Terms and conditions & data protection information
1. TERMS AND CONDITIONS OF USE FOR THE WEBSITE CALCULATION PROGRAMS FreqCalc, TimberCalc and BaseCalc
Use of the calculation programs FreqCalc, TimberCalc and BaseCalc (hereinafter referred to as “calculation programs”) is permitted solely under the following terms and conditions and fully based on our respectively applicable general terms and conditions of sale and delivery (these can be found at https://www.getzner.com/GTC). Upon commencement of using one of the aforementioned calculation programs, the user unreservedly and irrevocably acknowledges the following terms and conditions and, if applicable, the general terms and conditions of sale and delivery of Getzner Werkstoffe GmbH (hereinafter referred to as “Getzner”):
- The calculation programs have been developed by Getzner or the usage rights have been granted to Getzner. The calculation programs are protected by copyright. Getzner reserves the right to modify the calculation programs at any time. In the event of any modification, appropriate information is also posted on the respective program’s website. However, Getzner assumes no liability for this information being posted.
- The calculation programs are made available exclusively to registered users with use being personally restricted to them for the design of Getzner products. The use of calculation programs for the design of third-party products is expressly prohibited. Getzner may revoke the usage at any time without giving any reason. The user is forbidden to use the programs in any other way. In particular it is forbidden to forward account or access data of the calculation programs or to forward the results of calculations to third parties. This excludes the forwarding of calculations to the planner(s), engineering firms or similar, authorised by the user, as part of the quotation phase, if Getzner is informed of this and forwarding is solely for the purposes of selecting materials from the range of Getzner products.
- Getzner provides the user with these calculation programs free of charge and independently of any purchase of Getzner products. However, use of the calculation programs is subject to the user’s prior registration with the necessary user data. The calculations undertaken are routinely saved (BaseCalc) or saved at the request of the user (FreqCalc and TimberCalc) and then deleted on their request. Getzner generally reserves the right to delete calculations saved on servers. You will find further information on processing your personal data in our information on data privacy.
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The calculation programs are aligned with specific values on Getzner data sheets, taking account of the usual production and material tolerances. The current status of the material data used can also be seen in the documents issued by the calculation programs, which the programs can provide on request. The details in the data sheets are based on Getzner's respective experience and knowledge; however, their accuracy is not guaranteed. They can usually be taken as approximate and calculated values, taking account of the usual production and material tolerances; however, they do not represent guaranteed properties. All data, calculations and results from the calculation programs refer exclusively to Getzner products and are thus not transferable to other products.
To the extent permitted by law, Getzner can make no guarantee or assume any liability for the calculation programs and their use, particularly with regard to content, accuracy, usage methods and/or suitability for the user’s specific requirements. The user has no rights of claim against Getzner in any circumstances arising from the use of the calculation programs or the results of their use. The user makes use of and applies the calculation programs and their results at their sole risk. The user is solely responsible for the entries they make in the program and their evaluation and interpretation of the accuracy and suitability of the calculation results. -
The calculation programs are based on the following calculation principles:
- FreqCalc The calculation program FreqCalc is used for the selection of elastic polyurethane materials from Getzner. The calculations are based on the physical model of a mass-spring system with a weightless spring on a solid, smooth foundation. The calculation program FreqCalc makes calculations based on the assumption of loading with a rigid mass in the centre of gravity. The calculated values are relevant for the degree of freedom in the vertical direction (1 degree of freedom).
- TimberCalc As with FreqCalc, the calculation program TimberCalc is used for designing elastic polyurethane materials from Getzner. This tool’s main focus is on discrete elements for flanking bearing in timber construction. The underlying physical calculation principles are the same as those in the FreqCalc calculation program.
- BaseCalc The calculation program BaseCalc is used for the design of Getzner products for the vibration isolation of machines, machine foundations, equipment, buildings and building structures. The calculations are based on the physical model of a resiliently mounted, rigid body with six degrees of freedom (3 rotary, 3 translational). Each of the springs, assumed to be weightless, has spring rigidity in the three coordinate directions. A solid and smooth foundation is assumed.
- In order to operate the calculation programs properly, Getzner recommends training by their technical department. This training is available to any users of these calculation programs who might be interested.
- Use of the calculation programs does not constitute any information or consultancy agreement between the user and Getzner.
- The legal relationship arising between the user and Getzner as a result of use of the calculation programs is subject to Austrian law, excluding rules and regulations governing conflict of laws. The sole place of jurisdiction for any legal disputes that may arise from this legal relationship is the local competent court for Getzner’s head office (6706 Bürs, Austria). However, Getzner is entitled to bring claims against the user through another court that has jurisdiction over the user.
2. Data protection information – calculation tools
We should inform you that Getzner Werkstoffe GmbH shall process your personal data, specifically your title, name/company name, password, address, telephone number, fax number and email address,
- for the purpose of setting up the account (legitimate interest in the context of Article 6(1)(f) GDPR),
- for the purpose of contacting you (including storage in our contact database) for provision of quotations and for the purpose of customer support, (to fulfil contracts/pre-contractual work in the context of Article 6(1)(b) GDPR) and
- for customer master data maintenance (legitimate interest in the context of Article 6(1)(f) GDPR).
This also includes forwarding to/inspection by the respective sales staff at Getzner Werkstoffe GmbH or one of its affiliated companies.
Your personal data, specifically your title, name/company name, password, address, telephone number, fax number and email address, as well as the data regarding your last login (time stamp last login) and time of the last calculations (input parameters) shall be stored by the data processor and forwarded, on request, to Getzner Werkstoffe GmbH or one of its affiliated companies for the aforementioned purposes.
Companies affiliated with Getzner Werkstoffe GmbH: Getzner Werkstoffe GmbH (Germany), Getzner Spring Solutions GmbH, Nihon Getzner K.K., Byrel Fastening Systems Co., Ltd; Getzner India Pvt. Ltd., Beijing Getzner Trading Co., Ltd., Getzner USA, Inc., Getzner France SAS, GETZNER VIBRATION SOLUTIONS PTY LTD.
You may, at any time, withdraw your consent to the aforementioned processing by sending us an e-mail to (privacy@getzner.com) or contacting us via any other communication channel. Withdrawing consent does not affect the legality of any data processing that has taken place up to that point.
Please also see our privacy policy (https://www.getzner.com/en/privacy-policy) for more information about the processing of your data, how to contact us and other information regarding your rights to object or withdraw consent.
May 2020