liscense

This Privacy Notice describes our privacy practices regarding the collection, use, and disclosure of personal data about you through this proscenic USA web site.

Effective Date: March 08, 2017

proscenic Commitment to Data Privacy Protection

Protecting the security and privacy of your personal data is important to proscenic. We hope the policy outlined below will help you understand what data may be collected, how that data may be used and safeguarded, and with whom the personal data may be shared by the various proscenic companies in the USA (“proscenic USA”).

Personal data

Through our internet sites, proscenic USA will not directly collect any personal data about you (such as your name, address, telephone number or e-mail address), unless you voluntarily choose to provide it (such as by registration, survey or order placement), or unless otherwise required by applicable laws and regulations. From time to time, we may collect personal data about you indirectly from sources other than through our own internet sites. The personal data that we collect from various sources may be combined.

Data Collected Automatically

When you access our internet sites or use our mobile applications, we may automatically (that is, not by registration) collect additional data (such as type of Internet browser, IP address, and operating system used, domain name of the internet site which directed you to our site, number of visits, average time spent on the site, pages viewed, information on your interaction with the site). We may use this data and share it with our worldwide affiliates or third parties to monitor the attractiveness of our internet sites and mobile applications, improve the performance or content, tailor content for you or for other marketing purposes.

Purpose of Use; Sharing

We may use your personal data to offer the site’s services and functions, to administer your use of the site, to respond to your inquiry or request, to process your order or to provide you with access to specific information or offers, to verify your identity, as well as to support our existing or potential customer relationship with you. proscenic may store and process personal data (on our own or via a third party on our behalf) and share it with our worldwide affiliates (meaning entities controlled by, controlling, or under common control with proscenic) to understand better your business needs and how to implement and improve our business practices, products and services. We (or a third party on our behalf) may use personal data to contact you about an offer in support of your business needs or to conduct online surveys to understand better our customers' needs. We may collect, use, disclose, and share your personal data:

•\tas provided herein;

•\twith your consent,

•\twhere it is necessary to carry out your instructions;

•\tto prepare, negotiate or perform a contract with you;

•\tas reasonably necessary to provide our features and functionality to you;

•\tto create and administer your account;

•\tto verify your identity in connection with the other purposes listed here;

•\tto communicate with you regarding employment;

•\twhen we reasonably believe it is required by law or governmental or judicial authorities;

•\tas reasonably necessary to enforce our Terms of Use, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on proscenic’ information technology systems, or protect the rights of proscenic or others;

•\tfor those purposes that were identified at the time the data was collected; and/or

•\tfor any additional purpose that is directly related to the original purpose for which the personal data was collected.

We may employ third party companies and individuals to host or support our Internet sites, applications, or the services to which they relate. These third parties may have access to your personal data to perform such tasks. We do not sell or otherwise market your personal data to other third parties, except as described.

To the extent required to help us fulfill your orders or requests, we may share personal data with others, such as our business partners, postal/logistics companies, or customs agents/authorities.

We may transfer your personal data and process it outside your country of residence. We may transfer your personal data if we sell or transfer all or a portion of our business or assets, including to any successor company whether via merger or otherwise.

\"Cookies\" - Information Stored Automatically on Your Computer or Device

When you view one of our Internet sites, we may store some data on your computer or device in the form of a \"cookie\" to recognize automatically your computer or device the next time you visit. Cookies can help us in many ways, such as by allowing us to tailor an Internet site to match your interests better or to store your password to save you having to re-enter it each time. By visiting our sites, you consent to the placement of cookies in your browser and device in accordance with this Privacy Policy. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your device or computer hard drive, to block all cookies, or to receive a warning before a cookie is stored. If you do decide to block cookies, you may not be able to take advantage of all of the site features.

To the extent that our internet sites do collect personal data about an individual’s online activities, these sites may, in our discretion, be configured to allow collection of such personal data over time and across different Internet sites.

Use of Third Party Analytics

Our Internet sites use a variety of third party analytics in order to improve the site, identify errors, and/or customize the information included in the site. In order to exclude your computer or device from the data aggregation and analysis by third parties due to your visit to this Internet site, a cookie will be placed on your machine. While the cookie contains no personal data, it enables third parties to recognize your preference. To manage your preferences regarding the analytics cookie

Marketing

In addition, we may advertise using online marketing technology. In doing so, a third-party will place or read a unique ad-serving cookie on your computer or device and will use non-personal information about your browser and your activity at this site to serve proscenic ads on their content network. The ad-serving cookie is a persistent cookie. Please click here for more information about remarketing or to opt-out of the remarketing cookie.

proscenic e-mail communications may include web beacons to determine whether the emails have been opened or whether any included links have been clicked on.

International Data Transfer

proscenic USA. may transfer your personal data to its parent Company in Germany, proscenic AG, and to any worldwide affiliates when processing data. We may also transfer your data to a third party outside your country of origin.

Do Not Track

At this time our Internet sites do not recognize or respond to “Do Not Track” browser signals. For more information on “Do Not Track”, please visit your browser’s support page.

Children

This website is not directed to children under the age of thirteen. We will not knowingly collect personal data from children under the age of thirteen without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent, pursuant to local law and regulations or to protect a child.

Security

To protect your personal data against accidental or unlawful destruction, loss, use, or alteration and against unauthorized disclosure or access, proscenic uses reasonable physical, technical and organizational security measures. Unfortunately, there is no complete assurance of security in transit or storage of any data that you transmit. Your personal data may be accessed, disclosed, altered, or destroyed by a breach of any of the physical, technical, or organizational assets.

California Privacy Rights

California’s “Shine The Light” law permits those of our customers who are California residents to annually request a list of their personal data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. At this time, we currently do not share any personal data with third parties for their direct marketing purposes.

Questions and Comments

proscenic will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If you have any questions or comments about this Privacy Policy, or desire to review and update your personal data, please click on \"Contact\" and send us your questions and feedback.

We may make changes to the privacy policy from time to time and will post changes to our Privacy Policy on this page. Please check this page regularly to keep up-to-date.

Links to Other Internet sites

This Privacy Policy only applies to those proscenic Internet sites that include a link to this Privacy Policy. This Privacy Policy does not apply to those proscenic Internet sites that either have or link to a separate Privacy Policy or Privacy Statement, or that have or link to no Privacy Policy or Privacy Statement.

proscenic Internet sites and mobile applications contain links to other Internet sites, which sites may have their own privacy statements or policies. proscenic is not responsible for the privacy practices or the content of other Internet sites.

1. Scope

•\t1.1. Any use of this web site (\"proscenic Web Site\"), provided by proscenic Aktiengesellschaft and/or its affiliates (collectively \"proscenic\"), 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 proscenic Web Site, these Terms of Use are accepted in their then current version.

•\t1.2. 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

•\t2.1. This proscenic Web Site contains specific information and software, as well as - in specific instances - related documentation, for viewing or downloading.

•\t2.2. proscenic may stop the operation of the proscenic Web Site in full or in part at any time. Due to the nature of the internet and computer systems, proscenic cannot accept any liability for the continuous availability of the proscenic Web Site.

3. Registration, Password

•\t3.1. Some pages of the proscenic Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. proscenic reserves the right to deny registration to any User. proscenic particularly reserves the right to change certain sites, which were previously freely accessible, so that they are subject to registration. proscenic 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 proscenic Web Site; or

- did not use the proscenic Web Site for a long period of time.

•\t3.2. 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 proscenic, is current at all times and an address at which the User can be contacted.

•\t3.3. 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 proscenic 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.

•\t3.4. 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 proscenic thereof without undue delay in writing, or, as the case may be, by e-mail.

•\t3.5. After receipt of the notice under paragraph 3.4, proscenic 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 proscenic or upon new registration.

•\t3.6. 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 proscenic 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

•\t4.1. The use of any information, software and documentation made available on or via this proscenic 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 proscenic. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

•\t4.2. proscenic owns all rights, title interest, and/or licenses to the software, images, documentation, and/or all other information on this proscenic Web Site and all content thereon. As a condition for use of the proscenic Web Site, should the User post, provide, and/or transfer any software, images, documentation, or other information to the proscenic Web Site, the User assigns and transfers all rights, title, interest and license in same to proscenic. proscenic 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 proscenic Web Site, for the User’s own non-commercial use (i.e., outside the User’s commercial activities with proscenic), to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by proscenic in making same available.

•\t4.3. 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 proscenic shall make the source code available in return for the payment of costs.

•\t4.4. 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.

•\t4.5. This proscenic Web Site may contain confidential and/or proprietary content of proscenic that is protected by copyright and other laws respecting proprietary rights, including the software, images, documentation, and/or all other information on this proscenic Web Site and all content thereon.. proscenic retains all rights in the proscenic 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

•\t5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the proscenic 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 proscenic.

•\t5.2. 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.

•\t5.3. proscenic may, without charge, use any ideas or proposals, images, software, or other information stored by a User on the proscenic Web Sites for the development, improvement and sale of its products.

6. Duties of the User

•\t6.1. In accessing or using the proscenic 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.

•\t6.2. proscenic may deny access to the proscenic Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

The proscenic Web Site may contain hyperlinks to the web pages of third parties. proscenic 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 proscenic 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

•\t8.1. (a) proscenic make no representations or warranties regarding the accuracy or completeness of this proscenic Web Site’s content. Except as specifically provided in this Agreement, this proscenic Web Site and its content therein, are provided to User “as is”. proscenic make no other representation or warranty, either express or implied. proscenic do not warrant the accuracy, completeness, performance, currency, merchantability, or fitness for a particular purpose of this proscenic 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. proscenic 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 proscenic 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 proscenic Web Site’s content, (c) the unavailability of this proscenic Web Site, (d) any use of this proscenic Web Site or any content contained therein, (e) any use of any equipment or software in connection with this proscenic Web Site, or (f) any reliance on the information contained in this proscenic Web Site, even if advised of the possibility of such damages. In no event shall proscenic, 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 proscenic Web Site, even if proscenic has been notified of the possibility of such damages. In no event may User bring any claim or cause of action against proscenic more than one (1) year after such claim or cause of action arises.

•\t8.2. The information on this proscenic 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

•\t9.1. The liability of proscenic 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 proscenic 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 is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

•\t9.2. Although proscenic makes every endeavor to keep this proscenic Web Site free from viruses, proscenic 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.

•\t9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

10. Export Controls

•\t10.1. These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Any export or transfer of proscenic technology or software that is not publically available may require prior US government authorization. Any diversion or unauthorized use by the User of any proscenic export regulated technology or software contrary to US law is strictly prohibited.

•\t10.2. Unless specifically authorized by the appropriate government agency, the User agrees not to use the technology or software in prohibited uses or transfer to prohibited end-users as codified in 15 CFR, 31 CFR, 10 CFR and 22 CFR, including to any person or entity listed in the U.S. Denied Persons List, the U.S. Warning List, the U.S. Entity List or the U.S. Specially Designated National List

11. Data Privacy

For collection, use and processing of personally identifiable data of the User of the proscenic Web Site, proscenic shall comply with applicable laws on data privacy protection and the proscenic Web Site Privacy Policy, which is available per hyperlink on the proscenic Web Site and/or on usa.proscenic.com.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

•\t12.1. Any supplementary agreement requires the written form.

•\t12.2. These Terms of Use and your use of the site are governed by the laws of the State of New York without regard to conflict of laws principles thereof. By using the site, you irrevocably (a) consent to the jurisdiction of the state and Federal courts located in the County of New York for any action arising out of or relating hereto or thereto, (b) agree that all claims in respect of such action or proceeding may be heard and determined in any such court, (c) waive any claim of inconvenient forum or other challenge to venue in such court, and (d) agree not to bring any action or proceeding in any other court. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

•\t12.3. The individual pages of this proscenic Web Site are operated and administered by proscenic Aktiengesellschaft and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. proscenic makes no representation that information, software and/or documentation on the proscenic Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access proscenic Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to proscenic Web Site's information, software, images, documentation, and/or other information from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with proscenic, the User should contact the proscenic representative for the particular country for country specific business.

•\t12.4 This Agreement, as it may be amended from time to time in the sole discretion of proscenic, and constitutes the entire agreement between User and proscenic, and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held to be unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable.