BOMAP Registration

BOMAP Connect Registration – The next level in Intelligent Compaction

BOMAP Registration

BOMAP Connect Registration – The next level in Intelligent Compaction

BOMAP Connect is a subscription-based cloud solution, connecting the BOMAP app with the ability to plan, track and document multiple compaction projects. BOMAP equipped rollers can effectively “see” each other and the projects and data exchanged.

h

1 License

$1,650

i

2-5 License

$3,300

i

6-10 License

$5,200

Register Below for BOMAP License(s)

  • NOTE: You must scroll through the entire agreement to check the required box and be able to submit the form.

    THIS CLOUD SERVICES/TELEMATICS AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF BOMAG AMERICAS, LLC (“BOMAG”) SERVICES AND APPS, AS DESCRIBED BELOW.    

    IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.  IN THAT CASE, ALL REFERENCES TO “YOU” REFER TO YOUR EMPLOYER 

    YOU SHOULD PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS BY USING THE PRINT FUNCTIONALITY IN YOUR BROWSER.

    1. Term. This Agreement will become effective on the Effective Date and continue thereafter for the period set forth in the order document (the “Order”) between the parties (the “Initial Term”), unless earlier terminated as provided herein. Thereafter, the Agreement will automatically renew for successive periods of the same length (each a “Renewal Term”), unless either party gives notice to the other of its intent not to renew at least thirty (30) days prior to the expiration of the then current term. The Initial Term and any Renewal Terms are referred to, collectively, as the “Term.” 

     

    2. Services. Subject to the terms and conditions of this Agreement and Your payment of all relevant fees, BOMAG grants You and your End Users (as defined below) a non-exclusive, non-transferable license to access and use BOMAG’s hosted services, as identified in the Order, (the “Services”) solely for Your internal business purposes.  Use of the Services may be subject to additional restrictions and usage limitations, as set forth in the Order.  For purposes of this Agreement, “End Users” means Your employees, contractors and representatives who are authorized to access the Services on Your behalf.  

     

    3. Mobile App.  In connection with the Services, BOMAG may make available various mobile applications (the “Apps”), currently available through the Google Playstore.  Use of the Apps is subject to the accompanying end user license agreement provided with the App.  All Apps may only be used in support of Your use of the Services and for no other purpose.

    Restrictions. You and your End Users may only use the Services as described in this Agreement and in the then current documentation made generally available by BOMAG to its customers regarding use of the Services (the “Documentation”). You are responsible for ensuring your End Users comply with all relevant terms of this Agreement and any failure to comply will constitute a breach by You.  Except as expressly authorized by this Agreement, You will not, and will not allow any End User or other third party to, (i) permit any third party to access or use the Services other than an End Users; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Services, except to the extent expressly permitted by applicable law; (iii) use the Services or any BOMAG Confidential Information to develop a competing product or service; (iv) use any Service, or allow the transfer, transmission, export, or re-export of any Service or portion thereof, in violation of any export control laws or regulations administered by the U.S. Commerce Department or any other government agency; or (v) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Documentation and Service, including any screen displays, etc., or any other products or materials provided by BOMAG hereunder. Under no circumstances will BOMAG be liable or responsible for any use, or any results obtained by the use, of the Services in conjunction with any services, software, or hardware not conforming to any specifications provided by BOMAG or furnished by BOMAG.. All such use will be at Your sole risk and liability.

     

    4. Availability. BOMAG will use commercially reasonable efforts to make the Services available for remote access 99% of the time each calendar month of the Term, excluding Excused Outages (as defined below) (“Availability”).  Downtime as a result of any causes beyond the control of BOMAG or that are not reasonably foreseeable by BOMAG, including, without limitation by any of the events noted below are excluded from the Availability calculations (collectively, “Excused Outages”):

    a. your environment issues affecting connectivity or interfering with the Services, including without limitation, your telecommunications connection or any other, your software or equipment, your web sites, your firewall software, hardware or security settings, your configuration of anti-virus software or anti-spyware or malware software, or operator error;

    b. any third-party software, hardware, or telecommunication failures, including Internet slow-downs or failures;

    c. force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of BOMAG;

    d. issues related to third party domain name system (DNS) errors or failures;

    e. scheduled maintenance of the Services, conducted on a regular basis, of which BOMAG will give You a minimum of twenty-four (24) hours advanced notice by email or other pre-approved notification; and

    f. emergency maintenance of the Services, not to exceed four (4) hours in any month, for which You may not receive advanced notice.

    In the event BOMAG fails to achieve the Availability requirement, BOMAG will use commercially reasonable efforts to correct the interruption as promptly as practicable. In the event BOMAG fails to achieve the Availability requirement in two consecutive months during the term of this Agreement, You may terminate this Agreement within thirty (30) days of the end of the second consecutive month, without further obligation and receive a prorated refund of any pre-paid, unused recurring fees. The refund will constitute Your sole and exclusive remedy and BOMAG’s sole and exclusive liability for failure to achieve the Availability requirement.

     

    5. Connectivity. You and End Users are solely responsible for all telecommunication or Internet connections required to access the Services, as well as all hardware and software at Your site. In addition to other third-party costs that may apply, You agree to pay for all telecommunications costs, fees and services required for and dedicated to Your access to the Services. 

     

    6. Proprietary Rights. You acknowledge and agree that (i) all Services, including Support Services, are protected by intellectual property rights, as applicable, of BOMAG and its vendors/licensors and that You have no right to transfer or reproduce any of the foregoing or any software provided with the Services or prepare any derivative works with respect to, or disclose Confidential Information (as defined in Section 13 (Confidentiality)) pertaining to, any Services, including Support Services, or any part of them and (ii) that BOMAG owns all right, title, and interest in and to the Services, including Support Services, including any changes or modifications made to the Services performed in connection with this Agreement, together with all ideas, architecture, algorithms, models, processes, techniques, user interfaces, database design and architecture, and “know-how” embodying the Services, including Support Services. Under no circumstances will You be deemed to receive title to any portion of the Services, including Support Services, title to which at all times will vest exclusively in BOMAG. This is not a “work made for hire” agreement, as that term is defined in Section 101 of Title 17 of the United States Code.  You will preserve all Services from any liens, encumbrances, and claims of any individual or entity. You will not use any Confidential Information disclosed by BOMAG to You in connection with this Agreement to contest the validity of any intellectual property rights of BOMAG or its licensors. Any such use of BOMAG’s Confidential Information will constitute a material, non-curable breach of this Agreement.

     

    7. Your Data. You grant BOMAG a non-exclusive, world-wide, royalty-free license to use all data and other information uploaded or input to the Services, either directly or through the Apps or equipment/hardware purchased from BOMAG or its distributors (the “Data”) for purposes of performing this Agreement. You will be responsible for obtaining all rights, permissions, licenses, and authorizations to provide the Data to BOMAG for use as contemplated under this Agreement.  The Data will constitute Your Confidential Information.  You grant BOMAG a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from You and your End Users’ use of Services and Apps (the “Aggregated Data”) for BOMAG’s business purposes, including the provision of products and services to BOMAG’s customers; provided the Aggregated Data does not include (directly or by inference) any information identifying You or any identifiable individual. 

     

    8. Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) to BOMAG with respect to its products and services, including the Services. Feedback is voluntary. BOMAG may use Feedback for any purpose without obligation of any kind. To the extent a license is required under Your intellectual property rights to make use of the Feedback, You grant BOMAG an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with BOMAG’s business, including the enhancement of the Services.

     

    9. Support and Maintenance.  During the Term, BOMAG will provide you with reasonable telephone support for the Services during BOMAG’s then current business hours.  BOMAG will provide Service updates and bug fixes that BOMAG in its sole discretion makes generally available to its other similarly situated licensees at no charge.  However, you shall not be entitled to receive updates or new releases that include new or different functionality for which BOMAG imposes an additional charge to its other customers.  Such new or different functionality may be purchased by You, in its discretion, at BOMAG’s then current pricing.  BOMAG will use commercially reasonable efforts to correct reproducible failures of the Service to perform in substantial accordance with their then current Documentation.  The support and maintenance services described in this Section may be referred to, collectively, as the “Support Services.”

     

    10. Fees. 

    10.1. In general. You will pay BOMAG the fees for the Services set forth in the Order. Except as provided in Sections 11.2, and 15, all fees are non-refundable.  You will pay all invoices within thirty (30) days of invoice date. Payments not made within that time period will be subject to late charges equal to the lesser of (a) one and one-half percent (1.5%) per month of the overdue amount or (b) the maximum amount permitted under applicable law. In the event an invoice remains unpaid forty-five (45) or more days from the invoice date, BOMAG may, in its discretion, suspend the Services until the invoice is paid in full.  Following the initial year of the Term, on thirty (30) days or one month  prior notice to You, BOMAG may, at its discretion, adjust any or all fees due hereunder. You may terminate this Agreement on written notice to BOMAG within thirty (30) days of its receipt of notice from BOMAG to adjust the fees; provided, however, that if You fail to object to such adjustment in writing within the foregoing thirty (30) days then You will be deemed to have agreed to the adjustment.

    10.2. Taxes. In addition to any other payments due under this Agreement, You agree to pay, indemnify and hold BOMAG harmless from any sales, use, transfer, privilege, tariffs, excise, and all other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the performance of the Services under this Agreement; excluding, however, income taxes on profits which may be levied against BOMAG.

     

    11. Warranties.

    11.1. Your Warranty. You represent and warrants that (a) you have full power, capacity, and authority to enter into this Agreement and to grant the license set forth in Section 7 (Your Data); (b) any Data provided by You to BOMAG for use in connection with the Services does not and will not infringe the intellectual property, publicity, or privacy rights of any person and is not defamatory, obscene, or in violation of applicable foreign, federal, state and local laws, rules and regulations (including but not limited to applicable policies and laws related to spamming, privacy, and consumer protection) (collectively, “Applicable Law”); and (c) your use of the Services will be in compliance with all Applicable Law.

    11.2. BOMAG Warranty. During the Term, BOMAG represents and warrants (i) the Services will substantially comply with the Documentation; (ii) it shall use commercially reasonable efforts to screen the Services for viruses, Trojan horses, worms, and other similar intentionally harmful or destructive code; and (iii) it shall comply with Applicable Law in performing this Agreement.  In the event of a breach of the warranty in Section 11.2(i), BOMAG’s sole and exclusive liability and Your sole and exclusive remedy will be to perform the defective Service. In the event BOMAG is unable through reasonable efforts to correct the defective Service within thirty (30) days from receipt of notice from You of the breach, You may elect to terminate this Agreement and receive a pro-rated refund of any pre-paid, unused recurring fees for the non-conforming Services.

    11.3. Disclaimer of Warranties.  EXCEPT AS PROVIDED IN SECTION 11.2 (BOMAG WARRANTY), THE SERVICES AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. BOMAG AND ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOMAG OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF BOMAG’S OBLIGATIONS HEREUNDER.  THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGES AND AGREES THAT BOMAG AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED PERSONS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB‑SITES, COMPUTERS, OR NETWORKS. BOMAG WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.  YOU ARE RESPONSIBLE FOR PRESERVING AND MAKING ADEQUATE BACKUPS OF YOUR DATA.

     

    12. Your Indemnity. You will defend and indemnify BOMAG and hold it harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) incurred by BOMAG as a result of any claim by a third party arising from (i) Your use of the Services in breach of this Agreement or (ii) Your breach of your warranties or representations herein.  

     

    13. Confidentiality.  During the course of this Agreement, each party may disclose to the other certain non-public information or materials relating to a party’s products, intellectual property, business, marketing programs and efforts, and other confidential information and trade secrets (“Confidential Information”).  For the avoidance of doubt, the Services and Documentation are the Confidential Information of BOMAG and the Your Data is the Confidential Information of You.  Notwithstanding the foregoing, Confidential Information does not include information that: (a) is or becomes publicly available through no breach by the receiving party of this Agreement; (b) was previously known to the receiving party prior to the date of disclosure, as evidenced by contemporaneous written records; (c) was acquired from a third party without any breach of any obligation of confidentiality; (d) was independently developed by a party hereto without reference to Confidential Information of the other party; or (e) is required to be disclosed pursuant to a subpoena or other similar order of any court or government agency, provided, however, that party receiving such subpoena or order shall promptly inform the other party in writing and provide a copy thereof, and shall only disclose that Confidential Information necessary to comply with such subpoena or order. Except as expressly provided herein, the receiving party will not use or disclose any Confidential Information of the disclosing party without the disclosing party’s prior written consent, except disclosure to and subsequent uses by the receiving party’s employees or consultants on a need-to-know basis, provided that such employees or consultants have executed written agreements restricting use or disclosure of such Confidential Information that are at least as restrictive as the receiving party’s obligations under this Section.  Subject to the foregoing nondisclosure and non-use obligations, the receiving party agrees to use at least the same care and precaution in protecting such Confidential Information as the receiving party uses to protect the receiving party’s own Confidential Information and trade secrets, and in no event less than reasonable care.  Each party acknowledges that due to the unique nature of the other party’s Confidential Information, the disclosing party will not have an adequate remedy in money or damages in the event of any unauthorized use or disclosure of its Confidential Information.  In addition to any other remedies that may be available in law, in equity or otherwise, the disclosing party shall be entitled to seek injunctive relief to prevent such unauthorized use or disclosure.  Neither party shall remove or alter any proprietary markings (e.g., copyright and trademark notices) on the other party’s Confidential Information.

     

    14. Limitation of Liability and Damages. NEITHER BOMAG NOR ITS AFFILIATES OR THEIR VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF OR INABILITY TO USE THE SERVICES AND SUPPORT SERVICES.  THE TOTAL LIABILITY OF BOMAG AND ITS AFFILAITES AND THEIR VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE SERVICES AND SUPPORT SERVICES IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

     

    15. Termination. 

    15.1. Termination. This Agreement will terminate (a) on the thirtieth (30th) day after either party gives the other written notice of a breach by the other of any material term or condition of this Agreement, unless the breach is cured before that day; or (b) upon written notice by either party, immediately, if (i) a receiver is appointed for the other party or its property; (ii) the other party becomes insolvent or unable to pay its debts as they mature in the ordinary course of business or makes a general assignment for the benefit of its creditors; or (iii) any proceedings (whether voluntary or involuntary) are commenced against the other party under any bankruptcy or similar law and such proceedings are not vacated or set aside within sixty (60) days from the date of commencement thereof. 

    15.2. Suspension of Services. Notwithstanding any other provision of this Agreement, BOMAG may, in its sole discretion, suspend Your access to the Services for any of the following reasons (a) to prevent damages or risk to, or degradation of, the Services; (b) to comply with any law, regulation, court order, or other governmental request; (c) to otherwise protect BOMAG from potential legal liability; or (d) in the event an invoice remains unpaid for more than forty-five (45) or more days from the invoice date. BOMAG will use reasonable efforts to provide You with notice prior to or promptly following any suspension of the Services. BOMAG will promptly restore access to the Services as soon as the event giving rise to suspension has been resolved. This Section will not be construed as imposing any obligation or duty on BOMAG to monitor use of the Services.

    15.3. Effect of Termination. Upon termination of this Agreement or termination of a particular Service for any reason: (a) Your and all End User’s access to and use of the Services will cease as of the effective date of termination; (b) You will pay to BOMAG all undisputed sums due to BOMAG for Services through the effective date of such expiration or termination (prorated as appropriate); and (c) at BOMAG’s standard time and materials rates, BOMAG will reasonably cooperate with You in transitioning the Data back to You.  The following provisions will survive termination or expiration of this Agreement: 6 (Proprietary Rights), 11.3 (Disclaimer of Warranties), 12 (You Indemnity) (for claims accruing prior to termination), 13 (Confidentiality), 14 (Limitation of Liability and Damages), 15 (Termination), and 16 (General Provisions).

     

    16. Publicity.  BOMAG may identify You as a customer in its listings, web sites, and other promotional materials.  In addition, BOMAG may issue a press release regarding the parties’ new relationship under this Agreement.

     

    17. Force Majeure. Except for the payment of money as described in Section 10 (Fees) of this Agreement, neither party will be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions.

     

    18. General Provisions.  Nothing in this Agreement will create in either party any right or authority to incur any obligations on behalf of, or to bind in any respect, the other party and nothing in this Agreement shall be construed to create any agency, joint venture or partnership. This Agreement constitutes the entire understanding and agreement between the Parties with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement may not be modified, amended or in any way altered except by written amendment signed by authorized representatives of both Parties.  Any waiver, in whole or in part, of any provision of this Agreement will not  be considered to be a waiver of any other provision. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms.  This Agreement is governed by and construed in accordance with the laws of the State of Delaware, as applied to agreements entered into and wholly performed within Delaware between Delaware residents. Any action or proceeding brought by either party hereto shall be brought only in a state or federal court of competent jurisdiction located in Delaware and the Parties submit to the in personam jurisdiction of such courts for purposes of any action or proceeding.  All headings used in this Agreement are for reference purposes only and are not part of this Agreement.  This Agreement is the result of arm’s length negotiations between the Parties and shall be construed to have been drafted by all Parties such that any ambiguities in this Agreement shall not be construed against either party.

     

    19. Electronic Execution.  This Agreement and Orders may be accepted in electronic form (e.g., by an electronic or digital signature or other means of demonstrating assent) and either party’s acceptance will be deemed binding between the parties.  Each party acknowledges and agrees it will not contest the validity or enforceability of this Agreement and related documents, including under any applicable statute of frauds, because they were accepted and/or signed in electronic form.

     

  • Download BOMAP Connect License Agreement
  • NOTE: You must scroll through the entire agreement to check the required box and be able to submit the form.

    Data Processing Agreement 

     

    [PARTY 1]

    and

    BOMAG Americas, Inc.

     

     

    THIS AGREEMENT IS MADE ON THE ________ DAY OF _____ 202[*]

    Parties

    (1) [FULL COMPANY NAME ] incorporated and registered in United States and/or Canada with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (the Customer); and

    (2) BOMAG Americas incorporated and registered in United States and Canada with company number 34-1603223 whose registered office is at Corporation Trust Center, 1209 Orange Street, Wilimington Delaware 19801 (the Provider).

    Background

    (A) The Customer and the Provider entered into licence agreement relating to ‘BOMAP Connect’ (Licence Agreement) that may require the Provider to process Personal Data on behalf of the Customer.

    (B) This Personal Data Processing Agreement (Agreement) sets out the additional terms, requirements and conditions on which the Provider will process Personal Data when providing services under the Licence Agreement. This Agreement contains the mandatory clauses required by Article 28(3) of the General Data Protection Regulation ((EU) 2016/679) for contracts between controllers and processors.

     

    Agreed Terms

    1. Definitions and interpretation

    The following definitions and rules of interpretation apply in this Agreement.

    1.1 Definitions:

    Business Purposes means the services described in the Licence Agreement or any other purpose specifically identified in Appendix A.

    Controller means either: (a) the meaning set forth in the relevant Data Protection Legislation; or (b) absent such a definition, the party that determines the means and purpose of the Processing of Personal Data. “Controller” includes a “business” under the CCPA or CPRA.

    Data Protection Legislation means any applicable international, foreign, national, federal, state, or local, statutes, ordinances, regulations, rules, executive orders, supervisory requirements, directives, circulars, opinions, judgments, interpretive letters, official releases, and other pronouncements having the effect of law relating to Personal Data or collection, use, storage, disclosure, transfer, or other Processing of Personal Data of or by any government, or any authority, department, or agency thereof, or self-regulatory organization, including, without limitation: (a) the EU General Data Protection Regulation 2016/679 and the implementing acts of the foregoing by a member state of the European Union, a member of the European Economic Area and/or Switzerland (the “GDPR”); (b) all data protection laws and regulations applicable to the United Kingdom including the Data Protection Act 2018 and The Data Protection, Privacy and Electronic Communications (EU Exit) Regulations 2019 (the “UK Data Protection Laws”); (c) the CCPA; (d) the CPRA (when in effect); and (e) the Virginia CDPA (when in effect). Data Protection Legislation includes any of the foregoing as amended from time to time and any successor legislation thereto and any regulations promulgated thereunder. Data Protection Legislation includes any of the foregoing as amended from time to time and any successor legislation thereto and any regulations promulgated thereunder. 

    Data Subject means an individual who is the subject of Personal Data.

    Personal Data means: (a) any information relating to an identified or identifiable natural person, or (b) any information that applicable Data Protection Legislation otherwise defines as “personal information” or “personal data” or other similar definition, that is processed by the Provider as a result of, or in connection with, the provision of the services under the Licence Agreement; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, 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.

    Personal Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.

    Processing, processes and process means either any activity that involves the use of Personal Data or as the Data Protection Legislation may otherwise define processing, processes or process. It includes 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. Processing also includes transferring Personal Data to third parties.

    Processor means either: (a) the meaning set forth in the relevant Data Protection Legislation; or (b) absent such a definition, the party that Processes the Personal Data on behalf of the Controller. A “Processor” includes a “service provider” or a “contractor” under the CCPA or CPRA.

    Sale means selling, renting, releasing, disclosing, disseminating, making available, transferring, or communicating by other means any Personal Data in exchange for monetary or other valuable consideration.

    Standard Contractual Clauses (SCC) means the applicable module(s) of the European Commission’s standard contractual clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, as set out in the Annex to Commission Implementing Decision (EU) 2021/914. 

    UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

    1.2 This Agreement is subject to the terms of the Licence Agreement and is incorporated into the Licence Agreement. Interpretations and defined terms set forth in the Licence Agreement apply to the interpretation of this Agreement.

    1.3 The Appendices form part of this Agreement and will have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Appendices.

    1.4 A reference to writing or written includes faxes and email.

    1.5 In the case of conflict or ambiguity between:

    1.5.1 any provision contained in the body of this Agreement and any provision contained in the Appendices, the provision in the body of this Agreement will prevail;

    1.5.2 the terms of any accompanying invoice or other documents annexed to this Agreement and any provision contained in the Appendices, the provision contained in the Appendices will prevail;

    1.5.3 any of the provisions of this Agreement and the provisions of the Licence Agreement, the provisions of this Agreement will prevail; and

    1.5.4 any of the provisions of this Agreement and any executed SCC, the provisions of the executed SCC will prevail.

     

    2. Personal Data types and processing purposes

    2.1 The Customer and the Provider acknowledge that for the purpose of the Data Protection Legislation, the Customer is the Controller and the Provider is the Processor.

    2.2 The Customer retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including providing any required notices and obtaining any required consents, and for the processing instructions it gives to the Provider.

    2.3 Appendix A describes the subject matter, duration, nature and purpose of processing and the Personal Data categories and Data Subject types in respect of which the Provider may process to fulfil the Business Purposes of the Licence Agreement.

     

    3. Provider's obligations

    3.1 The Provider will only process the Personal Data to the extent, and in such a manner, as is necessary for the Business Purposes in accordance with the Customer's written instructions. The Provider will not process the Personal Data for any other purpose or in a way that does not comply with this Agreement or the Data Protection Legislation. The Provider must promptly notify the Customer if, in its opinion, the Customer's instruction would not comply with the Data Protection Legislation.

    3.2 The Provider must promptly comply with any Customer request or instruction requiring the Provider to amend, transfer, delete or otherwise process the Personal Data, or to stop, mitigate or remedy any unauthorised processing.

    3.3 The Provider will maintain the confidentiality of all Personal Data and will not disclose Personal Data to third parties unless the Customer or this Agreement specifically authorises the disclosure, or as required by law. If a law, court, regulator or supervisory authority requires the Provider to process or disclose Personal Data, the Provider must first inform the Customer of the legal or regulatory requirement and give the Customer an opportunity to object or challenge the requirement, unless the law prohibits such notice.

    3.4 The Provider will reasonably assist the Customer with meeting the Customer's compliance obligations under the Data Protection Legislation, taking into account the nature of the Provider's processing and the information available to the Provider, including in relation to Data Subject rights, data protection impact assessments and reporting to and consulting with supervisory authorities under the Data Protection Legislation.

    3.5 The Provider must promptly notify the Customer of any changes to Data Protection Legislation that may adversely affect the Provider's performance of the Licence Agreement.

    3.6 The Provider shall not engage in the Sale of Personal Data.

     

    4. Provider's employees

    4.1 The Provider will ensure that all employees: 

    4.1.1 are informed of the confidential nature of the Personal Data and are bound by confidentiality obligations and use restrictions in respect of the Personal Data; 

    4.1.2 have undertaken training on the Data Protection Legislation relating to handling Personal Data and how it applies to their particular duties; and

    4.1.3 are aware both of the Provider's duties and their personal duties and obligations under the Data Protection Legislation and this Agreement.

     

    5. Security

    5.1 The Provider must at all times implement appropriate technical and organisational measures against unauthorised or unlawful processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of Personal Data, and against accidental or unlawful loss, destruction, alteration, disclosure or damage of Personal Data including, but not limited to, the security measures set out in Appendix B. 

    5.2 The Provider must implement such measures to ensure a level of security appropriate to the risk involved, including as appropriate:

    5.2.1 the pseudonymisation and encryption of personal data;

    5.2.2 the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

    5.2.3 the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and

    5.2.4 a process for regularly testing, assessing and evaluating the effectiveness of security measures.

     

    6. Personal Data Breach

    6.1 The Provider will promptly and without undue delay notify the Customer if any Personal Data is lost or destroyed or becomes damaged, corrupted, or unusable. The Provider will restore such Personal Data at its own expense.

    6.2 The Provider will, without undue delay, notify the Customer if it becomes aware of:

    6.2.1 any accidental, unauthorised or unlawful processing of the Personal Data; or

    6.2.2 any Personal Data Breach.

    6.3 Where the Provider becomes aware of any event described in 6.1 and/or 6.2 above, it shall, without undue delay, also provide the Customer with the following information:

    6.3.1 description of the nature of 6.1 and/or 6.2, including the categories and approximate number of both Data Subjects and Personal Data records concerned;

    6.3.2 the likely consequences; 

    6.3.3 description of the measures taken or proposed to be taken to address 6.1 and/or 6.2, including measures to mitigate its possible adverse effects;

    6.3.4 any other information required under applicable Data Protection Legislation.

    6.4 Immediately following any unauthorised or unlawful Personal Data processing or Personal Data Breach, the parties will co-ordinate with each other to investigate the matter. The Provider will reasonably co-operate with the Customer in the Customer's handling of the matter, including:

    6.4.1 assisting with any investigation;

    6.4.2 making available all relevant records, logs, files, data reporting and other materials required to comply with all Data Protection Legislation or as otherwise reasonably required by the Customer; and

    6.4.3 taking reasonable and prompt steps to mitigate the effects and to minimise any damage resulting from the Personal Data Breach or unlawful Personal Data processing.

    6.5 The Provider will not inform any third party of any Personal Data Breach without first obtaining the Customer's prior written consent, except when required to do so by law.

    6.6 The Provider agrees that the Customer has the sole right to determine whether:

    6.6.1 to provide notice of the Personal Data Breach to any Data Subjects, supervisory authorities, regulators, law enforcement agencies or others, as required by law or regulation or in the Customer's discretion, including the contents and delivery method of the notice; and 

    6.6.2 to offer any type of remedy to affected Data Subjects, including the nature and extent of such remedy.

    6.7 Each party will cover all of its own reasonable expenses associated with the performance of the obligations under this clause 6, provided, however, that to the extent a Personal Data Breach arises out of or results from Provider’s breach of its security obligations or negligence or more culpable acts or omissions, Provider shall reimburse Customer for all actual reasonable costs incurred by Customer in responding to, and mitigating damages caused by, any Personal Data Breach, including all costs of notice and/or remediation pursuant to Section described in clause 6.6.

     

    7. Cross-border transfers of Personal Data

    7.1 The Provider shall not process the Personal Data outside the countries in the European Economic Area (EEA), the United States of America (USA), or the country or countries in which the Customer is established without obtaining the Customer's prior written consent. 

    7.2 Where such consent is granted, the Provider may only process, or permit the processing, of Personal Data outside the EEA or the country or countries of the Customer’s seat of business under the following conditions:

    7.2.1 the Provider is processing Personal Data in a territory which is subject to a current finding by the European Commission under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals. The Provider must identify in Appendix A the territory that is subject to such an adequacy finding; or

    7.2.2 the Provider participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that the Provider (and, where appropriate, the Customer) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the General Data Protection Regulation ((EU) 2016/679). The Provider must identify in Appendix A the transfer mechanism that enables the parties to comply with these cross-border data transfer provisions and the Provider must immediately inform the Customer of any change to that status; 

    7.2.3 The Customer notifies Provider that Customer has obtained valid Data Subject consent to the transfer, or Provider has obtained such consent on Customer’s behalf, each to the extent necessary or permitted under the Data Protection Legislation; or

    7.2.4 the transfer otherwise complies with the Data Protection Legislation for the reasons set out in Appendix A.

    7.3 If any Personal Data transfer between the Customer and the Provider requires execution of SCC in order to comply with the Data Protection Legislation (where the Customer is the entity exporting Personal Data to the Provider outside the EEA or the country of the Customer’s seat of business), the parties will complete all relevant details in, and execute, the SCC, and take all other actions required to legitimise the transfer, including, if necessary: (a) cooperating to register the SCC with any supervisory authority in any EEA country; (b) procuring approval from any such supervisory authority; or (c) providing additional information about the transfer to such supervisory authority.

    7.4 If the Customer consents to appointment by the Provider located within the EEA or the country of the Customer’s seat of business of a subcontractor located outside the EEA or the country of the Customer’s seat of business in compliance with the provisions of clause 8, then the Customer authorises the Provider to enter into SCC with the subcontractor in the Customer’s name and on its behalf.  The Provider will make the executed SCC available to the Customer on request.

     

    8. Subcontractors

    8.1 The Provider may only authorise a third party (subcontractor) to process the Personal Data if:

    8.1.1 the Customer is provided with an opportunity to object to the appointment of each subcontractor within fourteen (14) days after the Provider supplies the Customer with details regarding such subcontractor;

    8.1.2 the Provider enters into a written contract with the subcontractor that contains terms substantially the same as those set out in this Agreement, in particular, in relation to requiring appropriate technical and organisational data security measures, and, upon the Customer's written request, provides the Customer with copies of such contracts;

    8.1.3 the Provider maintains control over all Personal Data it entrusts to the subcontractor; and

    8.1.4 the subcontractor's contract terminates automatically on termination of this Agreement for any reason.

    8.2 Those subcontractors approved as at the commencement of this Agreement are as set out in Appendix A. 

    8.3 Where the subcontractor fails to fulfil its obligations under such written agreement, the Provider remains fully liable to the Customer for the subcontractor's performance of its agreement obligations.

    8.4 The Parties consider the Provider to control any Personal Data controlled by or in the possession of its subcontractors.

    8.5 On the Customer's written request, the Provider will audit a subcontractor's compliance with its obligations regarding the Customer's Personal Data and provide the Customer with the audit results.

     

    9. Complaints, data subject requests and third-party rights

    9.1 The Provider must, at no additional cost, take such technical and organisational measures as may be appropriate, and promptly provide such information to the Customer as the Customer may reasonably require, to enable the Customer to comply with:

    9.1.1 the rights of Data Subjects under the Data Protection Legislation, including subject access rights, the rights to rectify and erase Personal Data, object to the processing and automated processing of Personal Data, and restrict the processing of Personal Data; and

    9.1.2 information or assessment notices served on the Customer by any supervisory authority under the Data Protection Legislation.

    9.2 The Provider must notify the Customer without undue delay if it receives any complaint, notice or communication that relates directly or indirectly to the processing of the Personal Data or to either party's compliance with the Data Protection Legislation.

    9.3 The Provider must notify the Customer within ten (10) working days if it receives a request from a Data Subject for access to their Personal Data or to exercise any of their related rights under the Data Protection Legislation.

    9.4 The Provider will give the Customer its full co-operation and assistance in responding to any complaint, notice, communication or Data Subject request.

    9.5 The Provider must not disclose the Personal Data to any Data Subject or to a third party other than at the Customer's request or instruction, as provided for in this Agreement or as required by law.

     

    10. Term and termination

    10.1 This Agreement will remain in full force and effect so long as:

    10.1.1 the Licence Agreement remains in effect; or

    10.1.2 the Provider retains any Personal Data related to the Licence Agreement in its possession or control (Term).

    10.2 Any provision of this Agreement that expressly or by implication should come into or continue in force on or after termination of the Licence Agreement in order to protect Personal Data will remain in full force and effect.

    10.3 If a change in any Data Protection Legislation prevents either party from fulfilling all or part of its Licence Agreement obligations, the parties will suspend the processing of Personal Data until that processing complies with the new requirements. If the parties are unable to bring the Personal Data processing into compliance with the Data Protection Legislation within four weeks, they may terminate the Licence Agreement on written notice to the other party.

     

    11. Data return and destruction

    11.1 At the Customer's request, the Provider will give the Customer a copy of or access to all or part of the Customer's Personal Data in its possession or control in the format and on the media reasonably specified by the Customer.

    11.2 On termination of the Licence Agreement for any reason or expiry of its term, the Provider will securely delete or destroy or, if directed in writing by the Customer, return and not retain, all or any Personal Data related to this Agreement in its possession or control, except for one copy that it may retain and use for twelve (12) months for audit purposes only.

    11.3 If any law, regulation, or government or regulatory body requires the Provider to retain any documents or materials that the Provider would otherwise be required to return or destroy, it will notify the Customer in writing of that retention requirement, giving details of the documents or materials that it must retain, the legal basis for retention, and establishing a specific timeline for destruction once the retention requirement ends.

    11.4 The Provider will certify in writing that it has destroyed the Personal Data within five (5) working days after it completes the destruction.

     

    12. Records

    12.1 The Provider will keep detailed, accurate and up-to-date written records regarding any processing of Personal Data it carries out for the Customer, including but not limited to, the access, control and security of the Personal Data, approved subcontractors and affiliates, the processing purposes, categories of processing, any transfers of Personal Data to a third country and related safeguards, and a general description of the technical and organisational security measures referred to in clause 5.1 (Records).

    12.2 The Provider will ensure that the Records are sufficient to enable the Customer to verify the Provider's compliance with its obligations under this Agreement and the Provider will provide the Customer with copies of the Records upon request.

    12.3 The Customer and the Provider must review the information listed in the Appendices to this Agreement once a year to confirm its current accuracy and update it when required to reflect current practices.

     

    13. Audits

    13.1 The Provider shall make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer.

    13.2 On request, during the Term and within two (2) years after the expiration or earlier termination of this Agreement, the Customer may at its own expense audit the Provider’s Records using an independent and accredited third-party firm that is reasonably acceptable to the Provider as necessary to verify the Provider’s compliance with this Agreement and Data Protection Legislation. The Customer may conduct any audit under this Section 13.2 at any time during the Provider’s regular business hours on business days at the Provider’s principal place of business or at its data processing facilities and shall not unreasonably interfere with the Provider’s course of business; provided, however, that Customer may not exercise its audit right under this Section 13.2 more than one (1) time in any twelve (12) month period. The Customer shall keep all information obtained during any audit confidential and must impose confidentiality obligations on the third-party accounting firm that are no less restrictive than the confidentiality obligations in the Licence Agreement.

     

    14. Warranties

    14.1 The Provider warrants and represents that:

    (a) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage;

    (b) the nature of the Personal Data protected; and

    (c) comply with all applicable Data Protection Legislation and its information and security policies, including the security measures required in clause 5.1.

    14.1.1 its employees, subcontractors, agents and any other person or persons accessing Personal Data on its behalf have received the required training on the Data Protection Legislation relating to the Personal Data;

    14.1.2 it and anyone operating on its behalf will process the Personal Data in compliance with the Data Protection Legislation and other laws, enactments, regulations, orders, standards and other similar instruments;

    14.1.3 as of the effective date of this Agreement, it has no reason to believe that the Data Protection Legislation prevents it from providing any of the Licence Agreement's contracted services; and

    14.1.4 considering the current technology environment and implementation costs, it will take appropriate technical and organisational measures to prevent the unauthorised or unlawful processing of Personal Data and the accidental loss or destruction of, or damage to, Personal Data, and ensure a level of security appropriate to:

    14.2 The Customer warrants and represents to Provider that:

    14.2.1 It complies with all applicable Data Protection Legislation;

    14.2.2 All processing instructions shall at all times comply with applicable Data Protection Legislation; and

    14.2.3 the Provider's expected use of the Personal Data for the Business Purposes and as specifically instructed by the Customer will comply with the Data Protection Legislation.

     

    15. Notice

    15.1 Any notice or other communication given to a party under or in connection with this Agreement must be in writing and delivered to:

    15.2 For the Customer: [CUSTOMER DATA PRIVACY CONTACT]

    15.3 For the Provider: BOMAG GmbH, Data Protection Officer, Hellerwald, 56154 Boppard, Germany

    15.4 Clause 15.1 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

     

    16. Indemnification; Limitations of Liability

    16.1 In addition to any indemnification obligations set forth in the License Agreement, each party (as the Indemnifying Party) shall defend, indemnify and hold harmless the other party (as the Indemnified Party), the other party’s Affiliates, and their respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively, Losses) incurred by the Indemnified Party arising out of or relating to any claim, suit, action, or proceeding by a third-party (each, an Action) that does or is alleged to arise out of or result from breach of any representation, warranty, covenant or obligation of Indemnifying Party under this Agreement. 

    16.2 Except for liability for indemnification, (a) in no event shall either party be liable under this Agreement to the other party or any third-party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of this Agreement, regardless of (i) whether such damages were foreseeable; (ii) whether or not it was advised of the possibility of such damages; and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based; and (b) in no event shall either party’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Provider pursuant to the License Agreement in the twelve (12) month period preceding the event giving rise to the claim.

     

    This Agreement has been entered into on the date stated at the beginning of it.

     

    Signed by [NAME]

    for and on behalf of [NAME OF CUSTOMER]

     

    ____________________

     

    Signed by [NAME]

    for and on behalf of BOMAG Americas 

     

    ____________________

     

     

    APPENDIX A: Personal Data Processing Purposes and Details

    Subject matter of processing:

    Data processing for the purpose and in the course of providing the services agreed to in the Licence Agreement.

    Duration of Processing:

    Entire term of the Licence Agreement.

    Nature of Processing:

    Under the Licence Agreement, the Provider processes the following types of customer Personal Data: 

    1. Authorised users of the BOMAP Connect portal (backend):  

    - Right of use granted by the customer 

    - User names = e-mail addresses and passwords  

    - E-mail address  

    - Time / scope of the creation of the user, time of the use of the interface for the transmission of the login data to the added user, time of the use of the activation link. 

    - Log data incl. IP address,  

    - User calls in the backend with time stamp, request, response and status code  

    - Time of login to the portal, failed login attempts 

    - Search terms of the user (location determination/display) in the integrated Google Maps function 

    - Projects created/edited by the user with recorded detailed data, e.g. project no., customer, time of creation of the project, CAD data uploaded by the user 

    - Point of Interests created by the user in BOMAP Connect 

    - Settings for scales 

    - Tags 

    - selected language version 

    - Selected mode (Day / Dark) 

    - Granted permissions / own permissions  

    - News internal / external 

    - retrieved data / exports together with times 

    - Archiving a project together with the time 

    - Notifications of malfunctions of the portal to the contractor by the user (content, time) 

    2. App users: 

    - Device ID of the mobile device on which the app was installed, app version, name of the mobile device, version of the operating system 

    - Right of use granted by the customer 

    - App user account: Username = email addresses and passwords  

    - E-mail address 

    - Time / scope of the creation of the user, time of the use of the interface for the transmission of the login data to the added user, time of the use of the activation link. 

    - Log data incl. IP address,  

    - Time of transmission of the compaction values / measured values to the Connect portal 

    - Type of machine, manufacturer, machine ID, drum width 

    - current project  

    - Machine location data incl. times / real-time transmission, direction of travel 

    - Recording of the mechanically processed zones (areas, number and times of the passes at a location, start / stop of the measurement with recording of the compaction measured value at the respective position, temperature, speed, selected amplitude, frequency, split spreader active yes/no ) 

    - Machines used (with serial number, if applicable) 

    - Creation / display of points of interest 

    - Version Joblink interface of the machine 

    - Version of the machine software used

    Business Purposes:

    In order for the customer to be able to use the BOMAG Connect functionalities offered (software as a service), it is necessary to process the data recorded by the customer with the BOMAP app, cf. in this regard under I 2 above, in particular its storage and making accessible to the customer, as well as the data recorded in the portal (authorised users created, user actions), cf. in this regard under I 1 above. The Provider may require access to this data in order to check and rectify faults in BOMAG Connect and to support the customer in certain actions, e.g. setting up users in the portal, creating projects.

    Data Subject Types:

    Employees of the customer 

    Employees of third companies whose employer has formed a consortium (working group) with the customer on the occasion of a specific project / tender. 

    Personal Data Categories (& related risk assessment):

    The parties have examined the risks of the data subjects affected by the processing of the principal's data and have come to the following conclusion: 

    Due to the aspects explained below, it is not necessary to take additional technical and organisational protective measures beyond the average level. 

    The need for protection of the processed data of the data subjects is to be classified as low - medium. A possible misuse would have no or no significant impact on the data subjects. 

    The species concerned were the following groups, classified as follows: 

     

    Data type 

    Risk  

    Justification 

    User name 

    Low 

    These do not have to/should not contain clear names, but rather information such as "User001" etc. It is then not possible to assign the usernames to a person concerned. 

    Contact details of the portal users 

    Low - 

    medium 

    By providing contact details, it may be possible to identify a user; this depends on the contact details provided (telephone extension or central call number/type of e-mail address provided, etc.); the contact details are almost exclusively professional/business contact details, some of which are publicly accessible, e.g. trade register, customer websites; any 

     

     

    risk in the event of loss/disclosure of this data is therefore only of minor significance for the data subjects. 

    Portal user usage data (log data, time of login, etc.) 

    Low - 

    medium 

    From this, it may be possible to analyse from which location (IP address) and at what times which person has used the portal, if the user is identifiable; since the use of the portal is also almost exclusively professional/business, only the professional/business sphere of the person concerned would be affected if there were a data protection breach. 

    Projects, exports 

    Low - 

    medium 

    The pure project data contains the name of the customer's customer and participating companies (consortiums); this is usually not Personal Data; moreover, this is business data and its need for protection is therefore low under data protection law. Insofar as the project data contains individual details that can be traced back to the machine operators, this would be Personal Data (employee data). Since this data is work related/occupationally related, there are also no significant risks for the persons concerned (reputational risk/consequential damage due to unauthorised use of this data or similar). Data concerning the time and type of export of the projects (recipients) also almost exclusively concern persons (senders/recipients) who are active in their professional/business environment. In the event of a breach of protection, no major personal risks are apparent in this respect. 

    News 

    Low - medium 

    Any message content exchanged via the portal or between portal user and user concerns the use of the portal/the project(s) in question. These are almost exclusively business transactions; no major risks for the persons involved are apparent. 

    App user (mobile device 

    ID, device data) 

    Low - 

    medium 

    The app is used almost exclusively for business/professional purposes. These are the mobile end devices provided to the user by the customer. It is possible that an identifiable user name is assigned to the app user. This would make it possible to determine when the user opens/closes the app and initiates processes via it. The risks for the data subjects in the event of a data breach are likely to be low. 

    App users, location data, summarisation data 

    Low - 

    medium 

    The app records the current location of the mobile end device and thus also of the operator (app user), who is also usually the machine operator, by means of the GPS/location recording released by the app user. In addition, with regard to the activated project in which the compaction data (machine data) is recorded, the operating number or similar assigned to the machine is also recorded. From this, when the app user is identified (if he is in the machine), it is clear when the app user was where. There is no significant risk to the freedoms / rights of the data subject, as the data relates to the app user's professional activity.  

     

    Approved Subcontractors:

    Other processors of the Provider are: 

     

    Company, address 

    Type of processing 

    Purpose 

    Type of data 

    Categories of data subjects 

    Telekom Germany GmbH

    Hosting, Cloud

    Service

    Storage of customer data, making the software accessible

    See Appendix B

    See above

    BOMAG GmbH

    Access to user data on the

    occasion of the provision of services

    Setting up of the services for the Customer, provision of support services, monitoring

    See Appendix B

    See above

    Fayat Bomag GmbH & Co.

    Unternehmensführungs KG

    Access to user data on the

    occasion of the provision of services

    Services for the provision of data processing infrastructure

    See Appendix B

    See above

    m2Xpert GmbH & Co KG

    Alfred-Bozi Strasse 21/22

    33602 Bielefeld

     

     

     

    Access to user data on the occasion of the provision of services

     

     

    Software services,

    support

     

     

    See Appendix B

     

    See above

     

     

     

    APPENDIX B- Security Measures

    1. Explanation 

    The Provider offers the "BOMAP Connect" service and must comply with the requirements of Article 32 of the GDPR.  

    Appropriate technical and organisational measures shall be taken to ensure a level of protection appropriate to the risk, taking into account the state of the art, the cost of implementation, the nature, scope, context and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons. 

    The risk identified for the persons affected by the data processing was assessed as low - medium in accordance with Appendix A. 

    The technical and organisational measures are to be aligned with this. 

    The following concept presents in detail the selection of technical and organisational measures suitable for the identified risk, taking into account the protection goals according to the state of the art and with special consideration of the IT systems and processing procedures used. 

    The BOMAP Connect web application and the user and content data are provided and processed for the Provider by BOMAG GmbH using the cloud service of Telekom Deutschland GmbH, Bonn, Germany. In addition, BOMAG GmbH is supported in the operation of BOMAP Connect by the IT service providers named in Appendix A. 

    The following description of the technical and organisational measures is therefore based on the aforementioned structure. 

    2. Organisational and possible technical measures 

    Organisational measures to ensure the special requirements of data protection include, in particular, measures such as the appointment of a data protection officer, service instructions or company agreements, training, obligations, documentation, specifications for the implementation of technical and other measures, the establishment of an authorisation system, review of access control, etc. This also includes the design of internal organisation in such a way that it meets the special requirements of data protection. This also includes the design of the internal organisation in such a way that it meets the special requirements of data protection. To ensure this, BOMAG GmbH has procedures in place to regularly review, assess and evaluate the effectiveness of the technical and organisational measures. 

    Ultimately, organisational and technical measures cannot always be separated from each other. Therefore, the following description of the implemented measures is based on the protection goals of Article 32 (1) of the GDPR as well as on the different IT systems or acting companies. 

     

     

    A. Cloud service of Telekom Deutschland GmbH 

    1. Description  

    Telekom Deutschland GmbH provides BOMAG GmbH with the server infrastructure for BOMAP Connect in the form of virtual servers with an operating system. Furthermore, Telekom Deutschland GmbH provides an internet connection, a firewall and a backup system. Therefore, Telekom Deutschland GmbH also has access to the cloud and the Personal Data processed there as well as any additional information provided by the customer within the scope of support.  

    The cloud service is provided in the form of "IaaS" (Infrastructure as a Service) by Telekom Deutschland GmbH in Germany and Hungary. Telekom Deutschland GmbH is certified/audited according to the following standards: 

    https://open-telekom-cloud.com/de/sicherheit/datenschutz-compliance   

    2. Measures  

    The following technical and organisational security measures, among others, have been agreed with Telekom Deutschland GmbH, compare, among others, the Annex to the Supplementary Terms and Conditions for Commissioned Data Processing of Personal Data for Open Telekom Cloud: 

    a) Confidentiality (Art. 32) 

    - Access control

    No unauthorised access to data processing systems, e.g.: Magnetic or chip cards, keys, electric door openers, factory security or gatekeepers, alarm systems, video systems; 

    - Access control 

    No unauthorised system use, e.g.: (secure) passwords, automatic locking mechanisms, two factor authentication, encryption of data media; 

    - Access control 

    No unauthorised reading, copying, modification or removal within the system, e.g.: Authorisation concepts and needs-based access rights, logging of accesses; 

    - Separation control 

    - Separate processing of data collected for different purposes, e.g. multi-client capability, sandboxing; 

     

    b) Integrity (Art. 32) 

    - Transfer control 

    No unauthorised reading, copying, modification or removal during electronic transmission or transport, e.g.: Encryption, Virtual Private Networks (VPN), electronic signature,  

    - Input control 

    Determining whether and by whom Personal Data have been entered into, changed or removed from data processing systems, e.g.: Logging, document management; 

    c) Availability and resilience (Art. 32) 

    - Availability control 

    Protection against accidental or deliberate destruction or loss, e.g.: Backup strategy (online/offline, on-site/off-site), uninterruptible power supply (UPS), virus protection, firewall, reporting channels and emergency plans; 

    - Rapid recoverability (Art. 32 (12) (c) GDPR) 

    d) Procedures for regular review, assessment and evaluation (Art. 32(1)(d) GDPR; Art. 25(1) GDPR) 

    - Data protection management; 

    - Incident response management; 

    - Data protection-friendly default settings (Art. 25 (2) GDPR); 

    - Order control 

    No commissioned data processing within the meaning of Art. 28 GDPR without corresponding instructions from the customer, e.g.: Clear contract design, formalised order management, strict selection of the service provider, obligation to convince in advance, follow-up checks.  

    Details of sub-processors / services / processing locations:  

    Separate authorisation: Telekom intends to use the following sub-processors for the following services / at the following processing locations:  

    - T-Systems International GmbH 

    60528 Frankfurt am Main, Hahnstraße 43 d 

    Services: Cloud provider 

    Processing location: Germany, Netherlands 

    - Deutsche Telekom Regional Solutions & Products GmbH 

    53113 Bonn, Friedrich-Ebert-Allee 71-77 

    Services: 1st & 1.5 Level Support 

    Processing location: Germany 

    - IT Services Hungary 

    H-1097 Budapest, Toth Kalman u 2/B 

    Services: Operation, 1st and 2nd Level Support 

    Processing location: Hungary 

    - Deutsche Telekom IT GmbH 

    53227 Bonn, Landgrabenweg 151 

    Service: MyWorkplace 

    Processing location: Germany 

    - STRATO AG 

    10587 Berlin, Pascalstraße 10 

    Services: Service Desk 

    Processing location: Germany 

    - Axivas Germany GmbH 

    68723 Schwetzingen, Carl-Benz-Straße 9-11 

    Services: Service Desk 

    Processing location: Germany, Netherlands 

    - Deutsche Telekom Individual Solutions & Products GmbH 

    53113 Bonn, Friedrich-Ebert-Allee 70 

    Services: Hardware maintenance and installation 

    Processing location: Germany, Netherlands 

    - GULP Solutions Services GmbH & Co.KG 

    50667 Cologne, Breite Straße 137-139 

    Service: Service desk 

    Processing location: Germany, Magdeburg 

    Used by Deutsche Telekom Individual Solutions & Products GmbH 

    - I.T.E.N.O.S. International Telecom Network Operation Services GmbH 

    53119 Bonn, Lievelingsweg 125 

    Service: Hardware maintenance and installation 

    Processing location: Germany, Bonn 

    Used by: Deutsche Telekom Individual Solutions & Products GmbH 

     

    B. BOMAG GmbH and FAYAT BOMAG GmbH & Co. Unternehmensführungs KG 

    1. Description of the services provided by BOMAG GmbH and FAYAT BOMAG GmbH & Co. Unternehmensführungs KG 

    BOMAG GmbH is a company affiliated with the Provider and supports the Provider in the provision to the Customer of the services required to fulfil the respective customer contract, in particular by establishing access to the cloud (setting up the service for the customer, providing support services for the customer, monitoring). 

    FAYAT BOMAG GmbH & Co. Unternehmensführungs KG is an affiliated company of BOMAG GmbH and provides services to BOMAG GmbH in connection with the provision of the data processing infrastructure used for the execution of the BOMAP Connect customer contracts.  

    Here, employees of both companies can see the data of the portal users as well as the project data stored by the customer and the information transmitted via app. 

    Access is via secure web access (https and user authentication, administrative SSH access). 

    The following IT systems, among others, are used for this purpose: 

    - Mobile devices 

    - Non-mobile devices  

    - Firewalls 

    - LAN/WAN/WLAN (encrypted) Infrastructure 

    - VPN 

    2. Measures  

    BOMAG GmbH and FAYAT BOMAG GmbH & Co. Unternehmensführungs KG use the following technical and organisational security measures, among others: 

    a) Confidentiality (Art. 32) 

    - Access control 

    - The contractor's building is protected by security measures against unauthorised entry. 

    - the premises can only be entered outside business hours via an access control system (ZKS) or locking system. 

    - Access to the office spaces is controlled by the ZKS at all times. The doors are equipped with motor locks and are kept locked at all times. 

    - individual offices and server rooms are only accessible via the ZKS. 

    - In addition to the ZKS, the building floor doors are equipped with a cylinder locking system. 

    - The ZKS contains an automatic access logging system limited in number. 

    - Access to the server rooms is only possible for authorised persons. 

    - Role-based access authorisation (ZKS) according to access concept (documentation of access rights) 

    - Visitors/third parties must register at reception and will be accompanied by staff.  

    - Authorised third parties have access to the server rooms only when accompanied by IT staff. 

    - The building and office space entrances are video-monitored. 

     - Access control 

    - Access to the Contractor's IT systems is protected by passwords. 

    - There is only password-protected access at both operating system and application level (applications with Personal Data). 

    - Passwords comply with an internal password policy in line with the current state of security. 

    - Access to IT systems is automatically blocked if the wrong password is entered several times. 

    - Access is enabled either only for the employee entrusted with processing the data or for a group created according to a role concept. 

    - The network structure is divided into several network segments for the different tasks (WAN, LAN, DMZ) via a hardware firewall. 

    - External access to BOMAG's internal network or to the operating system level of the hosted systems at a subcontractor (in the case of a hosting contract) is only possible via an encrypted VPN connection. 

    - Up-to-date virus protection is installed on all clients. 

    - The data carriers of the notebooks are completely encrypted. 

    - Access control 

    - Individual access rights are set centrally using a documented role concept. 

    - The data carriers of the notebooks are completely encrypted. 

    - User control 

    - An identity and access management system is used. 

    - For non-AD systems, application authentication is used. 

    - There is a password policy that is binding for all employees and corresponds to the current state of security. 

    - If technically feasible, the complexity requirements for the password are stored in the applications (e.g. Active Directory). 

    - If the number of possible failed attempts is exceeded, the user account is blocked for a specified time or permanently. 

    - If technically possible, there is a requirement to change the password periodically. 

    - Each employee has a personal password known only to him or her. 

    - Data carrier control 

    - Data carriers are securely deleted before they are used for any other purpose on the basis of a data deletion concept. 

    - Disposal of electronic data carriers with data only to certified disposal companies (subcontractors) with reference to the necessary security level for destruction. 

    - Transmission control 

    - If required, the Contractor shall provide FTP access with optional encryption for the Client. 

    - Transport control 

    - Web access to systems containing Personal Data is encrypted. 

    - Separation control 

    - Production and test systems are separated. 

    - Pseudonymisation and encryption (Art. 32 para; Art. 25 ) 

    - All login data from our own online portals are transmitted in encrypted form (webshop, partner & support portal, ...). 

    - Data carriers in notebooks are encrypted. 

    b) Integrity (Art. 32) 

    - Transfer control 

    - The procedures for the transmission of Personal Data are documented in the procedural descriptions.  

    - Visitors do not have access to the company LAN/WLAN. 

    - Input control 

    - There are differentiated permissions that allow only authorised users/user groups to save a data set. 

    - Data integrity 

    - The ERP software is only used via protocols defined by the manufacturer. 

    - Regular restoration of random samples from backup copies is carried out and logged. 

    c) Availability and resilience (Art. 32) 

    - Availability control 

    - All systems required for data processing are monitored. In the event of an error, the IT staff is notified. 

    - Up-to-date virus protection is installed on all clients. 

    - Security-relevant updates are installed regularly and promptly. 

    - For hosting contracts: Server systems of the subcontractor "Telekom AG". 

    - To protect against accidental destruction or loss, the subcontractor shall perform a daily data backup of the entire server system to a physically separate backup infrastructure. 

    - Reliability 

    - Active service contracts are in place for all important hardware and software systems with response times appropriate to the system task. 

    - Recoverability (Art. 32) 

    - The systems are backed up using a defined data backup concept. 

    - Backing up entire virtual machines ensures faster recovery. 

    d) Procedures for regular review, assessment and evaluation (Art. 32(1)(d) GDPR; Art. 25(1) GDPR) 

    - A data protection officer exists. 

    - Regular data protection training is provided for all employees.  

    - Order control 

    - Subcontractors have been carefully selected and agreements have been concluded with them in accordance with Art. 28.

     

    C. m2Xpert GmbH & Co KG 

    1. Description of the services of m2Xpert GmbH & Co KG 

    The company m2Xpert GmbH & Co KG, Bielefeld, Germany, assists BOMAG GmbH with support, troubleshooting and further development of BOMAP Connect. m2Xpert carries out service work on the software it has developed, which is operated by BOMAG. For this purpose, m2Xpert accesses internal databases and log data of the system in case of errors. m2Xpert also imports new software versions into the system. m2Xpert has no direct contact with customers. 

    Access is via secure web access (https) and administrative SSH access. 

    The following IT systems, among others, are used for this purpose: 

    - Mobile devices 

    - Non-mobile devices  

    - Firewalls 

    - LAN/WAN infrastructure 

    2. Measures  

    The following technical and organisational security measures, among others, have been agreed with m2Xpert GmbH & Co KG; compare, among other things, the annex to the commissioned processing of Personal Data for BOMAP Connect:  

    a) Confidentiality (Art. 3) 

    - Access control 

    No unauthorised access to data processing systems, e.g.: Keys, alarm systems, video systems; 

    - Access control 

    No unauthorised system use, e.g.: (secure) passwords; 

    - Access control 

    No unauthorised reading, copying, modification or removal within the system, e.g.: Authorisation concepts and needs-based access rights; 

     

    b) Integrity (Art. 32 para. 1) 

    - Transfer control 

    No unauthorised reading, copying, modification or removal during electronic transmission or transport, e.g.: Encryption, Virtual Private Networks (VPN); 

     

     

     

     

     

     

     

     

     

     

      

     

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