Terms and conditions & data protection information
1. Terms and conditions of use for the website calculation programs
Use of Getzner’s calculation programs (available at https://apps.getzner.com/ - 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 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 rights of use 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 Calculation 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 Calculation 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 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. Depending on the Calculation Program, the calculations performed including the calculation parameters entered, are saved routinely or at the request of the user, and are deleted at the user’s request. Getzner generally reserves the right to delete calculations saved on servers. An extract of the stored data can be provided to the customer upon request. Further information on processing of personal data can be found in Getzner’s information on data privacy.
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The Calculation Programs as well as all information and data mentioned in the calculations correspond to specific values on Getzner data sheets and are subject to usual production and material tolerances These do not represent warranted properties, however. All calculations, the assumptions made by Getzner, and the calculation results generated via the Calculation Programs are subject to change and non-binding.
The calculations and the associated results apply to and exist exclusively for the purpose of selecting materials from the Getzner range of products. All data, calculations and results from the Calculation Programs therefore refer exclusively to Getzner products and are thus not transferable to other products. Ensuring suitability for an intended use ultimately remains the responsibility of the customer or its authorised agent (e.g. engineer). Sharing calculations with unauthorised third-parties is expressly prohibited.
To the extent permitted by law, Getzner does not assume any warranty or liability for the correctness, completeness, quality or actuality of the calculation results generated via the Calculation Programs or for the use of the calculation results by the customer. Furthermore, no liability is assumed for specific customer requirements or consequential damages resulting from the use of the Calculation Programs or the calculation results. The customer is not entitled to any claims whatsoever from the use of the calculation results. All other rights are reserved. - The calculation principles / bases are different depending on the Calculation Program. These are therefore listed directly in the respective Calculation Programs as well as in the corresponding disclaimers. The version of material data used is detailed in the Calculation Programs’ output documents.
- In order to operate the Calculation Programs properly, Getzner recommends training by its technical department. This training is available to any users of the 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 programs
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 2022