WABCO Terms of Use and WABCO Privacy Statement

  1. WABCO Terms of Use
  1. Service Description
  2. User's Rights and Obligations
  3. Rights and Obligations of WABCO
  4. License; Intellectual Property
  5. Defects; Liability
  6. Final Provisions
  1. WABCO Privacy Statement
  1. Data Controller
  2. The Data We Collect and How We Process Your Data
  3. Your Rights
  1. WABCO Terms of Use
  2. By using WABCO App (hereinafter referred to as "App" and clicking on the "I agree" Button, you (also referred to as "User") enter into a binding Agreement with

    WABCO Vertriebs GmbH & Co. KG
    Am Lindener Hafen 21
    30453 Hanover
    Germany
    phone.: +49 (0) 511 / 9220

    info.de@wabco-auto.com

    ("WABCO", "we" or "us"), subject to the following Terms of Use ("WABCO Terms of Use"):

  1. Service Description
  2. WABCO App is an innovative application that is free of charge and currently features four main ("Services"):

    WABCO provides the Services specified above in accordance with their current availability and will use commercially reasonable efforts to provide the Services without undue disruption or interruption.

    While WABCO will endeavor to always provide you with the latest information, the App may not always show the latest and most current information, depending on your online status. Any information provided in the App is non-binding and provided exclusively for information purposes.

  3. User's Rights and Obligations
    1. Use of the App is only permitted if the User has accepted these Terms of Use by clicking the "I agree" button.

    2. 2. You may not use the App in a way that is not permitted under the "Google Play Terms of Service"

    3. By using WABCO App's Google Maps Implementation, you agree to be bound by the Google Maps Terms of Use.

    4. While driving, especially in public traffic, you may only use this App on mobile devices in conjunction with a hands-free system. You must ensure that your mobile device is sufficiently secured and that it is mounted in a way which does not obstruct the driver's view and controls. It is your obligation to comply with local traffic laws.

    5. You may only use the App with the intended features and functionalities and in a way that is compliant with the WABCO Terms of Use.

    6. The App is free of charge. WABCO reserves the right to charge the User for certain functionalities or features within the App. In this case, the User will be notified by WABCO about the accruing costs prior to the use of such functionality or feature.

  4. Rights and Obligations of WABCO
    1. If WABCO becomes aware of a violation of the WABCO Terms of Use by the User, WABCO has the right to extraordinary termination of this Agreement and may exclude the User from using the App after a warning notice period of two weeks.

    2. WABCO may, upon timely prior notice to the User, provide and install updates that introduce new features, improve the efficiency, safety and reliability of the App or of any product or device used to access the Service to the extent that can reasonably be expected by the User, including updates and enhancements to previously installed versions of the App (including entirely new versions).

  5. License; Intellectual Property
    1. Upon installation of the App, the User acquires a personal, non-exclusive, royalty-free, non-transferable, revocable right not limited in time and place to the extent that is necessary for the use (loading and running) of the App and the contents made available through it in accordance with its intended purpose and the WABCO Terms of Use. The license is limited to the use of WABCO App on a mobile device that the User owns or controls and to the Usage Rules set forth in the Apple App Store Terms of Service.

    2. In case of your violation of the WABCO Terms of Use, your rights under this license will terminate according to section III. no. 1.

    3. All intellectual and industrial property rights will remain exclusively with WABCO and/or its subsidiaries.

    4. Without prior written consent of WABCO, the User is not authorized to exploit (including, but not limited to reproduction right, right of making available to the public and / or distribution right) any of the works such as texts, pictures, graphs, animations, sounds and other materials etc. included in the App.

    5. In the event of any third party claim stating that WABCO App or the User's possession and use infringes that third party's intellectual property rights, Apple will not be responsible for investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  6. Defects; Liability
    1. WABCO cannot be held liable for legal or material defects, with the exception of their fraudulent concealment.

    2. Liability for compensation of damages in connection with use of the App and its contents are excluded to the extent permitted by law. This does not affect damage compensation claims on grounds of injury to life, body or health as well as liability for other damage incurred by a willful or gross negligent breach of duty by WABCO, its legal representatives or vicarious agents. In case of a breach of substantial contractual duties WABCO will only be liable for direct, foreseeable damages which are typical for the contract if it was caused by simple negligence. Substantial contractual duties shall mean duties that must necessarily be fulfilled to attain the purpose of a contract. The liability restrictions also apply in favor of the legal representatives and vicarious agents of WABCO where claims are made directly against them. The provisions of the Product Liability Act (ProdHaftG) will remain unaffected.

  7. Final Provisions
    1. This Agreement will be governed by and construed in accordance with the laws of Germany, without reference to any rules on conflict of laws that might lead to the application of the laws of any other jurisdiction, and excluding the UN Sales Convention (CISG). Where the User is a consumer, the choice of law only applies to the extent that there is no restriction with regard to mandatory rules of the country where the consumer is domiciled or habitually resident.

    2. Where the User is a merchant, legal person under public law, or special asset (Sondervermögen) under public law, all claims arising out of this Agreement are subject to the jurisdiction of the Courts of Hannover, Germany, unless exclusive jurisdiction applies.

    3. Verbal collateral agreements do not exist. For purposes of keeping proof, any changes or amendments to WABCO Terms of Use, including this clause, are to be made in writing.

  1. Privacy Statement
  2. WABCO respects your right to privacy. In this section, we would like to inform you about the data that we collect, what we do with it, why we do it and what are your rights to the data you provide us with.

  1. Data Controller
  2. The data controller for all personal data that is collected, processed or used in this App is WABCO Fahrzeugsysteme GmbH, Am Lindener Hafen 21, 30453 Hanover, Germany, phone.: +49 (0) 511 / 9220, info.de@wabco-auto.com.

  3. The Data We Collect and How We Process Your Data
  4. WABCO App processes the following data:

    1. Geolocation data
    2. WABCO App will only access your current GPS data (coordinates) in order to determine your current location if you enable your GPS receiver on your mobile device prior to your notification and consent.

      WABCO needs this information for location based services in order to specify your location and provide you with information on the nearest local WABCO Service Partner. We also use this information for WABCO News in order to provide you with relevant news from WABCO according to your current location information. WABCO App will not track the User's location by collecting different locations over a period of time.

    3. Anonymous Data Collected by Flurry Analytics
    4. WABCO App uses Flurry Analytics (Flurry Inc., 360 3rd St. Ste. 750, San Francisco, CA 94107) to analyze your use of the WABCO App (i.e. sessions per day), to learn which Users interact with our App and how we can improve it.

      Flurry collects data with its software "agent" that is embedded in WABCO App. The data collected may include: agent version, platform, SDK version, timestamp, API key (identifier for application), application version, device identifier, iOS Identifier for Advertising, iOS Identifier for Vendors, Media Access Control (MAC) address, International Mobile Equipment Identity (IMEI), Model, manufacture and OS version of device, session start/stop time, device uptime, locale (specific location where a given language is spoken), mobile network code/mobile country code, time zone, network status (WiFi, etc.), memory, disk, CPU and battery usage information. Flurry Analytics hashes iOS device identifiers, MAC address and IMEI, thus transforming the identifiers into a new value or key representing the original identifier (Flurry ID) that hides information present in the identifiers.

      Nonetheless, Flurry only provides anonymous data to us about how users use WABCO App as well as how WABCO App is performing across different mobile devices. You can find the Flurry Privacy Policy here. You can opt out here of Flurry Analytics tracking by completing the opt-out form of Flurry Analytics.

    5. Social Buttons
    6. WABCO App features Social Buttons that contain links to the social networks Facebook, Twitter and YouTube. While no data is collected by the WABCO App buttons, the referred websites may collect and process your data. To learn more, please refer to the Privacy Policies of Facebook, Twitter and YouTube.

    7. Third Parties
    8. WABCO does not disclose your data to third parties.

      WABCO does not process any data other than listed above and we do not process your data for any purposes other than specified in this Privacy Statement.

  5. Your Rights
  6. You have the right to receive free information upon request on any of your personal data processed by WABCO. In addition, you have the right to rectification, blocking and erasure of your data (where applicable). You may withdraw your consent to our processing and use of your data at any time without additional cost. For all data protection queries, please contact mobile@wabco-auto.com.