ACCEPTABLE USER POLICY
In the course of use of the Infonova Portal by BearingPoint, the following personal information is collected, stored and used with regard to the business justification of the respective system: Client´s Employee First name, Client´s Employee last name, Client´s Employee e-mail, Client´s device identification information. If you do not accept this processment of personal information, you are not eligible to access the services. Any personal information will be deleted at least 2 years after termination of Client’s contractual relationship. Nevertheless you may request the deletion of your personal information at any time.
In any case of request on Data Protection issues, please contact the BearingPoint data protection team at Fax nummer +49 (30) 8800 41040. For data protection request with no confidentiality implied you can also contact us via the following email: email@example.com
For general requests you may also use the digital contact form below.
The Terms will be subject to changes from time to time. BearingPoint informs in written or electronical form about any changes of the terms. Any changes shall be deemed as accepted, if no objection is raised against them by written notice within six weeks after the information of the changes has been received.
Infonova Portal, Access and Availability
Access to the Infonova Portal is by invitation of BearingPoint only. The access data provided, such as user name and password, shall be kept secret and treated as confidential information and shall be protected by Client.
Client acknowledges and agrees that, in addition to Client’s invited employee(s) (i) employees from BearingPoint and its affiliated companies (ii) as well as employee(s) from other companies may also access and process the data uploaded to the Infonova Portal.
Only one person may use a user account; sharing of user accounts between two or more people is not allowed. User shall immediately notify BearingPoint if such data is lost or comes to the notice of third parties. In case of breach BearingPoint may revoke access data.
After termination of Client’s contractual relationship access data will be revoked by BearingPoint.
BearingPoint does not guarantee any availability or uninterrupted use of the Infonova Portal and is not obliged to provide further services. BearingPoint may also cease the Infonova Portal at any time.
The portal is provided to offer browsable and downloadable documentation, access to repositories for example code and configuration data and news/updates. It also provides a community Q&A section (Wiki), where questions can be asked and can be commented by the Client’s employees as well as employees from BearingPoint.
The Services may be subject to changes from time to time through BearingPoint. BearingPoint may also cease the Services at any time.
“Confidential Information” means all documents, software and documentation, reports, financial or other data, records, forms, tools, products, services, methodologies, present and future research, technical knowledge, marketing plans, trade secrets, and other materials and information BearingPoint provides to Client via the Infonova Portal, whether tangible or intangible and whether or not stored, compiled, or memorialized physically, electronically, graphically, in writing or by any means now known or later invented. Confidential Information includes, without limitation, records and information: (i) that has been marked as proprietary or confidential; (ii) whose confidential nature has been made known; or (iii) that due to its character and nature, a rational person under like circumstances would treat as confidential. Notwithstanding the foregoing, Confidential Information does not include information which is or becomes publicly known through no wrongful act or failure of Client.
Client agrees to protect the Confidential Information at all times and in the same manner as Client protects the confidentiality of its own proprietary and confidential materials, but in no event with less than an adequate standard of care. The same applies to Client’s employees who access the Infonova Portal.
Client shall, except with respect to those employees of its affiliates, agents or subcontractors with a need to know, use or disclose to any person, firm or entity any Confidential Information without BearingPoint’s prior written consent. Notwithstanding the foregoing, Confidential Information may be disclosed to the extent required by law.
Client is aware that each access to the Infonova Portal is documented in log files and that BearingPoint can view and save said log files.
Client is responsible for the Client’s data and entering it into the Infonova Portal. BearingPoint (including its affiliates and subcontractors) shall have the right to process Client’s data solely to provide and support the Services.
Client warrants that it is entitled to upload the data concerned to the Space.
Client acknowledges that BearingPoint operates the Infonova Portal and may use third party software and that information is thus transmitted to a third party, solely to support the Services.
Representation and Warranties
BearingPoint does not warrant that the operation of the Services and the information provided through these Services shall be error or bug free. BearingPoint is not responsible for any losses, damages, manipulations or any transfer of documents through a third party, which is beyond its responsibilities.
BearingPoint disclaims all warranties, conditions, representations, indemnities and guarantees, arising by law, custom, or prior oral or written statements or otherwise, including but not limited to any warranty of fitness for a particular purpose, merchantability, title and non-infringement, with respect to the Infonova Portal or its Services.
Client shall keep access data to the Infonova Portal secret and treat it as confidential. Further, User shall treat all Confidential Information provided via the Infonova Portal as confidential.
Client are not allowed to store or transmit any computer virus (e.g. any computer program code, Trojan horse, authorization key, license control unity or software lock, which is intended to, is likely to, or may (a) impair the operation of the Infonova Portal or the Services or any of BearingPoint´s other software or computer systems and/or (b) cause loss of, or corruption or damage to, any software or data held on the Infonova Portal, any Services or any BearingPoint´s other software or computer systems).
Client are not allowed to embed the Infonova Portal in other online services, whether they be internal to User or public internet services. They shall not alter, modify, adapt, translate, decompile, disassemble, decrypt, extract or otherwise reverse engineer the Infonova Portal. Client will not attempt to gain direct or indirect unauthorized access to the Infonova Portal in any way beyond the described Services or otherwise.
BearingPoint may upload preexisting intellectual property, inclusive but not limited like concepts, drafts, documents, trademarks, trade secrets, know how, processes, techniques, software, methologies, templates, flowcharts, drawings, knowledge or data, software documentations etc. in the Space. BearingPoint remains all the rights, title and all the interests on its own intellectual property, as well as on internal documents and all the derivates thereof.
Liability for Services
BearingPoint shall only be liable for damages resulting from gross negligence or intentional misconduct, or resulting in physical injury or death.
In no event shall the liability of BearingPoint under this Terms exceed an aggregate amount of EUR 10.000,- except for intentional misconduct in case of physical injury or death caused by BearingPoint.
BearingPoint shall not be liable for any loss of profit, forfeited savings, damages to property, interest loss, lost data, follow-up damages from defects, immaterial damages and other consequential and indirect damages.
Governing Law and Severability Clause
This Agreement shall be governed by Austrian law under exclusion of its rules on conflict of laws. The United Nations Convention on the International Sales of Goods shall not apply.
If any parts of this Terms are or become invalid, or if there is any omission in the Terms’ provisions, this shall not affect the validity of the remaining contractual terms. In any such event, the invalid provisions shall be substituted by clauses the business purpose of which reflects the invalid provisions as nearly as possible. The same shall apply in the event of any omission.