Licence Agreement (EULA)
Welcome to REOS
Dear User, you are herewith invited to use the information and services (hereinafter referred to as "services") provided by REOS GmbH, Brandshofer Deich 68, 20539 Hamburg, Federal Republic of Germany (hereinafter referred to as "REOS").
1. The REOS System
REOS allows the user to use the REOS System. The REOS system is a comprehensive home management software that aims to optimize all processes both in the life cycle of a property, as well as in the life cycle of a rental agreement through digitization. It gives all involved parties opportunities to benefit from time and cost savings as well as efficiency gains.
The "REOS system" offers on the one hand (i) a central software solution, which is designed as a platform and managed, read and controlled via role-specific frontends for different user types and (ii) (as implemented by the respective homeowner) the various hardware with embedded software, including intelligent metering for all types of consumption, digital doorbell panels, digital parcel stations, digital doors, etc. (hereafter "REOS hardware"). Finally, the functions and applications of the REOS system are delivered according to the product description, which is made available on REOS GmbH website under the URL www.reos-software.com. The software is web-based, so it remains on the REOS GmbH servers and is available to customers and users. |The license terms relating to a specific application of the REOS hardware depends on whether the respective homeowner / landlord has selected and implemented the appropriate components of the REOS hardware.
2. Parties, subject matter and validity
This EULA constitutes a contract between you and REOS. It gives you specific rights and responsibilities for the use of the Services. You will also find, explained in detail, below the rights and obligations of REOS.
3. User Content Rights
You control the rights to your data.
The copyright and all other rights related to your personal data, information, texts, software, audio files, photos, graphics, videos or other material (collectively referred to as "data") that you already owned before posting, publishing or input onto our platform remain with you.
You grant REOS certain rights to your data
REOS needs your approval to have specific rights to your data to allow the processing, maintenance, storage, duplication, backup and related processing of your data (collectively referred to as "processing") and these do not violate applicable copyright and other legal requirements relating to your data.
By agreeing to this EULA, you are granting REOS a royalty-free, irrevocable, worldwide permission to host and process data provided by you/collected through our platform and/or through software and hardware attached to the REOS system. Your REOS license also applies to data transmitted to our platform via a third party/partner service. You are authorizing REOS in particular:
· To share, process and forward your data to you and to the persons, organizations or groups authorized by you,
· To amend your data for technical purposes (for example to ensure that the content can be viewed on smartphones and computers),
· To collect and process all information relating to your amenities consumption (through smart metering) within the respective building (such as for example; electricity, water, hot water, heating, gas, etc.) and have them collected and processed by third parties,
· To process the collected amenities consumption data for the purpose of billing of utility services, or utility bill accounts which in turn allow for a more efficient building management process (specifically relevant for building management, building owners, suppliers and media content providers)
· To analyze, summarize and evaluate your data for the purpose of further development and improvement of the platform and the app.
You also agree that REOS may, at its sole discretion, not accept, post, store, display, publish, transmit or subsequently delete any of the information/data.
You also may grant REOS partners certain rights to your data.
What data is collected, processed and used?
Personal data, according to Article 4 Nr. 1 of the GDPR, relates to individual details about personal or factual circumstances of a specific or identifiable person, such as name and date of birth. The following is the personal data that REOS collects and edits:
1. Data provided by you when registering or activating additional services (inventory data), such as
· First and Last Name,
· e-mail address where we can reach you
· Password for later access to the services (if necessary other Authentication information such as username, profile picture, birthday, country, home address, mobile phone number or other).
· Credit information
2. Data we collect through your use of REOS services (usage data), such as
· data about your computer or mobile device (operating system, hardware model),
· log data (IP address, system activity, browser properties),
· location data,
· Cookies, for REOS functions you use,
· Information from web analytics tools.
· additional information from WLAN devices and WLAN access / subscriptions
· Consumption data
· Door openings / closures of the private apartment, other doors
3. Data that you provide voluntarily when using the services (content data). For example, content data may include data about objects and services you use and you want to use, and the related information you provide to your account. Contact, group and sharing settings, personal data such as text, publications, photos, etc., that are posted in your personal area, such as messages, comments, etc., made available to you by other services.
4. Data collected in the course of your use of an apartment / house / or rental space in the course of a proper execution of the lease agreement, such as in the context of proper property management (tenant data).
5. Data collected via the REOS hardware, insofar as the respective homeowner / landlord has decided to use and implement such components (hardware data).
Why do we collection, process or use your data?
We use your inventory data exclusively to maintain your use of the services, to manage your account, if necessary to carry out billing and to contact you as far as permitted and necessary. We use your e-mail address to keep you informed about your account status and to keep you up to date with changes and enhancements to the services and offering of REOS and to deliver notifications from the platform, unless you have opted out of receiving such information.
The usage data we collect as part of your use of our Services and platform will allow us to gain insights into how our products and services are used and will also allow us to maintain, protect and improve our services and offerings. In addition, we also use the data to protect REOS, its users and to provide you with fully tailored content. For example, we can show you matching services or locally relevant information.
Content data that you provide about yourself, your personal interests, and other personal relationships will be shared with REOS as the technical operator. REOS makes the content you create in the designated places technically available to the users you share with us. The use of the content data is defined solely by you - if and what data you specify and which user group you make this content visible to. REOS only protects this data technically. Therefore, be cautious about what personal information about you provide and protect yourself by managing your data. We reserve the right to match your published content data with the published content data of other users in order to facilitate the networking of data and people relating to services, to provide you with interesting suggestions and to facilitate the search for relevant offers and contributions.
Tenant data that relates to the management and implementation of your rental contract is provided by REOS (on your behalf) to the connected homeowners / landlords and property managers in order to improve efficiency and to optimize existing property management processes. With the collection and processing of tenant data, REOS enables better communication between tenant, landlord and property management. The relevant data collection and processing allows for a smooth settlement of the tenancy.
The data collected from hardware use will enable the property management companies to recognize and read all (utility) consumptions in a connected property. This means the normal meter reading service is be replaced and the property manager can easily provide the utility bill. At the same time, the data collected will also be made available to the user in question so the costs of traditional building management are more transparent and to this will also allow the user to have more control over level of consumption and adjust utility usage accordingly. Any data for hardware usage, which is not directly related to the increase in efficiency of traditional property management, is only collected anonymously.
Data storage and processing
REOS may store and process your data in various countries worldwide and / or process your data on a server abroad, as permitted by applicable privacy laws or permitted by you.
As long as REOS has user permission to process personal data, it will do so under Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR).
The processing of personal data relating to a contract with the user will be done according to Art. 6 para. 1 lit. b of the GDPR. This also applies to processing any data as required for pre-contractual measures.
All processing of data required to fulfill a legal obligation by REOS will be done so under Art. 6 para. 1 lit. c GDPR as a legal basis.
After completion/termination of the contract, your data will be blocked and deleted after the expiry of relevant tax and commercial retention periods or if no other national or EU laws and regulations stipulate, unless you have specifically consented to the use of data beyond that period.
Under what conditions will personal data be disclosed?
Any personal information or data you provide will only be disclosed under the following conditions:
-By law, to protect the property rights or personal safety of REOS, our users and other third parties. Data will also be released following any court orders or other legal actions and if it is required in connection with the sale or restructuring of our business and is permissible or permitted under applicable law.
We undertake all precautions to protect REOS and the users of the Services from unauthorised access to the data we store, or from changing, sharing or deleting it. To achieve this goal, we use a variety of technical and organizational security measures as outlined here: https://reos-software.com
Links to other websites
The websites of REOS may contain links to websites and offers from non REOS affiliated providers. As soon as you click on such a link, REOS will no longer have any influence on the processing of any personal information transmitted with the click of a third party, as the actions of non affiliated third parties is beyond REOS control. Such processing of personal data by third parties is therefore not the responsibility of REOS.
Revocation, information and deletion of your data
If personal data is processed by you, you do so under ther i.S.d. DSGVO and you have the following rights towards REOS (referred to in the following as "Responsible"):
A. Legal Rights
You have the right to ask the person in charge to confirm if your personal data is processed by us. If such processing is available, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or the categories of recipients to whom the personal data relating to you have been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the right to rectify or delete personal data concerning yourself, a right to restrict the processing of this data by the controller or a right to object to such processing;
(6) the right to appeal to a supervisory authority
(7) all available information on the source of the data if the personal data is not collected from the data subject/yourself
(8) the existence of automated decision-making including profiling under Article 22 paragraph 1 and 4 of GDPR including, in some cases, the gathering of important information about the logic involved and the scope/intended impact of processing this personal data. You have the right to request information about whether the personal data relating to you are transferred to a third country or an international organization. In this regard, you can request the appropriate warranties in accordance with. Art. 46 GDPR to be informed in connection with the transfer
B. Amendment Rights
You have a right to ask to rectify or amend if the processed personal information held by the person in charge is incorrect or incomplete. The person in charge must make the correction without delay.
C. Right to restrict processing
You may request to restrict the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a defined period of time to enable the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data
(3) the controller no longer needs the personal data for the purposes of processing, but you need it for the purposes of asserting, exercising or defending legal claims; or
(4) if you have filed an objection to the data processing according o Art. 21 paragraph 1 GDPR and it is not been established whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another person or for reasons of important public interest.
If the personal data processing (as detailed above) as been restricted, then you will be informed by the person in charge before the restriction is lifted.
D. Right to delete
Obligation to delete
You may request the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) The personal data concerning you is no longer necessary for the purposes for which they were collected or otherwise processed.
(2) you revoke your consent to processing your personal data according to Article 6 paragraph 1 lit. a or Article 9 paragraph. 2 lit. a of GDPR and there is no other legal basis for the processing
(3) According to Article. 21 paragraph. 1 GDPR, you object to data processing and there are no prior justifiable reasons for the data processing, or you object to data processing according to Article 21 paragraph 2 of GDPR.
(4) The unlawful processing of your personal data.
(5) The deletion of your personal data is required to fulfill a national legal obligation by controller.
(5) The personal data concerning you has been collected according to Article 8 (1) of GDPR.
E. Information to Third Party
If the person in charge has made the personal data relating to you public in accordance to Article 17 (1) of GDPR, he/she shall take appropriate measures, including technical measures, to inform the data controllers (who process the personal data) that you (as the affected party) have requested to delete all links to such personal data or that you have requested copies of such personal data.
The right to delete data will not be enforceable if the processing of the data is necessary:
(1) to exercise the right to freedom of speech and information;
(2) to fulfill a national legal obligation to which the controller is subject, or to carry out a task which is in the public interest or according to an official authority;
(3) to comply with public interest in the area of public health according to Article. 9 (2) lit. h and i and Article. 9 (3) of GDPR.
(4) to archive for the purpose of public interest, scientific or historical research requirements or for statistical purposes according to Article 89 (1) of GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the results of the data processing, or
(5) to assert, exercise or defend legal claims
F. The right to Information
If you have exercised the right to correct, delete or limit the processing of your data with the controller. The controller is obliged to notify all recipients to whom the personal data relating to you have been disclosed, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
G. Right to data portability
You have the right to access your personal information you provide to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) consent to the data processing has been given according to Art. 6 para. 1 lit. a GDPR or Article. 9 para. 2 lit. GDPR or based on a contract according to Art. 6 para. 1 lit. b GDPR and
(2) the processing is done by automated means. In exercising this right, you also have the right to obtain that your personal data is transmitted directly from one responsible person to another responsible person, as far as this is technically feasible. Freedom and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or to exercise any relevant official authority delegated to the controller.
H. Right to object
You have the right to object at any time, should any reason arise due to your particular situation, to prevent the processing of your personal data, which, according to Art. 6 para. 1 lit. e or f GDPR.
The controller will no longer process your personal data unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims.
If your personal data is processed for the purpose of direct marketing, you have the right to object that your personal data be processed of advertising purposes.
If you object to the processing for the purpose of direct marketing, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC guidelines, you have the option, in the context of the use of data information services, of exercising your right to opt-out by means of automated procedures that use technical specifications.
I. Right to revoke the consent of the data protection declaration
You have the right to revoke your privacy statement at any time. Revoking consent does not affect the legality of the data processing carried out on the basis of the consent the time of revoking said concept.
J. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial guidelines, you have the right to complain to a supervisory authority, (in particular the region your reside, work or you believe the infringement has taken place), if you believe that the processing of personal data concerning you is violates GDPR guidelines.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of any legal correction pursuant to Article 78 of GDPR.
5. Use of services
Your services user rights
There is no entitlement to registration, membership and use of the services. REOS is free to reject a registration, expel a member or prohibit its use. In the event of a successful account opening you will receive a personal, revocable, non-exclusive, non-transferable license to use the services of REOS for your own personal needs.
The use of the services for commercial purposes is not permitted unless you have obtained the express permission from REOS. The intellectual property rights existing in the services remain with REOS or the respective partners.
Account creation / registration
To use the services, you need to register and REOS will create an account for you. To do this, you provide your full name (first name and last name) as a username and a valid email address or you sign up via a service like Facebook or Google+. Fictitious usernames are not allowed. We suggest a password and recommend that you change it immediately and use an individual and non-obvious password that you are not already using for other services. You are responsible for all activities that occur within your account. If you discover or suspect unauthorized use of your account information, you should immediately change your password and immediately notify our support team.
Services / module apps that are only accessible to restricted user groups
REOS can immediately give you the opportunity to use services / module apps that are only accessible to a limited group of users when registering or later. For example, it may be that only residents of a particular property can use the associated services / module apps. Or it may be that the services / module apps are only available to employees of a particular company. If this is the case, then you will need to be unlocked once by the person responsible - for example, by the property management or HR department - for these services / module apps before you can use them. With such services you lose your access rights when moving out of the property, or when leaving the company. By using these services, you accept that the person responsible may notify REOS of the date of your withdrawal from the property or your exit from the company, thereby automatically blocking your access to these services. If this is the case, your account will still remain in case you want to access the services of REOS at another property. If you want to close your account and have your data deleted, contact us at firstname.lastname@example.org.
Rules for use of the services
After registering you will have access to a selection of services and module apps. We hope that all users of these services abide by the following rules for using the Services, but we must notify you that while using them, despite all controls, you may be subject to offensive, or questionable content. We assume that you understand this and that you use the Services at your own risk. Please contact us if you come across inappropriate content. You indemnify REOS against all claims of third parties that are asserted against REOS due to an infringement of your own rights, in particular claims of third parties that are based on a breach of your obligations under this clause. 5 "Use of the Services" or no. 6 "REOS Hardware" of this EULA.
You agree that you will not use the Services in any manner that violates applicable laws, regulations, or this EULA. This includes, among others:
- You are not using the Services for illegal activities or promoting illegal activities. These include behaviors that could lead to criminal or civil liability.
- You do not violate the rights of others. You do not distribute, publish, or reproduce any content that is unlawfully owned by you, and that may be protected by copyright or other proprietary rights, without the permission of the copyright owner or owner of the intellectual property rights who misrepresent you or your qualifications. This would constitute a violation of a person's privacy, including the posting of images of children or other third parties without their consent (or, in the case of minors, the consent of the guardian).
- You do not bother other users. You do not use the Services to upload, link, publish or otherwise transmit unlawful, fraudulent, defamatory, defamatory, obscene, pornographic, threatening, abusive, inflammatory, harassing, offensive or inappropriate information or communications. You also may not upload, post or otherwise transmit any unsolicited or unauthorized promotional or promotional materials.
- You do not manipulate the Services and you do not use the Services to circulate viruses, Trojans, worms or other destructive or harmful software (malware) or programs designed to attack the functioning of computers.
- You are not trying to copy or resell our services. You do not reproduce, copy, deconstruct, sell or trade with the Software and do not develop it. You do not grant any third party access to the Software or any part of the Software,
- You are not attempting to unlawfully extend the scope of the permitted use of the Services,
- You do not make any independent repairs or other changes to the REOS hardware, but notify your respective landlord of any malfunctions.
If you violate any of the provisions of this EULA, REOS will
- terminate this contract
- withdraw the license to use the Services at the discretion of REOS;
- Partially change your visible content
- Partially change your visible content
- partially delete your visible content,
- Sue you for damages
Termination of use of the Services
This EULA and the use of the Services will be terminated by closing your account on our platform. You can close your account on our platform at any time, for any reason (or no reason). To do this you need to send a message to EULA@reos-software.com. REOS may also terminate Your User Account at any time and for any reason and / or otherwise restrict your access to the Services in whole or in part.
6. REOS Hardware
REOS sees itself as an integrated system that integrates both software and hardware. The basis and goal of integrating the hardware components is to optimize conventional processes of the real estate administration, to make obsolete, cost-intensive and superfluous processes and to pass on cost advantages to all involved. REOS is committed to achieving this goal with the installation of digital consumption readers and intelligent measuring systems. If the landlord / owner / property manager decides to read out consumptions digitally using REOS, this data will also be made available to the user in real time.
In order to enable the respective landlords and owners to organize the electricity consumption readings by means of an intelligent measuring system within the guidelines of § 2 MSBG (Measuring Point Operating Act), the user hereby expressly declares that REOS itself fulfills the role of the Meter operator. If REOS considers a third person to be more suitable to perform the metering point operation, the user hereby authorizes REOS to select such a third party. REOS will only apply for the position of the measuring point operator and will only make use of the power of the user to commission a third party with the role of the measuring point operator if this is absolutely necessary for the authorised organization. The same applies to the role of the administrator of the central communication module of the intelligent measuring system - the so-called smart meter gateways. Here, too, REOS itself or one commissioned by REOS, taking into account the regulations of the MSBG, can assume the role of the smart meter gateway administrator.
The user hereby warrants not to modify, reposition, repair or treat in a similar manner REOS hardware that has been installed within the premises (or the associated common areas). In the event of malfunction of the REOS hardware, the user is obliged to report (via the REOS system) the detected error to the responsible landlord, or to the responsible property management.
7. Warranty and disclaimer
REOS is liable for damages in full amount if there is a basis of gross negligence.
In the absence of any condition for which REOS has provided a guarantee or assurance, REOS shall only be liable to the amount of the foreseeable, typical damage which should be prevented by the guarantee or assurance. Failing any lack of the guarantee/ guaranteed quality in turn based on intent / gross negligence. In the case of simple negligent and breach of contract for the delivery of essential duties, (the function which enables the orderly performance of the contract and on whose compliance the client may regularly rely ("cardinal obligations"), REOS liability is limited to the replacement of typical, foreseeable damage; in case of simple negligent violation of other than cardinal obligations, the liability of REOS is excluded.
The above limitations of liability do not apply to claims of the user under the Product Liability Act and damages attributable to REOS for loss of life, limb or health.
Other statutory exclusions of liability for damages (for example, § 281 Abs. 1 Satz 3 BGB) remain unaffected.
8. Further conditions
Notifications by e-mail or on website
It is possible that REOS is required by law to send you communications. In addition, REOS may send you business communications, such as confirmations or notifications of changes to the EULA. You agree that such communications will be made by e-mail or through a website supported by REOS.
Changes to the services
REOS reserves the right, at its sole discretion, to implement new elements as part of and / or as a supplement to the services from REOS, including changes affecting the previous mode of operation of the Services. We may also change all or part of our services or discontinue them. This applies to every aspect of the services from REOS. REOS also reserves the right to limit the nature or amount of storage available to you, the nature or size of the index or library information, the manner in which you access your content and other data without interruption and your continuing ability to do so, and at any time impose other restrictions with or without prior notice.
Should one or more provisions of this EULA be invalid or ineffective, this shall not invalidate the remaining provisions or the entire EULA. The ineffective provisions are replaced by the relevant statutory provisions.
9. Applicable Law
Subject to mandatory national consumer protection laws, this EULA is subject to the laws of the Federal Republic of Germany, excluding the reference standards.
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