Glassomer GmbH
Transparent fused silica glass shaping made easy.
Structuring of glass is challenging and usually requires high temperatures to shape a glass melt or aggressive chemicals for etching of microstructures.
Glassomer allows for the first time to structure high quality fused silica glass using polymer processing technologies with resolutions of a few micrometers.
Glassomer parts are chemically and physically indistinguishable from commercial fused silica glass.
They show the same high optical transparancy in the UV, visible and infrared region combined with the high thermal and chemical stabililty as well as the same mechanical strength and hardness of commercial fused silica glass.
Mechanical Properties
Bending strength: 115 MPa
Vickers Hardness: 980 HV
Therm. Expansion: 0.52 x 10-6 1/K
Surface Properties
Contact angle water: 36 °
Surface energy: 60 mN/m
Design Rules
Max. part dimensions: X Y Z: 70 x 70 x 70 mm
Max wall thickness: 5 mm
Min wall thickness: 0.8 mm
Hole diameter: > 0.7 mm
Max allowed unsupported overhang:
alpha = 0°-30°: allowed overhang length: L = 1 mm
alpha = 30°-50°: allowed overhang length: L = 15 mm
alpha = 50°-90°: allowed overhang length: L = 40 mm
Tolerances: X Y Z: ± 250 µm
(Note that tolerances may change depending on part geometry)
Production volume: 1-10000 units per year, depending on part geometry.

Ceramica/ Vetro
Tecnologia LGM

Spediamo con:


According to § 5 TMG:
Bastian E. Rapp
Georges-Koehler-Allee 103
79110 Freiburg im Breisgau
Germany
Freiburg District Court, HRB 718825
CEO: Dorothea Helmer, Bastian E. Rapp
Contact
Bastian E. Rapp
Georges-Koehler-Allee 103
79110 Freiburg im Breisgau
Germany
Freiburg District Court, HRB 718825
value added tax
Sales tax identification number according to §27 a sales tax law: DE317452044
Responsible for the content according to § 55 Abs. 2 RStV
Bastian E. Rapp
Georges-Koehler-Allee 103
79110 Freiburg im Breisgau
Germany
Dispute settlement
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr
You can find our email address in the legal notice above.
We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity.
Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.
Liability for links
Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created.
Permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.
copyright
The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use.
Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. If you should nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. If we become aware of legal violations, we will remove such content immediately.
General Terms and Conditions (Allgemeine Geschäftsbedingungen) of Glassomer GmbH (project contract)
Part A: General
1. Scope / Object of agreement
1.1. The following conditions apply to all - including future - services of Glassomer GmbH (hereinafter referred to as "GLASSOMER") towards its customers (hereinafter referred to as "customer") in connection with the individual creation of workpieces made of glass (hereinafter referred to as "workpiece"), which are produced by a 3D printing process.
1.2. Employees of GLASSOMER are not entitled to make any agreements, ancillary agreements, individual guarantee assurances or assurances that deviate from these conditions, unless they are expressly authorized to do so or authorized by virtue of their directorship or general power of attorney.
1.3. Insofar as GLASSOMER provides the services of a third party to the customer in accordance with the contractual provisions, the terms and conditions of the third party apply in addition to these services, presupposed that the customer was able to obtain reasonable knowledge from them prior to the conclusion of the contract.
1.4. The goods and services offered by GLASSOMER in accordance with these provisions are exclusively intended for legal entities of public law, public-law special funds and entrepreneurs within the meaning of § 14 BGB, which means natural or legal persons or partnerships having legal personality, who are in the exercise of a commercial or self-employed activity. Only these are customers in terms of these terms and conditions. To this extent, GLASSOMER rejects the conclusion of a contract with a consumer under the terms of these provisions. The customer declares at the conclusion of the contract that he concludes the contract for purposes that can be attributed mainly to his commercial or self-employed professional activity.
2. Contract structure
2.1. Purchasing or terms and conditions of the customer are only valid if GLASSOMER has separately acknowledged them in writing. In any case, the following hierarchy of stipulations applies under the individual agreements:
- Changes according to section 1.2.
- These conditions
- Terms and conditions of the costumer
In the case of contradictions or ambiguities, the first-named provisions always take precedence over the following provisions.
2.2. For the preparation of an offer, the customer provides GLASSOMER with a specification or specified requirements of the workpiece to be delivered.
2.3 The specific performance obligations of GLASSOMER in relation to the workpiece are specified in detail in the offer of GLASSOMER. As a rule, the offer includes:
- Scope of delivery and service description of the workpiece to be created
- Volume of the service according to time or fixed price agreement
- Start and end of service provision
- place of performance (if no separate place of performance is specified in the individual contract, the place of performance is the seat of GLASSOMER)
- Concrete duties of cooperation of the customer
2.4. Each Party shall appoint to the other party a controller who may provide the information necessary for the performance of the contract and may take or initiate decisions himself.
2.5. The employees of GLASSOMER do not enter into an employment relationship with the customer, even when working in the customer's premises. The customer will only issue instructions to the contact person appointed by GLASSOMER with effect for and against GLASSOMER.
3. Project schedule
3.1. Unless otherwise agreed, the development of the workpiece takes place in a multi-stage process, whereby the parties assume a uniform contractual relationship.
3.2. The customer provides GLASSOMER with detailed specifications that must be fulfilled by the workpiece.
3.3. On the basis of this information, GLASSOMER then creates a specification sheet (hereinafter referred to as "planning concept") in which the individual performance requirements of the workpiece are described.
3.4. The progress of the respective project presupposes the acceptance and release of the planning concept by the customer.
3.5. After presenting and discussing the planning concept, the customer can only terminate the cooperation if the continuation of the contract is not reasonable for him. This is particularly the case if GLASSOMER cannot or does not intend to provide the services specified in the offer on a material point. In particular, there is no unreasonableness insofar as the situation has arisen due to new or changed performance requirements of the customer or due to omissions in his participation.
3.6. § 651 BGB does not apply to this contract.
Part B: Remuneration
4. Basic rules of remuneration
4.1. The type and amount of compensation for the services to be provided are specified in each case by GLASSOMER. Depending on the agreement, the services rendered will be remunerated on a fixed or time basis.
4.2. Insofar as compensation is paid on the basis of hours worked or person-days, the hourly rates of GLASSOMER shall apply in accordance with the offer, otherwise the usual prices of GLASSOMER.
4.3. If the services are to be remunerated according to expenditure, the information in the offer merely represents estimates. The actual expenditure incurred must be remunerated.
4.4. The travel, meal and accommodation costs for the activities of GLASSOMER and other vicarious agents on site at the customer's premises (for example at the head office or at branch offices) are reimbursed by the customer. Accommodation costs will be refunded to GLASSOMER at a proven rate. Compensation for additional meals will be charged in accordance with the maximum tax rates. Likewise, GLASSOMER will be replaced upon use
- the train: travel costs 1st class,
- of the car: € 0.30 for each kilometer driven.
- of the aircraft: Economy -Class
The choice of means of transport remains reserved to GLASSOMER.
4.5. Travel times are reimbursed at half the normal hourly rate.
4.6. The billing by time takes place every quarter of an hour.
5. Invoice / due date
5.1. GLASSOMER will charge the compensation for its services promptly after the service.
5.2. Payments must be made within 14 working days from the due date of the claim and receipt of the invoice. In the event of a disagreement, the undisputed partial amount must be paid out.
5.3. For fixed price orders, the invoice will be provided after acceptance or during final and contractual service provision by GLASSOMER. GLASSOMER is entitled to demand installment payments. The regulation of the individual case (esp. The amount of the installment payments, the due date of the installment payment) will be made in the offer.
5.4. VAT is charged separately at the VAT rate applicable at the time of the service. This does not apply if the turnover is exempt from VAT.
6. Assignment / Right of Retention / Offsetting
6.1. Except in the area of § 354 a HGB, the customer can assign claims from this contract only with the prior written consent of GLASSOMER.
6.2. The customer may only offset against claims of GLASSOMER with undisputed or legally established claims.
6.3. The customer can only assert a right of retention if the relevant claims against GLASSOMER are undisputed or legally binding. The right of retention can be asserted by the customer only for counterclaims from this contractual relationship.
Part C: Organization
7. Project management and cooperation
7.1. GLASSOMER takes over the planning, implementation, control and documentation of the entire project. The customer is involved in the scope of paragraphs 7-14.
7.2. Each contracting party provides the other contracting party with information on the status and progress of the services upon request. Each party informs the other immediately about concerns about the services, contributions and contributions made and about the future development of the project.
7.3. The customer will provide GLASSOMER with comprehensive, expert and timely support in the project. He will release qualified staff adequately from other activities in favor of the project. He delivers the supplies in due time. He tests all services promptly and thoroughly, especially before assumption of productive use. The customer ensures any necessary data backup.
7.4. If a data transfer by GLASSOMER is due, the customer provides data for the data transfer in a standard data format specified by GLASSOMER. The customer is responsible for the correctness and transferability of the data.
7.5. GLASSOMER can also provide services by means of remote data transmission, whereby the concrete method and the necessary encryption of GLASSOMER are coordinated with the customer.
8. Protocols
GLASSOMER writes a protocol of every project meeting to record key points of discussion and all decisions taken. GLASSOMER immediately leaves the protocol to the customer. The protocol becomes binding if the customer does not contradict in writing within five working days after receipt of the protocol with its own formulation proposal. The opposition will then be negotiated in the next project meeting. For changes to this contract and for changes in performance, section 23.1 applies.
9. Subcontractors
9.1. GLASSOMER is entitled to use subcontractors. The same rules apply to subcontractors and their employees as to GLASSOMER.
9.2. GLASSOMER will also oblige subcontractors to comply with legal and other legal provisions and these contract terms.
10. Course of the project / time of performance / force majeure
10.1. The dates regulated in this contract and the offer are non-binding, unless they are expressly designated as binding.
10.2. Labor disputes that GLASSOMER cannot prevent or stop with reasonable effort, force majeure or other circumstances beyond GLASSOMER's control that prevent GLASSOMER from fully rendering the service on time, are hampering current deadlines. Performance-inhibiting events such as those mentioned must be reported to the customer immediately. Adding to the inhibition period is also a reasonable time for the resumption of the contractual services. A right of the customer to terminate the contract exists in such cases only insofar as the continuation of the project is unacceptable for him, even taking into account the interests of GLASSOMER.
10.3. If a contracting party thinks that the project continuity is hindered by a non-fulfillment or poor performance on the part of the other contracting party, it shall immediately inform this by giving a precise description of the facts in text form.
10.4. GLASSOMER can demand that the respective status of the project can be determined, by clearances of the customer in text form, as contractually agreed. This statement may be recorded in a separate declaration by the customer or included in a report pursuant to paragraph 8.
11. Service changes
11.1. The contracting parties agree that changes to the contractual services may be required during the term of the contract due to changing framework conditions.
11.2. Both contracting parties are entitled to request the other contracting party to discuss and negotiate changes to the agreed services (changes in services, reductions and supplements - "change request"). Both contractual partners are obliged to engage in serious consultations and negotiations upon request. The contracting parties agree that a change request does not result from the specification or detailing of an existing requirement.
11.3. By the time the contracting parties have agreed in writing on the change request, the contracting parties will render their services as if the change request had not been pronounced, unless otherwise agreed in writing. This also applies if the contracting parties finally fail to reach an agreement on the change request.
11.4. Insofar as the customer wishes to implement a change request, GLASSOMER will check whether the desired change request is feasible and will inform the customer as soon as possible in writing about the effects that are expected to arise, in particular with regard to the costs and the agreed timetable. The result of the examination therefore contains the following statements in the offer to be made:
- a detailed description of the functional changes in performance;
- a description of the possible effects on the function of the overall system as a whole;
- A description of the effects on the previously defined scope of services and the costs (additional or reduced costs).
- A description of the impact on the agreed dates.
- Specification of an offer binding period, which should not be less than 14 days.
11.5. In return for the compensation of the downtime, the customer can demand the partial or complete interruption of the service by GLASSOMER until agreement has been reached by means of a change request. Any agreed dates will be extended accordingly by the downtime and by the time required by GLASSOMER to organize the resumption of work after an interruption and to make the necessary resources available again.
11.6. GLASSOMER may, for elaborations according to section 11.4. demand reimbursement of the expenses incurred for the hourly rate agreed in accordance with the GLASSOMER offer. If no hourly rate is agreed, the usual hourly rate of GLASSOMER applies. The parties assume that for a change request a maximum of 2 man days processing time are incurred. GLASSOMER can only demand a higher expenditure if this expenditure has been previously released by the customer.
11.7. The contracting parties will specify the desired changes in text form in an amendment agreement signed by both parties. If no agreement is reached on the change request, the contracting parties, unless they otherwise agree, will perform the services in accordance with the agreements originally agreed. This also applies if the contracting parties cannot reach agreement on the payment.
12. Acceptance for works contract services
12.1. GLASSOMER makes the contractually prepared workpiece available for acceptance. The acceptance procedure for the individual services of GLASSOMER is as follows:
12.2. Acceptance of the planning concept
The acceptance of the planning concept shall be deemed to have been granted within 14 days of the release of the planning concept and notification by GLASSOMER in writing that the planning concept can be accepted if the result of the work essentially corresponds to the agreements of the contracting parties (§ 640 para. 1 p. 3 BGB) unless the customer objects to the acceptance by stating at least one defect.
12.3. Acceptance of the workpiece
The acceptance of the work is valid within 14 days after release of the act and notification of the GLASSOMER in text form, that the workpiece can be accepted, if the result of work corresponds to the agreements of the contracting parties (§ 640 Abs. 1 S. 3 BGB) unless the customer objects to the acceptance by stating at least one defect.
12.4. GLASSOMER may request the writing of a protocol to be signed by both parties confirming compliance with the acceptance criteria and accompanied by the test data, test scenarios, test cases and test results used and the list of non-accepted failures.
12.5. Once components or partial results are used by the customer in a permanently productive manner, they are deemed to have been accepted, unless the production takes place for the purpose of damage reduction and the customer has previously indicated that the production takes place for this purpose.
12.6. If different dates for completion have been agreed for individual work performances or parts of the work completed in itself, the acceptance test is limited to the partial performance (partial acceptance). Insofar as the success of the work performed owes to the interaction of individual partial services, the acceptance of the last partial service by an acceptance test, in which all partial services are included, determines the contractual cooperation of the partial services (final acceptance).
12.7. The acceptance may not be refused because of deviations or errors, which are the responsibility of the customer. The obligation of GLASSOMER to repair the warranty remains unaffected.
13. Complaints and troubleshooting
13.1. Customer shall promptly and thoroughly examine all deliveries and services submitted for acceptance or repair and shall notify GLASSOMER of any errors found immediately after discovery. The provisions of the Commercial Code (HGB) remain unaffected. The notification of a deficiency can first be made orally. However, it must be repeated in text form at the latest on the next working day and must describe the facts alleged as errors as accurately as possible (error message). GLASSOMER may oblige the customer to use a customer support software specified by GLASSOMER for the complaint.
13.2. The customer supports GLASSOMER in the warranty period according to the rules of this contract in the clarification and removal of the error. Unless there is a defect in the performance of GLASSOMER, such as a malfunction or system environment problem, GLASSOMER will be remunerated according to GLASSOMER's agreed or usual hourly rates for its work in connection with the error message.
13.3. GLASSOMER is entitled to multiple rectification of material defects. For individual defects, up to three repair attempts may be necessary.
13.4. The customer must assist GLASSOMER with the elimination of defects (for example, by switching off individual machines) and take precautions in the event that the elimination of defects cannot be carried out on time.
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Part D: Rules of law
14. Rights to copyrighted works; raw Data
14.1. Unless otherwise agreed by the parties in writing, GLASSOMER grants the customer of copyrighted works (eg language works, software or technical drawings), which GLASSOMER creates or provides individually for the customer, an unrestricted, unlimited right of use for agreed purpose of usage. The processing right will not be transferred unless the parties agree otherwise.
14.2. As long as the customer is granted only a simple right of use, GLASSOMER is entitled to make the works available to other customers as well.
14.3. The granting of rights to works protected by copyright takes place with the full payment of the remuneration for these works. Previously, the customer only has a simple contractual right to use the works, which can be terminated by GLASSOMER at any time.
14.4. Raw data will only be made available to the client if the processing right has been granted to him (if applicable, for a separate fee) or if the parties have agreed otherwise. Under raw data, the parties understand source data, i.e. files in which the levels, graphics or texts can be changed.
15. Retention of property
15.1. If GLASSOMER assigns ownership of the work or a certain number of workpieces under the contract, ownership of the workpieces remains with GLASSOMER until all claims of GLASSOMER have been settled. In case of breach of contract by the customer, including late payment, GLASSOMER is entitled to take back the contract system.
15.2. The customer must treat the property of GLASSOMER with care, adequately insure it and, if necessary, service it.
15.3. As long as ownership of the contractual system remains with GLASSOMER, the customer shall inform GLASSOMER without delay in writing if the contractual system is encumbered with rights of third parties or is subjected to other interventions by third parties.
15.4. The customer is entitled to resell the contractual system subject to retention of title in the ordinary course of business. In this case, however, he hereby assigns to GLASSOMER all claims arising from such resale, whether this occurs before or after any processing of the contractual system delivered under retention of title. Irrespective of the power of GLASSOMER to collect the claim itself, the customer remains authorized to collect the claim even after the assignment. In this context, GLASSOMER undertakes not to collect the claim as long as and, to the extent that the customer meets its payment obligations, in respect of which the customer has not filed an application for insolvency or similar proceedings and there is no suspension of payments.
15.5. Insofar as the securities set out in section 15.1. until 15.4 exceed the claims by more than 10 %, GLASSOMER is obliged to release the securities after selection of GLASSOMER at the request of the customer.
16. Third-party rights
16.1. GLASSOMER provides the services free from such third party rights that are in conflict with this agreement. If third parties raise opposing claims, the contracting parties inform each other immediately and in writing. The contractors keep each other fully informed and coordinate each approach.
16.2. Third party rights must be immediately corrected by GLASSOMER. Instead, GLASSOMER can replace the affected area with equivalent performance that is acceptable to the customer and free of any rights in breach of contract. The liability of GLASSOMER is governed by section 18. Otherwise, the statutory provisions apply.
17. Liability of GLASSOMER
17.1. GLASSOMER is liable to the customer only for intentional or grossly negligent damages. This does not apply if material obligations of the contract are violated by GLASSOMER. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner regularly trusts and can rely.
17.2. In case of slight negligence GLASSOMER shall not be liable in the event of pecuniary damage with regard to indirect damage, in particular consequential damage, unforeseen damage or untypical damage as well as loss of profit.
17.3. A legally prescribed no-fault liability of GLASSOMER - in particular a liability according to product liability law as well as a legal guarantee liability - remains unaffected by the above limitations of liability. The same applies to the liability of GLASSOMER for culpable injury to life, limb or health.
17.4. The limitation of liability or exclusions according to clauses 17.1. until 17.3. shall also apply to the personal liability of employees, representatives, organs and vicarious agents of GLASSOMER, insofar as these are claimed directly.
18. Liability of the costumer
18.1 The customer guarantees that he is fully authorized to dispose of the materials supplied by him (e.g. graphics, technical drawings, texts) and insofar the contents are free from all rights of third parties, including any personal rights. In particular, the customer guarantees to have all copyright, license and evaluation rights required for the production or processing.
18.2. The customer indemnifies GLASSOMER from claims of third parties that are raised in connection with the contractual exercise of GLASSOMER's rights and powers granted by this agreement with regard to the materials and works provided by the customer. Reimbursable costs include the reasonable costs of legal defense which GLASSOMER should incur in the defense of third party claims. However, GLASSOMER will inform the customer immediately of legal defense measures to be taken. GLASSOMER may only make comparisons in such disputes with third parties after consultation with the customer. Otherwise, GLASSOMER bears all costs of the dispute itself.
19. Limitation
19.1. The limitation period is
- one year for claims from material defects.
- two years for claims of defects of title.
- For other claims for damages or reimbursement of futile expenses for two years, starting from the time when the customer became aware of the circumstances giving rise to the claim or had to obtain them without gross negligence.
19.2. Incidentally, the beginning of the limitation period is determined by the statutory rules.
19.3. The limitation begins at the latest with expiry of the maximum periods specified in § 199 BGB.
19.4. In case of damage and reimbursement of expenses due to intent, gross negligence, guarantee, malice, injury of life, body and health as well as claims under the Product Liability Act (Produkthaftungsgesetz), in deviation from clause 19.1. always the statutory periods of limitation apply.
20. Confidentiality
20.1. In connection with the initiation and execution of this Agreement, the Parties mutually grant access to non-public, confidential information and data. To protect the confidentiality of such information and data, the parties agree to the confidentiality obligations set out below.
20.2. For the purposes of these Rules, "Confidential Information" means all information and data that is not freely accessible and all trade and business secrets that the respective disclosing party makes accessible to the receiving party in which form the respective information s made accessible (e.g. electronically, orally or in paper form) or whether an information is expressly referred to as "confidential" or "protected by law". Confidential information of the disclosing party is in particular its business and trade secrets, such as their know-how, unpublished business planning information and non-public information and product planning data, technical developments, unpublished financials, customer, supplier or employee data, production data, research results, inventions, methods and procedures, company-specific business processes, designs, specifications, the source code of computer programs and any other information, data and documents that are usually considered confidential or proprietary.
20.3. Not confidential information within the meaning of these confidentiality agreements shall be deemed to be information of the respective disclosing party
- are already in the possession of the receiving party without any obligation of secrecy before the receiving party has received the relevant information from the disclosing party;
- are generally accessible to the public without breach of a duty to maintain secrecy at the time of publication or become publicly available without breach of confidentiality;
- are disclosed to the receiving party by third parties lawfully and without any obligation of secrecy;
- have been or are being developed by the receiving party independently and without breaching this secrecy agreement;
- be released from the duty of secrecy by written declaration from the disclosing party to the receiving party.
20.4. Confidential information of the disclosing party may only be used by the receiving party for the purpose of initiating and implementing this agreement. Any further use requires the prior written consent of the disclosing party. All Confidential Information transmitted or disclosed by the disclosing party to the receiving party remains the property of the disclosing party unless otherwise agreed in writing.
20.5. The parties mutually undertake to keep Confidential Information of the other party secret and to protect it by appropriate measures against unauthorized access and unauthorized knowledge of third parties. The requirements for the content and scope of the protective measures depend on the respective type of information and, moreover, on the protective mechanisms generally applicable to comparable information, insofar as no further protection mechanism is required by law. Third parties within the meaning of this confidentiality agreement are not employees of the receiving party or employees of affiliated companies as defined in § 15 Aktiengesetz of the respective receiving party, provided the employees concerned have access to the confidential information due to the organizational structure of the receiving party. The precondition for this right of access, however, is that prior to access, the relevant employees have been instructed in the handling of confidential information and have been required to keep such information secret in writing in an appropriate manner. The receiving party is entitled to make confidential information of the disclosing party available to its tax advisers, auditors and lawyers to the extent necessary for the respective advisory and audit engagement.
20.6. If the receiving party is obliged by court or administrative binding order or decision to disclose confidential information of the other party or to surrender it to third parties, the disclosing party shall be informed by the receiving party without delay. The obligation to notify arises as soon as the receiving party becomes aware of the initiation of such a procedure. In the procedure for the withdrawal or disclosure of confidential information, the receiving party will seek to limit the judicial and administrative decision to what is strictly necessary.
20.7. Unless agreed otherwise in writing in individual cases, confidential information that is available to the receiving party in paper form, electronically or in any other form, must be returned to the disclosing party immediately upon first request. Any copies must be deleted on all storage media and the implementation of the measures must be confirmed in writing to the disclosing party upon request. Exceptions to this are copies of confidential information, which the receiving party is required to retain for legal retention periods. These copies must be unsolicited and completely deleted no later than 30 calendar days after expiration of the retention period. At the request of the disclosing party, the cancellation must be confirmed in writing.
20.8. Termination of this agreement, for any reason whatsoever, is without prejudice to the parties' confidentiality obligations hereunder with respect to any confidential information that has been exchanged or made available during the term of this agreement. For them, the rights and duties of secrecy defined here for a period of 5 years after the end of this contract shall survive after the contract.
20.9. If the receiving party breaches the obligations of the disclosing party under paragraphs 20.4. to 20.6., the receiving party has to pay the disclosing party a contractual penalty for each breach of duty, waiving the plea of continuity. The penalty shall be at its reasonable discretion. Decisive for this is the importance of the injured duty, the disadvantage of the disclosing party (also the intangible disadvantage) and the degree of breach of duty and the fault of the receiving party. If the contractual partners do not agree despite their efforts to unify, the disclosing party may determine the amount (§ 315 BGB), the amount of which will be reviewed by the competent court in case of dispute.
21. Data protection
21.1. The contracting parties observe the data protection regulations.
21.2. The contracting parties assume that GLASSOMER will not process any personal data on behalf of the customer in connection with the project (Art. 28 et ff. DSGVO). Insofar as such processing is nevertheless carried out on behalf of the customer, GLASSOMER will only use the personal data within the scope of this contract or other written instructions of the customer and in accordance with the data protection regulations.
21.3. Upon written request of the customer the contracting parties conclude an agreement on the contract data processing according to § 28 DSGVO, as far as this is necessary according to the legal regulations. In this case, GLASSOMER has the right to propose a contract data processing agreement.
22. Final provisions
22.1. Changes to the contracts, changes in service (see Section 11), resignation and notice of termination must be in writing. For performance-defining specifications and project-related agreements, the definition in a protocol according to section 8 suffices. The fax and e-mail suffice as text form. These formalities can only be repealed or amended in written form.
22.2. For the contractual relationship, the law of the Federal Republic of Germany (Recht der Bundesrepublik Deutschland) under exclusion of the UN Sales Convention (UN-Kaufrecht).
22.3. If the customer is a merchant, a legal entity under public law or a public special fund within the meaning of § 38 ZPO or has no general jurisdiction in Germany or the customer, after conclusion of the contract, his residence, habitual residence or registered office relocated abroad or unknown, exclusive jurisdiction is the seat of GLASSOMER.
22.4. The place of performance for all rights and obligations arising from this contract, does not affect the validity of the remaining provisions.
Insofar as the customer is a consumer, they have the right of cancellation in accordance with the following provisions.
Cancellation policy
Cancellation right
You have the right to cancel this contract within 14 days without giving any reasons.
The cancellation period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, have/has taken possession of the goods.
In order to exercise your right of cancellation you must inform us (PROTIQ GmbH, Flachs-marktstraße 54, 32825 Blomberg, Germany, Telephone: +49 (0)5235 34 38 00, Telefax: +49 (0)5235 34 41 154, Email: info@protiq.com) of your decision to cancel this contract by issuing a clear declaration (e.g. a letter sent by post, telefax or email). You can use the attached sample cancellation form, although this is not a stipulated requirement.
To comply with the cancellation period it is sufficient for the notification on exercising the right of withdrawal to be sent before expiry of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we are required to refund you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different form of delivery to the most economic standard deliv-ery offered by us), without delay and no later than within fourteen days from the date on which we receive your notification of the cancellation of this contract. We use the same means of payment for this refund that you used in the original transaction, unless expressly agreed oth-erwise with you; on no account will you be charged a fee for this refund. We can refuse the refund until the goods have been returned to us or until you have demonstrated that you have returned the goods, depending on which date is the earlier.
You must return or hand over the goods to us without delay and in any event no later than four-teen days after the date on which you inform us of the cancellation of this contract. The dead-line is met if you send the goods before expiration of the fourteen day period.
You will meet the direct costs for returning the goods. You only have to pay for any loss in val-ue of the goods if this loss in value is attributable to handling which was not necessary for test-ing the condition, properties, and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please complete and return this form.)
To: PROTIQ GmbH, Flachsmarktstraße 54, 32825 Blomberg, Germany, Telephone: +49 (0)5235 34 38 00, Telefax: +49 (0)5235 34 41 154, Email: info@protiq.com:
I/we (*) herewith cancel the contract concluded by me/us (*) for the purchase of the following
Goods (*)/rendering of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification in writing)
Date
(*) delete what is not applicable
Special information
The right of cancellation does not apply in contracts for the supply of goods which are not pre-fabricated and for the manufacture of which an individual choice or specification by the con-sumer is crucial, or if these are clearly tailored to the personal needs of the consumer.
There is also no right of cancellation for customers who are not consumers. Consumers are natural persons who conclude a legal transaction for purposes which cannot be predominantly attributed either to their commercial activity or activity as a self-employed person.
Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Glassomer GmbH. The use of the Internet pages of the Glassomer GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Glassomer GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Glassomer GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the Glassomer GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
a) Personal data Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
c) Processing Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
k) Consent Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: Glassomer GmbH
Georges-Köhler-Allee 103
79110 Freiburg im Breisgau
Germany Phone: +49 761 203 7351
Email: info@glassomer.com
Website: www.glassomer.com
3. Cookies
The Internet pages of the Glassomer GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the Glassomer GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the Glassomer GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Glassomer GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Glassomer GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Contact possibility via the website
The website of the Glassomer GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
7. Rights of the data subject
a) Right of confirmation Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
* the purposes of the processing;
* the categories of personal data concerned;
* the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
* where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
* the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
* the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
* the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten) Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
* The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
* The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
* The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
* The personal data have been unlawfully processed.
* The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
* The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Glassomer GmbH, he or she may, at any time, contact any employee of the controller. An employee of Glassomer GmbH shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Glassomer GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
* The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
* The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
* The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
* The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Glassomer GmbH, he or she may at any time contact any employee of the controller. The employee of the Glassomer GmbH will arrange the restriction of the processing.
f) Right to data portability Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Glassomer GmbH.
g) Right to object Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The Glassomer GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the Glassomer GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Glassomer GmbH to the processing for direct marketing purposes, the Glassomer GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Glassomer GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the Glassomer GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Glassomer GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Glassomer GmbH.
i) Right to withdraw data protection consent Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Glassomer GmbH.
8. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
9. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
10. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
11. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
12. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
13. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling. This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with RC GmbH, which sells used notebooks and the Media Law Lawyers from WBS-LAW.
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