Contact information and legal notice

Provider in terms of §5 Nr. 1 TMG and responsible for the content of this web site:

think-cell Sales GmbH & Co. KG
Chausseestr. 8/E
10115 Berlin

Sitz der Gesellschaft: Berlin
Registergericht: Amtsgericht Charlottenburg
Registernummer: HRA 44531
USt-IdNr: DE815233792

+49 30 666473-10
+49 30 666473-19
info@think-cell.com

Komplementärin: think-cell Operations GmbH
Chausseestr. 8/E
10115 Berlin

Sitz der Gesellschaft: Berlin
Registergericht: Amtsgericht Charlottenburg
Registernummer: HRB 129917
Geschäftsführer:
Dr. Markus Hannebauer, Arno Schödl

By order of think-cell Sales GmbH & Co. KG this web site and web shop is operated and all payments are processed by:

think-cell Operations GmbH
Chausseestr. 8/E
10115 Berlin

Sitz der Gesellschaft: Berlin
Registergericht: Amtsgericht Charlottenburg
Registernummer: HRB 129917
Geschäftsführer: Dr. Markus Hannebauer, Arno Schödl

This legal notice also applies to the company's profiles on the following social media websites:

Xing: https://www.xing.com/
LinkedIn: https://www.linkedin.com/
YouTube: https://www.youtube.com/
Facebook: https://www.facebook.com/

Terms of use

Welcome to the think-cell web site ("Web Site"). In the following, "think-cell" jointly refers to the think-cell group of companies, namely think-cell Sales GmbH & Co. KG, think-cell Operations GmbH and think-cell Software GmbH.

By using the Web Site, you agree to be bound by these terms of use ("TOU"). think-cell may revise the TOU from time to time by updating this page. You can review the TOU at any time by visiting the legal notice link at the bottom of one or more pages on the Web Site. The term "You" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

Permissible use

The Web Site may be used only for lawful purposes by individuals and/or entities seeking information on think-cell, its products, licensing, technical support, downloads, and/or employment opportunities.

You are prohibited from violating or attempting to violate the security of this Web Site, including, but not limited to, (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, but not limited to, by means of submitting a computer virus to the Web Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertising products or services; or (e) forging any TCP/ICP packet header or any part of the header information in any email, newsgroup or HTTP posting. Violations of system or network security may result in civil or criminal liability.

Use and protection of user information / Privacy policy / Use of cookies

When you use the Web Site, register, request additional information about think-cell or our products, or place an order, think-cell collects certain information ("Your Data"), including, but not limited to, a valid email address. The collection, storage, use and any other form of processing Your Data by think-cell occurs exclusively in the interest of think-cell's business operations. think-cell will not sell, transmit, disseminate or else disclose Your Data for any other purpose.

The Web Site uses Piwik, an open-source software for web analytics. Piwik uses "cookies", which are files placed on Your computer, to help the Web Site analyze how users use the site. The information generated by the cookie about Your use of the Web Site (including Your IP address anonymized prior to its storage) will be stored on think-cell's servers in Germany. You may refuse the use of cookies by selecting the appropriate settings on Your browser.

Legal information regarding personal data and processing

Insofar as You can be identified by Your Data, they constitute "personal data". This applies to Your Name and Your personal email address, but can also be the case for more elements of Your Data, including such relating to Your use of the Web Site. There are special provisions regarding the protection of personal data, in particular the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and – from 25 May 2018 – the Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR). think-cell will process personal data strictly in accordance with these provisions. According to these provisions, think-cell is legally obligated to provide You with the following information:

Controller

Responsible for the collection and processing of personal data and the determination of the purposes and means is think-cell Sales GmbH & Co. KG, Chausseestraße 8/E, 10115 Berlin, Germany, legally represented by its general partner think-cell Operations GmbH. Please contact think-cell Sales GmbH & Co. KG with any queries regarding data protection by the means listed at the beginning of this page.

Purposes of processing personal data and legal basis / Legitimate interests

think-cell processes personal data exclusively for its own business purposes, in particular (but not limited to) contacting You, attributing, answering and archiving Your queries, improving, optimizing and making our products, our offerings, and this Web Site more user-friendly, and to prevent and persecute illegal abuse.

The legal basis of processing personal data is, if You have not given consent to the processing, (until 24 May 2018) section 28 para. 1 sentence 1 no. 1 BDSG or (from 25 May 2018) art. 6 para. 1 subpara. 1 lit. f GDPR. If You have given consent to the processing, the legal basis is (until 24 May 2018) section 4 para. 1 BDSG or (from 25 May 2018) art. 6 para. 1 subpara. 1 lit. a GDPR.

think-cell's legitimate interests pursued by processing personal data are the unhindered, reasonable and customer-focused administration of think-cell's day-to-day business, in particular by allowing and facilitating the communication with current and prospective customers as well as other persons, the documentation of business processes, the compliance with legal obligations, the prevention of detrimental and abusive interferences, and the further development and improvement of our offerings and processes.

Recipients of personal data

Personal data collected by or on behalf of the controller will exclusively be stored and processed by think-cell and in Germany. think-cell does not intend to transfer personal data to third parties or process personal data outside the EU.

Storage period

Personal data will generally be stored for as long as they are deemed to serve think-cell's legitimate business interests as outlined above. The rights of the data subject as outlined below remain unaffected.

Your rights
  • You are entitled to obtain from think-cell free-of-charge confirmation as to whether or not personal data concerning You are being processed. Where this is the case, you are further entitled to obtain access to the personal data and additional information in accordance with (until 24 May 2018) section 34 BDSG or (from 25 May 2018) art. 15 GDPR.
  • In case personal data concerning You is inaccurate or incomplete, You have the right to obtain rectification or completion. In the instances covered by (until 24 May 2018) section 35 BDSG or (from 25 May 2018) art. 17 and art. 18 GDPR, You are entitled to request the erasure or the blocking / restriction of processing of data.
  • From 25 May 2018 You have, in accordance with art. 21 GDPR, the right to object, on grounds relating to Your particular situation, at any time to processing of personal data concerning You, even where think-cell pursues legitimate interests. You can object, without cause, at any time to processing of personal data concerning You for direct marketing purposes.
  • Furthermore, from 25 May 2018 You are entitled to request in accordance with art. 20 GDPR the transmission of personal data concerning You and provided by You to You or directly to another data controller.
  • Where processing Your Data is based on Your consent, You have the right to withdraw Your consent at any time, without affecting the lawfulness of processing based on Your consent before its withdrawal.
  • If You consider that the processing of personal data relating to You infringes applicable law, You have the right to lodge a complaint with a supervisory authority. Such complaint will not prejudice any other administrative or judicial remedy.
No obligation to provide personal data

You are required neither by law nor contract to provide think-cell with personal data. You can avoid the collection of data regarding Your use of the Web Site through cookies by selecting the appropriate settings on Your browser. If You opt to register, request further information regarding think-cell or our products, contact think-cell or place an order, it is generally mandatory to provide think-cell with certain information regarding Your company and your contact details. Otherwise, we might be unable to communicate with You or enter into business with Your company. You may, however, choose to provide us with so-called "role contact details" (e.g., a departmental email address, a switchboard phone number, etc.) that do not allow think-cell to identify You as an individual.

Registration and password

You are responsible for maintaining the confidentiality of Your registration and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify think-cell of any unauthorized use of Your registration or password.

think-cell reserves the right, at its sole discretion, to immediately terminate Your registration or ability to access the Web site and/or any other service provided to You by think-cell, upon any breach by You of the TOU.

Copyright and trademarks

This Web Site, including all content, texts, graphics, images, downloads, attachments, letters, emails, newsletters, white papers, marketing/sales brochures, collaterals, advertisements, press releases, license agreements, electronic product demos, product documentation, the programming of this Web Site, think-cell product programming and other material ("Material") are protected by the copyright of think-cell under both German and international laws.

Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

"think-cell" is a registered trademark in the United States of America and in the Federal Republic of Germany and is the property of think-cell. All referenced trademarks are the property of their respective owners.

Warranty and liability limitations

The product information contained on this Web Site should not be interpreted nor construed to be a warranty for any purpose, including a warranty for any particular purpose, a warranty of merchantability, or a guarantee of any nature or form with regard to product functionality, performance, or output.

The Material on the Web Site may contain inaccuracies or typographical errors. think-cell makes no representations about the accuracy, reliability, completeness, or timeliness of any data or the Material on the Web Site. Use of the Web Site and the Materials contained on the Web Site is at Your own risk. Changes are periodically made to the Web Site and may be made at any time.

think-cell does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. If Your use of the Web Site or the Material results in the need for servicing or replacing equipment or data, think-cell is not responsible for those costs.

The Web Site and Material are provided on an "as is" basis without any warranties of any kind. think-cell, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, and non-infringement.

In no event shall think-cell be liable for any damages whatsoever (including, but not limited to, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web Site and the Material, whether based on warranty, contract, tort, or any other legal theory.

Indemnity

You agree to defend, indemnify, and hold harmless think-cell, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to reasonable legal and accounting fees, alleging or resulting from Your use of the Material or Your breach of the terms of this Agreement should think-cell be sued or subjected to any arbitration or mediation as a result of Your use of the Web Site. think-cell shall provide notice to You promptly of any such claim, suit, or proceeding. think-cell shall assist You, at Your expense, in defending any such claim, suit, or proceeding.

General

The TOU are governed by the laws of the Federal Republic of Germany. Jurisdiction for any claims arising under the TOU shall lie exclusively with the state or federal courts located in Berlin. If any provision of the TOU is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOU, which shall remain in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or any other provision. The TOU constitute the entire agreement between You and think-cell with respect to the use of the Web Site. No changes may be made to the TOU except by a revised posting on this page.