General Terms and Conditions – Kärcher Professional Service APP
§ 1 Scope
(1) The provision of Kärcher Service APP by Karcher PTY LTD ("Kärcher") and the services to be provided in this context are subject to these General Terms and Conditions (hereinafter "GTC"), which the user acknowledges ("accept") upon first use of Kärcher Service APP.
(2) Deviating conditions of the user are excluded, even if Kärcher does not expressly object to them.
(3) These GTC can be called up at any time in the Service-APP under the menu item "Legal".
(4) Kärcher's offer to download, install and use Kärcher Service APP is not directed at consumers, but only at companies based in Australia. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Contractual service / purpose of the contract
(1) Kärcher provides the user with the "Kärcher Professional Service APP" software free of charge for operation on Internet-enabled mobile devices, such as smartphones. With Kärcher Service APP, the user can use the services described below subject to their availability and functionality:
(2) With the Kärcher Service APP the user can:
a) inform Kärcher that he needs a service (e.g. the maintenance of one of his Kärcher products) and would like to be contacted for this purpose:
The button "New service request" allows the user to request a service, e.g. repair or maintenance, by specifying the machine location, machine type and error definition. At the end of the process, all information provided is displayed in an overview. After clicking the "Create" button, the service message is sent to Kärcher and the user is confirmed that the request has been sent. Kärcher will then contact the user to clarify and agree on the details of the request. The status of a service notification can be called up at any time under "Service notifications". Sending the service message is merely a means of contacting the user and not a legally binding contractual offer of the user.
b) store and manage own data (e.g. name, address, customer number, existing machines, machine locations etc.) in Kärcher's databases:
c) By entering data on the pages "Registration", "My Profile" and filling in the fields on the pages "Locations & Machines", the user can manage the data stored about him at Kärcher. After pressing the "Save" button, the data inserted by the user is transmitted to Kärcher and stored there in the customer database.
d) Get contact information about Kärcher.
(3) The deliverables of the Kärcher Professional Service APP do not include the Internet access required for its use. For this as well as for the technical requirements, the actuality of the required software, the configuration and the performance of the end device the user has to responsibility at his own expense.
§ 3 Intellectual Property
(1) The user of Kärcher Service APP is only entitled to use it within the framework provided in § 2 (contractual performance/purpose of the contract).
(2) In particular, the user is not permitted to copy and/or process Kärcher Service APP in whole or in part, unless Kärcher has expressly agreed to this in advance.
§ 4 Damages, limitation of liability
(1) In the event of a breach of an obligation, Kärcher shall only be liable for the fulfilment of the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In all other respects, liability for damages of any kind, regardless of the basis of the claim, is excluded.
(2) If Kärcher accepts any liability at any time, liability is limited to the damage that Kärcher has been notified of at the time the contract was concluded.
(3) The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties whose services Kärcher uses to fulfil the contract.
§ 5 Storage of data, data protection
(1) Kärcher collects, uses and stores the user's data to the extent necessary for the provision of the contractual service. When processing the user's personal data, Kärcher observes the statutory provisions.
(2) Details can be found in the Kärcher "Data protection Kärcher Service APP", which the user has confirmed when using Kärcher Service APP for the first time.
§ 6 Place of jurisdiction, applicable law, final provisions
(1) These terms and conditions and the entire legal relationship shall be governed by laws of the State of Victoria, Australia.
(2) The contract concluded between Kärcher and the user contains all agreements made between the parties regarding the subject matter of the contract.
§ 7 Provider identification, address for notices
Kärcher's address for notices is:
Karcher Pty Ltd
40 Koornang Road
Scoresby VIC 3179
Tel: 03 9765 2300
Fax: 03 9765 2399
Privacy Statement for the Kärcher Professional Service App
The information below explains how your personal data is processed when you use the Kärcher Professional Service App.
1. Kärcher Professional Service App
Use of Kärcher Service through Karcher PTY LTD (hereinafter referred to as Kärcher) is possible by means of the Kärcher Professional Service App for smartphones with an iOS or Android operating system.
2. Downloading the App
You can download the Kärcher Professional App free of charge from the Google Play store or the Apple App Store. To do so, you must open a customer account in either the Google Play store or the App Store, and enter your data there. This data is not collected by Kärcher, and Kärcher therefore has no influence over it and is not responsible for it.
When downloading the app from an app store, the information needed for this is transferred to the app store, in particular your user name, e-mail address and customer number of your account, the date/time of downloading and the individual device ID. Kärcher has no influence over the collection of this data and is not responsible for it.
3. Setting up and Using the App
You must register in order to set up and use the app. To do so, you need to open a Kärcher user account.
When you create a user account with Kärcher, we will ask you for the following information:
· First name and surname
· Company's name
· Address (street, number, postcode, city, country)
· E-mail address
This information is transmitted to Kärcher and stored.
4. Using the App
When you use the Kärcher Professional Service App, we collect the following data transmitted by your mobile device to enable you to use the Kärcher Professional Service App: The information is:
· Unique device ID - UUID (Universal Unique Identifier) for Android devices, IDFV (identifier for vendor) for iOS devices
· Date and time of device
· Screen tracking (tracks movements in the app)
· Access status/HTTP status code
· Device IP address
· App version
· Operating system and version
· Usage time (launch, use)
· Country and language of the device
By submitting a service request, Kärcher will be informed that you need service (e.g. maintenance of one of your Kärcher products) and would like to be contacted for this purpose. The following data is collected for this purpose:
· Phone number
· Customer ID
· Material- and serial number of the machine
· Location of the machine
· Optional: additional information and photo of the damage
Cookies are stored on your end device when you use the app. Cookies are small text files stored on your end device which provide Kärcher with certain information. Cookies cannot execute programs or transmit viruses to your mobile device. Their purpose is to make the app more user-friendly and effective. You can delete cookies from your device by default after using the app.
6. Local Storage
Kärcher uses local storage technology for temporary local storage of information from your service request. Local storage uses the storage capacity of your web browser. In other words, data is stored in your web browser. This data is stored on your browser for an unlimited period of time and updated each time you connect to the Kärcher Cloud. You can use your browser settings to check which data is stored in your browser's local storage and clear the local storage.
7. Kärcher Cloud
The Kärcher Cloud stores the data on a storage location of Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109. Data is stored and processed on servers of Amazon Web Services in the European Union.
8. Purpose of the Processing and Legal Basis
Your privacy is importance to us
At Kärcher, we recognize the importance of your privacy and understand your concerns about the security of the personal information you provide to us. When we handle your personal information, we will comply with the Australian Privacy Principles,(“APPs”) as contained in the Privacy Act 1988 (Cth), which details what constitutes personal information, how personal information is collected, used, disclosed, stored and destroyed and how an individual may gain access to personal information held about them.
As the data processing is necessary for the performance of the contract concluded between yourself and Kärcher, performance of the contract is not possible without the processing of the data.
You can contact the Kärcher Privacy Officer by e-mailing firstname.lastname@example.org
9. Storage Period
Deletion of your user data
Upon termination of the contractual relationship, the data held at Kärcher is deleted provided that this does not conflict with any statutory retention obligations. This will happen if you delete your account.
You can automatically manage, correct or delete individual data or entries in your user profile on the pages "Registration", "My Profile" and "Locations & Machines". After pressing the "Save" button, the changes made by the user are updated or deleted from the customer database.
Contract data on individual repair orders will be deleted after the statutory retention obligations have expired.
10. Processing of Data by Third Parties
Your data is not shared with 3rd parties.
Kärcher accepts no responsibility for the proper processing of data by Google, Apple or any other app store provider. Please refer to the data privacy statements of these providers. There is no exchange of data with these companies.
11. Your Rights, Questions and Information
You have the right to information as to whether and which personal data we store about you, or to restrictions on the processing of this data. You can correct or delete the data you have entered yourself or delete your user profile completely using the corresponding commands in your user profile, or you can request Kärcher to do so. As your personal data is stored for the performance of a contract, you can no longer use the services provided under the contract once you have deleted your personal data.
12. Privacy Complaints
As an individual, you have the right to lodge a complaint with a the Office of the Australian Information Commissioner (www.oaic.gov.au) if you believe that the processing of personal data relating to you infringes the Privacy Act.
You can contact us at the following address:
Kärcher Pty Ltd
40 Koornang Road
Scoresby VIC 3179
Tel: 03 9765 2300
Fax: 03 9765 2399