Terms of Use

12.07.2018

1. General

1.1. STARSPED Speditionsgesellschaft mbH with the business address IZ NÖ-Süd, Strasse 14 in 2355 Wiener Neudorf, registered in the company register of LG Wiener Neustadt as FN 98293 z (hereinafter "We" or "Provider") is the provider of the mobile application ("app "). We are a group company of LKW WALTER Internationale Transportorganisation AG with the business address of IZ NÖ-Süd, Strasse 14, object 15 in 2355 Wiener Neudorf, registered in the company register of LG Wiener Neustadt to FN 35799 x (hereinafter "LKW WALTER"), which operates business in freight forwarding and freight business domestically and internationally, among other things. We are the provider of the app, and the collected data and information are processed for or by LKW WALTER for their own purposes.
1.2. The app is intended for independent freight carriers and their drivers. The app is intended to support the user (hereinafter "you" or "user") in the implementation, coordination and handling of freight services with LKW WALTER. It is made clear that contracts, in particular freight contracts, cannot be agreed via the app.
1.3. You can obtain the app free of charge either through the Google Play Store or via the Apple App Store (both at the same time or individually, hereinafter referred to as "Store"), subject to the terms and conditions. It is hereby clarified that in connection with the use of the app, Google Inc. or Apple Inc. are not your contract partners are, but we are, exclusively. Costs for data transfer from the network operator in connection with downloading from the store or using the app may arise. Such costs (e.g., roaming charges) are to be borne by you.
1.4. The app is designed for use on a mobile terminal, such as a mobile telephone or tablet / pad (hereinafter "terminal"), and can only be used on a technically suitable terminal. You must accept these Terms of Use before you use them for the first time and they apply to any use of the app and its related features, services and services (hereinafter referred to as "Services"). Please pay particular attention to your consent to the use of personal data in section 5.2.

2. Registration

2.1. By accepting the Terms of Use for the first time, we grant you the right to use of the app according to section 4. Initially, you will only have limited functionality of the services. This includes the registration of the services, the changing of the language, the "forgotten password" function, general help in the context of a so-called "Guided Tour" and contact information.
2.2. In order to obtain full access to the services of the app, you first need to register. Registration is only permitted by persons able and allowed to work for the company. In the course of registration, you must provide your email address and a self-chosen password, as well as your name and contact details (hereinafter "registration data"). The nature of the registration process and the scope of the required registration data may be adapted from time to time at our own discretion.
2.3. The registration data submitted to us will be forwarded by us to LKW WALTER and subjected to an internal check. This check is required to verify your authorisation to perform and process freight services. As long as the check has not been completed, you will only have the option of using the restricted services. We expressly reserve the right to accept or refuse your registration without stating reasons and, if necessary, to obtain additional information from you. You will be notified of the acceptance or rejection of your registration by email.
2.4. If we accept your registration, you can then repeatedly login to the app using your provided email address and the selected password. This login gives you full access to the available services. In the event that a registration is accepted by us, further registration by you is not permitted.

3. Services offered

3.1. Logged-in users can manage various functions in connection with freight services, such as orders (e.g., as soon as a loading or unloading process has been completed), search for shipments, report empty cargo space, search for contact persons for specific routes, make changes to the settings, and/or contact LKW WALTER and/or log out. These services are offered in the manner provided and offered in the app.
3.2. In particular, you can upload and provide freight documents with the app. For this purpose, you can either create photos of the freight documents with your device or select photos already made from the photo gallery on your device. You can also customise the photos of the freight documents. The necessary App access to the camera or the photo gallery of your device must be explicitly accepted by you beforehand and can be revoked at any time in your device settings. By uploading the photos, you assure and warrant that these photos and the freight documents are correct, complete and free of third party rights.
3.3. You can also allow us to access the location of your device. Access to the location data is expected to occur on your device approximately every 10 minutes while the app is active (in the foreground or background); this must be explicitly accepted beforehand, and you can always revoke this authorisation in the app settings on your device.
3.4. With regard to the search for contact partners, the app allows you to store the contact data of the respective LKW WALTER transport manager in the app itself. Optionally, the name and telephone number of the transport manager can also be stored in the phonebook or the contacts of your device. The app only accesses the storage of the new contact in the contact data, there is no reading or other access to other contact data. The necessary app access to the camera or the photo gallery of your device must be explicitly accepted by you beforehand and can be revoked at any time in your device settings.

4. Copyright and usage rights

4.1. All copyrights, trademarks and other intellectual property rights in the app are unlimited, both for us and LKW WALTER. We provide you with a non-exclusive, non-transferrable licence, revokable at any time, to download, run and otherwise use this app on your device for free.
4.2. In particular, you are prohibited from modifying, reproducing, publishing, distributing, sublicensing, selling or otherwise transferring the app (for example, renting, leasing it). It is also prohibited to decompile the App or take any other measures to obtain the source code of the app, unless this is permitted in accordance with § 40e Copyright Act.
4.3. The app contains non-commercial computer programming codes, which are available on Apache 2.0. based on the licence (available at http://www.apache.org/licenses/LICENSE-2.0.html) and on the MIT licence (available at https://opensource.org/licenses/MIT). You can access the respective licence text under the links provided, or request it at any time from us by email at austria@starsped.com.

5. Data privacy notice

5.1.
We and LKW WALTER process your personal data when you use the app and the associated services. We and LKW WALTER will protect your personal data and observe all statutory provisions regarding the protection, lawful handling and privacy of personal data as well as data security.
5.2. Purposes of data processing
We and LKW WALTER will process your personal data referred to in item 2. for the following purposes:

(i) the execution of the underlying freight business,
(ii) the better coordination between the respective contracting parties in relation to loading and unloading times and
(iii) the better utilisation of trucks
(iv) for the implementation, maintenance, development and testing of the app
WALTER GROUP receives your personal data when you register on the app.

The provision of your personal data via the app is optional. However, if you do not provide your personal data, you will not be able to use all the features of the app and we can not give you access to the app services.
5.3. Processed data
When using the app, we collect the following information: Your name, your e-mail address, your respective IP address, the device number of your device, the telephone number of your device, the location data of your device (transfer expected approximately every 10 minutes, while the app is actively running in the foreground or background on your device), the phone contacts of your device, the photo gallery on your device, the camera on your device as well as any of the registration plate details you have provided for the trucks you have used.
5.4. Legal basis of processing
We process your data in order to fulfill the contract and carry out pre-contractual measures according to article 6 paragraph 1 (b) of the General Data Protection Regulation ("GDPR"). The conclusion and fulfillment of the contract on the use of the app is only possible if we can process your personal data. If you do not provide us with the necessary data, no contract of use can be concluded. We process your data, with your consent, in accordance with § 6 article 1 (a) of the GDPR. You have the right to revoke your consent at any time. Revoking your consent does not affect the legality of the processing carried out, because of the consent and from then until the revocation. We also process personal data on the basis of our overriding legitimate interest, which is to achieve the purposes mentioned under item 1. i, ii and iv.
5.5. Forwarding of your personal data
For the aforementioned purposes, we and LKW WALTER will transfer your personal data to the following recipients:
> to your employer,
> to loading and unloading points, our customers, recipients and other third parties involved in the transport
> to companies within our Group
> to IT service providers used by us for the purposes mentioned under item 1. iv.
Data may also be transferred to recipients outside of Austria and outside the EU, if this is required to fulfill the usage contract or if you have consented to this transfer.
5.6. Storage period
Your personal data will be stored by WALTER GROUP for as long as is reasonably necessary to achieve the stated purposes. If you have registered on the website, your data will be stored as long as your account exists and thereafter only as long as legal obligations allow for this.
5.7. Your rights relating to personal data
You are entitled (subject to applicable law), among other things, (i) to verify whether and what personal data we and LKW WALTER have stored about you and to receive copies of this data, (ii) to request the rectification, amendment or deletion of any personal data that is incorrectly or improperly processed, (iii) to request us to limit the processing of your personal data and (iv) to object to the processing of your personal data, in certain circumstances, or to revoke the previously given consent for the processing, (v) to request data portability, (vi) to know the identity of third parties to whom your personal data has been transferred and (vii) to lodge a complaint with the relevant authority.
5.8. Google Analytics
The app uses Google Analytics, a web analytics service from Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on the user's computer and allow an analysis of how the user uses the app. We process your data on the basis of our overriding legitimate interest to provide easy-to-use access statistics in a cost-efficient way (§ Article 6 Paragraph 1 (f) GDPR). The information generated by the cookie about the use of the app is usually transferred to a Google server in the USA and stored there. In the case of the activation of IP anonymization on this website, the IP address is in this case already shortened and thus anonymized by Google within member states of the European Union or other parties to the Agreement on the European Economic Area. Google will use this information on our behalf to evaluate your use of the app, compile reports about your app activities, and provide other services relating to use of the app and the internet. The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. More information about Google's data protection regulations can be found here: http://www.google.at/intl/de/policies. You can prevent the storage of cookies by changing the appropriate setting in your browser software. In this case, please note that not all app features can be used to their full extent. In addition, you can prevent the collection of data generated by the cookie and relating to use of the app (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
5.9. Our contact details
If you have any questions or concerns regarding the processing of personal data, please contact us: STARSPED Speditionsgesellschaft m.b.H., IZ-NÖ-Süd, Straße 14, 2355 Wiener Neudorf, datenschutz@starsped.com or LKW Walter Internationale Transportorganisation AG, IZ NÖ Süd Straße 14, 2355 Wiener Neudorf, datenschutz@lkw-walter.com.

6. User obligations

6.1. You are prohibited from any abusive use of the app. In addition, you are prohibited from any action that is appropriate to ensure proper operation or use or viewing of the app.
6.2. You are obliged to provide all the data you entered into the app truthfully and correct, as well as keep it up-to-date. If this data is overtaken or incorrect, or if we believe that this data is outdated or inaccurate, we are entitled to request that you update or correct this data by email, phone or via the app.
6.3. You are obligated not to disclose your log data or other data or information (such as freight documents) entered into the app to a third party. You are fully responsible for all actions performed using your log data. You are obliged to inform us by email to austria@starsped.com of any misuse of your password or pincodes or the services as well as any other infringement of legal regulations or the provisions of these Terms of Use, which you have been aware of. For your own security, you must ensure that you log out after each use of the app.
6.4. You hereby undertake not to transmit any offensive, racist, violence-glorifying, discriminatory, offensive, offensive, pornographic, moral or criminal relevant contents (texts, photos, links, etc.) via or with the app.
6.5. We recommend that you secure all device data (e.g., photos, contacts, etc.) as a backup externally (e.g., hard disk or storage media) at regular intervals and protect your terminal with appropriate technical means against malicious software or the surveillance of data, data access and data alteration (e.g., installing anti-virus software) because we exclude any responsibility and/or liability for data loss or data loss on your device.
6.6. We reserve the right to revoke the rights of use of the app and/or the affected user, either temporarily or permanently, in the event of violations of one or more provisions of these Terms of Use, as well as without prejudice to further rights against the user concerned from any use of any or all of the services.

7. Warranty, liability and right to amend

7.1. We have made reasonable efforts to ensure that the app and the Services and information provided at the time of its provision are appropriate for the purpose of the Agreement, but can not guarantee this.
7.2. The app and the services offered are subject to availability. We are at any time entitled to modify, delete or add new services, or to allow the use of certain services only under certain conditions, or to discontinue the operation of the entire app, without giving reasons and without a separate announcement. We do not guarantee that the app or services is intended to meet your personal requirements, is suitable for a certain purpose or is available at all times without interruption, safely and error-free. We also do not guarantee that the app or services is working flawlessly at all times or that errors in the hardware or software are remedied.
7.3. We shall be liable for damages - irrespective of the legal basis - only in cases of intent and gross negligence. In the case of minor or gross negligence, we shall only be liable for damage resulting from injury to life, limb or health.
7.4. In addition, we are only liable for the amount of the typically foreseeable positive damage. We are not liable for (i) loss of profit, (ii) indirect or other consequential damages, (iii) loss or damage of data, and (iv) accidental damages.
7.5. We are also not liable for damages caused by: (i) improper or incorrect use of the app by the user; or (ii) arising due to an immediate termination of the use of the app (by you or us) as per section 8.2.

8. Changes, duration, termination

8.1. We are entitled to change these Terms of Use for the future at any time. Changes can only be made in writing (electronically). Such changes will be displayed after you have logged in to the app; the current usage conditions are also available in the app at any time. In order to continue using the app, you must explicitly accept the changed Terms of Use.
8.2. The rights to use of the app are granted indefinitely. The use of the app can be terminated by you or us at any time without giving any reason with immediate effect. Termination by you is effective only if you notify us of such by email; you can contact us at austria@starsped.com. An automatic termination occurs if the modification of the Terms of Use is not accepted.

9. Applicable law, court of jurisdiction, severance clause

9.1. All disputes within the Terms of Use and the app are governed exclusively by Austrian law, with the exclusion of any and all principles on conflict of law as set out in Austrian international private law and of the UN Convention on Contracts for the International Sale of Goods.
9.2. The exclusive court for all disputes is the Commercial Court of Vienna.
9.3. Should a provision of the Terms of Use be invalid or incomplete, the validity of the remaining provisions shall remain unaffected. The ineffective or incomplete provision shall be replaced by an effective or complete provision which comes closest to the content and purpose of the ineffective or incomplete provision.