GTC – General Terms and Conditions
valid per: 04.01.2021
old version: https://hogalog.ch/en/old_agb_en/
Please read these conditions carefully before using the B2B Platforms of HOGALOG AG. By using the B2B Platforms or any other service of HOGALOG AG 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 Terms and Conditions, the German version shall take precedence.
As used in these General Terms and Conditions, the terms “we“, “us” and “HOGALOG” refer to HOGALOG AG, Archstrasse 7, 8400 Winterthur, Switzerland as the contracting party.
“B2B Platform(s)” shall mean the HOGASHOP at http://www.hogashop.ch (“HOGASHOP“) in all versions as well as all independent installations with the branding of partner companies, whereby the term “B2B Platform(s)” includes all other services of HOGALOG which are connected with the B2B Platforms.
2. SCOPE OF APPLICATION AND AMENDMENTS
The use of the HOGALOG B2B Platforms and the business relations between the HOGALOG and its Customers are governed by the following General Terms and Conditions of Business including data protection regulation (“GTC“) in the version currently available and valid when the B2B Platform is called up when the order is placed.
The term “Customer” – in these General Terms and Conditions also referred to as “you“, “your“, “User” – is used to describe any natural or legal person who maintains business relations with HOGALOG. This includes both Suppliers and Buyers on the HOGALOG B2B Platforms. The General Terms and Conditions may be amended from time to time. HOGALOG therefore recommends that each time you visit the B2B Platforms, make an offer via the B2B Platforms and place an order via the B2B Platforms, you should carefully read through the current GTC posted on the B2B Platforms.
You acknowledge and agree accordingly that HOGALOG may amend these Terms and Conditions at any time by publishing the amended and adapted Terms and Conditions on the Website of HOGALOG (in particular https://hogalog.ch/de/agb including all sub-domains; “Website“) and the B2B Platforms available at www.hogalog.ch and that such amendments to the Terms and Conditions shall be valid from the date of publication. If you continue to use the B2B Platforms after publication of the amended GTC s on the HOGALOG Website, this shall be deemed to be your agreement and acceptance of the amended T&Cs. When using the B2B Platforms, the User confirms that he fully accepts these GTC when making offers via the B2B Platforms or placing an order. If you do not agree to changes to the GTC, you may no longer use the B2B Platforms and the Website.
Unless otherwise provided, these General Terms and Conditions replace all previous oral or written agreements, negotiations, correspondence, obligations and notices between the parties and conclusively regulate the relationship entered into between the parties (between HOGALOG and Supplier and between HOGALOG and Customer) in the agreement. However, the separate agreements between HOGALOG and the Suppliers are reserved and shall apply in addition to these GTC, provided that this is stated accordingly in the separate agreements. In the event of contradictions or ambiguities the separate agreements between HOGALOG and the Suppliers shall only take precedence over these T&Cs if this is stated in the separate agreements.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Invalid or void provisions shall be replaced by valid provisions which come closest to their economic purpose. The same procedure shall be followed if there is a gap in the contract or if a provision proves to be unenforceable.
These GTC apply to the use of the B2B Platforms based on the HOGASHOP in all versions including independent installations with the branding of partner companies.
If you do not agree to the terms and conditions or to the changes described above, you must stop using the B2B Platforms and the Website.
3. THE ROLE OF HOGALOG
HOGALOG itself is not a Supplier of products on the B2B Platforms, but only provides a Platform for the processing of orders and other data exchange between Buyers and Suppliers independent of HOGALOG. In view of its brokerage activities, HOGALOG is not a contractual partner in the orders processed via the B2B Platforms and in the products offered and sold; a contractual relationship arises in this respect only between Supplier and Buyer.
4. ELECTRONIC COMMUNICATION
By using a HOGALOG B2B Platform or by sending us e-mails, text messages or other messages from your computer or mobile device, you agree that we may also communicate with you 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 consent, notices, disclosures and other communications that we provide to you electronically is not required to be in written form, unless otherwise required by applicable law.
5. COPYRIGHTS AND RIGHTS TO DATA
All content included in or provided by the B2B 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 make it available on the Website and is protected accordingly. All such content may not be used by you without the written consent of HOGALOG. Excluded are product images, product data, product names and company logos which are not the property of HOGALOG or third parties and which appear on the B2B Platforms. These 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 any 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. BRAND AND TRADEMARK RIGHTS
HOGALOG’s graphics, logos, headers, button icons, scripts and service names contained in or provided through the B2B Platforms or the Website contain trademarks, trade names and copyrights of HOGALOG. HOGALOG’s trademark rights, distinctive sign rights and copyrights may only be used within the framework of the contractual relationship with HOGALOG in accordance with these General Terms and Conditions. All other trademarks and signs which are not the property of HOGALOG and appear in the B2B Platforms remain the property of the respective owners and may not be used.
7. LICENSE AND ACCESS
HOGALOG or other content providers reserve all rights not expressly granted to you in these GTC. The B2B Platforms 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 frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (such as images, text, page layout or form) of HOGALOG or the B2B Platforms without our express written consent. You may not use meta tags or any other “hidden text” utilizing the name or trademarks and distinctive signs of HOGALOG without our express written consent.
You may not misuse the B2B Platforms. You may only use the B2B Platforms within the scope permitted by law and contract (in particular in accordance with these GTC). The rights granted by HOGALOG to use the B2B Platforms expire if you do not comply with these GTC. In the event of misuse of the B2B Platforms, HOGALOG reserves the right to terminate the agreement or license and access to the B2B Platform without notice.
8. YOUR ACCOUNT
You may need an account for one of the B2B Platforms to use certain services, or you may need to be logged into your account.
- If you use any of 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 confidential 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 you provided 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 is not liable for any loss or damage caused by failure to maintain 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“) and you agree not to use any materials that are unlawful, in violation of this agreement or that violate any law, contract or morality.
You may not use the B2B Platforms:
(i) in a way that is likely to disrupt, damage or otherwise affect the B2B Platforms or access thereto; or
(ii) for fraudulent purposes or in connection with a crime or illegal 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 accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our General Terms and Conditions, in which case HOGALOG is also entitled at its sole discretion to terminate the contractual relationship with you immediately.
HOGALOG may, at its sole discretion and without giving reasons, reject your application for an account or block and/or delete an existing account.
9. ORDERING PROCESS OF THE CUSTOMERS WITH THE SUPPLIERS
a. Information in and availability of the B2B Platforms
The B2B Platforms contain information about goods and services (the latter relating to project, consulting and support activities) from Suppliers (“Products“) that are independent of HOGALOG. We reserve the right to make changes to prices and product ranges 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 Suppliers make every effort to provide all details and information on the B2B Platforms correctly, completely, up-to-date and clearly arranged, but HOGALOG and the Suppliers cannot guarantee this either explicitly or implicitly. Likewise, HOGALOG cannot guarantee that the B2B Platforms are available at all times. Any and all claims against HOGALOG arising from the non-availability of the B2B Platforms are excluded to the extent permitted by law.
All offers on the B2B Platforms are subject to change without notice and are not to be understood as binding offers by the Suppliers.
HOGALOG and the Suppliers cannot guarantee that the listed products are available at the time of ordering. Therefore, all information regarding availability and delivery times are without guarantee and are subject to change at any time and without notice.
The Suppliers on the B2B Platforms are obliged to keep the data up-to-date to the best of their ability. The data is transmitted automatically; the Supplier is responsible for checking after each transmission. HOGALOG can provide suitable means for this purpose (e-mail, logs, online administration).
The price information on the B2B Platforms is the sole responsibility of the Suppliers. The exact structure of the value-added tax, any advance recycling fees (ARF) and copyright levies for electronic equipment are part of the contract between Supplier and Buyer. Possible shipping costs are agreed between the Supplier and the Buyer and are not necessarily shown in the order process. HOGALOG is not obliged to check the Supplier’s prices or to ensure price transparency on the B2B Platform and accepts no responsibility for this.
Technical changes, errors and misprints by the Suppliers are reserved. In particular, the Supplier can make price changes at any time and without prior notice.
c. Conclusion of contract
By logging in to the B2B Platforms, offering products as a Supplier or ordering products as a Buyer, using the B2B Platforms in any other way or using the Website, the Users of the B2B Platform or the Website accept these GTC.
The offers on the B2B Platforms represent a non-binding invitation by the Suppliers to the Buyers to order goods and/or services. By ordering products, the Buyer accepts a legally binding offer to conclude a contract. The orders placed are binding for the Buyer. The contract is concluded as soon as the Supplier sends a declaration of acceptance by e-mail or other means of communication confirming that the ordered goods or services have been dispatched.
All other details of product delivery, for example right of withdrawal, warranty (see below), terms of payment (see below), delivery periods, inspection obligation, notification of defects (see below) or return, are governed by bilateral agreements between the Suppliers and Buyers.
d. Payment methods
The Suppliers are free to define certain payment methods or insist on prepayment. In the event of delayed payment, the Buyers are not excluded from paying interest on arrears and reminder fees. The goods delivered to the Buyer remain the property of the Supplier until full payment has been received.
The sales prices of the Suppliers do not include consulting and support services by HOGALOG.
The Suppliers are obliged to make every effort to deliver products of perfect quality and assure the Buyers that they will comply with the legal warranty rights and warranty periods for freedom from defects and functionality of the goods purchased by the Buyer. The specific provisions are set forth in the bilateral agreements between the Supplier and the Buyer.
Claims against HOGALOG are excluded.
10. OPERATION OF THE B2B-PLATFORMS
HOGALOG basically designs the B2B Platforms (software, hardware, infrastructure) 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 for a long 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 ordering devices. In the course of further development, individual functions can also be modified, removed and/or replaced by other functions. HOGALOG shall inform affected Customers of such changes in good time, but is not obliged to obtain approval or wait for confirmation of receipt.
We always strive to ensure that the B2B Platforms are available without interruption and that transmissions are error-free. However, this cannot be guaranteed. Your access to the B2B Platforms may also be interrupted or limited from time to time, for example to allow for repairs, maintenance or the introduction of new equipment or services. We try to limit the frequency and duration of each such temporary interruption or restriction.
HOGALOG cannot guarantee a recovery time, among other reasons 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 traffic (usually between 4:00 and 6:00 Swiss time). Occasionally – especially for troubleshooting – work can also be carried out at other times.
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. Similarly, human error in the development and support of the Platforms cannot be completely excluded.
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 could be, for example, an order acceptance by e-mail or telephone. On request HOGALOG offers suitable concepts and order lists as PDF for such scenarios.
All liability of HOGALOG for defectiveness, unavailability or limited availability of the B2B Platforms is expressly excluded to the extent permitted by law.
11. USE OF ORDERING DEVICES AND DEVICE MANAGEMENT
HOGALOG can provide mobile ordering devices in consultation with Buyers and Suppliers. The Users of the devices are obliged to handle the devices with care. HOGALOG may charge for any damage. HOGALOG is either the seller or lender of the mobile ordering devices, depending on the specific case. The provisions of the Swiss Code of Obligations relating to the contract of sale and/or loan shall apply accordingly in addition to these GTC. Unless it is expressly stated that this is a contract of sale, ownership of the mobile ordering devices remains with HOGALOG.
On all mobile ordering devices HOGALOG provides a warranty only to the extent that it is granted to HOGALOG by the product manufacturer and/or supplier and insofar as HOGALOG is the seller of the relevant devices. Defective appliances will be checked by HOGALOG to ensure that they meet the manufacturer’s warranty claim. If this is not given, the repair costs will be charged to the User.
HOGALOG takes care of the maintenance of the sold or rented mobile ordering devices through remote software. As a rule, the manufacturers reserve the right not to support the hardware indefinitely (for example, no further updates of the iOS operating system). In such cases HOGALOG cannot provide maintenance either.
The Customer of HOGALOG determines which Apps may be installed and which may not. HOGALOG will block the Apps explicitly excluded by the Customer and will make use of the possibilities offered by the administration program (currently “JAMF”) or other options. Blocks requested by the Customer which go beyond this cannot be implemented. Even if HOGALOG takes over the maintenance of the mobile ordering devices sold or loaned, the User/Customer shall be responsible for the use of these devices, i.e. in particular for the use of the Internet and data and the corresponding costs of the operator (e.g. mobile phone provider), for any damage resulting from loss of data or for liability for physical injury, etc., regardless of whether and how HOGALOG has implemented the above-mentioned blockings and regardless of whether and how these have worked.
The Customer is also responsible for the WLAN connection and/or the mobile Internet connection at the place of use.
It is the User’s responsibility 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 consequential errors caused by updates to the Platform, third-party software or other HOGALOG services.
All liability of HOGALOG for the defectiveness (of hardware or software) of mobile ordering devices is expressly excluded to the extent permitted by law. The User/Customer shall indemnify HOGALOG in full for any use of mobile ordering devices sold or loaned out which is contrary to the contract, illegal, immoral or improper.
Details regarding the manufacturer’s warranty and the device properties are governed by the currently valid General Terms and Conditions of Apple Inc. of Cupertino (CA), USA for Apple hardware and of Bison Schweiz AG, Sursee, Switzerland for the scanners.
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 processing fees), price lists and other unpublished financial information, business plans and marketing data, and other confidential and proprietary information, whether designated as confidential or proprietary. Confidential information includes all information that you receive in connection with us, the products and the use of the B2B Platform that is not known to the general public, including information about our Suppliers and Buyers. The Customer agrees to use the other party’s confidential information only as necessary to perform its obligations under these GTC and in accordance with any other obligations in these GTC including this Section 12. The Customer agrees to take all reasonable steps, at least substantially equivalent to those taken 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 in order to perform the Customer’s obligations under these GTC, who shall treat such confidential information as described herein, and who shall have confidentiality obligations to the Customer that are at least as strict as those contained herein; or
(ii) as may be required by any law, regulation or order to which the Customer and the subject matter contained in these GTC are subject in its ordinary course of jurisdiction, provided that Customer shall, to the extent permitted by law, promptly notify the disclosing party in writing and use commercially reasonable efforts to ensure that such disclosure is kept confidential..
The term Confidential Information does not include any information which, as evidenced by the Customer:
(A) was already publicly known or known to the Customer or was in the Customer’s possession at the time of disclosure of such information;
(B) was discovered independently of the Customer without using or referring to the other party’s confidential information and without violating any provision of these GTC; or
(C) was subsequently lawfully obtained by the Customer from a source other than the disclosing party without violating any provision of these GTC.
13. LIMITATION OF LIABILITY
To the extent permitted by law, HOGALOG excludes all liability, irrespective of its legal basis and claims for damages in connection with the use of the B2B Platforms and/or the Website and/or any auxiliary persons and/or vicarious agents.
You expressly acknowledge and expressly agree that HOGALOG is not liable to the extent permitted by law, in particular for direct, indirect, consequential or incidental damages for loss of profit, goodwill, impossibility of 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 impossibility of use of the B2B Platform or the Website.
The right is reserved to a more extensive mandatory legal liability, namely for gross negligence or unlawful intent or personal injury.
HOGALOG uses hyperlinks solely for the Customer’s simplified access to other Websites. HOGALOG can neither know the content of these Websites in detail nor can it assume liability or other responsibility for the content of these Websites. This also applies to documents linked by providers.
HOGALOG is not a party to the contract regarding the sale or offering of products, but only an intermediary via the B2B Platforms. The corresponding contract arises exclusively between the Suppliers and the Buyers. Accordingly, HOGALOG accepts no responsibility or liability whatsoever in connection with the products or the transfer of ownership of the same.
The following restrictions also apply:
- You use the B2B Platforms at your own risk. The B2B Platform services are provided “as is” and “as available” without any express, implied or statutory guarantee or warranty on the part of HOGALOG.
- You expressly acknowledge and expressly agree that HOGALOG is not subject to any obligation to implement any wishes or requests for changes or individual adaptations concerning the B2B Platforms.
- Customers expressly acknowledge and expressly agree that there is no claim to “goodwill” or consideration from the HOGALOG for the volume of sales generated by the Customer on the B2B Platforms.
- HOGALOG does not warrant that the B2B Platforms and/or the Website will function without interruption, timely, secure or error-free. The highest possible availability of 99 percent (based on 7x24x365 operation) is aimed for but not assured or guaranteed.
- HOGALOG does not promise that the results that can be achieved by using the B2B Platforms are correct or reliable.
- HOGALOG does not promise that wishes or requests for changes or individual adaptations will be realized around the software of the B2B Platforms (e.g. new modules/services, without additional remuneration).
- HOGALOG does not promise that the quality of products, information or other materials purchased or acquired by Suppliers or Buyers through the B2B Platforms will meet their expectations, be in accordance with the contract or free of defects, or that errors in the B2B Platforms will be corrected.
- HOGALOG assumes no liability for changes, suspensions or settings of the B2B Platforms.
This disclaimer exempts not only HOGALOG AG but also any subsidiaries and branches of HOGALOG AG and their partners, directors, organs, employees and representatives.
14. COSTS OF THE B2B PLATFORM
The use of the B2B Platforms for order entry is free of charge for Buyers. Additional services can be individually charged and invoiced by HOGALOG.
The use of the B2B Platforms as a Supplier is subject to a fee. The ongoing operation, further development and support of the Suppliers and Buyers are financed by these fees. The fees are determined individually and are defined in more detail in a separate agreement between HOGALOG and the Supplier.
HOGALOG shall invoice the Suppliers for the paid services and paid use of the B2B Platforms in accordance with the separate agreement mentioned above. Invoices are payable by the 30th day after the invoice date.
HOGALOG reserves the right to charge the Suppliers a reminder fee of CHF 20 per reminder from the first reminder.
15. DATA PROTECTION
HOGALOG and the Suppliers on the B2B Platforms may process and use the data of the Buyers collected in the context of the orders in order to fulfill the obligations arising from the purchase agreement between the Suppliers and the Buyers and for marketing purposes. The Buyer warrants that, where legally necessary, it has obtained the appropriate consent from the data subjects and has transparently disclosed the processing of personal data to the data subjects in accordance with these GTC. The data necessary for the performance of services may also be passed on to commissioned service partners (logistics partners, cloud providers, software providers) or other third parties.
For all further details please refer to the HOGALOG data protection regulations.
16. NO WAIVER
If you breach these GTC and we do not take action against it, we will still be entitled to exercise our rights on any other occasion in which you breach these GTC.
17. OTHER RIGHTS OF HOGALOG
- We reserve the right to deny a Customer the use of the B2B Platforms at any time for any reason.
- Verbal or written abuse of any kind (including threats of abuse or retaliation) by Customers, employees of Customers, members or managers will result in immediate termination of the account and, at the sole discretion of HOGALOG, immediate termination of the contractual relationship with HOGALOG.
- Materials are not pre-screened by HOGALOG and it is at our sole discretion to refuse or remove materials from the B2B Platforms, including the uploaded assortment.
- We reserve the right to make the B2B Platforms available to your competitors and do not promise exclusivity in any particular market segment and do not commit ourselves in any way to a non-competition clause. In the event of disputes regarding account eligibility, we reserve the right to request documentation to determine or confirm account eligibility. These documents include, but are not limited to, a scanned copy of your business license, official photo identification, the last four digits of the deposited credit card, your status as an employee of a company, etc.
- HOGALOG reserves the right, at its own discretion, to determine the rightful account holder and to transfer an account to the rightful account holder. If, regardless of our other legal possibilities, we are unable to determine the rightful account holder, HOGALOG reserves the right to temporarily deactivate an account until the parties to the dispute have reached a solution.
a. Use of the Software
b. Use of third party services
If you use the B2B Platforms or related services, you may also use services of one or more third parties, such as a network operator or a mobile phone provider. Your use of such third party services may be subject to separate terms, conditions, and fee obligations of those third parties. The Customer acknowledges and agrees that these fees are additional and directly owed to the relevant third party provider and that HOGALOG shall not be liable for such third party services.
c. No reverse engineering
You may not, and may not encourage, assist or authorize others to copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the HOGALOG Software, the B2B Platforms or parts thereof or create derivative works thereof.
In order to keep the B2B Platforms up to date, we may make automatic or manual updates at any time and without prior notice.
e. Functions within the Platform
Suppliers, Customers or third parties who use HOGASHOP have no right to make individual adjustments to the menu navigation or to show or hide functions.
f. “Add Suppliers”
On the HOGASHOP Platform, Customers can ask other Suppliers to establish a connection. This is done using the HOGASHOP function “Add Suppliers”. The Customer can request an activation from his Suppliers and the latter will decide on this individually. The Supplier cannot restrict his visibility in the HOGASHOP to the Customers or the possibility of the Customers contacting him via the HOGASHOP. Nor can the Supplier prevent or restrict the Customer from seeking, finding and contacting other Suppliers via the HOGASHOP.
As Supplier on HOGASHOP you commit yourself to answer inquiries by Customers promptly within 2 working days. You also commit to indicate your delivery area, which is to be covered by HOGASHOP, accordingly.
In the event of a refusal of inquiries on the part of the Customer or a waiver to be visible in the HOGASHOP as a Supplier, the Customer shall be threatened with exclusion from the Platform within the period of notice stipulated in the Agreement, but not more than six months.
19. THIRD PARTY SERVICES WITHIN AND OUTSIDE THE B2B-PLATFORMS (APPSTORE AND USE OF THE PUBLIC API)
- HOGALOG may from time to time recommend, allow you to access or activate third-party software, applications (“Apps”), products, services or Website links (together “Third Party Services“) for you to consider or use, including through the HOGALOG AppStore. If you purchase, access or use these third party services, this is solely between you and the respective third party provider (“Third Party Provider“). HOGALOG does not become a party to the contract in respect of the Third Party Services. In addition to these GTC, you also agree to be bound by the additional service-specific terms and conditions that apply to the Services that you purchase from or that are provided by the Third Party Provider.
- We make no warranties or assurances with respect to third party services. You acknowledge that HOGALOG has no control over Third Party Services and is not responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on HOGALOG Websites, including the HOGALOG AppStore or on the B2B Platforms or the integration or activation of these Third Party Services with the B2B Platforms does not constitute a recommendation or authorization and HOGALOG is financially and organizationally independent of such Third Party Service providers and does not form a simple partnership, joint venture or similar economic cooperation with them. HOGALOG does not guarantee the availability of third-party services and you acknowledge that HOGALOG AG 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 discontinuing or blocking access to or deactivating Third Party Services. HOGALOG strongly recommends that you seek advice from specialists before using or accessing Third Party Services to ensure that your requirements are met.
- When you install or activate a Third Party Service for use with the B2B Platforms, you grant us permission to permit the relevant Third Party Provider to access your data and other materials and take such other measures as are necessary to ensure the compatibility of the Third Party Services with the B2B Platforms, 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 or a Third Party Provider.
- The contractual relationship concerning the Third Party Service is solely between you and this Third Party Provider, and HOGALOG is not a party to the contract and is not obliged to intervene in disputes between you and a Third Party Provider.
- Under no circumstances shall HOGALOG be liable for direct, indirect, incidental, consequential, damages for loss of profit or other damages arising from third party services or your contractual relationship with a third party provider. These limitations apply even if HOGALOG has been advised of the possibility of such damages. The above limitations apply to the greatest extent permitted by law.
- You agree to indemnify and hold us, and (where applicable) our parent company, subsidiaries, affiliates, HOGALOG partners, organs, directors, agents, employees and suppliers, harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
20. FURTHER PROVISIONS
In the event of disputes, only Swiss substantive law shall apply, excluding conflict of laws provisions. The UN Sales Convention (CISG, United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
The place of jurisdiction shall be WINTERTHUR, Switzerland, unless the law provides for compulsory places of jurisdiction.
If you have any questions regarding these GTC, please contact us:
Phone: +41 43 500 40 65
HOGALOG AG, succursale de Suisse Romande
Avenue Gratta-Paille 2
Phone: +41 21 968 19 39
Data Protection Regulations OF HOGALOG AG
valid per 04.01.2021
old version: https://hogalog.ch/en/old_agb_en/
The safety of the Users is the first priority. HOGALOG AG (Archstrasse 7, 8400 Winterthur) respects the privacy of Users, particularly when using the B2B Platforms and Websites it provides and maintains.
These data protection regulations form the basis for the processing of personal data of Users by HOGALOG AG (responsible party) and provide information about which User data is collected by HOGALOG AG and how this data is used. HOGALOG AG complies with the applicable data protection laws and processes personal data solely for the purposes for which the data was transmitted or collected in accordance with these data protection regulations.
These data protection regulations apply to the B2B Platforms of HOGALOG AG. This includes the HOGASHOP in all versions as well as all independent installations with the branding of partner companies including the corresponding Websites of HOGALOG AG, i.e. in particular www.hogalog.ch including all sub-domains.
These data protection regulations 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. NATURE OF THE 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. For example, data regarding the browser, operating system, weblogs and other connection data used by the User may be collected, regardless of whether the collection of such data is necessary for our or other purposes. 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 anonymized so that no conclusions can be drawn about your person. HOGALOG AG may use third-party providers for the collection of data, some of which have their own data protection regulations over which 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 Supplier.
HOGALOG AG uses the personal data of Users, such as first names, surnames, address, telephone number or e-mail address, exclusively for the purposes relating to the B2B Platforms in accordance with Section 4 below.
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.
As an option, HOGALOG AG applications can also be used for inventory recording by the User. In this case, the User himself actively stores the existing product inventory. The data is stored in the HOGALOG AG database.
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 Platforms. These cookies are completely anonymous and contain – apart from the IP addresses which may qualify as personal data – only technical information, for example the currently selected language, and no personal data.
Most browsers automatically accept such cookies, but you can configure your browser to accept or store no cookies or only certain cookies. For details, please refer to the operating instructions or help function of the browser. Without certain mandatory cookies, the B2B Platforms cannot be used or can only be used to a limited extent.
At no time is spyware installed or used to access data and information stored on the computer.
4. USE OF DATA
The anonymized statistical data, which is recorded when the B2B Platforms are called up, can be used for analysis purposes, for optimizing the application and for measuring performance.
Purposes of processing personal data:
- Brokerage: We process your personal data in order to provide our brokerage services via the B2B Platforms and our other services such as order processing and Customer service as described in detail in the GTC.
- Provision, error correction and improvement of HOGALOG AG services: We use your personal data to provide functions, analyse services, correct errors and improve the User-friendliness and effectiveness of HOGALOG services and the B2B Platforms. HOGALOG AG may also use the order archive for statistical, accounting or technical purposes. Use for optimizing search results is not excluded.
- Recommendations and personalization (direct marketing): We process your personal data to recommend functions, goods and services that might be of interest to you, to determine your preferences and to personalize your experience with the B2B Platforms.
The Customer’s personal data 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 Suppliers can use the order data transmitted to them for the processing of the sales contracts mediated via the B2B Platforms and evaluate them statistically without limitation. Further or supplementary agreements must be made with the Supplier.
The personal data of the Users as well as the data of the User log are used for Customer service. A statistical evaluation or other evaluation of the log beyond Customer service is not carried out.
The processing of personal data by HOGALOG AG for direct marketing purposes may 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 when using the B2B Platforms.
Inventory data stored by the User is not evaluated by HOGALOG AG. It is only passed on to partners of HOGALOG AG at the request of the User.
HOGALOG AG stores personal data as follows:
If no explicit storage period is specified in the collection, the personal data will be deleted if they are no longer required to fulfill the purpose of storage, unless legal storage obligations (e.g. commercial and tax law storage obligations) prevent deletion.
6. LEGAL BASIS OF THE DATA PROCESSING
The legal basis for the processing of personal data by HOGALOG AG – if required by applicable data protection law – is, depending on the case, the fulfilment of the contract, the implementation of contractual (or pre-contractual) measures or the safeguarding of legitimate interests. The latter applies in particular to data processing for the purpose of direct marketing (safeguarding the overriding economic interests of HOGALOG AG).
7. DISCLOSURE OF YOUR DATA
HOGALOG AG and any subsidiaries and branches of HOGALOG AG may use personal data in accordance with these data protection regulations. Furthermore, 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, governmental authorities or courts. In addition, if service providers are called in to support HOGALOG AG in data processing, the administration of the B2B Platform or in any other way and in providing the goods and services requested by the User (e.g. contract processors of HOGALOG AG in the areas of backup and/or cloud storage). These third parties are obliged to maintain the same level of security and data protection as HOGALOG AG.
In the above-mentioned context, it may happen that HOGALOG AG processes personal data outside Switzerland or the European Union or EEA, or has it processed. If this is the case, HOGALOG AG will take all reasonable steps required by the valid and applicable Data Protection Act to ensure that Users’ personal data is treated with appropriate security and protection.
8. 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 organizational security precautions to protect the personal data of Users. However, HOGALOG AG cannot guarantee the security of the data transmitted by the User. Any data transfer is therefore at the User’s own risk. To the extent permitted by law, HOGALOG AG hereby expressly excludes any liability for losses or damage which you may suffer or have suffered directly, indirectly, incidental or consequential in connection with breaches of this data protection declaration, data processing by HOGALOG AG and any subsidiaries and branches of HOGALOG AG, use of the B2B Platforms by Users or information on the Website. This disclaimer exempts not only HOGALOG AG but also any subsidiaries and branches of HOGALOG AG and their partners, directors, organs, employees and representatives.
9. INFORMATION- REFUSAL- AND OTHER RIGHTS
Naturally, every User is free to inform HOGALOG AG at any time – for example by e-mail (see below) – that the personal data may not be used for direct marketing purposes in the future. 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 (disclosure) or to request a copy of the personal data collected via the B2B Platforms (data transmission/transferability).
In addition, depending on the circumstances and the applicable data protection law, Users have, in particular, the right to correct, delete or restrict the processing of personal data, the right to object to the processing and the right to appeal to a competent supervisory authority.
The above rights do not affect personal data which is processed for Users as part of an ongoing contractual relationship with or service provision by HOGALOG AG or which HOGALOG AG must or may keep for legal reasons.
Regarding revocation, exercising the other data protection rights of the Users as well as further questions, suggestions and comments on data protection, the person responsible for data protection at HOGALOG AG should be contacted as follows:
firstname.lastname@example.org or DE: 043 500 40 65 / FR: 021 968 10 30 / IT: 091 600 01 41 or HOGALOG AG, Data Protection Officer, Archstrasse 7, 8400 Winterthur
10. CONSENT OF THIRD PARTIES
If a User acts on behalf of a third party and/or provides or discloses information to HOGALOG AG about a third party and/or an individual, the User hereby declares that he/she is an authorised representative or agent of this third party and/or individual and/or that he/she has received all necessary consents (as required by applicable law) from this third party and/or individual for the collection, processing, use and disclosure of his/her personal data to HOGALOG AG and/or by HOGALOG AG.
11. FINAL PROVISIONS
HOGALOG AG reserves the right to change the content of data protection regulations at any time and without notice. It is therefore recommended that this data protection declaration be consulted regularly.
Should individual provisions or parts of these data protection regulations prove to be void or ineffective, the validity of the data protection regulations shall not be affected in other respects. In the event that a regulation is invalid or void, it will be replaced by a valid regulation that comes closest to the purpose of the invalid or void regulation against which this data protection declaration is violated.
The place of jurisdiction and the applicable law shall be governed by the GTC; any mandatory applicable data protection laws and regulations and jurisdictions reserved.