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Qiata

Data Protection Impact Assessment​

Here you’ll find an overview of the Technical and Organizational Measures (TOMs) designed to support your Data Protection Impact Assessment. If you have any questions, feel free to reach out to us at datenschutz@secudos.de or contact our CTO directly.

Data privacy​

Product Information

  • Manufacturer: SECUDOS GmbH (www.secudos.de)
  • Product: Qiata
  • Installation Type:
    • Qiata Business Edition (OnPremise)
    • Qiata Online Edition (dedicated installation in the data center of a SECUDOS partner)
  • Product Code: Q-SWA 15/30/50/100/150/250/500/750/Unlimited and/or Q-HWA Entry/Business

Product explanation Qiata Qiata is the secure file exchange platform. With Qiata, companies can exchange files of any format, size and sensitivity with any recipient in a simple, secure and traceable way.

Qiata builds on the customer's existing infrastructure. The virtual instance is operated by the customer. The Qiata application is delivered including the operating system. The supplied operating system DOMOS is also from the manufacturer SECUDOS GmbH.

How does a simple file transfer with Qiata work?​

Dateiversand Qiata

  1. A user sends the desired files and/or folders including a subject and a message to any recipient. For this only the e-mail address is is necessary. All information is transferred securely via SSL.

  2. Qiata processes all information and performs all necessary checks (guidelines, virus scan, quota checks, etc.). All processes are logged in a legally audit log. The files are stored in an AES-256 bit encrypted format.

  3. All data and information are transferred to the connected e-mail server. The e-mail contains all necessary information for the recipient. No additional software is required.

  4. The mail server sends one mail (if necessary two mails, one additional with personal access data) to the recipient.

  5. The recipient receives all necessary information about the delivered files in the mail. This includes information such as the expiration date, the size of the files received, and the middle messages written by the sender.

  6. Via the transfer download link, he can easily access and download all the files via web browser. During the download, the files encrypted on the Qiata are decrypted and files on the Qiata are decrypted and made available for download. 7.

  7. After the recipient has accessed the files and a delivery of the files has been carried out, the sender receives (if required) a corresponding information about whether, when and how often the recipient has downloaded the files.

What does Qiata store from internal users during a transfer?​

Here in the example (picture): The user john.doe@secudos.com sends some files.

Visible and logged in the audit log is the user name, the event, the time of the action, as well as the IP and port from where the action was performed. Qiata needs the IP of the user for the "Restricted Access" function. The "Restricted Access" function offers the possibility to grant users and administrators access to Qiata only from a certain IP address range.

Audit-Log

What does Qiata store from external recipients when downloading provided files?​

The user name, the event, the time of the action, as well as the IP and the port are stored in the audit log of the external recipient. (Example: Image)

Speicherung der Daten

Where does Qiata store this data and who can view it?​

Every action on Qiata is logged in the so-called audit log. The audit log is audit-proof and provides complete traceability of all processes. Access to the audit log is stored in the rights management and can be assigned to individual administrators. A pure auditor account can also be mapped in this way. Basically, data is only stored on the respective Qiata system. Neither telemetry data are generated/sent nor do third parties have access to the system or its data. data.

When will this data be deleted by Qiata?​

Qiata comes with an automatic archiving and deletion function. It can be defined in groups exactly when which transfer is archived or deleted. The status can also be relevant. It can be distinguished whether the recipient has already downloaded the files or not yet. And whether the transfer is still active or has already expired. The data including a copy of the audit log can then be archived on another internal system (e.g. FTP) or deleted at the desired time. The audit log is excluded from the deletion process and it is continued permanently.

What access does SECUDOS have to this data/general Qiata data or what does Qiata/DOMOS transmit to SECUDOS?​

Basically, data is only stored on the respective Qiata system. Neither telemetry data is generated/sent nor do third parties have access to the system or its data. There are no maintenance accesses / backdoors that allow SECUDOS to access data / information.

As soon as the operating system DOMOS checks for updates (for DOMOS and Qiata), the following data will be sent to SECUDOS for allocation and check for Legitimacy of the update / valid license:

  • IP address of the Qiata instance and license number of the Qiata software.

Management, Data Protection Impact Assessment and GDPR:​

The management and operation of the Qiata solution is the responsibility of the respective customer. SECUDOS has no access to the system. All data is basically stored only on the respective Qiata system. Neither telemetry data is generated/sent nor third parties have access to the system or its data.

There are no maintenance accesses / backdoors that allow SECUDOS to access data / information. As soon as DOMOS checks for updates (for DOMOS and Qiata) in the supplied operating system, the following data is transmitted to SECUDOS for the purpose of allocation and checking the legitimacy of the update / valid license:

  • IP address of the Qiata instance
  • License number of the Qiata software

In case of support, only the customer himself can access the system. For the purpose of error analysis, an image transmission is established between the customer and our support in order to read out (if necessary) deeper details from the system. No personal data is stored or used in this process. If there is a need for a system report to be transferred to us for the purpose of error analysis, all unnecessary and sensitive information will be deleted from the log files.

Furthermore, the customer agrees that personal data may be stored by SECUDOS GmbH for the duration of the contractual relationship, as far as this is necessary to fulfill the purpose of the contract, especially for billing purposes. Within the inventory data, the telephone number is also stored in order to ensure quick availability in case of urgent inquiries, to confirm orders and for general customer contact. A transfer to third parties does not take place.

End User License Agreement (EULA)​

  • Qiata Business Edition (OnPremise)
  • Qiata Online Edition (dedicated installation in the data center of a SECUDOS partner)

Status: December 2022

§ 1 Subject matter, scope​

  1. These End User License Terms ("License Terms") govern the legal relationship between SECUDOS GmbH, Südfeld 9c, 59174 Kamen, Germany ("SECUDOS") and the customer ("End User") (collectively, the "Parties") for the use of the file exchange platform Qiata and, if applicable, related services and maintenance services described in the service description (docs.secudos.com).
  2. these license terms apply to entrepreneurs in the sense of § 14 BGB (German Civil Code), legal entities under public law or special funds under public law, as the services offered by SECUDOS are exclusively directed to persons who are not consumers in the sense of § 13 BGB, i.e. who use the services predominantly for their entrepreneurial, commercial or freelance activities.
  3. Unless otherwise agreed, the License Terms in the version valid at the time of the End Customer's order or, in any case, in the version last communicated to the End Customer in text form shall apply as a framework agreement also to similar future contracts, without SECUDOS having to refer to the validity of these License Terms again in each individual case.
  4. Legally binding declarations and notifications of the End Customer with regard to the contractual relationship (e.g. setting of deadlines, notice of defects, rescission or reduction) shall be made in writing, i.e. in written or text form (e.g. letter, e-mail or comparable). Statutory provisions and further evidence requirements, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected.
  5. Any deviating, conflicting or supplementary terms and conditions of the End Customer shall only become part of these License Terms if and to the extent SECUDOS has expressly agreed to their application. The consent requirement shall apply in any case, e.g. also if SECUDOS grants rights of use according to these License Terms or provides maintenance services with knowledge of the End Customer's general terms and conditions.

§ 2 Changes to the License Terms​

  1. SECUDOS reserves the right to notify the End Customer in text form of any changes to these License Terms two (2) months before they become effective ("Change Notice"). If the End Customer does not object to the amendments within four (4) weeks after the Amendment Notification, the amended version of the License Terms shall apply between the parties. SECUDOS is obliged to inform the End Customer of this consequence in the Amendment Notice.
  2. If the End Customer objects to the amendment, the license terms of the last agreed version shall remain valid until the expiry of the period of validity of the Qiata or Qiata Service last purchased by the End Customer.

§ 3 Offer and Conclusion of Contract​

  1. The offers of services for Qiata presented by SECUDOS on the Website or otherwise communicated or published are subject to change and non-binding. This shall also apply if SECUDOS has provided the End Customer with documents.
  2. After an inquiry by the End Customer, also via its system house (reseller) or a distributor, SECUDOS will send the End Customer an individual, non-binding service offer in electronic, written or text form (e.g. e-mail) with regard to Qiata.
  3. By ordering the services offered by SECUDOS individually and without obligation, the End Customer makes a binding offer to SECUDOS to conclude a contract on the terms and conditions set forth in the service offer and attaches the fully completed technical order form to the order as part of its binding offer ("Binding Order").
  4. Upon confirmation of the Binding Order by SECUDOS, the acceptance is declared and the contract is concluded on the terms and conditions set forth in the non-binding service offer of SECUDOS. SECUDOS may accept the binding order of the End Customer within two (2) weeks.

§ 4 Provision of Qiata​

  1. The time of provision of Qiata by SECUDOS results from the delivery period stated in the binding order. The delivery period shall commence when it is confirmed by SECUDOS in writing or in text form after the conclusion of these license terms.
  2. The provision and operation of Qiata are carried out exclusively by the end customer or by third parties commissioned by them.
    SECUDOS does not provide any hosting services, has no access to the systems or data, and bears no responsibility for their maintenance or operation.

§ 5 Rights of use​

  1. The End User is granted the non-exclusive, non-transferable and non-sublicensable right to install, load, display, run, copy and store Qiata to the extent granted by these License Terms.
  2. The end customer is prohibited from:
    • decompiling the provided program code of Qiata into other code forms as well as from performing other types of reverse engineering of the various production stages of Qiata, including program modification, from modifying Qiata in any other way or from permitting a third party to perform such an action, unless a case of Section 69e (1) UrhG applies.
    • creating derivative works from Qiata.
    • removing or changing copyright notices, serial numbers and other features serving to identify the program. The same applies to the suppression of the screen display of corresponding features.
  3. The End Customer may only reproduce Qiata to the extent that the respective reproduction is absolutely necessary for the use of Qiata within the scope of the rights of use granted under these license terms. This includes in particular the downloading and installation of Qiata from a temporary storage to the mass storage of the hardware used as well as the loading of Qiata into the working memory.
  4. In addition, the End Customer may make one copy of Qiata for backup purposes in the mandatory number and keep it for purely archival purposes. On each backup copy, the End Customer shall affix the copyright notice of SECUDOS.
  5. The removal of a copy protection or similar protection mechanisms as well as a copyright notice of SECUDOS contained in Qiata is not permitted.
  6. The End Customer is not permitted to use devices, equipment, software or data or to make interventions that may lead to changes in the physical or logical structure of the systems and services of Qiata or the networks of its wholesale suppliers.

§ 6 Setup of access data, access software for Qiata​

  1. SECUDOS (or a SECUDOS partner) shall set up the Qiata product variant selected by the End Customer on the basis of the technical information provided by the End Customer and shall send the End Customer by e-mail an Internet address for an administrator access ("Admin Access") together with access data. The operational provision of the services of SECUDOS shall be deemed to have taken place with the transmission of the Admin Access and the Access Data (Qiata Online Edition). The setup and operation of the Qiata systems are entirely the responsibility of the end customer or a SECUDOS partner chosen by them. SECUDOS has no access to these systems. In case of the provision of Qiata as Business Edition (on-premises product), the provision shall be deemed to have taken place with the transmission of the access data for the download area for the download of the installation package and the transmission of the license file for DOMOS (operating system see docs.secudos.com) and Qiata.
  2. the start date of the performance period shall be the calendar day of the license start date deposited on the invoice date.
  3. The End Customer shall immediately notify SECUDOS in writing of any change of its person, name or designation (including legal form, address, telephone number). Costs caused by a culpable delay in the transmission of such data shall be reimbursed by the End Customer to SECUDOS.
  4. SECUDOS is not responsible for any impairment of the use of Qiata occurring in the sphere of the End Customer after the opening of the Admin Access (in case of Online Edition) or the transmission of the access data for the download area for the download of the installation package and the transmission of license file for DOMOS and Qiata.
  5. To the extent that SECUDOS grants the End Customer the possibility to use Access Software, this shall be done solely for the purpose of access to Qiata, limited to the period of time during which the End Customer has been granted the rights of use by SECUDOS and exclusively within the scope of contractual use according to these license terms.
  6. SECUDOS shall provide the End Customer and the individual Users with a copy of the relevant Access Software in digital form by enabling the download from the SECUDOS website.
  7. SECUDOS shall not be liable for any installation or configuration services related to the Access Software. A certain quality of the access software is not owed. The functionality of individual access software is not a main performance obligation.

§ 7 Free and open source software​

  1. SECUDOS reserves the right to use components in the Qiata File Exchange Platform that are licensed under Free and Open Source Software Licenses ("FOSS Licenses") ("FOSS Components"). SECUDOS shall provide End Customer with a list of the FOSS Components and the applicable FOSS Licenses.
  2. Rights of use to the FOSS components are granted to the end customer directly by the respective rights holders.
  3. If and to the extent that SECUDOS assumes support, warranty, liability and indemnification obligations towards End Customers in these License Terms, such obligations shall apply exclusively in the relationship between SECUDOS and the End Customer. The relationship between the End Customer and the Rightholder shall be governed exclusively by the provisions of the applicable FOSS License. It remains unaffected by these license terms.

§ 8 Restriction of the possibility to use Qiata​

  1. SECUDOS is entitled to restrict or completely prohibit the use of Qiata and / or Qiata Services if the End Customer violates these License Terms or if there are other important reasons in the person of the End Customer or the individual Users managed by him. Any restriction or termination of use applies solely to the software license and not through access to the customer's systems or external actions, as SECUDOS has no access to the customer-owned systems.
  2. In case of a restriction or prohibition of the use of Qiata and/or Qiata Services according to clause (1) above, the End Customer shall bear the costs of the (partial) blocking of its Qiata ("Online Edition") and/or Qiata Services and, if applicable, the costs for the renewed activation according to the respective current price list. The End Customer may prove lower costs, SECUDOS may prove higher costs.
  3. SECUDOS is furthermore entitled to restrict or prohibit the use of Qiata if this is necessary for reasons of data integrity and/or data security.
  4. In addition to the cases mentioned in clauses (1) and (3) above, SECUDOS may limit or suspend the possibility to use Qiata at any time
    • if this is necessary to perform maintenance work to maintain the quality of DOMOS and Qiata. Maintenance work shall be announced to Customer with an agreed lead time;
    • if this is necessary to comply with a governmental and/or court order;
    • if this prevents End Customer SECUDOS from fulfilling its obligations under these License Terms;
    • if the use is obviously illegal or abusive; this includes in particular, without limitation, the use of Qiata for sending unsolicited e-mails to third parties, in particular for advertising purposes (spam mails) or for abusive posting of messages in newsgroups, in particular for advertising purposes (news spamming);
    • if the End Customer does not comply with the recognized principles of data security, in particular to keep user names and passwords secret or to change them immediately or to initiate changes, as well as if SECUDOS has reason to believe that unauthorized third parties may gain knowledge thereof.
  5. If SECUDOS publishes a free version of Qiata, this can be terminated by SECUDOS at any time.
  6. The End Customer has to inform SECUDOS immediately about restrictions of the possibility to use Qiata, if this is legally permissible.

§ 9 Responsibility of the end customer for content​

  1. The End Customer is solely responsible and bears sole liability for ensuring that it has the necessary rights to use its own or third party content in connection with its use of Qiata and that the use of such content is in accordance with the statutory provisions.
  2. It is not possible and is not obliged for SECUDOS to check contents of the End Customer for the infringement of intellectual and industrial property rights of third parties.
  3. The end customer is responsible for all activities carried out via his accounts. The End Customer undertakes not to disclose or otherwise make available the access data of the Accounts to any third party. End Customer agrees to notify SECUDOS immediately of any unauthorized use of Accounts. A violation of the above obligations entitles SECUDOS to terminate these license terms without notice for cause.

§ 10 Prices and Terms of Payment​

  1. Unless otherwise agreed in the purchase order, the prices according to the current price list of SECUDOS in Euro (EUR) applicable at the time of the conclusion of these license terms shall apply, plus statutory value added tax.
  2. The prices shall apply for the agreed term of these license terms. Any transfer fees or charges shall be borne by the End Customer (in addition).
  3. unless otherwise agreed in the order, the end customer shall pay the remuneration owed as specified therein in advance either annually or for the entire term; the payment term for invoices is noted on each invoice. In the event of default in payment, the statutory provisions shall apply, including interest at a rate of 9 percentage points above the respective prime rate). We expressly reserve the right to claim further damages for default.
  4. If, after the conclusion of these license terms, circumstances regarding the End Customer become apparent which significantly reduce the creditworthiness of the End Customer compared to the time of the conclusion of these license terms, or which give rise to doubts about the End Customer's ability and/or willingness to perform, and/or if the End Customer culpably defaults on payments within the scope of agreed payment terms, SECUDOS shall be entitled, irrespective of the originally agreed payment terms, to demand security for the payment amount still to be made by the End Customer for the remaining term of these license terms.
  5. In the cases of the aforementioned clause (4), SECUDOS shall also be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from these license terms (§ 321 BGB).

§ 11 Right of Assignment / Right of Retention​

  1. The End Customer shall not be entitled to assign its claims against SECUDOS. § Section 354a of the German Commercial Code (HGB) shall remain unaffected.
  2. Offsetting or the exercise of a right of retention is only permitted with undisputed or legally established claims. In addition, the exercise of the right of retention for the end customer is only permissible if the counterclaim of the contractual partner is based on the same contractual relationship.

§ 12 Technical notifications regarding Qiata, documents, data carriers​

  1. SECUDOS shall regularly inform the End Customer by e-mail newsletter about important technical changes and security-critical events concerning Qiata, which are of essential importance for the use of Qiata. If the contact person named by the End Customer does not want to receive the newsletter anymore, he has to name a substitute contact person to whom SECUDOS will then send the newsletter.
  2. all documents handed over or otherwise made accessible by SECUDOS to an End Customer shall always remain the property of SECUDOS, unless otherwise agreed or regulated.
  3. documents in the sense of these license conditions are the documentation as well as all catalogs, technical documentations, drawings, plans, invoices, manuals, performance descriptions or other carriers of information created or issued by SECUDOS, irrespective of whether they are embodied or electronically stored and whether they are directly perceptible or only perceptible by technical means.
  4. data carriers handed over to the End Customer by SECUDOS for the provision and performance of Qiata shall always remain the property of SECUDOS, unless otherwise agreed.
  5. Documents made available or otherwise accessible to all End Customers by SECUDOS may only be made accessible to third parties after prior consent has been granted by SECUDOS for the specific individual case.

§ 13 Term and Termination, Termination of Contract​

  1. Unless otherwise agreed in the order, these license terms have an initial term of twelve (12) months. They shall be renewed for additional twelve (12) months at a time unless terminated by either party upon three (3) months' notice to the end of the applicable term.

  2. The right to terminate for cause remains unaffected.

  3. Good cause for termination by SECUDOS exists in particular if

    • the End Customer uses Qiata beyond the extent permitted under § 5 of these license terms and does not remedy the violation within a reasonable period of time after a warning by SECUDOS.
    • the End Customer is in arrears with the remuneration owed or with a not insignificant part thereof for two consecutive months.
    • A good cause for termination by SECUDOS shall exist in particular if the End Customer is in arrears with a payment corresponding to two monthly payments over a period of more than two (2) months. Instead of an extraordinary termination for cause, SECUDOS may require the End Customer to provide an adequate security pursuant to § 10 para.
    • A good cause for termination by SECUDOS shall exist, in particular, if an application for the opening of insolvency proceedings against the assets of the End Customer is filed;
    • A good cause for termination by SECUDOS exists in particular if such proceedings are rejected or discontinued for lack of assets covering the costs of the proceedings;
    • the End Customer has voluntarily or involuntarily initiated proceedings for its dissolution, liquidation or winding-up;
    • the End Customer has ceased its business activities or is insolvent.

  4. In the event that the granting of the rights to use Qiata under these License Terms terminates for any reason whatsoever, End Customer shall cease to use Qiata and shall remove all installed copies of Qiata from its hardware equipment, computers or other devices and, at SECUDOS' option, promptly return to SECUDOS any backup copies it may have made and any documentation SECUDOS may have provided or destroy such copies.

  5. With the end of the granting of usage rights for Qiata under these license terms, the contractual relationship between SECUDOS and the end customer also ends.
    In this context, SECUDOS only stores the contact data necessary for the license agreement (e.g. name, company, contact person, email, billing address, license period).
    There is no storage, processing or access to any data from the Qiata systems operated by the end customer.
    SECUDOS does not provide hosting, nor does it have access to customer content or files.
    Qiata is operated either by the customer directly or by an independent external service provider not contractually affiliated with SECUDOS.

    After termination of the contract, the contact data stored by SECUDOS will be deleted unless legal retention obligations apply.In doing so, SECUDOS complies with the requirements of Art. 17(1) GDPR (right to erasure), Art. 19 GDPR (notification obligation regarding erasure), and Art. 20 GDPR (right to data portability),
    with regard to the contact data stored by SECUDOS. On request, the relevant data can be transferred in machine-readable formats such as XML, JSON, CSV, or ZIP.

    Further information about the type and scope of the data stored by SECUDOS, as well as the legal framework, can be found here.

  6. The obligations of SECUDOS to store data and files in order to comply with official orders or by law shall remain unaffected by the provision of § 14 paragraph (5) as well as the authority of SECUDOS to store individual data and files for as long as necessary to pursue civil claims against the End Customer.

§ 14 Liability​

  1. Unless otherwise provided in these license terms including the following provisions, SECUDOS shall be liable for any breach of contractual and/or non-contractual obligations in accordance with the statutory provisions.
  2. SECUDOS shall be liable for damages - irrespective of the legal basis - within the scope of fault-based liability in case of intent and gross negligence.
  3. In case of ordinary negligence, SECUDOS shall only be liable for damages resulting from injury to life, body or health, for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is a prerequisite for the proper performance of these license terms and on the observance of which the end customer regularly relies and may rely); in this case, however, the liability of SECUDOS shall be limited to the compensation of the damage that was foreseeable and typical at the time of the conclusion of the contract.
  4. SECUDOS shall not be liable for damages caused by simple negligence resulting from a breach of a non-substantial contractual obligation.
  5. Without prejudice to the legal ground of liability, SECUDOS shall not be liable for any indirect or consequential damages, in particular for loss of profit and loss of interest, unless the damage is due to intent or gross negligence of SECUDOS.
  6. The End Customer is obliged to take reasonable measures to prevent and mitigate damages, in particular the End Customer shall make regular backups of data files and perform security checks (in particular to prevent viruses, malware or other malicious software in the End Customer's IT systems).
  7. To the extent that liability is effectively excluded or limited pursuant to the above subparagraphs, this shall also apply to the personal liability of the employees, other staff, bodies, representatives and vicarious agents of SECUDOS.
  8. In case of force majeure, SECUDOS shall be released from the performance of its obligations as long as and to the extent that the impediment to performance persists. Events of force majeure shall in particular include strikes, lawful internal company labor disputes, war, riots, forces of nature, fire, sabotage attacks by third parties (such as by spam mails) or the loss of permits through no fault of SECUDOS, as well as the disruption of gateways by telecommunication networks which are not under the control of SECUDOS.
  9. The legal limitations of liability in favor of providers of telemedia services and/or telecommunication services for the public remain unaffected.

§ 15 Data Protection​

  1. To the extent the End Customer obtains Maintenance Services from SECUDOS and SECUDOS obtains access to personal data of the End Customer in this context, the End Customer shall enter into a commissioned processing agreement with SECUDOS pursuant to Art. 28 GDPR. For this purpose, SECUDOS GmbH provides a standardized template for download at docs.secudos.com.
  2. The end customer remains responsible for compliance with the provisions of data protection law and shall satisfy itself that the technical and organizational measures (TOMs) taken by SECUDOS and its partners are complied with (Art. 28 para. 1 GDPR). Pursuant to Art. 32 GDPR, SECUDOS and its partners shall take appropriate measures to ensure the protection of personal data. The list of these TOMs can be downloaded in the download area docs.secudos.com.
  3. the obligations towards the data subjects as well as their rights exclusively concern the end customer.
  4. Information on data storage and data generation during the use of Qiata are deposited in the section "Qiata Data Protection" on docs.secudos.com.
  5. SECUDOS undertakes to use only personnel for the processing of personal data who are bound to confidentiality according to GDPR and have been instructed about the regulations of GDPR, the Federal Data Protection Act and other data protection regulations. Furthermore, all employees of SECUDOS have been obligated to maintain the secrecy of telecommunications.
  6. If SECUDOS is of the opinion that an instruction of the End Customer violates the German Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG-neu) or other data protection regulations, SECUDOS shall immediately notify the End Customer thereof. Within the scope of these license terms and conditions, the persons of the End Customer authorized to issue instructions and control shall be named to SECUDOS upon request.
  7. SECUDOS shall inform the End Customer without undue delay in case of data protection-relevant disruptions and irregularities, in particular in case of reasonable suspicion of data protection violations and in case of corresponding audit results by supervisory authorities and/or other audit institutions, if these relate to data of the End Customer or also if its service activities are affected.

§ 16 Confidentiality Obligation and Confidentiality Agreement​

  1. SECUDOS and the End Customer agree to keep confidential information confidential. This obligation shall continue to exist for a period of two years after termination of these license terms, irrespective of the reason.
  2. confidential information is excluded from this obligation,
    • which was demonstrably already known to the Recipient at the time of conclusion of these Licence Terms or which subsequently becomes known to the Recipient from a third party, without any obligation of confidentiality, statutory provisions or official orders being violated thereby;
    • which are public knowledge at the time of conclusion of these license conditions or are made public thereafter, insofar as this is not based on a breach of these license conditions;
    • that are required to be disclosed by law or by order of a court or governmental authority. To the extent permissible and possible, the recipient obligated to disclose shall notify the other party in advance and give the other party the opportunity to oppose such disclosure.
  3. SECUDOS and the End Client shall only grant access to Confidential Information to those consultants who are subject to professional secrecy or to whom obligations corresponding to the secrecy obligations of these License Terms have been previously imposed. Furthermore, the parties shall only disclose the Confidential Information to those employees who need to know it in order to use Qiata and shall also oblige such employees to maintain confidentiality to the extent permitted by employment law for the time after their departure.
  4. If SECUDOS has transmitted or handed over documents to a potential end customer in the course of contractual negotiations and if these license terms are not concluded, the end customer shall, at SECUDOS' option, immediately return or destroy the relevant documents.

§ 17 Applicable Law, Written Form, Place of Jurisdiction​

  1. These license terms between SECUDOS and the end customer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
  2. Any amendments or supplements to these license terms shall be made in writing in order to be valid.
  3. If these license terms are translated into a language other than German, the German version of the relevant provision shall be authoritative and binding in cases of doubt as to content and interpretation. The German version of these license terms is available on the SECUDOS website at docs.secudos.com.
  4. The exclusive place of jurisdiction - including international jurisdiction - for all disputes arising directly or indirectly from the contractual relationship and all disputes in connection with the contractual relationship shall be the registered office of SECUDOS in Kamen. However, SECUDOS shall in all cases strive for an amicable settlement and shall first prefer to contact the arbitration court.
  5. SECUDOS shall also be entitled to bring an action at the place of performance according to these provisions or a prior individual agreement or at the general place of jurisdiction of the end customer. Prior statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.

Our general terms and conditions apply.