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LEGAL INFORMATION

Imprint

Imprint

Rail International GmbH 

Dolziger Strasse 19 

10247 Berlin 
Germany 

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info@rail-international.com

+49 (0)30 498 533 22

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Registered Seat 

Berlin 

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Commercial Register

AG Berlin HRB 1895894 

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VAT Identification Number 

DE 313752556 

 

Bank 

IBAN DE 69 1007 0024 0939 1913 00;

Deutsche Bank Berlin, BIC /

SWIFT DEUTDEDBBER 

 

Managing Director 

Frank Theileis 

Terms of Use

Terms of Use

1. Terms of Use
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1.1

Any use of this web site provided by Rail International GmbH and/or its affiliates is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. With log-in, or where a log-in is not required, in accessing or using this Web Site these Terms of Use are accepted in their then current version.  

 

1.2

If the User uses this Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply. 

 

 

2. Services 
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2.1

This Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading. 

 

2.2

Rail International GmbH may stop the operation of the Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Rail International cannot accept any liability for the continuous availability of this Web Site. 

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3. Password and Registration 

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3.1

Currently no pages of the Web Site are protected by passwords.  

 

3.2

For contact information the User shall give accurate information and, where such information changes over time, update such information without undue delay. The User shall ensure that its e-mail address, as supplied to Rail International GmbH, is current at all times and an address at which the User can be contacted.  

 

3.3

The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User contact information. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Rail International GmbH thereof without undue delay in writing, or, as the case may be, by e-mail.  

 

3.4

The User may at any time request termination of its contact information in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Rail International GmbH will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed. 

 

 

4. Documentation, Software and Right of Use for Information 

 

4.1

The use of any information, software and documentation made available on or via this Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Rail International. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use. 

 

4.2

Rail International GmbH grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Rail International GmbH in making same available. 

 

4.3

Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use. 

 

4.4

The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof. 

 

4.5

§§ 69a et seq. of the German Copyright Law shall not be affected hereby. 

 

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5. Intellectual Property 

 

5.1

Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Rail International. 

 

5.2

Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded. 

 

5.3

Rail International GmbH may, without charge, use any ideas or proposals stored by a User on the Rail International GmbH Web Sites for the development, improvement and sale of its products. 

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6. Duties of the User 

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6.1

In accessing or using the Web Site the User shall not: 

- breach public morality in its manner of use 

- violate any intellectual property right or any other proprietary right, 

- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data, 

- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful, or 

- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid  game or similar activity. 

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6.2

Rail International may deny access to the Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use. 

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7. Hyperlinks 

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The Web Site may contain hyperlinks to the web pages of third parties. Rail International GmbH shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Rail International GmbH does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User. 

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8. Supplementary Agreements  

 

8.1

Any supplementary agreement requires the written form. 

 

8.2

The individual pages of the Web Site are operated and administered by Rail International GmbH and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Rail International GmbH makes no representation that information, software and/or documentation on the Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Web Sites’ information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Rail International GmbH, the User should contact the Rail International GmbH representative for the particular country for country specific business. 

Place of Jurisdiction and Applicable Law

Place of Jurisdiction and Applicable Law

1. Place of Jurisdiction

The place of jurisdiction shall be Berlin if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch). 

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2. Applicable Law

These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – by the law of Germany, to the exclusion of its conflict of law rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

Pivacy Policy

Privacy Policy

Rail International GmbH is pleased about your interest in our sites and our scope of service. The protection of your privacy when using our online platform is very important. Normally we do not process personal data. If personal data is processed, we observe the applicable data protection laws.  

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1. General information about data processing 
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1.1
Scope and purpose of processing of personal data 

In principle, Rail International does not collect and use your personal data. The usage only happens in such an extend necessary to provide a functional website. If your personal data is used then only after your consent. An exception to this applies in cases where the processing of the data is permitted by law. 

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1.2
Legal basis for data processing 

Processing of your personal data is based on the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). 

If you have given your consent to the processing of personal data for specific purposes, the legal basis for processing of personal data is Art. 6 (1)(a)GDPR. You can withdraw your consent at any time. Please remember that the withdrawal is only effective for the future. Processing based on consent before its withdrawal is not affected. 

Processing of personal data in the context of the performance of a contract to which you are a party or in order to take steps prior to entering a contract at your request is based on Art. 6 (1)(b)GDPR. The purposes of data processing are governed by the respective contract documents and the subject matter of the contract. 

If processing of personal data is necessary to comply with a legal obligation to which we are subject, Art. 6 (1)(c)GDPR serves as a legal basis. 

If processing is necessary for the purposes of the legitimate interests pursued by Rail International GmbH and if your interests, fundamental rights and freedoms as data subject do not override the aforementioned interest, Art. 6 (1)(f)GDPR serves as the legal basis for processing. 

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1.3
Data erasure and retention period  

Rail International processes and store your personal data for as long as this is necessary to satisfy the respective purpose. In addition, such storage may take place in order to comply with a legal obligation by Union or Member State law, regulation or other provision to which we as controller are subject. If the data is no longer necessary or if a retention period prescribed by the aforementioned laws has expired, your data will be erased on a regular basis.  

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1.4 
Transfer of personal data to a third country or to an international organisation 

A transfer of data to countries outside the EU/EEA (so-called third countries) will only take place as it is necessary or required by law, you have given your consent or as part of data processing by a processor. If service providers in third countries are deployed, in addition to written instructions, they are required to comply with data protection standards in Europe by agreeing on the EU standard contractual clauses. 

 

1.5
IT security and links to third party websites 

Rail International GmbH uses technical and organisational security measures to protect your data that we manage against accidental or intentional destruction, manipulation, loss or access by unauthorised persons. These safeguards are constantly being developed in accordance with the respective new technical possibilities. 

Our websites may contain links to the websites of other providers. Our Privacy Policy does not apply to these websites. 

 

1.6 
Profiling and automated decision-making 

Rail International GmbH do not use fully automated decision-making pursuant to Art. 22 GDPR. Rail International GmbH does not use “profiling”.  

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1.7
Sources of your personal data 

Rail International GmbH uses data that received from you. 

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2. Data processing on own servers and creation of log files

Rail International does not operate own servers. Therefore any data collection – e.g. the name of your Internet service provider, your IP address, the website from which you are visiting us, the websites you visit on our website and so on is not collected by Rail International GmbH.

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3. Data processing through our contact forms 

The website has contact forms that can be used to contact Rail International electronically.  

To use the contact forms, you must fill mandatory information in the respective input mask marked by an asterisk (e.g. your e-mail address). All other information is optional for you. This personal data will be sent to a department of our company that is responsible for processing and stored in our systems. At the time of sending your message, the date and time of the entry will be saved. Rail International GmbH is taken your consent for processing of the data as given once you sent your message.  

The data filled in the input mask will be used exclusively to process your inquiry. 

The legal basis for the processing of your personal data is Art. 6 (1)(a)GDPR.  

The data will be erased as soon as the communication process is completed. 

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4. Use of cookies 

We use cookies to enable you to make the best possible use of the website. Cookies are text files that are stored in the Internet browser or saved by the Internet browser on the terminal device of the user. If a user visits our website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string that allows clear identification of the browser when the website is accessed again. 

In the following, we provide you with general information about the use of cookies on our website and the associated processing of personal data. For further information on specifically used cookies, please refer to the Rail International GmbH Cookie Policy published on this website. 

 

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5. Your rights as data subject 

If your personal data is being processed, you are the data subject pursuant to the GDPR and you have the following rights: 

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5.1
Right of access (Art. 15 GDPR) 

Upon request you can obtain from Rail International GmbH confirmation as to whether or not your personal data is being processed. If this is the case, you can request Rail International to give you access to the information provided for by law (see Art. 15 (1)GDPR). Rail International GmbH will also notify you of appropriate safeguards pursuant to Art. 46 GDPR in the context of data transfer, in case your personal data is being transferred to a third country or to an international organisation. There are restrictions according to Sections 34 and 35 BDSG. 

 

5.2
Right to rectification (Art. 16 GDPR) 

You have a right to rectification and/or completion if the processed personal data is inaccurate or incomplete. Rail International GmbH has to rectify the data without due delay. 

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5.3
Right to restriction of processing (Art. 18 GDPR) 

Provided that the legal requirements are met (see Art. 18 (1)GDPR), you have the right to restrict processing of your personal data. For consequences of the restrictions please refer to Art. 18(2) and (3) GDPR .  

 

5.4
Right to erasure (Art. 17 GDPR) 

You have the right to demand from Rail International GmbH erasure of your personal data without undue delay, and we are obliged to immediately erase this data if any of the reasons pursuant to Art. 17 (1)GDPR applies. The right to erasure does not apply in cases of Art. 17 (3)GDPR. Furthermore, there are restrictions pursuant to Sections 34 and 35 BDSG.  

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5.5 
Right to notification  

If you have exercised your right to rectification, erasure, or restriction of processing, Rail International GmbH is obliged to notify each recipient to whom the personal data have been disclosed of this rectification, erasure, or restriction of processing, unless this proves impossible or involves disproportionate effort. Rail Internatioanl GmbH has to inform you about those recipients upon your request.  

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5.6
Right to data portability (Art. 20 GDPR) 

You have the right to receive your personal data that you have provided in a structured, commonly used and machine-readable format. For details please refer to Art. 20 GDPR. 

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5.7
Right to object (Art. 21 GDPR) 

You have the right to object at any time to the processing of your personal data that is based on Art. 6 (1)(e) or (f)GDPR on grounds relating to your particular situation. Further details can be found in Art. 21 GDPR. 

In addition, you have a right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR in conjunction with Section 19 BDSG.

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6. Name and contact details of the controller 

Frank Theileis 

Rail International GmbH 

Dolziger Strasse 19 

10247 Berlin 

Stand: Version 1.0, 04.04.2020 

Use of cookies
Exclusion

Exclusion of Liability and Copyright

1. Content of Online Content 

Rail International assumes no liability for currentness, correctness, completeness or quality of provided information. Rail International assumes no liability for damages of either material or intellectual nature which result from use or non-use of provided information. 

Rail International expressly reserves the right to change, supplement or delete all or parts of the website or its offerings without notice, or to discontinue publication either temporarily or permanently. 

 

2. References and Links 

Rail International includes links to third parties. The publishers of the websites to which these links make reference are solely liable for their contents, and particularly for damages which result from use or non-use of their information.  

 

3. Legal Validity of this Exclusion of Liability 

This exclusion of liability is an integral constituent of our Internet offerings, from which due reference has been made to this page. In the event that portions of, or individual formulations included within this text do not, or no longer comply with valid law, either in part or in their entirety, the remaining portions of this document, including their contents and validity, remain unaffected. 

 

Copyright 2020, Rail International GmbH. All rights reserved. All images, graphics, texts, audio, video and animation data files included in this website are subject to copyright law, as well as other laws regulating the protection of intellectual property. Reproduction, modification or use in other electronic or printed publications is prohibited without the express consent of Rail International GmbH. 

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