Hoppe Marine GmbH

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1. Content
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3. Copyright
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4. Privacy policy
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5. Legal validity of this disclaimer
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General Terms and Conditions

for the Supply of Products and Services by Hoppe Marine GmbH

1. General

  1. For the current order as well as for all future supply agreements (including agreements regarding the supply with moveable things/goods to be produced or manufactured (“Werklieferungsvertrag”) within the meaning of Section 650 German Civil Code (Bürgerliches Gesetzbuch, BGB), hereinafter jointly referred to as “Supply Agreement/s”) and/or service contracts (hereinafter referred to as “Service Agreement/s”) entered into between Hoppe Marine GmbH, Hamburg, (hereinafter referred to as “Hoppe”, “Supplier” or “We”) and the customer (hereinafter referred to as the “Customer”) the following general terms and conditions for the supply of products and services (hereinafter also referred to as the “Terms”) shall apply. The Customer shall accept the Terms to be the contractual basis upon which each order will – unless otherwise agreed in writing – be placed. The scope of supply and/or services to be delivered (hereinafter jointly referred to as the “Supplies”, as well) in accordance with the Supply Agreements and/or Service Agreements shall – unless otherwise agreed in writing – be determined exclusively by the Terms.
  2. General terms and conditions of the Customer shall not apply, unless expressly agreed in writing. As far as reference is made to customary contractual forms in prior correspondence or in the confirmation of the order, such references shall be construed in accordance with INCOTERMS 2010.
  3. Hoppe shall be entitled to deploy third parties, especially but not limited to affiliated companies, in order to perform its contractual duties.
  4. Hoppe shall not be obliged to provide replaceable spare-parts for the Supplies (original Hoppe parts) for more than 36 months after end of the warranty period (see art. 11 below).
  5. Customer agrees to a processing of Customer related data pertaining to the delivery of ordered goods and to the payment transactions by Supplier in order to fulfil the order.

2. Conclusion of Agreements – Offer and Acceptance

  1. The Supplier´s offers are subject to change and non-binding. They are just an invitation to the Customer to submit a bid (invitatio ad offerendum). The order shall be deemed to be accepted by the Supplier, once it has been confirmed in writing (confirmation of the order). Any guarantees or negotiations are subject to explicit confirmation in writing to take effect.
  2. The Supplier´s confirmation of the order shall be decisive for the scope of the delivery and/or the service to be supplied. Changes require our explicit confirmation in writing. The quantities agreed upon in the contract may vary within the scope that is usual in the industry. Tolerances and deviations customary in the respective industry are permitted.
  3. Supplier shall be entitled to change technical specifications of the goods to be delivered, as long as such changes serve an improvement of the goods to be delivered.

3. Prices and Terms of Payment

  1. Unless explicitly agreed otherwise in writing, all prices shall be ex works from Hamburg (INCOTERMS 2010, EXW) excluding packaging; value added tax (VAT) shall be added at the rate that is applicable when the contract is entered into.
  2. Supplier reserves the right to change the prices especially in case the most of the raw material increases at short notice thus affecting calculations negatively. If no prices have been agreed upon, the list prices valid at the day of delivery shall be invoiced.
  3. Customer may offset undisputed, acknowledged or unappealable claims, only.
  4. In cases where Supplier is charged with installation and commissioning as well and unless otherwise agreed in writing, Customer shall pay the agreed remuneration and any incidental costs required, e.g. travel expenses, costs for transport of tools and equipment, and personal luggage as well as allowances.
  5. Payment shall be made to Supplier´s account without any deduction and free of transaction charges. Payments with discharging effect may be made to Supplier, only. Unless explicitly agreed otherwise in writing, all supplies of goods and services are subject to pre-payment. Supplier will issue an invoice together with its confirmation of the order. Invoices are to be paid in Euro within 14 days as of invoice date.

4. Acceptance (“Abnahme”) of Services provided by Supplier

  1. Customer is obliged to accept services, such as repair works, maintenance, commissioning or other work provided by Supplier. Should the service rendered by Supplier not be as contractually agreed, Supplier is obliged to supplement its performance pursuant to the stipulations set out in art. 11 below and subject to the prerequisites stipulated therein, as long as such supplementary performance is possible.
  2. Should the acceptance be delayed without Supplier being responsible for such delay, the acceptance shall be deemed to have taken place two (2) weeks after completion of the respective service works rendered to Customer.
  3. With the acceptance having taken place, Supplier´s liability for visible defects of the service works ends, unless Customer has explicitly reserved its rights due to specifically indicated visible defects in writing.

5. Term of Delivery/Performance

  1. The term of delivery/performance shall be agreed upon individually in the Supply Agreement or in the Service Agreement, respectively. It starts as of the date of the Supplier´s confirmation of the order. The term of delivery/performance shall not expire before Customer has provided all necessary documents to Supplier. The same applies to eventually necessary authorisations, releases and/or required clarifications. Should Customer fail to provide such documents and/or information in due time, the term of delivery/performance shall be extended until such documents/information has been properly provided to Supplier.
  2. The term of delivery/performance shall be extended appropriately in case of delay arising from an act of God / nature without control (force majeure), including strikes and lockouts, epidemics, pandemics, diseases or quarantine, adverse weather conditions, interfering Supplier or any third party deployed by Supplier in order to perform its contractual duties.
  3. Supplier is entitled to effect partial deliveries.

6. Retention of Title

  1. Unless otherwise agreed in writing, all deliveries are made exclusively under an extended retention of title and under the provision that all accounts must be current. The retained goods, regardless of their location of storage, shall remain the property of the Supplier, until each and every claim the Supplier has against the Customer on account of the business connection has been fulfilled.
  2. Customer may resell the delivered items in the course of regular business and subject to the condition that he is not in default with payment. Resale shall be permitted under the condition only, that Customer´s receivables from such resale including any subsidiary right shall be conclusively transferred to Supplier to the extent of Customer´s liabilities towards Supplier, until Customer has fulfilled its obligations to effect payment.
  3. The Customer is not entitled to other disposal of the retained goods (including pledging and transfer of ownership by way of security) nor to other disposals of the claims he has transferred or has to transfer to the Supplier (including their pledging and transfer of ownership by way of security).
  4. If such resale occurs for a lump sum price together with other goods that do not belong to Supplier, Customer hereby transfers all its claims from the resale in the amount that corresponds to the full invoice value of the retained goods to Supplier until the retained goods have been paid in full. Customer shall inform Supplier immediately, should any third party interfere with Supplier´s ownership in the retained goods.
  5. If retained goods to which Supplier is co-owner are resold, Customer shall transfer its receivables from the resale to the extent which corresponds to the proportional value of the co-ownership until the deliveries and services have been paid in full.
  6. Customer shall be entitled to process or rearrange delivered goods that are subject to retention of title or to combine such goods with other objects. Such processing, rearrangement or combination shall be made on behalf of Supplier. Supplier shall acquire property of any processed or rearranged object. These objects shall be subject to retention of title. In case of combination of the delivered goods with objects that are not owned by Supplier, Supplier shall acquire partial ownership (Miteigentum) in such object amounting to the share corresponding to the relation of the value of the combined good subject to retention of title to the value of the new resp. combined object.
  7. If Customer is in delay with its obligations to pay under a Supply Agreement and/or service contract entered into with Supplier, and has been accordingly notified without success, or if Customer´s solvency decreases more than insignificantly, Supplier is entitled to demand immediate execution of all outstanding payments, to revoke Customer´s right to resell, and to take back the already delivered goods as a security until full payment has been received without Customer having any right to retain said goods.
  8. Supplier is entitled to remove retained goods or have them removed, reclaim them, take possession and accept them in case that its rights are endangered until all obligations have been fulfilled (e.g. imminent insolvency, initiated insolvency proceedings, imminent seizure or transfer of securities etc.).
  9. Where Customer fails to fulfil its duties, especially to effect due payments, Supplier shall be entitled to cancel the Supply Agreement and/or Service Agreement and each other Supply Agreement/Service Agreement entered into between the parties and to take back the retained goods; Customer shall be obliged to surrender the retained goods.
  10. Until the moment, in which title in the retained goods passes to Customer according to the previous provisions, Customer shall keep the retained goods insured to their replacement value.

7. Transfer of Risk

  1. Unless explicitly agreed otherwise (Incoterms), the risk shall pass to the Customer pursuant to the stipulations of BGB.
  2. Incorrect quantities must be reported immediately to the Supplier in writing on the day of delivery. Mere complaints made in front of the employees of the freight carrier are not deemed to be valid towards the Supplier. Transport damages must be reported immediately to the freight carrier.

8. Time set for Deliveries / Delay

  1. Times set for deliveries can only be observed if all documents required from the Customer, necessary permits and releases have been received in time by Supplier and if agreed terms of payment and other obligations of the Customer have been observed. Moreover, Supplier´s duty to deliver is subject to Supplier itself being supplied properly and in due time, as far as an improper and/or undue supply had not been negligently caused by Supplier.
  2. If non-observance of the times set is due to force majeure such as mobilization, war, acts of terror or similar events (e.g. strike or lockout), epidemics, pandemics, diseases, quarantine or adverse weather conditions, or any event which is similar to the foregoing, such times shall be extended accordingly.

9. Installation and Commissioning

  1. Unless otherwise agreed in writing, installation and commissioning shall be subject to the following provisions: Customer shall provide at its own expenses and in good time, especially, but nut limited:
    1. all preliminary work including the necessary skilled and unskilled labor, and tools.
    2. protective clothing and protective devices needed due to particular conditions prevailing at the specific site.
    3. unopposed access to the place of installation/commissioning.
    4. energy and water at the point of use including connections, heating and lighting.
    5. suitable dry and lockable rooms of sufficient size adjacent to the site for the storage of machine parts, apparatuses, materials, tools, etc. and adequate working and recreation rooms/cabins for the assembly team, including lodging as well as sanitary facilities as are appropriate in the specific circumstances. Furthermore, Customer shall take all measures it would take for the protection of its own possessions to protect the possessions of Supplier and of the assembly team at the site.

10. Shipment, Acceptance of Goods, Delay of Acceptance

  1. Postage, shipping costs and risk of deterioration or damage when returning the Supplies shall be charged to Customer. Where no specific agreement regarding the mode of shipment has been made between the parties in writing, the transport route and means are left to Supplier´s choice. Shipping costs shall always be borne by Customer.
  2. Customer shall not refuse to receive Supplies due to minor defects.
  3. If Customer is delayed in accepting the Supplies, the Supplier can:
  4. upon immediate invoicing, refuse performance until Customer has paid the owed purchase price and/or service fee in full;
  5. cancel the contract after setting an appropriate grace period and make claims for damages on the ground of non-performance. If the asserted claim for damages does not exceed 30% (thirty per cent) of the agreed contractual remuneration, no separate evidence has to be furnished.

11. Defects as to Quality

Supplier shall to the exclusion of further claims be liable for defects as to quality (“Sachmängel”, hereinafter referred to as “Defects”) that already existed at the moment of the transfer of risk, as follows, whereby Hoppe´s liability for damages pursuant to art. 14 below shall not be affected:

  1. Supplier will at its own choice and free of charge repair or replace defective parts of the Supplies (“Nacherfüllung”, hereinafter referred to as “Supplementary Performance”) that have been notified to Supplier within a warranty period of twelve (12) months after transfer of risk. Supplier will chose the most economical way of Supplementary Performance.
  2. As far as Supplier replaces defective parts of the Supplies, Customer shall be obliged to pay a compensation for use of the replaced parts of the Supplies (“Nutzungsersatz”) pursuant to Sections 346 – 348 BGB, unless the replaced parts of the Supplies have been sold second-hand to Customer.
  3. As far as Supply Agreements are concerned, the place of performance (“Leistungsort”) of the Supplementary Performance shall be Supplier´s service branch in the country, in which the Supplies are located according to the respective agreement´s purpose (“vertragsgemäße Belegenheit”). In the cases, in which Supplier does not have available a service branch in such country, Suppliers place of business (Hamburg, Germany) shall be place of performance for the Supplementary Performance.
  4. As far as Service Agreements are concerned, the place of performance of the Supplementary Performance shall be the place, in which the original/primary performance (“Primärleistungspflicht”) has been performed. Supplier shall (without prejudice to the applicability of the stipulation laid down in s. 439 ss. 4 and s. 635 ss. 3 BGB) bear expenses connected with the Supplementary Performance at the Supplementary Performance´s place of performance, including inter alia costs for transport, travel, labor and material.
  5. As far as Supplier had not been charged to place the Supplies within other goods of the Customer (e.g. within a vessel), defective parts have to be dismantled by Customer at its own expense. As far as Customer has moved the Supplies to a different location, Customer shall bear additional expenses connected with an execution of the Supplementary Performance at such different location.
  6. During the warranty period, Supplier shall always first be given the opportunity to supplement its performance (“Nacherfüllung”) within a reasonable period of time. If supplementary performance is finally unsuccessful, Customer shall be entitled to cancel the contract or reduce the remuneration, irrespective of eventual claims for damage pursuant to art. 14 below. Customer shall – without prejudice to the provisions of art. 14 below – have no claim for compensation for futile expenditure.
  7. Customer may claim damages under the terms and conditions of art. 14 below, only.
  8. Normal wear and tear of the Supplies does not constitute warranty claims. The same applies, if and as far as Defects are based on non-observance of the user manual, the non-performance of due service works and/or the wrongful execution of service works. Where available, Customer shall use original Hoppe-spare-parts, only.
  9. Software Maintenance will only be provided, if a valid Software Maintenance Agreement (to be agreed upon separately, in writing) has been continuously in place since the date of commissioning and if Supplier is granted adequate remote access to the concerned systems.
  10. Customer shall notify Supplier of apparent Defects or apparent incomplete or incorrect deliveries and services without undue delay and submit in writing no later than two weeks after receiving the delivery and service as evidenced by the postmark or the date on the fax. Hidden Defects must be notified immediately upon their detection in writing. In the event of complaints or Defects not being notified with undue delay, the performance is deemed accepted; this refers to the absence of guaranteed characteristics as well.
  11. Supplier reserves the right to make changes in construction, implementation or functionality, as long as they neither significantly impair the usefulness nor the value or the common usage of the ordered item. They shall not be deemed cause for complaint. There shall be no claims based on Defect in case of insignificant deviations from the agreed quality or functionality, of only minor impairment of usefulness or common usage, of natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excess strain, unsuitable equipment provided by Customer, defective workmanship of the Customer or from particular external influences not assumed under the contract, or from non-reproducible software errors.
  12. In case of a notification of a Defect, Customer may withhold payments to the extent either accepted by Supplier or determined by court. Customer waives compensation of third-party claims against Supplier. Customer waives any commercial rights of retention from sec. 369 to 372 German Commercial Code (“Handelsgesetzbuch, HGB”). Furthermore rights of retention pursuant to sec. 273 BGB are excluded.

12. Intellectual Property Rights / Defects in Title / Copyright

  1. Unless otherwise agreed, Supplier shall provide the supplies free from third parties’ intellectual property rights (“Gewerbliche Schutzrechte”) and copyrights (hereinafter jointly referred to as “IPR”) with respect to the country of the place of destination. If a third party asserts a justified claim against Customer based on an infringement of an IPR with respect to the supplies delivered/supplied by Supplier and then used in conformity with the contract, Supplier shall be liable to Customer within the time period stipulated in art. 10.1 as follows:
  2. Supplier shall choose whether to acquire, at its own expense, the right to use the IPR with respect to the supplies concerned or whether to modify the supplies such that they no longer infringe the IPR or replace them. If this would be unreasonable to demand from Supplier, Customer may cancel the contract or reduce the remuneration pursuant to the applicable statutory provisions. Customer shall have no claim for compensation for futile expenditure.
  3. Supplier’s liability to pay damages shall be governed by art. 14 below.
    1. Claims of Customer shall be excluded if Customer itself is responsible for the infringement of an IPR.
  4. Claims of Customer shall also be excluded if the infringement of the IPR is caused by specifications made by Customer, to a type of use not foreseeable by Supplier or to the supplies being modified by Customer or being used together with products not provided by Supplier.
  5. Supplier reserves unlimited utilization rights in all drawings and other documents provided to Customer.

13. Impossibility of Performance, Adjustment of Contract

  1. To the extent that deliveries and/or performance are impossible to be carried out, Customer shall under the terms and conditions of art. 14 below be entitled to claim damages, unless Supplier is not responsible for the impossibility.
  2. In case of temporary impossibility, art. 8 above (Time for Supplies; Delay) shall apply.
  3. When unforeseeable events within the meaning of art. 5.2 above substantially change the economic importance or the contents of supplies or considerably affect Supplier’s business, the contract shall be adjusted taking into account the principles of reasonableness and good faith.

14. Claims for Damages

  1. Any claims for damages and reimbursement of expenses Customer may have (hereinafter referred to as “Claims for Damages”), based on whatever legal reason, including infringement of duties arising in connection with the contract or tort, shall be excluded. Any Claims for Damages based on delayed delivery shall be limited as follows: Where a delayed delivery is within Supplier´s responsibility (zu vertreten), Customer may claim damages in the form of a lump-sum payment as from the second week following the delay. The lump-sum shall be 0,5% per full week of delay, limited to a maximum of 5%, each with regard to the worth of the part of the Supplies that has not been provided in due time. Any exceeding claim for damages shall be excluded.
  2. The above limitations of liability shall not apply in case of mandatory liability, e. g. under the German Product Liability Act (“Produkthaftungsgesetz”), in the case of intent, gross negligence of the owner, statutory representatives, the management body or executive employees of the Supplier, injury of life, body or health, for warranty of the absence of Defects and in case of fraudulent concealing of Defects. Moreover, Supplier shall be liable for negligent breach of a condition which goes to the root of the contract (“wesentliche Vertragsverpflichtungen”, e.g. breach of Supplier´s duty to deliver goods without Defects), if such breach has been caused by gross negligence of non-executive employees. The same applies to negligent breaches (einfache Fahrlässigkeit) of conditions which go to the root of the contract, whereupon Customer´s claim for damages shall be limited to such amount that is reasonably foreseeable with regard to the specific agreement. Upon Customer´s request, Supplier will (where available) offer an insurance product covering damages exceeding the damages that are reasonably foreseeable.

15. Venue, Applicable Law, Severability

  1. Exclusive place of jurisdiction shall be Hamburg, Germany. However, Supplier may also take legal action at the Customer’s place of business.
  2. Legal relations between the parties deriving from and/or in connection with the parties’ business relation shall be governed by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  3. The legal invalidity of one or more provisions of these Terms shall in no way affect the validity of the remaining provisions. Should a provision of these Terms turn out to be or become invalid, the parties shall be obliged to agree on such valid provision that comes as close as possible to the invalid provision.


Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Hoppe Marine GmbH. The use of the Internet pages of the Hoppe Marine GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Hoppe Marine GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Hoppe Marine GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the Hoppe Marine GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a) Personal data

    Personal data means any information relating to an identified or identifiable natural person (ìdata subjectî). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

    Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c) Processing

    Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling

    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymisation

    Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

    Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

    Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • j) Third party

    Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k) Consent

    Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Hoppe Marine GmbH
Kieler Strasse 318
22525 Hamburg
Deutschland
Phone: +49 (0) 40 56 1949 - 0
Email: sales@hoppe-marine.com
Website: www.hoppe-marine.com

3. Name and Address of the Data Protection Officer

The Data Protection Officer of the controller is:

Datenschutz Hoppe Marine GmbH
Hoppe Marine GmbH
Kieler Strasse 318
22525 Hamburg
Deutschland
Phone: +49 (0) 40 56 1949 - 0
Email: privacy@hoppe-marine.com
Website: www.hoppe-marine.com

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Cookies

The Internet pages of the Hoppe Marine GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the Hoppe Marine GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

5. Collection of general data and information

The website of the Hoppe Marine GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Hoppe Marine GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Hoppe Marine GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Contact possibility via the website

The website of the Hoppe Marine GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

7. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8. Rights of the data subject

  • a) Right of confirmation

    Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

    Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

    Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

    Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

    Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

    If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Hoppe Marine GmbH, he or she may, at any time, contact any employee of the controller. An employee of Hoppe Marine GmbH shall promptly ensure that the erasure request is complied with immediately.

    Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Hoppe Marine GmbH will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

    Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Hoppe Marine GmbH, he or she may at any time contact any employee of the controller. The employee of the Hoppe Marine GmbH will arrange the restriction of the processing.

  • f) Right to data portability

    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may at any time contact any employee of the Hoppe Marine GmbH.

  • g) Right to object

    Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

    The Hoppe Marine GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

    If the Hoppe Marine GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Hoppe Marine GmbH to the processing for direct marketing purposes, the Hoppe Marine GmbH will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Hoppe Marine GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact any employee of the Hoppe Marine GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Hoppe Marine GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

    If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Hoppe Marine GmbH.

  • i) Right to withdraw data protection consent

    Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Hoppe Marine GmbH.

9. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

10. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

11. Data protection provisions about the application and use of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subjectóand for the entire duration of their stay on our Internet siteówhich specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.

12. Data protection provisions about the application and use of Xing

On this website, the controller has integrated components of XING. XING is an Internet-based social network that enables users to connect with existing business contacts and to create new business contacts. The individual users can create a personal profile of themselves at XING. Companies may, e.g. create company profiles or publish jobs on XING.

The operating company of XING is XING SE, Dammtorstrafle 30, 20354 Hamburg, Germany.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a XING component (XING plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding XING component of XING. Further information about the XING plug-in the may be accessed under https://dev.xing.com/plugins. During the course of this technical procedure, XING gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on XING, XING detects with every call-up to our website by the data subjectóand for the entire duration of their stay on our Internet siteówhich specific sub-page of our Internet page was visited by the data subject. This information is collected through the XING component and associated with the respective XING account of the data subject. If the data subject clicks on the XING button integrated on our Internet site, e.g. the "Share"-button, then XING assigns this information to the personal XING user account of the data subject and stores the personal data.

XING receives information via the XING component that the data subject has visited our website, provided that the data subject is logged in at XING at the time of the call to our website. This occurs regardless of whether the person clicks on the XING component or not. If such a transmission of information to XING is not desirable for the data subject, then he or she can prevent this by logging off from their XING account before a call-up to our website is made.

The data protection provisions published by XING, which is available under https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by XING. In addition, XING has published privacy notices for the XING share button under https://www.xing.com/app/share?op=data_protection.

13. Data protection provisions about the application and use of YouTube

On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.

YouTube's data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

14. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

15. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

16. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

17. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

18. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.


Special Terms governing the Data Butler Services of Hoppe Marine GmbH

The General Terms and Conditions of Hoppe Marine GmbH are applicable to all Supply and Service Agreements between Hoppe and the Customer, as long as the following Special Terms do not explicitly deviate from those.

These Special Terms govern Customer’s assignment and use of Hoppe Data Butler Services. By executing an Order Form that references this Agreement, Customer agrees to the terms of this Agreement.

1. Definitions

“Agreement” means the Agreement between Customer and Hoppe for the Assignment and Use of Hoppe Data Butler Services that have been ordered by the Customer by providing and Order Form and confirmed by Hoppe.

“API” means an Application Programming Interface that is made available to the Customer to collect the provided Ships Data for further use.

“Hoppe” means the company Hoppe Marine GmbH, Kieler Straße 318, 22525 Hamburg/Germany, including all fully owned and controlled subsidiary companies of the Hoppe Group.

“Customer” means in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement. The Customer ensures that it has a legal responsibility for the respective ship and thus is entitled to receive the Ships Data.

“Customer Data” means electronic data such as company, fleet and vessel information submitted by or for Customer to Hoppe.

“Data Butler” is the Service provided by Hoppe to the Customer which allows continuous or on-demand data access to Ships data via an API. With Data Butler no Software will be provided.

“Data Set” is an individually agreed number of signals with measured or calculated values provided by Hoppe within specific file type via a defined API.

“Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and Hoppe, including any addenda and supplements thereto. The order form refers to a commercial offer provided by Hoppe individually for the Customer. A separate order form has to be submitted for each ship.

“Ships Data” means electronic data and information collected on a Ship using Hoppe’s technology, defined within an individual signal list, transmitted to shore and made available to the Customer via a specified interface (API).

“Services” or “Data Butler Services” means Data Butler Service Packages that Customer purchases under an Order Form, as distinguished from Free Services or those provided pursuant to a free trial. The specification of the Data Butler Service Packages is described under www.hoppe-marine.com.

“Third Party” means a company or other legal entity, which is authorized by the Customer to get access to Ships Data and to use the Data Butler Services by signing a Data Forwarding Agreement. The Data Forwarding Agreement and resulting access to Ships Data expires with the termination of this Agreement between Customer and Hoppe at the same time automatically.

“User” means, in the case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by Customer to use a Service, for whom Customer has purchased a subscription, and to whom Hoppe at Customer’s request has supplied a user identification and password (for Services utilizing authentication). Users may include, for example, employees, consultants, contractors and agents of Customer, and Third Parties with which Customer transacts business.

2. Provision of Data Butler Services

Hoppe will (a) make the Services and Ships Data available to Customer pursuant to this Agreement, and the applicable Order Forms, (b) provide applicable Hoppe standard support for the Services to Customer at no additional charge (see Chapter 7. Scope of Services), and/or upgraded support if purchased, (c) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Hoppe shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Hoppe’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Hoppe employees), Internet service provider failure or delay, any other loss of connectivity, Non-Hoppe Application, or denial of service attack.

Any claims for damages and reimbursement of expenses Customer may have, based on whatever legal reason, including infringement of duties arising in connection with the Agreement, shall be excluded.

3. Preconditions to enable Data Butler Services and System Setup

The system setup (i.e. establishment of Data pool, Customer account, User account(s), Ship account and access to Data Pool) as well as required hardware has to be purchased by the Customer with a separate purchase order (this order underlies the General Terms and Conditions of Hoppe Marine GmbH, www.hoppe-marine.com) in advance, unless otherwise agreed.

Ship IT and Hardware

  • The Ship must be equipped with the Data acquisition and processing unit Hoppe Embedded-iPC (“HOMIP”).
  • Access/Interface to respective systems (Hoppe or other source) to acquire data as agreed in Signal list
  • The HOMIP needs connection to the ships satellite communication gateway or other means of internet access with a bandwidth of at least 2,4 kbit/second.
  • The internet access is provided by Customers IT and is configured on the HOMIP by Hoppe.
  • The HOMIP must be allowed to establish outgoing connections on defined IP addresses and ports.

Customer Shore IT:

  • Internet accessibility via suitable device to access API (unblocked access)

Hoppe IT:

  • The Data pool, Customer account, User account(s), Ships account and Data Pool access is established.

4. Duty of Participation

The Customer grants full access to the place of installation as well as to the sources needed to collect the Ship’s data as agreed during the installation and commissioning phase. Hoppe will agree with the Customer on a schedule to finish the preparation works to be done by both parties in a reasonable time.

5. Use of Data

Hoppe is allowed to access and to use the Ships Data to do its own analyses for the purpose of monitoring Data Transfer and Signal Quality, as well as for improvement of the Service. Hoppe will not allow any Third Party to access the Ships Data via using the API or share it in any other way, unless a Data Forwarding Agreement has been signed. Customer is free to process the Ships Data within its organization or to share it with any other party once downloaded via the API.

6. Protection of Customer Data / Ships Data

Hoppe will maintain appropriate administrative, physical, and technical safeguards for protection of the security and confidentiality of Customer Data as well as Ships Data. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Customer Data and/or Ships Data (other than by Customer or Users). Furthermore, our Privacy Policy (www.hoppe-marine-com) is applicable.

.

7. Scope of Services

7.1 Data Services

The scope of data services covers the use of Hoppe Data Butler and applies separately to each account. Services provided are also to be ensured towards Third Party clients involved.

Services provided:

  • Full Access to Raw Data via API
  • Up to 3 User Accounts per Customer (including one Third Party User)
  • Provision of agreed Data Set
  • Frequency (Generation Rate of Data Set) limited to min. once per day and max. every 2 minutes, according to system setup as agreed between Customer and Hoppe
  • Data availability: All data is stored and protected against loss, even if not retrieved by the Customer. Historical data can be accessed in the API

7.2 Service Level Agreement

  • E-Mail support monitored 9:00 a.m. CET to 5:00 p.m. CET Monday – Friday, except public holidays

Extended service level agreements can be purchased individually, e.g. 24/7 Data Transmission Downtime support.

Service Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Data Butler, or any other Data Butler performance issues: (i) caused by factors outside of Hoppe’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Data Butler; (ii) that result from any voluntary actions or inactions from Customer or any Third Party; (iii) that result from Customer’s equipment, software or other technology and/or Third Party equipment, software or other technology (other than equipment within Hoppe’s direct control).

8. Performance Term and Termination

The term of validity of this Agreement begins as of the date of Hoppe’s confirmation of the order. The payment obligation for the Data Butler Service comes into effect upon first successful data transfer from Ship to Shore, unless otherwise agreed.

Times set for the beginning of Service support performance can only be observed if all information required from the Customer and necessary permits have been received in time by Hoppe and if all Technical Preconditions have been ensured by the Customer.

Unless otherwise provided in the applicable Order Form Data Butler Services and access to the API are purchased as subscriptions for the term stated in the applicable Order Form (at least 12 months). Except where otherwise provided, the Agreement is automatically extended by default for an additional 12 months at the end of the current term.

A party may terminate (i) this Agreement properly upon giving at least 2 months written notice prior to the expiry of the current term to the other party without stating any reason (ii) the subscription for each individual ship properly upon giving at least 2 months written notice if Customer’s responsibility (i.e. ownership or management) for the Ship has ended (iii) this agreement upon giving 1 month’s written notice to the other party of a material breach and after the expiration of such cure period, or (iv) this agreement immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership,

liquidation or assignment for the benefit of creditors. The right to immediate termination for cause remains unaffected.

After termination of the Agreement term, no more new Ships data will be collected, and the existing Ships data as of the termination date will be made available via the API for 3 more months. After this date, Customer has no more access to the data. On Customer’s request, all Ships data will be irrevocably deleted. If Customer does not request to delete the Ships Data, Hoppe reserves the right to use the data neutralized for internal purposes or analyses. However, no more Ships data will be collected and provided after the termination date.

Purchased hardware (i.e. HOMIP) remains Customer’s property provided it has been fully paid at the end of the agreement term.

9. Fees

Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non- cancelable and fees paid are non-refundable.

10. Invoicing and Payment

Customer will provide Hoppe with a valid purchase order or alternative document reasonably acceptable to Hoppe. Hoppe will invoice Customer in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced fees are due net 14 days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Hoppe and notifying Hoppe of any changes to such information.

11. Confidentiality of Data and Information

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Customer includes Customer Data, and Ships Data; Confidential Information of Hoppe includes the Services and Content, and the terms and conditions of this Agreement and all Order Forms (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.

Each Party undertakes to keep strictly confidential any Confidential Information received from the Other Party, and neither disclose nor make it available to any Third Party, without the Disclosing Party’s prior written consent. In such case the Receiving Party, prior to disclosing the Confidential Information, shall ensure that the Third Party signs a written confidentiality agreement or respectively Data Provision Agreement, consistent with this Agreement

09.12.2020


Special Terms governing the Data Inspector Services
of Hoppe Marine GmbH

The General Terms and Conditions of Hoppe Marine GmbH are applicable to all Supply and Service Agreements between Hoppe and the Customer, as long as the following Special Terms do not explicitly deviate from those.

These Special Terms govern Customer’s assignment and use of Hoppe Data Inspector Services. By executing an Order Form that references this Agreement, Customer agrees to the terms of this Agreement.

Definitions

“Agreement” means the Agreement between Customer and Hoppe for the Assignment and Use of Hoppe Data Inspector Services that have been ordered by the Customer by providing and Order Form and confirmed by Hoppe.

“Hoppe” means the company Hoppe Marine GmbH, Kieler Straße 318, 22525 Hamburg/Germany, including all fully owned and controlled subsidiary companies of the Hoppe Group.

“Customer” means in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement.

“Customer Data” means electronic data such as company, fleet and vessel information and particulars submitted by or for Customer to Hoppe.

“Data Inspector” is a Service provided by Hoppe to the Customer. The service comprises a regular check of Customer’s Ships data and troubleshooting as well as defined actions, in various aspects as per ordered Service Package.

“Data Set” is an individually, in advance, agreed number of recorded data in a specific time range regularly provided either by the Customer to Hoppe or collected by Hoppe itself using Data Butler Service (to be purchased by the Customer with a separate purchase order).

“Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and Hoppe, including any addenda and supplements thereto. The order form refers to a commercial offer provided by Hoppe individually for the Customer. A separate order form has to be submitted for each ship.

“Services” or “Data Inspector Services” means Data Inspector Service Packages that Customer purchases under an Order Form, as distinguished from Free Services or those provided pursuant to a free trial. The specification of the Data Inspector Service Packages is described under www.hoppe-marine.com.

Provision of Data Inspector Services

Hoppe will (a) make the Services available to Customer pursuant to this Agreement, and the applicable Order Forms, (b) provide applicable Hoppe standard support for the Services to Customer at no additional charge (see Chapter 6. Scope of Services), and/or upgraded support if purchased, (c) use commercially reasonable efforts to make the Purchased Services available as agreed, except for: (i) planned downtime (of which Hoppe shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Hoppe’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Hoppe employees), Internet service provider failure or delay, any other loss of connectivity, Non-Hoppe Application, or denial of service attack.

Any claims for damages and reimbursement of expenses Customer may have, based on whatever legal reason, including infringement of duties arising in connection with the Agreement, shall be excluded.

Preconditions to enable Data Inspector Services and System Setup

Hoppe IT:

  • The System setup (i.e. Data pool, Customer account and Ships account) is established.

Customer IT:

  • Provision of full Data Set in agreed format and at agreed frequency (at least daily). Hoppe Data Butler Service is recommended, but not mandatory.

Use of Data

In order to provide Data Inspector Services to the Customer, Hoppe is allowed to use the Ships Data without limitation. In addition, Hoppe is allowed to do its own data analyses for the purpose of improvement of the Services. Hoppe will neither give access nor insight into the Ships Data to any other party.

Protection of Customer Data / Ships Data Sets

Hoppe will maintain appropriate administrative, physical, and technical safeguards for protection of the security and confidentiality of Customer Data as well as the Ships Data Sets. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Customer Data and/or Ships Data Sets (other than by Customer). Furthermore, our Privacy Policy (www.hoppe-marine-com) is applicable.

Scope of Services

6.1 Data Services

The scope of data services covers the use of Hoppe Data Inspector and applies separately to each account.

Services provided:

  • System Health Check (availability, validity and plausibility) performed by Hoppe staff Monday - Friday, (except public holidays)
  • Data validation services as per ordered Service package
  • Customized data analyses/evaluations as per ordered Service package
  • 1h Service Inhouse for troubleshooting. Additional (remote) troubleshooting might result in extra costs.

6.2 Service Level Agreement

  • E-Mail Response / Notification and Technical Service Hotline (if included in purchased package)
    9:00 a.m. CET to 5:00 p.m. CET Monday – Friday, except public holidays

Extended service level agreements can be purchased individually.

Service Exclusions

The Service Commitment does not apply to unavailability or incompleteness of Data Sets, suspension or termination of Data Inspector, or any other Data Inspector performance issues: (i) caused by factors outside of Hoppe’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Data Inspector; (ii) that result from any voluntary actions or inactions from Customer or any Third Party; (iii) that result from Customer’s equipment, software or other technology and/or Third Party equipment, software or other technology (other than equipment within Hoppe’s direct control).

Performance Term and Termination

The term of validity of this Agreement as well as the payment obligation begins as of the date of Hoppe’s confirmation of the order, unless otherwise agreed.

Times set for the beginning of Service support performance can only be observed if all information required from the Customer and necessary permits have been received in time by Hoppe and if all Preconditions have been ensured by both parties, the Customer and Hoppe.

Unless otherwise provided in the applicable Order Form Data Inspector Services are purchased as subscriptions for the term stated in the applicable Order Form. The Agreement term and payment obligation is automatically extended by default each consequent year with 12 months.

A party may terminate this Agreement (i) properly upon 2 months by end of month written notice to the other party without stating any reason (ii) upon 1 month by end of month written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period, or (iii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. The right to immediate termination for cause remains unaffected.

With ending of the Agreement term, Hoppe (i) suspends the provision of Services, and (ii) disables Data pool, Customer account and Ships account. On Customer’s request, all Ships data will be irrevocably deleted. If Customer does not request to delete the Ships Data, Hoppe reserves the right to use the data neutralized for internal purposes or analyses.

Fees

Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non- cancelable and fees paid are non-refundable.

Invoicing and Payment

Customer will provide Hoppe with a valid purchase order or alternative document reasonably acceptable to Hoppe. Hoppe will invoice Customer in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced fees are due net 14 days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Hoppe and notifying Hoppe of any changes to such information.

Confidentiality of Data and Information

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Customer includes Customer Data, and Ships Data; Confidential Information of Hoppe includes the Services and Content, and the terms and conditions of this Agreement and all Order Forms (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.

Each Party undertakes to keep strictly confidential any Confidential Information received from the Other Party, and neither disclose nor make it available to any Third Party, without the Disclosing Party’s prior written consent. In such case the Receiving Party, prior to disclosing the Confidential Information, shall ensure that the Third Party signs a written confidentiality agreement or respectively Data Provision Agreement, consistent with this Agreement.

Angaben gemäß § 5 TMG:

Hoppe Marine GmbH
Kieler Str. 318
22525 Hamburg

Hamburg HRB 123709

Vertreten durch:
Marc Rohde
Lothar Beinke

+ 49 (0)40 561 949 99