General Terms and Conditions of HOGALOG

Status: 11.05.2020 (Expired 04.01.2021)

As of 04.01.2021, after a period of 30 days, these GTC have been replaced by the following version: https://hogalog.ch/en/gtc/

1. Terms of use

Please read these conditions carefully before using the B2B platforms of HOGALOG. By using any product of HOGALOG in any way you declare your agreement with the following conditions. In case of doubt and in the event of any contradictions in the various versions of these GTCs, the German version shall prevail.

As used in these General Terms and Conditions, the terms «we», «us» and «HOGALOG» refer to HOGALOG as the contracting party. The term «B2B plattform» includes the HOGASHOP in all versions and independent installations with the branding of partner companies.

2. Scope

The following General Terms and Conditions of Business (GTC) apply to the use of the B2B platforms of HOGALOGand the business relationships between HOGALOG and its customers in the version currently available and valid when the platform is accessed and ordered.

A customer is defined as any natural or legal person who maintains business relations with HOGALOG. This includes both suppliers and customers of the B2B platforms of HOGALOG. The General Terms and Conditions, the payment conditions and the data protection regulations may be amended from time to time, and HOGALOG will inform the customers of such amendments. HOGALOG asks you to read these provisions carefully each time you visit B2B platforms, each time you make an offer via the B2B platforms and each time you place an order.

You acknowledge and agree accordingly that HOGALOG may amend these General Terms and Conditions at any time by publishing the amended and adapted General Terms and Conditions on the website of HOGALOG and the B2B platforms, which are available at https://hogalog.ch/en/gtc, and that such amendments to the General Terms and Conditions shall apply from the date of publication. If you continue to use the Services after publication of the amended General Terms and Conditions on the HOGALOG website, this will be deemed to be your agreement and acceptance of the amended General Terms and Conditions. When using the B2B platforms, when making offers via the B2B platforms or when placing an order, the user confirms that he fully accepts these GTC including payment terms. If you do not agree to any changes to the Terms and Conditions, you may no longer use the Services.

These General Terms and conditions apply exclusively. Conflicting, supplementary or deviating Terms and conditions require the express written confirmation of HOGALOG to be valid.

Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

These GTC apply to the use of the B2B platforms based on the HOGASHOP, in all versions or independent installation with the branding of partner companies.

If you do not agree to the changes, you must stop using the Services.

3. The role of HOGALOG

HOGALOG itself is not a supplier of goods on the platforms, but only provides a platform for the processing of orders and other data exchange between customers and suppliers independent of HOGALOG. In view of its brokerage activities, HOGALOG is not a contractual partner in the orders processed via the respective platforms; a contractual relationship is only established between supplier and customer.

4. Electronic communication

When you use the B2B platforms or send e-mails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including e-mail, text messages, in-app push messages, or by posting electronic messages or other communications on our website. For contractual purposes, you agree that all consents, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing unless otherwise required by applicable law.

5. Copyright and database rights

All content included in or provided by theB2B platforms, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of HOGALOG or of third parties who supply content such as product data or who make content available on the website, and is protected by Swiss and international copyright and database right. Excluded are product images, product data, product names and company logos that are not the property of HOGALOG and appear in the B2B platforms, remain the property of the respective owners.

You may not systematically extract and/or reuse parts of the B2B platforms without our express written consent. In particular, you may not use data mining, robots or similar data collection and extraction programs to extract any substantial parts of the B2B platforms for re-use (whether once or several times) without the express written consent of HOGALOG.

6. Trademark and labelling rights

In addition, HOGALOG’s graphics, logos, headers, button icons, scripts and service names contained in or provided by the B2B platforms represent trademarks and trademark rights of HOGALOG. HOGALOG’s trademark and labelling rights may not be used in connection with a product or service that does not belong to HOGALOG in such a way that there is a possibility of confusion among customers, or in such a way that disparages or discredits HOGALOG. All other trademarks and signs that are not the property of HOGALOG and appear in the B2B platforms remain the property of their respective owners.

7. License and access

HOGALOG or other content providers reserve all rights not expressly granted to you in these Terms of Use or in the Terms of Service. The B2B platforms Platform or any parts thereof may not be reproduced, duplicated, copied, sold, resold or otherwise used for commercial or non-commercial purposes without our express written consent.

You may not use framing or framing techniques to attach trademarks, logos or other copyrighted information (such as images, text, page layout or form) of HOGALOG or B2B platforms without our express written consent. You may not use any meta tags or other «hidden text» using the name or trademarks and distinctive signs of HOGALOG without our express written consent.

You must not misuse the B2B platforms. You may only use the B2B platforms within the legally permitted framework. The rights granted by HOGALOG to use the B2B platforms expire if you do not comply with these Terms of Use or the Terms of Service. In the event of improper use of the B2B platforms, HOGALOG reserves the right to terminate the contract or licence and access to the platform without notice.

8. Your account

You may need a B2B platform account in order to use certain services, or you may need to be logged into your B2B platform account.

If you use the B2B platforms, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and to the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept secret and secure and you should notify us immediately if you have any reason to believe that a third party has obtained knowledge of your password or if the password is being, or is likely to be, used without authorization.
You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes to the information you provide.
You acknowledge that HOGALOG will use the e-mail address provided by you when you opened your account or updated at a later date as the primary method of communication.
You are responsible for keeping your password safe. HOGALOG cannot and will not be held liable for loss or damage caused by failure to ensure the security of your account and password.
You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, code, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your account («Materials»).
The breach or violation of any condition of these General Terms and Conditions, including the Terms of Use, will result in the immediate termination of your Services at the sole discretion of HOGALOG.

You must not use the B2B platforms:

(i) in a manner likely to disrupt, damage or otherwise interfere with the B2B platforms or access thereto; or

(ii) for fraudulent purposes or in connection with a crime or unlawful activity; or

(iii) to cause annoyance, inconvenience or fear.

We reserve the right to withhold modules or services with or without connection to the B2B platforms or to close membership accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our guidelines.

HOGALOG may, at its own discretion and without giving reasons, reject your application for an account or cancel an existing account.

9. Ordering by customers from suppliers

a. Information in the B2B platforms

The B2B platforms contain information about products and services of HOGALOG independent suppliers. We reserve the right to change prices and product range as well as technical changes by the suppliers. All information on the B2B platforms (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood as approximate values only and, in particular, do not represent any assurance of properties or guarantees unless explicitly stated otherwise. HOGALOG and the providers independent of HOGALOG make every effort to provide all data and information on the B2B platforms correctly, completely, up-to-date and clearly arranged, but HOGALOG cannot guarantee this either explicitly or implicitly. Likewise, HOGALOG cannot guarantee that the B2B platforms will be available at all times. Any and all claims against HOGALOG arising from the unavailability of the B2B platforms are excluded to the extent permitted by law.

All offers on the B2B platforms are subject to change and are not to be understood as binding offers.

HOGALOG cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and are subject to change at any time and without notice.

The providers on the B2B platforms are obliged to keep the data up-to-date to the best of their knowledge. The data is transmitted automatically, the provider is responsible for the control after each transmission. HOGALOG provides suitable means for this purpose (e-mail, logs, online administration).

b. Prices

The price information of the B2B platforms is the sole responsibility of the providers. The exact form of VAT, possible advance recycling fees (VRG) and copyright levies for electronic equipment are part of the contract between supplier and purchaser. Possible shipping costs are agreed upon between supplier and buyer and are not necessarily shown in the order process. HOGALOG is not obliged to check these prices of the providers.

Technical changes, errors and misprints by the providers are reserved. In particular, the provider can make price changes at any time and without prior notice.

c. Conclusion of contract

By logging into the B2B platforms, offering goods as a supplier or ordering goods as a buyer, users of HOGALOG accept these General Terms and Conditions.

The offers on the B2B platforms represent a non-binding invitation by the suppliers to the buyers to order products and/or services. By ordering goods, the customer accepts a legally binding offer to conclude a contract. The orders placed are binding for the customer. The contract is concluded as soon as the provider sends a declaration of acceptance by e-mail, in which the dispatch of the ordered products or services is confirmed.

All other details of the delivery of goods, for example the right of withdrawal, warranty, terms of payment, delivery periods, obligation to inspect, notification of defects or return, are regulated by bilateral contracts between the suppliers and buyers.

d. Payment options

The providers are free to define certain payment methods for the customers or to insist on payment in advance. In the event of delays in payment, the customer is not excluded from default interest and reminder fees. The products delivered to the Customer remain the property of the Supplier until full payment has been received.

The sales prices of the providers do not include consulting and support services by HOGALOG.

e. Warranty

The providers are obliged to make every effort to deliver goods of perfect quality and to ensure the statutory warranty period for freedom from defects and functionality of the goods purchased by the customer. It is at the discretion of the supplier to provide warranty by free repair, equivalent replacement or refund of the purchase price.

Claims against HOGALOG are excluded.

10. Operation of the B2B platforms

HOGALOG designs the B2B platforms (software, hardware, infrastructure) basically for uninterrupted 7x24x365 operation. The application is operated on a completely redundant software and hardware architecture, so that failures of individual components do not affect the availability of the system over a longer period of time.

Daily external backups allow data to be restored even in the event of operating errors.

HOGALOG further develops the software of the B2B platforms, both the online solution and the applications for mobile devices. In the course of further development, individual functions may also be modified, removed and/or replaced by other functions. HOGALOG will inform affected customers of such changes in good time, but is not obliged to wait for approval or confirmation of receipt.

We always try to ensure that the B2B platforms is available without interruptions and that transmissions are free of errors. However, due to the nature of the Internet this cannot be guaranteed. Your access to the B2B platforms may also be occasionally interrupted or restricted to allow repairs, maintenance or the introduction of new facilities or services. We attempt to limit the frequency and duration of any such temporary suspension or restriction.

A recovery time cannot be contractually fixed, among other things because the processing depends on the complexity of the request and on the influence of third parties, over which HOGALOG has no influence.

Maintenance work is carried out during periods of low visitor frequency (usually between 4:00 and 6:00 Swiss time). Occasionally, however, work can also be carried out at other times, especially to rectify faults.

HOGALOG chooses as partners for hosting and development of the B2B platforms companies that offer equal or better availability. Nevertheless, HOGALOG cannot influence the provision of services by these external providers. Likewise, human error cannot be completely excluded in the development and support of the platforms.

The customers – both suppliers and buyers – are responsible for keeping an emergency scenario available on their side in the event of possible disruptions that occur on the part of HOGALOG or third party suppliers (see above). This can be, for example, an order acceptance by e-mail or telephone. On request, HOGALOG offers suitable concepts and order lists in PDF format for such scenarios.

11. Use of ordering devices and device management

HOGALOG can provide mobile ordering devices in consultation with buyers and suppliers. The users of the equipment are obliged to handle the equipment with care. HOGALOG may charge for any damage.

Defective devices will be checked by HOGALOG for warranty claims. If this is not given, the repair costs will be charged to the user.

Third parties who offer devices reserve the right that the hardware is not supported indefinitely (for example, no further updates of the iOS operating system). In such cases HOGALOG is no longer able to provide long-term support.

Using the devices as a personal hotspot is not a security risk. This feature can only be disabled on devices running iOS 12.2 and above. The customer of HOGALOG determines which Apps may be installed and which may not. HOGALOG will block the Apps specified by the customer and in doing so will make use of the possibilities offered by the «JAMF» administration program or other options. Blocks that may go beyond this are not guaranteed to be implemented. The user/customer is responsible for the internet use and the corresponding invoice of the operator.

The customer is responsible for the WLAN connection at the place of use.

It is the responsibility of the user to ensure that HOGALOG can carry out the agreed updates and checks. If an update carried out by HOGALOG on the ordering device is postponed to a later date or is not accepted, the user shall be responsible for any subsequent errors caused by updates to the platform, third-party software or other HOGALOG services.

12. Obligation of secrecy

«Confidential Information» includes, but is not limited to, all information related to a party’s business that is not publicly known, including specific business information, technical processes and formulas, software, customer lists, lists of prospective customers, names, addresses and other information about customers and prospects, product designs, sales, costs (including any relevant handling fees), price lists and other unpublished financial information, business plans and marketing data, and other confidential and proprietary information, whether marked confidential or proprietary. Confidential information includes all information you receive in connection with us and the Services that is not known to the general public, including information about our security program and practices.
Each party agrees to use the other party’s confidential information only as necessary to perform its obligations under these Terms and Conditions and in accordance with any other obligations in these Terms and Conditions including this Section 12. Each party agrees to take all reasonable steps, at least substantially equivalent to the steps to protect its own Proprietary Information, to prevent the duplication, disclosure or use of such confidential information, except
(i) by or to its employees, agents and subcontractors, who must have access to such confidential information to perform that party’s obligations under this Agreement, who shall treat such confidential information as described herein, and who shall have obligations of confidentiality to such party that are at least as strict as those contained herein; or
(ii) as required by any law, regulation or order to the ordinary jurisdiction of which the parties and the subject matter contained in these Terms and Conditions are subject, provided that the receiving party, to the extent permitted by law, promptly notifies the disclosing party in writing and makes commercially reasonable efforts to ensure that such disclosure is kept confidential.
Confidential information shall not contain information that the receiving party can prove:
(A) was already publicly known or known or in the possession of the receiving party at the time of disclosure of such information;
(B) is discovered independently of the receiving party without using or referring to the other party’s confidential information and without violating any provision of these Terms and Conditions; or
(C) is subsequently rightfully obtained by the receiving party from a source other than the disclosing party without violating any provision of these Terms and Conditions.

13. Limitation of liability

To the extent permitted by law, HOGALOG excludes all liability, irrespective of its legal basis, as well as claims for damages in connection with the use of the B2B platforms and any auxiliary persons and vicarious agents.

You expressly acknowledge and agree that HOGALOG is not liable, to the extent permitted by law, for direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profit, goodwill, inability to use, loss of data, other personal injury, property damage or pure financial loss of the user or other material or immaterial damage arising from the use or inability to use the Service.

The right is reserved to further mandatory legal liability, for example for gross negligence or unlawful intent.

HOGALOG uses hyperlinks solely to facilitate access by the customer to other websites. HOGALOG can neither know the content of these websites in detail nor assume liability or other responsibility for the content of these websites. This also applies to documents linked by providers.

The following restrictions also apply:

You use the Services at your own risk. The Service is provided «as is» and «as available» without any express, implied or statutory guarantee or warranty.
You expressly acknowledge and agree that DIE VON DER HOGALOG is not subject to any obligations to implement any requests made.
Customers expressly acknowledge and expressly agree that they acknowledge the value of the services offered by HOGALOG and the «B2B platforms» platform and have no claim to «goodwill» or consideration from HOGALOG for the volume of sales generated by the customer on the platform.
HOGALOG does not guarantee that the Services will function without interruption, promptly, securely or without errors. The aim is to achieve the highest possible availability of 99%.
HOGALOG does not guarantee that the results that can be achieved by using the Services are correct or reliable.
HOGALOG does not guarantee that wishes relating to the B2B platforms software will be realised. Especially not new modules/services which should be offered free of charge.
HOGALOG does not guarantee that the quality of products, services, information or other materials purchased or obtained by the provider or buyer through the Services will meet their expectations or that errors in the Services will be corrected.

14. Costs of the B2B platform

The use of the B2B platform for entering orders is free of charge for buyers. Additional services can be calculated individually by HOGALOG.

The use of the B2B platforms as a provider is subject to a fee. The ongoing operation, further development and support of suppliers and customers are financed by these fees. Fees are determined individually and are defined in more detail in a service agreement between HOGALOG and the provider.

HOGALOG charges for the services and use of the B2B platform which are subject to a charge. Invoices are to be paid by 30th day after the invoice date.

HOGALOG reserves the right to pay a reminder fee of CHF 20 per reminder from the first reminder.

The prices for the use of the Services can be changed with 30 days› notice by HOGALOG. This notification can be made at any time by publishing the changes on the HOGALOG website (https://hogalog.ch) or in the administration menu of your B2B platform account with an announcement.
HOGALOG reserves the right to change or discontinue the Service (or any part of it) at any time, unless otherwise contractually agreed and occasionally with or without notice.
HOGALOG is not liable to you or third parties for changes, price changes, the blocking or discontinuation of the Service.

15. Data protection

HOGALOG and the providers on the B2B platforms may process and use the data recorded as part of the orders to fulfil the obligations arising from the purchase agreement and for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners (logistics partners) or other third parties.

All other details are defined in the data protection regulations of HOGALOG.

16. Changes to services or changes to the terms of use

Users are subject to the General Terms and Conditions, contractual Terms and Conditions and terms of use which are in force at the time you use the B2B platforms or services of HOGALOG. If you are the owner of a B2B platform account and provided that you are not unduly disadvantaged by the change, we are entitled to change the General Terms and Conditions, contractual conditions and terms of use, regulations and service conditions, in whole or in part, at any time and without prior notice for the following reasons For legal or regulatory reasons; for security reasons; to further develop or optimise existing features of the Services and to add additional features; to take account of technical progress and make technical adaptations and to ensure the future operability of the Services If we make changes, we will inform you of these changes within a reasonable period of time and point out the rights to which you are entitled. You have the possibility to close your customer account at any time. If any amendment is found to be invalid, void or for any reason unenforceable, the validity and enforceability of the remaining amendments or conditions shall not be affected thereby. Nevertheless, we reserve the right to make changes to the B2B platforms and/or our services at any time.

17. No waiver

If you breach these Terms of Use and we do not take action against you, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.

18. Further rights of HOGALOG

We reserve the right to refuse service to any person at any time for any reason.
We may, but are not obligated to, remove materials and suspend or terminate accounts if we determine, in our sole discretion, that goods or services offered by a vendor or materials uploaded or published in a range violate our Terms of Use or these Terms and Conditions.
Verbal or written abuse of any kind (including threats of abuse or retaliation) by HOGALOG customers, employees, members or managers will result in immediate termination of the account.
Materials are not pre-screened by HOGALOG and it is at our sole discretion to refuse or remove materials from the Service, including the uploaded assortment.
We reserve the right to make our services available to your competitors and do not promise exclusivity in any particular market segment. In the event of disputes regarding account ownership, we reserve the right to request documents to establish or confirm account ownership. These documents include a scanned copy of your business licence, an official photo ID, the last four digits of the deposited credit card, your status as an employee of a company, etc.
HOGALOG reserves the right to determine the legal ownership of the account at its own discretion and to transfer an account to the legal account holder. If, without prejudice to our other rights and remedies, we are unable to determine the rightful account holder, HOGLOG reserves the right to temporarily deactivate an account until the parties to the dispute have reached a resolution.

19. Additional terms of use for the B2B platforms

a. Using the software

You may only use the B2B platforms to the extent permitted by the Terms of Use, these Software Terms of Use and the Terms of Service. You may not incorporate parts of the B2B platforms into your own computer programs or compile them in connection with your own computer programs, transfer or sell, rent, loan, distribute or sublicense them for use with any other service, or otherwise transfer any rights in the B2B platforms or any part thereof. You may not use the B2B platforms or the ordering equipment provided by HOGALOG for illegal purposes. The right to use the B2B platforms ends automatically without the need for a corresponding termination if these software terms of use, the terms of use or other terms of service are not complied with. Additional third-party software terms of use which are included in or distributed with certain HOGALOG services and which are mentioned in the associated documentation may also apply to the B2B platforms and take precedence with regard to the use of such software/hardware in the event of contradictions with these terms of use. Any software used by you is the property of HOGALOG or its licensors and is protected by Swiss and international copyright law.

b. Use of third party services

When you use the B2B platforms or related services, you may also be using services of one or more third parties, such as a network operator or mobile phone provider. Your use of such third party services may be subject to separate terms, conditions, and fee obligations of such third party providers. HOGALOG distances itself from these and is not liable in any way.

c. No reverse engineering

Unless expressly permitted by applicable mandatory law, you may not, and may not encourage, assist or authorise others to, copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with HOGALOG software or any part thereof or create derivative works based thereon.

d. Updates

To keep the B2B platforms up to date, we may offer automatic or manual updates at any time and without prior notice.

20. Third party services within and outside the B2B platforms (AppStore and use of the public API)

HOGALOG may from time to time recommend, provide access to or activate third-party software, applications («Apps»), products, services or website links (collectively «Third Party Services») for you to consider or use, including through the HOGALOG AppStore. These Third Party Services are provided to you only as a service, and if you purchase, access or use these Third Party Services, it is solely between you and the applicable Third Party Provider («Third Party Provider»). In addition to these Terms and Conditions, you also agree to be bound by the additional service-specific Terms and Conditions that apply to the services purchased by you from, or provided by, third parties.
Any use of third party services offered through various channels is solely at your own risk and discretion and it is your responsibility to read the Terms and Conditions and/or privacy policy applicable to such third party services before using the services. In some cases HOGALOG may receive a share of the turnover from third parties that HOGALOG recommends to you or that you otherwise commission through your use.
We make no warranties or representations with respect to third party services. You acknowledge that HOGALOG has no control over the Services of third parties and is not responsible or liable to you or anyone else for these Services. The availability of third-party services on HOGALOG Websites, including the HOGALOG AppStore , or the integration or activation of these third-party services with the Services does not constitute or imply any recommendation, authorisation, financial support or connection of or with HOGALOG. HOGALOG does not guarantee the availability of third party services and you acknowledge that HOGALOG may at any time at its own discretion and without notice to you deactivate access to third party services. HOGALOG is not responsible or liable to anyone for stopping or blocking access to or deactivating the services of third parties. HOGALOG strongly recommends that you seek advice from specialists before using or accessing third-party services to ensure that your requirements are met.
If you install or activate a Third Party Service for use with the Services, you grant us permission to permit the applicable Third Party Provider to access your data and other materials and take such other actions as are necessary to make the Third Party Services compatible with the Services, and any exchange of data or other interaction between you and the Third Party Provider shall be solely between you and such Third Party Provider. HOGALOG is not responsible for any disclosure, modification or deletion of your data or other materials or for any loss or damage that you may suffer as a result of access to your data or other materials by a third party service provider or a third party service provider.
The relationship between you and third parties is solely between you and this third party and HOGALOG is not obliged to intervene in disputes between you and a third party.
Under no circumstances shall HOGALOG be liable for direct, indirect, incidental, special, consequential, exemplary, punitive or other damages arising from third party services or your contractual relationship with a third party provider. These restrictions apply even if HOGALOG has been advised of the possibility of such damage. The above restrictions apply to the greatest possible extent permitted by law.
You agree to indemnify and hold us and (where applicable) our parent company, subsidiaries, affiliates, HOGALOG partners, officers, directors, agents, employees and suppliers harmless from and against any claim or demand (including reasonable legal fees) made by you as a result of your use of a Third Party Service or your relationship with a Third Party Provider.

21. Other provisions

In the event of disputes, only substantive Swiss law shall apply, excluding conflict of laws provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction shall be WINTERTHUR, unless the law provides for compulsory places of jurisdiction.

22. Contact

If you have any questions regarding these Terms and Conditions, please contact us:

HOGALOG AG

Archstrasse 7

8400 Winterthur

Switzerland

Phone: 043 – 500 40 65

e-mail: [email protected]

HOGALOG AG, succursale de Suisse Romande

Avenue Gratta Seal 2

1018 Lausanne

Switzerland

Phone: 021 – 968 19 39

e-mail: [email protected]

Privacy policy of HOGALOG AG

Status: 11.05.2020 (Expired 04.01.2021)

As of 04.01.2021, after a period of 30 days, these GTC have been replaced by the following version: https://hogalog.ch/en/gtc/

1. Preamble

The safety of the users is the first priority. HOGALOG respects the privacy of the users of the B2B platforms it provides and maintains.

These data protection regulations form the basis for the processing of personal data and provide information about which user data is collected by HOGALOG and how this data is used. HOGALOG complies with the applicable data protection laws and processes personal data solely for the purposes for which the data was transmitted.

These data protection provisions apply to the B2B platforms of the HOGALOG AG. This includes the HOGASHOP in all versions and independent installations with the branding of partner companies.

This privacy policy will be adapted, supplemented or amended from time to time. With each new call or visit to the website, the current, retrievable version applies.

2. Type of data collected

When visiting B2B platforms, statistical visitor data is collected on which parts of the web application are visited by the respective user and how often. This may include, for example, information regarding the browser, operating system, weblogs and other connection information used by the user, whether such information is required for our purposes or otherwise. In this context it is sometimes necessary to use so-called cookies. These collected statistical data do not contain any personal reference or are sufficiently anonymous to prevent any conclusions being drawn about your person. The HOGALOG AG may use third party providers for the collection of data, some of whom have their own data protection regulations over which the HOGALOG AG has no influence, such as «Google Adwords» or «Piwik».

Changes to the personal user account – for example, the creation of order lists, the addition of products to the shopping cart, the processing of your own master data – are stored in a personal log to ensure customer service. All entries in the log contain the user account used, the IP address, the browser and the values of the changes made in the database.

All orders are filed in an order archive and stored indefinitely. The order data can be retrieved and evaluated by the responsible provider.

HOGALOG AG uses the personal data of users such as name, address, telephone number or e-mail address exclusively for order processing, customer service and information purposes relating to the B2B platforms.

In the mobile applications of the B2B platforms, barcodes can be captured with the camera. This requires access to the camera of the devices. The camera data is used exclusively for barcode capture.

Optionally, HOGALOG AG applications can also be used for inventory recording by the user. In this case, the user himself actively stores the existing inventory. The data is stored in the database of HOGALOG AG.

3. Use of cookies

Cookies are used for the operation of the B2B platforms. Cookies are small pieces of software information that are stored on the user’s hard drive by browsers (for example, Internet Explorer or Mozilla Firefox) to enable the user’s authorization while using the B2B Platform. These cookies are completely anonymous and contain no personal data, only technical information, for example the currently selected language.

Most browsers automatically accept such cookies, but you can set your browser to refuse to accept or store cookies. For details, please refer to the operating instructions or help function of the browser. The B2B platforms cannot be used without cookies.

At no time is spyware installed or used to access data and information stored on the computer.

4. Use of the data

The anonymised statistical data, which is recorded when B2B platforms are called up, can be used for analysis purposes, to optimise the application and to measure performance.

Provision, troubleshooting and improvement of HOGALOG services: We use your personal information to provide functions, analyse services, correct errors and improve the user-friendliness and effectiveness of HOGALOG products and the B2B platforms.

Recommendations and personalization: We process your personal information to recommend functions, products and services that may be of interest to you, to determine your preferences and to personalize your experience with the B2B platforms.

The personal data of the customer in the database as well as the details of the orders are passed on to the suppliers selected by the customer for the order. The providers can statistically evaluate the order data transmitted to them without limitation. HOGALOG AG may also use the order archive for statistical, accounting or technical purposes. A use for optimizing search results is not excluded.

For customer service, the personal data of the users as well as the data of the user log are used. A statistical evaluation or other evaluation of the log beyond customer service is not carried out.

Users› contact details are used to send information or notification relating to functions of the B2B platforms or services of HOGALOG AG. The sending of this information can be refused (opt-out).

The camera data captured with the mobile applications of the B2B platforms are used exclusively for barcode recognition in real time and are not stored or otherwise evaluated. The barcodes are used solely as criteria for searching for specific products within the framework of using the B2B platforms.

Inventory data provided by the user is not evaluated by HOGALOG AG. A transfer to partners of HOGALOG AG will only take place at the request of the user

5. Transmission of your data

HOGALOG AG and any subsidiaries and branches of the company may use personal data in accordance with these data protection regulations. Beyond that, personal data will not be disclosed to third parties.

This does not apply if the User has consented to the transfer of the data to companies, for example in connection with orders placed with suppliers or the transfer of order lists to recipe software, or if HOGALOG AG is required to do so by law, government authorities or courts. In addition, when service providers are called upon to assist HOGALOG AG in the processing of data, the administration of the website or in any other way, as well as in providing the products and services requested by the user. These third parties are obliged to maintain the same level of security and data protection as HOGALOG AG.

Suppliers in the B2B platforms are given the opportunity to provide information material for users on the B2B platforms.

6. Data security

Unfortunately, the transmission of data via the Internet is not absolutely secure. HOGALOG AG works together with service providers and Internet service providers who take appropriate technical and organisational security measures to protect the personal data of users. However, HOGALOG AG cannot guarantee the security of the data transmitted by the user. Any data transmission is therefore at your own risk.

7. Information and withdrawal rights

Naturally, every user is free to inform HOGALOG AG at any time – for example by e-mail – that personal data will not be used in future to establish contact. Participation in the special services of HOGALOG AG, such as the newsletter, can also be revoked at any time.

In addition, it is possible to obtain information on the processing of the data or to request a copy of the personal data collected via the B2B platforms. Please send corresponding enquiries in writing to HOGALOG AG.

8. Final provisions

Should individual provisions or parts of these data protection provisions prove to be null and void or ineffective, the validity of the remaining data protection provisions shall not be affected.

The place of jurisdiction and the applicable law are determined by the General Terms and Conditions.