion of the contract concerning services against payment. |
| 2.3. An entrepreneur is each natural person or legal entity or a |
| partnership with legal capacity, which acts while performing its commercial |
| or independent professional activity upon conclusion of a legal |
| transaction, here thus the conclusion of the contract with TeamSpeak. |
| 2.4. A consumer is each natural person, who concludes a legal transaction, |
| here thus the conclusion of a contract with TeamSpeak, for purposes, which |
| can mainly neither be attributed to their commercial, nor their independent |
| professional activity. |
| 2.5. Non-commercial grouping within the meaning of these General Business |
| Terms is each grouping of consumers or each legal entity, whose business |
| activity does not serve to generate profits, in particular legal entities, |
| which pursue a non-profit-making corporate purpose. |
| |
| 3. Scope of contract |
| |
| 3.1. TeamSpeak is the provider of the software solutions "TeamSpeak 3" and |
| "TeamSpeak 3 Software Development Kit" (hereinafter referred to as |
| "software solutions"), which enable the customer to communicate with third |
| parties by speech or text as well as to exchange files. |
| 3.1.1 The software solution "TeamSpeak 3" enables the customer to |
| communicate with third parties by sharing its TeamSpeak-Server address |
| with said third parties. The number of third parties, to which the |
| communication channels can be made available, depends on the licensing |
| by the customer |
| 3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for |
| the integration of the technical solution for the voice transmission |
| and other functions such as Filetransfer, chat function, etc. in own |
| software solutions of the customer. |
| 3.2. The software solutions are offered through the following licence |
| models: |
| 3.2.1 "Unlicensed": Under the licence model "Unlicensed" the software |
| solutions "TeamSpeak 3" and its previous version "TeamSpeak 2" can be |
| used free of charge. The use of the software solution "TeamSpeak 2" is |
| limited to the use of a maximum of two virtual servers with up to 1000 |
| slots, the use of the software solution "TeamSpeak 3" to a virtual |
| server with up to 32 slots. The use is carried out unlimited from the |
| point of view of time. No feedback is given by the virtual server to |
| TeamSpeak. The licence model "Unlicensed" is exclusively available to |
| non-commercial groupings and consumers. |
| 3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): Under the |
| licence model "NPL" the software solution "TeamSpeak 3" can be used |
| free of charge. The use is limited here to two virtual servers with up |
| to 512 slots. The duration of the licence is 6 months. A sub-licensing |
| of slots and virtual servers to third parties is not permitted. The |
| licence model "NPL" is exclusively available to non-commercial |
| groupings and consumers. |
| 3.2.3 Annual Activation/ Single Server" (hereinafter referred to as |
| "AAL"): Under the licence model "AAL" the software solution "TeamSpeak |
| 3" can be used against payment. The use is carried out, depending on |
| the licensing chosen by the customer, between a virtual server with up |
| to 32 slots up to 2 virtual servers with up to 1024 slots. The duration |
| of the licence is one year. A sub-licensing of sots and virtual servers |
| to third parties is not permitted. |
| 3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to |
| as "ATHP"): Under the licence model "ATHP" the software solution |
| "TeamSpeak 3" can be used against payment to an unlimited extent and |
| virtual servers and slots can be sublicensed to third parties. The |
| duration of the licence is one year. |
| 3.2.5 Software Development Kit (hereinafter referred to as "SDK"): |
| Under the licence model "SDK" the software solution "TeamSpeak 3 SDK" |
| can be used against payment for the purpose of integration into own |
| software solutions of the user. The conditions of the licence model |
| "SDK" shall be individually adjusted to the needs of the user and |
| agreed. |
| 3.3. TeamSpeak also mediates server places through TeamSpeak.com, which are |
| offered by third party providers. |
| 3.4. TeamSpeak provides to the customer via TeamSpeak.com the TeamSpeak |
| Software Client (herein after referred to as “Client”). The client is |
| provided for the operating systems Windows, Linux and macOS as well as for |
| mobile devices (iOs or Android). |
| 3.5. TeamSpeak operates a forum via TeamSpeak.com that enables the customer |
| to publish contributions regarding the services of TeamSpeak, in particular |
| questions, suggestions and assessments on TeamSpeak.com in the "Community" |
| zone. |
| 3.6. The customers additionally have the possibility to upload own software |
| programmes onto the TeamSpeak websites, which are compatible with the |
| software solutions of TeamSpeak (hereinafter referred to as "Add-ons") and |
| to offer these to third parties for downloading as well as to download the |
| Add-ons offered by third parties via TeamSpeak.com. |
| |
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| A. Conclusion of Contract |
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| 4. Conclusion of the contract with the acquisition of licences for the software |
| |
| 4.1. A contract will be concluded with TeamSpeak concerning the software |
| solutions of these General Business Terms as described below: |
| 4.1.1 "Unlicensed": The contract concerning the free use of the licence |
| model "Unlicensed" shall be concluded by the downloading of the |
| respective software solution by the customer and the fact that the |
| software solution is made available by TeamSpeak. |
| 4.1.1.1 For this purpose, the customer will press the button on |
| TeamSpeak.com with the inscription "Licensing Overview" and |
| subsequently the button displayed under the description of the |
| licence model "Unlicensed" with the inscription "Download". |
| 4.1.1.2 The customer has the possibility to download and use the |
| software solution without registering or otherwise having to send |
| data to TeamSpeak. |
| 4.1.1.3 A binding contract will be concluded between TeamSpeak and |
| the customer concerning the use of the software solution in the |
| licence model "Unlicensed" when the software solution is |
| downloaded. |
| 4.1.2 "NPL": The contract concerning the free use of the licence model |
| "NPL" shall be concluded as follows: |
| 4.1.2.1 The customer will press the button with the inscription |
| "Licensing Overview" and subsequently the button displayed under |
| the description of the licence model "NPL" with the inscription |
| "Register" on TeamSpeak.com. |
| 4.1.2.2 The customer will press the button on the displayed |
| overview with the inscription "Continue to NPL Application." and |
| confirm the existence of the pre-requisites of a non-commercial |
| grouping or the capacity as a consumer by pressing the button with |
| the inscription "Continue". It will additionally confirm the |
| licence conditions and these General Business Terms by pressing the |
| button with the inscription "I agree". |
| 4.1.2.3 By pressing the "Submit" button the customer will send an |
| offer for the conclusion of the contract concerning the licence |
| model "NPL" to TeamSpeak. Before pressing the button with the |
| inscription "Submit" the customer has the possibility to delete or |
| correct its input or to also interrupt the process by pressing the |
| "Back" button of its browser at all times. |
| 4.1.2.4 The customer will receive a confirmation e-mail from |
| TeamSpeak to the e-mail address entered during the registration |
| process, which confirms the receipt of the customer's offer by |
| TeamSpeak. A contract will not be concluded with the receipt of |
| this confirmation e-mail by the customer. |
| 4.1.2.5 TeamSpeak shall accept the offer of the customer by making |
| the software solution available for downloading. A binding contract |
| concerning the use of the software solution in the licence model |
| "NPL" is hereby concluded between TeamSpeak and the customer. |
| 4.1.2.6 The customer will receive a confirmation e-mail from |
| TeamSpeak to the e-mail address entered during the registration |
| process, in which the essential contents of the concluded contract |
| are summarised. The General Business Terms will also be sent to the |
| customer with this confirmation e-mail. |
| 4.1.3 "AAL": The contract concerning the use of the licence model "AAL" |
| against payment will be conclude as follows: |
| 4.1.3.1 The customer registers for a customer account for |
| TeamSpeak.com: The customer presses the button with the inscription |
| "Sales" and subsequently the button with the inscription "Continue |
| to register for an account." It will complete the displayed |
| registration form and send this by pressing the button with the |
| inscription "Register". |
| 4.1.3.2 The customer will receive an overview of the data entered |
| by it and will be given the possibility to correct or delete these |
| after pressing the button with the inscription "Modify" or to also |
| discontinue the registration process by closing the browser window |
| or pressing the "Back" button of the browser. |
| 4.1.3.3 When pressing the button with the inscription "Confirm" the |
| customer submits a binding offer for the conclusion of a contract |
| concerning the opening of its customer account |
| 4.1.3.4 TeamSpeak shall send a confirmation e-mail to the customer |
| with a confirmation link and a password. |
| 4.1.3.5 TeamSpeak will display the licence models offered to the |
| customer in the customer area of its customer account. With this |
| display TeamSpeak submits a binding offer for the conclusion of a |
| contract with the customer concerning the displayed licence models. |
| 4.1.3.6 The customer will select the licence "TeamSpeak 3 Annual |
| Activation License" requested by it in its customer account and |
| press the button with the inscription ”Add”. By pressing the |
| button ”Add” the customer accepts the offer of TeamSpeak for the |
| conclusion of the contract and a binding contract will be concluded |
| regarding the use of the software solution in the licence model |
| "AAL". |
| 4.1.3.7 The customer will receive a confirmation e-mail from |
| TeamSpeak to the e-mail address entered during the registration |
| process, in which the essential contents of the concluded contract |
| are summarised. |
| 4.1.4 "ATHP": The contract concerning the use of the licence model |
| "ATHP" against payment shall be concluded as follows: |
| 4.1.4.1 The customer will register for a customer account for |
| TeamSpeak.com. The steps of the registration are oriented to |
| Subclauses 4.1.3.1 to 4.1.3.4 of these General Business Terms. |
| 4.1.4.2 The customer will select the licence "TeamSpeak 3 ATHP |
| Application" requested by it in its customer account and press the |
| button with the inscription ”Add”. An invoice for the $50 USD |
| application fee will be generated. Once the customer has paid the |
| application fee, TeamSpeak will send an e-mail to the customer with |
| instructions to complete the application process (as described |
| below). |
| 4.1.4.3 The customer sends to TeamSpeak the completed application |
| form, the signed licence agreement, a copy of the personal identity |
| card or passport of a person, who is entitled to representation as |
| well as the application for trade registration or a business |
| licence or any other document which identifies the customer as an |
| entrepreneur within the meaning of clause 2.3 of this General |
| Business Terms. The documents will be sent to TeamSpeak by e-mail |
| to the e-mail address athps@teamspeak.com or by fax to the fax |
| number +1-619-600-0676. With the sending of the aforementioned |
| documents the customer submits a binding offer for the conclusion |
| of a contract. |
| 4.1.4.4 TeamSpeak will send a confirmation e-mail to the customer |
| to the e-mail address deposited in the customer account, which |
| confirms the receipt of the customer's offer. A contract will not |
| be concluded with the receipt of this confirmation e-mail. |
| 4.1.4.5 TeamSpeak will accept the offer of the customer by making |
| the software solution available for downloading in the customer |
| area of the customer account. A binding contract will be concluded |
| between the customer and TeamSpeak concerning the use of the |
| software solution in the licence model "ATHP" when the software |
| solution is made available. |
| 4.1.4.6 The customer will receive a confirmation e-mail from |
| TeamSpeak to the e-mail address entered within the framework of the |
| registration, in which the essential contents of the concluded |
| contract are summarised. |
| 4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): |
| The contract concerning the use of the licence model "SDK" against |
| payment shall be concluded by the individual contract concluded with |
| the customer. |
| 4.1.5.1 The customer will contact TeamSpeak by e-mail at the e-mail |
| address ts3sdk@teampeak.com or bizdev@teamspeak.com or by telephone |
| under the number +1-619-312-6255. |
| 4.1.5.2 TeamSpeak will send an offer to the customer concerning the |
| services requested by the customer in a text form to the e-mail |
| address entered by the customer. With this e-mail TeamSpeak submits |
| a binding offer for the conclusion of a contract at the conditions |
| described in the e-mail. |
| 4.1.5.3 A binding contract concerning the use of the licence model |
| "SDK" will be concluded through the acceptance of the offer of |
| TeamSpeak by the customer in a text form. |
| |
| 5. Conclusion of contract concerning the mediation of server places |
| |
| 5.1. The customer will be forwarded to the Internet presence of the third |
| party provider via TeamSpeak.com. |
| 5.2. A contract will be exclusively concluded between the customer and the |
| respective third party in the event of the mediation of server places |
| offered by a third party. |
| |
| 6. Conclusion of contract concerning the licensing of the client |
| |
| 6.1. A contract concerning the licensing of the client will be concluded as |
| follows: |
| 6.1.1 The customer will press the button with the inscription |
| “Download” on TeamSpeak.com. The customer will be directed to a |
| sub-domain which shows all available versions of the Client (Windows, |
| Linux and macOS as well as the versions for mobile devices). |
| 6.1.2 The customer will select the version which fits to his needs and |
| will press the button with the inscription “Download” which is |
| displayed next to the version he has chosen. |
| 6.1.3 If the customer choses the versions Windows, Linux or macOS, by |
| pressing the button “Download” the customer submits a binding offer for |
| the conclusion of the contract. A binding contract is concluded if and |
| when the client is successfully downloaded. |
| 6.1.4 If the customer choses a version for mobile devices, the customer |
| will be directed to the internet-shop “Apple AppStore” (iOS) or |
| “Android Market” (Android). The customer gets the possibility to |
| download the client within the terms and conditions of the provider of |
| the respective shop. The customer should inform himself about these |
| terms and conditions in the shop of the third-party provider. |
| |
| 7. Conclusion of contract concerning the upload and download of Add-ons |
| |
| 7.1. TeamSpeak only makes the platform available for the purpose of |
| uploading and downloading Add-ons. The contract concerning the use of the |
| respective Add-On shall be exclusively concluded between the customer, |
| which uploads the Add-On and the customer, which downloads the Add-On. |
| 7.2. In order to upload Add-ons the customer must register for a customer |
| account as a Developer (hereinafter referred to as "Developer Account"). |
| 7.3. For this purpose, the customer will press the button with the |
| inscription "MyTeamSpeak" and on the subsequently displayed subpage the |
| button with the inscription "Register". |
| 7.4. The customer will complete the displayed registration form with |
| details of an e-mail address and a password and press the button with the |
| inscription "Register". |
| 7.5. TeamSpeak will send a confirmation e-mail to the customer with a |
| confirmation link. |
| 7.6. The customer will press the confirmation link contained in the e-mail |
| and will be kept in its customer account under the menu item "Dashboard". |
| 7.7. The customer will press the button in its customer account with the |
| inscription "Become a developer". By entering its name and mobile phone |
| number the customer completes a registration form and presses the button |
| with the inscription "Send confirmation code". |
| 7.8. TeamSpeak will send a confirmation code to the mobile phone number |
| entered by the customer with a limited period of validity. |
| 7.9. The customer will enter the confirmation code in the form field |
| envisaged for this purpose and press the button with the inscription |
| "Confirm". |
| 7.10. In order to download Add-ons the customer does not have to register |
| for a customer account. The downloading is made possible free of charge on |
| the subpage "MyTeamSpeak" and without registration. |
| |
| 8. Conclusion of a contract with the use of the forum |
| |
| 8.1. The customer shall press the button with the inscription "Forum" and |
| subsequently the button with the inscription "Register". |
| 8.2. The customer will complete the registration form displayed after |
| pressing the "Register" button. |
| 8.3. After completing the registration form the customer will press the |
| button with the inscription "Complete Registration". It can correct its |
| data at all times until the "Complete Registration" button is pressed or |
| discontinue the registration by closing its browser window or pressing the |
| "Back" button of its browser. |
| 8.4. The customer will receive a confirmation of receipt from TeamSpeak, |
| which contains a confirmation link. This confirmation of receipt does not |
| represent an offer for the conclusion of a contract by TeamSpeak, but |
| merely serves to verify the customer's data. |
| 8.5. The customer can press the confirmation link and then log-in to its |
| customer account. When pressing the confirmation link the customer submits |
| a binding offer concerning the free use of the forum. |
| 8.6. With the provision of the customer account TeamSpeak accepts the offer |
| of the customer so that a binding contract is concluded. |
| |
| |
| |
| B. Special terms for the aforementioned contracts |
| |
| 9. Licence fees for the software solutions |
| |
| 9.1. Licence fees within the framework of the licence model "ATHP": |
| 9.1.1 A flat rate basic fee as well as use-based regular licence fees |
| are to be paid for the use of the software solution in the licence |
| model "ATHP". |
| 9.1.2 The basic fee is a flat rate of 50 U.S. Dollars and will be due |
| and payable one time upon conclusion of the contract. |
| 9.1.3 The amount of the recurring licence fees for the granting of the |
| licence in the licence model "ATHP" will be determined based on the |
| actual use of the number of slots per calendar day. For this purpose |
| the number of used slots by the virtual server will be transmitted |
| daily to a server operated by TeamSpeak. The customer obligates towards |
| TeamSpeak not to take any measures, which are suitable for preventing |
| this transmission or for changing the transmission result. The regular |
| licence fees will be due and payable ten workdays after receipt of the |
| invoice by the customer. |
| 9.1.4 A minimum licence fee shall be deemed as agreed between the |
| customer and TeamSpeak. For the first year in which the licence is used |
| this is the licence fee for a use of 200 used slots and for each |
| further year in which the licence is used the licence fee for a use of |
| 1000 used slots. If the minimum licence fee is not achieved the |
| customer, nevertheless, has to pay licence fees in the amount of the |
| minimum licence fee. |
| 9.2. Subject to Subclause 9.1 of these General Business Terms or a |
| deviating agreement between the customer and TeamSpeak the licence fees |
| stated in the service specifications for the respective licence model shall |
| be deemed as agreed. |
| 9.3. TeamSpeak is entitled to change the licence fees within the framework |
| of a further development of the software solutions or due to the adjustment |
| to the market situation. |
| 9.4. In the event of a price adjustment a list with the changed prices will |
| be sent to the customer in a text form. |
| 9.5. The customer has the possibility to terminate the licence agreement |
| extraordinarily without notice within a deadline of four weeks beginning |
| with the receipt of the notification described in Subclause 9.4 of these |
| General Business Terms. |
| 9.6. The customer has the possibility to object to the price adjustment |
| within a deadline of four weeks beginning with the receipt of the |
| notification described in Subclause 9.4 of these General Business Terms. In |
| the event of an objection of the customer TeamSpeak is entitled to |
| terminate the contract extraordinarily within a deadline of four weeks |
| beginning with the receipt of the objection by TeamSpeak. |
| |
| 10. Price details and terms of payment concerning the licensing of the software |
| solutions |
| |
| 10.1. All prices or price details stated by TeamSpeak shall always concern, |
| even if an explicit currency detail is missing, US Dollar, insofar as not |
| agreed otherwise between the parties. |
| 10.2. All prices or price details shall be deemed plus the respective |
| applicable value added tax as well as public duties, which possibly |
| continue to be due. |
| 10.3. Only the payment possibilities displayed under the menu item "Pay" |
| are open to the customer with orders via TeamSpeak.com, whereby TeamSpeak |
| explicitly reserves the right to refuse a payment method selected by the |
| customer in the contractual offer. |
| 10.4. In case of orders by telephone or orders sent by e-mail, fax or post |
| the payment by bank transfer is agreed as payment in advance subject to a |
| deviating agreement, whereby the remuneration of TeamSpeak will be due and |
| payable upon conclusion of the contract, i.e. that the customer is obliged |
| to pay the remuneration in advance. |
| 10.5. In the event of the agreement of a payment by invoice the payment |
| will be due and payable within fourteen days from the time when the invoice |
| is received by the customer. |
| 10.6. TeamSpeak is entitled to only carry out or provide still outstanding |
| services against advance payment or provision of security if it becomes |
| aware of circumstances after conclusion of the contract, which are suitable |
| for substantially reducing the creditworthiness of the customer and through |
| which the payment of the outstanding receivables of TeamSpeak by the |
| customer from the respective contractual relationship (including from other |
| individual orders) is jeopardised. |
| |
| 11. Termination of the contracts concerning the licensing of the software |
| solutions |
| |
| 11.1. The contracts have the contractual term stated in the service |
| specifications (hereinafter referred to as "minimum contractual term"), |
| i.e. |
| 11.1.1 The contract concerning the licence model "Unlicensed" has no |
| fixed contractual term. The licence model can be used by the customer |
| at all times as long as TeamSpeak offers this licence model. |
| 11.1.2 The contract concerning the licence model "NPL" has a minimum |
| contractual term of six months. |
| 11.1.3 The contract concerning the licence model "AAL" has a minimum |
| contractual term of twelve months. |
| 11.1.4 The contract concerning the licence model "ATHP" has a minimum |
| contractual term of twelve months. |
| 11.1.5 The contract concerning the licence model "SDK" has the |
| individually agreed minimum contractual term. |
| 11.2. The licence agreement can be terminated by the customer at all times |
| as of the end of the minimum contract term without adhering to a period of |
| notice. TeamSpeak can terminate the licence agreement at all times by |
| adhering to a period of notice in the amount of half the period of the |
| minimum contractual term as of the end of the minimum contractual term. |
| 11.3. The contract will be extended automatically by the minimum |
| contractual term if none of the parties terminates the contract as of the |
| end of the minimum contractual term. With the licence model "NPL" the |
| contract will only be extended automatically if the customer has used the |
| software solution within a period of one month before termination of the |
| minimum contractual term; otherwise the contract will end automatically |
| with the termination of the minimum contractual term. |
| 11.4. The right of both parties to the extraordinary termination shall |
| remain unaffected. |
| 11.5. An extraordinary right of termination for TeamSpeak shall in |
| particular exist, |
| 11.5.1 if the customer is in default with two consecutive invoices |
| regarding the licence payment. |
| 11.5.2 if the customer repeatedly falls short of the minimum licence |
| fee with a contract concerning the licence model "ATHP". |
| 11.5.3 if, despite a warning, the customer repeatedly breaches its |
| obligations from the licence agreement, including these General |
| Business Terms, and the breaches are not insignificant. |
| 11.5.4 if the customer, despite a warning by TeamSpeak, repeatedly |
| breaches its main obligation under this contract and is responsible for |
| the breach. |
| 11.5.5 if the customer has selected the licence models "Unlicensed" or |
| "NPL" without having the capacity as a consumer or non-commercial |
| grouping or this capacity has subsequently ceased to exist. In this |
| case the right is reserved to assert damages. |
| 11.6. Each termination requires a text form. |
| |
| 12. Obligations of the customer concerning the use of the client |
| |
| 12.1. The customer has the obligation and responsibility to make use of |
| data backups at sufficient intervals. TeamSpeak assumes no responsibility |
| for any loss of data resulting from a breach of this obligation. This does |
| not apply if TeamSpeak is responsible for the breach. |
| 12.2. The customer shall make use of virus protection following the latest |
| technical standards. |
| 12.3. Standard software upgrades are free of charge, if and when they |
| become available. The customer has the responsibility to install client |
| upgrades promptly after publication. Otherwise the usability of the client |
| may be restricted. |
| |
| 13. Termination of the contracts concerning the client |
| |
| 13.1. The customer is entitled to terminate this agreement at any time by |
| removal of the client from all devices. |
| 13.2. The mutual right for premature extraordinary termination (also |
| without previous notice) remains unaffected |
| 13.3. Any termination requires the immediate removal of the client. |
| |
| 14. Publication of contributions in the forum |
| |
| 14.1. The registered customer has the possibility to publish contributions |
| via the customer area of its customer account in the "Forum" zone on |
| TeamSpeak.com. |
| 14.2. For the purpose of publishing a new contribution the customer will |
| upload the contribution by pressing the "Post New Thread" button . When |
| replying to the contribution of another customer the customer will press |
| the button with the inscription "Reply To Thread" in order to publish its |
| reply contribution. The contribution will be transmitted to TeamSpeak |
| hereby and published by TeamSpeak on TeamSpeak.com. |
| 14.3. TeamSpeak does not check the contributions before publication. In the |
| event of a reference to the unlawful nature of a contribution TeamSpeak |
| explicitly reserves the right to delete individual contributions. |
| 14.4. The customer undertakes towards TeamSpeak not to publish any |
| contributions, which violate the laws of the Federal Republic of Germany or |
| infringe the rights of third parties. |
| 14.5. The customer shall indemnify TeamSpeak from all rights of third |
| parties, which these assert against TeamSpeak owing to the publication of |
| contributions on TeamSpeak.com by the customer. Subject to the approval of |
| the customer TeamSpeak will not submit any acknowledgements or other |
| legally relevant declarations, which substantiate the asserted claims of |
| the third party. |
| 14.6. The indemnification obligation described in Subclause 14.5 of these |
| General Business Terms shall cease to apply if the circumstances which |
| substantiate the claims of the third party are verifiably due to a grossly |
| negligent or wilful misconduct of TeamSpeak. |
| 14.7. TeamSpeak undertakes to inform the customer immediately of the filing |
| of actions against it or the assertion of claims and to give it the |
| possibility to take over the legal defence. |
| |
| 15. Termination of the user account for the forum |
| |
| 15.1. The customer has the possibility to have its customer account deleted |
| by TeamSpeak at all times. For this purpose the customer will send the |
| deletion request to TeamSpeak in a text form. A termination is also |
| possible towards a moderator of the forum in a text form. TeamSpeak will |
| delete the customer's forum account immediately after receipt of the |
| termination. Contributions published by the customer can be deleted or |
| anonymised at the discretion of TeamSpeak. The contract concerning the use |
| of the customer account will end with the deletion. |
| 15.2. TeamSpeak is entitled to terminate the contract concerning the use of |
| the customer account at all times by adhering to a period of notice of |
| three months to the end of the quarter of a calendar year. |
| 15.3. The right to the extraordinary termination of both parties shall |
| remain unaffected. A right to the extraordinary termination shall in |
| particular exist if the customer, despite a warning, repeatedly breaches |
| its obligations from Subclause 14.4 of these General Business Terms and the |
| breach is not insignificant. |
| 15.4. Each termination shall require a text form. |
| |
| 16. Publication of Add-ons |
| |
| 16.1. If the customer is registered as a Developer it has the possibility |
| to upload Add-ons and therefore offer these to third parties for download |
| free of charge |
| 16.2. In order to upload Add-Ons the customer will press the button with |
| the inscription "Upload Add-ons" in the customer area of its customer |
| account. |
| The customer will transmit the Add-ons uploaded to it by pressing the |
| button with the inscription "Add Addon" to TeamSpeak. |
| 16.3. TeamSpeak publishes the Add-ons on "MyTeamSpeak". |
| 16.4. TeamSpeak does not check the uploaded Add-ons before publication. In |
| the event of a reference to the unlawful nature of an Add-On TeamSpeak |
| explicitly reserves the right to delete individual contributions. |
| 16.5. The customer undertakes towards TeamSpeak not to publish any Add-ons, |
| which violate the laws of the Federal Republic of Germany or infringe the |
| rights of third parties. |
| 16.6. The customer shall indemnify TeamSpeak from all rights of third |
| parties, which these assert against TeamSpeak owing to the publication of |
| Add-ons on TeamSpeak.com by the customer. Subject to the approval of the |
| customer TeamSpeak will not submit any acknowledgements or other legally |
| relevant declarations, which substantiate the asserted claims of the third |
| party. |
| 16.7. The indemnification obligation described in Subclause 16.6 of these |
| General Business Terms shall cease to apply if the circumstances which |
| substantiate the claims of the third party are verifiably due to a grossly |
| negligent or wilful misconduct of TeamSpeak. |
| 16.8. TeamSpeak undertakes to inform the customer immediately of the filing |
| of actions against it or the assertion of claims and to give it the |
| possibility to take over the legal defence. |
| |
| 17. Termination of the customer account as a Developer |
| |
| 17.1. The customer has the possibility to have its customer account as |
| Developer deleted by TeamSpeak at all times. For this purpose the customer |
| will send the deletion request to TeamSpeak in a text form. TeamSpeak will |
| delete the customer's Developer account immediately after receipt of the |
| termination. Add-ons published by the customer will also be deleted |
| immediately. With the deletion the contract will end concerning the use of |
| the Developer account. |
| 17.2. TeamSpeak is entitled to terminate the contract concerning the use of |
| the Developer account at all times by adhering to a period of notice of |
| three months to the end of the quarter of a calendar year. |
| 17.3. The right to the extraordinary termination of both parties shall |
| remain unaffected. A right to the extraordinary termination shall in |
| particular exist if the customer, despite a warning, repeatedly breaches |
| its obligations from Subclause 16.5 of these General Business Terms and the |
| breach is not insignificant. |
| 17.4. Each termination shall require a text form. |
| |
| |
| |
| C. General terms |
| |
| 18. Warranty |
| |
| 18.1. The statutory warranty rights shall apply to consumers. |
| 18.2. The following provisions will apply towards entrepreneurs: |
| 18.2.1 The warranty rights of the customer shall become statute-barred |
| within one year. This shall not apply to culpably caused damages that |
| can be attributed to TeamSpeak from the injury to life, the body or the |
| health and damages caused by gross negligence or wilful intent or |
| fraudulent intent as well as with claims for recourse according to |
| Sections 478, 479 BGB. |
| 18.2.2 A warranty on the part of TeamSpeak is excluded insofar as the |
| defect was suffered due to circumstances, which TeamSpeak caused at the |
| explicit request of the customer. |
| 18.2.3 The liability for damages, irrespective of fault, for initial |
| defects according to Section 536a Par. 1 BGB is excluded. |
| |
| 19. Liability |
| |
| 19.1. TeamSpeak shall be liable in all cases of contractual and |
| non-contractual liability in case of wilful intent and gross negligence |
| according to the statutory provisions. |
| 19.2. In other cases TeamSpeak shall only be liable - insofar as not |
| otherwise regulated in Subclause 19.3 of these General Business Terms - |
| with a breach of a contractual obligation, the fulfilment of which makes |
| the proper execution of the contract possible at all and on the compliance |
| with which the customer may therefore, as a rule, rely upon (so-called |
| cardinal obligation). The liability of TeamSpeak is excluded in all other |
| cases, subject to the regulation in Subclause 19.3 of these General |
| Business Terms. |
| 19.3. Insofar as TeamSpeak is fundamentally liable according to Subclause |
| 19.1 of these General Business Terms, this liability is limited to damages, |
| which TeamSpeak foresaw as a possible consequence of a breach of contract |
| upon conclusion of the contract or should have foreseen when applying the |
| customary care and attention. Indirect damages and follow-up damages, which |
| are the consequence of defects to the service by TeamSpeak, are in addition |
| only capable of compensation insofar as such damages can typically be |
| expected with the use of the service as intended. |
| 19.4. The liability of TeamSpeak for damages from the injury to life, the |
| body or the health and according to the German Product Liability Act shall |
| remain unaffected by the aforementioned liability limitations and |
| exclusions. |
| |
| 20. Offsetting, rights of retention and assignment |
| |
| 20.1. The customer is only entitled to offset against claims against |
| TeamSpeak, which have been declared final and binding or are undisputed. |
| The same shall apply to the assertion of rights of retention. |
| 20.2. The assignment of claims against TeamSpeak to third parties is only |
| possible with the written consent of TeamSpeak. This shall in particular |
| also apply to an assignment of the licence granted by TeamSpeak to third |
| parties. |
| |
| 21. Text form |
| |
| 21.1. Addendums and amendments to the reached agreements between TeamSpeak |
| and the customer including these General Business Terms shall require a |
| text form in order to be valid. |
| 21.2. With the exception of managing directors or authorized signatories |
| the employees of TeamSpeak are not entitled to reach oral agreements, which |
| deviate from these regulations. |
| |
| 22. Applicable law and place of jurisdiction |
| |
| 22.1. German law will apply. With consumers this choice of law will only |
| apply insofar as the protection granted by mandatory provisions of the law |
| of the state of the consumer's customary place of above is not withdrawn |
| hereby (principle of favourability). |
| 22.2. The place of performance for all services from the business |
| relationships existing with TeamSpeak as well as the place of jurisdiction |
| is the registered seat of TeamSpeak, insofar as the user is not a consumer, |
| but a merchant, legal entity under public law or special fund under public |
| law. The same shall apply if the user does not have a general place of |
| jurisdiction in Germany or the EU or the place of residence or customary |
| place of abode is not known at the time when the action is filed. The |
| authorization to also bring the matter before the court at another |
| statutory place of jurisdiction, shall remain unaffected hereby. |
| 22.3. The provisions of the UN Convention on Contracts for the |
| International Sale of Goods will explicitly not apply. |
| |
| |
| |
| II. Customer information |
| |
| 1. Identity of the provider |
| |
| TeamSpeak Systems GmbH |
| Soiernstr. 1 |
| 82494 Krün |
| Phone: +49-8825-920-2000 |
| E-mail: info@teamspeak.com |
| |
| 2. Information regarding the conclusion of the contract |
| |
| The technical steps for the conclusion of the contract, the conclusion of the |
| contract itself and the possibilities for correction are carried out according |
| to clause B. of the General Business Terms (Part I). |
| |
| 3. Contractual language, storage of contractual text |
| |
| The contractual language is German. |
| The full contractual text is not stored by TeamSpeak. Before sending the |
| respective offer the offer data can be printed out or stored electronically |
| through the print function of the browser. With the acceptance of the offer by |
| TeamSpeak the contractual data, the information stipulated by law with distance |
| selling contracts and the General Business Terms will be sent to the user by |
| e-mail once again. |
| |
| 4.Essential features of the goods and services |
| |
| The essential features of the goods and services can be found in the service |
| specifications and the supplementary details on TeamSpeak.com. |
| |
| 5.Prices and payment modalities |
| |
| All prices and payment modalities can be seen during the conclusion of the |
| respective contract as well as above in the General Business Terms (Part I.). |
| |
| 6.Statutory right to liability for defects |
| |
| The statutory rights to liability for defects shall exist towards consumers. |
| |
| 7.Term of contract, termination |
| |
| You can find information relating to the term of the contract as well as the |
| terms and conditions for the termination in the respective service |
| specifications as well as in B. of the General Business Terms. |
| |
| |
| |
| |
| |
| Privacy statement |
| |
| TeamSpeak Systems GmbH |
| |
| 1. Scope |
| |
| 1.1 Please find information below concerning the collection, storage and |
| processing of personal data when using the websites operated by TeamSpeak |
| Systems GmbH under the domains teamspeak.com, teamspeakusa.com and |
| myteamspeak.com (hereinafter the first and the second one referred to as |
| "TeamSpeak.com" and the last one referred to as "Myteamspeak.com"; all of |
| them jointly referred to as "TeamSpeak Websites"), especially but not |
| restricted to the download of the software solutions "TeamSpeak 3" and |
| "TeamSpeak 3 Software Development Kit" (hereinafter referred to as |
| "software solutions"), download and use of the TeamSpeak Software Client |
| (for PC or for mobile devices), participation in the forum as well as the |
| down- and upload of own software programmes onto the TeamSpeak websites, |
| which are compatible with the software solutions of TeamSpeak (hereinafter |
| referred to as "Add-ons") as well as rent of servers. |
| 1.2 Personal data are all data, which can refer back to you personally, |
| i.e. could be associated with your person. These are in particular name, |
| e-mail address, address, telephone number, user behaviour, IP address, etc. |
| |
| 2. Service provider |
| |
| 2.1 The service provider according to Section 13 German Telemedia Act and |
| the responsible body according to Section 3 Par. 7 Federal Data Protection |
| Act is TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the |
| register of companies of Munich County Court under the register number HRB |
| 172523 (hereinafter referred to as "TeamSpeak"). |
| 2.2 The TeamSpeak Websites contain links, by activating which you will be |
| forwarded to the websites of third parties. TeamSpeak explicitly points out |
| that in this case you must inform yourself on the linked website about the |
| collection, storage and processing of personal data by the third party |
| provider, as TeamSpeak has no influence on such a process. |
| |
| 3. Information |
| |
| 3.1 You are entitled to request detailed information from TeamSpeak at all |
| times regarding the data stored and processed relating to your person as |
| well as their origin, the purpose of the storage and processing as well as |
| the recipients or categories of recipients, to whom these data are |
| forwarded. |
| 3.2 Please direct the enquiry for information by e-mail to |
| privacy@teamspeak.com. |
| |
| 4. Revocation |
| |
| 4.1 You can revoke your consent to the storage, collection and processing |
| of your personal data at all times. |
| 4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by |
| e-mail, telephone, post or fax to the contact details stated in the imprint |
| of the TeamSpeak Websites. |
| |
| 5. Use of cookies |
| |
| 5.1 Cookies are stored on your computer when using the TeamSpeak Websites, |
| even if the TeamSpeak Websites are used purely for informational purposes. |
| 5.2 Cookies are small text files, which are stored on your hard disk drive, |
| allocated to the browser used by you, are stored and through which certain |
| information is conveyed to the agency, which places the cookie. Cookies |
| cannot carry out any programme and, above all, not transmit any viruses to |
| your computer either. Cookies serve in particular to design the TeamSpeak |
| Websites more user-friendly. |
| 5.3 If you have a user account for the TeamSpeak Websites , cookies in |
| particular serve to identifying you for follow-up visits to the TeamSpeak |
| Websites. This prevents that you must log-in once again for each visit. |
| 5.4 The TeamSpeak Websites use the following types of cookies: |
| * Transient cookies, i.e. with temporary use |
| * Persistent cookies, i.e. with time-limited use |
| * Third party cookies, i.e. cookies of third party providers |
| 5.5 Transient cookies will be deleted as soon as you close your browser. |
| These shall in particular include the so-called session cookies. Session |
| cookies store a session-ID, with which the enquiries of your browser can be |
| allocated to the session so that your computer can be recognised again by |
| the system when you return to the TeamSpeak Websites. As soon as you |
| log-out or close your browser, all session cookies will be deleted |
| automatically. |
| 5.6 Persistent cookies will only be deleted after a duration that depends |
| on the respective cookie, which goes beyond the session, however no later |
| than two months after the cookie was set. You can delete these cookies |
| yourself at all times in the security settings of your browser. |
| 5.7 In your browser settings, you can adjust the use of cookies |
| individually and also prevent this completely. You can also completely |
| prevent the use of third party cookies. In this case it is, however, |
| possible that you will not be able to use all functions of the TeamSpeak |
| Websites. |
| 5.8 The information stored via cookies will be stored separately from your |
| other personal data and not linked with such data. |
| 5.9 TeamSpeak points out that the third party providers, which collect data |
| by using cookies, also use data regarding the use of the TeamSpeak Websites |
| for user-generated advertising on other websites. TeamSpeak has no |
| influence on this data collection. |
| |
| 6. Informational use of the TeamSpeak Websites |
| |
| 6.1 In case of a purely informational use of the TeamSpeak Websites, |
| TeamSpeak will only collect the data transmitted by your browser, these |
| are: |
| * Your IP address |
| * Date, time and duration of your visit to the respective website of the |
| TeamSpeak Websites |
| * Your user behaviour, i.e. your visit to the TeamSpeak Websites, |
| subpages of the TeamSpeak Websites as well as the order of your visits, |
| clicks carried out as well as time spent on individual pages and |
| subpages |
| * Time zone difference to the Greenwich Mean Time |
| * The access status / http-status code |
| * Concretely transmitted data volumes |
| * Operating system and its interface |
| * Browser as well as language and version of the browser software |
| * The website, from which the request comes |
| When using a mobile device for visiting the TeamSpeak Websites the |
| following data will be additionally stored: |
| * Type of mobile device and its settings |
| * Your location, from where you are accessing the TeamSpeak Websites |
| 6.2 A purely informational use of the TeamSpeak Websites exists if you do |
| not register for a customer account or a forum account, do not make any |
| enquiry via the TeamSpeak Websites, nor download the software solutions or |
| the TeamSpeak Software Client or send any other information regarding your |
| person to TeamSpeak either. |
| |
| 7. Data collection when acquiring licences for the software solutions via |
| TeamSpeak.com |
| |
| 7.1 If you acquire licences for the software solutions via the TeamSpeak |
| Websites, you must create a customer account. An order without an existing |
| or a customer account that is to be newly created is not possible. |
| 7.2 When registering for a user account your data given during the |
| registration process - subject to a deletion of your user account by |
| TeamSpeak that can be carried out at all times upon request by you - will |
| be stored. |
| 7.3 The data transmitted by you will, in particular, be used for the mutual |
| fulfilment of the contract. For this purpose, your data will, if |
| applicable, also be forwarded to the partner that is required in order to |
| fulfil the contract. This is, for example, the payment service provider Pay |
| Pal Inc., 2211 North First Street, 95131 San José, California, USA |
| (hereinafter referred to as "PayPal"). You will find further information |
| relating to the forwarding of your personal data to third parties under |
| Subclause 11 of this privacy statement. |
| 7.4 TeamSpeak additionally uses your personal data for the purpose of |
| marketing and advertising for the services of TeamSpeak. However, without |
| your separate consent information will only be send to you for this purpose |
| relating to services of TeamSpeak, which are similar to the services used |
| by you. |
| 7.5 You have the possibility to have your customer account deleted by us at |
| all times by sending a corresponding request to the e-mail address |
| privacy@teamspeak.com or the data provided in the imprint of the TeamSpeak |
| Websites. If your user account is deleted at your request your data will be |
| deleted immediately, as soon as they are no longer required for the mutual |
| fulfilment of the contract and TeamSpeak is not legally obliged to store |
| that data. |
| 7.6 In order to prevent unauthorized accesses of third parties to your |
| personal data, in particular financial data, the order process will be |
| encrypted per SSL technology. |
| |
| 8. Download of the TeamSpeak Software |
| |
| 8.1 Download of the TeamSpeak Client Software |
| * If you choose a version for mobile devices, you will be directed to the |
| internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The |
| third party provider may collect, store and process your personal data. |
| Please inform yourself about the collection, storage and processing of |
| data by the third part provider, as TeamSpeak has no influence on such |
| a process. |
| * During the download process TeamSpeak itself does not collect, store |
| and process personal data in addition to that stated before. Subclauses |
| 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly. |
| * If you choose to download a version of the TeamSpeak Software Client |
| for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement |
| apply accordingly. TeamSpeak does not collect, store and process any |
| additional personal data from you. |
| 8.2 Download of the TeamSpeak Server Software |
| * By downloading TeamSpeak Server software via Docker, the third part may |
| collect, store and process personal data. Please inform yourself about |
| the collection, storage and processing of data by the third party |
| provider, as TeamSpeak has no influence on such a process. |
| * During the download process TeamSpeak itself does not collect, store |
| and process personal data in addition to that stated before. Subclauses |
| 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly. |
| * If you choose to download a version of the TeamSpeak Software Server |
| for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement |
| apply accordingly. TeamSpeak does not collect, store and process any |
| additional personal data from you. |
| |
| 9. Special terms for the use of the TeamSpeak Software Client (PC) |
| |
| 9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC |
| TeamSpeak possibly collects, stores and processes the following data: |
| * IP address |
| * Used operation system and type (32 or 64 bit) |
| * Data about your behavior (particularly clicks, used menus) |
| * Crash report, if sent by the you (program line, incident, basic data of |
| computer hardware used) |
| 9.2 TeamSpeak uses this data exclusively for quality assurance as well as |
| further development of the software solutions and the TeamSpeak Software |
| Client. The data mentioned above under Subclause 9.1 of this Privacy |
| Statement will not be combined with other personal data stored about you. |
| The data will be anonymized immediately for further use. |
| 9.3 If you do not agree with the collection, storage and processing of the |
| data mentioned under clause 9.1 of this Privacy Statement you can change |
| the status in the field “anonymous statistics” (following the menu items |
| Settings - Options - Applications). |
| 9.4 You can revoke your consent to collect, store and process the data |
| mentioned under clause 9.1 of this Privacy Statement at all times. Please |
| send your revocation by e-mail to privacy@teamspeak.com or by e-mail, |
| telephone, post or fax to the contact details stated in the imprint of the |
| TeamSpeak Websites. All personal data, which can refer back to you |
| personally, will be deleted without undue delay. |
| 9.5 The sending of a crash-report is subject to your separate consent which |
| will be queried separately before you can send the report. You are not |
| obligated to send a crash-report. If you send a crash-report, clause 9.2 |
| and 9.4 of this Privacy Statement apply accordingly. |
| |
| 10. Server rent |
| |
| 10.1 TeamSpeak itself does not collect, store and process any personal data |
| in addition to that stated before. Subclauses 5, 6 and 7.2 and 7.6 of this |
| privacy statement apply accordingly. |
| 10.2 TeamSpeak has no influence on the collection, storage and processing |
| of your personal data by the lessor. Please inform yourself about the |
| collection, storage and processing of data by the lessor. |
| 10.3 If you rent a server of a third party, this contract is just mediated |
| by TeamSpeak. |
| |
| 11. Use of the forum |
| |
| 11.1 The forum can be read without this requiring a registration. In this |
| case it concerns a purely informational use of the TeamSpeak Websites (cf. |
| in this respect Subclause 6 of this privacy statement). |
| 11.2 In order to be able to actively participate in the forum you must |
| register and create a forum account. A user name, a password, your date of |
| birth and your e-mail address are to be entered with the registration. It |
| is not compulsory to use a real name, a use under a pseudonym user name is |
| possible. |
| 11.3 We use the so-called Double-Opt-In-procedure for the registration, |
| i.e. your registration is only completed when you have previously confirmed |
| your registration via a confirmation e-mail sent to you for this purpose by |
| clicking on the link contained therein. If your corresponding confirmation |
| is not carried out promptly, your registration will be automatically |
| deleted from our database. |
| 11.4 The data entered by you with the registration are stored by us and |
| linked with the contents published by you, which are also stored by |
| TeamSpeak. These data are exclusively used in order to operate the forum |
| and to process the contract concluded with you concerning the use of the |
| forum. |
| 11.5 You have the possibility to have your forum account deleted by us at |
| all times by a corresponding request to the e-mail address |
| privacy@teamspeak.com or the data stated in the imprint of Teamsspeak.com. |
| In this case the personal data stored regarding your forum account will be |
| deleted immediately as soon as they are no longer required for processing |
| the contractual relationship concerning the use of the forum and we are not |
| legally obliged to store said data either. Contributions published by you |
| will be displayed anonymised under the marking "guest" after the successful |
| deletion of your forum account |
| |
| 12. Up- and Downloading of Add-Ons |
| |
| 12.1 In order to be able to upload Add-Ons you must register for a customer |
| account as a Developer (hereinafter referred to as "Developer Account"). |
| 12.1.1 During the registration you must submit your e-mail-address, |
| your name and your phone number. |
| 12.1.2 When registering for a developer account your data given during |
| the registration process - subject to a deletion of your developer |
| account by us that can be carried out at all times upon request by you |
| - will be stored. |
| 12.1.3 The data transmitted by you will, in particular, be used for the |
| mutual fulfilment of the contract as well as the assertion of claims in |
| the event that the Add-Ons uploaded by you violate the applicable Law |
| or our General Business Terms. |
| 12.1.4 TeamSpeak additionally uses your personal data for the purpose |
| of marketing and advertising for the services of TeamSpeak. However, |
| without your separate consent information will only be send to you for |
| this purpose relating to services of TeamSpeak, which are similar to |
| the services used by you. |
| 12.1.5 You have the possibility to have your developer account deleted |
| by us at all times by sending a corresponding request to the e-mail |
| address privacy@teamspeak.com or the data provided in the imprint of |
| the TeamSpeak Websites. If your user account is deleted at your request |
| your data will be deleted immediately, as soon as they are no longer |
| required for the mutual fulfilment of the contract and TeamSpeak is not |
| legally obliged to store this data. |
| 12.2 In order to download Add-Ons you do not have to register for a |
| customer account. Subclauses 5 and 6 of this privacy statement apply |
| accordingly. |
| |
| 13. Use of the online enquiry; order by e-mail, fax or telephone |
| |
| 13.1 You also have the possibility to contact TeamSpeak online via your |
| customer account as well as by telephone and by e-mail. |
| 13.2 The data sent or entered by you within the framework of such will be |
| used in order to answer your enquiry and to contact you by telephone or by |
| e-mail for this purpose and, if applicable, for the mutual fulfilment of |
| the contract. If your data are also used for the purpose of the mutual |
| fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement |
| shall apply accordingly. |
| |
| 14. Social networks and services of third parties |
| |
| 14.1 TeamSpeak uses social media plug-ins of the social networks Facebook, |
| Google+, Twitter and YouTube on the TeamSpeak Websites. |
| 14.2 No personal data will be transmitted to the providers of these |
| plug-ins without you clicking on the button of a plug-in - irrespective of |
| whether you place an order. |
| 14.3 If you press the button of a plug-in personal data will be |
| automatically transmitted to the provider of the plug-in and can be stored |
| and used by that provider. Please note that this may be carried out |
| overseas, i.e. in particular in the United States of America. |
| 14.4 TeamSpeak has no full knowledge of the type and scope of the data |
| collection and their use and processing and cannot exert any influence on |
| such processes either. |
| 14.5 If you activate a plug-in the plug-in provider will receive the |
| information that you have activated this on the respective website of the |
| TeamSpeak Websites or the corresponding subpage of the respective website |
| from the TeamSpeak Websites. In addition, the information stated in |
| Subclause 6 of this privacy statement will be transmitted to the plug-in |
| provider. According to the own information of the plug-in provider in the |
| case of Facebook only an anonymised IP address will be collected and |
| transmitted in Germany. |
| 14.5.1 The data collection and transmission described in Subclause 10.5 |
| of this privacy statement is carried out irrespective of whether you |
| have a user account at the respective plug-in provider or not. If you |
| have a user account at the respective plug-in provider and you are |
| logged into this user account at the time, at which you click on the |
| respective plug-in the data transmitted to the respective plug-in |
| provider will be directly allocated to your user account. If you |
| confirm the activated plug-in and e.g. link the page, the plug-in |
| provider will also store this information in your user account and can |
| also notify your contacts to the public. In order to prevent the |
| allocation to your user account at the respective plug-in provider you |
| should log-out from your user account at the respective plug-in |
| provider before clicking the plug-in on the TeamSpeak Websites. |
| 14.5.2 The respective plug-in provider stores the data transmitted to |
| it, irrespective of whether you are also logged-in to your user account |
| at the respective plug-in provider as a rule as user profiles, which |
| are used for the following purposes: |
| * Advertising suitable for the needs |
| * Market research |
| * Optimisation of the websites of the plug-in provider suitable for |
| the needs |
| * Information of other members of the social network about your |
| activities on the TeamSpeak Websites |
| 14.5.3 You are entitled to object to the formation of user profiles |
| with the data collected about you. For this purpose, please contact the |
| respective plug-in provider. TeamSpeak has no influence on the |
| compliance with your objection and is not responsible for this either. |
| 14.6 You can find further relevant information and regarding your rights in |
| this respect in the privacy statements of the plug-in providers as the |
| responsible bodies, which you can call as follows: |
| 14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California |
| 94304 USA - https://www.facebook.com/policy.php |
| 14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview, |
| California 94103 USA - https://www.google.com/policies/privacy/partners |
| /?hl=de |
| 14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San |
| Francisco, California 94103 USA - https://twitter.com/privacy?lang=de |
| 14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno, |
| CA 94066 USA - https://www.google.de/intl/de/policies/privacy/ |
| |
| 15. Forwarding of data to third parties |
| |
| 15.1 TeamSpeak can forward your personal data to third parties if |
| contractually agreed services and conditions are offered together with the |
| third party provider or include its services. In this case TeamSpeak will |
| inform you about the transmission of the data to the third party within the |
| framework of the order process. |
| 15.2 TeamSpeak will also carry out the data processing through external |
| service providers. |
| 15.2.1 These external services providers are carefully selected by |
| TeamSpeak and commissioned in writing. The external service providers |
| involved for the data processing are bound to the instructions of |
| TeamSpeak and are regularly checked regarding the compliance with the |
| data protection and the data security. |
| 15.2.2 The external service providers are not entitled to forward the |
| data to third parties. |
| 15.3 TeamSpeak shall disclose personal data for the assertion of rights or |
| towards regulatory authorities if TeamSpeak is obliged to do so by law. |
| |
| 16. Webtracking |
| |
| 16.1 TeamSpeak uses Google Analytics on the TeamSpeak Websites. Google |
| Analytics is a web analysis service of Google Inc., 1600 Amphitheatre |
| Parkway, Mountainview, California 94103 USA (hereinafter referred to as |
| "Google"). Google Analytics uses cookies, which are stored on your computer |
| and enable an analysis of your user behaviour. The information generated by |
| the cookie is stored by Google also overseas, in particular on a server of |
| Google in the United States of America. |
| 16.2 The TeamSpeak Websites use Google Analytics with the extension |
| "_anonymizeIP ()", i.e. the anonymization function of Google Analytics. |
| This leads to the fact that your IP address will be abbreviated before |
| transmission to the United States of America, as a rule by Google in a |
| state in the European Economic Area. |
| 16.3 The IP address transmitted by your browser within the framework of the |
| use of Google Analytics will not be converged with other data, which Google |
| collected about you. |
| 16.4 You can exclude the storage of the cookies used by Google Analytics by |
| excluding the use of cookies in your browser settings. In this case you can |
| however not use further functions of the TeamSpeak Websites either. |
| 16.5 You also have the possibility to exclude the entry and processing of |
| your personal data by Google by installing the browser plug-in that is |
| available under the following link: |
| http://tools.google.com/dlpage/gaoptout?hl=de |
| 16.6 The use of Google Analytics is carried out in line with the |
| pre-requisites which the German data protection authorities have agreed |
| with Google. |
| 16.7 You can view an overview of the data protection provisions of Google |
| Analytics under this link: |
| https://support.google.com/analytics/answer/6004245?hl=de |
| |
| 17. Data security |
| |
| 17.1 TeamSpeak takes current technical measures in order to guarantee the |
| data security and thus in particular for the protection of your personal |
| data against dangers with the data transmission and the gaining of |
| knowledge by third parties. These measures are adjusted regularly by |
| TeamSpeak to the state-of-the-at technology. |
| 17.2 TeamSpeak will provide you information at all times regarding the data |
| security in the company. Please send your enquiry to privacy@teamspeak.com |
| or to the data referred to in the imprint of the TeamSpeak Websites. |
