Software & Service Terms
Usage Terms & Privacy
All rights reserved. Text, images, graphics, sound, animations, and videos, as well as the arrangement of the same on tocario websites, are protected by copyright and other commercial protective rights. The content of these websites may not be copied, disseminated, altered or made accessible to third parties for commercial purposes. In addition, some tocario websites contain images that are subject to third-party copyrights.
Unless specified otherwise, all trademarks on tocario websites are protected by trademark law. This applies in particular to tocario brands, company logos, and emblems. The brands and design elements used on our pages are the intellectual property of tocario GmbH, Germany.
This website was compiled with utmost care. Nonetheless, the accuracy or correctness of the information contained cannot be guaranteed. Any liability for damage resulting directly or indirectly from use of this website is precluded, unless caused intentionally or in gross negligence by tocario.
The intellectual property contained in the tocario website such as patents, marks, and copyrights, is protected. This website does not grant a license for utilizing the intellectual property of the tocario or third parties.
WHAT INFORMATION DOES TOCARIO COLLECT*?
INFORMATION YOU PROVIDE TO US:
We receive and store any information you knowingly provide to us. For example, through the “Contact” process, we may collect Personal Information such as your name, phone number, and email address. Certain information may be required to sign up for the “Contact” feature or to take advantage of other features.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about tocario products and services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by clicking the “Unsubscribe” link in those communications and following the instructions.
INFORMATION COLLECTED AUTOMATICALLY
We may use it to improve the Website — for example, this data can tell us how often users use a particular feature of the Website, and we can use that knowledge to make the Website interesting to as many users as possible.
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
WHAT RIGHTS DO YOU HAVE REGARDING YOUR DATA?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
GENERAL INFORMATION AND MANDATORY INFORMATION
REVOCATION OF YOUR CONSENT TO THE PROCESSING OF YOUR DATA
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
RIGHT TO FILE COMPLAINTS WITH REGULATORY AUTHORITIES
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered.
RIGHT TO DATA PORTABILITY
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL OR TLS ENCRYPTION
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar. If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
INFORMATION, BLOCKING, DELETION
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
OPPOSITION TO PROMOTIONAL EMAILS
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
WILL TOCARIO SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES*?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with third parties as described in this section:
INFORMATION THAT’S NO LONGER PERSONALLY IDENTIFIABLE.
We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Website, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate information to a partner in a manner that would identify you personally, as an individual.
In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the tocario products or services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred or subject to routine due diligence activities. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
PROTECTION OF TOCARIO AND OTHERS:
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
You can always opt not to disclose information to us, but keep in mind some information may be needed to request contact with us or to take advantage of some of the Website’s features.
DATA COLLECTION ON OUR WEBSITE
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
SERVER LOG FILES
The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract, or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
SHARE CONTENT VIA PLUGINS (FACEBOOK, LINKEDIN, TWITTER, ETC.)
The content on our pages can be shared on other social networks like Facebook, Twitter, or LinkedIn.
FACEBOOK PLUGINS (LIKE & SHARE BUTTONS)
Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.
If you do not want Facebook to associate your visit to our site with your Facebook account, please log out of your Facebook account.
Your privacy preferences with Twitter can be modified in your account settings at https://twitter.com/account/settings.
Our site uses functions from the LinkedIn network. The service is provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
Each time one of our pages containing LinkedIn features is accessed, your browser establishes a direct connection to the LinkedIn servers. LinkedIn is informed that you have visited our web pages from your IP address. If you use the LinkedIn “Recommend” button and are logged into your LinkedIn account, it is possible for LinkedIn to associate your visit to our website to your user account. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by LinkedIn.
ANALYTICS AND ADVERTISING
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
You can prevent these cookies from being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
OBJECTING TO THE COLLECTION OF DATA
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
DEMOGRAPHIC DATA COLLECTION BY GOOGLE ANALYTICS
This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Refusal of data collection”.
PLUGINS AND TOOLS
GOOGLE WEB FONTS
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose, your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.
WHAT IF I HAVE QUESTIONS ABOUT THIS POLICY?
If you have any questions or concerns regarding our privacy policies, please send a detailed message to our data protection officer and we will try to resolve your concerns.
Our data protection officer is:
Mr. Christian Volkmer
Projekt 29 GmbH & Co. KG
Use of tocario trueDaaS, or any other of tocario’s commercial products or services offered on the Website, are subject to a separate written agreement between you and tocario.
The http://tocario.com and http://tocar.io websites and domain name and all other websites and domain names affiliated with tocario, and any other linked pages, features, or content offered from time to time by tocario in connection therewith (collectively, the “Website”) are owned and operated by tocario.
tocario may change, suspend or discontinue the Website at any time, including the availability of any feature or content. tocario may also impose limits on certain features and content or restrict your access to parts or all of the Website without notice or liability.
tocario reserves the right, in its sole discretion, to modify these Terms at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Website following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.
tocario does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Website or to be contacted by our team. If you are under 18, please do not attempt to sign up to be contacted by us or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to tocario. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us mail[@]tocario.com.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Website and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Website in a manner that complies with all laws that apply to you. If your use of the Website is prohibited by applicable laws, then you aren’t authorized to use the Website. We can’t and won’t be responsible for your use of the Website in a way that breaks the law. These Terms are void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
The Website and its contents are intended solely for the personal use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website that are created and/or provided by tocario (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices and obligations, trademark rules, information, and restrictions contained in or implied by any Content accessed through the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant to European copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, or materials in whole or in part.
You may download or copy the Content (and other items displayed on the Website for download) for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from tocario or from the copyright holder identified in such Content’s copyright notice.
Under no circumstances will tocario be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Website.
You warrant, represent and agree that you will not use the Website or any tocario products in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without tocario’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of tocario; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. tocario reserves the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You, not tocario, remain solely responsible for any submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possess all rights necessary to provide such content to tocario and to grant tocario the rights to use such information in connection with the Website and tocario’s products or services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Website. The use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Website or any tocario product. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Website.
tocario has no special relationship with or fiduciary duty to you. You acknowledge that tocario has no control over, and no duty to take any action regarding: which users gain access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release tocario from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. tocario makes no representations concerning any content contained in or accessed through the Website, and tocario will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOCARIO OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USE OF THE WEBSITE OR ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold tocario, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Website , use of any software, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL TOCARIO OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR \$100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TOCARIO’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD PARTY WEBSITES.
The Website may contain links to third party websites that are not owned or controlled by tocario. When you access third-party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Website and that you will act in accordance with those policies, in addition to your obligations under these Terms. tocario has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, tocario will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Website, you expressly relieve and hold harmless tocario from any and all liability arising from your use of any third party website.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website at any time. tocario may also terminate or suspend any and all Website and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement, or without reason. Any fees paid hereunder are nonrefundable. Upon termination of your account, your right to access the Website and any Content will immediately cease. All provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. tocario shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond tocario’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable OR transferable by you except with tocario’s prior written consent. tocario may transfer, assign or delegate these Terms and its rights and obligations without consent. These Terms shall be governed by and construed in accordance with the laws of Germany without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Stuttgart, Germany, using the English or German language, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the German Federal Courts located in Baden-Württemberg. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind tocario in any respect whatsoever.
If you have any questions, complaints, or claims with respect to the Website, you may contact us at mail[@]tocario.com
GDPR COMPLIANCE (May 2018)
The EU’s General Data Protection Regulations (GDPR) take effect on May 25, and we fully support the spirit of these regulations for a safe and secure Internet. We aspire to embrace privacy by design and, whenever possible, to not collect and store personally identifiable information.
Overall, we aim for privacy by default: if data collection is not integral to the relationship we have with you, then we won’t collect it. This approach has been embraced by tocario from the beginning and is very much in line with the spirit of GDPR. As such, you may see a few banners or forms requesting consent for us to collect personally identifiable information for tracking or other purposes. We don’t deem this information necessary to provide tocario’s software to you, and we choose not to engage in activities and strategies that make this data relevant.
At any time, you may request your information to be exported and sent to you for review, and we promptly honor any requests by you to have your information deleted and forgotten.
Here is our compliance map for GDPR:
We are auditing all areas of tocario’s websites and services to determine what personal data we collect and for what purpose. In a case where collecting personal data is not essential, we are removing that collection process.
We’re working with a Privacy consultant to ensure that our policy is legally correct and contains the proper language, that it’s easy to understand, and that it communicates clearly any instances of personal data collection.
We added a cookie notice to all pages and blogs in order to comply with the E-Privacy Directive. We do not collect personally identifiable information with our cookies, but we do want to acknowledge the use of cookie technology on our website.
A user has the right to request that we delete all of their personal data. Users who wish to inquire about the right to be forgotten will be able to reach out to us at any time.
ACCESS / PORTABILITY
A user can request access to a copy of the personal data that we have collected. Users who wish to request portability can reach out to us at any time.
DATA PROTECTION & PROCESSING AGREEMENT
We already have created a legal agreement that users and external parties can receive from us, promising the protection all personally identifiable information that we collect and store. With this agreement, you will receive our data processing policy.
Here is the list: