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Privacy Statement
1. Scope of application
1.1 Below you will find information about the collection, storage and
processing of personal data when using the services of TeamSpeak Systems
Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to
as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün,
are entered in the commercial register of the Munich Local Court under
the registration number HRB 172523 (hereinafter referred to as TeamSpeak
DE; hereinafter referred to both companies jointly as TeamSpeak) under
the domains teamspeak.com, teamspeakusa.com and myteamspeak.com
(hereinafter referred to collectively as "Teamspeak.com" and the latter
as "Myteamspeak.com" and all three collectively referred to as
"Website(s)"), which may also be accessed as a mobile version. This
applies in particular - but not exclusively - to the download of the
software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client"
(hereinafter jointly referred to as "Software Solutions"), the
downloading and use of the "TS3 Client" and "TS5 Client" (for PC or
mobile devices), participation in the Forum and the uploading and
downloading of TeamSpeak's own software programs that are compatible
with TeamSpeak's software solutions and released by TeamSpeak
(hereinafter referred to as "Add Ons").
1.2 Personal data are all data which can be traced back to you
personally, i.e. which could be associated with your person. These are
in particular name, e-mail address, address, telephone number, user
behaviour, IP address, etc.
2. Service provider
2.1 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA.
Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1
p. 1 DSGVO is TeamSpeak.
2.2 The websites operated by TeamSpeak USA contain links which, when
activated, will take you to the websites of third parties. TeamSpeak USA
expressly points out that in this case you must inform yourself on the
linked website about the collection, storage and processing of personal
data by the third party provider, as TeamSpeak USA has no influence on this.
3. Information
3.1 You have the right to request detailed information from TeamSpeak
USA at any time about the personal data stored and processed about you
and its origin, the purpose of storage and processing and the recipients
or categories of recipients to whom such data will be disclosed.
3.2 Please send your request for information by e-mail to
privacy@teamspeak.com or by e-mail, telephone, post or fax to the
contact details provided in the imprint on the websites operated by
TeamSpeak USA.
4. Revocation
4.1 You can revoke your consent to the storage, collection and
processing of your personal data at any time.
4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by
e-mail, telephone, post or fax to the contact details provided on the
websites operated by TeamSpeak USA.
5. Use of cookies
5.1 When using the websites operated by TeamSpeak USA, cookies are
stored on your computer, even if they are used for purely informational
purposes on the websites operated by TeamSpeak USA.
5.2 Cookies are small text files that are stored on your hard drive,
assigned to the browser you are using, and through which certain
information is transmitted to the location that sets the cookie. Cookies
cannot execute programs and, above all, cannot transmit viruses to your
computer. Cookies are used in particular to make the websites operated
by TeamSpeak USA more user-friendly.
5.3 If you have a user account for the websites operated by TeamSpeak
USA, cookies are used in particular to identify you for subsequent
visits to the websites operated by TeamSpeak USA. This prevents you from
having to log in again for each visit.
5.4 The websites operated by TeamSpeak USA use the following types of
cookies:
* Transient cookies, i.e. with temporary use
* Persistent cookies, i.e. with a limited period of use
* Third party cookies, i.e. cookies from third parties
5.5 Transient cookies are deleted as soon as you close your browser.
These include in particular the so-called session cookies. Session
cookies store a session ID that allows your browser's requests to be
associated with the session, so that your computer can be recognized by
the system when you return to the website operated by TeamSpeak USA. As
soon as you log out or close your browser, all session cookies are
automatically deleted.
5.6 Persistent cookies will only be deleted after a period of time that
is dependent on the respective cookie and extends beyond the session,
but no later than two months after the cookie has been set. You can
delete these cookies at any time automatically in the security settings
of your browser.
5.7 In your browser settings you can adjust the use of cookies
individually and also prevent them completely. In particular, you can
also completely prevent the use of third party cookies. In this case,
however, you may not be able to use all the features of the websites
operated by TeamSpeak USA.
5.8 The information stored via cookies is stored separately from and not
linked to your other personal data.
5.9 TeamSpeak USA would like to point out that third-party providers who
collect data using cookies also use data about the use of websites
operated by TeamSpeak USA for user-generated advertising on other
websites. TeamSpeak USA has no influence on this data collection.
6. Informational use of the websites operated by TeamSpeak USA
6.1 For purely informational use of the websites operated by TeamSpeak
USA, TeamSpeak USA collects only the data transmitted by your browser,
which is this:
* Your IP address
* Date, time, and duration of your visit to the respective TeamSpeak
USA Web site
* Your user behavior, i.e., your visit to the respective website
operated by TeamSpeak USA, subpages of the websites operated by
TeamSpeak USA, and the order of your visits, clicks made, and time
spent on individual pages and subpages
* Time zone difference to Greenwich Mean Time
* The access status / http status code
* Concrete amounts of data transferred
* Operating system and its interface
* Browser as well as language and version of the browser software
* The website from which the request originates
When using a mobile device, the following data is also stored:
* Type of mobile device and its settings
* Your location from which you access the TeamSpeak USA Web site.
6.2 You are deemed to be using the TeamSpeak USA Websites for
informational purposes only if you do not sign up for a customer
account, forum account or developer account, download the software
solutions or the TeamSpeak Software Client, upload or download add-ons,
submit a request through the TeamSpeak USA Websites or otherwise submit
personal information to TeamSpeak USA.
7. Data collection when purchasing licenses for software solutions
via Teamspeak.com
7.1 If you wish to purchase licenses for the software solutions or other
services from TeamSpeak USA through the TeamSpeak USA Websites, you must
create a customer account. An order without an existing or new customer
account is not possible.
7.2 When you register for a User Account, the data you enter during the
registration process will be stored, subject to TeamSpeak USA deleting
your User Account at any time upon your request.
7.3 The data transmitted by you will be used in particular for the
mutual fulfilment of the contract. For this purpose, your data may also
be passed on to the partners required to fulfil the contract. This is in
particular the payment service provider PayPal Inc, 2211 North First
Street, 95131 San José, California, USA (hereinafter referred to as
"PayPal"). You can find further information on the transfer of your
personal data to third parties under section 15 of this data protection
declaration.
7.4 TeamSpeak USA also uses your personal data for marketing and
advertising purposes for TeamSpeak services. Without your specific
consent, however, TeamSpeak will only send you information about
TeamSpeak's services that is similar to the services you have used.
7.5 You have the right at any time to have your account deleted by
TeamSpeak USA by sending a request to that effect to the e-mail address
privacy@teamspeak.com or the data specified in the imprint of the
TeamSpeak USA website. In the event that your user account is deleted at
your request, your data will be deleted immediately as soon as it is no
longer required to fulfill the contract and TeamSpeak USA is not legally
obliged to store it.
7.6 In order to prevent unauthorized access by third parties to your
personal data, in particular financial data, the order process is
encrypted using SSL technology.
8. Data collection when downloading the TS3 client and the TS5 client
8.1 In the case of downloading a version of the TS3 Client and TS5
Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy
Policy shall apply mutatis mutandis. TeamSpeak USA does not collect,
store or process any additional personal data from you during download.
8.2 If you download a version of the TS3 Client and TS5 Clients for
mobile devices, you will be directed to the Apple AppStore (for the iOS
version) or the Android Market (for the Android version) of a third
party website.
8.2.1 For the collection, storage and processing of personal data by
TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy
shall apply mutatis mutandis. During the download, TeamSpeak USA does
not collect, store or use any additional personal information about you.
8.2.2 The third party provider collects, stores and uses personal data
from you. Please refer to the third-party provider's website for
information about the collection, storage and use of personal data by
the third party, as TeamSpeak USA has no control over such collection,
storage and use.
9. Data collection, storage and processing when using the TS3 client
and TS5 client (PC/Mac)
9.1 TeamSpeak USA collects, stores and processes the following personal
data from you when using the TS3 Client and TS5 Client for the PC/Mac:
* IP address
* Information on the operating system used (32 bit or 64 bit)
* User behaviour (in particular buttons and menu items pressed)
* Crash Report, if you send such a report to TeamSpeak USA (program
lines, disruptive incident, essential data of the hardware used)
9.2 TeamSpeak USA uses this data solely for quality control purposes and
for the further development of the software solutions as well as the TS3
client and the TS5 client. The data referred to in Section 9.1 of this
Privacy Policy will not be linked or otherwise associated with any other
data stored about you. The data will be anonymised for further
processing immediately after collection.
9.3 If you do not consent to the collection, storage and processing of
the data referred to in Section 9.1 of this Privacy Policy, you can
exclude this in the field marked "Anonymous Statistics". To access this
field, follow the menu items "Settings", "Options" and then "Applications".
9.4 You may at any time object to the collection, storage and processing
of the data referred to in Section 9.1 at any time. Please send your
objection by e-mail to privacy@teamspeak.com or object by e-mail,
telephone, post or fax using the information provided in the imprint of
the web pages operated by TeamSpeak USA. All data that can be traced
back to you personally will be deleted immediately in the event of an
objection.
9.5 The sending of a crash report in the event of a fault is voluntary
and requires your separate consent to the collection, storage and
processing of data, which is separately requested by you before the
crash report is sent. In the event that a crash report is sent, sections
9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis.
10. Server rent
10.1 TeamSpeak USA exclusively arranges the rental of server space from
third-party providers.
10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection
declaration shall apply accordingly. TeamSpeak USA itself does not
collect, store or process any additional personal data about you when
arranging the server rental.
10.3 TeamSpeak has no influence on the collection, storage and
processing of personal data by the third party provider. Therefore,
please inform yourself about the collection, storage and processing of
personal data by the third party provider.
11. Use of the forum
11.1 The TeamSpeak Forum can be read without requiring registration. In
this case, the use of the websites operated by TeamSpeak USA is for
informational purposes only (see section 6 of this Privacy Policy).
11.2 In order to actively participate in the forum, you must register
and create a forum account. When you register, you must enter a user
name, password, date of birth and e-mail address. There is no obligation
to use a clear name, use under a pseudonymous user name is possible.
11.3 TeamSpeak USA uses the so-called double opt-in procedure for
registration, i.e. your registration is not completed until you have
previously confirmed your registration by clicking on the link contained
in an e-mail sent to you for this purpose. If your confirmation is not
received in time, your registration will automatically be deleted from
the database.
11.4 The information you provide during registration will be stored by
TeamSpeak USA and linked to the content you publish, which will also be
stored by TeamSpeak USA. This data will only be used to operate the
forum and to process the contract concluded with you regarding the use
of the forum.
11.5 TeamSpeak USA may at any time ask you to have your forum account
deleted by TeamSpeak USA by sending an e-mail to privacy@teamspeak.com
or by providing the information specified in Teamsspeak.com's imprint.
In this case, the personal data stored on your forum account will be
deleted immediately as soon as they are no longer required for
processing the contractual relationship regarding the use of the forum
and TeamSpeak USA is not legally obliged to store them. Posts published
by you will be displayed anonymously after successful deletion of your
forum account under the "Guest" flag.
12. Uploading and downloading add-ons
12.1 Uploading Add Ons requires registration for a customer account as a
Developer (hereinafter referred to as "Developer Account").
12.1.1 During the registration process, email address, name and
telephone number shall be provided and transmitted to TeamSpeak USA.
12.1.2 The data provided by you during the registration process will be
stored subject to immediate deletion by TeamSpeak USA in response to
your request for deletion at any time.
12.1.3 The data provided during the registration process will be used
for the performance of the contract by both parties and to enforce any
claims against you (in particular if the add-ons uploaded by you violate
applicable law or the General Terms and Conditions).
12.1.4 TeamSpeak USA will also use the information provided during the
registration process for marketing and promotional purposes regarding
TeamSpeak's services. However, without your specific consent, TeamSpeak
USA will only send you information about services that are similar to
the services you are receiving for this purpose.
12.1.5 You have the right at any time to have your Developer Account
deleted by sending a request to that effect to the e-mail address
privacy@teamspeak.com or the data specified in the imprint of the
websites operated by TeamSpeak USA. In the event that your Developer
Account is deleted upon your request, your data will be deleted
immediately as soon as it is no longer required for mutual contract
fulfillment and TeamSpeak USA is not legally obliged to store it.
12.2 Registration is not required for the purpose of downloading Add
Ons. Clauses 5 and 6 of this data protection declaration shall apply
mutatis mutandis.
13. Use of the online inquiry; order by e-mail, fax or telephone
13.1 You also have the opportunity to contact TeamSpeak USA online
through your customer account and by telephone and email.
13.2 The data you send or provide will be used to respond to your
inquiry and to contact you by telephone or e-mail and, where
appropriate, for the performance of the contract by both parties. If
your data is also used for the purpose of mutual contract fulfilment,
clauses 5 and 6 of this data protection declaration apply accordingly.
14. Social networks and third-party services
14.1 TeamSpeak USA uses social media plug-ins from the social networks
Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the
websites operated by TeamSpeak USA.
14.2 Without you clicking on the button of a plug-in, no personal data
will be transmitted to the providers of these plug-ins, regardless of
whether you place an order or not.
14.3 If you press the button of a plug-in, personal data is
automatically transmitted to the provider of the plug-in and can be
stored and used by the latter. Please note that this can take place
abroad, i.e. in particular in the United States of America.
14.4 TeamSpeak has no complete knowledge of the type and scope of data
collection and its use and processing and cannot influence these.
14.5 If you activate a Plug-In, the Plug-In Provider will be notified
that you have activated the Plug-In Provider on the relevant TeamSpeak
USA web page or subpage of the relevant TeamSpeak USA web page. In
addition, the information specified in section 6 of this Privacy Policy
will be transmitted to the plug-in provider. According to the plug-in
provider's own information, in the case of Facebook in Germany only an
anonymous IP address is collected and transmitted.
14.5.1 The data collection and transmission referred to in Section 14.5
of this Privacy Policy shall take place regardless of whether you have a
user account with the respective plug-in provider or not. If you have a
user account with the respective plug-in provider and you are logged in
to this user account at the time you click on the respective plug-in,
the data transmitted to the respective plug-in provider will be assigned
directly to your user account. If you confirm the activated plug-in and,
for example, link the page, the plug-in provider also stores this
information in your user account and can also publicly communicate this
to your contacts. To prevent assignment to your user account with the
respective plug-in provider, you should log out of your user account
with the respective plug-in provider before clicking on the plug-in on
the websites operated by TeamSpeak USA.
14.5.2 The respective plug-in provider stores the data transmitted to
it, regardless of whether you are also logged in to your user account
with the respective plug-in provider, usually as user profiles which are
used, for example, for the following purposes:
* Demand-oriented advertising
* market research
* Optimisation of the Plug-In provider's Internet pages according to
requirements
* Inform other members of the social network about your activities on
the websites operated by TeamSpeak USA.
14.6 You are entitled to object to the creation of user profiles with
the data collected about you. To do this, contact the respective plug-in
provider. TeamSpeak has no control over, and is not responsible for,
compliance with your objection.
14.7 Further information on this and your rights in this regard can be
found in the data protection declarations of the plug-in providers as
the responsible bodies, which you can access as follows:
14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304
USA – https://www.facebook.com/policy.php
<https://www.facebook.com/policy.php>
14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View,
California 94103 USA – https://www.google.com/policies/privacy/partners
<https://www.google.com/policies/privacy/partners/>
14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco,
California 94103 USA – https://twitter.com/privacy
<https://twitter.com/privacy>
14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno,
CA 94066 USA – https://policies.google.com/privacy
<https://policies.google.com/privacy>
14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2^nd Floor,
San Francisco, CA 94104 USA –
https://www.twitch.tv/p/legal/privacy-notice/
<https://www.twitch.tv/p/legal/privacy-notice/>
14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025
USA – https://help.instagram.com/155833707900388
<https://help.instagram.com/155833707900388>
15. Data transfer to third parties
15.1 TeamSpeak may disclose your personal data to third parties if
contractually agreed services and terms are offered jointly with the
third party provider or include the third party provider's services. In
this case, TeamSpeak will inform you of the transfer of the data to the
third party during the ordering process.
15.2 TeamSpeak shall also process the data via external service providers.
15.2.1 These external service providers shall be carefully selected by
TeamSpeak and commissioned in writing. The external service providers
involved in data processing are bound by TeamSpeak's instructions and
are regularly checked for compliance with data protection and data security.
15.2.2 The external service providers are not entitled to pass on the
data to third parties.
15.3 TeamSpeak will only process your personal data if permitted by law.
In most cases we will process your personal data:
* With your consent, and please note that you have the right to
withdraw your consent at any time by contacting us.
* Where TeamSpeak has a contract to fulfill that we enter into or have
already entered into with you.
* Where it is necessary that the legitimate interests of TeamSpeak (or
those of a third party) and your interests and fundamental rights do
not override those interests.
* Where TeamSpeak must meet a legal or regulatory obligation.
The table below shows how TeamSpeak processes your personal data. Please
contact TeamSpeak USA for more information on the specific processing
requirements.
Below is a breakdown by activity of how TeamSpeak processes your data:
*Ordering a product or service*
To process or deliver a product or service that you have ordered from
TeamSpeak USA, including:
* Online orders or orders on one of our websites
* When we refund a payment
* To manage payment and fees
* To collect money owed to us
* Any other contractual agreement that we agree to enter into with you.
*Personal data*
* identity data
* contact details
* Financial data
* transactional data
*Basis for processing*
* performance of a contract with you
* Necessary for the legitimate interests of TeamSpeak USA to obtain
funds owed to TeamSpeak USA.
*Register with TeamSpeak USA*
To process your registration at TeamSpeak USA including:
* Receive news, offers, promotions and updates
* to receive a voucher
* fully use our apps including myTeamSpeak
* if you register otherwise than as one of our customers.
*Personal data*
* identity data
* contact details
* profile data
*Basis for processing*
* Fulfilment of a contract with you
*Direct marketing*
To tailor direct marketing to you and to send you direct marketing
communications including via :
* enamel
* TEXT MESSAGE
* push notifications
*Personal data*
* identity data
* contact details
* Technical data
* transactional data
* consumption data
* profile data
* Marketing and communication data
*Basis for processing*
* With regard to tailoring direct marketing, necessary for the
legitimate interests of TeamSpeak USA, which are to develop its
business and inform its marketing strategy
* With respect to sending direct marketing where you are a customer
and you have not previously opted out of receiving such direct
marketing as necessary for the legitimate interests of TeamSpeak
USA, which is to provide you with relevant products and services in
relation to what we have previously provided to you.
* With respect to sending direct marketing where you are not a
TeamSpeak USA customer, your consent is given when you sign up for
our mobile app, provide your details on our website or otherwise,
and you give your consent.
*Raffles, contests and/or surveys*
Give you the opportunity to participate in sweepstakes, contests or surveys.
*Personal data*
* identity data
* contact details
* consumption data
* profile data
* Marketing and communication data
*Basis for processing*
* Fulfilment of a contract with you
* Necessary for TeamSpeak's legitimate interests, which are to
investigate how customers use our products and services, to develop
them, and to expand our business.
*General Information*
TeamSpeak's customers to understand, aggregate general information from
various sources to create a profile of you; this may include:
* Understand your habits, where you are from time to time, your
personal circumstances and those of your family or household, and
the things you may like, dislike and interest you.
* how you interact with us, such as subscribing to news, offers,
promotions and updates, completing surveys, participating in
contests, browsing mobile apps, websites, evaluating interaction -
such as through likes and comments - with our social media accounts
and our products and services in public forums.
* Create aggregated data
*Personal data*
* identity data
* contact details
* Technical data
* transactional data
* consumption data
* profile data
* Marketing and communication data
*Basis for processing*
* Necessary for TeamSpeak's legitimate interests, which are to develop
our business, products, services, content and advertising campaigns
to make them relevant to you and to track the effectiveness of our
advertising campaigns
*Notifications*
TeamSpeak's relationship with you, which includes the following:
* Notify you of changes to our privacy policy
* Notify you of operational changes to TeamSpeak products, services,
websites and mobile apps, such as when TeamSpeak would withdraw one
of its apps.
* Get feedback from you from time to time about TeamSpeak brands,
websites, mobile apps and other services and activities.
* Respond to your questions, suggestions, problems or complaints,
respond to them and deal with them, and report and analyse them.
* Respond to any social media reviews, postings or other public
comments you make about TeamSpeak, its trademarks, websites, mobile
apps, services, or other activities
*Personal data*
* identity data
* contact details
* profile data
* Marketing and communication data
* Sensitive data (only as required for dealing with feedback and
complaints on specific topics)
* Data from children (only as necessary for dealing with feedback and
complaints on specific topics)
*Basis for processing*
* Fulfilment of a contract with you
* Necessary to comply with a legal obligation
* Necessary for TeamSpeak's legitimate interests (to keep records up
to date and to investigate how customers use products/services)
*Management and protection *
Manage and protect TeamSpeak's business and website, and ensure the safe
and secure use of products and services, including:
* the process of anonymizing your data so that you are no longer
identifiable to us and we no longer need your data in an
identifiable form
* Provide secure access to TeamSpeak USA operated websites, mobile
apps and WLAN networks.
* Optimizing the user's security measures and services, such as
recognition of your usernames and passwords, and resetting functions
* Monitor security measures around TeamSpeak USA's web sites, mobile
apps, and WLAN networks to ensure that they are not abused or
threatened.
* Protect you and our business from potential criminal behavior such
as fraud.
* problem management, data analysis, testing, system maintenance,
support, transmission and hosting of data
*Personal data*
* identity data
* contact details
* Technical data
* consumption data
* profile data
* Marketing and communication data
*Basis for processing*
* Fulfilment of a contract with you
* Necessary for TeamSpeak's legitimate interests, which are to run its
business, ensure network security and prevent potential criminal
behavior
* Necessary to comply with a legal obligation
*provision of information*
Provide information to entities and regulators where TeamSpeak is
required to do so by law or regulation.
*Personal data*
* identity data
* contact details
* Technical data
* transactional data
* consumption data
* profile data
* Marketing and communication data
* Sensitive data
* Data from children
*Basis for processing*
* Necessary to comply with a legal obligation.
15.4 How TeamSpeak shares your personal information
TeamSpeak cannot run its business or get many of the services and
benefits you expect provided without involving other people and
businesses. TeamSpeak will share your information only in accordance
with the laws applicable to us and for the purposes set out herein.
From time to time, TeamSpeak processes personal information about you in
an automated manner to evaluate specific personal aspects about you.
This includes the ability to analyze your interests and make predictions
about how you are likely to interact with TeamSpeak. This is commonly
referred to as profiling, so TeamSpeak can offer you a more personalized
customer experience. This is based on our impression of how you deal
with TeamSpeak.
The personal data about you that we process for profiling purposes
includes your identity data, your contact data and your profile data. We
do not process any personal data about you for profiling purposes that
consist of personal data of the special category. We process your
personal data for profiling purposes for our legitimate interests, as
explained below. If you would like to know more about what kind of
profiling we do and what profiling means for you, please contact us and
we will be happy to give you a detailed answer. You also have the right
to object to our processing your personal data for profiling purposes
and to learn more about your right to object.
TeamSpeak shares your personal information:
* All *TeamSpeak companies*, including new companies, brands or
outlets that we may acquire in the future (which act as controllers
or contract data processors) and that provide information
technology, human resources and systems administration services, and
that you may have agreed to provide you with marketing communications.
* *Service providers* (who primarily act as processors, sometimes as
controllers) who assist TeamSpeak in providing you with our
websites, mobile apps, wireless networks, and related services; for
example, information technology companies that design and host
TeamSpeak USA websites, payment service providers that enable you to
use credit or payment cards at TeamSpeak, and data wallpaper
specialists.
* *Related third parties* (acting as contract data processors and
controllers) who provide services to TeamSpeak, such as market
research, voucher provision and withdrawal, marketing background
services, and data analysis services.
* *Reward companies *(which act as controllers) that you have joined
to receive the rewards and benefits offered to you.
* Any new *business partners* (who act as controllers or contract data
processors) that TeamSpeak may have over time; for example, if
TeamSpeak enters into a partnership with another company,
reorganizes, merges, or sells a portion of our business, the other
party may receive some or all of your information.
* Our *professional consultants* (who act as controllers or order data
processors); for example, our attorneys, insurance companies and
insurance brokers, if they need them to advise TeamSpeak or assist
TeamSpeak in taking out insurance.
* The police, health and safety authorities, local authorities, the
appropriate tax authorities in your country, the courts, and any
other central or local government authorities (acting as controllers
or contract data processors) where TeamSpeak is required to do so in
order to comply with its legal obligations, or when requested to do
so and TeamSpeak is permitted to disclose it lawfully, for example,
to prevent and detect criminal offences or to report serious health
and safety incidents.
* TeamSpeak may also share the information collected with other third
parties where TeamSpeak is required to do so by law, for example to
comply with a court order.
16. Google Analytics
16.1 TeamSpeak USA uses Google Analytics on the websites operated by
TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics
service provided by Google Inc., 1600 Amphitheater Parkway,
Mountainview, California 94103 USA (hereinafter referred to as
"Google"). Google Analytics uses cookies which are stored on your
computer and enable an analysis of your user behaviour. The information
generated by the cookies is also stored by Google abroad, in particular
on a Google server in the United States of America.
16.2 The websites operated by TeamSpeak USA use Google Analytics with
the extension "_anonymizeIP()", i.e. the anonymization function of
Google Analytics. As a result, your IP address will generally be
truncated by Google in a European Economic Area country prior to
transmission to the United States of America.
16.3 The IP address transmitted by your browser as part of the use of
Google Analytics is not merged with other data that Google collects
about you.
16.4 You can exclude the storage of cookies used by Google Analytics by
excluding the use of cookies in your browser settings. In this case,
however, you will not be able to use other features of the websites
operated by TeamSpeak USA.
16.5 You also have the option of opting out of the collection and
processing of your personal data by Google by installing the browser
plug-in available at the following link:
http://tools.google.com/dlpage/gaoptout
16.6 The use of Google Analytics takes place in accordance with the
requirements on which the German data protection authorities have agreed
with Google.
16.7 You can view an overview of Google Analytics' privacy policy at
this link:
https://support.google.com/analytics/answer/6004245
<https://support.google.com/analytics/answer/6004245>
16.8 The data collected by Google Analytics on the TS5 client is
processed anonymously. Similar to the procedure described in Section
16.2, the TS5 client will generally have your IP address truncated by
Google in a European Economic Area country prior to transmission to the
United States of America.
17. Data security
17.1 TeamSpeak takes current technical measures to ensure data security
and thus in particular to protect your personal data from the dangers of
data transmission and the gaining of knowledge by third parties.
TeamSpeak regularly adapts these measures to the current state of the art.
17.2 TeamSpeak USA will provide you with information about data security
at all times. Please direct your inquiry to privacy@teamspeak.com or to
the data specified in the imprint of the websites operated by TeamSpeak USA.
18. Privacy shield regulations
18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and
fully complies with the principles of the Privacy Shield, including its
ancillary principles, when transferring data from European Economic Area
countries to the United States. To learn more about the Privacy Shield
program, visit www.privacyshield.gov, <http://www.privacyshield.gov/>
and to verify our certification, visit www.privacyshield.gov/list.
However, if there is a conflict between the Privacy Shield Principles
and the Data Transfer Principles below, the Privacy Shield Principles
will always prevail.
18.2 Types of personal data, purpose of collection and competent authority
TeamSpeak USA collects and uses information in various ways. TeamSpeak
USA only collects the data transmitted by your browser for purely
informational use of the website. For more detailed information, please
refer to section 6 of this Privacy Policy. TeamSpeak USA also collects
data when you purchase licenses for software solutions from TeamSpeak
USA. Further information can be found in section 7 of this data
protection declaration. When cookies are used, they are stored on your
computer. You will find more details on this under section 5 of this
data protection declaration. Data is also collected, stored and
processed when the TS3 Client and TS5 Client are downloaded. The same
applies when using the TS3 Client and TS5 Client. For more information,
please refer to section 9 of this Privacy Policy.
TeamSpeak USA will only use personal information in a manner consistent
with the purposes for which it was collected or authorized by you.
TeamSpeak USA is subject to the US Department of Commerce International
Trade Administration.
18.3 Data transmission to third parties
If we disclose personal information to third parties acting as agents of
TeamSpeak USA, we will ensure that such third parties are also certified
for the EU-U.S. Privacy Shield or have a resolution of appropriateness
issued by the EU Commission, or that there are written agreements
between us and the third party that at least meet Privacy Shield's
privacy standards. To whom we disclose your personal information and for
what purpose, please refer to the disclosures in this privacy statement
regarding the specific use of TeamSpeak USA's information.
Under certain circumstances, TeamSpeak USA may be liable for the
disclosure of personal data of individuals from the European Economic
Area if the third party has processed personal data in a manner
inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA
proves that it is not responsible for the event giving rise to the damage.
We may need to disclose personal information in response to lawful
requests from government authorities, for law enforcement or national
security reasons, if necessary to comply with a court order, or if
otherwise required by law.
18.4 Data security
TeamSpeak USA uses technical, electronic and administrative procedures
to ensure the confidentiality of your personal information, including
Secure Sockets Layer ("SSL") for all financial transactions. We use SSL
encryption to protect your personal information online. We also take
several steps to protect your personal information at our facilities.
Access to your personal data is restricted. Only employees who need
access to your personal information in order to perform certain tasks
will have access to your personal information. Finally, for the
technical security of some of our computer hardware, we rely on the
services of third parties. We believe that their security measures are
appropriate. For example, when you visit teamspeak.com, you access a
server behind closed doors and an electronic firewall. Although we take
industry-standard precautions to protect your personal information, we
cannot guarantee complete security. 100% complete security is currently
available neither online nor offline. TeamSpeak USA takes current
technical measures to ensure data security and in particular to protect
your personal data from the dangers of data transmission and the
knowledge gained by third parties. TeamSpeak USA also regularly adapts
these measures to the state of the art. TeamSpeak USA keeps you informed
about data security in your organization at all times. Please send your
request to privacy@teamspeak.com <mailto:privacy@teamspeak.com> or use
the contact details given in the teamspeak.com imprint.
18.5 Choice, access and corrections
TeamSpeak USA provides individuals in the European Economic Area whose
personal information has been submitted to us with the opportunity to
choose whether the personal information you provide will be used for a
purpose other than that for which it was originally collected. You may
also opt out of the use of your personal information by contacting us at
the contact details below. TeamSpeak USA will not use your personal
information for any purpose other than that for which it was originally
collected or subsequently authorized by you, unless we have received
your express consent.
TeamSpeak USA also provides you with reasonable access to personal
information obtained in accordance with the Privacy Shield Principles.
Upon request, we will also correct or update your personal information,
stop sending emails to your email address, or deactivate your account to
prevent future purchases through that account.
You can send these requests by e-mail to privacy@teamspeak.com, by fax +
1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send
your credit card number or other sensitive information by e-mail.
18.6 Offline Collection, Use and Disclosure of Information
Information may also be collected offline, and attempts may be made to
protect your personal information. For example, when you call, we only
ask for the personal information we need to process the order or answer
the question. When we need to store information, we enter it into our
database using SSL encryption. Faxes are another example. If you fax us
something, we respond to the fax and either store it in a locked room or
we destroy the fax if the information does not need to be kept. It
should be noted that we try to comply with the standards for data
obtained online for data obtained offline.
18.7 Enforcement of Privacy Shield Principles
TeamSpeak USA implements compliance measures to ensure compliance with
the Privacy Shields. Any employee found by TeamSpeak USA to be in
violation of these guidelines will be subject to disciplinary action.
18.8 Settlement of disputes
In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is
committed to resolving complaints about your privacy and our collection
or use of your personal information. Persons from a European Economic
Area country should first contact TeamSpeak USA at the above address
with inquiries or complaints regarding Privacy Shield provisions.
TeamSpeak USA will investigate and attempt to resolve your complaints
based on the principles set forth in the Privacy Shield Policy.
TeamSpeak USA is required to investigate the complaint within 45 days.
TeamSpeak USA has also committed to submit unresolved privacy complaints
under the Privacy Shield provisions to the independent enforcement
mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the
Council's Better Business Bureau. If it does not acknowledge your
complaint in a timely manner or your complaint is not satisfactorily
addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers
<http://www.bbb.org/EU-privacy-shield/for-eu-consumers> for more
information and to file a complaint. Under certain limited
circumstances, an individual may also be able to invoke binding
arbitration under Annex I of the Privacy Shield Principles to resolve an
otherwise unresolved complaint.
19. Data protection officer
TeamSpeak has appointed an external privacy officer.
Lawyer Stephan Hendel
Bajuwarenstr. 2e
93053 Regensburg, Germany
Germany (German)
Should you have any concerns or questions about the data you have
processed, you can also contact our data protection officer directly.
Further contact details can be found at https://www.gabler-hendel.de
<https://www.gabler-hendel.de/> .
*20. Changes to this privacy policy*
We always keep this privacy policy up to date. Therefore, we reserve the
right to change them from time to time and to update changes in the
collection, processing or use of your data.
*Last updated:* *October 1, 2019*
Terms and Conditions and Customer Information
*TeamSpeak Systems, Inc.*
I. General terms and conditions
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as
"GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box
211180, Chula Vista, CA, 91921 USA (hereinafter referred to as
"TeamSpeak") and customers via the websites provided by TeamSpeak under
the domains www.teamspeak.com, www.teamspeakusa.com and
www.myteamspeak.com (hereinafter referred to collectively as
"Teamspeak.com" and the latter as "Myteamspeak.com" and all three
collectively referred to as "TeamSpeak Websites").
1.2 These General Terms and Conditions shall also apply to all future
services or offers to the customer, even if they are not separately
agreed again.
1.3 TeamSpeak does not accept any deviating, additional or conflicting
general terms and conditions of the customer, so that they are not
included in the contract. This shall not apply if TeamSpeak has
expressly agreed in writing to the inclusion of the customer's GTC in
the respective individual case.
2. Entrepreneur status
2.1 All paid offers by TeamSpeak are directed exclusively at
entrepreneurs within the meaning of § 14 BGB who order and use the
services of TeamSpeak within the scope of their independent,
professional or commercial activity.
2.2 TeamSpeak shall check the customer's entrepreneurial status prior to
the conclusion of the contract for paid services. The customer must
provide TeamSpeak with any documents requested for this purpose, such as
a business registration.
2.3 An entrepreneur is any natural or legal person or a partnership with
legal capacity who, upon conclusion of a legal transaction, in this case
the conclusion of a contract with TeamSpeak, acts in the exercise of its
commercial or self-employed professional activity, § 14 BGB (German
Civil Code).
2.4 A consumer is any natural person who concludes a legal transaction,
in this case the conclusion of a contract with TeamSpeak, for purposes
which can predominantly not be attributed to his commercial or
self-employed professional activity, § 13 BGB.
2.5 Non-commercial grouping within the meaning of these GTC is any
grouping of consumers or any legal entity whose business activity does
not serve to generate profits, in particular legal entities pursuing a
non-profit corporate purpose.
3. Subject matter of the contract
3.1 TeamSpeak is the provider of the software solutions "TS3 Client",
"TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile
client applications for iOS and Android (hereinafter referred to as
"Software Solutions"), which enable the customer to communicate via
voice or text and to exchange files with third parties.
The "TS3 Client" and "TS 5 Client" software solutions denote the object
code of the TeamSpeak Communication Software version 3 and 5 client
provided to you by TeamSpeak, including any software enhancements,
upgrades or updates you receive.
The TeamSpeak 3 SDK Software Solution means the object code of the
TeamSpeak Version 3 Software Development Kit Software and the client and
server provided to you by TeamSpeak, including any software
enhancements, upgrades or updates you receive.
"Client" means the TeamSpeak software that connects to the TeamSpeak
server software via the Internet. "Server" means the TeamSpeak software
(whether 32-bit or 64-bit) which is installed on a computer and acts as
a host.
3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the
customer to communicate with third parties by sharing his TeamSpeak
server address with them. The number of third parties to whom the
communication channel can be made available depends on the scope of the
customer's license.
3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for
integrating the technical solution for voice transmission and other
functions such as file transfer, chat function etc. into the Customer's
own software solutions.
3.2 The software solutions are offered under the following license models:
3.2.1 "Unlicensed": Under the license model "Unlicensed" the software
solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used
free of charge. Use of the "TeamSpeak 2 - Server" software solution is
limited to a maximum of two virtual servers with up to 1000 slots, use
of the "TeamSpeak 3 Server" software solution is limited to one virtual
server with up to 32 slots. The use is unlimited in terms of time. There
is no feedback from the virtual server to TeamSpeak. The license model
"Unlicensed" is only available to non-commercial groups and consumers.
3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3
Server" software solution can be used free of charge under the "NPL"
license model. The use is limited to two virtual servers with up to 512
slots. The license period is 6 months. Sublicensing of slots and virtual
servers to third parties is not permitted. The license model "NPL" is
only available to non-commercial groups and consumers.
3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as
"AAL"): Under the license model "AAL" the software solution "TeamSpeak 3
Server" can be used against payment. Depending on the licensing selected
by the customer, the use is between a virtual server with up to 32 slots
and up to 2 virtual servers with up to 1064 slots. The license period is
one year. Sublicensing of slots and virtual servers to third parties is
not permitted.
3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to
as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server"
software solution can be used for an unlimited fee and virtual servers
and slots can be sublicensed to third parties. The license period is one
year.
3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under
the license model "SDK", the software solution "TeamSpeak 3 SDK" can be
used against payment for integration into the user's own software
solutions. TeamSpeak customizes and agrees the terms of the "SDK"
license model to the individual needs of the user.
3.3 TeamSpeak also procures server space via Teamspeak.com which is
offered by third parties.
3.4 The customer also has the possibility to download the Teamspeak
Software Client via Teamspeak.com or the referring websites. The client
is offered for the operating systems Windows, Linux and MacOS.
Furthermore the customer has the possibility to download the client in a
version for mobile devices for iOS or Android.
3.5 TeamSpeak operates a forum via myteamspeak.com which enables the
customer to publish contributions to TeamSpeak's services, in particular
questions, suggestions and reviews on Teamspeak.com in the "Community"
section.
3.6 The customer also has the opportunity to upload his own software
programs compatible with TeamSpeak's software solutions (hereinafter
referred to as "Add Ons") to the Teamspeak websites and to offer them to
third parties for download, as well as to download the Add Ons offered
by third parties via myteamspeak.com.
3.7 However, the "TS3 Client" and the "TS5 Client" as well as the
respective mobile applications for iOS and Android may only be used to
connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers"
developed by TeamSpeak. Any other use is expressly prohibited. In the
event of an infringement, TeamSpeak reserves the right to assert claims
for damages.
A. Provisions concerning the conclusion of the contract
4. Conclusion of the contract on the licensing of the software
solutions
4.1 A contract with TeamSpeak regarding the licensing of the software
solutions shall be concluded as described below:
4.1.1 "Unlicensed": The contract for the free use of the license model
"Unlicensed" is concluded when the customer downloads the respective
software solution and TeamSpeak makes the software solution available.
4.1.1.1 For this purpose, Customer shall press the button on
TeamSpeak.com labeled "Licensing Overview" followed by the button under
the description of the license model "Unlicensed" labeled "Download".
4.1.1.2 Without having to register, the customer has the possibility to
download the software solution and use it in accordance with these GTC.
4.1.1.3 When the software solution is downloaded, a binding contract is
concluded between TeamSpeak and the customer regarding the use of the
software solution in the "Unlicensed" license model.
4.1.2 "NPL": The contract for the free use of the license model "NPL" is
concluded as follows:
4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing
Overview" and then the button labeled "Register" displayed under the
description of the licensing model "NPL".
4.1.2.2 The customer presses the button labeled "Continue to NPL
Application" on the overview displayed and confirms the existence of the
prerequisites for a non-commercial grouping or consumer property by
pressing the button labeled "Continue". He also confirms the license
conditions and these GTC by pressing the buttons marked "I agree".
4.1.2.3 By clicking the "Submit" button, the customer submits an offer
to TeamSpeak to conclude the contract for the license model "NPL".
Before pressing the button labeled "Submit", the customer has the option
of deleting or correcting his entry or canceling the process at any
time, also by pressing the "Back" button on his browser.
4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address
provided during the registration process, confirming receipt of the
customer's offer by TeamSpeak. A contract does not come off with
entrance of this confirmation E-Mail with the customer.
4.1.2.5 TeamSpeak accepts the customer's offer by making the software
solution available for download. This results in a binding contract
between TeamSpeak and the customer for the use of the software solution
in the "NPL" license model.
4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address
specified during registration, summarizing the essential content of the
contract, to the customer. With this confirmation e-mail the AGB are
also sent to the customer.
4.1.3 "AAL": The contract for the paid use of the license model "AAL" is
concluded as follows:
4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses
the button labeled "Sales" and then the button labeled "Continue to
register for an account. He fills in the displayed registration form and
sends it by pressing the button marked "Register".
4.1.3.2 The customer receives an overview of the data entered by him and
is given the option of correcting or deleting this data after pressing
the "modify" button or canceling the registration process by closing the
browser window or pressing the "Back" button on the browser.
4.1.3.3 By pressing the button with the inscription "Confirm", the
customer submits a binding offer to conclude a contract for the opening
of his customer account.
4.1.3.4 TeamSpeak will send a confirmation email with a confirmation
link and password to the customer.
4.1.3.5 TeamSpeak shall display the license models offered to the
customer in the customer area of the customer account. With this
advertisement TeamSpeak makes a binding offer to conclude a contract
with the customer for the license models displayed.
4.1.3.6 The customer selects the desired "AAL" license in his customer
account and presses the button with the inscription "Add". By pressing
the button labeled "Add", the customer accepts TeamSpeak's offer to
conclude a contract and a binding contract for the use of the software
solution in the license model "AAL" is concluded.
4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address
specified during registration, summarizing the essential content of the
contract, to the customer.
4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model
is concluded as follows:
4.1.4.1 The customer registers for a TeamSpeak.com customer account. The
steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of
these GTC.
4.1.4.2 The customer selects the licence model "ATHP" in his customer
account and presses the button with the inscription "Add". The customer
will receive an invoice for the registration fee of $ 50 USD. Once the
customer has paid the registration fee, TeamSpeak will send an email to
the customer with instructions to complete the application process (as
described below).
4.1.4.3 The customer shall send TeamSpeak the completed application
form, the signed license agreement, a photocopy of the identity card or
passport of an authorized representative as well as the business
registration, the VAT ID or any other document that identifies the
customer as an entrepreneur within the meaning of section 2.3 of these
GTC. The documents will be sent to TeamSpeak by e-mail to
athps@teamspeak.com or by fax to +49-8825-920-27-97. By sending the
aforementioned documents, the customer submits a binding offer to
conclude the contract.
4.1.4.4 TeamSpeak will send a confirmation email to the email address
stored in the customer's account confirming receipt of the customer's
offer. A contract does not come off with the entrance of this
confirmation e-mail.
4.1.4.5 TeamSpeak accepts the customer's offer by making the software
solution available for download in the customer area of the customer
account. With the provision of the software solution, a binding contract
is concluded between the customer and TeamSpeak for the use of the
software solution in the "ATHP" license model.
4.1.4.6 TeamSpeak will send a confirmation email to the email address
provided during registration, summarizing the main content of the
contract, to the customer.
4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The
contract for the paid use of the license model "SDK" is concluded by
individual conclusion of a contract with the Customer.
4.1.5.1 The customer shall contact TeamSpeak by e-mail at
ts3sdk@teamspeak.com or by telephone at +49 8825 920200-0.
4.1.5.2 TeamSpeak shall send the customer an offer for the services
requested by the customer in text form to the e-mail address provided by
the customer. With this e-mail TeamSpeak makes a binding offer to
conclude a contract under the conditions stated in the e-mail.
4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form
constitutes a binding contract for the use of the "SDK" license model.
5. Conclusion of a contract for the provision of server space
5.1 The customer is forwarded via Teamspeak.com to the internet presence
of the third party provider.
5.2 A contract conclusion comes about in the case of the switching of
server places offered by a third party exclusively between the customer
and the respective third party. It is strongly recommended that the
customer obtain information from the third party about the conclusion of
the contract and, if applicable, its general terms and conditions.
6. Conclusion of the contract about the licensing of the client
6.1 A contract on the licensing of the client is concluded as follows:
6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The
customer is redirected to a subpage that shows an overview of the client
versions to be downloaded (Windows, Linux and MacOS as well as for
mobile devices).
6.1.2 The Customer selects the version corresponding to his requirements
and presses the button marked "Download" which is displayed next to the
version of the Client he has selected. The customer has the possibility
to cancel the download process at any time by closing his browser window
or ending the process.
6.1.3 If Windows, Linux or MacOS versions are selected, the customer
submits a binding offer to conclude the contract by pressing the button
marked "Download". TeamSpeak accepts this offer by providing the client
for download by teamspeak.com or the referring websites, so that a
binding contract is concluded between TeamSpeak and the client.
6.1.4 If a version of the Client is selected for mobile devices, the
Customer will be redirected to the Internet pages of third parties
"Apple AppStore" (iOS) or "Android Market" (Android) and can purchase
these there in accordance with the conditions of the respective third
party provider. The customer is strongly advised to inform himself about
the conclusion of the contract and the general terms and conditions of
the third party provider.
7. Conclusion of a contract concerning the uploading and
downloading of Add Ons
7.1 TeamSpeak only provides the platform for uploading and downloading
add-ons. The contract for the use of the respective add-on is concluded
exclusively between the customer who uploads the add-on and the customer
who downloads the add-on.
7.2 To upload Add Ons, Customer must register for a Customer Account as
a Developer (hereinafter referred to as "Developer Account").
7.3 To do this, the customer presses the button labeled "MyTeamSpeak"
and the button labeled "Register" on the underside of the screen that
appears.
7.4 The Customer fills in the registration form displayed with the
e-mail address and password and clicks the button marked "Register".
7.5 TeamSpeak will send a confirmation email with a confirmation link to
the customer.
7.6 The customer activates the confirmation link contained in the e-mail
and is taken to his customer account under the menu item "Dashboard".
7.7 The customer presses the button in his customer account with the
inscription "Become a developer". By entering their name and mobile
phone number, the customer fills out a registration form and clicks the
button labeled "Send confirmation code".
7.8 TeamSpeak will send a confirmation code with a limited validity
period to the mobile phone number provided by the customer.
7.9 The customer enters the confirmation code in the form field provided
and presses the button marked "confirm".
7.10 To download Add Ons, the customer does not need to register for a
customer account. Downloading is possible free of charge and without
registration on the "MyTeamSpeak" subpage.
7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5
Client" and the respective mobile applications for iOS and Android that
can be downloaded from the website myteamspeak.com may be used.
8. Conclusion of the contract on the use of the forum
8.1 The Customer shall press the button marked "Forum" and then the
button marked "Register".
8.2 The Customer shall complete the registration form displayed after
pressing the "Register" button.
8.3 After filling in the registration form, the Customer clicks the
button labeled "Complete Registration". He can correct his data at any
time until he clicks the "Complete Registration" button or cancel the
registration by closing his browser window or clicking the "Back" button
on his browser.
8.4 The customer shall receive a confirmation of receipt from TeamSpeak
containing a confirmation link. This confirmation of receipt does not
constitute an offer on the part of TeamSpeak to conclude a contract, but
merely serves to verify the customer's data.
8.5 The customer can click on the confirmation link and then register
for his customer account. By activating the confirmation link, the
customer makes a binding offer to use the forum free of charge.
8.6 TeamSpeak accepts the customer's offer by providing the customer
account, so that a binding contract is concluded.
B. Special provisions for the respective contracts for individual
services
9. Licence fees for the use of the software solutions
9.1 Royalties under the "ATHP" licensing model
9.1.1 For the use of the software solution in the license model "ATHP",
a lump-sum basic fee as well as use-dependent current license fees are
to be paid.
9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon
conclusion of the contract.
9.1.3 The amount of current licence fees for the granting of licences in
the "ATHP" licence model shall be determined on the basis of the actual
use of the number of slots per calendar day. For this purpose, the
number of slots used is transmitted daily by the virtual server to a
server operated by TeamSpeak. The customer undertakes not to take any
action against TeamSpeak that is likely to prevent such transmission or
alter the transmission result. The current license fees are due ten
working days after receipt of the invoice by the customer.
9.1.4 A minimum license fee shall be deemed agreed between the customer
and TeamSpeak. For the first year of licence use, this amounts to the
licence fee for the use of 200 slots used and for each subsequent year
of licence use, the licence fee for the use of 1,000 slots used. If the
minimum license fee is not reached, the customer must nevertheless pay
license fees in the amount of the minimum license fee.
9.2 Unless otherwise agreed between the customer and TeamSpeak, the
license fees stated in the service description for the respective
license model shall be deemed agreed.
9.3 TeamSpeak is entitled to change the license fees in the course of
further development of the software solutions or for reasons of
adaptation to the market situation.
9.4 In the event of a price adjustment, a list with the changed prices
will be sent to the customer in text form.
9.5 The customer has the option to terminate the license agreement
without notice within a period of four weeks commencing with the receipt
of the message referred to in Section 9.4 of these General Terms and
Conditions.
9.6 The customer has the possibility to object to the price adjustment
within a period of four weeks beginning with the receipt of the message
referred to in section 9.4 of these General Terms and Conditions. In the
event of an objection by the customer, TeamSpeak shall be entitled to
terminate the contract extraordinarily within a period of four weeks
beginning with the receipt of the objection by TeamSpeak.
10. Prices and terms of payment for the licensing of the software
solutions
10.1 All prices or price quotations quoted by TeamSpeak are always in
the form of US dollars, even in the absence of an express currency
indication, unless otherwise agreed between the parties.
10.2 All prices or price quotations are exclusive of the applicable
value added tax and any further public charges.
10.3 When ordering via Teamspeak.com, the customer only has access to
the payment options indicated under the menu item "Pay", whereby
TeamSpeak expressly reserves the right to reject a payment method
selected by the customer in the contract offer.
10.4 In the case of telephone orders or orders placed by e-mail, fax or
post, payment by bank transfer shall be agreed as advance payment unless
otherwise agreed, whereby TeamSpeak's remuneration shall become due upon
conclusion of the contract, i.e. the customer shall be obliged to pay
the remuneration in advance.
10.5 If payment on account has been agreed, payment shall be due within
fourteen working days of receipt of the invoice by the Customer.
10.6 TeamSpeak shall be entitled to perform or provide outstanding
services only against advance payment or security if, after conclusion
of the contract, it becomes aware of circumstances which could
significantly reduce the creditworthiness of the customer and which
endanger the payment of TeamSpeak's outstanding claims by the customer
arising from the respective contractual relationship (including from
other individual orders).
11. Termination of license agreements for the software solutions
11.1 The contracts for the licensing of software solutions have the
contract term stated in the service description (hereinafter referred to
as the "minimum contract term"), i.e.
11.1.1 The contract for the "Unlicensed" license model has no fixed
contract term. The license model can be used by the customer at any time
as long as TeamSpeak offers this license model.
11.1.2 The contract for the "NPL" licensing model has a minimum term of
six months.
11.1.3 The contract for the "AAL" licence model has a minimum term of
twelve months.
11.1.4 The contract for the "ATHP" licence model has a minimum term of
twelve months.
11.1.5 The contract for the license model "SDK" has the individually
agreed minimum contract term.
11.2 The Contract shall be automatically extended by the minimum
Contract Term if neither party terminates the Contract at the end of the
minimum Contract Term. With the license model "NPL", the contract is
only automatically extended if the customer has used the software
solution within a period of one month before the end of the minimum
contract term; otherwise the contract ends automatically with the end of
the minimum contract term.
11.3 The license agreement may be terminated by the customer at any time
at the end of the minimum contract term without notice. TeamSpeak may
terminate the License Agreement at any time subject to a notice period
equal to half the period of the minimum contract term to the end of the
minimum contract term.
11.4 The right of both parties to extraordinary termination remains
unaffected. TeamSpeak is entitled to an extraordinary right of
termination, in particular under the conditions set out in Section 11.5
of these GTC.
11.5 In particular, TeamSpeak has a right of extraordinary termination,
11.5.1.1 if the Customer defaults on two consecutive payments due for
the Licensing.
11.5.1.2 if the customer repeatedly falls below the minimum license fee
in the case of a contract for the license model "ATHP".
11.5.1.3 if the customer repeatedly violates his obligations under the
license agreement, including these GTC, despite a warning and the
violations are not insignificant.
11.5.1.4 if the customer repeatedly breaches its essential obligations
under this contract despite a warning from TeamSpeak and is responsible
for the breach.
11.5.1.5 if the customer has chosen the license models "Unlicensed" or
"NPL" without the property as a consumer or non-commercial grouping
being present or this property having subsequently ceased to exist. In
this case we reserve the right to claim damages.
11.6 Each termination requires the text form.
12. Obligations of the customer when using the client
12.1 The customer himself is obliged to undertake data back-ups at
regular intervals. TeamSpeak is not responsible for any loss of data
resulting from a breach of this obligation. This does not apply if
TeamSpeak is responsible for the violation.
12.2 Furthermore, the customer is obliged to use programs corresponding
to the current technical standard against viruses and other malicious
software.
12.3 Updates to the Standard Software will be provided free of charge
when and as they become available. The customer is obliged in his own
interest to install updates of the client immediately after their
publication. Otherwise the usability of the client may be restricted.
13. Termination of the client licensing agreements
13.1 The Customer may terminate the Client Licensing Agreement at any
time by removing the Client from any of the Customer's end devices.
13.2 The right to extraordinary termination without notice of both
parties remains unaffected.
13.3 Each termination obliges the customer to immediately remove the
client from all end devices.
14. Publication of contributions in the forum
14.1 The registered customer has the possibility to publish
contributions in the area "Community Forum" on myteamspeak.com via the
customer area of his customer account.
14.2 In order to publish a new contribution, the Customer uploads the
contribution by clicking on the "Post New Thread" button. When replying
to a contribution from another customer, the customer clicks the button
labeled "Reply To Thread" to publish his reply contribution. The
contribution will then be transmitted to TeamSpeak and published by
TeamSpeak on myteamspeak.com.
14.3 TeamSpeak does not control contributions prior to publication.
TeamSpeak expressly reserves the right to delete individual
contributions in the event of a reference to the illegality of a
contribution.
14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any
contributions that violate the laws of the Federal Republic of Germany
or the rights of third parties.
14.5 The customer indemnifies TeamSpeak against all rights of third
parties which they may assert against TeamSpeak due to the publication
of contributions on Teamspeak.com by the customer. Subject to the
customer's consent, TeamSpeak will not make any acknowledgements or
other declarations in legal transactions which justify the asserted
claims of the third party.
14.6 The indemnity obligation set forth in Section 14.5 of these GTC
shall not apply if the circumstances justifying the claims of the third
party can be proven to be due to gross negligence or wilful misconduct
on the part of TeamSpeak.
14.7 TeamSpeak undertakes, insofar as the customer's obligation to
indemnify as stipulated in section 14.5 of these GTC is affected, to
inform the customer immediately of any legal action brought against
TeamSpeak or of any assertion of claims against TeamSpeak and to give
the customer the opportunity to assume legal defence.
15. Termination of the user account for the forum
15.1 The customer has the option to have TeamSpeak delete his customer
account at any time. For this purpose, the customer sends the deletion
request in text form to TeamSpeak. Termination is also possible against
a moderator of the forum in text form. TeamSpeak shall delete the
customer's forum account immediately upon receipt of the notice of
termination. Contributions published by the customer may be deleted or
anonymized at TeamSpeak's discretion. With the deletion the contract
about the use of the customer account ends.
15.2 TeamSpeak has the right to terminate the contract for the use of
the customer account at any time with three months' notice to the end of
the quarter of a calendar year.
15.3 The right of both parties to extraordinary termination remains
unaffected. A right to extraordinary termination exists in particular if
the customer repeatedly violates his obligations under section 14.4 of
these GTC despite a warning and the violation is not insignificant.
15.4 Any notice of termination must be in text form.
16. Publication of Add Ons
16.1 If the customer is registered as a developer, he has the
possibility to upload Add Ons and offer them to third parties for free
download.
16.2 In order to upload Add Ons, the customer clicks the button with the
label "Upload Add Ons" in the customer area of his customer account. The
customer submits the add-ons to be uploaded by him to TeamSpeak by
pressing the button labeled "Add Addon".
16.3 TeamSpeak releases the Add Ons on "MyTeamspeak".
16.4 TeamSpeak does not control the uploaded add-ons prior to
publication. TeamSpeak also expressly reserves the right to delete
individual add-ons in the event of a reference to the illegality of an
add-on.
16.5 The customer undertakes not to publish any add-ons to TeamSpeak
that violate the laws of the Federal Republic of Germany, the rights of
TeamSpeak or the rights of third parties.
16.6 The customer shall indemnify TeamSpeak against all third party
rights asserted against TeamSpeak by the customer due to the publication
of add-ons on myteamspeak.com by the customer. Subject to the customer's
consent, TeamSpeak will not make any acknowledgements or other
declarations in legal transactions which justify the asserted claims of
the third party.
16.7 The indemnity obligation set forth in Section 16.6 of these GTC
shall not apply if the circumstances justifying the claims of the third
party can be proven to be due to gross negligence or wilful misconduct
on the part of TeamSpeak.
16.8 TeamSpeak undertakes to inform the customer immediately of any
legal action taken against TeamSpeak or the assertion of claims against
TeamSpeak and to give the customer the opportunity to assume legal
defence in the event that the customer's obligation to indemnify is
breached in accordance with Section 16.6 of these General Terms and
Conditions.
17. Termination of the customer account as developer
17.1 The customer has the option of having TeamSpeak delete his customer
account as a developer at any time. For this purpose, the customer sends
the deletion request in text form to TeamSpeak. TeamSpeak will delete
the customer's developer account immediately upon receipt of the
termination notice. Add-ons published by the customer will also be
deleted immediately. With the deletion the contract about the use of the
Developer account ends.
17.2 TeamSpeak has the right to terminate the Developer Account
Agreement at any time with three months' notice to the end of the
quarter of a calendar year.
17.3 The right of both parties to extraordinary termination remains
unaffected. A right to extraordinary termination exists in particular if
the customer repeatedly violates his obligations under section 16.5 of
these GTC despite a warning and the violation is not insignificant.
17.4 Any notice of termination must be given in writing.
C. General provisions
18. Warranty
18.1 The statutory warranty rights shall apply to consumers.
18.2 The following provisions shall apply to entrepreneurs:
18.2.1 The customer's warranty rights expire within one year. This shall
not apply to damages culpably caused by TeamSpeak resulting from injury
to life, body or health and damages caused by gross negligence or intent
or fraudulent intent, as well as in the case of recourse claims pursuant
to §§ 478, 479 BGB (German Civil Code).
18.2.2 A warranty by TeamSpeak is excluded if the defect is due to
circumstances caused by TeamSpeak at the express request of the customer.
18.2.3 The strict liability for damages for initial defects according to
§ 536a Abs. 1 BGB is excluded.
19. Liability
19.1 TeamSpeak shall be liable in all cases of contractual and
non-contractual liability for intent and gross negligence in accordance
with the statutory provisions.
19.2 In other cases, TeamSpeak shall be liable - unless otherwise
stipulated in Section 19.1 of these GTC - only in the event of a breach
of a contractual obligation, the fulfilment of which is essential for
the proper execution of the contract and on the observance of which the
customer may therefore regularly rely (so-called cardinal obligation).
In all other cases, TeamSpeak's liability is excluded subject to the
provision in Section 19.1 of these GTC.
19.3 To the extent that TeamSpeak is liable on the merits pursuant to
clause 19.1 of these GTC, this liability shall be limited to damages
which TeamSpeak foresaw at the time of conclusion of the contract as a
possible consequence of a breach of contract or which TeamSpeak should
have foreseen if it had exercised due care. Furthermore, indirect
damages and consequential damages resulting from deficiencies in
TeamSpeak's performance shall only be eligible for compensation if such
damages are typically to be expected when the performance is used as
intended.
19.4 TeamSpeak's liability for damages resulting from injury to life,
limb or health and under the Product Liability Act shall remain
unaffected by the above limitations and exclusions of liability.
20. Set-off, rights of retention and assignment
20.1 The customer shall only be entitled to offset claims against
TeamSpeak against legally established or undisputed claims. The same
applies to the assertion of rights of retention.
20.2 The assignment of claims against TeamSpeak to third parties is only
possible with the written consent of TeamSpeak. This applies in
particular to the transfer of the license granted by TeamSpeak to third
parties.
21. Text form
21.1 Amendments and alterations to the agreements made between TeamSpeak
and the customer, including these General Terms and Conditions, must be
made in text form in order to be effective.
21.2 With the exception of managing directors or authorized signatories,
TeamSpeak employees shall not be entitled to enter into any verbal
agreements that deviate from these provisions.
22. Applicable law and place of jurisdiction
22.1 German law shall apply. In the case of consumers, this choice of
law shall only apply insofar as the protection granted by mandatory
provisions of the law of the country of the consumer's habitual
residence is not thereby withdrawn (principle of favourability).
22.2 The place of performance for all services arising from business
relations with TeamSpeak and the place of jurisdiction shall be the
registered office of TeamSpeak, provided that the user is not a consumer
but a merchant, a legal entity under public law or a special fund under
public law. The same applies if the user does not have a general place
of jurisdiction in Germany or the EU or if the place of residence or
usual abode is not known at the time the action is filed. The right to
also appeal to the court at another legal place of jurisdiction remains
unaffected by this.
22.3 The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the provider
TeamSpeak Systems, Inc.
PO Box 211180
Chula Vista
CA91921
USA
Telephone: +1-877-832-6773
Telefax: +1-619-312-4145
E-mail: info@teamspeak.com
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion
of the contract itself and the correction options shall be carried out
in accordance with Section B of the General Terms and Conditions (Part I).
3. Contract language, contract text storage
The contract language is English.
TeamSpeak does not save the complete contract text. Before sending the
respective offer, the offer data can be printed out or electronically
saved using the browser's print function. Upon acceptance of the offer
by TeamSpeak, the contract data, the legally required information for
distance selling contracts and the General Terms and Conditions will be
sent to the user again by e-mail.
4. Essential characteristics of the goods and services
The essential characteristics of the goods and services can be found in
the service description and the supplementary information on Teamspeak.com.
5. Prices and payment methods
The prices and payment modalities result from the information at the
conclusion of the contract as well as from the provisions in point B. of
the General Terms and Conditions (Part I).
6. Statutory liability for defects
The statutory rights of liability for defects exist vis-à-vis consumers.
7. Contract term, termination
You will find information on the term of the contract and the conditions
of termination in the respective service description as well as in point
B of the General Terms and Conditions.
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