General seminar conditions

GRUMA Academy

General seminar conditions

General seminar conditions GRUMA Academy

Registration and seminar fee

Registrations must always be made in writing and can be submitted via the online registration form provided on the website, the online store, by letter, fax or e-mail. Registration requires the participant's first and last name, date and place of birth, billing address, e-mail address (of the participant and/or, in the case of company registrations, of the company contact person) as well as the course name and course date and location. For advanced courses, proof of previous practical experience, confirmed by the company, is required. The amount of the participation fee is stated in the respective seminar description and applies per participant. All prices are exclusive of VAT. The seminar fees include all seminar documents and catering during breaks and lunches

Confirmation of registration and confirmation of participation

Once the order has been processed, you will receive a written booking confirmation with details of the seminar price and organizational information. After successful participation in the seminar, the participant will receive a qualified certificate of participation.

Minimum number of participants for face-to-face seminars

If the minimum number of participants is not reached or if it is not possible to hold the seminar for other reasons, the GRUMA Academy reserves the right to cancel the seminar. Seminar fees already paid will be refunded in full. In this case, there are no further claims for compensation or cancellation against the GRUMA Academy.

Cancellation conditions

Cancellations by participants must be made in writing. For cancellations up to 10 days before the start of the seminar, a processing fee of 20% of the order value, but at least 25.00 euros plus VAT, will be charged. If the participant cancels later or does not show up, the full fee will be charged. Another participant may be nominated free of charge.

Attendance events and event times

Precedence seminars can be held both in the GRUMA Academy's own seminar centers and on the customer's premises, provided that the customer can provide the necessary equipment. Unless otherwise stated, seminars shall begin at 7:30 a.m. and end at around 4:30 p.m.. Deviating times will be communicated. Seminar regulations and seminar times are binding. The GRUMA Academy reserves the right to exclude participants who violate these rules from further participation

Hotel reservations

Hotel reservations must be made by the seminar participants themselves. Recommendations can be made by the GRUMA Academy if required.

Copyright

The seminar documents contain information protected by copyright. All rights, including those of translation, reprinting and reproduction of the documents, in whole or in part, are reserved. The processing, duplication, distribution or publication of the documents in any form, in particular using electronic systems, is not permitted.

1. scope of application, definitions

1. 1 These General Terms and Conditions (hereinafter "GTC") of GRUMA Nutzfahrzeuge GmbH and GRUMA Fördertechnik GmbH (hereinafter "Organizer") apply to all contracts for participation in courses and seminars (hereinafter "Event") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Organizer with regard to the Events presented on the Organizer's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

2. services of the organizer

2.1 The Organizer offers both online and face-to-face events. The content of the event is set out in the respective course description on the Organizer's website.
2.2 In the case of online events, the Organizer shall provide its services in electronic form via online video conference or via access to an online training platform with recorded learning content using appropriate technical means (so-called "online training"). For this purpose, the organizer shall provide the customer with suitable application software or access data before the start. After ordering one of our online training courses, you will receive access to our training portal. Please note that your access will be deactivated upon completion of the respective training course, at the latest 45 days after activation. This also applies if the training course is not successfully completed. Access is therefore only granted for the duration of the training course. For error-free participation in the online training courses, the customer's system must meet certain minimum requirements, which are communicated to the customer on the organizer's website. The customer is responsible for compliance with the system requirements. The Organizer shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the Customer.
2.3 In the case of face-to-face events, the Organizer shall provide its services exclusively in personal contact with the Customer and in premises selected by the Customer for this purpose. Events may be held both in the Organizer's own seminar centers and on the Customer's premises, provided that the Customer can provide the Organizer with the necessary resources.
2.4 The Organizer shall provide its services through qualified personnel selected by it. The organizer may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the Organizer's course description, the Customer is not entitled to select a specific person to carry out the desired event.
2.5 The Organizer shall provide its services with the utmost care and to the best of its knowledge and belief. However, the organizer does not guarantee a specific outcome. In particular, the organizer does not guarantee that the customer will achieve a specific learning outcome or that the customer will achieve a specific performance target. This depends not least on the personal commitment and will of the Customer, over which the Organizer has no influence.
2.6 The Organizer's online and face-to-face events are generally work-related training courses. The Customer may provide the Organizer in advance with information on company-specific hazards that it has identified on the basis of a risk assessment. The organizer shall endeavour to include this information in the content of the training; there is no entitlement to this. The final assessment as to whether all company-specific hazards have been covered by the training, whether the participant has understood the content of the training and can apply it under the respective operational conditions, i.e. whether complete instruction within the meaning of Section 12 (1) ArbSchG has been provided, is the responsibility of the customer.

3. conclusion of contract

3.1 The events described on the Organizer's website do not constitute binding offers on the part of the Organizer, but are intended for the submission of a binding offer by the Customer.
3.2 The Customer can submit his offer via the online registration form provided on the Organizer's website. After entering their data in the registration form, the customer submits a legally binding contractual offer in relation to the selected event by clicking the button that concludes the registration process. The customer can also submit the offer to the organizer by telephone, fax, email or post.
3.3 The organizer can accept the customer's offer within five days,

  • by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive in this respect, or
  • by requesting payment from the customer after the customer has made a contractual declaration.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the organizer does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the event selected by the customer begins before the expiry of the acceptance period and the organizer does not accept the customer's offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
3.5 In the case of registration via the organizer's website, the text of the contract is saved by the organizer after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The organizer will not make the text of the contract available beyond this.
3.6 Before submitting a binding offer via the organizer's online registration form, the customer can correct his entries at any time using the usual keyboard and mouse functions.
3.7 Only the German language is available for the conclusion of the contract.
3.8 If the customer registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants registered by him, provided he makes a corresponding declaration at the time of registration.

4. right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the organizer's cancellation policy.

5 Prices and terms of payment

5.1 Unless otherwise stated in the Organizer's offer, the prices quoted are total prices that include statutory VAT.
5.2 Costs for travel and accommodation for face-to-face events are not included in the price and are to be borne by the customer.
5.3 The customer has various payment options available, which are specified on the Organizer's website.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.5 If payment is made using a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6. eligibility to participate, transfer of contract

6. 1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the organizer.
6.2 If a third party enters into the contract between the customer and the organizer, he and the customer shall be jointly and severally liable to the organizer for the participation fee and any additional costs incurred as a result of the entry of the third party.

7. falling short of the minimum number of participants

7.1 The Organizer may set a minimum number of participants for its courses. If a minimum number of participants is set, the organizer shall expressly indicate this in the course description.
7.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by giving notice to the customer no later than four days before the start of the course. The organizer shall send the customer his declaration of withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest four days before the start of the course.
7.3 If the organizer exercises his right of withdrawal in accordance with the above paragraph, the customer may demand participation in another event of at least equal value if the organizer is in a position to offer such an event from his range at no extra cost to the customer. The customer must assert his request to the organizer immediately upon receipt of the organizer's declaration.
7.4 If the customer does not exercise his right in accordance with the above paragraph, the organizer shall immediately reimburse the customer for any participation fee already paid.

8. change or cancellation of the event

8.1 The Organizer reserves the right to change the time, location, course instructor and/or content of the event, provided that the change is reasonable for the Customer, taking into account the interests of the Organizer. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organizer in bad faith are reasonable. The organizer shall inform the customer in good time in the event of a change to the time, location, course instructor and/or content of the event.
8.2 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or instead request participation in another event of at least equal value if the organizer is able to offer such an event from its range at no extra cost to the customer.
8.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the organizer of the change in performance.
8.4 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. If the event is canceled, the organizer will endeavor to find an alternative date.

9 Contractual right of withdrawal (cancelations)

Irrespective of any existing statutory right of withdrawal (for consumers), the organizer grants the customer the right to cancel his registration for an event of the organizer in accordance with the following provisions (contractual right of withdrawal):

9.1 The customer may cancel their booking up to 10 days before the start of the event without giving reasons by submitting a declaration to the organizer in text form (e.g. email). The date of receipt of the declaration by the organizer is decisive for compliance with the cancellation deadline. For cancellations up to 10 days before the start of the event, the customer will be charged a processing fee of 20% of the order value, but at least EUR 25.00 plus VAT. If the participant cancels later or does not show up, the full fee will be charged. Another participant may be nominated free of charge.
9.2 The customer's statutory right of withdrawal, if any, shall not be restricted by the right of withdrawal set out above.

10. teaching material

10. 1 The Organizer is the owner of all rights of use that are required to conduct the event or the online training course. This also applies with regard to teaching materials that may be provided to the customer in connection with the event or the online training. All rights, including those of translation, reprinting and reproduction of the teaching materials, in whole or in part, are reserved.
10.2 The customer may only use the content of the event, including any teaching materials provided, to the extent necessary for the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the event, the online training or parts thereof or to reproduce, distribute or make publicly accessible teaching materials - in any form whatsoever - without the separate permission of the organizer.
10.3 Unless otherwise agreed, the customer is not entitled to receive the teaching materials in physical form.

11. liability

The organizer is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

11.1 The organizer is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise agreed,
  • due to mandatory liability such as under the Product Liability Act.

11.2 If the organizer negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
11. 3 Otherwise, liability of the organizer is excluded.
11.4 The above liability provisions also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.

12 Applicable law, place of jurisdiction

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
12.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the organizer. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the organizer shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer is in any case entitled to appeal to the court at the customer's place of business.

13. alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The Organizer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Data protection information GRUMA Academy

We process your personal data exclusively within the framework of the statutory provisions. The following categories of personal data are included:

Master data (company, gender, first name, surname, department, company address, private address, date of birth, place of birth), contract data (customer numbers, order numbers, contract numbers, test results and bank data) and comparable data.

If you provide us with data in the context of safety-related support in accordance with the Occupational Safety Act, the Occupational Health and Safety Act and the relevant occupational health and safety regulations as well as the regulations of the employers' liability insurance association for occupational safety, we process the following data:

First and last name(s), gender, date of birth, business contact details; business trips and travel times, if relevant under occupational safety law; qualifications or Certifications such as first aid, disaster, fire and evacuation assistants; organizational data (job title, supervisor, location, management level); where necessary, health data (sickness certificates), ergonomic data on workplace equipment and workplace design, equipment issued and company property used by the person concerned; Absences, vacation, reasons for absences, leaves of absence (paid, unpaid, maternity and parental leave), working hours, profile data, information on school and vocational training, training courses completed for further education and training and qualifications, language skills.

 

A. Controller and data protection officer

The controller responsible for the processing of your personal data is

GRUMA Nutzfahrzeuge GmbH
Department GRUMA Sales, Spare Parts Warehouse, Workshop and Service
Äußere Industriestraße 22
86316 Friedberg

Phone: 08 21 / 7 80 00 - 0
Fax: 08 21 / 7 80 00 - 93
E-mail: [email protected]

represented by the managing directors Hans Gruber and Edwin Würstle.

You can contact our data protection officer Karsten Böhm at PRIVACY ONE GmbH, Lyoner Straße 14, 60528 Frankfurt am Main, Germany, at the following e-mail address: [email protected]

 

B. Purpose and legal basis of the processing of personal data

B 1. data processing for the purpose of initiating and executing contracts and processing contracts (Art. 6 para. 1 lit. b GDPR)

The processing of the data is necessary for the initiation, execution and processing of your contract and furthermore for communication with you about products and services, the execution and administration of the (contractual) business relationship with you.

Data processing following an order via the Linde-MH Shop
You will find a link to the Linde-MH Shop on our website. If you click on this link, you will be redirected to the Linde-MH Shop website. If you place an order in the Linde-MH Shop, we will be commissioned to process the order if we are responsible for the area in question. You will receive an order confirmation from the Linde-MH Shop, which contains a reference to the processing of the order by us and the conclusion of the contract with us. You can find the store at www.linde-mh.shop, or the link on our website or the website of a network partner. Further information on data processing in the Linde-MH Shop can be found at: https://www.lindemh.shop/de-de/datenschutz.

We process this data exclusively for the processing of the purchase contract. We will inform the Linde-MH Shop of the successful completion of the sale after the contract has been executed at
.

B 2. Data processing based on your consent (Art. 6 para. 1 lit. a GDPR)
If we have your consent, we will carry out marketing measures for customers to advertise our products and services on this basis, using
the contact type you specified in the consent. If you have given your consent to the processing of your data, you can withdraw this at any time. Such a revocation affects the permissibility of processing your personal data after you have given it to us.

B 3. data processing based on legitimate interest (Art. 6 para. 1 lit. f GDPR)

We process your data in a permissible manner to protect our legitimate interests.

This also includes the use of your personal data in order to

  • to send you information about future training courses and events.
  • to send you product information about our products (e.g. vehicles and other benefits and services).
  • to carry out measures to improve and develop services and products in order to be able to offer you a customized approach with tailor-made offers and products.
  • to conduct market and opinion research or have it conducted by market and opinion research institutes. This gives us an overview of the transparency and quality of our products, services and communication and enables us to align and design
    in the interests of our customers.
  • To enter into consultation and data exchange with credit agencies (e.g. Creditreform) to determine creditworthiness and payment default risks.
  • To assert legal claims and for defense in legal disputes.
  • to investigate or prevent criminal offenses (e.g. fraud).
  • to determine the address (e.g. when moving house).
  • to use your data anonymously for analysis purposes.

We will also inform you as an existing customer by post or the e-mail address you have provided about products or services similar to those you have already used. In doing so, we process your data based on our legitimate interest in advertising our products and services. The legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR, in the case of sending by e-mail Art. 6 para. 1 sentence 1 lit. f) GDPR, § 7 para. 3 UWG.

In the context of business relationships between business customers, here execution of the contract, contact details of contact persons are required for the execution of the contractual relationship. Here we generally store names, company contact data of your employees in accordance with the information from the company signature and the content of the communication. The legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR. We store the data accordingly to the extent and for as long as it is necessary for the business relationship. There may also be statutory retention periods.

The partial access control or video surveillance that takes place on our premises is based on the legal basis of Art. 6 para. 1 sentence 1 lit. f) GDPR. Our legitimate interest here is the protection of domiciliary rights, the detection and prosecution of criminal offenses and the enforcement of civil law claims.

If we wish to process your personal data for a purpose not mentioned above, we will inform you in advance in accordance with the statutory provisions.

B 4. data processing due to legal requirements (Art. 6 para. 1 lit. c GDPR) or in the public interest (Art. 6 para. 1 lit. e GDPR)

As a company, we are subject to various legal obligations (e.g. tax laws, German Commercial Code) that make it necessary and required to process your data in order to comply with the law. For example, we comply with statutory retention periods.

 

C. Categories of recipients / disclosure of personal data (Art. 30 para. 1 sentence 2 lit. d GDPR)

Within our company, access to your data is granted to those departments that require it to fulfill the above-mentioned purposes (see point B Purpose and legal bases of the processing of personal data).

In some cases, we use external service providers to process your data as part of order processing. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored. Processors may therefore only process your personal data in the way that we have explicitly instructed them. They also maintain agreed technical and organizational measures to process your data securely.

Personal data will only be transmitted by us to third parties if this is necessary for the aforementioned purposes or if you have given your prior consent. Recipients of personal data may be, for example Print service providers, call centers.

 

D. Transfers of personal data to a third country

In cases where we process data in a third country outside the EU or the EEA, we check that these are third countries with a recognized level of data protection (adequacy decision of the European Commission) or ensure that an appropriate level of data protection within the meaning of Art. 44 to 49 GDPR is ensured through contractual framework conditions (EU standard contractual clauses), corresponding certifications or Binding Corporate Rules (BCR).

This also applies to cases in which we work with service providers whose services require the transfer of data to a third country.

Further information on international data transfers, EU standard contractual clauses, BCR, Brexit, can be found on the website of the European Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de

 

E. Duration of storage or deletion of personal data

We store your personal data for the above-mentioned purposes (see point B Purpose and legal bases of the processing of personal data). Your data will be processed for the first time from the time it is collected, insofar as you or a third party provide it to us. We delete your personal data when the contractual relationship with you has ended, all mutual claims have been satisfied and there are no other statutory retention obligations or legal justifications for storage. Data records with personal data are sometimes stored for different purposes, as mentioned above. Depending on the purpose, different retention periods may apply. If a purpose no longer applies, the data may no longer be processed for this purpose. If this data must be available for a further purpose, the data will no longer be used for the purpose that has ceased to apply and will be blocked. They are then only available for the permitted purpose.

We delete data from interested parties who have requested an offer without a contract being concluded after six months, unless you have given us your consent to store it for longer.

Requests for information from credit agencies will be in accordance with Art. 6 para. 1 sentence 1 lit. c) in conjunction with. Art. 5 para. 2 GDPR, destroyed or deleted 12 months after the information is provided.

Personal data subject to the provisions of the German Commercial Code (§ 257 HGB), such as business letters, will be destroyed or deleted after 6 years.

Personal data that is subject to the provisions of the German Fiscal Code (§ 147 AO), such as statements and accounting documents, will be destroyed or deleted after 10 years.

We retain transactions with enforceable titles at least until the statute of limitations for enforcement has expired, unless they have been settled beforehand (e.g. by payment).

 

F. Rights of data subjects / your rights

If you have any questions or complaints about data protection, you can contact our company and our data protection officer. You can find the contact details under point A of this data protection notice.

If the legal requirements are met, you also have the following rights:

  • You can request confirmation from us as to whether we process personal data about you. If this is the case, you have the right to information about this personal data and the information listed in Art. 15 GDPR, such as information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us;
  • in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
  • in accordance with Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is necessary to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
  • in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller, and
  • to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

You also have the option of contacting the competent supervisory authority:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach
Telephone: +49 (0) 981 53 1300
Fax: +49 (0) 981 53 98 1300
E-mail: [email protected]

You can find other German supervisory authorities at
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

In addition to this, you have the right to object to the processing of your personal data at any time
if we process your personal data to pursue legitimate interests and there are grounds relating to your particular situation. We will then will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing serves the establishment, exercise or defense of legal claims (Art. 21 GDPR).

If you have any further questions about data processing or data protection, please contact our data protection officer (see point A for contact details).

 

G. Provision of personal data

As part of our business relationship, you must provide the personal data (see categories of personal data) that is necessary for the establishment and execution of the business relationship and the fulfillment of the associated contractual obligations or that we are legally obliged to collect. We cannot conclude the contract without this data.

 

H. Data sources

We process personal data that we receive from you as part of our business relationship. We also process personal data that we are permitted to obtain from publicly accessible sources, e.g. from debtor directories, commercial registers, the press and the Internet. We also use personal data that we permissibly receive from companies within our affiliated companies or from third parties, e.g. credit agencies.

 

I. Amendment clause

Our data processing is subject to change, so that we will adapt our data protection information from time to time. We will inform you about the changes in good time.

As at 21.03.2022

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