Startup Pool – T&Cs and Privacy Policy

1. Terms and Conditions of Use of Web based Startup application form

I. Subject matter

1. Schenker AG, Kruppstrasse 4, 45128 Essen (hereinafter referred to as "DB Schenker") makes available through Startup Application Form (office.com) a free platform (hereinafter referred to as "Startup Pool"), via which DB Schenker offers easy access point, where startups can submit information about their startup activities.
2. The Terms and Conditions of Use govern your use of Startup Pool and DB Schenker’s provision of the Startup Pool.
3. Information regarding DB Schenker can be found at http://www.dbschenker.com/global.

II. Services

1. The Startup Pool is an online platform which enables the startups to contact DB Schenker and to provide DB Schenker information about their startup activities. The Startup Pool is for initial contact purpose only and is not intended for interactive collaboration.
2. It is a sole discretion of DB Schenker whether the startups will be contacted or not. DB Schenker will keep and store the submitted information for the contact and tracking of current activities purpose for the endurance of an active collaboration and exchange with the startups. When a startup profile is not updated and not contacted for 2 years after the submission of the initial information, the information will be deleted.  

III. Changes, availability, blocking

1. DB Schenker is entitled to change the Startup Pool and information on Startup Pool at any time, and to make available new content. DB Schenker shall also be entitled to cease the provision of Startup Pool, content, or any part thereof, in which event DB Schenker endeavors to take your interests into account before such cessation. However, at no time shall your use of Startup Pool be deemed an entitlement to the continued use of Startup Pool, its content and/or its Services.
2. DB Schenker accepts no liability for interruptions or other disruptions. DB Schenker endeavors to make Startup Pool available as consistently as possible. Despite all care, however, downtime cannot be excluded.
3. DB Schenker is entitled at any time to temporarily or permanently block individual users from accessing Startup Pool, without specifying grounds, but in particular where there are indications that they are violating or have violated these Terms and Conditions of Use and/or applicable law.

IV. Proprietary rights, responsibility

1. The content available on Startup Pool is subject to copyright and other proprietary rights of DB Schenker and/or the license issuers that have made available the respective content. Any reproduction of the information, content or other material made available on Startup Pool must be non-commercial in nature, and may not be modified in anyway.
2.  In particular, all signs, in particular logos, bearing the name of DB Schenker are trademarked and owned by the Deutsche Bahn Group. Under no circumstances shall the use of Startup Pool give rise to any actual or implied intellectual property rights in any such sign, nor any license to use the same. These signs may not be copied, downloaded, stored, forwarded, reproduced, used, modified or distributed in any form (except as an integral part of an authorized copy of content appearing on Startup Pool, as set out in the paragraph above) without prior written permission from the Deutsche Bahn Group.
3. The composition of the content on Startup Pool is further protected as a database or database system in the meaning of Article 4 Para. 2, and Article 87a Para. 1 of the German Copyright Act (UrhG). You are only permitted to use the content in accordance with the Terms and Conditions of Use, and within the framework specified by Startup Pool.
4. The content available on Startup Pool is supplied by DB Schenker and third parties, and is provided on an “as-is” basis. DB Schenker disclaims all warranties, whether express, implied, or otherwise, including but not limited to warranties of merchantability, quality of the content and fitness for a particular purpose. In addition, DB Schenker does not accept liability for the completeness, accuracy, legality and topicality of its own content, or of the content of third parties, provided that DB Schenker has undertaken no explicit corresponding obligation towards you within the framework of a separate contract.

V. Scope of the permitted use

1. Your right to access and use Startup Pool and the Services thereon is restricted to access and use within the framework of these Terms and Conditions of Use.
2. You are responsible for meeting the technical requirements necessary to use Startup Pool and the Services thereon in compliance with these Terms and Conditions of Use.

VI. Utilization rights to content available on Startup Pool

1. Where no more extensive use is explicitly permitted in these Terms and Conditions of Use or on Startup Pool, or is facilitated on Startup Pool by a corresponding function,
   a) you are permitted to access online and display the content available on Startup Pool exclusively for your own internal purposes;
   b) you are prohibited from editing, modifying, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing, wholly or in part, the content available on Startup Pool. It is likewise prohibited to remove or modify copyright notices, logos, and other identifying markings or proprietary right notices.
2.  You are only entitled to download and print out Startup Pool where the option to download or print is available as a function of the platform.
3. You receive a non-exclusive right of use, for your own internal purposes, to the content that you have downloaded or printed out in the permitted manner. All rights to the content otherwise remain with the original holder of those rights (DB Schenker or the respective third party).

VII. Prohibited activities

1. You are prohibited from any activities on or in connection with Startup Pool that violate applicable law or the rights of third parties. You are furthermore prohibited from distributing viruses, Trojans, and other harmful files, irrespective of any violation of law.
2. You are also prohibited from performing any action that would be capable of impairing the smooth functioning of Startup Pool, particularly by placing excessive loads on the systems.
3.  If you become aware of any illegal or abusive use of Startup Pool that violates these Terms and Conditions of Use or is otherwise unauthorized, please contact Schenker AG, Kruppstrasse 4, 45128 Essen. DB Schenker will then investigate the activities and take the appropriate actions.
4. In the event of reasonable suspicion of unlawful or criminal activities, DB Schenker will be entitled, and may also be obliged, to investigate your activities and to take legal action.

VIII. Access

1. Registration is not required for access to Startup Pool.
2. DB Schenker is entitled at any time to temporarily or permanently block you from accessing Startup Pool, irrespective of the provisions of point 2 and without specifying grounds, but in particular where there are indications that you are violating or have violated these Terms and Conditions of Use and/or applicable law.

XI. Liability limitation

1. Neither DB Schenker nor the respective DB Schenker Group Company shall be liable to you in any event for any consequential, indirect or incidental loss of any nature (including but not limited to any loss of profit, revenue, business, production, goodwill or reputation), or any special, exemplary or punitive damages, regardless of whether DB Schenker or the respective DB Schenker Group Company has any actual knowledge or notice thereof at any time. In any event, should you suffer any loss or damage as a result of using Startup Pool, DB Schenker or the respective DB Schenker Group Company shall only be liable for such loss or damage (direct or otherwise) to the extent the same is caused by its gross negligence or intent (including malice) or its breach of its essential contractual obligations. Limitations of liability for the Services shall be governed by the Terms and Conditions of Transport of the respective DB Schenker Group Company.
2. Notwithstanding the above, DB Schenker expressly excludes any liability for viruses transmitted through Startup Pool. DB Schenker will however use its reasonable efforts to ensure that no viruses are on Startup Pool.

XIII. Final provisions

1. Unless explicitly otherwise specified on Startup Pool or in these Terms and Conditions of Use, all statements made within the framework of participating in Startup Pool must be submitted in writing or by email. The email address of DB Schenker is Support.DigitalSolutions@dbschenker.com. Contact data are subject to change without notice. In the event of such a change, DB Schenker will inform you of this.
2. If any provision of these Terms and Conditions of Use is or becomes ineffective, the legal validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced with an effective provision that comes as close as possible to the intended economic effect of the parties.
3.  DB Schenker reserves the right to amend Startup Pool, these Terms and Conditions of Use, the Terms and Conditions of Transport of a DB Schenker Group company, the Legal Notice or any other DB Schenker policies and conditions without further notice to you.
4. Unless otherwise mandatorily required by applicable laws, the English version of these Terms and Conditions of Use shall prevail over any translated version of these Terms and Conditions of Use.
5. Unless otherwise agreed, the Terms and Conditions of Transport of the DB Schenker Group Company with whom this transport contract is concluded (see Section IX Clause 2) shall take precedence over these Terms and Conditions of Use in the event of any conflict between the terms and/or conditions contained therein.
6. These Terms and Conditions of Use are subject to the law of the Federal Republic of Germany, and excluding the application of the UN Convention on Contracts for the International Sales of Goods (CISG).
7. The exclusive jurisdiction for all disputes arising from these Terms and Conditions of Use shall be Essen, as the place of the registered office of DB Schenker, provided that such an agreement on jurisdiction is permitted.

2. Privacy Policy 

Who is the party responsible for data collection and processing?
Schenker AG is the party responsible for collecting and processing your data. The appointed data protection officer is Mr. Maik Goehrke. If you have any questions, suggestions and/or criticism in relation to data protection, please contact: 

Schenker AG
Maik Goehrke
Kruppstraße 4 
45128 Essen
dataprotection@dbschenker.com

When and why does Schenker startup-pool collects and process personal data?
All data collection and processing is performed for specific purposes. These may result from technical necessities, contractual requirements, or explicit customer requests. For technical reasons, certain data might be collected and stored during a visit to dbschenker.com. As for example the date and duration of the visit, the web pages used, the identification data of the browser and operating system type used, and the website from which you visit us.
To continuously improve our offerings, we save and analyze usage data from the online area on a pseudonymized basis. The legal basis for this is Article 6(1)(f) GDPR. To the extent that we request consent to process your personal data, it serves as the legal basis according to Article 6(1)(a) GDPR. For processing of personal data required to fulfill a contract with you, the contract is the legal basis according to Article 6(1)(b) GDPR. Article 6(1)(b) GDPR also applies to processing operations that are required to execute preliminary measures, for example, if you ask about our products or services. If our company is subject to legal demands that require us to process personal data, for example, to fulfill tax responsibilities, then processing is based on Article 6(1)(c) GDPR.
If you click on a link to an external page, you will move outside the pages of dbschenker.com. Schenker AG is therefore not responsible for the content, services or products offered on the linked website and also for the privacy and technical safety on the linked website.

When will your data be deleted?
Your data will be deleted as soon as they are no longer required for the purpose for which they were collected (e.g. within the framework of a contractual relationship). Your data must also be deleted if it is not permissible to store them (particularly if the data are inaccurate and correction is not possible). Where legal or practical obstacles prevent deletion, the data are blocked (e.g. special archiving obligations).
If over the period of 7 years there has not been any interaction between your company and DB Schenker Start-up Management, then your data will be deleted from our servers.
If you have any requests regarding the data (e.g. in terms of change of content/ deletion of content/…) please get in contact with startups@dbschenker.com.

Are data encrypted?
The transmission of data and emails via the internet is generally unencrypted and is therefore unprotected against third-party access. When you contact us by email, the confidentiality of the information provided cannot be guaranteed during the transmission; we therefore recommend that confidential information should be sent exclusively by letter.

What rights do users have?

• You can request information about what data is stored about you.
• You may request rectification, deletion and limitation of the processing (blocking) of your personal data as long as this is legally permissible and possible within the framework of an existing contractual relationship
• You have the right to appeal to a supervisory authority. The supervisory authority responsible for the Schenker AG is: Landesbeauftragte für den Datenschutz Nordrhein-Westfalen Kavalleriestrasse 2-4, 402013 Duesseldorf  poststelle@ldi.nrw.de
• You have the right to transfer the data that you have provided us on the basis of a consent or a contract (data portability).
• If you have given us consent for data processing, you can revoke it at any time in the same way that you have granted it. The revocation of the consent does not affect the legality of the processing due to the consent until the revocation.
• To exercise your rights, send an email to: dataprotection@dbschenker.com

Are data disclosed to third parties?
For the execution of the contract, the activation of instructions-dependent processors is usually a must, such as data center operators, printing or shipping service providers or other parties involved in the performance of the contract.

External service providers, who process data for us, are carefully selected by us and are strictly contractually obligated. The service providers work according to our instructions, which is ensured by strict contractual regulations, by technical and organizational measures and by supplementary controls.

Furthermore, your data will only be transmitted if you have given us your express consent or because of a legal regulation.

Transmission to third countries outside the EU/EEA or to an international organization shall not take place unless there are adequate guarantees. These include the EU standard contractual clauses and an adequacy decision of the European Commission.