EVALARM Terms of Use and Privacy Agreement
- Last revision 10.06.2024 -
GroupKom
GmbH Terms of use for the service EVALARM
The service EVALARM includes the mobile
Apps (iOS, Android), the Desktop Client and the Webinterface (Cockpit,
Administration, Company Overview, Control Center). EVALARM is made available to
a company or organization (customer) under a general usage and license
agreement (main contract). The use of the service is therefore subject to the
general data protection guidelines of the respective customer as well as the
privacy policy of GroupKom GmbH. GroupKom processes data on behalf of the
customer.
GroupKom
grants the user a personal, globally valid, free, non-transferable and singular
license to use of the service EVALARM Webinterface within the scope of the
General Usage and License Agreement. The license is limited to the use of the service
EVALARM within the scope of the general usage and license agreements.
The
user must sufficiently inform himself of the functions before the first use and
is responsible for the correct use.
All
rights to the service EVALARM and / or on behalf of GroupKom agents as well as
GroupKom affiliates are and remain the sole property of GroupKom and their
licensors. The service may be protected by copyright, trademark, and other
applicable laws. Use for purposes other than those specified in these Terms of
Use is only permitted with the prior consent of GroupKom.
Third party rights
Indications for alleged copyright
infringements and / or other legal violations, which are displayed to GroupKom,
are examined and legally pursued.
If
the user believes that the contents of the service EVALARM illegally violates
their rights or rights of third parties, please indicate the contact address as
well as the exact description of the infringing content and the allegedly
violated right, including a statement stating that the content has not been
approved by right holder or by his authorized representative and / or is not
legally permitted, to the following contact address. In the case of
infringements of rights, the proof of the protective right is required.
Contact:
info@evalarm.de
Hard- and Software requirements
The current requirements can be found
here: https://www.evalarm.de/systemvoraussetzungen?lang=en.
Personal data of the user
In EVALARM, personal data is collected and processed. This may happen in the
context of user registration, the creation of contact lists and documents with
personal data.
This includes specifically the data
§ E-mail
Users can be registered with
the EVALARM service in two ways:
§
Created by an administrator
§
Registration of the user
himself (user role Guest)
Contact lists and documents
which may contain personal data may be added exclusively by a user with the
user role Administrator or administrator rights. By means of the configuration,
the Administrator determines which persons are granted access to personal data
during the use of the service.
User registration by the
administrator
The registration of users by
the administrator generally requires their consent.
The following data is required:
The user receives the
access data sent to the specified e-mail address. All registered personal data
is listed in the registration e-mail.
The user can access a
link via the registration e-mail, where he can delete his user data at any
time. The e-mail address is used exclusively for the registration process.
The user must confirm
that he agrees to the Terms of Use and the data protection regulations. Only if
he agrees to the Terms of Use, he can log in to EVALARM and use the service
actively.
Registering users via the
Guest role
The user can register
himself / herself via the Guest user role on the platform.
The following data is
required:
§ Namespace (account name)
§ First name
§ Surname
§ E-mail address
§ Phone
The user receives the
access data to the specified e-mail address. The registered e-mail lists all
the personal data that is stored. The user must confirm that he agrees to the
Terms of Use and the data protection regulations. Only if he agrees to the Terms
of Use, he can log in to EVALARM and actively use the service.
The Terms of Use of
EVALARM are available in the App, the Desktop Client and the Webinterface at
any time.
The user roles Administrator
and Super-Administrator can see which user has registered with the
corresponding role Guest. Both Administrator and Super-Administrator can view
the user's profile details.
Unsubscription and
deletion of the account
The user can log out of the service EVALARM at any time.
The user can delete his EVALARM account at any time as well.
With the account
deletion, your user data is deactivated and permanently deleted after a period
of 3 months unless otherwise agreed.
The Administrator and
Super-Administrator have no access to the personal data of the user from the
time of deactivation.
All data from the alarm
processes are anonymized with the time of deactivation. Alert data older than 3
months will be deleted – unless otherwise agreed with the customer.
Users can stop using the
EVALARM service at any time without specifying reasons. Furthermore, the
profile of the user can be deleted at any time as long as there are no
objections due to other contractual relationships with GroupKom.
GroupKom can lock user
accounts temporarily or terminate or refuse to provide the service EVALARM at
any time for any reason, particularly if it has reasonable grounds for
believing that a user has violated the Terms of Use.
Access to personal data
during alarming
With the alerting, personal data is made available to
the alarm receivers. Receivers of an alarm can see who has triggered, changed
or ended the alarm. The user's profile (name, first name, telephone number) is
displayed to the receiver. However, this data can only be viewed by users with
the user roles Administrator, Emergency & Crisis Team Supervisor and Emergency
& Crisis Team Member, Employee and Guest.
It is also only possible
to call up alarm details for an alarm process in which the user is explicitly
involved.
This excludes user of the
customer with the user roles Super-User and Super-Admin which can see an
overview of the alarms.
In addition, it is technically necessary for the operation of the EVALARM
app that device-specific data is collected for the use of EVALARM's range of
functions.
1. IP-Address
2. Browser
3. Operating system
4. Language
and version of the device / browser
5.
Scope
of data transfer
6.
http
Statuscodes
7.
Time
8.
Device
identifier
9.
Request/Anfrageninhalt
10. Users and Location IDs
Archiving and deletion of
alarm data
All alarm data is automatically archived after an
alarm is terminated.
Users with roles Guest
and Employee do not have access to archived alarms.
The user roles
Administrator, Emergency & Crisis Team Supervisor, Emergency & Emergency
& Crisis Team Member and Employee have a 7-day access to archived alarms on
the mobile client (App).
In the Webinterface and
Desktop Client, the alarms can be reviewed for 3 months unless otherwise agreed.
Access to the web console is only possible for the user roles Super-Administrator,
Super-User, Administrator, Emergency & Crisis Team Supervisor, Emergency
& Crisis Team Member and Employee.
Archived alarms are
automatically deleted after 3 months unless otherwise agreed.
Contact lists
Contact lists are transmitted in case of an alarm. The
contact lists are no longer displayed when an alarm is terminated on the mobile
clients (App). Contact lists can be made available to individual users and user
groups in an alarm-related manner.
Documents
All documents are encrypted on the mobile devices. By
deleting the account, the documents are automatically deleted on the end
devices. Documents can be centrally created, modified and deleted by the Administrator
and Super-Administrator.
Third-party
services and content
When using the EVALARM service, offers and content from third-party
providers are used with a legitimate interest in accordance with Art. 6 (1)
GDPR. This may result in the transfer of data to third countries. Agreements
are concluded with the service providers for processing in accordance with the
standard data protection clauses pursuant to Art. 46 para. 2. c and d GDPR.
Download
the EVALARM app via the App Store
By downloading the EVALARM app, relevant information
is transferred to Google (Play Store) or Apple (App Store). The information
includes username, email address and account number. The data is collected
directly by the provider, possibly in a third country. The data will not be
processed by GroupKom.
How
to Use reCAPTCHA when logging in
ReCAPTCHA is a security service from Google that protects customer accounts
from abuse by non-human login attempts. In doing so, reCAPTCHA collects data
from users to determine whether the sign-up action was initiated by a human.
Among other things, the IP address and other data such as cookies, referrer URL
or information about the browser and operating system are checked by Google,
whereby the data may be processed outside the EU. However, the IP address will
be shortened by Google beforehand within member states of the European Union or
in other contracting states of the Agreement on the European Economic Area.
Further information can be found in the privacy policy of Google https://policies.google.com/privacy and in the security information https://safety.google/security-privacy/.
Integration of external
map material
To display GPS positions when alerting and configuring
EVALARM, map material is integrated via Google Maps APIs and Apple Maps APIs.
In order for the map to be displayed, the IP address and location are
transmitted to Google Maps or Apple Maps, whereby the data may be processed
outside the EU. However, the IP address will be shortened by Google beforehand
for member states of the European Union or in other contracting states of the
Agreement on the European Economic Area. For more information, see Google's
Privacy Policy https://policies.google.com/privacy
and Security Advisories https://safety.google/security-privacy/ and Apple https://www.apple.com/privacy/'s Privacy Policy.
Cookies
The EVALARM service
uses cookies. Cookies are text files that are stored on a computer system via
an internet browser. Cookies contain a so-called cookie ID. A cookie ID is
a unique identifier of the cookie. It consists of a string of characters through
which websites and servers can be assigned to the specific Internet browser in
which the cookie was stored. This allows the websites and servers visited to
distinguish the individual browser of the data subject from other Internet
browsers that contain other cookies. A particular internet browser can be
recognized and identified via the unique cookie ID.
By using cookies,
GroupKom GmbH can provide EVALARM users with more user-friendly services that
would not be possible without the cookie setting. The data subject can
prevent the setting of cookies by the EVALARM service at any time by means of
an appropriate setting of the Internet browser used and thus permanently object
to the setting of cookies.
If the data subject
deactivates the setting of cookies in the Internet browser used, not all
functions of the EVALARM service may be fully usable. The legal basis for data
processing is consent in accordance with consent. Art. 6 para. 1 GDPR.
The following categories
of cookies are used by EVALARM:
1.
Web Session: Allows you to
preserve the user session (First Party, Essential)
2.
Google Maps: Enables the use
of the external service Google Maps (Third Party, Essential)
3.
reCAPTCHA: Allows you to
verify the login via reCAPTCHA (Third Party, Essential)
4.
Google Firebase: Allows you to
send push notifications (Third Party, Essential)
Permissions of Apps
The
subsequent accesses to the user's smartphone are exclusively for the
functionality of the EVALARM service. Before using some features of the App it
is necessary to agree to the permissions using a pop-up.
Location
Uses the location of the
device. The location is required when starting and updating the Dead Man's
Switch, when creating and updating an SOS alarm, when creating an alarm with
the feature GPS-position of the alarm creator enabled and for the defined Guest
role (alarm received in the specified radius). No user movement profiles are
created. Additionally, the user position will be transmitted if the additional
module Intervention is activated for a corresponding alarm type after accepting
the alarm.
Photos / Media / Files &
Storage
Uses access to files on the
device for images, audio elements, or other documents. The application uses
this authorization to store and display the documents (PDF documents and logos)
on the device for the offline functionality. It also allows the application to
add files as alarm attachments.
Camera
Uses the camera of the unit.
This authorization is required in the course of the evacuation, visitor
management or task completion in order to read QR or barcodes if necessary. It
also allows the App to add photos and videos as alarm attachments.
Microphone:
This
permission is needed to create voice messages as alarm attachments.
Wireless connection
information
Allows the app to get WiFi
information, such as whether WiFi is on. It can also be used for locating an
SOS alarm. The application checks in some places whether there is an active
Internet connection.
Additional
permissions for Android:
Identity & Contacts
Uses access to accounts on the
device. After logging in, an account is created for background synchronization.
This account can be deactivated at any time, then no more background
synchronization will be carried out. Background synchronization is required so
that not all data is loaded in the event of an alarm. Before an alarm can be
displayed, the client must have all data from the environment up to date. If
there is no background synchronization, the alarm can take up to 3 minutes to
set up if the internet connection is poor.
Phone
Uses access to telephony. Fees
may apply. In the application it is possible to make a phone call.
Do not disturb
This permission allows the
system to overwrite the phones sound settings and show notifications, even
though the „do not disturb“-mode is active.
Battery-Optimization
This permission is necessary
to guarantee the alarm delivery because the battery optimization stops the push
tunnel connection automatically after 10 minutes. The battery optimization has to
be deactivated so that the connection to the servers is not terminated in the
background.
Physical activities
Access to the physical
activities is needed to automatically update the status of the standalone
monitor by movements.
Notifications
This authorization is required
from Android 13 so that push notifications can be sent.
Other:
Read
Synch statistics
Read Synch preferences
Get Data from the internet
Check network connection
Create accounts and passwords
Deactivate lock screen
Access all networks
Control near field communication (NFC)
Start on phone start up
User device accounts
Control vibration alarm
Deactivate quiet mode
Activate and deactivate synch
Start flash light
Play Install Referrer API
Change audio settings
Fullscreen Notification
Additional
Permissions for iOS
Push-Notification:
Enables the user to send messages in the case of an alarm.
Critical Alert:
This
permission allows the App to overwrite the sound settings, even if the phone is
in do not disturb mode.
Motion Detection:
Needed
to check and reset automatically the movement status for the Lone worker
protection feature.
Background
update:
Necessary
authorization so that a connection to our system can be established in the
event of an alarm.
Right
of Access and Right of Rectification
Users have the right to access information about the
personal data stored on their person without charge. Users also have a right to
the rectification of wrong data. This can happen by contacting the privacy officers
via e-mail. The customer will be informed as the responsible for the.
Contact:
datenschutz@evalarm.de
Right to confirmation
Each user has the right to obtain confirmation from the controller as to
whether personal data concerning them is being processed.
Contact: datenschutz@evalarm.de
Right to restriction of processing
Every data subject to the processing of personal data has the right to
obtain from the controller the restriction of processing if one of the
following conditions applies:
The accuracy of the personal
data is contested by the data subject for a period of time that allows the
controller to verify the accuracy of the personal data.
The processing is unlawful,
the data subject opposes the erasure of the personal data and instead requests
the restriction of the use of the personal data.
The controller no longer needs
the personal data for the purposes of the processing, but the data subject
needs it for the establishment, exercise or defence of legal claims.
The data subject has objected
to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether
the legitimate reasons of the controller outweigh those of the data subject.
Contact: datenschutz@evalarm.de
Right to data portability
Every user has
the right to receive personal data concerning him/her, which have been provided
by the data subject to a controller, in a structured, commonly used and
machine-readable format. It also has the right to transmit these data to
another controller without hindrance from the controller to whom the personal
data has been provided, provided that the processing is based on consent
pursuant to Art. 6 (1a) GDPR or Art. 9 (2a) GDPR or on a contract pursuant to
Art. 6 (1b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary
for the performance of a task carried out in the public interest or in the
exercise of official authority vested in the Controller.
Furthermore, when exercising
his or her right to data portability in accordance with Art. 20 (1) GDPR, the
data subject has the right to obtain that the personal data be transferred
directly from one controller to another controller, insofar as this is technically
feasible and provided that this does not adversely affect the rights and
freedoms of other persons.
Contact: datenschutz@evalarm.de
Right
to revoke consent under data protection law
Every person
affected by the processing of personal data has the right granted by the
European legislator to withdraw consent to the processing of personal data at
any time.
Contact: datenschutz@evalarm.de
Right to Object
Users have the right to object to the
use of their personal data at any time. That can be done directly in the App in
the menu Terms of Use. However, using the service EVALARM is not possible
without accepting the Terms of Use.
Users
also have the right to object to the use of permissions in the App at any time.
An overview of all permissions can be viewed in the App in the menu App
Permissions and in the Terms of Use. The user can object using a short cut to
the preferences of the telephone in the App menu App permissions or by deleting
the App. App features may be unavailable by objecting to the permissions.
Privacy officer
All questions regarding the use of personal data may be directed to the privacy
officer of GroupKom. In addition, users may also contact the customer's data
protection officer for further information.
Contact:
datenschutz@evalarm.de
Warranty and liability
GroupKom does not guarantee
that interactive processes will reach the user correctly and that access to the
Internet is always guaranteed. GroupKom does not ensure that the data is
exchanged at a certain transmission speed. GroupKom is not liable for
malfunctions resulting from deficiencies or interruptions of the user's
communication or user's terminal communication paths from the user to the
server or from misuse of the user name and e-mail address.
By using the service EVALARM,
you acknowledge that hard- and software requirements apply to using the service
and that permissions must be granted. Users are required to comply with these
hard- and software requirements and permission settings before using EVALARM.
The user and customer are
liable for all consequences and disadvantages that are caused towards GroupKom
through abusive or unlawful use of EVALARM. The user and customer free GroupKom
of any claims of third parties on the first demand, which third parties assert
because of infringement of rights by the user himself or because of contents
created by the user, including the appropriate prosecution and legal costs. The
user undertakes to support GroupKom in the defense of such claims.
GroupKom shall not be liable
for any direct, indirect, special losses and /or damages to the user arising
from the use of EVALARM and are related to a disruption of the communication or
power lines, breakdowns of mobile operators, effects of harmful software,
unfair acts of a third parties that aim to achieve the unauthorized access and
/ or the decommissioning of the software and / or hardware of GroupKom, as well
as in cases of force majeure. GroupKom is not obligated in such cases to reduce
the losses of users or to issue a refund.
Claims of customers and users
for damages are excluded. Excluded from this are damages claims of the user
from the injury of life, body, health, as well as liability for other damages,
which are caused by an intentional or grossly negligent breach of duty by
GroupKom, their legal representatives or vicarious agents.
Furthermore, this shall not
affect the liability for the breach of obligations, which principally enable
the fulfilment of the proper execution of EVALARM in the first place and on
which the user can trust for compliance (cardinal obligations). For the slightly
negligent violation of this contractual obligations GroupKom is only liable for
the contract-typical, foreseeable damage, unless it concerns claims for damages
of the customer and user from a violation of life, body or health. Liability
for damages to persons according to the product liability law remains
unaffected.
GroupKom expressly excludes
any further warranty, to the extent which is legally permissible.
Change of Service
GroupKom is constantly developing EVALARM.
That is why the form and type of the service can be subject to change without
notice. GroupKom expressly reserves the right to temporarily or permanently
suspend the provision of the service for individuals or all users. Users agree
to be informed of major changes to the service via e-mail.
Final Provisions / Amendments to the Terms of Use
We reserve the right to update these
Terms of Use from time to time. Users are informed of the change in a timely
manner (e.g. by e-mail, push message, message in the user / customer account,
etc.). The use of the service EVALARM depends on the currently valid version of
the usage conditions. If the service continues to be used after the change has
come into effect, the user declares his consent to the changed Terms of Use.
Applicable law
This App and the Webinterface shall
be governed by the law of the Federal Republic of Germany under the exclusion
of the United Nations Convention on Contracts for the International Sale of
Goods (CISG). This does not apply to the extent that the protection afforded by
mandatory provisions of the law of the state in which the user (consumer) is
habitually resident is withdrawn.
Severance clause
Insofar as individual provisions of
these Terms of Use are or become invalid, the validity of the remaining
provisions shall remain unaffected. In place of the ineffective regulation,
either the statutory provisions or, in the absence of such, a regulation is
applicable which the parties had legitimately taken in accordance with good
faith if they had been aware of the invalidity of the respective regulation
concerned.
The
service EVALARM is operated on behalf of the customer by the GroupKom GmbH,
Behringstraße 21-25, 12437 Berlin.
Click
here info@evalarm.de
in order to contact us.