Terms of Use
THESE TERMS OF USE (THE "TERMS OF USE") ARE ISSUED BY GEORG FISCHER AG, AMSLER-LAFFON-STRASSE 9, 8201 SCHAFFHAUSEN, SWITZERLAND AND ITS DIRECTLY AND INDIRECTLY HELD COMPANIES (TOGETHER, "GF"). THEY APPLY TO EVERYONE WHO ACCEPTS AN INVITATION AND USES A MICROSOFT 365 APPLICATION FOR THE PURPOSE OF COLLABORATION, SUCH AS SHAREPOINT ONLINE, ONEDRIVE, TEAMS, PLANNER OR FORMS (HEREINAFTER "M365"), WHETHER YOU ARE A GF EMPLOYEE OR EXTERNAL PARTY. BY ACCEPTING THE INVITATION AND THE USE OF M365 APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCEPT THE INVITATION OR THE USE M365 APPLICATIONS HOSTED BY GF.
SHOULD YOU BE ACTING ON BEHALF OF A COMPANY OR ORGANIZATION WITH WHICH GF COOPERATES, BY ACCEPTING THE INVITATION YOU ALSO CONFIRM THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE.
IF YOU HAVE ANY QUESTIONS, PLEASE CONSULT YOUR CONTACT PERSON AT GF PRIOR TO USE.
The headings used for each of the paragraphs of these Terms of Use do not affect its interpretation. The reference to a "person" is a reference to an individual, a body corporate and an unincorporated association of persons. "You" means a participant or user. "We" or "us" means GF. “Personal data” means information relating to an identified or identifiable person. "Sensitive Personal data" is a sub-category of Personal data whose nature is sensitive as it relates to the data subject's most intimate sphere or whose misuse could have a significant impact on the data subject.
Application of Terms of Use
Only with your acceptance to these Terms of Use, will you have active access to M365 applications, read Content and use features, and - depending on the type of licence - install the application and use it in the browser or online. If you do not agree to these Terms of Use, access is not available to you.
Intended purpose
The main purpose of M365 is to enable mobile working for its own employees and to network the GF group companies. The services and functions available in M365 are used to create and save Content, arrange appointments and communicate. In order to achieve an equally effective exchange of information with external parties, they are also able to use the functions of M365 as guests (without an Office 365 account in the GF environment). As a result, GF can network employees and external parties and work on projects together without having to be at the same location.
Scope of service and termination
The services provided by GF depend on the currently available and activated functionality of M365. GF provides this technical functionality to you free of charge but does not guarantee its availability. You do not have a right to the use of M365 and to the availability of certain applications or features of M365. GF is entitled, at any time, to change the applications and features in M365, make available new applications and functions, and wholly or partially discontinue the provision of M365 and its applications and features without justification.
GF is entitled to reject any registration request without providing reasons.
As part of its technical and operational means, GF strives to provide M365 with a minimum of disruptions. However, technical faults (such as power outages, hardware and software errors, and technical problems in data lines) may cause temporary limitations and disruptions.
Responsibility
You are responsible for all posts made by you in M365, the information, Content, and documents you provide, as well as other interactions within M365 (such as comments, shares, likes) (joint Actions). GF assumes no responsibility for the Actions performed by you. GF does not guarantee that posts, information, Content, and documents (joint Content) posted by you in M365 are complete, applicable, lawful, current, or suitable to achieve the purpose described therein. GF does not check Content for completeness, accuracy, lawfulness and timeliness and does not endorse Actions. GF does not have influence on the Content of linked third-party websites. GF assumes no liability for the accuracy and completeness of such websites and the information contained therein.
“Need to Know” principle
The need to know principle applies to all processing of Content in and from M365. Within a joint team, Content may only be forwarded to those persons who require this information in order to perform their duties.
Confidentiality and classification of information
You observe the confidentiality of operational and business information. It is important to ensure that Content containing confidential information specifically Content with business or trade secrets, is only made accessible to the respective authorised group of persons.
Intellectual property
External parties may not assert any patent rights, trademark rights, or other rights on Content from M365 for either themselves or third parties, unless the rights holder has given their prior written consent or if authorization is regulated in the contract upon which the usage is based, e.g., in an order or project contract.
Data security
GF applies, and ensures that its service providers apply, technical and organisational security measures that are appropriate to protect Personal data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access and against all other unlawful forms of processing.
Access and passwords
Access to M365 must be blocked even during brief periods of absence; computers must be shut down during extended periods of absence from the workstation. Passwords (and PINs) must not be forwarded to unauthorized persons, i.e., to persons who do not require access to M365 in order to complete a job or a business contractual relationship. Strong passwords are to be selected based on the state of the art and are to be kept secret. Passwords used to access M365 must not be used multiple times for other purposes.
Cyber security
E-mails and other data with suspected malicious code, viruses, or spam may be put into quarantine or deleted centrally and automatically at the discretion of GF. Personal evaluations of data which arise from the use of M365 are possible for system administration, i.e., in particular for the analysis and rectification of system problems, to ensure IT, operational, and information safety, and to aid maintenance. This also applies to measures to prevent cyberattacks. In certain cases, a forensic examination of the hardware used is also possible. Data from the operating system, components related to operating systems, traffic data from Internet services, and tool-related data can be logged for these purposes and may contain Personal data.
Mobile devices
The use of M365 with notebooks, smart phones, and tablets demands special safety precautions. Mobile devices must not be left unsupervised in freely accessible places. If the external party’s IT department has not prescribed and set safety settings, the external party must do this independently. PIN or password entry and the activation thereof when the mobile device is not in use must be switched on. If an incorrect code is entered several times (with smartphones and tablets plus as far as possible in other cases), further login processes must be blocked or delayed. The operational data of GF, in particular address books and e-mails, must not be saved with other third-party providers or synchronized via other clouds without the separate approval of those responsible for the project at GF. GF must be notified immediately of the loss of devices if there is a risk that access data or data from GF could fall into unauthorized hands. If possible, the data should be deleted remotely and the theft or loss must be reported.
Reporting obligations
External parties must report any indications of data protection breaches, of misuse, of safety-relevant weaknesses, or of safety-relevant incidents (e.g., unauthorized data accesses or approvals) to the respective contact person at GF immediately.
Prohibited use on private devices
The use of M365 on private devices, i.e. devices that are not officially provided by GF, is prohibited unless the private devices have been cleared for this purpose based on a separate regulation.
Intellectual property
The Content available within M365 may be protected by copyright or other property rights and may be owned by GF or other third parties who have provided the Content. The compilation of the Content as such may be protected as a database or database product according to the respectively applicable law. You may only use this Content in accordance with these Terms of Use and in compliance with the respective rights of GF or other third parties.
Special Terms of Use for "Microsoft Teams"
By choosing to participate in a GF hosted Teams meeting (Teams), you are deemed to agree with these Terms of Use. Please read them carefully.
Recording notification
Teams meetings may be recorded by the "Chairperson" for the purpose of drafting meeting minutes or the purpose of GF internal or external trainings. By participating in the Teams meeting, you agree with the recording. If you do not agree, you must not participate in the Teams meeting.
Please note the following:
- No participant other than the Chairperson or his/her specified delegate is permitted to record the Teams meeting. If you are not the Chairperson/ delegate, you must not enable any recording functionality. If the Chairperson suspects that another participant is recording the meeting, the Chairperson must take steps to ensure such recording is stopped (up to and including halting the meeting and/or ejecting participants).
- If the Teams meeting is being recorded, you will be alerted by an audio announcement when the recording commences and an on-going visual notification of the Teams meeting window, including the name of the person who is recording. Please note that you will only hear the audio announcement if you connect by telephone (and not if you connect to audio through your computer) and will only see the visual notification if you are using a Teams meeting screen. The announcement via telephone does not state the name of the person who is recording.
- Teams shows a notification to all participants on the Teams desktop, web, and mobile apps, as well as to people who joined via phone.
- Please refrain from making any private non-business related statements during the recorded sections of the Teams meeting.
- If you are the Chairperson/delegate, before recording, you should:
- ensure that all participants have received an invitation including this Legal Notice;
- advise the participants that the meeting is going to be recorded;
- advise the participants of the permitted business purpose, as provided above, for which the recording will be used; and
- advise that if any participant does not consent to the recording, they must leave the meeting immediately.
The recording may be made accessible to other persons in other jurisdictions on a need-to-know basis.
If you ask any other person to participate in the Teams meeting, you must forward the invitation, including this Legal Notice, to such person.
Recordings of Teams meetings are stored on OneDrive. They will be retained only for as long as they are needed to meet the purpose for which they were made. The Chairperson is responsible for the deletion recordings of Teams meetings.
It is voluntary for all participant to decide whether they want to activate the camera on their device, which they are using to join a Teams meeting. If a user chooses to activate the camera during the recording of a Teams meeting the video footage will be part of the meeting recording and it will be processes as described in the Terms of Use and the Privacy Information below.
Code of Conduct
You are obliged to GF to comply with GF`s Code of Conduct when using M365. Courtesy towards colleagues and external parties and respect for other opinions must always be maintained.
General Provisions
If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms of Use.
GF's rights under these Terms of Use may be exercised as often as necessary. They are cumulative and not exclusive of rights or remedies provided by law, rules and regulations. They may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. An express or implied waiver of any of the provisions, or any breach of or default in performing any of the provisions, of these Terms of Use will not constitute a continuing waiver, and any such waiver will not prevent the waiving party from subsequently enforcing any of the provisions of these Terms of Use not waived, nor from acting on any subsequent breach of or default by the other party under any of the provisions of these Terms of Use. Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail, unless the document is a statutory or other official document.
Amendment
GF reserves the right to vary or amend these Terms of Use at any time and GF is under no obligation to inform you about such variations or amendments.
No liability
Neither GF nor any of its affiliates, directors, employees, advisors or agents will be liable to you for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and regardless whether the damage was foreseeable or not. Neither GF nor any of its affiliates, directors, employees, advisors or agents will be liable for any damage or loss (especially loss of data, alteration of data, or downtime) that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access or use of M365 applications hosted by GF.
Governing Law / Place of Jurisdiction
These Terms of Use shall be governed by and interpreted in accordance with Swiss law, excluding any conflict of law provisions, and we and you each submit irrevocably to the exclusive jurisdiction of the competent courts of Schaffhausen, Switzerland.
Contact
If you have any questions relating to these Terms of Use, please contact GF's Corporate Data Protection Officer at Georg Fischer AG, Amsler-Laffon-Strasse 9, 8201 Schaffhausen, Switzerland, or at dataprotection@georgfischer.com.
Latest update: February 2021