PackSpec

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Terms of Use
1. General Information
These Terms of Use govern the granting of rights of use to the “PackSpec” web-based database (“sika Database”) developed by Master Builders Solutions Deutschland GmbH, a company of the sika Group (“sika”), and accessible at: [www.packspec.sika.com].
1. License to Use the sika Database
2.1. General Provisions

Use of the sika Database, which the User can access via the following link: [www.packspec.sika.com]. requires prior consent to these Terms of Use by the User.

The sika Database makes available to the Users certain packaging specifications. With the help of the sika Database, a User can, based on different parameters, create a customized packaging where the products of the sika Group could later be packed. The use of the sika Database is only allowed for this specific purpose.

Using the sika Database requires suitable terminal devices and Internet access, through which costs for the Internet access may be incurred.

The usage of the sika Database requires a successful User registration with sika, in order to establish and execute a contractual relationship with sika. The User must create an account and fill in certain mandatory information. The User must ensure that all data provided is accurate and true. The User must further define a username and a safe password following certain predefined criteria provided in the registration section of the sika Database to be able to access the sika Database. The User is solely responsible to strictly protect the secrecy of the username and the passwords from any unauthorized access and/or use.

2.2 Maintenance and Support for the sika Database

sika is not obligated to update and/or upgrade the sika Database and/or to offer regular updates and/or upgrades. sika is allowed to modify, change, add to, terminate, or suspend any part of the sika Database at any time and without a prior notice. sika is not under an obligation to provide any website / Database maintenance or customer support.

2.3 Intellectual Property; Trademarks

The sika Database, graphics, video clips, diagrams, photos and illustrations, user interfaces, audio clips, and editorial content contain protected content and materials of sika or third parties. All rights thereto are held by sika or third parties. This applies even if the User modifies the sika Database or combines it with the User’s own programs or those of a third party. If and insofar as content of the sika Database contains intellectual property of third parties, it is warranted that sika has properly obtained such intellectual property from third parties and is authorized to use it and license it to further parties within the scope of the sika Database. The User is not authorized to use any such protected content or materials in any manner whatsoever except within the scope of the use of the sika Database as intended in accordance with these Terms of Use.

2.4 Third-Party Websites; Disclaimer

Hyperlinks to third-party websites may be contained within the scope of the sika Database. sika does not endorse either these third-party websites or their content. In all cases, the respective provider or operator of the sites in question is responsible for the content of the sites linked to. The sites linked to were reviewed for possible legal violations at the time of placement of the link. Unlawful content was not ascertainable at the time of placement of the link. Ongoing monitoring of the content of the sites linked to is, however, not reasonable without concrete reason to suspect a legal violation. sika will remove such links immediately if it becomes aware of any legal violations. Furthermore, sika is not responsible for the availability of these websites or their content. The use of hyperlinks to these websites is at the User’s own risk. In this context and subject to section 2.10, sika is not liable for damage or losses occurring through or as a result of the use of third-party websites. The use of links to outside websites is therefore at the User’s own risk.

2.5 Rights of Use

a. Scope of License Subject to acknowledgement of and compliance with these Terms of Use by the User, sika hereby grants the User a free, non-exclusive, non-transferrable and unlimited in term right of use of the sika Database (“License”) as intended and within the scope necessary for such purpose on any number of suitable terminal devices.

Beyond the scope provided in sections 69c et seq. of the German Copyright Act (UrhG), the User is not permitted to copy, decompile, reverse-engineer, or disassemble the sika Database, any updates and/or upgrades to the sika Database, or any portions thereof, or to attempt to obtain the source code of the sika Database, modify the sika Database, or create derivative works based on the sika Database.

Unless otherwise provided in these Terms of Use, the User is not permitted to sell or distribute the sika Database or to make the sika Database available via a network through which the sika Database can be used by multiple devices simultaneously. The User is not permitted to rent or lease, lend, sell, transfer, resell or redistribute, or sublicense the sika Database.

The provisions of these Terms of Use also apply to all updates and/or upgrades that are made available by sika and replace or supplement the original sika Database, unless such an update and/or upgrade is subject to separate terms of use. In this case, the update and/or upgrade is subject to the provisions of such separate terms of use.

b. Export Control The User is not permitted to use the sika Database or otherwise export it or re-export it except as permitted by the laws of the USA and those of the country in which the sika Database was acquired. In particular, the sika Database is not permitted to be exported or re-exported to (a) countries embargoed by the USA or (b) persons who are listed on the list of “Specially Designated Nationals” of the U.S. Treasury Department or the “Denied Persons” or “Denied Entity” list of the U.S. Department of Commerce. By using the sika Database, the User affirms that he or she is not located in any of these countries and is not listed on any of these lists. The User shall not use the sika Database for purposes that are prohibited under the laws of the USA, particularly not to develop, design, manufacture or produce nuclear weapons, missiles, or chemical or biological weapons.

2.6 Safety Systems

It is pointed out to the User that the sika Database may contain a safety system that protects the digital information and limits the use of the sika Database according to certain usage standards that have been established by sika ("Safety systems”). Each Safety system is an inseparable part of the sika Database.
The User is obliged not to (i) violate (ii) to bypass (iii) to reverse engineer (iv) to decompile (v) disassemble (vi) or in any other manner to carry out unauthorized changes to the Safety systems or elements thereof or to help others in such actions.

2.7 Termination; Discontinuation of Rights of Use

This License remains in effect until termination by the User or by sika. Both, user and sika may terminate this License any time. The User may terminate this License with sika at any time without cause by discontinuing the usage of the sika Database and deleting its account.

2.8 Industrial Property Rights of Third Parties

sika warrants that the sika Database is free of third-party rights that restrict or preclude use thereof in accordance with these Terms of Use. If the use thereof as agreed is adversely affected by industrial property rights of third parties, sika has the right to either modify the sika Database such that the adverse effect no longer applies or to obtain authorization for the sika Database to be used in accordance with the Terms of Use, without limitation and without additional costs to the User.

sika’s warranty obligation with regard to third-party industrial property rights is limited in any event to the sika Database and does not extend to third-party software that is necessary for the functionality of the sika Database.

In all cases, the User is obligated to notify sika in writing without delay if any claims regarding infringement of third-party industrial property rights are asserted vis-à-vis the User.

2.9 Warranty

The User shall have no warranty claims regarding defects in the sika Database, any incorrectness of information in the sika Database, unless sika has concealed the defects through deceit. sika disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose.

2.10 Limitation of Liability

sika provides the sika Database with appropriate care, and merely on an “as is” basis. sika makes no representations or warranties with regard to the sika Database. sika disclaims any liability for the accuracy, completeness or functionality of any material contained herein, referred to, or linked to. Publication of the information in this content does not imply approval of the manufacturers of the products covered. sika assumes no responsibility for errors or omissions nor any liability for damages from use of the information contained herein. Persons engaging in the procedures included herein do so entirely at their own risk. sika is liable for damage or losses occurring through or as a result of the use of the sika Database only in cases of intent and gross negligence.

Further, sika is liable without limitation in case of damages resulting from injury to life, body or health due to a negligent breach of duty by sika or an intentional or negligent breach of duty by a legal representative or vicarious agent of sika.

2.11 Limitation of Claims

Any and all warranty claims, claims for damages, and claims to compensation for expenditures by the User shall become timebarred after one (1) year from the usage of the sika Database. This limitation period does not apply if sika has concealed a defect through deceit or is subject to compulsory liability on other legal grounds, for example as stated in section 2.10.

2.12 Amendments and Changes to these Terms of Use

sika reserves the right to amend these Terms of Use with regard to problems of equivalence or gaps / loopholes in the provisions hereof at any time and to subject the User’s use of the sika Database to new or further terms of use. However, the aforementioned amendments will expressly not be referring to the content of the services performed by sika through the sika Database. Such amendments as well as the reasons for such amendments will be communicated to the User and will take effect without delay as soon as they have been accepted, and are then integrated into these Terms of Use. If and to the extent the User does not expressly disagree to such amendments within ten (10) calendar days as of the respective information the approval and consent of the User to these amendments will be deemed granted.

In the event that the User does not accept the amendments, sika is permitted to terminate these Terms of Use with the User. Should the User not expressly accept the amendments, but continue to use the sika Database nonetheless, this is deemed to constitute tacit acknowledgement of the amendments as well.
1. Miscellaneous
These Terms of Use constitute the entire agreement between the User and sika. These Terms of Use supersede any prior agreements between the User and sika.

Should individual provisions of these Terms of Use be or become null and void or invalid in whole or in part, the validity of the remaining provisions shall be unaffected thereby. To replace terms of use that are invalid or fill the gap left by terms of use that are not included, sika and the User shall, in the place of the null and void or invalid provision, agree upon a valid provision that most closely approximates the original provision from an economic standpoint unless supplementary contractual interpretation takes precedence or is possible.

Failure by sika to assert a right or provisions of this Agreement does not constitute a waiver of such right or provision. sika is not responsible for non-fulfillment of obligations for reasons not imputable to sika.

These Terms of Use and the use of the sika Database are subject to German law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (“CISG”) and the German conflict-of-laws rules.
Data Protection Statement
Privacy Notice
Purpose of Sika PackSpec

The purpose of Sika Packspec is to collect and maintain packaging data and use it for necessary reporting data according to the Packaging and Packaging Waste Regulation (PPWR).

Data Capture

According to the implemented scope, the following personal data of Sika employees can or will be stored and processed on the platform:
- First and last name
Data Access

Access to the system is granted based on the need-to-know principle. Legal entities have access to the data of their region and corporate function have access to the data for reporting purposes.

We do not disclose your personal data to third parties unless you have explicitly consented to such disclosure or we are legally obliged or entitled to disclose data due to local legal requirements and/or official governmental court orders or we have legitimate interest to do so, such in case of maintenance and support. In those cases, technical security measures are in place to ensure that the data is transferred in a secure manner (e.g. encryption).

Your data are stored in the data centers located in EU.

Retention period

Following three (3) years of inactivity, personal data is archived with limited access and retained where necessary to comply with long product warranty periods and related legal or business obligations.

Responsibles

To know more about your data privacy rights and how to exercise them, as well as to find information about your local legal entity, please revert to our Sika Data Privacy Portal.

If you have any questions about this privacy notice, please contact [email protected].

YOUR RIGHTS:

(a) Right of access:

You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to your personal data. This access information includes – inter alia – provision of the information about the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed.

However, this is not an absolute right, and the interests of other individuals may restrict your right of access.

You may have the right to obtain a copy of the personal data undergoing processing.

Your requests are generally free of charge. We may charge a reasonable fee based on administrative costs in case your request is manifestly unfounded or excessive, in particular because of its repetitive character.

(b) Right to rectification:

You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(c) Right to erasure ("right to be forgotten"):

Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.

(d) Right to restriction of processing:

Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

(e) Right to data portability:

Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

(f) Right to object:

Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal data by us and we can be required to no longer process your personal data.

Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
Imprint

Name	Lifetime
JSESSIONID	Session
lastRedir	Session
packspec_info	60 Minutes