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Mandatory information in accordance with Section 5 of the Telemedia Act (TMG): Responsible for the content: Mandatory information in accordance with Section 5 of the Telemedia Act (TMG): Responsible for the content: THW-Service eK Zentrale Security Pappelallee 78/79 10437 Berlin HRA: 62704B Berlin TEL: 49 30 754 373 63 FAX: 49 30 754 396 46 THW Service eK Office Hamburg Hohler Weg 92 1465 Wentorf

TEL: 49 40 209 592 23

FAX: 49 40 209 592 24



info@thw-service.de

www.thw-service.de


VAT identification number according to Section 27a of the Sales Tax Law:

DE68079356140

Contact us

AGB

General Terms and Conditions § 1 General & Validity of the Conditions 1.1 The general terms and conditions (hereinafter referred to as "GTC") of Thomas Höntsch, hereinafter referred to as "THW Service eK") apply to all services provided by THW Service eK. The provisions for the individual services also apply if several services are provided together within the framework of a contractual relationship. 1.2 THW Service eK provides its services exclusively on the basis of these terms and conditions. If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), they also apply to all future business relationships, even if they are not expressly agreed again. 1.3 THW Service is a registered trademark of THW Service eK and its offer is directed exclusively at companies (hereinafter referred to as "customer" or "client"). 1.4 The GTC will be made available by email upon order confirmation. 1.5 THW Service eK is entitled to change or add to these GTC at any time. The customer has the right to object to such a change. If the customer does not object to the changed conditions within four weeks of receiving the notification of the change, they will take effect in accordance with the announcement. The notification of the change will be sent to the customer by email to the address provided. 1.6 The customer agrees that correspondence can be conducted by telephone or email. We will try to create technical facilities to reduce the associated risks (transmission errors, viruses, manipulation), but we are not liable for success. Orders placed with us should be as comprehensive and detailed as possible. The scope of services is determined in an oral discussion (briefing) with the customer. Service descriptions created by us are considered binding confirmation of the agreed contract content unless the client objects to them within a maximum of three working days. 1.7 Deviations from these terms and conditions are only effective if THW Service eK confirms them in writing. § 2 Subject matter of the contract, conclusion of the contract, term of the contract and termination 2.1 These terms and conditions regulate the conclusion of the contract and the contractual relationship between the agency and the customer. These terms and conditions also apply to all future business relationships with the customer, even if they are not expressly agreed again. 2.2 THW Service eK provides services in the areas of security. The detailed description of the services to be provided can be found in the tender or order documents, briefings, project contracts, their attachments and service descriptions from THW Service eK. 2.3 THW Service eK offers the customer three service packages at www.thw-service.de, which are subject to a fee. 2.4 THW Service eK has the right to use third parties to provide services at any time and to any extent. In this case, these terms and conditions also apply to the third party and its relationship with the customer. 2.5 Confirmation of receipt of the customer's order is sent together with acceptance of the order immediately after it has been sent by an automatically sent email. The purchase contract is concluded with this email confirmation. 2.6 In order to conclude a contract, the customer's data must be provided completely and correctly. The customer assures that the data provided is true, current, kept up to date and complete. 2.7 A contract change is made through offer and acceptance. This represents the conclusion of a new contract on the basis of the available tariffs under the respective conditions. In the event of a contract change, only the conditions of a new contract at the selected tariff apply. Notice periods, contract terms, etc. therefore begin again on the basis of the new contract at the selected tariff. 2.8 The offers from THW Service eK are non-binding and subject to change unless they are expressly agreed as binding or contain a specific acceptance period. THW Service eK generally accepts orders or contracts within 14 days of receipt. 2.9 Information on the subject of the delivery or service is only binding if usability for the contractually intended purpose requires exact conformity. The information is not guaranteed quality characteristics, but descriptions or labels of the deliveries or services. 2.10 Customary deviations and deviations that occur due to legal regulations or represent a technical improvement are permissible as long as they do not affect the use for the contractually intended purpose. § 3 Scope of services 3.1 All prices are stated as net prices and are shown on the invoice plus the statutory VAT, currently 19%. 3.2 If an invoice has been agreed, this will be sent by email. 3.3 A conventional invoice will only be created upon express request for an additional charge according to the current price list and sent by post. 3.4 Objections to invoices from THW Service eK must be made in writing by the customer within 7 days of receipt. Failure to raise objections in a timely manner is considered approval. The customer can also request a correction of the invoices after the deadline has expired, but must then prove that the billing is incorrect. 3.5 All fees are due immediately upon receipt of the invoice without deductions. The amounts are generally paid by bank transfer. Collection will take place at the earliest after receipt of the invoice. 3.6 The scope of services of THW Service eK includes delivery, collection and, if necessary, assembly and dismantling. 3.7 If THW Service eK provides free services, THW Service eK is entitled to stop these at any time. This does not give rise to a claim for reduction, reimbursement or compensation. 3.8 The availability of the service is guaranteed. However, restrictions in availability may still arise that are outside the sphere of influence of THW Service eK (actions of third parties who are not acting on behalf of THW Service eK; force majeure). If circumstances outside the sphere of influence of THW Service eK lead to restrictions in the functionality and accessibility of the services provided by THW Service eK, this has no effect on the contractual conformity of the service provided by THW Service eK. § 4 Storage of the contract text 4.1 The contract text of the customer order is not stored by us. The customer can usually do this before sending the order by following each step of the order on the screen using their browser or printing it out as a screenshot. § 5 Default in payment 5.1 Payment must be made no later than two weeks after the order is placed, before the event. § 6 Terms of payment 6.1 The fixed price is due within 14 days. 6.2 Payment of the fees is generally made by bank transfer. § 7 Termination of the contractual relationship 7.1 After termination of the contractual relationship, THW Service eK is no longer obliged to provide the contractually agreed services. All content and files must be backed up by the customer before termination. Transferring the data to a third party provider is not possible. The customer is responsible for saving the data in a timely manner. § 8 Right of set-off and retention, liability 8.1 Unless otherwise stated below, claims for damages due to impossibility, positive breach of contract and delay are excluded if the cause of the damage is not based on intent or gross negligence. 8.2 This does not apply if the customer asserts claims for damages due to non-fulfillment pursuant to §§ 463, 480 Para.2, 635 BGB due to the lack of a guaranteed property. 8.3 If THW Service eK negligently violates an essential contractual obligation, i.e. an obligation whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations), the obligation to pay compensation is limited to the foreseeable damage typical for the contract. 8.4 The customer can only offset claims by THW Service eK with undisputed or legally established claims. The customer is only entitled to assert a right of retention due to counterclaims arising from this contract. 8.5 THW Service eK is not responsible for delivery delays and service disruptions due to internal strikes or lockouts. 8.6 THW Service eK is not liable for the consequences (e.g. loss of sales) of defects, malfunctions and/or interruptions in the services of THW Service eK if these are not the responsibility of THW Service eK, in particular in the case of malfunctions in generally accessible telecommunications facilities, networks and services that are not operated by THW Service eK. 8.7 Liability under the Product Liability Act remains unaffected. 8.8 In the area of the Telecommunications Act, the liability rule of Section 44a remains unaffected. 8.9 THW Service eK is only liable for damages that are based on intent or gross negligence on the part of an employee of THW Service eK or a vicarious agent. 8.10 THW Service eK is not liable for loss of data from the customer or through third parties gaining unauthorized knowledge of customer data. 8.11 THW Service eK is not liable for details, information and data that were made available to third parties by the customer and were misused. 8.12 THW Service eK is not liable for the content and actions of the customer. If third parties make claims against THW Service eK due to possible legal violations resulting from the use of the contractual items, the customer is obliged to indemnify THW Service eK from any liability and to reimburse THW Service eK for the costs incurred as a result of the claim. The indemnification obligation for costs includes in particular the obligation to indemnify THW Service eK from necessary legal defense costs (e.g. court and attorney fees). § 9 Retention of title 9.1 The German Civil Code retention of title applies. Goods supplied, services and graphics and programs created by THW Service eK are the property of THW Service eK and are subject to copyright even after full payment. 9.2 THW Service eK grants the customer a simple right of use for its own and third-party software, videos and graphics, programs or scripts made available, limited to the term of the associated contractual relationship. It is not permitted to grant third parties rights of use. In particular, selling is not permitted. The customer will delete copies of the software provided after the contract has ended and will not use them any further. These provisions do not apply to open source programs; only the associated license conditions apply. 9.3 In all other respects, the license conditions of the respective manufacturers apply. 9.4 The customer can use the content, texts, images, animations, film and sound materials provided by THW Service eK during the term of the contract. It is not permitted to grant third parties rights of use. The materials must be deleted after the contract has ended. § 10 Final provisions 10.1 The place of performance is Lübeck, Federal Republic of Germany. The exclusive place of jurisdiction for all claims arising from and based on this contract, including bill of exchange claims, as well as all disputes arising between the parties regarding the formation, processing or termination of the contract is - provided the customer is a registered merchant, a legal entity under public law or a special fund under public law - the respective registered office of Disruptive Media. 10.2 This contract is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. 10.3 The legal successors of the THW Service eK customer are also bound by the obligations arising from contracts concluded on the basis of these terms and conditions. 10.4 If a provision of this agreement is or becomes invalid, this does not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced by a replacement provision that corresponds to the purpose of the agreement or at least comes close to it, which the parties would have agreed to achieve the same economic result if they had known about the invalidity of the provision. § 11 Online dispute resolution 11.1 We are not obliged but willing to use online dispute resolution. EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr

data protection

1. Data protection at a glance Data protection declaration Personal data (hereinafter mostly referred to as "data") are only processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its content and the services offered there. According to Art. 4 paragraph 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as "GDPR"), "processing" means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data, such as the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction. With the following data protection declaration, we inform you in particular about the type, scope, purpose, duration and legal basis of the processing of personal data, insofar as we decide on the purposes and means of processing either alone or jointly with others. In addition, we inform you below about the third-party components we use for optimization purposes and to improve the quality of use, insofar as third parties process data under their own responsibility. Our data protection declaration is structured as follows: I. Information about us as the responsible party II. Rights of users and those affected III. Information on data processing I. Information about us as responsible parties The responsible provider of this website in terms of data protection law is: Mandatory information in accordance with Section 5 of the Telemedia Act (TMG): Responsible for the content: THW-Service eK Pappelallee 78/79 10437 Berlin HRA: 62704B Berlin TEL: 49 30 754 373 63 FAX: 49 30 754 396 46 THW Service eK Hohler Weg 921465 Wentorf Telephone: 49 40 20959223 Fax: 49 40 20959224 E-mail: info@thw-service.de With regard to the data processing described in more detail below, users and data subjects have the right to confirmation as to whether data concerning them is being processed, to information about the data processed, to further information about the data processing and to copies of the data (see also Art. 15 GDPR); to rectification or completion of incorrect or incomplete data (see also Art. 16 GDPR); to immediate erasure of the data concerning them (see also Art. 17 GDPR), or, alternatively, if further processing is required in accordance with Art. 17 Para. 3 GDPR, to restriction of processing in accordance with Art. 18 GDPR; to receipt of the data concerning them and provided by them and to transmission of this data to other providers/persons responsible (see also Art. 20 GDPR); to complain to the supervisory authority if they believe that the data concerning them is being processed by the provider in violation of data protection regulations (see also Art. 77 GDPR). In addition, the provider is obliged to inform all recipients to whom data has been disclosed by the provider of any rectification or erasure of data or restriction of processing that takes place on the basis of Articles 16, 17 Para. 1, 18 GDPR. This obligation does not apply, however, if this notification is impossible or involves disproportionate expenditure. Notwithstanding this, the user has a right to information about these recipients. Likewise, users and data subjects have the right under Art. 21 GDPR to object to the future processing of data concerning them, provided that the data is processed by the provider in accordance with Art. 6 Paragraph 1 Letter f) GDPR. In particular, an objection to data processing for the purposes of direct advertising is permissible. III. Information on data processing The data processed when you use our website will be deleted or blocked as soon as the purpose of storage no longer applies, there are no statutory retention periods that prevent the deletion of the data and no other information is given below regarding individual processing procedures. Cookies a) Session cookies We use so-called cookies on our website. Cookies are small text files or other storage technologies that are stored on your device by the Internet browser you use. These cookies process certain information from you on an individual basis, such as your browser or location data or your IP address. This processing makes our website more user-friendly, effective and secure, as the processing enables, for example, the reproduction of our website in different languages or the offer of a shopping cart function. The legal basis for this processing is Art. 6 Paragraph 1 Letter b.) GDPR, provided that these cookies process data for the initiation or execution of a contract. If the processing does not serve the purpose of initiating or executing a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Paragraph 1 Letter f) GDPR. When you close your internet browser, these session cookies are deleted. b) Third-party cookies Our website may also use cookies from partner companies with whom we work together for the purposes of advertising, analysis or the functionality of our website. Please refer to the information below for details, in particular the purposes and legal basis for processing such third-party cookies. c) Removal option You can prevent or restrict the installation of cookies by setting your Internet browser. You can also delete cookies that have already been saved at any time. The steps and measures required for this depend on the specific Internet browser you are using. If you have any questions, please use the help function or documentation of your Internet browser or contact its manufacturer or support. In the case of so-called flash cookies, however, processing cannot be prevented via the browser settings. Instead, you must change the settings of your Flash player. The steps and measures required for this also depend on the specific Flash player you are using. If you have any questions, please use the help function or documentation of your Flash player or contact the manufacturer or user support. If you prevent or restrict the installation of cookies, this may mean that not all functions of our website are fully usable. Contact inquiries / contact options If you contact us via the contact form or email, the data you provide will be used to process your inquiry. The provision of data is necessary in order to process and answer your request – without it we cannot answer your request or can only answer it to a limited extent. The legal basis for this processing is Art. 6 Paragraph 1 Letter b) of GDPR. Your data will be deleted if your request has been conclusively answered and there are no statutory retention periods that prevent deletion, such as in the case of any subsequent contract processing. Server data For technical reasons, in particular to ensure a secure and stable website, data is transmitted via your Internet browser to us or to our web space provider. These so-called server log files record, among other things, the type and version of your Internet browser, the operating system, the website from which you accessed our website (referrer URL), the website(s) of our website that you visit, the date and time of each access and the IP address of the Internet connection from which our website is used. The data collected in this way is stored temporarily, but not together with other data about you. This storage takes place on the legal basis of Art. 6 Paragraph 1 Letter f) GDPR. Our legitimate interest lies in the improvement, stability, functionality and security of our website. The data will be deleted after seven days at the latest, unless further storage is required for evidentiary purposes. Otherwise, the data will be fully or partially exempt from deletion until an incident has been finally clarified. Contract processing The data you transmit to use our range of goods and/or services will be processed by us for the purpose of contract processing and is necessary for this purpose. Conclusion and contract processing are not possible without providing your data. The legal basis for processing is Art. 6 Paragraph 1 Letter b) GDPR. We delete the data when the contract has been fully processed, but we must observe the retention periods under tax and commercial law. As part of the contract processing, we pass your data on to the transport company commissioned to deliver the goods or to the financial service provider if the data must be passed on for the delivery of the goods or for payment purposes. The legal basis for the transfer of data is then Art. 6 Paragraph 1 Letter b) GDPR. Facebook To promote our products and services and to communicate with interested parties or customers, we operate a company presence on the Facebook platform. We are jointly responsible for this social media platform with Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. Facebook's data protection officer can be reached via a contact form: https://www.facebook.com/help/contact/540977946302970 We have regulated joint responsibility in an agreement regarding the respective obligations within the meaning of the GDPR. This agreement, from which the mutual obligations arise, can be accessed under the following link: https://www.facebook.com/legal/terms/page_controller_addendum The legal basis for the resulting and below-reproduced processing of personal data is Art. 6 Paragraph 1 Letter f) GDPR. Our legitimate interest lies in the analysis, communication, sale and promotion of our products and services. The legal basis can also be the user's consent to the platform operator in accordance with Art. 6 Paragraph 1 Letter a of GDPR. The user can revoke this consent for the future at any time by notifying the platform operator in accordance with Art. 7 Paragraph 3 GDPR. When you visit our online presence on the Facebook platform, Facebook Ireland Ltd., as the operator of the platform in the EU, processes the user's data (e.g. personal information, IP address, etc.). This user data is used to obtain statistical information about the use of our company presence on Facebook. Facebook Ireland Ltd. uses this data for market research and advertising purposes as well as to create user profiles. Using these profiles, Facebook Ireland Ltd. is able, for example, to advertise to users both inside and outside of Facebook based on their interests. If the user is logged into their Facebook account at the time of the visit, Facebook Ireland Ltd. can also link the data to the respective user account. If the user contacts us via Facebook, the user's personal data entered on this occasion will be used to process the request. We delete user data once the user's query has been answered conclusively and there are no statutory retention periods, such as in the case of subsequent contract processing. Facebook Ireland Ltd. may also set cookies to process the data. If the user does not agree to this processing, it is possible to prevent the installation of cookies by setting the browser accordingly. Cookies that have already been saved can also be deleted at any time. The settings for this depend on the respective browser. In the case of Flash cookies, processing cannot be prevented via the browser settings, but by setting the Flash Player accordingly. If the user prevents or restricts the installation of cookies, this may mean that not all Facebook functions can be fully used. More details about the processing activities, how to stop them, and how to delete the data processed by Facebook can be found in Facebook's data policy: https://www.facebook.com/privacy/explanation It cannot be ruled out that processing by Meta Platforms Ireland Limited may also be carried out via Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025 in the USA. facebook Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. Privacy policy: https://www.facebook.com/policy.php Google Analytics We use Google Analytics on our website. This is a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as "Google". The Google Analytics service is used to analyze the usage behavior of our website. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization and economic operation of our website. Usage and user-related information, such as IP address, location, time or frequency of visits to our website, is transferred to a Google server in the USA and stored there. However, we use Google Analytics with the so-called anonymization function. With this function, Google shortens the IP address within the EU or EEA. The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and the usage activities there. This data can also be used to provide other services related to the use of our website and the use of the Internet. Google states that it does not link your IP address to other data. In addition, Google provides you with further data protection information at https://www.google.com/intl/de/policies/privacy/partners, for example on the options for preventing data use. Google also offers a so-called deactivation add-on with further information at https://tools.google.com/dlpage/gaoptout?hl=de. This add-on can be installed with common internet browsers and offers you further control over the data that Google collects when you visit our website. The add-on tells the Google Analytics JavaScript (ga.js) that information about visits to our website should not be sent to Google Analytics. However, this does not prevent information from being sent to us or to other web analysis services. You can of course also find out whether and which other web analysis services we use in this privacy policy. IONOS Tracking MYWEBSITE We use MyWebsite on our website. This is a service provided by 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, hereinafter referred to as “MyWebsite”. MyWebsite stores tracking cookies on your device via your internet browser; these cookies are based on Snowplow Analytics technology from Snowplow Analytics Limited, 32-38, Scrutton Street, London, Great Britain. These cookies can be used, for example, to evaluate how often you visit our website or which (sub)pages of our website are accessed. 1&1 IONOS SE states that no personal data is collected in the process. If you have given your consent for this processing, the legal basis is Art. 6 (1) (a) GDPR. The legal basis can also be Art. 6 (1) (f) GDPR. Our legitimate interest lies in improving and optimizing our website. If you do not agree to this processing, you have the option of preventing cookies from being saved by changing the setting in your internet browser. You can find more information about this above under “Cookies”. IONOS WebAnalytics We use WebAnalytics on our website. This is an analysis service from 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany, hereinafter referred to as “WebAnalytics”, which we use to analyse the use of our website. For the analysis, data on the type and version of your internet browser, your operating system, the type of your end device, the website from which you accessed our website (referrer URL), the website(s) of our website that you visit or the files you request, the date and time of each access, and the anonymised IP address of the internet connection used to access our website are collected using a pixel or log files on our behalf. If you have given your consent for this processing, the legal basis is Art. 6 (1) (a) GDPR. The legal basis can also be Art. 6 (1) (f) GDPR. Our legitimate interest lies in the analysis, optimization, improvement and economic operation of our website. WhatsApp contact To make contact, the provider enables the customer, among other things, to contact the provider via the WhatsApp messenger service. WhatsApp is a service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, hereinafter referred to as WhatsApp, a subsidiary of Facebook. When the user communicates with the provider via WhatsApp, both the provider and WhatsApp receive the user's mobile phone number and the information that the user has contacted the provider. The aforementioned data is also forwarded by WhatsApp to Facebook servers in the USA and processed by WhatsApp and Facebook in accordance with the WhatsApp data protection guidelines, which also includes processing for their own purposes, such as improving the WhatsApp service. _____________________ However, in the opinion of the data protection supervisory authorities, the USA does not currently have an adequate level of data protection. However, there are so-called standard contractual clauses: https://faq.whatsapp.com/general/about-standard-contractual-clauses However, these are private law agreements and therefore have no direct impact on the access options of the authorities in the USA. _____________________ Further information on the purpose and scope of data collection and further processing of this data by WhatsApp and Facebook as well as related rights and setting options for protecting privacy can be found in WhatsApp's privacy policy: https://www.whatsapp.com/legal/#privacy-policy. The legal basis for this processing and transmission to WhatsApp is Art. 6 Paragraph 1 Clause 1 b. GDPR, insofar as the contact concerns an existing contractual relationship or serves to initiate such a contractual relationship. If contact is not made for the above purposes, the legal basis is Art. 6 Paragraph 1 Letter f of GDPR. The provider has a legitimate interest in improving service quality.
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