Terms of Use

1. Scope

1.1. Any use of this web site provided by Engineered Materials Solutions (EMS) is subject to these terms of use (“Terms of Use”). These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the EMS Web Site, these Terms of Use are accepted in their then current version.

1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

2. Services 

2.1. This EMS Web Site contains specific information and software, as well as – in specific instances – related documentation, for viewing or downloading. 

2.2. EMS may stop the operation of the Web Site in full or in part at any time. Due to the nature of the internet and computer systems, EMS cannot accept any liability for the continuous availability of the Web Site.

3. Registration, Password

3.1. Some pages of the EMS Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. EMS reserves the right to deny registration to any User. EMS particularly reserves the right to change certain sites, which were previously freely accessible, so that they are subject to registration. EMS is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User – uses false data for the purpose of registration; – – violates these Terms of Use or neglects its duty of care with regard to User Data; – violates any applicable laws in the access to or use of the EMS Web Site; or – did not use the EMS Web Site for a long period of time.

3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to EMS, is current at all times and an address at which the User can be contacted. 

3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the User shall promptly change the password received from EMS into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify EMS thereof without undue delay in writing, or, as the case may be, by e-mail. 

3.5. After receipt of the notice under paragraph 3.4, EMS will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to EMS or upon new registration.

3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event EMS will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1. The use of any information, software and documentation made available on or via this EMS Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with EMS. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

4.2. EMS owns all rights, title interest, and/or licenses to the software, images, documentation, and/or all other information on this EMS Web Site and all content thereon. As a condition for use of the EMS Web Site, should the User post, provide, and/or transfer any software, images, documentation, or other information to the EMS Web Site, the User assigns and transfers all rights, title, interest and license in same to EMS. EMS grants User a personal non-exclusive and non-transferable license, which may not be sublicensed, to use the software, images, documentation, and all other information made available to the User on or via this EMS Web Site, for the User’s own non-commercial use (i.e., outside the User’s commercial activities with EMS), to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by EMS in making same available.

4.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case EMS shall make the source code available in return for the payment of costs.

4.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5. This EMS Web Site may contain confidential and/or proprietary content of EMS that is protected by copyright and other laws respecting proprietary rights, including the software, images, documentation, and/or all other information on this EMS Web Site and all content thereon.. EMS retains all rights in the EMS Web Site, and such confidential and/or proprietary content, including (without limitation) all copyright, derivative rights, and other proprietary rights, on a worldwide basis, also including, but not limited to, patents, know-how, and trademarks. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

5. Intellectual Property 

5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the EMS Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used or modified in any other way without the prior written permission of EMS.

5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded. 

5.3. EMS may, without charge, use any ideas or proposals, images, software, or other information stored by a User on the EMS Web Sites for the development, improvement and sale of its products.

6. Duties of the User

6.1. In accessing or using the EMS Web Site the User shall not – harm other persons, in particular minors, or infringe their personal rights; – breach public morality in its manner of use; – violate any intellectual property right or any other proprietary right; – upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; – transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or – distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2. EMS may deny access to the EMS Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks The EMS Web Site may contain hyperlinks to the web pages of third parties. EMS shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as EMS does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

8.1. (a) EMS make no representations or warranties regarding the accuracy or completeness of this EMS Web Site’s content. Except as specifically provided in this Agreement, this EMS Web Site and its content therein, are provided to User “as is”. EMS make no other representation or warranty, either express or implied. EMS do not warrant the accuracy, completeness, performance, currency, merchantability, or fitness for a particular purpose of this EMS Web Site or the content it contains or the method of delivering that information to User. Insofar as any software, images, documentation and/or all other information is made available at no cost, any liability for defects as to quality or title of the software, images, documentation, and all other information, especially in relation to the correctness or absence of defects or the absence of claims, or third party rights or in relation to completeness and/or fitness for purpose, are excluded. EMS disclaims all responsibility for any loss or claim of any kind resulting from, arising out of, or any way related to (a) errors in or omissions in this EMS Web Site, including technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in any of this EMS Web Site’s content, (c) the unavailability of this EMS Web Site, (d) any use of this EMS Web Site or any content contained therein, (e) any use of any equipment or software in connection with this EMS Web Site, or (f) any reliance on the information contained in this EMS Web Site, even if advised of the possibility of such damages. In no event shall EMS, or its or their respective officers, directors, employees, shareholders, agents, or representatives, be liable to User or any other person for any special, indirect, incidental, exemplary, punitive, or consequential damages or loss of goodwill in any way arising from or relating to the use of or inability to use this EMS Web Site, even if EMS has been notified of the possibility of such damages. In no event may User bring any claim or cause of action against EMS more than one (1) year after such claim or cause of action arises.

8.2. The information on this EMS Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses

9.1. The liability of EMS for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of EMS is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence. 

9.2. Although EMS makes every endeavor to keep this EMS Web Site free from viruses, EMS cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.

Data protection

In accordance with § 4g BDSG the representative must make the information for data protection prescribed in § 4e BDSG available in suitable form upon application. We hereby directly comply with this obligation and forego the individual application on your part.

1. Name or company of the responsible location (§ 4e, Para. 1 BDSG)
   Wickeder Westfalenstahl GmbH
2. Owner, Board of Directors, Managing Director or other legal Director appointed according to the conditions of the company and those persons appointed with managing data processing (§ 4e, Para. 2 BDSG):
   Managing Director: Dr. Christian Wittneven, Andreas Braun
   Head of Data Processing: Dieter Riewe
   Data Protection Representative: Rolf Ludwig
3. Address of the responsible location (§ 4e, Para. 3 BDSG)
   Hauptstrasse 6, 58739 Wickede (Ruhr)
4. Purpose of data collection, processing or usage (§ 4e, Para. 4 BDSG):
   Data collection, processing or usage serves for the operation of a cold rolling mill and the sale of the products produced there.
5. Description of concerned groups of persons and the data or data categories in this case (§ 4e, Para. 5 BDSG)
   Data will be collected, processed and used primarily from the following groups of persons:
   • Client data (address information, bank information, liquidity and credit rating information – if applicable)
   • Supplier information (address information, bank information, quality data – if applicable)
   • Employee information for personnel administration, development, management, invoicing, as well as from pensioners)
   • Applicants (primarily application information, information about the professional career, training and qualifications, possibly previous convictions)
   • Emergency contact information of chosen persons e.g. the employee that should be contacted in an emergency
   • Data of interested parties (address information, product interest, projects)
   • Business partners (address information, product interest, projects)
   • Sales representatives/agents (address, business and contract data; contact information)
   • insofar as these are necessary to fulfil the purpose stated in 4.
6. Recipient or categories of recipients to whom the data could be shared with (§ 4e, Para. 6 BDSG)
   • Public authorities that receive the data based on legal regulations (i.e. social insurance providers, tax authorities)
   • Internal bodies that are involved in carrying out the respective business process (i.e. personnel administration, accounting, purchasing, marketing, sales, telecommunications and EDP)
   • External contractors (service companies) complying with §11 BDSG
   • Additional external authorities i.e. credit institutions (wage payments)
7. Standard terms for data deletion (§ 4e, Para. 7 BDSG)
   Data deletion takes place after the legal, statutory requirement or contractual retention period has expired. Data that is not subject to the retention period will be deleted after the discontinuation of the purpose described in 4. Shorter deletion terms will be used in particular areas (i.e. in the personnel administration department, for example, declined applications or warning notices). Insofar as data is not affected hereby it will be deleted if the purpose stated under 5. has ceased.
8. Planned data transfer to third countries (§ 4e, Para. 8 BDSG)
   Transfer to third countries does not take place at the time being.

Wickeder Westfalenstahl GmbH
Data Protection Representative

Wickede, June 8, 2009

Wickeder Westfalenstahl GmbH
Data Protection Representative
Wickede, June 8, 2009

This English translation has been done with greatest care. However, we cannot be held liable for the precision and correctness of the translation. If in doubt, the original German version shall prevail.

Wickeder Westfalenstahl GmbH
Datenschutzbeauftragter
Wickede, 8. Juni 2009