Cookie policy

Welcome

GEA Farm Technologies GmbH ("GEA", we", "us", "our") is pleased that you make use of FarmView and visit our FarmView website ("FarmView"). In view of the importance of data privacy, and our obligations of transparency, we provide information below about what will happen with your personal data when you visit our website and about our use of cookies and other web tracking technologies on our website and what options you have if, despite the benefits they bring, you prefer to disable them.

Why do we collect personal data?

We collect, process and use personal data on our websites in order to offer you even better products and services, best adapt our business processes to our customers' needs and to show you the most suitable FarmView experience.

Cookies

In view of the importance of data privacy, and our obligations of transparency, we provide information below about cookies, how we use them in FarmView and what options you have if, despite the benefits they bring, you prefer to disable them. We will assume you agree to accept the cookies that we use in FarmView if you do not disable or opt out of them as described below.

What are cookies?

Cookies are small text files. They are commonly downloaded to your computer or mobile device by websites that you visit. They enable the website to tag your device and recognize it as you move around the site (and potentially when you return at a later date) so that, for example you do not have to re-enter your password each time you move between pages of the website.

Terminology

When trying to understand cookies, and how to control them, it can help to know some terminology:

• Cookies installed on your device by the organization running the website you are visiting are known as “first party” cookies.
• Cookies installed on your device via the website you are visiting by another organization are termed “third party” cookies. An example is a cookie set by a specialist website analytics company that provides the website owner with data on the numbers of people visiting its website.
• So-called “persistent cookies” remain on your device even after you close your internet browser. They are activated each time you visit the website that created that particular cookie. For example, where a "persistent cookie" is used on a website to remember your login details, you will not need to enter those details each time you visit that website.
• Session cookies, by contrast, are temporary and are typically used to enable the website to operate, e.g. by permitting a user to move from page to page without having to log in again. Once you close your browser, all session cookies are deleted.

what cookies do we use?

To enhance user experience, FarmView uses ‘persistent’ and ‘session’ cookies for the purposes described below. These cookies are generally ‘first party’ cookies, but may also be ‘third party’ cookies.

• Website functionality

Cookies that are essential for FarmView to function technically or which provide a service or option that you have requested. For example, a cookie that “remembers” your authentication details so you can remain logged into FarmView, or a cookie that remembers the country or language you have selected.

We use the following Cookies:

DeviceThemeCookie: The mobile device that is used is saved

PHPSESSID: The user name and password is saved

How to control cookies

As explained above, cookies help you to get the most out of our website. If you decide to disable cookies, you may find that certain aspects of FarmView do not work as expected.

Aside from any specific opt-outs we have provided above, if you do not wish to receive cookies you can set your web browser to disable cookies. Note that most browsers offer different levels of privacy, such as allowing first party cookies but blocking third party cookies, or notifying you each time a website wants to install a cookie. Be aware that disabling cookies in this way will prevent new cookies from being set, but will not stop previously set cookies from operating on your device unless you delete all cookies in your browser settings. The instructions for managing cookies in your browser can usually be found via the browser’s Help function or in a smartphone manual.

Links to other websites

This Privacy Notice applies only to FarmView and its associated websites and not to other websites or applications operated by third parties. We may provide links to other websites and applications which we believe may be of interest to you. After you click the link, we no longer have any influence over the collection, storage, or processing of any personal data transmitted by clicking the link, as the behavior of third parties is, by nature, beyond our control. GEA is not responsible for the privacy practices of such other websites or applications.

How do we collect your personal data?

According to the German Federal Data Protection Law, website visitors are made aware of any collection of personal data on each site they visit. We do not collect, use and process any information without your explicit consent, which can also be given online (e.g. through registration forms). A consent once given can be withdrawn at any time for any future actions.

How long do we keep your personal data?

Information collected on FarmView will only be retained for as long as necessary to fulfill the purpose for which it was collected. If you wish to access or correct any information GEA holds about you, you may have your data deleted, blocked or corrected (as long as compliant with applicable law). You have the right to access the personal information we hold about you; this service is free of charge.

How is personal data retained, protected and used?

Information input collected through FarmView will be transferred to the responsible GEA division but will not be transferred to third parties, unless necessary to answer your queries. Your information is used to exclusively fulfil the purpose for which it is collected, relating to the website or application through which it is collected.

Websites through which we collect your information are usually encoded using the encryption module of your browser. Moreover, GEA put in place additional and comprehensive state-of-the-art security measures when FarmView is accessed via the Internet. Firewalls prevent unauthorized access. Diverse encryption and identification layers protect customer information from intrusion or disclosure to third parties during data transfer.

EUROPEAN General Data Protection Regulation

In addition to this website specific Privacy Notice the GEA Data Privacy Notice taking the European General Data Protection Regulation into account applies.

Changes to this policy

Any changes to this policy in the future will be posted on this page and we will take all measures necessary to communicate any changes to this policy to you. Please check back frequently to see any updates or changes to this policy. We will also bring your attention to such changes by updating our cookie banner/ pop-up.

How to get in touch with us

If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end. Please contact us at:

GEA Farm Technologies GmbH, Siemenststraße 25, 59199 Bönen

Data Protection Officer: Jens Hofmann

E-Mail: jens.hofmann@gea.com

Data Protection Notice

Welcome

GEA Farm Technologies GmbH, Siemensstrasse 25-27, 59199 Bönen ("GEA") values you as a business partner. When you interact with us, we will collect and process certain of your personal data, including personal data of third parties received from you. This Data Protection Notice explains how GEA uses the personal data provided by you or by your organization and which rights and options you have in this respect. It applies to personal data that you or your organization provide to GEA or which is derived from such data. Please note that where this notice explains applicable law and your rights, this applies only to personal data which is processed under the EU General Data Protection Regulation. Where the processing of your personal data is not subject to this regulation, different rules will apply under your applicable law.

The use of information that is gathered during your visit to our websites by cookies or other web tracking technologies is subject to our cookie policy which can be found on the relevant GEA websites.

Who is Responsible for your personal data?

Your personal data will be controlled by GEA Farm Technologies GmbH or an affiliate of GEA Group Aktiengesellschaft which is in business contact with you or your organization or otherwise identified as responsible controller in any communication you receive from us (herein referred to as "us" or "GEA"). Please click GEA Group Affiliates for a list of the GEA Group affiliates with contact details.

For which purposes will we use your personal data?

Depending on the nature of our business relation, we may process your personal data for the following purposes ("Permitted Purposes"):

• Planning, entering into, performing, managing and administering your (or a third party's to whom you are related) contractual business relationship with GEA Farm Technologies GmbH or an affiliate of GEA Group Aktiengesellschaft including the fulfilment of our obligations arising from your sales, e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services to your purchaser;
• Maintaining and protecting the security of our products, services and websites or other systems, preventing and detecting security threats, fraud or other criminal or malicious activities;
• Ensuring compliance with legal and regulatory obligations. This may include sales and business record keeping obligations for tax or other purposes and sending required notices or other disclosures, compliance screening or recording obligations (e.g. under antitrust laws, export laws, trade sanction and embargo laws or to prevent white-collar or money laundering crimes). In this context we may be required to conduct automated checks of your contact data or other information you provide about your identity against applicable sanctioned-party lists and contacting you to confirm your identity in case of a potential match, to record interaction with you which may be relevant for antitrust purposes and to report to or support investigations by competent supervisory, law enforcement or other public authorities;
• Informing you, where permitted in accordance with local laws, within an existing business relationship about GEA's products or services; or
• Solving disputes, enforcing our contractual agreements and to establish, exercise or defend legal claims.

Where you have expressly given us your consent, we may process your personal data also for the following purposes:

• Communicating with you through the channels you have approved to keep you up to date on the latest announcements, special offers and other information about GEA’s products, technologies and services (including marketing-related newsletters) as well as events and projects of GEA;
• Administrating and performing customer surveys, marketing campaigns, market analysis, sweepstakes, contests or other promotional activities or events or
• Profiling and automated processing: Collecting information about your preferences on the basis of your activities when you use any products, downloadable content (e.g. registration for a software download, ebooks, whitepapers) or other services we offer to you online. On the basis of this information (e.g. which content is downloaded), we create a user profile to personalize and foster the quality of our communication and interaction with you (for example, by way of newsletter tracking). The logic behind our profiling activities is to identify areas which may be useful or otherwise of interest for you and to inform you about such areas in a more effective and targeted way. The algorithms used apply this logic and automatically deliver the targeted content or information to you.

Please note: Under the European General Data Protection Regulation (Article 21 (2)) you have the right to object to the use of your personal data for direct marketing purposes, including the profiling described above. Please refer to "Your data protection rights" below for further explanation of your rights and how to exercise them.

Where your explicit permission is required for any marketing-related communication, we will only provide you with such information if you have opted in. You may opt out at any time if you do not want to receive any further marketing-related types of communication from us.

We will not use your personal data for taking any automated decisions affecting you or creating profiles other than described above.

We apply modern technology to monitor and analyze data in relation to our products (also known as Internet of Things). Such information is used to support our customers, e.g. by improving our product design and enhancing product service. Typically, no personal data is processed in connection with any such technologies. Where that is the case, personal data will be processed strictly in line with this Data Privacy Notice and in accordance with applicable law.

On which basis do we process your personal data?

We will process your personal data for the above purposes

• where it is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into such a contract;
• where it is necessary for our or a third party's legitimate interests, always provided that such interests are not overridden by your interests or fundamental rights and freedoms. Our "legitimate interests" may include our commercial interests in operating our business in a professional, sustainable manner, in accordance with all relevant legal and regulatory requirements;
• for our compliance with our legal obligations;
• where it is necessary to protect your or another person's vital interests;
• where we have obtained your specific or, where necessary, explicit consent to do so. We will in each case inform you about the processing of your data and your related rights prior to obtaining your consent.

The legal bases for processing of your personal data are set forth in Article 6 of the European Data Protection Regulation.

Scope of personal data

Depending on the nature of our business relationship with you or your organization, we may collect and process in particular the following categories of personal data:

• Private or work contact information, such as full name, address, telephone number, mobile phone number, fax number and email address, mobile device unique identifier and the IP address of your computer if you use our services online;
• Communication data, such as emails or other communication exchanged with you in connection with your or your organization's business relationship with GEA;
• Further business information necessarily processed in a project or contractual relationship with GEA or voluntarily provided by you, such as orders placed, payments made, requests and projects and other business activities, product feedback and any other information you may provide to us;
• Information about your interests and preferences and other information obtained by the analytics described above, in particular your activities when you use any products, downloadable content (e.g. registration for a software download, ebooks, whitepapers) or other services we offer to you online. This includes which content you download, click or view for how often and how long.
• Information we are legally required to collect to comply with our legal or regulatory obligations, which may include information about relevant and significant litigation or other legal proceedings against you or a third party related to you and interaction with you which may be relevant for antitrust purposes.
• Special categories of Personal Data. In certain circumstances, where required by law or where you have permitted us to do so, we may collect special categories of your personal data which are specifically protected under data protection law. Any use of such information is based on your consent. If you do not provide any such information about disabilities or special dietary requirements, we will not be able to take any respective precautions.

How do we collect your personal data?

We will typically collect your personal data directly from you when you interact with us, e.g. when you communicate with us in relation to our products and services, request a product or service, register to receive our newsletter or other specific marketing material or participate in our customer surveys. We do not obtain personal data from third parties unless specified herein (e.g. information from publicly available resources, integrity data bases and credit agencies).

Where you have expressly given your consent, we may also obtain your personal data from third parties for marketing purposes. In such cases, you will be informed about this in accordance with applicable law.

How do we Protect Your personal data

We maintain physical, electronic and procedural safeguards in accordance with the technical state of the art and legal data protection requirements to protect your personal data from unauthorized access or intrusion. These safeguards include implementing specific technologies and procedures designed to protect your privacy, such as secure servers, firewalls and SSL encryption. We will at all times strictly comply with applicable laws and regulations regarding the confidentiality and security of personal data.

With whom will we Share Your personal data?

We may share your personal data as follows:

• With our affiliates within GEA Group worldwide if and to the extent required for the Permitted Purposes and legally permitted. In such cases, these entities will then use the Personal Data for the same purposes and under the same conditions as outlined in this Data Privacy Notice. Please click GEA Group Affiliates for a list of the GEA Group affiliates with contact details.
• We may also instruct service providers (so called data processors) within or outside of GEA Group, domestically or abroad, e.g. shared service centers, to process personal data for the Permitted Purposes on our behalf and in accordance with our instructions only. GEA will retain control over and will remain fully responsible for your personal data and will use appropriate safeguards as required by applicable law to ensure the integrity and security of your personal data when engaging such service providers.
• With courts, law enforcement authorities, regulators or attorneys if legally permitted and necessary to comply with a legal obligation or for the establishment, exercise or defense of legal claims.
• We may also share your personal data with third parties if we sell or buy any business or assets, in which case we may disclose personal data to the prospective seller or buyer of such business or assets, along with its professional advisers. If GEA or substantially all of its assets are acquired by a third party, personal data held by us about customers and other contacts will be one of the transferred assets.
• Otherwise, we will only disclose your personal data when you direct or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or when we suspect fraudulent or criminal activities.

Where will your personal data be processed?

GEA is a globally active enterprise. In the course of our business activities, we may transfer your personal data also to recipients in countries outside of the European Economic Area (“third countries”), in which applicable laws do not offer the same level of data protection as the laws of your home country. When doing so we will comply with applicable data protection requirements and take appropriate safeguards to ensure the security and integrity of your personal data, in particular by entering into the EU Standard Contractual Clauses which are available here. You may contact us anytime using the contact details below if you would like further information on such safeguards.

Your data protection rights

Subject to certain legal conditions, you may request access to, rectification, erasure or restriction of processing of your personal data. You may also object to processing or request data portability. In particular you have the right to request a copy of the personal data that we hold about you. If you make this request repeatedly, we may make an adequate charge for this. Please refer to Articles 15-22 of the EU General Data Protection Regulation for details on your data protection rights.

For any of the above requests, please send a description of your personal data concerned stating your name, customer number or other GEA identification number(if applicable) as proof of identity to the contact details below. We may require additional proof of identity to protect your personal data against unauthorized access. We will carefully consider your request and may discuss with you how it can best be fulfilled.

If you have given us your consent for the processing of your personal you withdraw the consent at any time with future effect, i.e. the withdrawal of the consent does not affect the lawfulness of processing based on the consent before its withdrawal. In case consent is withdrawn, we may only further process the personal data where there is another legal ground for the processing.

If you have any concerns about how your personal data is handled by us or wish to raise a complaint, you can contact us at the contact details below to have the matter investigated. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the competent data protection supervisory authority in your country.

Are you required to provide personal data?

As a general principle, you will provide us with your personal data entirely voluntary; there are generally no detrimental effects on you if you choose not to consent or to provide personal data. However, there are circumstances in which GEA cannot take action without certain of your personal data, for example because this personal data is required to perform the business relationship with you or your organization, provide you with access to a web offering or newsletter or to carry out a legally required compliance screening. In these cases, it will unfortunately not be possible for GEA to provide you with what you request without the relevant personal data.

How long do we store your personal data?

We will hold your personal data as long as required for the Permitted Purposes described above and to provide you with the products, services or information you have requested and to execute and administer your business relationship with us. If you have asked us not to communicate with you, we will hold this information as long as required to comply with your request. We are also required to keep certain of your personal data (e.g. relating to business or tax relevant transactions) for certain retention periods under applicable law. Your personal data will be promptly deleted when it is no longer required for these purposes.

Updates to this Data Protection Notice

This Data Privacy Notice was last updated in June 2019. From time to time, we may update and change this Data Protection Notice from time to time in order to reflect and changes to the way in which we use your personal data or changing legal requirements. In case of any such changes, we will inform you about the changed Data Protection Notice.

How to get in touch with us

For any questions and comments or in case you want to assert your rights, you can contact us by sending an email to:

GEA Farm Technologies GmbH

Siemensstraße 25, 59199 Bönen

Data Protection Officer: Jens Hofmann

E-mail: jens.hofmann@gea.com

TERMS OF USE

FOR FARMVIEW

Version: March 2024

1. General
   • The application GEA FarmView ("FarmView") offered by GEA Farm Technologies GmbH, Siemensstrasse 25-27, 59199 Bönen ("GEA"), is a service that allows farmers to monitor their farm's installed GEA systems (hereinafter "facility") via a web portal and to store certain data ("User Content") in central GEA databases and manage it through FarmView, DairyNet Cloud, and the associated mobile apps, making it accessible to other users, thus enabling dealers, installers, and GEA to maintain and optimize the facility or to troubleshoot defects ("Service"). Farmers as well as dealers are hereinafter individually or collectively referred to as "Users", To this end, the Service continuously transfers determined system data (e.g. the average milk yield of all cows, the number of milkings, maintenance and start times and the milking duration and length of stay) via the internet to a GEA web server and displays this information to the user as graphic evaluations. The Service generates automatic alarm notifications when the parameters defined by the user are exceeded or not met, if the user sets it accordingly. These alarm notifications can be sent both to the farmer and also, if the farmer wishes, to the dealer responsible for them. The Service can be used via the website description as a web application or corresponding mobile applications. All data are processed and stored in the GEA cloud and can therefore be retrieved by different end devices. The Service functionalities are described here. GEA may monitor the function of the system and evaluate the data transmitted to GEA in an anonymised form and use it to optimise its products.
   • The use of the Service requires a separate software license agreement between GEA country organization and the GEA-authorised dealer, who distributes FarmView to the user.
   • In the event of inconsistencies or contradictions between these terms of use and other conditions agreed with GEA, these terms of use prevail in relation to the use of the Service.
2. Scope
   • These terms of use between the user and GEA are considered agreed upon installation of a corresponding app, the first use of the Service or at the latest upon completion of the registration for the Service. By accepting the use of the Service, the user confirms that they have read these terms of use and agree with them in full. If this is not the case, the use of the Service is not permissible.
   • Opposing user conditions or user conditions deviating from these terms of use or from legal provisions are not applicable, even if GEA has not separately objected to them.
   • These terms of use apply to all upgrades, updates, changes and updates to the Service (“updates”) and to all services and information available through use of the Service, insofar as no separate regulations are made for them which take priority.
   • GEA can change these terms of use at any time. GEA shall disclose the changed terms of use to the user with a reasonable objection period, highlighting the changes. If the user does not object to the changes within this period and continues to use the Service after this time, this shall be considered as acknowledgment of the changed terms of use. GEA will inform the user of this consequence together with the disclosure of the changed terms of use. In the event of a timely objection by the user to the changed terms of use, GEA can terminate the use of the Service for the user.
   • If the Service is used by companies or other legal persons, the respective company or the legal person will be represented by the user and must assume responsibility for their actions and knowledge.
   • A claim for use of the Service only exists insofar as the user or the company represented by the user has concluded a separate software license agreement with GEA or there is an agreement according to point 2 between GEA and the respective GEA dealer. GEA may at any time and without specifying any reasons refuse any registration request or any attempt of use. The contractual obligations of chargeable use agreed by GEA remain unaffected.
3. Provision and Operation of FarmView
   • GEA operates the Service in its instructed computer center and grants the licensee the option of accessing the Service and using it as intended. The functionalities and the other properties of the Service emerge from the description indicated in point 1.
   • The Service is provided at the transfer point. The transfer point is the interface between the GEA computer center and the network via which the user accesses the Service, i.e. e.g. the internet or a VPN line.
4. Registration, Password
   • The use of the Service requires the creation of a user account. To do so, the user must provide determined information (contact details, company name, authorised users etc. where applicable) (“registration data”) and set a password. A user account is therefore created for the user.
   • The user is required to indicate accurate, current and complete registration data and to always keep the registration data up to date and complete.
   • The user is required to keep their password secret and safe at all times and to take all other reasonable measures in their remit to prevent unauthorised access to their user account.
   • GEA considers instructions issued by the user using their registration data as part of use of the Service as instructions from the user. The user is responsible for all activities which are performed using their registration data.
   • The user must immediately inform GEA if they become aware of unauthorised use of their registration data or they suspect such use.
5. License
   • GEA grants the user a single, non-exclusive, non-transferable, free right limited to the duration of these terms of use to use the Service for the purposes for which it is made available by GEA according to the terms of use.
   • The user may in particular not (i) copy the Service and the components used for its rendering, except for archiving purposes or when it is necessarily required for the authorised use; (ii) change, adapt or create works derived therefrom; (iii) publish, disclose, sell, rent, lease, provide, distribute, make available online, sub-license or make available them to a third party without GEA having given prior written consent for this. Copyright notices or other notices on intellectual property may not be removed or changed. An access to source codes is not contained in the license. The user may not decompile, disassemble or reverse engineer components of the Service, insofar as nothing else emerges from mandatory legal provisions or these terms of use.
   • Individual parts of the Service or the components used therefor may be subject to open source licenses which then take precedence over the preceding regulations of this point 5. In these cases, GEA shall provide the user with the object code or the source code upon request, insofar as provision of the object code or the source code is provided for in the terms of use of the open source license in question. Insofar as this is required for lawful use of the Service, the respectively applicable open source license conditions are listed in point 14 of these terms of use. The user acknowledges these open source license conditions upon using the Service. In the case of contradictions, they apply taking precedence over these terms of use.
6. User Duties
   • Regarding User Content (specifically technical data generated during the use of the facility), the user grants GEA a non-exclusive, irrevocable, worldwide, royalty-free, transferable, perpetual, sublicensable right to use, modify, reproduce, distribute, publish, and exploit solely for the purpose of providing the Service and, to the extent that User Content is anonymized or appropriately aggregated, for GEA's own purposes including: providing product support and information about the Service; identifying benchmarks and optimization potentials; developing, manufacturing, automating, improving, monitoring, and/or maintaining equipment, software, digital solutions, processes, and services; creating and further developing algorithms, statistical analyses, and AI solutions; supporting marketing and sales activities and generating derived data, as well as other similar purposes. It is clarified that all rights to all data derived from User Content belong exclusively to GEA.
   • Insofar as the user makes the user content available to GEA when using the Service (e.g. are uploaded in a storage device provided by GEA or they are obtained automatically from the system), the user ensures in particular that (i) the user has obtained the rights required by GEA to render the Service and all necessary consents required therefor (in particular consent under data protection law); (ii) the use of user content required by GEA to render the Service does not infringe any copyright laws, trademark laws, patent laws, trade secrets or other third party rights (e.g. the data protection law or other personal rights); (iii) the transmission of the user content and its contractual use by GEA to render the Service also does not otherwise infringe laws or rights and (iv) the user content does not contain any viruses, Trojans or other malware. The user shall inform GEA immediately when there are indications of an infringement of the regulation described above.
   • The user themselves is responsible for the user content and other data processed with the Service. GEA is not required to check user content for legal violations. However, GEA is entitled to refuse the processing of the user content by the Service or to delete user content that has been transmitted when GEA considers that there are indications that its use could violate these terms of use or could lead to legal infringements.
   • GEA may at any time block access to the Service for the user
     • if the user violates their duties under these terms of use (in particular the warranties in point 2);
     • if the user violates their duties under the contract concluded with the dealer with regards to the Service;
     • if there are indications that the functionality or security of the Service is impaired by the technologies used by the user or GEA’s capabilities to check the user’s access authorization and the permissibility of the manner and scope of use and to prevent theft of Service are limited;
     • if the IP address from which the access is made is listed on a publicly accessible blacklist; or
     • if the user uses browser software which allows substantial anonymization of the user and obfuscation of the use behaviour (e.g. Tor browser).

GEA will contact the user if possible prior to blocking and make them aware of the situation and an intended block and give them an opportunity to remedy within a reasonable period; this does not apply to imminent danger.

• The user is responsible for the technical requirements for access being provided and maintained within their remit, in particular with respect to the hardware and operating system software used, the connection to the internet and the current browser software. The provider indicates, upon request, which browsers are currently supported.
• The user allows for the possibility of remote access for support by GEA or the GEA-authorised dealer (with the end user’s consent).
• The user shall provide the network and telephone connections to the transfer point and bears the costs incurred therefor and shall accept responsibility for proper functioning.
• The user shall ensure system management of the system environment corresponding to the applicable standards of care and industry standards, within the scope in which they use the Service. The user shall continuously maintain their system environment (hardware and software) and in particular use current and stringent industry standards and take corresponding security precautions (firewall, anti-virus, DMZ, etc.).
• The user is required to regularly secure their database with the care of a diligent merchant.

7. Hyperlinks

Elements of the Service or the GEA website may contain hyperlinks to third party websites. GEA accepts neither responsibility for the content of these website nor does GEA take ownership of these websites and their content.

8. Warranty and LIABILITY
   • If user devices cause disruptions or damage to GEA’s technical infrastructures, GEA may request compensation from the user for the costs incurred as a result.
   • To the extent permitted by law the Service is provided "as is", "where is" and "as available" and without warranties of any kind. GEA makes no representations or warranties or guarantees of any kind or nature, whether express or implied, regarding the Service, and specifically disclaims all such warranties, including without limitation any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the foregoing disclaimers, GEA does not represent, warrant or guarantee that the Service (i) is compatible with the user’s hardware or software; (ii) is made available in an unrestricted manner at all times or at certain times; (iii) meets the user’s requirements or other special service or functional requirements, which are not agreed in these terms of use; (iv) causes no data losses; (v) is free of viruses, malware programs, disruptions or other components putting security at risk. GEA shall endeavor to provide the Service availability in accordance with the regulations of these terms of use. However, there may be temporary limitations to the opportunity for use in particular in the context of maintenance work. GEA shall endeavor to perform planned maintenance work during low-use periods and inform the user of relevant limitations to the opportunity for use.
   • The user shall use appropriate and up-to-date security devices (firewall, virus scanner etc.) for suitable protection and for the protection of the Service.
   • If the user notices a Service defect, they shall immediately inform GEA of this and describe the defect and the surrounding circumstances of its occurrence in as much detail as possible. GEA shall endeavor to remedy the defect within a reasonable period of time. The duty to remedy the defect is limited to the service, but not to the purposes pursued by means of the service. If necessary, the user must re-upload data after GEA has remedied the defect. Only after two unsuccessful rectifications can the user (in the case of paid use) request a reasonable reduction of the fee for the respective calculation period or terminate the agreement if its continuance can no longer be reasonably expected of them. Further user claims in the case of defects are excluded, insofar as they are not agreed in a separate agreement with GEA.
   • Without prejudice to the following exclusions and limitations of liability, any claim for damages based on breach of contract or otherwise shall require fault on part of GEA.
   • Notwithstanding any other provision to the contrary, GEA shall in no event whatsoever be liable, whether in contract, tort or otherwise, for any loss of revenues or profits; loss of opportunity; loss of use; loss of contract or production; standby costs; loss of or damage to feed, raw materials, utilities or product; plant downtime or delays; loss of goodwill; liquidated damages or penalties imposed on the user by its customers or third parties; user´s contractual liability towards any third party; claims to recourse; recall costs; legal action costs; any damages fines or penalties payable by the user; or otherwise for any financial or economic losses or damages, and in each case irrespective whether the losses or damages in question are deemed to be direct, consequential, indirect or otherwise, or for any consequential, indirect, special, incidental, punitive or exemplary losses or damages howsoever caused or arriving.
   • Notwithstanding any other provision to the contrary, but without prejudice to any greater limitations of liability stipulated elsewhere in these terms of use, GEA´s maximum aggregate liability for damages towards the user under or in connection with these terms of use (including its avoidance or rescission) shall in no case exceed in the aggregate 50 % (fifty percent) of the contract price to be paid by user, irrespective whether such liability arises by way of breach of contract or of statutory duty, tort (including negligence), strict liability, indemnity or otherwise.
   • All limitations of liability stipulated in this Clause 8 shall also apply for the benefit of GEA's subcontractors, agents, advisors, directors and employees.
   • The aforementioned exclusions and limitations of liability shall not apply in the event of either (i) gross negligence or intentional misconduct attributable to GEA’s directors and executive staff (ii) bodily injury or death culpably caused by an act or omission attributable to GEA or (iii) insofar as mandatory product liability laws provide otherwise.
   • In the case of free use of the service, GEA’s liability to the user is completely excluded, except for in the cases mentioned in point 5.
9. INdemnity

The user releases GEA, its management staff, employees and subcontractors from all third party demands and claims and from all losses, damages, costs and expenses, including reasonable legal defence costs, which result from (i) a use of the Service not corresponding to these terms of use or (ii) an infringement of laws or third party rights through user content, the user or a person, for whom the user permits the use of the Service and for which the user is responsible.

10. Support and Updates
    • GEA provides, at its discretion, limited product support and updates on a voluntary basis. The user is not entitled to further support, updates or assistance through GEA, provided no separate agreement has been concluded with GEA concerning this. GEA’s duties to remedy defects according to point 8 remains unaffected.
    • GEA shall regularly maintain and update the Service so that it reflects changes in mandatory technical and/or legal requirements. GEA may, at its discretion, also perform other optimisations, improvements or extensions to the applications.
    • For third party applications, GEA’s duty to perform maintenance is limited to the implementation of measures and recommendations provided by the manufacturer of the applications (e.g. the installation of service packs or patches). GEA shall implement such measures within a reasonable period of time according to the manufacturer’s provision/recommendation.
11. Duration and Termination
    • These terms of use become effective in the time period described in point 1 and apply indefinitely until they are effectively terminated by GEA or the user in accordance with these terms of use.
    • The parties may terminate the contract at any time in writing and with a notice period of one month to the end of the month.
    • Upon termination of these terms of use, the user must definitively delete all copies of components of the Service still present on devices controlled by them.
    • The right to terminate these terms of use for good cause remains unaffected in each case.
    • GEA is not required to uniformly provide the user with the data stored by them in a specific format at the end of the contractual relationship.
    • GEA reserves the right to completely or partly modify, suspend or discontinue the Service at any time and without notice. The users who use the Service for a fee will be reimbursed (prorata if necessary) the fee paid for the use period in question in the event of a definitive discontinuation or essential limitation of the Service, insofar as nothing else is expressly agreed with the user.
12. Confidentiality and Data Protection
    • The user undertakes to indefinitely keep secret all information of which they gain knowledge in connection with these terms of use and the services rendered under them, which are designated as confidential or recognisable as confidential or as trade or business secrets owing to other circumstances and to use it only for the purposes of these terms of use.
    • GEA stores and processes personal data transmitted by the user exclusively to render the Service and in compliance with the applicable data protection law. The user must ensure that any transmission of personal data to GEA (in particular as part of user content) is carried out in compliance with the applicable data protection law. If necessary, GEA is, in principle, willing to conclude an order processing agreement with the user.
    • GEA expressly points out that user content is stored using cloud services, which subcontractors make available to GEA. User content is not stored at locations outside of the EU and the EEA.
    • Insofar as GEA collects and processes personal data as part of the use of the Service by the user themselves, this occurs in compliance with the data privacy statement, which can be viewed here.
13. Other
    • If a provision of these terms of use proves to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these terms of use will not be affected. The effective and enforceable regulation coming as close as possible to what was legally and economically intended by the parties is deemed as agreed with retroactive effect in place of the invalid provision.
    • Ancillary agreements require the written form.
    • Insofar as the written form is prescribed in these terms of use for declarations, a declaration in text format is sufficient. This does not apply to terminations according to point 11, for which the statutory written form applies.
    • The contract is governed by the Law of the Swiss Confederation under exclusion of any conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts of Dortmund/Germany shall have exclusive jurisdiction.

Short functional description of FarmView / July 2019

FarmView is a condition monitoring software for automatic milking systems of GEA Farm Technologies GmbH, which can be used by the dealer for a quick service support but also by the dairyman for his daily operational monitoring. FarmView offers the following functions:

Info Page

• Contact data
• Information about GEA equipment on the farm
• Connection data of the milking system, etc.

Live View

• Fetch list with overdue cows
• Current milking status including vacuum and compressed air status
• List with last system alarms
• Current performance data
• Status of hygiene level
• Expiration date for next liner change
• Status of calf milk buckets
• Cleaning history per box and per system

Remote Access

• Remote access to farm PC

Analysis function

• Selection of many different data points which are available to establish own analysis that offer an important indication for a process optimization of the system
• Data export to Excel

Document section

• Storing section for customer documents, for example service agreement, service reports, others
• Technical manuals of the milking system

Notifications

• Notifications coming from the milking system
• Warning function which was set up with GEA default threshold values for possible exceedings
• Notifications for exceedings which were set up with threshold values from the dairyman

Data backups

• Daily backups of herd management software, which are saved in FarmView for the last eighteen days.

Service Logbook

• Logbook entries of all maintenance tasks conducted at the milking system by technicians or from farm operators, for example a liner change, etc.

GEA Konzerngesellschaften // GEA Group Affiliates

(Status: 12/2018)

Imprint

GEA Farm Technologies GmbH
Siemensstraße 25-27

D-59199 Bönen

Contact:
Phone: +49 2383 93-70    
Fax: +49 2383 93 780
E-Mail: kontakt@gea-farmtechnologies.com

Represented by the Executive Board: Peter Lauwers, Erkul Basaran, Liang Cheng
Court of Registration: Hamm, HRB 5363
VAT registration no. DE 812029088

OPEN SOURCE LICENSE CONDITIONS

Open Source License Conditions GEA uses the following open source components in elements of the Service for which the particular license conditions listed below are applicable by priority.

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