Imprint

Qnit AG
Dornhofstraße 38a
63263 Neu-Isenburg
Telefon +49 69 597724 600
Telefax +49 69 597724 601
E-Mail: info@qnit.de

Chairman of the Supervisory Board: Stefan Körner
Chief Executive Officer (CEO): Hüseyin Cifci, Cezara Gales
Foundation: 2015

Identification numbers:

Commercial register: Frankfurt/Main HRB 112240
VAT identification number: DE122113119

Please send your suggestions concerning the design or questions about the content of the website to info@qnit.de.

The server for these websites is located in Dublin, Ireland.

Data Protection

Data protection information for the website and social media appearances of PRODYNA SE and companies belonging to the group (hereinafter referred to as PRODYNA) and for sending e-mails by PRODYNA.

To inform you about our policies and activities relating to the collection, use and disclosure of personal data on the internet, PRODYNA provides this policy in electronic form. This policy applies to all websites owned or run by PRODYNA, their subsidiaries, branches and/or companies directly or indirectly controlled by PRODYNA, like Qnit AG (collectively “PRODYNA”) as well as applicants/employees. It does not apply to websites that have their own data privacy policy. The website you are currently using is referred to below as the “website”.

The website and the social media appearances are intended to provide information about PRODYNA’s services and about PRODYNA as an employer. Through the website and the social media appearances interested persons also have the opportunity to contact PRODYNA.

Personal data is processed in connection with the website, the offers made available on the website, social media appearances and sending of e-mails.

Below you will find information about the company responsible for processing your personal data, his representative and the data protection officer, as well as your rights with regard to the processing of your personal data.

In the following you will also find information about the processing of your personal data and information about the use of cookies in connection with the website, the offers provided on the website and sending of e-mails for event invitations, offers and information about PRODYNA and its companies belonging to the group, such as Qnit AG.

In this policy, the term “personal data” refers to data that relates to an individual and identifies this person either directly or indirectly (in conjunction with other information that may be likely to come into the possession of PRODYNA), such as your name, email address or telephone number, particularly in connection with applications.

Information about each responsible company

Qnit AG, Dornhofstraße 38a, 63263 Neu-Isenburg, Germany
Qnit Austria GmbH, Leonard-Bernstein-Straße 10, 1220 Wien, Austria
Qnit d.o.o., Starine Novaka 23, 11060 Belgrade, Serbia
Qnit Switzerland AG, Grosspeteranlage 29, 4052 Basel, Switzerland

Collection of personal data
In general, you can access PRODYNA’s website without providing any personal information. Your browser transmits information to our server which are technically necessary for display our website and to ensure stability and security. These are IP address, date and time of the request, time zone difference to GMT, content of requests, access status / http status code, amount of data transferred, webpage that the request comes from, browser, operating system and its interface and language and version of the browser software.

To access some areas of our website, for example to apply for a position, we may need to obtain personal data from you. The entering of personal data in such cases is voluntary, and you are explicitly requested to provide such personal data and informed about the intended use of such personal data. If you do not provide us with the required personal data, you may won’t be able to use some functions offered by our website. The typical reasons for us collecting personal data are listed below, along with a brief description of how your personal data is treated in each case.

Communication with you. We will respond to any comments and requests that you submit to us through our website, such as online enquiries, comments, or registration to attend a conference. This may involve calling you on the telephone or sending an email to you.
Creating aggregated statistics regarding the use of our website.
Your personal data will be stored accordingly on our systems.
Training and further education. Your personal data will be used for certification exams and certificates of participation for the purpose of legitimizing and issuing your training certificate. PRODYNA or external trainer use lists of participants with personal data for internal organization, e.g. individual preparation of participants or sending of training material. Participation in feedback questionnaires regarding training quality is voluntary and anonymous. Online registration for public trainings is done via Eventbrite.de or XING.de, their data protection regulations apply.

The following table lists the categories of personal data that PRODYNA processes or could process as part of the processing activities described in this Global Privacy Statement.

Personal data: Name, preferred gender pronoun, contact information of any kind (such as email, phone numbers, address), gender, date of birth, age, place of birth.
Confidential data: PRODYNA may also collect certain types of confidential information if permitted by or with your consent under the laws of that country, such as health/medical data (including disability status and dietary requirements/allergies at events organized/sponsored by us). PRODYNA will only use this confidential information for the purposes described in Table 3.
Audiovisual media: Photographs and images/recordings taken on CCTV or other video systems and voice recordings.
Position: Description of current position, job title, employer, location, PRODYNA contact(s).
System and application access data: When you access PRODYNA systems, PRODYNA may collect data necessary to access such PRODYNA systems and applications, such as system ID, LAN ID, e-mail account, instant messaging account, mainframe ID, system passwords, access and activity logs, and electronic content created with PRODYNA systems.

In addition, PRODYNA may process the personal data listed in the table below for recruitment purposes.

Personal data: In addition to the personal information listed above, PRODYNA may collect other personal information for recruitment purposes, such as National Identification Number, Social Security Number, Insurance Information, Family / Partnership Status, Life Partners, Relatives, Emergency Contacts, Military Service.
Confidential data: PRODYNA may collect certain types of confidential information if permitted by applicable local law or if you have consented to it, such as health/medical information (including disability), trade union membership information, religion, race or ethnicity, minority flag and (to the extent permitted by law) information about criminal convictions and offences. PRODYNA collects this information for specific purposes, such as health/medical information, to address a disability or illness and provide care; background checks; religious or church affiliation in countries such as Germany, where such information is required for statutory tax deductions; and personal diversity data (such as race or ethnicity) to comply with legal obligations and internal policies regarding diversity and equal treatment.
Immigration data: PRODYNA may collect information about citizenship, passport, residence or work permit (physical copy and/or electronic copy).
Information talentmanagement: Information required for a background check, details of performance decisions and outcomes, performance feedback and alerts, e-learning/training programs, performance and development reviews (including information you provide when requesting/providing feedback, prioritizing, updating your input into relevant tools), driver’s license and vehicle letter, and biographical information.

As stated in the Global Privacy Statement, PRODYNA processes your personal data for various purposes. The following table lists the individual purposes for which PRODYNA processes your personal data.

Facilitation of communication with you (also in emergencies): Facilitate communication with you, ensure business continuity, protect the health and safety of employees and others, protect IT infrastructure, office equipment and other assets, facilitate communication with you and the emergency contacts you specify.
Compliance with legal requirements: Compliance with legal requirements, e.g. statutory submission, accounting and reporting obligations, performance of audits, approval of state audits and compliance with other requirements of state or public authorities, involvement in legal proceedings, e.g. in subpoenas, prosecution of legal claims and remedies, defense in the event of litigation and settlement of internal complaints or claims, conduct of investigations and compliance with internal policies and procedures, protection, enforcement or defense of the legal rights, privacy rights, safety or property of PRODYNA, PRODYNA subsidiaries or their employees, agents and contractors (including the enforcement of relevant agreements and terms of use), protection of data security, privacy and security of users of PRODYNA products or services or the public, protection against fraud or guidelines for the purpose of risk management.
Tracking your use of PRODYNA’s property: Monitor activities in accordance with the laws of the country and/or PRODYNA policies in force (including monitoring the use of PRODYNA resources).
Data analysis: Analysis of business processes and data to describe, predict and improve PRODYNA’s economic performance and/or to provide the user with a better experience. The analyses include in particular descriptive analyses, predictive analyses, analyses of the behaviour of individuals (customers, business contacts) through the use of personal data as well as marketing, individual customer view and customer journey analyses.
Recruitment: Managing applications, including conducting interviews and assessments, performance appraisals, financial planning, managing payments, managing inclusion and diversity programs, conducting background checks, planning and monitoring training requirements.

Use of personal data for marketing purposes
The bulk of the personal data we collect and use for marketing purposes relates to individual employees of our clients and other companies with which we have an existing business relationship. We may also obtain contact information from public sources, including content made public at social media websites, to make an initial contact with a relevant individual at a client or other company.

We send commercial e-mail to individuals at our client or other companies with whom we want to develop or maintain a business relationship in accordance with applicable marketing laws. Our targeted e-mail messages typically include web beacons, cookies, and similar technologies that allow us to know whether you open, read, or delete the message, and links you may click. When you click a link in a marketing e-mail you receive from PRODYNA, we will also use a cookie to log what pages you view and what content you download from our websites, even if you are not registered at or signed into our site.

Targeted e-mails from PRODYNA may include additional data privacy information, as required by applicable laws.

Like most companies, PRODYNA uses customer relationship management (CRM) database technology to manage and track our marketing efforts. Our CRM databases include personal data belonging to individuals at our client and other companies with whom we already have a business relationship or want to develop one. The personal data used for these purposes includes relevant business information, such as: contact data, publicly available information (e.g. board membership, published articles, press releases, your public posts on social media sites if relevant for business purpose), your responses to targeted e-mails (including web activity following links from our e-mails), website activity of registered users of our website, and other business information included by PRODYNA professionals based on their personal interactions with you. If you wish to be excluded from our CRM databases, please contact us.

We may combine data from publicly available sources, and from our different e-mail, website, and personal interactions with you (this includes information collected across our different websites such as our career and corporate sites and information collected when you sign-up or log on to our sites or connect to our sites using your social media credentials (such as LinkedIn and Xing). We combine this data to better assess your experience with PRODYNA and to perform the other activities described throughout our privacy policy.

We may transfer personal data to our service providers, professional advisors, public and governmental authorities or third parties in connection with a (potential) corporate or commercial transaction. Such third parties may be located in other countries. Before we do so, we shall take the necessary steps to ensure that your personal data is protected adequately as required by relevant data privacy laws and PRODYNA’s internal policies.

Unless you are otherwise notified, any transfers of your personal data from within the European Economic Area (EEA) to third parties outside the EEA will be based on an adequacy decision or are governed by the standard contractual clauses. Any other non-EEA related transfers of your personal data will take place in accordance with the appropriate international data transfer mechanisms and standards.

Your rights regarding marketing communications
You can exercise your right to prevent marketing communications to you by checking certain boxes on the forms we use to collect your personal data, or by utilizing opt-out mechanisms in e-mails we send to you. You can also exercise the right to discontinue marketing communications to you, or to have your personal data removed from our customer relationship management (CRM) databases at any time by contacting us. In such cases, we will retain minimum personal data to note that you opted out in order to avoid contacting you again. Alternatively, you may want to email us under dataprivacy@prodyna.com to inform us about your opt-out preferences.

If you have any questions about privacy or would like to provide us with permissions for websites or for promotional purposes, please contact us.

Use of personal data during your visit to our business premises
In addition to the information provided above, this section tells you how we use personal data when you visit PRODYNA’s offices.

This information also relates to the potential processing of your personal data by video surveillance and access control systems where such systems are active.

When entering our business premises, personal data such as name, first name and, if applicable, employer, as well as your time of arrival and departure are collected. This is based on project-specific requirements, which have an increased level of security and make this documentation necessary. This data is also usually stored for 12 months.

If you have received an access card from us, access to the premises is recorded and stored by the office complex’s own access control system. If you would like further information on this, please contact us at the specific address you have requested.

Particularly sensitive personal data
As a rule, PRODYNA does not obtain any “particularly sensitive personal data” via its website. “Particularly sensitive personal data” includes personal data concerning race, political opinion, religious or philosophical beliefs, trade union membership, health or sex life. By voluntarily providing us with particularly sensitive personal data (such as by submitting your CV or applying for a job online), you expressly consent to the use of your personal data as described in this policy.

Disclosure of your personal data
PRODYNA is a global organisation. We have various legal entities (e.g. national companies) and partners in Switzerland, in certain EU Member States as well as in other European countries. Our internal processes and infrastructures are therefore international in their nature and scope.

Accordingly, you should be aware that we may share your personal data with third parties, for the purpose of processing it on our behalf. We require that third parties treat the personal data they receive in accordance with PRODYNA’s Data Privacy and Security Policies.

Your personal data may therefore also be subject to cross-border disclosure. Cross-border disclosure of your personal data will be conducted only (i) to countries with equivalent data protection standards, or (ii) on the basis of officially recognized data protection agreements, or (iii) on the basis of officially recogniz ed standard data protection clauses.

Your rights
Below you find more detailed information on your rights regarding the processing of your personal data under the General Data Protection Right (GDPR):

I. Right of access
As a data subject, you have a right to obtain access and information under the conditions provided in Article 15 of the GDPR. This means that you have the right to obtain confirmation from us as to whether we are processing your personal data. If so, you also have the right to obtain access to the personal data and the information listed in Article 15 paragraph 1 of the GDPR. This includes information regarding the purposes of the processing, the categories of personal data that are being processed and the recipients or categories of recipients to whom the personal data have been or will be disclosed (points (a), (b) and (c) of Article 15 paragraph 1 of the GDPR). You can find the full extent of your right to access and information in Article 15 of the GDPR, which can be accessed using this link.

II. Right to rectification
As a data subject, you have the right to rectification under the conditions provided in Article 16 of the GDPR. This means that you have the right to receive from us without undue delay the rectification of inaccuracies in your personal data and completion of incomplete personal data. You can find the full extent of your right to rectification in Article 16 of the GDPR, which can be accessed using this link.

III. Right to erasure (“right to be forgotten”)
As a data subject, you have a right to erasure (“right to be forgotten”) under the conditions provided in Article 17 of the GDPR. This means that you have the right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay when one of the reasons listed in Article 17 paragraph 1 of the GDPR applies. This can be the case, for example, if personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed (point (a) of Article 17 paragraph 1 of the GDPR). If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of those personal data (Article 17 paragraph 2 of the GDPR). The right to erasure (“right to be forgotten”) does not apply if the processing is necessary for one of the reasons listed in Article 17 paragraph 3 of the GDPR. This can be the case, for example, if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims (points (a) and (4) of Article 17 paragraph 3 of the GDPR). You can find the full extent of your right to erasure (“right to be forgotten”) in Article 17 of the GDPR, which can be accessed using this link.

IV. Right to restriction of processing
As a data subject, you have a right to restriction of processing under the conditions provided in Article 18 of the GDPR. This means that you have the right to obtain from us the restriction of processing if one of the conditions provided in Article 18 paragraph 1 of the GDPR applies. This can be the case, for example, if you contest the accuracy of the personal data. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data (point (a) of Article 18 paragraph 1 of the GDPR). Restriction means that stored personal data are marked with the goal of restricting their future processing (Article 4 paragraph 3 of the GDPR). You can find the full extent of your right to restriction of processing in Article 18 of the GDPR, which can be accessed using this link.

V. Right to data portability
As a data subject, you have a right to data portability under the conditions provided in Article 20 of the GDPR. This means that you generally have the right to receive your personal data with which you have provided us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us if the processing is based on consent pursuant to point (a) of Article 6 paragraph 1 or point (a) of Article 9 paragraph 2 of the GDPR or on a contract pursuant to point (b) of Article 6 paragraph 1 of the GDPR and the processing is carried out by automated means (Article 20 paragraph 1 of the GDPR). You can find information as to whether an instance of processing is based on consent pursuant to point (a) of Article 6 paragraph 1 or point (a) of Article 9 paragraph 2 of the GDPR or on a contract pursuant to point (b) of Article 6 paragraph 1 of the GDPR in the information regarding the legal basis of processing in Section C of this Data Protection Information. In exercising your right to data portability, you also generally have the right to have your personal data transmitted directly from us to another controller if technically feasible (Article 20 paragraph 2 of the GDPR). You can find the full extent of your right to data portability in Article 20 of the GDPR, which can be accessed using this link.

VI. Right to object
As a data subject, you have a right to object under the conditions provided in Article 21 of the GDPR. At the latest in our first communication with you, we expressly inform you of your right, as a data subject, to object. As a data subject, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Article 6 paragraph 1, including profiling based on those provisions. In the event of an objection relating to your particular situation, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. You can find the full extent of your right to objection in Article 21 of the GDPR, which can be accessed using this link.

VII. Right to withdraw consent
Where an instance of processing is based on consent pursuant to point (a) of Article 6 paragraph 1 or point (a) of Article 9 paragraph 2 of the General Data Protection Regulation, as a data subject, you have the right, pursuant to Article 7 paragraph 3 of the General Data Protection Regulation, to withdraw your consent at any time. The withdrawal of your consent does not affect the legitimacy of the processing that occurred based on your consent until the withdrawal. We inform you of this before you grant your consent.

VIII. Right to lodge a complaint with a supervisory authority
As a data subject, you have a right to lodge a complaint with a supervisory authority under the conditions provided in point (f) of Article 57 paragraph 1 of the General Data Protection Regulation.

Duration of retention
PRODYNA stores your personal data only as long as necessary. In addition, PRODYNA maintains specific policies and procedures for the management and retention of records and data so that personal information is deleted after a reasonable period of time in accordance with the following retention criteria:

PRODYNA will keep your personal information for as long as we have a business relationship with you.
PRODYNA will retain your personal information for as long as it is necessary to fulfill a legal obligation.
PRODYNA will retain your personal data for as long as it is necessary to maintain or improve PRODYNA’s legal position (e.g. in relation to limitation periods, litigation or government investigations).

Please keep your personal data up to date at all times and inform PRODYNA of any significant changes to your personal data.

Third-party websites
PRODYNA’s websites may contain links to third-party websites. PRODYNA makes no guarantees with regard to such third-party websites and assumes no responsibility with respect to such third-party websites. You should be aware that the owners and operators of such third-party websites may possibly collect, use or disclose personal data in a manner other than that applied by PRODYNA. When accessing internet links to third-party websites, you should review the data privacy policies of these third-party websites. You should also be aware of the fact that third-party websites may use cookies.

Reorganization of the company
As is the case with many other organizations, PRODYNA may reorganize its business units around the world, either as a result of the acquisition of new entities or the disposal or merger of existing entities. If this is done, personal data may be disclosed to potential or actual purchasers of parts of our business or personal data may be obtained from potential sellers. In doing so, we strive to ensure that confidentiality is suitably maintained for personal data that is disclosed in the course of such transactions.

Legal notice
PRODYNA may disclose personal data in order to enforce the terms of use of our website or to protect personal safety or the PRODYNA website in urgent cases. It is also possible that we may be required to disclose your personal data for legal reasons, as a result of judicial or other official summons, orders or decrees, in any jurisdiction in which we conduct business.

Data security and integrity
PRODYNA takes various technological and procedural security measures to protect the personal data we collect, use or transfer against loss, misuse, alteration or destruction. However, please note that, due to the openness and insecure nature of the internet, PRODYNA cannot take responsibility for the security of the transmission of personal data over the internet.

Analysis software and cookies
The website uses analysis software, cookies and social media plug-ins. More information about these is available in the Cookies Policy.

Contact details
If you have any questions about this Data Privacy Policy or requests relating to the use of your personal data by PRODYNA, you are welcome to contact us via the email address info[at]prodyna[dot]com or on +49 69 597 724 0.

Data Protection Officer
PRODYNA SE
Dornhofstraße 38a
63263 Neu-Isenburg, Germany
E-Mail: dataprivacy[at]prodyna[dot]com

We endeavour to respond promptly to enquiries, but a reasonable handling time must be expected.

This policy was last updated on January 18, 2019. Please consult this page regularly to see if this policy has been changed.

Cookie Policy

Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; “Google”). The use includes the “Universal Analytics” operating mode. This facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of a user’s activities across devices.

Google Analytics uses “cookies”, which are text files placed on your computer, to allow the website operator to analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website and internet use. Our legitimate interest in data processing also lies in these purposes. The legal basis for the use of Google Analytics is § 15 para. 3 TMG and Art. 6 para. 1 lit. f GDPR. The data sent by us and linked to cookies, user-identifiers (e.g. User-IDs) or advertising-identifiers are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month. For more information on terms of use and data protection, please click here or here.

Use of HubSpot
On our website we use the HubSpot marketing automation software of the American company HubSpot Inc., 25 First Street, Cambridge, MA 02141 USA (hereinafter referred to as “HubSpot”) based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our web offer in order to optimize it and to offer you the best possible and user-friendly service). HubSpot is an integrated software solution by which we cover different aspects of our digital marketing, sales and customer relation management.

We use HubSpot for:

contacting us through the contact form.
landing pages as part of advertising campaigns including options such as the download of white papers or similar content.
social media linking and/or social media sharing.
evaluating the usage of our web pages (e.g. access, pages visited, session time, etc.) as well as publications in social networks.

The contents of our web pages as well as your personal data which you provide, e.g. when using our contact form are usually transmitted to and stored by a HubSpot server in the United States. HubSpot, Inc. has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as administered by the U.S. Department of Commerce, in order to implement appropriate safeguards for such transfers pursuant to Article 46 of the GDPR.

Cookies

General
We use cookies on this website. Cookies are small pieces of information that a website sends to your computer’s web browser when you visit a website. Cookies are stored on your computer for a certain period of time, depending on the expiry date of the cookie. More information about cookies is available here.

By using our website, you agree to the placement of cookies on your device, as explained in more detail below.

The PRODYNA website uses the following cookies:

Google Analytics

Recognition cookie: identifies unique visitors. The Google Analytics utma cookie allocates a unique ID, which is used to identify the visitor in the case of repeat visits (Duration: 2 years).
Session cookie: counts the number of visits rather than the number of unique visitors. The Google Analytics utmb cookie deletes itself automatically after 30 minutes. It is placed on a device together with the utmc cookie.
Session cookie: deletes itself automatically when the browser window is closed. It is placed on the device together with the Google Analytics utmb cookie.
Campaign Cookie: Measures traffic across all online marketing channels. This means that within this period, the user will carry the data from the last traffic source on the website and, as a result, statistically allocate the conversion or conversion rate to the respective online marketing channel (Name: utmb-Cookie and duration: 6 months).

ShareThis

These cookies are used by the ShareThis widget. The ShareThis widget allows the user to share content on various social media. No personal information is stored (Name: stid _unam and duration: 1 year according to the browser).
These cookies are used by the ShareThis widget. ShareThis widget allows the user to share content on various social media. No personal information is stored (Name: _uset and duration: 8 hours).
Additional cookies that are placed via ShareThis, in order to analyze the audience size. Deregistration from these two cookies is possible here (Name: _UID _UIDR and duration: 2 years).

If you do not wish to be assigned cookies by our website, you must make the setting in your browser that does not allow cookies or that notifies you when a cookie is placed on your device. You can then reject this placement when you receive the message. To find out how to do this, please consult the “Help“ section of your browser.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the Browser Add-on. Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics from collecting data across several devices, you must opt-out on all systems used. If you click here, the opt-out cookie will be set. To disable Google Analytics, use the add-on for browsers.

Google Analytics cookies
As explained above, PRODYNA uses Universal Analytics cookies to obtain standard internet login information as well as details about user behaviour. PRODYNA does this to improve the website. This information does not contain any personal data. The data used for analytical purposes may be linked to personal data obtained from this website or otherwise.

To obtain more information about Universal Analytics cookies, please click here.

Browser add-on for disabling Google Analytics and opt-out cookie
To give website visitors more control over how their data is collected via Universal Analytics, Google has developed a Universal Analytics deactivation add-on for browsers. The add-on communicates with the Google Analytics JavaScript (analytics.js) to indicate that information about your visit to the website should not be sent to Google Analytics. The deactivation add-on for browsers does not prevent information from being sent to the website itself.

Please click here to find out more about the Google Analytics deactivation add-on for browsers.

Alternatively, you can set a cookie to prevent collection of data by Universal Analytics. Click here to set the opt-out cookie.

Social media / ShareThis cookies
PRODYNA gives users the ability to share pages from our website and blog posts on social networks such as Facebook, Instagram and Twitter. To provide this service, the website uses a plug-in from a third-party website, called ShareThis. If you use our Share button, you will be directed to a website managed by ShareThis, and then to a website managed by the specific social media platform. We do not have any control over the cookies that are placed by ShareThis or the relevant social media platform if you use their services. Cookies from ShareThis can be deactivated here.

Facebook Social Plugins
PRODYNA uses Social Plugins of Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94394, USA (so called: Plugins). By using this service, your browser establishes a direct connection with Facebook or Instagram which belongs to Facebook. Unless you are already on Facebook or Instagram anyway, the content of the plugins will be transmitted to your browser and incorporated by the latter into the website.

PRODYNA has no influence on the data that Facebook collects or processes via the plugins. The purpose and scope of the data collected and processed by Facebook, as well as settings options for protecting your privacy, can be found in Facebook’s privacy policy.

Further information about the plugins of Facebook.

You can also prevent the transmission of data to Facebook with an appropriate plugin for your browser. Sharing PRODYNA’s offer with Facebook (e.g. “like” or “share”) is then no longer possible.

Twitter
PRODYNA also uses the Twitter button, a news service from Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. You can share a post via Twitter or follow PRODYNA on Twitter. When you call up the service, your browser establishes a direct connection with Twitter. Unless you are on Twitter anyway, the contents of the button will be sent to your browser and incorporated into the website.

PRODYNA has no influence on the data that Twitter collects or processes via this button. The purpose and scope of data collected and processed by Twitter, as well as privacy settings, can be found in the Twitter privacy policy.

You can also prevent the data transmission to Twitter with an appropriate plugin for your browser. Sharing the offer of PRODYNA together with Twitter (e.g. “share”) is then no longer possible.

LinkedIn
PRODYNA also uses the LinkedIn button, a social network from LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. You can share a post through LinkedIn using LinkedIn. By using this service, your browser establishes a direct connection to LinkedIn. Unless you are on LinkedIn anyway, the contents of the button will be sent to your browser and incorporated into the website.

PRODYNA has no control over the data that LinkedIn collects or processes through this button. For the purpose and scope of the information collected and processed by LinkedIn, as well as privacy preferences, please refer to the LinkedIn privacy policy.

You can also prevent the transmission of data to LinkedIn with an appropriate plugin for your browser. Sharing the offer of PRODYNA together with LinkedIn (e.g. “share”) is then no longer possible.

XING
PRODYNA also uses the button of XING, a social network of XING AG, Dammtorstr. 29-32, 20354 Hamburg, Germany. You can share a post via XING using the button. Bay using this service, your browser establishes a direct connection with XING. Unless you are on XING anyway, the contents of the button will be sent to your browser and incorporated into the website.

PRODYNA has no influence on the data that XING collects or processes via this button. The purpose and scope of the data collected and processed by XING can be found in the privacy policy. Setting options for protecting your privacy can be found in the XING help section.

You can also prevent data transmission to XING with an appropriate plugin for your browser. Sharing the offer of PRODYNA together with XING (e.g. “share”) is then no longer possible.

Further information relating the collection, use and disclosure of personal data as part of our application process

Purpose of the collection of personal data
Any personal data, including any personal data contained in the attachments, which you make available to us via the applicant portal or by email, will be collected, processed, and used by PRODYNA exclusively for the purpose of processing your application.

Your data will only be used by the respective company to fill the vacancies for which you have applied. They are not passed on to other companies. If you have submitted an unsolicited application, we will consider your data for all current application procedures that fit your profile. The same applies in the event that you have given us your express consent to the further storage of your applicant profile after completion of an application procedure.

The legal basis for data processing, type and purpose of data collection
We primarily collect your personal data for the purpose of carrying out the application procedure on the legal basis of § 6(1)(b), § 88 General Data Protection Regulation (GDPR) in conjunction with § 26(1) sentence 1(1) of the Federal Data Protection Act (old) (BDSG-alt). Further legal bases are § 6(1)(a) GDPR (“Permission”) and § 6(1)(f) GDPR (“Weighing of interests”), e.g., for personnel evaluations and reporting. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which the data controller is subject, the legal basis is § 6 (1)(c) GDPR.

If special categories of personal data are processed pursuant to § 9(1) GDPR (e.g., health data), this is done on the basis of § 9(2)(b) GDPR. In addition, the processing might be required to assess your work capacities pursuant to § 9(1)(h) GDPR.

In the case of an online application for a specific vacancy or with unsolicited applications, your data are entered by you into the corresponding application form and the associated documents uploaded.

With email applications, we collect all relevant data in our applicant portal and upload your documents including your email. Your email will be deleted from our mailbox afterwards. Please don´t send any applications by post (paper applications), because we cannot process them due to data protection reasons.

Data controller, recipients or categories of recipients to whom the data might be disclosed
Your personal data will be treated strictly confidentially and will only be made available to the responsible persons involved in the application process. To ensure proper operation, only selected employees of PRODYNA involved in the application process have access to your data.

In any case, your personal data will only be processed by the company responsible for the vacancy and, if applicable, by service providers who are contractually bound and legally obliged to comply with the relevant data protection regulations. This does not apply in the event that you have submitted an unsolicited application or have given us your express consent to the further storage of your applicant profile after completion of an application procedure (rejection or hiring). In this case, we consider your data for all current application procedures, i.e. your personal data can be processed by different national companies. You can actively consent to the transfer of your personal data to individual or all national companies. If you do not provide or revoke this consent, your personal data cannot be taken into account for positions within these companies.

If you are hired, your data will be transferred from our applicant portal to our HR administration systems. Your data are processed there as employee data.

PRODYNA works with the software partner Haufe-umantis AG for the operation and maintenance of the applicant portal. Your data will be stored and processed on the systems of our software partner Haufe-umantis AG. Haufe-umantis AG has taken the necessary organizational and technical measures to ensure the confidentiality of your application. Further information can be found on the Haufe website.

Duration of data storage
Your personal data will generally be deleted when the processing is no longer necessary to make a decision on establishing an employment relationship. The duration of the storage depends on the duration of the decision-making process.

When applying online for a specific position, and submitting data to the applicant portal, you have access to your data and the attachments (e.g., your CV) at any time and can delete them yourself. You also have the option to request us to delete your data. If you wish to have your applicant profile deleted immediately, please contact our data protection officer (see above).

Our standard deletion period for an application is six months after completion of the relevant application procedure (rejection or recruitment). If we reject your application, we will inform you by email that you can provide your express consent to the further storage of your applicant profile after completion of an application procedure. In this case, your applicant profile will be deleted automatically from the applicant portal twelve months after the deletion of your last application. The same applies to an applicant profile created for an unsolicited application.

If legal regulations, e.g., storage obligations, do not permit deletion, the processing of your data will instead be limited (i.e. blocked), meaning that they are only accessible to observe mandatory legal regulations. This is also the case if there are indications that you will assert claims against us. The data will be stored as long as the processing of the data is necessary for the assertion, exercise, or defense of legal claims.

Current safety standards
Your data are protected against unauthorized access by encrypted transmission, encrypted storage, a role and authorization concept, a data backup concept, and physical security measures for the servers used. The transmission of your personal data to the servers follows to the security standards of the TLS method.

Use of our applicant portal
Insofar as you wish to use our applicant portal, you must register by stating your email address, a chosen password, your name and the details of how you became aware of us. It is not mandatory to use your real name; the use of an alias is possible. The specification of the data mentioned above is necessary. All further information can be provided voluntarily through the use of our applicant portal.

If you use our applicant portal, we will save the voluntary data provided by you for the time in which you utilize the applicant portal, unless you delete these data beforehand. All information can be managed and amended in the secured applicant section. The legal basis is § 6 (1)(1)(f) GDPR.

In order to prevent unauthorized access to your personal data by third parties, the connection is encrypted using TLS technology.

Further information about your applicant data can be found here.

Use of the chatbot
We collect your data exclusively to contact you or to carry out a simplified application process. We only store your specified data for as long as they are necessary for the communication or the application process. You can revoke your consent at any time. Further information can be found under “Your rights” or under “Data Privacy Applicant“.

Terms and Conditions

I. General Provisions

§ 1 Scope and contract basis

These general terms and conditions apply to all deliveries and services of PRODYNA. In particular, they regulate the provision of consulting and development activities, the adaptation of software to the customer’s requirements, as well as installation and implementation support.
Additions and changes to these conditions must be confirmed in writing by PRODYNA in order to be deemed effective.

§ 2 General

The services to be provided by PRODYNA result from the respective offer submitted by PRODYNA in writing, which has a validity of one month.
Insofar as dates have been agreed for the services to be rendered by PRODYNA, and unless otherwise expressly agreed, these dates are non-binding target dates.
Should the proposal contain any omissions or ambiguities, PRODYNA may appropriately clarify them at its fair discretion.
Technical or other standards must only be complied with to the extent expressly stated in the relevant proposal, as applicable at the time of conclusion of the contract.
PRODYNA is entitled to have services rendered by third parties (subcontractors).

§ 3 Cooperation between the parties

Each party respectively appoints a responsible contact person for mutual coordination and service provision.
The customer will submit requests regarding the services to be provided exclusively to the responsible contact person appointed by PRODYNA and not give instructions to other persons employed by PRODYNA. The persons employed by PRODYNA do not enter into an employment relationship with the customer, even if they provide services on their premises..

§ 4 Obligations of the customer

The provision of the agreed services by PRODYNA requires close collaboration between all parties as well as cooperation on the part of the customer.
The customer shall assist PRODYNA and its subcontractors in the provision of the services. In particular, the customer shall make available to PRODYNA free of charge, in full, and in due time any information, documents, facilities, technical environments, and contact persons required to perform the services.
The customer shall always keep PRODYNA informed of any occurrences in its environment that may affect the provision of the services by PRODYNA.
The customer shall only assign sufficiently qualified staff to fulfill its obligations.
The customer’s specific obligations will be set forth in the respective proposal.
All obligations to be fulfilled by the customer are a prerequisite to the contractually agreed provision of the services by PRODYNA. Should the customer fail to properly fulfill its obligations, PRODYNA may, without prejudice to any other contractual or statutory rights of PRODYNA, demand adjustments to the timetable, and to the remuneration. In such case, PRODYNA shall be released from its obligation to comply with contractually agreed deadlines, unless the customer proves that the improper fulfillment of its obligation does not affect the services to be provided by PRODYNA. PRODYNA may invoice additional charges for any idle or waiting time due to the improper fulfillment of the customer’s obligations in accordance with its current general daily rates.
The customer shall be responsible for the provision, accuracy, and completeness of all information, working documents, and work equipment to be provided by the customer. PRODYNA shall be under no obligation to verify the accuracy or completeness of the information provided by the customer.
The customer shall be responsible for proper data backups.

§ 5 Changes to the services

The customer may request changes to the services within the scope of PRODYNA’s capacity, unless the requested changes are untenable to PRODYNA. The request for changes must be made in writing and must contain all information required by PRODYNA to evaluate the request for changes. After receipt of an amendment request, PRODYNA will verify if, and under which conditions the change is feasible and inform the customer of the outcome in the form of a written proposal.
PRODYNA is entitled to invoice the customer separately for the evaluation of an amendment, unless it is only a marginal evaluation effort. If PRODYNA intends to invoice the customer separately, it will inform the customer thereof in advance.
The details of a change, including the necessary contractual adjustments (for example, adjustments to remuneration and timetable), will be stipulated in writing.
As long as the parties have not agreed in writing on the change, PRODYNA will continue to work in accordance with existing agreements.

§ 6 Remuneration

The nature and amount of the fee shall be set out in the respective proposal.
In the case of fees on a time and material basis, the hours worked, and the time spent traveling will be billed according to the types of services and the daily rates; the parts used will be billed at the prices in effect at the time that the service is performed.
The following surcharges will apply: 25% for night work (20:00 – 07:00), 50% for work on Saturdays, and 100% for work on Sundays or holidays.
A person day relates to the respective country-specific legally regulated working time per day. Working time of less than a full man day will be remunerated on a prorated half hour basis.
Travel expenses and disbursements will be invoiced separately.
All prices are subject to statutory VAT at the current rate.
The payment schedule will be set forth in the respective proposal. In the case of fees on a time and material basis, invoices will be issued monthly in arrears.
The fee will be payable upon receipt of invoice and payable within 20 days of the invoice date.

§ 7 Deficient services

Where services are not provided in accordance with the contract due to the negligence of PRODYNA, PRODYNA shall be obliged to provide the respective service in accordance with the contract within a reasonable period of time and at no extra cost to the customer, provided that the customer has given PRODYNA written notice of the deficiency without delay, in any case not later than five (5) working days after discovery of the deficiency.
If the subsequent performance of essential parts of the affected services also fail within a reasonable grace period expressly set by the customer due to reasons attributable to PRODYNA, the customer may terminate the contract for the provision of the services without notice. In such case, PRODYNA shall be entitled to remuneration for the services provided under the contract up to the effective date of termination.
The limitation period shall be one year.
Subject to the provisions of section 8 (1) below, any other claims of the customer based on deficient services shall be excluded. This exclusion shall not apply if a warranty has been given or in cases of personal injury, intent, or gross negligence.

§ 8 Termination

The right of termination for good causes shall remain unaffected by the provisions of the preceding section 7.
In addition to the right of termination for good causes, each party shall have the right to terminate the agreement upon one month‘s notice, taking effect at the end of a calendar month.
If the customer terminates the contract upon notice, PRODYNA shall be entitled to the full remuneration that would have been due if the contract had been performed. However, PRODYNA must accept the deduction of expenses saved due to the termination, and of any amounts earned otherwise using its resources including the deduction of any amounts not gained due to willful failure to do so. If PRODYNA terminates the contract upon notice, the remuneration provisions of section 7(2), last sentence, shall apply mutatis mutandis.
Any notice of termination must be given in writing.

§ 9 Infringement of third party rights

If a third party brings a claim against the customer alleging that any work results delivered by PRODYNA while the provision of services infringe its proprietary rights, the customer shall notify PRODYNA in writing without delay and, to the extent possible, allow PRODYNA to defend such claim or defend the claim itself according to PRODYNA’s instructions. The customer shall grant PRODYNA all necessary authorizations for the legal defense or settlement negotiations. The customer may not admit any third-party claim without the prior written consent of PRODYNA or otherwise interfere with PRODYNA’s defense of the claim by acting without consulting PRODYNA. The customer shall grant PRODYNA any reasonable support in the defense of the claims. In particular, the customer shall provide PRODYNA with all necessary information concerning the use of the work results.
If an infringement of third party rights has occurred, if PRODYNA is responsible for the infringement, and if the customer has fulfilled its obligations under the preceding subsection (1), PRODYNA shall, at its option, either (i) procure for the customer the right to use the affected work results or (ii) modify the infringing work results in such a manner such that they are no longer infringing third party rights, without, or with reasonable impact on the customer respectively.
All inevitable costs incurred by the customer in connection with the legal defense and attorney’s fees shall be borne by PRODYNA.
If the customer modifies or causes third parties to modify the work results, it shall have no claims under this Section 9 unless the customer proves that the defects were not caused by such modifications and that such modifications have no negative impact on the analysis and removal of the defects by PRODYNA.
Any other claims of the customer based on infringement of a third party right shall be excluded. The foregoing shall not apply if a warranty has been given, or in cases of personal injury, intent, or gross negligence.

§ 10 Granting of rights

Upon full payment of the agreed remuneration, PRODYNA grants the customer, in the context of supplied services and artefacts, a non-exclusive, permanent, non-transferable right to use the work results, however restricted to original purpose of the artefacts as defined in the original proposal.
The customer is only entitled to duplicate the provided work results to the extent that this is necessary for the original agreed use, as defined in the respective proposal, or offer.
PRODYNA is free to reuse ideas, procedures, concepts, in the project acquired know-how and experiences, as well as any other techniques arising in the execution or in connection with the execution of the services.
If during service provision by PRODYNA; services originate that can be registered as property rights, PRODYNA reserves the right to make a corresponding application in its own name and for its own account. In this case, the customer receives a cost-free, non-exclusive, and non-transferable licence for use to the extent necessary for the contractual usage of the work results as to be delivered by PRODYNA.
The customer will not modify or decompile the work. To the extent that it requires information to establish interoperability of the work with other software created independently of the work, PRODYNA reserves the right to make this information available in exchange for a reasonable fee.

§ 11 Liability

In all cases of contractual and non-contractual liability, PRODYNA will indemnify exclusively in accordance with the following provisions.
PRODYNA proceeds with the standard accepted level of industry care.
Liability for damages caused by PRODYNA or one of its auxiliary persons or legal representatives, intentionally or through gross negligence, is unlimited in terms of the amount.
PRODYNA’s liability for damage resulting from injury to life, body, or health shall be unlimited.
Liability for damage caused by the lack of a feature guaranteed by PRODYNA is unlimited.
The liability for damages caused by gross negligence on the part of PRODYNA or one of its agents or legal representatives is limited as follows: in an individual case a maximum of 50%, and in multiple cases, a maximum of 100% in accordance with § 6 paid remuneration for the year in which the loss event occurred or, in the case of a faulty deliverable, the remuneration paid for the corresponding deliverable.
In all other cases, PRODYNA shall only be liable for the violation of a material contractual obligation whose fulfillment is a prerequisite for the proper performance of the contract (cardinal obligation) and on whose fulfillment the customer was entitled to rely, in any case, only up to the amount of the typically foreseeable damages.
The parties assume that the typical, foreseeable damages pursuant to § 7 in each individual case shall not exceed 25% and in multiple cases, a maximum of 50% of the remuneration to be paid in accordance with § 6 for the year in which the damage occurred. In the case of faulty deliverables, the remuneration paid for the corresponding deliverable.
The liability according to paragraph 6 and paragraph 7 amounts in total to a maximum of 100% of the remuneration to be paid in accordance with § 6 for the year in which the damage event occurred or, in the case of a faulty deliverables, the remuneration paid for the corresponding deliverable.
Liability under the Product Liability Act shall remain unaffected.
The customer shall be responsible for making regular backups of its data. In the event of any loss of data due to the fault of PRODYNA, PRODYNA shall only be liable for the cost necessarily incurred for recovering the lost data from proper data backups made by the customer.
Except in cases of willful misconduct, the customer’s damage claims shall become statute-barred one year after the occurrence of the breach or tort.

§ 12 Confidentiality and privacy

The parties will keep the confidential information disclosed to them classified and will take all reasonable precautions to protect such information from unauthorised access, unless prohibited to do so by law or official orders. Confidential information entails all information and documentation of the respective party that is identified as confidential or is considered confidential in the circumstances, in particular, information about operational procedures, business relationships, and know-how.
PRODYNA’s confidential information will be communicated to the customer’s employees only to the extent that the employees require it to perform their duties. The customer’s employees are to be made aware of the issue of compliance with the existing confidentiality obligations as well as the provisions of the copyright laws.
The customer will not remove, modify, or obscure the markings contained in the confidential information, such as copyright notices, trademarks, serial numbers, or the like. It will incorporate these markings, notices, etc. into all copies of the confidential information produced by it in an unmodified form.
The customer will notify PRODYNA immediately in writing of any unauthorised disclosure or use of the confidential information that has become known to it. The customer will support PRODYNA in the pursuit of resulting claims to a reasonable extent.
Excepted from the obligation of secrecy according to the preceding paragraphs 1 and 2 is confidential information such as:
- a. information demonstrably known to the recipient upon conclusion of the contract or subsequently disclosed by a third party, without any breach of a confidentiality agreement, statutory provision, or official order;
- b. information publicly known at the time the contract is concluded or subsequently made public without any breach of this non-disclosure agreement;
- c. information which must be disclosed by law or by order of a court or public authority;
- d. information developed independently by the other party.
In connection with the initiation, conclusion, execution, and rescission of a contract based on these general terms and conditions, PRODYNA collects, stores, and processes data. This transpires in the context of the legal regulations. PRODYNA does not pass on any personal data of the customer to third parties, unless it is legally obliged to do so or the customer has previously expressly consented. If a third party is used for services in connection with the execution of processing operations, the provisions of the EU-GDPR and, as far as applicable, the respective country-specific data protection regulations will be complied with. The data provided by the customer in the context of the order will be processed exclusively to establish contact within the framework of the contract and only for the purpose for which the customer provided the data. Payment details will be forwarded to the bank responsible for the payment. Insofar as PRODYNA’s data retention periods are governed by commercial or tax law, the storage of some data may last up to ten years. During a visit to the PRODYNA homepage, anonymised data, which does not permit any inference to personal data and does not intend to do so, in particular IP address, date, time, browser type, operating system, and visited pages, is logged. At the request of the customer, and within the scope of the legal provisions, personal data is corrected, blocked, or deleted. A cost-free disclosure of all personal data of the customer is available. For questions and requests relating to deletion, correction, or blocking of personal data as well as collection, processing, and use, the customer can contact the following address: PRODYNA SE, Data Protection Officer, Dornhofstraße 38a, 63263 Neu-Isenburg, email: dataprivacy@prodyna.com.

§ 13 Final provisions

The rights and obligations of a contract concluded under these conditions cannot be ceded to third parties without the prior written consent of the other party.
The customer can only offset claims of PRODYNA with undisputed or legally enforceable claims.
A right of withholding of payment by the customer is excluded, unless the counterclaim of the customer originates from the same contractual relationship and is undisputed, acknowledged in writing, or legally established.
PRODYNA is entitled to include the name of the customer as well as a short project description for the purpose of self-promotion in their reference customer list on the homepage and in sales and marketing documents, unless the customer expressly objects to the aforementioned in writing. The classified material obligation according to § 12 does not apply in this respect.
There are no verbal collateral agreements in addition to the written offer and the present general terms and conditions. The present general terms and conditions can only be excluded or supplemented by a written agreement. This also applies to the change of this written form requirement.
The contractual relationship between PRODYNA and the customer is governed exclusively by Swiss law, under exclusion of the provisions of the Federal Law on Private International Law (IPRG) and the UN Sales Convention (CISG).
The exclusive place of jurisdiction for any legal disputes in connection with the provision of services is the headquarters of PRODYNA in Germany.
Should individual conditions prove to be ineffective, the remaining conditions remain unaffected. In such a case, the parties are obliged to replace an ineffective condition with an effective condition which comes closest to the economic purpose of the ineffective one. The same applies in the case of a loophole.

II. Special provisions for contracts for work and services

§ 1 Acceptance

PRODYNA shall notify the customer when the work is ready for acceptance and deliver the work to the customer for acceptance (“Delivery for Acceptance”).
Prior to the Delivery for Acceptance, the parties shall define the acceptance criteria to be used by the customer when conducting the acceptance test.
Unless otherwise agreed, the customer shall commence the acceptance test within five (5) days of Delivery for Acceptance. Unless otherwise agreed, the customer shall complete the acceptance test within five (5) working days. PRODYNA shall have the right to participate in the acceptance test.
The customer shall declare acceptance in writing within three (3) working days following completion of the acceptance test except in the event that defects preventing acceptance have been detected. In such case, the customer shall, within three (3) working days following completion of the acceptance test, provide PRODYNA with a written list specifying the defects preventing acceptance. The customer may not refuse acceptance if the defects are minor. PRODYNA’s obligation to remove defects shall remain unaffected.
Should the customer fail to declare acceptance within three (3) working days following completion of the acceptance test and has not notified PRODYNA in writing regarding the presence of defects preventing acceptance within the aforementioned period, the work shall be deemed to have been accepted upon expiration of such period. PRODYNA shall inform the customer accordingly in the notice of Delivery for Acceptance.
Likewise, the usage of the work for a period of more than two (2) weeks shall be deemed as acceptance thereof.
If the customer detects any defects during the acceptance test, it shall notify PRODYNA in writing without delay, providing PRODYNA with a detailed description of the defects and making available any information that may be required to remove the defect. PRODYNA shall remove the defects within a reasonable period.

§ 2 Warranty

For defects in quality and title, the following rules apply exclusively; section I § 7 does not apply.
PRODYNA warrants the agreed upon quality as well as the fact that the customer can use the services rendered without breaching the rights of third parties. The agreed upon quality results from the offer.
Technical data, specifications, and performance data in public statements, in particular in advertising materials, are not quality specifications.
If employees of PRODYNA issue guarantee statements, these are only valid if they are confirmed in writing by the management of PRODYNA.
Any defects that occur must be documented by the customer in a manner that is as comprehensible as possible to PRODYNA and must be reported to PRODYNA immediately after their discovery. The notification of the defect shall be made as detailed as possible, stating the information and circumstances of the defect which are known to the customer and which are useful for the detection and correction of the defect. The customer will take reasonable measures to facilitate the detection of a defect and its causes. The customer shall support PRODYNA in a reasonable manner in the case of defect detection and rectification and shall grant immediate access to the documents from which the particular details of the occurrence of the defect arise.
PRODYNA may, in the event of material defects, at its discretion, either deliver new work or remedy the defect; a defect remedy also applies if PRODYNA shows the customer reasonable possibilities to avoid the effects of the defect. This also includes telephone or written instructions to the customer.
If it turns out that a defect reported by the customer does not actually exist or is not due to the work performed by PRODYNA, PRODYNA shall be entitled to charge the customer for the costs incurred in the analysis and other processing in accordance with the current price list of PRODYNA.
If PRODYNA does not remedy the material defect within a reasonable period of time, a period which enables at least two attempts to rectify the defect, the customer is entitled to set PRODYNA a reasonable final respite, which will allow at least two attempts to remedy the defect. If PRODYNA is also unsuccessful within this final grace period or if the repair or replacement is deemed to have failed due to other reasons, the customer is entitled to choose whether to reduce the fee or withdraw from the contract for the provision of services.
The rectification is not deemed as definitively failed at the second repair attempt. Rather, during the grace period, the amount of repair attempts during the grace period is defined by PRODYNA.
The right to withdraw exists only in the event of significant defects.
In the event of justified withdrawal, PRODYNA shall be entitled to claim reasonable compensation for the use of the licensed material by the customer until the timepoint of final rescission.
Any further warranty and liability claims are expressly excluded, insofar as legally permissible. In particular, PRODYNA is not liable for consequential damages or loss of profit.

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