I S A P GERHARD SCHULZE AUTOMATION ENGINEERING
Sustainable technical solutions for human and nature by current state-of-the-art technology,
overhead cost-cutting, maintenance- and eco-friendly, highly recyclable modular design.
Partner for research and industry since 1989 and up to now with direct Customers, Distribution & Support Partners or Equipment Users in the following countries
Visitors with responsible head quarter or branch located in the European Economic Area as well as all Suppliers please use our website isap.eu:
isap.eu (EN) | isap.eu (DE)
Home- | Support
1 Legal Notice | 2 Terms of Services | 3 IT & Data Security | 4 Privacy Statement | 5 Intellectual Property Rights & Competition Law
Valid as of 25 May 2018. Last update on 3 February 2022 00:00 +01:00 (CET) V2202030000. All former versions become invalid.
1 Legal Notice
1.1 Service Provider as per Section 5 German Telemedia Act – Telemediengesetz TMG (DE)
and Controller as per Article 4 (7) GDPR (EU), Beneficial Owner (100 %) as per § 3 (1) GwG (DE), and Decision Maker: Dipl.-Ing. (DE) Gerhard Schulze.
Business Address: Suedstrand 48, 23775 Grossenbrode, Germany.
Phone: +4916099222257 (24/7/365) with text message/call back for regulatory compliance with the statutory authentication and authorization obligations.
eContact for general and legal matters and Users' registration [2.2.4 / 3.4 / 4.4 / 4.5 / 4.5.1 / 4.5.3] exclusively, as per the statutory authentication and authorization obligations with complete IT & data security and privacy compliance [3 / 4], provable service with realtime acknowledgment of receipt, and long-term verification as per § 64 BDSG (DE), § 11 (1) TMG (DE), § 88 TKG (DE), §§ 202a to 206 StGB (DE), and (EU) 2016/679, (EU) 2016/943, (EU) 2016/1148, (EU) 2018/1725, (EU) 2019/881 [2.1.1 / 2.1.2].
Type of enterprise as per Article 3 paragraph 1 2003/361/EC (EU): Fully autonomous individual enterprise.
VAT No: DE116811386.
1.2 IT Security and Data Protection Authorities / The Federal State and The Federal Commissioners
1.2.1 Bundesamt für Sicherheit in der Informationstechnik (BSI), Godesberger Allee 185-189, 53175 Bonn, Germany.
Federal Office for Information Security.
1.2.2 Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein (ULD) / Landesbeauftragte, Holstenstraße 98, 24103 Kiel, Germany.
Independent Federal State Center for Data Protection of Schleswig-Holstein / The Federal State Commissioner.
1.2.3 Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit (BfDI), Husarenstraße 30, 53117 Bonn, Germany.
The Federal Commissioner for Data Protection and Freedom of Information.
1.3 Economics, Export Control, Tax and Customs Authorities, Chambers and Federations
1.3.1 Bundesamt für Wirtschaft und Ausfuhrkontrolle BAFA, Frankfurter Str. 29-35, 65760 Eschborn, Germany.
Federal Office of Economics and Export Control BAFA.
1.3.2 Finanzamt Ostholstein, Lankenstr. 1, 23758 Oldenburg in Holstein, Germany.
Tax office Ostholstein.
1.3.3 Hauptzollamt Kiel, Kronshagener Weg 105, 24116 Kiel, Germany.
Main Customs Office.
1.3.4 Ein- und Ausfuhr-Zollamt Heiligenhafen, Tollbrettkoppel 8a, 23774 Heiligenhafen, Germany.
Import and Export Customs Office.
1.3.5 Industrie- und Handelskammer zu Lübeck, Fackenburger Allee 2, 23554 Lübeck, Germany.
Chamber of Industry and Commerce.
1.3.6 Initiative Wirtschaftsschutz, Bundesamt für Verfassungsschutz, Referat Wirtschaftsschutz, Merianstraße 100, 50765 Köln, Germany.
Initiative Economic Protection.
2 Terms of Services
2.1 Selected Business Process Integrated Legal Norms
2.1.1 Federal Republic of Germany (DE)
Prozess standard: Risk, Compliance, Performance & Assets Management System (ISAP RCP&AM System).
Status: selections, not intended to be exhaustive.
Status: all binding by current Head Office location.
'AO (DE)' Abgabenordnung (DE) – The Fiscal Code of Germany (DE).
'AEAO (DE)' Anwendungserlass zur Abgabenordnung (DE) – Circular on Application of the German Fiscal Code (DE).
'AWG (DE)' Außenwirtschaftsgesetz (DE) – German Foreign Trade and Payments Act (DE).
'AWV (DE)' Außenwirtschaftsverordnung (DE) – German Foreign Trade and Payments Ordinance (DE).
'BattG (DE)' Gesetz über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Batterien und
Akkumulatoren (Batteriegesetz) (DE) – German Battery Law (DE).
'BGB (DE)' Bürgerliches Gesetzbuch (DE) – German Civil Code (DE).
'BDSG (DE)' Bundesdatenschutzgesetz (DE) – German Federal Data Protection Act (DE).
'BSIG (DE)' Gesetz über das Bundesamt für Sicherheit in der Informationstechnik (BSI-Gesetz) (DE) – Act on the Federal Office for Information
Security (BSI Act) (DE).
'DesignG (DE)' Designgesetz (DE) – German Design Law (DE).
'DesignV (DE)' Designverordnung (DE) – German Design Ordinance (DE).
'DSAnpUG-EU (DE)' Datenschutz-Anpassungs- und -Umsetzungsgesetz EU (DE) – German Data Protection Adaptation and Implementation Act-EU (DE).
'2.DSAnpUG-EU (DE)' Zweites Gesetz zur Anpassung des Datenschutzrechts an die Verordnung (EU) 2016/679 und zur Umsetzung der
Richtlinie (EU) 2016/680 (Zweites Datenschutz-Anpassungs- und Umsetzungsgesetz EU (DE).
– Second German Data Protection Adaptation and Implementation Act-EU (DE).
'ElektroG DE' Gesetz über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Elektro- und Elektronikgeräten
(Elektro- und Elektronikgerätegesetz) (DE) – German Electrical and Electronic Equipment Act (DE).
'EMVG (DE)' Gesetz über die elektromagnetische Verträglichkeit von Betriebsmitteln (Elektromagnetische-Verträglichkeit-Gesetz) (DE)
– German Electromagnetic Compatibility Law (DE).
'EStDV (DE)' Einkommensteuer-Durchführungsverordnung (DE) – German Income Tax Implementing Ordinance (DE).
'EStG (DE)' Einkommensteuergesetz (DE) – German Income Tax Act (DE).
'GG (DE)' Grundgesetz (DE) – German Basic Law (DE).
'GGBefG (DE)' Gesetz über die Beförderung gefährlicher Güter (Gefahrgutbeförderungsgesetz) (DE)
– German Law on Transport of Dangerous Goods (DE).
'GefStoffV (DE)' Verordnung zum Schutz vor Gefahrstoffen (Gefahrstoffverordnung) (DE) – German Ordinance on Hazardous Substances (DE).
'GeschGehG (DE)' Gesetz zum Schutz von Geschäftsgeheimnissen (DE) – German Trade Secrets Law (DE).
'Gesetz zur Durchführung der Verordnung (EU) Nr. 910/2014 (DE)' – German Law of Implementing the Regulation (EU) Nr. 910/2014 (DE).
'GewStDV (DE)' Gewerbesteuer-Durchführungsverordnung (DE) – German Commercial Tax Implementing Ordinance (DE).
'GewStG (DE)' Gewerbesteuergesetz (DE) – German Commercial Tax Law (DE).
'GoBD (DE)' Grundsätze zur ordnungsmäßigen Führung und Aufbewahrung von Büchern, Aufzeichnungen und Unterlagen in elektronischer Form
sowie zum Datenzugriff (DE) BMF-Schreiben – Principles regarding the proper keeping and preservation of books, records and documents
in electronic format and regarding data access (DE) / The German Fiscal Authority BMF Letters (DE).
'GWB (DE)' Gesetz gegen Wettbewerbsbeschränkungen (DE) – German Act against Restraints of Competition (DE).
'GwG (DE)' Gesetz über das Aufspüren von Gewinnen aus schweren Straftaten (Geldwäschegesetz) (DE) – German Anti-Money Laundering Law (DE).
'HGB (DE)' Handelsgesetzbuch (DE) – German Commercial Code (code of commercial law) (DE).
'IntBestG (DE)' Gesetz zur Bekämpfung internationaler Bestechung (DE) – German Act of Combating international Bribery (DE).
'InsO (DE)' Insolvenzordnung (DE) – German Insolvency Code (DE).
'ITSG (DE)' Gesetz zur Erhöhung der Sicherheit informationstechnischer Systeme (IT-Sicherheitsgesetz) (DE) – German IT Security Act (DE).
'KAGB (DE)' Kapitalanlagegesetzbuch (DE) – German Investment Code (DE).
'KorrBekG (DE)' Gesetz zur Bekämpfung der Korruption (DE) – German Law of Combating Corruption (DE).
'KrWG (DE)' Gesetz zur Förderung der Kreislaufwirtschaft und Sicherung der umweltverträglichen Bewirtschaftung von Abfällen
(Kreislaufwirtschaftsgesetz) (DE) – German Circular Economy Act (DE).
'KunstUrhG (DE)' Kunsturhebergesetz (DE) – German Law on Copyright in Works of Art and Photography (DE).
'KWG (DE)' Gesetz über das Kreditwesen (Kreditwesengesetz) (DE) – German Banking Act (DE).
'LDSG (DE-SH)' Landesdatenschutzgesetz Schleswig-Holstein (DE) – Federal State Data Protection Act Schleswig-Holstein (DE).
'MaMoG (DE)' Gesetz zur Umsetzung der Richtlinie (EU) 2015/2436 zur Angleichung der Rechtsvorschriften der Mitgliedstaaten über die Marken
(Markenrechtsmodernisierungsgesetz) (DE) – German Act on the Modernisation of the Trade Mark Law.
'MarkenG (DE)' Gesetz über den Schutz von Marken und sonstigen Kennzeichen (DE) – German Act on the Protection of Trade Marks and other
'MarkenV (DE)' Verordnung zur Ausführung des Markengesetzes (Markenverordnung) (DE) – German Ordinance on the Implementation of the
German Act on the Protection of Trade Marks and other Symbols (DE).
'OWiG (DE)' Gesetz über Ordnungswidrigkeiten (DE) – German Act on Regulatory Offences (DE).
'PostG (DE)' Postgesetz (DE) – German Mail Law (DE).
'ProdSG (DE)' Gesetz über die Bereitstellung von Produkten auf dem Markt (Produktsicherheitsgesetz) (DE) – German Product Safety Law (DE).
'RDG (DE)' Gesetz über außergerichtliche Rechtsdienstleistungen (Rechtsdienstleistungsgesetz (DE) – German Act on Out-of-Court Legal Services (DE).
'StGB (DE)' Strafgesetzbuch (DE) – German Criminal Code (DE).
'TKG (DE)' Telekommunikationsgesetz (DE) – German Telecommunications Act (DE).
'TMG (DE)' Telemediengesetz (DE) – German Telemedia Act (DE).
'UKlaG (DE)' Unterlassungsklagengesetz (DE) – German Act on Action for an Injunction Suit (DE).
'UrhG (DE)' Urheberrechtsgesetz (DE) – German Act on Copyright and Related Rights (DE).
'UStAE (DE)' Umsatzsteuer-Anwendungserlass (DE) – Circular on Application of the German Value Added Tax (VAT) Law (DE).
'UStDV (DE)' Umsatzsteuer-Durchführungsverordnung (DE) – German Value Added Tax (VAT) Implementing Ordinance (DE).
'UStG (DE)' Umsatzsteuergesetz (DE) – German Value Added Tax (VAT) Law (DE).
'UWG (DE)' Gesetz gegen den unlauteren Wettbewerb (DE) – German Law Against Unfair Competition (DE).
'VDG (DE)' Vertrauensdienstegesetz (DE) – German Law of Trust Services (DE).
'VerpackG (DE)' Gesetz über das Inverkehrbringen, die Rücknahme und die hochwertige Verwertung von Verpackungen (Verpackungsgesetz) (DE)
– German Packaging Act (DE).
'VgV (DE)' Verordnung über die Vergabe öffentlicher Aufträge (DE) – German Ordinance on the Award of Public Contracts (DE).
'VwVfG (DE)' Verwaltungsverfahrensgesetz (DE) – German Administrative Procedure Law (DE).
'ZAG (DE)' Gesetz über die Beaufsichtigung von Zahlungsdiensten (Zahlungsdiensteaufsichtsgesetz) (DE)
– German Payment Services Supervision Act (DE).
'ZKG (DE)' Gesetz über die Vergleichbarkeit von Zahlungskontoentgelten, den Wechsel von Zahlungskonten sowie den Zugang zu Zahlungskonten
mit grundlegenden Funktionen (Zahlungskontengesetz) (DE) – German Bank Payment Accounts Act (DE).
'ZollV (DE)' Zollverordnung (DE) – German Customs Ordinance (DE).
'ZollVG (DE)' Zollverwaltungsgesetz (DE) – German Customs Administration Law (DE).
'Rechtsprechungen der Deutschen Bundesgerichte (DE)' – Case-law of the German Federal Courts (DE).
2.1.2 European Union (EU) / European Economic Area (EEA)
Status: Treaty, Codes, Regulations with German provisions on flexibility clauses, case-law of the European Court of Justice, Consistency mechanism decisions of the European Data Protection Board, and EU Embargo and Sanctions Lists binding by the current Head Office location. Several EU norms are without relevance for the European Economic Area (EEA).
'AEUV (EU)' Consolidated Version of the Treaty on the Functioning of the European Union (EU).
'2001/95/EC' Directive on general product safety (EC).
'2002/58/EC' ePrivacy Directive (proposal of the new ePrivacy Regulation (COM (2017) 10 final) (EU), still in final discussion).
'1606/2002/EC' Regulation on the application of international accounting standards (EC).
'2003/361/EC' Commission Recommendation concerning the definition of micro, small and medium-sized enterprises (EC).
'2006/66/EC' Directive on batteries and accumulators and wasted batteries and accumulators (EC).
'2006/112/EC' Directive on the common system of value added tax (EC).
'2006/114/EC' Directive concerning misleading and comparative advertising (codified version) (EC).
'2008/50/EC' Directive on ambient air quality and cleaner air for Europe (EC).
'2008/68/EC' Directive on the inland transport of dangerous goods (EC).
'2008/98/EC' Directive on waste and repealing certain Directives (EC).
'2008/99/EC' Directive on the protection of the environment through criminal law (EC).
'1126/2008/EC' Regulation adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002.
'2009/136/EC' Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector (EC)
– so-called 'Cookie Directive'.
'(EC) 428/2009' Council Regulation setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (recast) (EU),
and all amending regulations (EU) Nr. 1232/2011 ff, delegated regulations (EU) Nr. 1382/2014 ff and corrections currently in force.
'(EC) 1221/2009' Regulation on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS),
repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC.
'2010/45/EU' Directive on the common system of value added tax as regards the rules on invoicing (EU).
'2011/65/EU' Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) (EU)
– so called 'RoHS 2 Directive'.
'2012/19/EU' Directive on waste electrical and electronic equipment (WEEE) (recast) (EU).
'2013/36/EU' Directive on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms,
amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC – so-called PSD 2-Directive.
'(EU) 952/2013' Regulation laying down the Union Customs Code (recast) (EU).
'1386/2013/EU' Decision on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (EU).
'2014/30/EU' Directive on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (EU)
– so called 'EMV Directive'.
'2014/35/EU' Directive on the harmonisation of the laws of the Member States relating to the making available on the market of
electrical equipment designed for use within certain voltage limits (recast) (EU).
'(EU) 910/2014' Regulation on electronic identification and trust services for electronic transactions in the internal market (EU)
– so-called 'eIDAS Regulation'.
'(EU) 2015/847' Regulation on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006.
'(EU) 2015/849' Directive on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing,
‚ and amending Directives 2009/138/EC and 2013/36/EU.
'(EU) 2015/1535' Directive laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society
services (codification) (EU).
'(EU) 2015/2366' Directive on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU
and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
'(EU) 2015/2436' Directive to approximate the laws of the Member States relating to trade marks (Recast) (EU).
'(EU) 2015/2446' Delegated Regulation supplementing Regulation (EU) No 952/2013 as regards detailed rules concerning certain provisions of the
Union Customs Code amended by Delegated Regulations (EU) 2016/341 ff and corrected by Corrigendums currently in force.
'(EU) 2015/2447' Implementing Regulation (EU) 2015/2447 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013
laying down the Union Customs Code (EU), amended by Implementing Regulations (EU) 2017/989 ff, and corrected by Corrigendums
currently in force.
'(EU) 2016/679' General Data Protection Regulation GDPR (EU).
'(EU) 2016/680' Directive on the protection of natural persons with regard to the processing of personal data by competent authorities
for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties,
and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (EU).
'(EU) 2016/943' Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition,
use and disclosure (EU) – with the corresponding single norms of the Directives '2014/23/EU', '2014/24/EU' and '2014/25/EU'.
'(EU) 2016/1148' Directive concerning measures for a high common level of security of network and information systems across the Union (EU)
– so-called 'NIS Directive'.
'(EU) 2017/1371' Directive on the fight against fraud to the Union's financial interests by means of criminal law (EU).
'(EU) 2017/2102' Directive amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and
electronic equipment (EU).
'(EU) 2018/843' Directive amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering
or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU.
'(EU) 2018/852' Directive amending Directive 94/62/EC on packaging and packaging waste (EU).
'(EU) 2018/1673' Directive on combating money laundering by criminal law (EU).
'(EU) 2018/1695' Directive amending Directive 2006/112/EC on the common system of value added tax as regards the period of application of the optional
reverse charge mechanism in relation to supplies of certain goods and services susceptible to fraud and of the Quick Reaction Mechanism
against VAT fraud (EU).
'(EU) 2018/1724' Regulation establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving
services and amending Regulation (EU) No 1024/2012 (EU).
'(EU) 2018/1725' Regulation on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices
and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (EU).
'(EU) 2019/790' Directive on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (EU).
'(EU) 2019/796' Council Regulation concerning restrictive measures against cyber-attacks threatening the Union or its Member States (EU).
'(EU) 2019/881' Regulation on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity
certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (EU).
'(EU) 2019/1020' Regulation on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008
and (EU) No 305/2011.
'(EU) 2019/1153' Directive laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution
of certain criminal offences, and repealing Council Decision 2000/642/JHA (EU).
'(EU) 2019/1937' Directive on the protection of persons who report breaches of Union law (EU).
'(EU) 2020/893' Implementing Regulation amending Implementing Regulation (EU) 2015/2447 laying down detailed rules for implementing certain
provisions of Regulation (EU) No 952/2013 laying down the Union Customs Code (EU).
'(EU) 2020/1209' Implementing Regulation amending Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation
(EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (EU).
'(EU) COM(2020) 98 final' Circular Economy Action Plan – For a cleaner and more competitive Europe (EU).
'(EU) 2021/821' Regulation setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items
'(EU) 2021/1080' Regulation amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation
(EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standards 16, 37 and 41, and
International Financial Reporting Standards 1, 3 and 9 (EU).
'(EU) 2021/1218' Implementing Regulation amending Implementing Regulation (EU) No 79/2012 as regards the storage of and automated access to
the information on the VAT exempted importations under the ‘import scheme’ (EU).
'The European Convention for the Protection of Human Rights and Fundamental Freedoms (EU)'.
'Case-law of the European Court of Justice (EU)'.
'Consistency mechanism decisions of the European Data Protection Board (EU)'.
'EU-China 2020 Strategic Agenda for Cooperation (EU/PRC)'.
'EU Embargo and Sanctions Lists (EU)'.
Status: all binding or supported in general.
'A/RES/3/217 (UN)' Universal Declaration of Human Rights – United Nations (UN).
'A/RES/58/4 (UN)' Convention Against Corruption – United Nations (UN).
'A/RES/60/288 (UN)' Global Counter-Terrorism Strategy – United Nations (UN).
'A/RES/66/359 (UN)' International Code of Conduct for Information Security – United Nations (UN).
'A/RES/70/1 (UN)' 2030 Agenda for Sustainable Development – United Nations (UN).
'Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD)' – Organization for Economic Cooperation and Development (OECD).
'Good Practice Guidance on Internal Controls, Ethics, and Compliance (OECD)' – Organization for Economic Cooperation and Development (OECD).
'Definitions, Policies, and Recommendations of the Financial Action Task Force (FATF) / (OECD) to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction'.
'Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS / WTO)' – Council for TRIPS / World Trade Organization (WTO).
'U.S. and further Embargo and Sanctions Lists (U.S. etc)'.
2.2 Scope, User & Stakeholder, Usage & Registration
2.2.1 This website isap.com is a pure 'Business-to-Business (B2B)' platform in accordance with 'Section 11 TMG (DE)' [2.1.1]. Consequently, it is not addressed to direct or indirect consumers for the purpose of 'Section 13 BGB (DE)' [2.1.1] or not legally competent minors [4.5.1], but exclusively addressed to professionals, meaning to (a) Authorities and enterprises for the purpose of 'Section 14 BGB (DE)' [2.1.1] such as companies, institutes, and organizations with seat outside of the European Union (EU) / the European Economic Area (EEA) who already are or want to be registered [2.2.4] as Service Provider's 'Customers' or 'Distribution & Support Partners', and to (b) (sub)suppliers and service entities [2.4.2 (i)] with seat within or outside of the EU/EEA who already are or shall be registered [2.2.4] as 'Suppliers' and 'Service Entities', and to (c) further Suppliers and Service Entities [2.4.2 (i)] with seat within or outside of the EU/EEA who support the progressing Enterprise Transformation [2.4.2 (i)] with direct deliveries and services to/at the various future international locations of the 'ISAP Startup Units' [2.4.3], as well as to (d) the involved officers, officials in charge, beneficial owners, decision makers, managers, obligors, contributors, employees, servants and vicarious agents – hereinafter collectively referred to as 'Users' or in the cases where registered Users concerned exclusively to as 'Stakeholders'.
(i) With the Stakeholders, Service Provider differentiates between (a) the registered persons authorized to sign of his Customers and of his Distribution & Support Partners with seat outside of the EU/EEA, – hereinafter referred to as 'Business Partners', and (b) their registered, internal, unauthorized to sign persons who contact the Service Provider in pre-contractual matters – hereinafter referred to as 'Correspondence Partners', and (c) their registered, external, unauthorized to sign EU/EEA-based brokers, freight forwarding agents, and external privacy officers who contact the Service Provider in pre-contractual, freight forwarding and data protection matters – hereinafter referred to as 'Agents', and (d) the registered, unauthorized to sign operators of Service Provider's delivered systems technology who contact the Service Provider in care and support matters – hereinafter referred to as 'Equipment Operators' – as well as (e) all unregistered Authorities or persons who complete tasks in official duties or in technical, organizational or legal matters or by order of registered Stakeholders and who are unknown to Service Provider.
(ii) Beside the Terms of Services and first information about binding compliance measures provided on this page, all freely accessible content of this website is for the purpose of providing initial, general, and noncommittal advanced information about the actual state of the Enterprise Transformation and the current range of products, supplies and services offered in the context of the activities of Service Provider's Head Office for business purposes outside of the EU/EEA.
2.2.2 The obligatory provisions and the current range of products, supplies and services offered by the Service Provider for business or official purposes in the EU/EEA are displayed on Service Provider's website isap.eu or on websites of his 'European Distribution & Support Partners'. Service Provider's website isap.eu is also the applicable administrative and support platform for all Business Partners' Agents and Equipment Operators with seat within the EU/EEA and all Service Provider's Suppliers, both with seat within or outside the EU/EEA, to comply with the place of performance principle of the '(EU) 2016/679' General Data Protection Regulation GDPR (EU) [2.1.2 / 4.1 (i)].
2.2.3 The anonymous usage of all freely accessible content of this website is free of charge and precludes contractual agreements. All kinds of usage shall be subject to these Terms of Services exclusively. These can be amended, modified, or replaced by further terms on a case-by-case basis. With the usage of this website the validity of these Terms of Services in their respective version shall be accepted. All information on this website is supplied without any liability.
2.2.4 Beside the anonymous usage [2.2.3 / 4.3], professional Users [2.2.1] may also register for confidential business or legal related correspondence by sending the secure eContact form [3.2.1 / 4.5], after they opt-in to confirm their professional status and took note of these Terms of Services  and to the further provisions and compliance measures [2.3 / 3 / 4 / 5]. By thoroughly following the linked savable instruction of the receipt confirmation, the Users can final their fully self-manageable three-steps registration by a first login and the obligatory basic compliance check for verification and release by Service Provider according to his statutory authentication and authorization procedure [4.5.3 / 4.5.3 (i)].
2.2.5 The content of this website was created with greatest possible care. However, the Service Provider does not guarantee the accuracy, completeness, and topicality of the provided content under exclusion of any liability. The Service Provider endeavors to provide the service without interruption to the greatest possible extent, but can not fully exclude technically related downtimes or other disturbances caused by faulty files or/and structures.
2.2.6 Selection, positioning and display duration of the individual information and recommendations are determined by the Service Provider exclusively. He reserves the right to change or terminate his services at any time without prior notice or subsequent information.
2.2.7 The use of this website is terminated at the moment of following an external link.
2.3 Risk, Compliance, Performance & Assets Management
2.3.1 Service Provider's general concern are legal, economic and lean business processes, based on best practice and strict compliance with the applicable (multi)national agendas, agreements, codes, conventions, declarations, definitions, guidances, policies, recommendations, strategies, and (inter)national acts, directives, laws, ordinances, principles, regulations and prevailing case-law [2.1.1 / 2.1.2 / 2.1.3]:
(i) To stay compliant, even on high numbers of new, amended and repealed, more complex and interacting legal and technical norms and prevailing case-law, these are timely detected by Service Provider's 'Legal Watch & Alert System', and processed for prompt adjustment of Service Provider's 'Business Process Norm Modules' with auto-update of his binding Enterprise Standards such as 'ISAP Codices', 'General Terms and Conditions', '(Additional) Agreements', 'Guidelines', 'Policies', 'Plans', 'Principles', 'Procedural Documentations' and 'Indexes', 'Processing Records', 'Systems' and 'Workflows', 'Aid and Supporting Programs' with efficiency-optimized and fine-tuned technical and organizational measures (TOM) to minimize the probability of unintended infringements against the legal norms listed under 2.3.3. To support his general concern [2.3.1], all major adjustments, clarifications, and executions [2.3.1 (ii), (iii) and (iv) / 2.3.4 (ii) (d) / 2.4.2 (i) / 4.5.2 (i) / 4.5.3 (i), (ii) and (iii)] an Authorities and Chamber-confirmed 'two weeks time slot' shall be binding – extended timespans on more complex cases with need of a ministry or court decision excepted.
(ii) To ensure the successful implementation, the applicable interacting TOM or/and Business Process Norm Modules or/and Enterprise Standards [(i)] or their relevant passages shall be compared with those of the Stakeholders' [2.2.1 / 2.4.2] at the time of registration [4.5.3] as well as on the further business processes, for the detection and replacement of the incompatible provision by fine-tuned special contractual agreements, to ensure all parties the obligatory basis for lawful contracts, coherent business letters and legal executions and documentations, that is resilient even on other risk-relevant circumstances such as urgent cybercrime warnings or strong indications of regime changes.
(iii) In cases of doubt, Service Provider shares his compact 'Case Reports' or 'Case Ratings' with the initial assesment(s) by specialist lewyer(s) or/and selected applicable Business Process Norm Modules [(i)] with his supervising Authorities or/and responsible Chamber or/and competent Federation [1.2 / 1.3] – in the following also referred to as 'Official Decision Makers', to enable them informed, fine-tuned and timely decisions and recommended actions. This standard workflow according to the 'ISAP Legal Team Play Policy' – assisted by the confidential, provable and high capability information service [3.2.1 to 3.2.1 (ii)] between the registered Stakeholders [2.2.1] – is designed to accomplish most prompt and maximum possible legal clarity and certainty. Consequently, the Stakeholders shall verify the elaborated decisions and recommended actions, and upload their informed agreement or substantiated denial within a binding two weeks timespan by provable service [3.2.1 to 3.2.1 (ii)], empirically possible, if the Stakeholders are pre-informed as well as qualified like for instance engineers, lawyers, and members of the management.
(iv) The Equipment Operators [2.2.1 (i)] shall be timely and bindingly instructed by Service Provider's Business Partners [2.2.1] to the contractual and the applicable legal provisions from the receipt to the obligatory recycling of the 'ISAP Equipment' at manufacturers site [2.3.4 / 2.3.4 (ii) (e) to (h)], and to comply with the obligatory agreements for the officially checked and approved compensations of special discounts/conditions, if any, by the usage rights on adequate public relation material releases (application descriptions – text, graphics, photos) or/and by the transfer of the authors' copies of technical or scientific publications respectively their order numbers of publishing house, that shall be provided without Service Provider's request [2.3.5 (iv) (d) and (e)]. Changes of norms or binding Case Report decisions of the Official Decision Makers [2.3.1 (iii)] during the agreed equipment usage periods shall be obeyed at the moment of applicability, provably knowable by upgrades of the Operations Manuals [2.3.4 (ii) (f)] or/and by legal hints under 'Compliance & Performance News' in the Equipment Operators' Online Support Areas [3.4 to 3.4 (ii)]. Aforementioned is obligating to exercise diligence as per good practice and shall be realizable independent of possible or effective deviating organizational membership relations between Service Provider's Business Partners and Business Partners' Equipment Operators [4.5.4]. The detailed implementations as per best practice shall be clarified by the pre-reviews and comparisons of the applicable Service Provider's Enterprise Standards [2.3.1 (i)] and his Business Partners' Standards for pre-clarifications to enable contracts with maximum possible legal certainty.
2.3.2 In the following subparagraph 2.3.3 the most applicable fields of law with selected applicable Enterprise Standards and the corresponding legal and technical provisions with interactions [references] are listed at a glance, not intended to be exhaustive.
(i) In addition, Service Provider's 'Code of Conduct' and 'Code of Ethics', the applicable 'Case-law' of the 'German Federal Courts (DE)' or of the 'European Court of Justice (EU)' [2.1.1 / 2.1.2] shall be binding in any case. In the subparagraphs 2.3.4 and 2.3.5 the intention focus of Service Provider's installed technical and organizational measures 'TOM' shall inform all Users in advance about the simple but partially multiple effective risk-based compliance process chains to prevent all Stakeholders from unintended infringements.
(ii) The TOM for IT & Data Security [2.3.3 (i) / 3] are the obligatory basis of all further TOM such as those for Privacy [2.3.3 (ii) / 4], and Intellectual Property Rights & Competition Laws in website content matters [2.3.3 (iv) / 5], stated completely in the separated chapters 3, 4 and 5 as affecting all Users.
(iii) The TOM in business matters also regarding the further legal provisions [2.3.3 (iii) to (vii)] are stated in the subparagraphs 2.3.4 and 2.3.5 below.
2.3.3 Compliance topics, Enterprise Standards, and corresponding legal provisions:
Status: selections, not intended to be exhaustive.
(i) 'IT & Data Security' , core issue of all digital compliance processes (ii) to (vii), with risk-based compliance implementation by the applicable and binding Enterprise Standards such as 'ISAP IT Infrastructure Strategy', 'IT & Data Security Management Policy', 'Online Support System', 'Third Party Software Usage Restriction Policy', 'Software Development Policy', 'Procedural Documentation IT & Data Security', and the 'ISAP Cybercrime Risk Report', following 'the applicable technical directives and recommendations for a state-of-the-art IT & data security' of the 'IT-Grundschutz-Kompendium' [1.2.1 / 3.2 / 3.4 / 4.5.1], and legally based on the applicable provisions of the 'BSIG (DE)' [2.1.1], '(EU) 2016/1148', '(EU) 2019/796', '(EU) 2019/881' [2.1.2], and 'A/66/359 (UN)' [2.1.3];
(ii) 'Data Protection' , highly IT & data security-based [(i)], and case dependent interacting with the processes (iii) to (vii), with risk-based compliance implementation by the applicable and binding Enterprise Standards such as 'ISAP Data Protection Management Policy', 'Processing Records Data Protection', 'Data Protection Controller Processor Contracts', 'Instructing Formal Obligation to Non-Disclosure and Data Secrecy', legally based on the applicable provisions of the 'BDSG (DE)', 'DSAnpUG-EU (DE)', '2.DSAnpUG-EU (DE)', 'LDSG (DE-SH)', 'OWiG (DE)', 'TKG (DE)', 'TMG (DE)', 'VDG (DE)', '2002/58/EC', '2009/136/EC', '(EU) 2016/679', '(EU) 2016/680', '(EU) 2016/1148', '(EU) 2018/1725', and the 'Consistency mechanism decisions of the European Data Protection Board (EU)' [2.1.1 / 2.1.2];
(iii) 'Quality Assurance & Adherence to Schedules, Climate & Environmental Protection and Product Safety' [2.3.4], case dependent interacting with the processes (i), (ii), and (v) to (vii), with risk-based compliance implementation as per the Enterprise Founding Tenet 'Sustainable technical solutions for human and nature by current state-of-the-art technology, overhead cost-cutting, maintenance- and eco-friendly, highly recyclable modular design', the Enterprise Founding Mission 'Clean Air' and by the applicable and binding Enterprise Standards such as the 'ISAP Total Quality Assurance', 'Environmental Protection', and 'Resource Saving Plans', the 'ISAP Highly Recyclable Modular Design' and 'Integrated Product & Service Strategies' with the 'ISAP Equipment Development & Prototyping Plans', the 'ISAP Adherence to Schedules Policy', and the 'Equipment Support, Maintenance & Overhaul, Usage Period Extension & Recycling Plans', implemented by the 'ISAP Care & Support Equipment Operations & Maintenance Module' with the 'ISAP At a Glance', 'Plug & Play', '4 Screws – 5 Minutes', and 'Online Update Principles' and the 'ISAP 5 Years Recalibration-Free Equipment Lifetime & Spare Parts Kits Availability', described by the 'ISAP Operations & Maintenance Manuals', and communicated via the 'ISAP Support & Quality Assurance System' and its elements 'ISAP Online Support System', 'Online Support Areas', 'Online Support Contract', 'Online Support Contract Guideline', as well as per the 'ISAP Care & Support Legal Certainty Module', with the 'ISAP Equipment Return, Compliance Check & Recycling Service' and the ten years stored 'ISAP Equipment Receipt, Completeness and Condition Report' for the consequent and provable assertion of the 'Circular Economy' as the core foundation of all climate and environmental protection-associated processes, and for the documented exculpation of the Stakeholders from the suspicion of crime against the protection of the environment, legally based on 'the Goals 12, 13 and 17 of the 2030 Agenda for Sustainable Development of the United Nations A/RES/70/1 (UN)', and on the 'Circular Economy Action Plan for a cleaner and more competitive Europe (EU) COM(2020) 98 final', and on the applicable provisions of the 'BattG DE', 'GefStoffV (DE)', 'GGBefG (DE)', 'KrWG (DE)', 'ProdSG (DE)', 'VerpackG (DE)', '2001/95/EC', '2006/66/EC', '2008/50/EC', '2008/68/EC', '2008/98/EC', '2008/99/EC', '(EC) 1221/2009', '2011/65/EU', '2012/19/EU', '1386/2013/EU', '2014/30/EU', '2014/35/EU', '(EU) 2017/2102', '(EU) 2018/852', and '(EU) 2019/1020' [2.1.1 / 2.1.2 / 2.1.3], as well as on the applicable provisions of the standards 'CEN', 'DIN EN', 'DIN EN ISO', 'DIN ISO', 'EN', 'ISO', such as 'DIN EN ISO 9001', 'DIN EN ISO 14001', and further applicable standards, but with significantly shorter and event-based improvement cycles, fault corrections, if any, and enterprise-adjusted efficiency improving streamlining regarding the different processes and international locations of the cell production vendor parts partners' enterprises and the mobile 'Local Assembling Stock-keeping & Testing Units (ISAP LAST Units)' [2.4.1 (iv)];
(iv) 'Intellectual Property Rights & Competition Law' with 'Copyright', 'Exploitation Rights', and 'Media Law' in documents transfer and website content matters , and 'Technology, Know-how, Business and Trade Secrets' in general 'Industrial Property Rights' and 'Assets Protection' matters [2.3.4 / 3.1 / 3.3], case dependent interacting with the processes (i), (ii), (iii), (v), (vi) and (vii), with risk-based compliance implementation by the applicable and binding Enterprise Standards such as 'General Terms and Conditions of Supplies and Services (ISAP GTC)', 'General Terms and Conditions of Software Usage Rights (End User License Agreement ISAP EULA-EN)', 'General Terms and Conditions of Purchasing Products, Supplies and Services (ISAP GPC)', 'General Terms and Conditions of Business and Trade Secrets (General Non-Disclosure Agreement ISAP GNDA)', 'Additional Non-Disclosure Agreement (ISAP ANDA)', 'Software Development Policy', as well as the 'ISAP Equipment Return, Compliance Check & Recycling Service' and the ten years stored 'ISAP Equipment Receipt, Completeness and Condition Report' for the obligatory technology assets protection check and documented exculpation of the Stakeholders, legally based on the applicable provisions of the 'BGB (DE)', 'GeschGehG (DE)', 'DesignG (DE)', 'KunstUrhG (DE)', 'MaMoG (DE)', 'MarkenG (DE)', 'MarkenV (DE)', 'OWiG (DE)', 'StGB (DE)', 'TKG (DE)', 'TMG (DE)', 'UrhG (DE)', '(EU) 2015/2436', '(EU) 2016/943', '(EU) 2016/1148', '(EU) 2019/790', '(EU) 2019/881', '(EU) 2019/1937', '(EU) 2020/1209', and on the 'Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS / WTO)' [2.1.1 / 2.1.2 / 2.1.3];
(v) 'Trademark Reputation & Fair Trading Law' for 'Protection of Distinctive Signs', against 'Product Piracy, Counterfeiting, Confusion, Exploitation & Dilution', and against 'Unfair Competition' [2.3.4], case dependent interacting with the processes (i), (ii), (iii), (iv), (vi) and (vii), with risk-based compliance implementation by the applicable and binding Enterprise Standards such as 'ISAP GTC' [(iv)], 'ISAP EULA' [(iv)], 'Order Confirmation (ISAP OC)', 'Letter of Authorization (ISAP LoA)', 'Agency Agreement (ISAP AA)', 'Franchise Agreement (ISAP FA)', 'Traineeship Agreement (ISAP TA)', 'Online Support Contract Guideline (ISAP OSCGu)', 'Online Support Contract Guideline (ISAP OSCGu)', 'ISAP Costs Coupling Prohibition Policy', 'Operations Manuals (ISAP OM)', 'ISAP Fair & Complete Publication Policy', as well as the 'ISAP Equipment Return, Compliance Check & Recycling Service' and the ten years stored 'ISAP Equipment Receipt, Completeness and Condition Report' for the documented exculpation of the Stakeholders from the suspicion of product piracy, counterfeiting, confusion, exploitation & dilution, and unfair competition [2.3.4 (ii) (b) and (c)], legally based on the applicable provisions of the 'MaMoG (DE)', 'MarkenG (DE)', 'MarkenV (DE)', 'OWiG (DE)', 'StGB (DE)', 'UKlaG (DE)', 'UWG (DE)', 'GWB (DE)', and '2006/114/EC (EU)' [2.1.1 / 2.1.2 / 3.3];
(vi) 'Corruption, Money Laundering Predicate Offense, Terrorism Financing and Proliferation Support Prevention & Commercial Criminal Law' [2.3.5 / 3 / 4 / 5], case dependent interacting with the processes (i) to (v) and (vii), with risk-based compliance implementation by the applicable and binding Enterprise Standards such as 'ISAP Payment Policy', 'ISAP Corruption Definition & Exclusion Policy', 'ISAP Money Laundering Predicate Offense Definition & Exclusion Policy', 'ISAP Terrorism Financing Definition & Exclusion Policy', 'ISAP Proliferation Support Definition & Exclusion Policy', 'ISAP Cross-Border Travel Risks & Behavior Policy', 'ISAP Border Control Workflow', as well as the 'ISAP Equipment Return, Compliance Check & Recycling Service' and the ten years stored 'ISAP Equipment Receipt, Completeness and Condition Report' for the documented exculpation of the Stakeholders from the suspicion of infringements related to the highly dynamic money laundering predicate offense intensification with suspicion of terrorism financing or proliferation supply [2.3.5 (vi)], legally based on the applicable provisions of the 'GwG (DE)', 'IntBestG (DE)', 'InsO (DE)', 'KorrBekG (DE)', 'RDG (DE)', 'StGB (DE)', '2006/114/EC', '2008/99/EC', '2010/45/EU', '2013/36/EU', '(EU) 910/2014', '(EU) 2015/1535', '(EU) 2015/847', '(EU) 2015/849', '(EU) 2015/2366', '(EU) 2016/680', '(EU) 2016/1148', '(EU) 2017/1371', '(EU) 2018/843', '(EU)2018/1673', '(EU) 2018/1695', '(EU) 2019/881', '(EU) 2019/1153', '(EU) 2019/1937', 'A/RES/58/4 (UN)', 'A/RES/60/288 (UN)', 'Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD)', 'Good Practice Guidance on Internal Controls, Ethics, and Compliance (OECD)', 'Definitions, Policies, and Recommendations of the Financial Action Task Force (FATF) / (OECD) to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction' [2.1.1 / 2.1.2 / 2.1.3 / 4.5.3], and applicable, appropriate and effective further standards such as DIN ISO 19600, but with significantly shorter and event-based improvement cycles, fault corrections, if any, and enterprise-adjusted efficiency improving streamlining regarding the different processes and international locations of the cell production vendor parts partners' enterprises and the mobile 'Local Assembling Stock-keeping & Testing Units (ISAP LAST Units)' [2.4.1 (iv)];
(vii) 'VAT (core instance), Tax, Customs, Export Control, Foreign Trade and Payment Act & Banking Law' [2.3.4], core issues of all digital and paper-based compliance processes (i) to (vi), with risk-based compliance implementation by the applicable and binding Enterprise Standards such as 'ISAP Comprehensive Procedural Documentation GoBD' [2.1.1], 'ISAP Payment Policy', 'ISAP Export Declaration, Pickup & Control Workflow', 'Charge Rates (ISAP CR)', 'ISAP Costs Coupling Prohibition Policy', 'ISAP Fair Price & Fair Competition Policy', 'Distribution & Support Partner Guideline (ISAP OSPGu)', 'Online Support Contract Guideline (ISAP OSCGu)', 'Sub Contract (ISAP SC)', 'Agency Agreement (ISAP AA)', 'ISAP Clean Air Aid Program', 'ISAP Natural Disaster Aid Program', 'ISAP UN 2030 Agenda Supporting Program', as well as the 'ISAP Equipment Return, Compliance Check & Recycling Service' and the ten years stored 'ISAP Equipment Receipt, Completeness and Condition Report' for the documented exculpation of the Stakeholders from the suspicion of infringements against VAT, Tax, Customs, Export Control, Foreign Trade and Payment Act provisions, legally based on the applicable provisions of the 'AO (DE)', 'AEAO (DE)', 'AWG (DE)', 'AWV (DE)', 'BGB (DE)', 'EStDV (DE)', 'EStG (DE)', 'GoBD (DE)', 'KAGB (DE)', 'KWG (DE)', 'OWiG (DE)', 'StGB (DE)', 'UStAE (DE)', 'UStDV (DE)', 'UStG (DE)', 'ZAG (DE)', 'ZKG (DE)', 'ZollV (DE)', 'ZollVG (DE)', '(EU) 2006/112/EC', '2008/68/EC', '(EC) 428/2009', '2010/45/EU', '(EU) 952/2013', '(EU) 2015/2446', '(EU) 2015/2447', '(EU) 2018/1695', '(EU) 2020/893', '(EU) 2021/821', '(EU) 2021/1080', '(EU) 2021/1218' and the 'EU Embargo and Sanctions Lists' [2.1.1 / 2.1.2], and, if applicable, further similar lists.
2.3.4 To support the efficiency of Service Provider's technical and organizational measures (TOM) for a globally-orientated compliance care to enable legal, economic and lean business processes [2.3.1] even on high numbers of new, amended and repealed, more complex and interacting legal and technical norms and prevailing case-law [2.3.1 (i)], and to implement the consequent and provable assertion of the 'Circular Economy' as the core foundation of all climate and environmental protection-associated processes [2.3.3 (iii)], all Service Provider's products come with an application-oriented 'ISAP Care & Support Package'. This package contains references for a suitable daily care routine and a support contract with discounted tools & spare parts kits, on-site module exchange supplies, and for equipment usage period extensions [2.3.4 (iii) (g)] to keep the advanced 'ISAP Equipment' long-term in mint condition as well as a complete compliance care with references about the contractually pre-agreed intended usage, location(s), and total usage period as well as all applicable legal provisions during the total equipment lifetime, that means from the eco-friendly highly recyclable modular design to the statutory proficient and highly efficient recycling with remains disposal at manufacturers site [2.3.4 (ii) (a) bis (h)]. Aforementioned complies with the targets of Service Provider's 'Sustainable Product Design', his 'Integrated Product & Service Strategy' [2.3.3 (iii)] and his combined 'Risk, Compliance, Performance & Assets Management Strategy' [2.4.2 (i) and (ii)], to prevent all Stakeholders from unintended infringements against the law [2.3.3 (i) to (vii)]. In the following some fundamentals in property rights [2.3.4 (i)], the commonly applied good practice-based business processes [2.3.4 (ii)], and the release opportunities of all Stakeholders on provable and documented compliance with this TOM are listed [2.3.4 (iii)] for checkable pre-information about the compliance measures [2.3.1 (i) to (ii)] before the registration for the establishment of a business relation, and how to avoid cases of doubt [2.3.1 (iii)].
(i) As per the applicable (inter)national provisions, agreements, and prevailing case-law [2.3.3 (iv) / 2.4.1 (iii)], all property rights and the product responsibilities remain to the inventor/designer/developer – above and hereinafter collectively referred to as 'manufacturer' – and to the (re)seller. Depending on the kind of development orders, the property rights and the product responsibilities may vary or/and may require extraordinary administrative procedures to enable the timely equipment availability:
(a) in all cases of development orders such as of largely new 'Application-oriented Special Design Aerosol Sampling Systems' or 'Application-oriented Environmental Simulation Plants' with agreed and executed fully payment for the complete planning, construction, development, series maturity, and for the transfer of all exclusive intellectual property, utilization and exploitation rights, the Customers' shall become sole rights holder and persons responsible in all product matters [(b)];
(b) in all other cases of application-oriented modification or/and further development orders of existing plants or devices, all property rights [2.3.3 (iv)] remain to Service Provider as the manufacturer who stays also responsible for the product safety, contractually intended usage and mandatory professional and eco-friendly recycling with remains disposal of the equipment [2.3.3 (iii), (iv), (vi) and (vii)];
(c) only in the aforementioned other cases [(b)] and on short deadlines, long-term Customer's and Service Provider may bindingly agree in prompt separated partial preliminary services like application-oriented planning, design, hard or/and software development works, based on specified demands and requirements provable transferred by Customers or their registered Correspondence Partners [2.2.1 (i) (b)] and on Service Provider's binding cost calculations, before the formal order processes are finalized, to enable Customer's the scheduled project starts. The observance of the long-term continuous business relation for at least five (5) years with continuous orders and complete equitable renumeration shall minimize the risks of irregularities like reduced or missing formal orders or reduced or missing remuneration that might be judgable as (attempted) hidden bribery [2.3.5 / 2.3.5 (i)] which is why:
(d) the Customers shall be obligated to ensure the complete remuneration for all agreed and executed partial preliminary services [2.3.5 to 2.3.5 (b)] that shall be numbered in Service Provider's partial execution confirmations provably transferred to Correspondence Partners or Customers within the legal limitation periods. In cases the formal order processes are not completed within one year after the provable transfer of Service Provider's last binding cost calculation, the Service Provider shall be released from all further delivery duties and service works, but shall retain the results of his separated partial preliminary services for three years after the provable transfer of his last binding cost calculation, if this was reasoned by Customer's project shift with reasonable prospect of the formal order.
(ii) The most commonly applied good practice-based business processes from request for quotation to statutory recycling are:
(a) Customers' or Distribution & Support-Partners' informed requests for Service Provider's actual products and services as per the specifications provided on this website [2.2.1 (ii)] or in the valid product descriptions and accessories and options lists, including all necessary information about the intended application(s), target(s), evaluation method(s), usage purpose(s), intensities, periods, and location(s), and further information about the technical and environmental conditions as required by the 'Scheduled Application' fields of the 'Device and Project Inquiry Forms' on this website, as well as the timely uploads of the 'Equipment End-Usage Certificates' with organization names, addresses, main economic beneficiaries and decision makers in cases of third party Equipment Operators [2.3.1 (iv)], as well as good knowledge about the application of the optional reverse charge mechanism on the common system of value added tax in relation to check, overhaul and maintenance works depending on the relation of works and addition of material or/and modules as per the amending Directive '(EU) 2018/1695' [2.1.2];
(b) Sub-suppliers' quotations and order confirmations with 'Dual-use non-applicability declarations' and 'EC declarations of conformity' for the 'CE signs', if applicable, as well as the timely deliveries of thoroughly quality-verified parts or products with delivery notes and invoice with all serial numbers and years of manufacturing (YOM), and with microprocessor batteries data sheets [2.3.3 (iii)], if any, for the:
(c) Service Provider's embargo and sanctions lists-checked legal 'Export declarations' with complete papers [(a) and (b)], the timely, legal and hazardous substances avoiding goods issues or pickups for freight forwarding with oil-drained pumps [2.3.3 (iii)], if any, and:
(d) Freight forwarders' direct, compliant, timely and provable deliveries within two weeks at the latest to the business partners' addresses named in Service Provider's export declarations or to the responsible bonded warehouses;
(e) Customers' or Distribution & Support-Partners' or Equipment Operators' timely upload of the receipt check report with documentation in cases of damaged outer or/and inner packages or/and seals or/and damaged or/and incomplete equipments, accessories, and options as per the delivery note or packing list, as well as Service Provider's subsequent legal distribution of the Comfort Operations Software, if any, and of the Operations Manuals including their updates, available on important technical or legal changes [2.3.1 (iv)] – by the obligatory provable service via the particularly secured Online Support Areas [3.4 to 3.4 (ii)];
(f) Equipment Operators' attentive perusals of the Operations Manuals, their updates, and the implementations of Service Provider's provisions and advises regarding safe transportation and storage, verified correct and stable mains power, and the contractually agreed intended usage in best functional condition, regularly cleaned and cared with timely spare parts application according to the usage journal entries, prompt defect reports with serial number(s) and timely support and maintenance acceptance with upgrades or replacements on malfunctions, easy and prompt executable on site by a Customers' technician as per the 'ISAP 4 Screws – 5 Minutes Principle' [2.3.3 (v)], whereby any further activities on access-protected or signed technology system modules as well as any third party access are prohibited [2.3.4 (ii) (b) and (c)];
(g) Customers' timely requests for the extension of the regular equipment usage period with obligatory exchange of overaged battery cells, synthetics, connectors, toothed belts, modules with outdated standards, and inspection, overhaul, and recalibration of all equipment sensors, including meteorological stations, and inlet or filter holder impactor stages [2.3.3 (iii)], if any, as well as upgrades of unsupported versions and expired usage licenses of the Equipment Firmware and the Comfort Control Software, or Customers' early notifications of the final termination of usage for timely assistance with Service Provider's carriage and fees paid return service for the obligatory legal, competent and eco-friendly final treatment by highly efficient recycling and remains disposal of the delivered equipment at manufacturer's site in the meaning of the 'Circular Economy Principle' [2.3.3 (iii)], as well as the erasure of the Comfort Control Software on Equipment Operators' sides, if any.
(h) Customers' or Distribution & Support Partners' or external scientific Equipment Operators' uncalled timely uploads of the authors's copies of technical or scientific publications respectively their order numbers of publishing house to inform Service Provider about the applications of the ISAP Equipment and to enable him informed answers on readers' direct queries.
(iii) The provable and documented compliance with this TOM shall release all Stakeholders in the following cases – whereby each case might be judged as predicate offense of money laundering with suspicion of terrorism financing or proliferation support [2.3.3 (vi) / 2.3.5] – from suspicion of:
(a) unintended unprofessional or unlicensed usage [2.3.3 (iv) and (v)];
(b) contractually excluded disassembling, investigation and measuring out of access-protected or signed technology system modules as a matter of predicate offense of illicit reengineering [2.3.3 (iv) and (v)] with suspicion of:
(c) illicit transfer of technology with opportunity of cross-border resale with suspicion of acceptance of an advantage, with suspicion of:
(d) infringements against export control and foreign trade law [2.3.3 (iv), (v) and (vii)], and of:
(e) crime against the protection of the environment as per EU Directive '2008/99/EC' [2.1.2 / 2.3.3 (iii)];
2.3.5 The implementations of the TOM to comply with the complexes 'Corruption, Money Laundering Predicate Offense, Terrorism Financing and Proliferation Support Prevention & Commercial Criminal Law' [2.3.3 (vi)] shall avoid any kind of business practices that might be judgable as hidden bribery to rule out any suspicion of predicate offense for money laundering with suspicion of terrorism financing or proliferation support [2.1.1 / 2.1.2 / 2.1.3 / 4.5.3]. To accomplish this, Service Provider's applicable binding Enterprise Standards [2.3.3 (vi)] refer to the basic prevention measures that are pre-agreed with Service Provider's supervising Authorities [1.3.1 bis 1.3.5]:
(i) The general exclusion of:
a) unreasoned or/and inadequate remuneration or fees reductions, or waiver of remuneration for billable (partial) supplies or (partial) services, price dumping, underpayment or not statutory or not contractually agreed free consulting, planning, design, check, overhaul or support works, or receipt or acceptance quality failure reports, or of:
(b) waiver of the assertion of (pre-)contractually agreed remuneration or/and of adequate claims for compensation [2.4.2 (ii)], or of:
(c) gifts or unreasonable concessions.
(ii) The general calculation of adequate value-oriented remuneration for automation engineering with reasonable high reinvestments for innovative system development with leading technology and features with unique characteristics, the certificates of qualification and the educational attainment and long-term experiences of the executing experts.
(iii) The general calculation of adequate, customary, cooperation level and quantity or annual turnover-dependent scaled (reseller) standard discounts, excluding market price fixings to avoid the potential of cease and desist letter opportunity as per applicable country law.
(iv) Special discounts shall be based on comprehensible reasons to be legal as in cases of:
(a) limited special offers of new or checked demonstration systems or refurbished used former version systems, or of:
(b) running support contracts, with priorly and officially checked and approved [1.3.1 to 1.3.5] exceptional discounts of up to 50 percent on the exchange of defective or overaged technology system modules – on return in a safe package, and with intact original access-protection or label [2.3.4 (ii) (b) and (c)] – with goods threshold value-caused low effort and cost in re-import and re-export matters [2.3.3 (vii)], or of:
(c) technical upgrades, agreements on usage-period extension [2.3.4 (v)], or the timely procurement of identical or similar ISAP Equipment after the expiration of the regular or extended total usage period and the properly return with passed compliance check for the prompt highly efficient recycling [2.3.5 (vii)], or of:
(d) priorly and officially checked and approved [1.3.1 to 1.3.5] special conditions on detailed specified sophisticated reference equipment applications, or/and on projects with applicability of the 'ISAP Clean Air Aid Program' for novices with additional best practice workflows for successful laboratory works and analytics, or/and on completely administrative and technical specified UN projects within the field of climate and environmental protection that meets Service Provider's pertinent support program for selected goals of the 'UN 2030 Agenda' [2.1.3]. In all these cases, special conditions shall be based on mutuality by releases of depictions and visuals or/and the order data of technical or scientific publications about the application of the ISAP Equipment with actual Design and Performance Level to enable Service Provider's informed answers on readers' direct queries or/and the utilization for public relations and reference purposes as stated in his quotations or/and order confirmations or/and General Terms and Conditions [2.3.1]. The total discount limits shall not be in excess of about 15 percent of the regular equipment basic prices and not be in excess of about 25 percent of Service Provider's basic charge rates – the binding values of the contracts or/and of Service Provider's applicable Enterprise Standards [2.3.1 (i)] apply. On missing or inadequate material releases or/and technical or scientific publications, the discounts shall be refunded plus legal interest – Service Provider's 'ISAP Fair & Complete Publication Policy' [2.2.3 (v)] applies with the obligatory:
(e) priorly and officially checked and approved [1.3.1 to 1.3.5] agreements on mutuality for the compensation of special conditions, whereby the Customers or external scientific Equipment Operators [2.3.1 (iv)] shall provable provide Service Provider uncalled with public relation material releases (application descriptions – text, graphics, photos) or/and with authors's copies of technical or scientific publications respectively their order numbers of publishing house to inform Service Provider about the applications of the ISAP Equipment. This also enable Service Provider's informed answers on readers' direct queries [2.4.3 (ii) (h)]. In cases of missing relevant details such as the full Equipment name or the unique characteristics or on missing authors's copies or order numbers of publishing house within the agreed period, the special discount amounts shall be refundable including interest rates – Service Provider's 'ISAP Fair & Complete Publication Policy' applies.
(v) Service Provider's globally binding 'ISAP Payment Policy' prescriptively demands cashless and direct money transfers between the Stakeholders' and the Service Provider's published or/and with tax offices pre-agreed business bank accounts or by the account-associated business cards as far as possible. In due diligence matters, the risk-minimizing measures of proof certificated beneficial owner's identity and funds origin, the total value and intended purpose, documented proof of use shall apply. Before the business-associated usage of 'New Payment Products and Services (NPPS)' such as 'Prepaid Cards', 'Mobile Payments', 'internet-based Payment Services' or 'Cryptocurrencies', an informed coordination with the VAT department of the tax office, the customs office and with the in money laundering matters obliged entities about origin, intended purpose and proof of use, consolidated by the account statements with the tax declarations [2.3.3 (vi) and (vii)];
(vi) Beside the 'Implementation of the Quality Assurance, Environmental Protection and Resource Saving Plans' [2.2.3 (iii)], the 'Preservation of the Industrial Property Rights' [2.2.3 (iv)] the 'Preservation of the Trademark Reputation and Implementation of the Fair Trading Law' [2.2.3 (v)] as well as the 'Strict Compliance with the applicable VAT, Tax, Customs, Export Control, Foreign Trade and Payment Acts and Banking Law' [2.2.3 (vii)] / [2.2.4 (i) to (vii)], the execution of the 'ISAP Equipment Return, Compliance Check & Recycling Service' is the universal measure for the provable exclusion of illicit transfers or reselling of Service Provider's equipment, hardware components or software modules in matters of the highly dynamic money laundering predicate offense intensification with suspicion of terrorism financing or proliferation support, including the exculpation of all Stakeholders by the ten years stored 'Receipt, Completeness and State Reports' of the returned equipment, held for official investigations.
(vii) The sustainable implementation of the statutory encouraged 'Circular Economy' by a highly efficient recycling is bound to the complete return of the ISAP Equipment including all delivered plant or/and device modules such as chambers, analyzers, process computers, signal converters, measure, actuator and controller elements, adapters, gas, signal and supply lines, sampling inlets and pipes, filter holders, magazines and punching presses, magazine cases, sensors and meteorological stations, stands, tables and mounting brackets, and sun protection covers. The disposal of notably heavy bulk modules shall be arrangeable on site by a local disposal company. The coordinations of the pickups shall be effected once the notifications of the final termination of usage have been receipt [2.3.4 (ii) (h)]. In addition to the prevention of all Stakeholders from unintended infringements in the high risk fields of law, the complete return is the essential Circular Economy measure to enable all Stakeholders a relevant profitability.
2.3.6 The application of the aforementioned easy executable and multiple risk-minimizing measures result in a high level of legal clarity and certainty. In combination with the advanced equipment it shall enable a sustainable success of all Stakeholders within the future-proof field of climate and environmental protection. Consequently, the exercise of Service Provider's basic due diligence shall ensure an adequate economic result that builds the obligatory foundation for any further equipment development and for the in the following mentioned enterprise transformation and its goals [2.4.1], servicing the common wealth, globally as well as at all branch locations. Following the 'ISAP Legal Team Play Policy' [2.3.1 (iii)], Service Provider and all Stakeholders shall cooperate to avoid or clarify operational disorders [2.4.2 (ii) / 3.7 / 4.9], missing remuneration of billable (partial) supplies or (partial) services [2.3.4 (i) (c) / 2.3.5 (i) (a)] or missing pre-deliveries intended for the production units [2.4.2 (i)]. Moreover, the Service Provider's duty is to detect provable lost profits and to take steps for compensations, if any [2.3.5 (i) (b) / 2.4.2 (ii)].
2.4 Enterprise Transformation
2.4.1 The current Enterprise Transformation follows the strategic milestone to produce the innovative reference aerosol sampling systems in higher numbers with consistency of high quality at new international locations and to sell it with short delivery periods ex stock to enable the Customers a prompt and sustainable success with their important scientific, commercial or official work in clean air matters. The maintenance- and eco-friendly, highly recyclable modular design and the opportunities of usage period extensions opens the Customers easy ways to comply with the obligatory implementation of the 'Circular Economy Principle' as an essential attribute of the transformation and the implementation of the founding motive, to support effective and sustainable measures and projects against the waste of resources – especially of the most important 'Clean Air' – and the corresponding climate change and health risk. Promising as per the economic opportunities reasonably prefigured by the global future prospects and market forecasts, and realizable regarding the official demands on due diligence in concert with the enterprise founding mission [2.3.3 (ii) / 2.4.1 (i)], the presented products innovation-savviness and the long-term developed professional competences, the finalized day-to-day business-friendly and globally-orientated quality assurance and compliance measures, and the high efficiency of the local produktions units. In detail:
(i) the emerging markets 'Automation Engineering', 'Information Technology' and 'Environmental Engineering' in concert with over 30 years of experiences in just these business disciplines with the services of an engineer 'Consulting', 'Planning', 'Development' and 'Project Management' with the expert topics 'Electrical Engineering and Electronics', 'Electronic Data Processing / Information Technology', 'Measurement and Control Technology', and 'Automation Engineering' with 'Process Analysis, Simulation, and Optimization', and application-oriented 'Distributed Control Systems' [5.4 (iii) and (iv)] in concert with the self-committing 'Clean Air Mission', implemented by leading 'Aerosol Sampling Systems' [5.4 (ii)] with several key design and functional features and diverse unique characteristics, and with an average rate of one per year world first developments ready to go into production, and by the 'Single or Multiple Chamber Environmental Simulation Plants';
(ii) the exponential but already unachievable rising consumption of resources and the current ninety percent global circularity gap due to the delayed implementation of the international agreements, laws, and public demands for an effective and sustainable 'Climate and Environmental Protection' in concert with the enterprise founding tenets from 1989 'Sustainable technical solutions for human and nature by current state-of-the-art technology, overhead cost-cutting, maintenance- and eco-friendly, highly recyclable modular design', and their implementation as per the fine-tuned 'Environmental Protection, Resource Saving, Equipment Support, Maintenance & Overhaul, Usage Period Extension & Recycling Plans' with the freight, energy and pollution-saving on site-exchanges of equipment modules as per the 'ISAP 4 Screws – 5 Minutes and Online Update Principles', and the 'ISAP Equipment Return, Compliance Check & Recycling Service' for the consequent and provable assertion of the 'Circular Economy' as the master key for climate change mitigation and hence the core foundation of all climate and environmental protection-associated business processes [2.3.3 (iii)];
(iii) the increased official demands on strict due diligence in times of conspicuously higher numbers of new, amended and repealed, more complex and interacting legal and technical norms in concert with the finalized risk-based enterprise total compliance implementation as per the central 'ISAP Risk, Compliance, Performance & Assets Management System (ISAP RCP&AM System)' with its 'ISAP Legal Watch & Alert System (ISAP LW&A System)' for the early detection of business process affecting new, amended or repealed norms and the associated prevailing case-law, as well as its 'ISAP Business Process Automation and Control System (ISAP BPAC System)' responsible for the updates and implementation of the local technical workflows and administrative daily routines, and the project post calculations for the internal efficiency and case reports, and the external Case Reports and Case Ratings [2.3.1 (iii)].
(iv) The 'ISAP LW&A' and 'ISAP BPAC Systems' are responsible for promptly updated compliance measures with timely updates of this page content and of the binding Enterprise Standards [2.3.1 (i) / 2.3.2 (i)], legally based on the corresponding legal and technical norms, but enterprise-adjusted efficiency improving streamlining regarding the different processes and international locations of the cell production vendor parts partners' enterprises and the mobile 'ISAP LAST Units' [2.4.2]. In all cases of:
(v) doubt, prompt official clarifications as per the 'ISAP Legal Team Play Policy' are pre-agreed with the supervising Authorities, responsible Chamber, and competent Federation [2.3.1 (iii)];
(vi) weak due diligence or/and missing good practice of established and prospective Stakeholders – often easily identifiable by low or missing technical or/and organizational measures for the adequate management of 'IT & Data Security' [2.3.3 (i) / 3] and 'Data Protection' [2.3.3 (ii) / 4], 'Quality Assurance / Adherence to Schedules' [2.3.3 (iii)] or/and 'Intellectual & Industrial Property Rights' [2.3.3 (iv)] – the obligatory registration for business relation [4.5.3] shall be denied or temporarily suspended or terminated on persistent non-compliance. This part of the combined 'ISAP Risk, Compliance, Performance & Assets Management Strategy' [2.3 / 2.4.3] applies globally.
(vii) Corresponding with the foregoing and to the following, the current functional further development of the Website Portal 'ISAP Online Support System' [2.3.3 (iii) / 3.2.1 to 3.2.1 (ii)] as the important communication interface of the 'ISAP Support & Quality Assurance System', and the current progressive further development of the 'ISAP BPAC System' as well as the fine-tunings of the 'ISAP LAST Units Efficiency and Quality Assurance Management System' [2.4.2] and of the 'ISAP RCP&AM System' from 'Excellent' to 'Total' are topics – the BPAC and RCP&AM Systems in case-depending adjustment with the supervising Authorities, responsible Chamber, and competent Federation [1.2 / 1.3 / 2.3.1 (iii)].
2.4.2 One of the core foundations of the Enterprise Transformation is the main focus shift within the enterprise division 'Aerosol Sampling Systems' with the change from the former temporary small series manufacturing to large standard series cell production sessions with optimized workflows for the assembling and final testing processes in the 'ISAP Local Assembling Stock-keeping & Testing Units (ISAP LAST Units)' for a sustainable high trademark reputation by the long-term preservation of the enterprise product guarantee 'state-of-the-art equipment with constant total quality, short delivery periods and best value for money'.
(i) For the successful implementation, the proper compliance and performance of the supply and distribution chains with prompt corrective fine-tunings by means of the 'ISAP Stakeholder Compliance & Performance Check Reports (ISAP SC&PC Reports)' of the established cell production vendor parts partners' enterprises is an essential part. Likewise, the availability, compliance and performance of the further Stakeholders on-site such as skilled staff, crafters, and office equipment suppliers and the local or (inter)national service entities [2.2.1] like the local airports, seaports, embassies, food and energy suppliers, internet, phone, and mobile phone service providers, mail and parcel delivery and courier services, health insurances, medical offices, pharmacies, emergency medical services, ambulance services, rescue flight services, hospitals, responsible police and firefighter stations, advocate's, lawyer's and notary's offices, tax consultancies, insurances, appraiser and claims adjuster offices, economy information services, financial service providers, banks, arbitral bodies, brokers, intermediaries, motor vehicle and boat services, property managers, landlords, and affecting neighborhoods is the essential main issue for optimization of the framework and to ensure the pre-calculated efficiencies by controlled workload distributions for and performances of the ISAP LAST Units [2.4.2]. Thus, necessary clarifications with prompt and competent information exchange shall lead to first utilizable results within a binding two weeks timespan [2.3.1 (i) / 3.2.1]. Longer periods of obstructions shall lead to investigations as per the following measures [2.4.2 (ii)] of the combined 'ISAP Risk, Compliance, Performance & Assets Management Strategy' [2.3 / 2.4.3].
(ii) The implementation is also assisted by the measures of the 'ISAP Business Continuity Management', 'Sabotage Detection & Defense' and 'Indemnity Management Systems' as per the Economic Protection Grundschutz of the Federation concerned [1.3.6] as well as by the 'ISAP eEvidence & Incident Processing' and 'Regime Change Behavior Regulations' that expressly provides a coordination with/an action by the supervising Authorities, responsible Chamber, and competent Federation [1.2 / 1.3], or/and by specialist lawyers, if necessary based on case reports with relevant data backups of the 'ISAP IT & Data Security Management System' [3.1 (i)] with copies of internet access and communication, sources of pertinent information and applicable legal provisions. Any reason for an impracticability, ineffectualness or an inefficiency of this part of the combined 'ISAP Risk, Compliance, Performance & Assets Management Strategy' [2.3 / 2.4.3] may lead to a temporary suspension or to a final termination of operations at this location.
2.4.3 Because the enterprise itself is a spin-off from a university, the transformation also counts on highly qualified and responsible 'Talents' who would like to perform their skills within the future business areas and expert topics, and for the 'Clean Air Mission' [2.4.1 (i)] as (a) creative-driven independent contractors from any location acting 'Freelancers' [(i)] within the international 'ISAP Developer and Legal Teams', or (b) within one of the local 'ISAP Startup Units', widely acting self-responsible and autarchic on-site as 'ISAP Service, LAST Unit Operator, and Distribution & Support Teams', at constitution supported by basic know-how and fine-tuned workflows, and applicable inter(national) and local law-based Teams Standards, and during operation assisted by consulting and consecutive measures timely recommended by the ISAP RCM and BPAC Systems [2.4.1 (iii)] supplied by a new central 'ISAP Risk, Compliance, Performance & Assets Management Unit' to effect always updated teams compliance [2.3 / 2.4.1 (ii) and (iii)], and to reduce the effort on routine tasks:
(i) Beside the future-proof business areas, products and expert topics, and as already scheduled in the Code of Conduct and Code of Ethics [2.3.2 (i)], the Enterprise Transformation is also based on the consequent reduction of human highly-concentrated routine tasks in front and back offices and in the LAST Units down to six hours per day. The free timing and prompt on concentrated self-motivated creative tasks on developments shall be maintained, but underlies the Adherence to Schedules Check Module of the ISAP BPAC System to meet the deadlines. In addition to the preset or freely chosen work-lifetime balance, the 'ISAP Team Development & Care Plan' contains survival-related, physical and mental fitness supporting team sports offers like ocean sailing and cross country tours and covers a good healthcare service, and good wealth-creating measures by selected group insurances and deposit, performance, persistence and team membership standing-related added value sharing, also supported by the 'ISAP Anti-Drug Regulation'.
(ii) The international nature of the Enterprise Transformation is valid for the selections of new cell production partner enterprises, new ISAP Teams Members, and the locations of the ISAP Startup Units. For latter the actual main criteria are (a) a stable legal regime, a good healthcare and an effective pandemic management system, (b) moderate climate and environmental conditions, (c) low corruption, money laundering and other crime rates, (d) high demand on environmental protection, (e) good political and regulatory frameworks for an innovative Automation and Environmental Engineering and Information Technology Startup by widely unrestricted import/export opportunities/a local free-trade area/a freeport, moderate taxes, skilled staff, and an appropriate legal basis to implement the applicable compliance measures [2.3.3], as well as (f) effective supporting Municipal Administrations, Authorities, Chambers and Federations [2.3.1 (i) to (iii)], and Service Entities [2.2.1 / 2.4.2 (i)], as basis for a successful interaction to the benefits of the Stakeholders, of the local communities and of the countries. Specified pre-information supplies about pre-selected locations with first business and Authorities contacts are pre-agreed with the responsible Chamber of Industry and Commerce [1.3.5] and the Federal State Business Development Corporation. The current values and tendencies of these business locations' contexts are currently in review and entered into the 'ISAP Country & Regions Risks & Opportunities Reports', pre-evaluated by the ISAP RCP&AM System [2.4.1 (iii)]. Where appropriate, the pre-evaluations shall be re-interpreted for informed decisions on new locations. In cases of necessary relocations [2.4.2 (i) and (ii)], the flexibility of the mobile LAST Units [2.4.2] enable a very prompt shipping.
(iii) The international direction shall apply also for (a) the continuation of the very important cooperations with leading scientists, beside the enterprise founding responsible for lots of ideas for new and most advanced plant and device developments meeting their needs, (b) the own scientific team and advisory board members, and for (c) the continuation of the furtherance of bachelor and master theses, inter alia, delivered the basics for the further development of the enterprise business process automation [2.4.1 (vii)].
3 IT & Data Security
3.1 Secured, dependable, prompt, and provable electronic communications and secured data processing are essential issues. Beside the obligatory due diligence to avoid the possible very high administrative fines or dissuasive penalties on privacy infringements as per the Articles 83 and 84 of the 'General Data Protection Regulation GDPR (EU)' [2.1.2], there shall be provable effective measures against losses of technology know-how, scientific results and business and trade secrets by unauthorized disclosure, particularly important for highly innovative enterprises and scientific institutes to enable an adequate return for the decades-long development and scientific research and to ensure the sustainable further development, funded by owned intellectual properties, and affecting the welfare of the communities. Furthermore, the savings in resources, travel costs, and risks comply with Service Provider's consistent commitment to climate and environmental protection and with his risk and compliance management.
(i) The implementation of the measures of Service Provider's IT & Data Security Management System subserve the scheduled lean and legal execution of his IT-based business processes, observing the three fundamental security principles 'confidentiality', 'integrity' and 'availability', completed by the obligatory 'provability'. For the secured electronic communication processes of this website [3.2.1] the premise of 'compliant with the current state of the art, but suitable for daily routine and without any installing effort on Stakeholders' side' applies.
(ii) The implementation is executed according to Service Provider's binding applicable Enterprise Standards, based on the corresponding official technical directives and recommendations as well as legal provisions [2.3.3 (i)]. These standards are subject to timely updates, depending on new or amended norms, Service Provider's 'Cybercrime Risk Report' [2.3.3 (i)], and on User reports [3.7].
(i) Service Provider monitors and reports the current threats by increasing sophisticated cybercrime and its impact by published damages and statistics to check the efficiency of his risk-based prevention measures as a matter of due diligence and best practice. At present, over 93 percent of all fraud and damages is based on email with the most risky features 'HTML', 'links' and 'attachments' that are banned by the 'IT-Grundschutz-Kompendium' [2.3.3 (i)] on that score. Beside the obligatory due diligence to avoid any privacy infringements [2.3.3 (ii) / 3.1], it has to be considered that free email services are banned for each pure B2B platform like this website due to non-compliance with the binding unfair competition case-law [2.3.3 (v)] with potential cease and desist letter opportunity.
(ii) Due to the missing new 'ePrivacy Regulation (COM (2017) 10 final) (EU)' [2.1.2 / 4.1.3], the exclusion of consent as of 'Article 6 paragraph 1 subparagraph 1 point (a) GDPR (EU)' [4.1.2], and the possible high damages that might be judged as results from grossly negligent infringement against due diligence with predicate offense of money laundering, the current legal conditions of the former email-based plain information and reminder are under investigation with Service Provider's supervising Authorities, regarding the fact that nowadays email can be unrecognizably manipulated or completely faked. Thus, all current Service Provider's email are fakes with possible malware elements that (a) should NOT be opened but (b) documented by screenshot, if possible, and (c) deleted completely to prevent from damages. The Service Provider is grateful for information as fake email are relevant for IT & Data Security as well as for the trademark and enterprise reputation [2.3.3 (i) and (v) / 2.4.2 (ii)].
(iii) This investigation also observes potential legal consequences in privacy [2.3.3 (ii) / 4], trade secrets [2.3.3 (iv) / 3.3], and foreign trade and payment [2.3.3 (vii)] matters due to the unforeseeable cross-border travel of email, independent of information exchange with national, european or third-country business partners. Moreover, the European Court of Justice [2.1.2] declared an EU-U.S. privacy level framework for invalid the second time and pointed to the duty to verify the binding requirements for the legal use of the 'Standard Contractual Clauses (SCC)' on a case-by-case basis. Consequently, the following secured communication capabilities shall be binding until otherwise stated here, subject to secured API, EDI, or other secure technologies with provable service.
3.2.1 The current active measures are Transport Layer Security-protected connections, secure eContact forms and the particularly secured, BSI Grundschutz-Kompendium-, EU GDPR-, and EU/DE Trade Secrets Directive/Law-compliant Online Supprt Portal for fast, secure, confidential, provable and high-performance realtime-exchange of business-related or legally relevant instant messages and documents with single-/multi-user conference chat and one-click multi-user document distribution:
(i) With the provable service by the realtime receipt confirmations with date and time stamps, also the basic principles 'authenticity', 'transparency', 'imputability' and 'revision capability' for legally required privacy and accounting documentations are given by design and by default as per 'Article 25 paragraphs 1 and 2 GDPR (EU)', and 'Guidelines on the right to data portability' of the Article 29 Data Protection Working Party's WP 242 Rev.01 Annex to WP 242 Rev. 01 of 13 December 2016 / 5 April 2017 last Revised and adopted / 25 May 2018 Approval by Consistency mechanism decision of the European Data Protection Board [2.1.2].
(ii) For indication, Service Provider's electronically transferred access-protected documents [3.3 / 4] shall be signed with e.g. 'ISAP Online Support Portal Download (QES equivalent)' for reference as legally considered equivalent to a qualified electronic signature with real-time date and time stamp of the transfer protocols, also valid for the embedded instant message, conference, team meeting and home office system for realtime chats, complex case clarifications with international Stakeholders and supervising Authorities, responsible Chamber, and competent Federation [2.3.1 (iii)], and for complete digital VAT and foreign trade investigations by tax and customs offices [1.2 / 1.3 / 3.3].
3.2.2 Collectively, the aforementioned technical and organizational measures against malware, unauthorized third party access and manipulation, the offered secure communication capabilities mentioned under '4 Privacy Statement' prevent Stakeholders and Service Provider from unintended infringements against the applicable (inter)national Copyright, Data Protection, Business and Trade Secrets Protection and IT Security agreements, directives, regulations, laws and legally binding judgments [3.3 / 4 / 5.1] and result into compliance with the legal provision package of the EU directive and regulations '2002/58/EC'/'(COM (2017) 10 final) (EU)', '2009/136/EC', '(EU) 910/2014', '(EU) 2016/679', '(EU) 2016/680', '(EU) 2016/943', '(EU) 2016/1148' [2.1.2] for the implementation of the strategy for the European single market ESM with the target to increase the trust in the digital supplies and security by design and by default.
3.3 As a matter of principle, the Service Provider treats all administrative and technical information from his Business Partners and supervising Authorities as confidential [3.1], and expects the same treatment with his own business and trade secrets based on adequate security and safety measures. The treatment on confidential data shall be executed in accordance with the judicature of the legal provisions of the 'GeschGehG (DE)', '§§ 203 and 204 StGB (DE)', '§ 88 TKG (DE)', '§§ 4 and 5 UWG (DE)', and the Directive '(EU) 2016/943' [2.1.1 / 2.1.2].
3.4 For the preparation of a business relation the Service Provider installs the Users a secured Registration Online Support Area for a first confidential information exchange with the obligatory provable service, whereby file formats listed in the 'IT-Grundschutz-Kompendium' [2.3.3 (i)] as dangerous shall be avoided:
(i) On agreement of a business relation, this Area will be replaced by a regular Online Support Area for registered business partners with the activation of all necessary general conditions, administrative and technical information, Operations Manuals as well as the software for download in compliance with the foreign trade legislation [2.1.1].
(ii) The secured Online Support System, developed and installed by Service Provider in 2006 some month after the BSI [1.2.1] introduced its first IT Grundschutz Catalogue with very detailed information saying that decision makers need to assess the topic of information security and to set objectives, represent the current state-of-the-art, fulfill the fundamental security principles [3.1] and put the basic principles [3.2] into practice through 'security, privacy and governance by design and by default', and is continuously in further development.
3.5 The so-called 'log files' – automatically created by Service Provider's website hosting partner – are reviewed by Service Provider regularly for the detection of unauthorized access and abnormal events, for prompt cause analysis, and immediate improvement of his own and his hosting partner's security measures to avoid abuse, malicious code distribution and attacks to electronic communications networks and IT systems as the core issue of all compliance processes on digital matters [2.3.3 (i)].
3.6 The Users shall be solely responsible for their own security and safety measures regarding their IT equipment, browser type and version, TLS certificate management and privacy preselections as well as their internet service provider of choice and shall release the Service Provider from any possible risk during the usage of this website, from any liability, and from any claims for damages or losses in any case, at any time, and under any circumstances.
3.7 Todays state-of-the-art security may be insufficient tomorrow. Thus, Service Provider's standing risk analysis with the regular observation of new threats and searches for new technical defense opportunities shall enable timely security updates, but the Service Provider cannot guarantee for a cast-iron prevention of malware attacks and is grateful for User reports in cases of suspicious events, troubles and abnormalities with this website or the Online Support Areas to enable a prompt action and effective solutions [3.5].
4 Privacy Statement
4.1 The Service Provider [1.1] respects and supports privacy as an important fundamental human right [2.1.2 / 2.1.3], that covers family, home, and correspondence, and business and trade secrets [2.3.3 (iv)] of the professionals [2.2.1] by default. Consequently, Service Provider cares for legal data protection as an essential issue of the entire compliance coverage of his enterprise.
(i) The Service Provider as the 'controller' is responsible for the planning, internal execution, controlling, and the communication partner for the external demonstration of compliance with the lawful processing of personal data [2.3.3 (ii)]. In the context of the activities of Service Provider's Head Office and his processors in the European Union, all personal data processed via this website 'isap.com' is for business and legal purposes [4.1.2 to [4.1.2 (ii)] and obtained from professional Users and Stakeholders [2.2.1 to 2.2.4] with adequate due diligence [4.5] and seat outside of the EU/EEA exclusively.
(ii) Obtaining data from consumers or not legally competent minors or children is excluded by organizational measures [2.2.1 / 4.5.1].
(iii) Several of the norms listed in this statement might be applicable only, if Service Provider's Business Partners [2.2.1] offer services to the Federal Republic of Germany (DE) / the European Union (EU) or involve business, cargo or other Agents located in DE/EU/EEA who are also legally committed to the privacy provisions due to the place of performance principle of the 'General Data Protection Regulation GDPR (EU)' of the European Union [2.1.2], and should have an adequate knowledge about the regulations and the specific definitions used in this statement.
4.1.1 The data protection measures – developed and continuously verified by Service Provider's Data Protection Management System – are based on his IT & data security measures , and on the compliance with the fundamental principle of 'data minimization' by 'data avoidance' and 'data thriftiness' [4.5.1].
(i) Any 'processing' of personal data is executed according to the applicable considerations rationale and provisions of the 'GDPR (EU)' [2.1.2], as per the further applicable (inter)national legal provisions [2.3.3 (ii)], and the basic principles 'lawfulness', 'fairness' and 'transparency'.
(ii) The Service Provider observes the instructions and requirements of his national supervising Authorities 'Independent Federal State Center for Data Protection of Schleswig-Holstein (ULD) / The Federal State Commissioner' [1.2.2], 'The Federal Commissioner for Data Protection and Freedom of Information (BfDI)' [1.2.3], the 'Consistency mechanism decisions of the European Data Protection Board (EU)' and the prevailing high court rulings [2.1.1 / 2.1.2 / 4.9].
(iii) For all business processes Service Provider's applicable IT & data security and data protection-related Enterprise Standards [2.3.3 (ii)] apply.
(iv) Non-EU/EEA-based Customers may be subject to different data protection regulations in case of non-applicability of the aforementioned place of performance principle. Nevertheless, Service Provider processes their personal data as per the high level according to 'GDPR (EU)' [2.1.2] to ensure all of his Business Partners the same appropriate standard as a fundamental human right [4.1]. The Customers shall be free to point to their country, state and enterprise-based privacy provisions for clarification and informed agreement according to Service Provider's 'Legal Team Play Policy' in advance.
4.1.2 The Service Provider processes personal data of his registered 'prospective' or 'established' Business Partners, their Communication Partners, and, if appropriate, their Agents and Equipment Operators [2.2.2 / 4.5.4] exclusively. The lawfulness of processing is given by ban with permit reservation due to purpose limitation according to 'Article 6 paragraph 1 subparagraph 1 and its points (b), (c) and (f) GDPR (EU)':
(i) The lawfulness of processing according to 'point (b)' is given by all (pre-)contractual matters that result in the lawful processing according to 'point (c)' by Service Provider's compliance with the legal obligations, the Service Provider is subject to. Latter is based on the reporting requirements of Service Provider's supervising Authorities, responsible Chamber, and competent Federation [1.2.2 / 1.2.3 / 1.3 / 4.5.2] authorized to issue directives in privacy, foreign trade, tax investigation, documentation and storage matters according to the applicable legal provisions [2.3.2 (ii) / 2.3.2 (vii)], whereby the legal retention period for tax law-relevant documents and the appropriate correspondence data dominates with 10 years, beginning from the end of the current year as per 'UStG (DE)' [2.1.1].
(ii) In cases of a lawful processing due to purpose limitation according to 'point (f)' in all matters of the establishment, exercise or defense of legal claims or for the purposes of other legitimate interests currently or in future pursued by the Service Provider or by a third party, not overridden by the interests or fundamental rights and freedoms of the data subject, the data subjects are [2.3.3 (ii) / 3.5 / 4] or will be informed about the specific purpose(s) of the processing by provable notifier via their Online Support Areas [4.5.3] in advance.
4.1.3 The corresponding 'ePrivacy Regulation' of the European Union [2.1.2] with important implementation provisions of the 'GDPR (EU)' [2.1.2] is still missing. To attain legal certainty in cases of doubt, individual privacy matters shall be clarified between Service Provider and Stakeholders according to the provisions of (a) the '2002/58/EC ePrivacy Directive' or (b) of the proposal of the new 'ePrivacy Regulation (COM (2017) 10 final) (EU)' or (c) to the prevailing case-law [2.1.2 / 2.3.1 / 4.9], depending on which comes as close as possible to the sense of the privacy provisions and the economic meaning of business development facilitated by secured cross-border electronic communication [3.2.1] to support the strategy for the 'European single market ESM' [3.2.2] as well as Service Provider's strategy for the global market [2.4].
4.1.4 Before any additional enterprise coworkers will be engaged in personal data processing, those are instructed and contractually sworn in non-disclosure. Service Provider selects his sub-contractors for web hosting with the strong criteria of his IT & data security and data protection concepts [3 / 4.1.1], both as the basis for assignments and terminations as well as for creation, verification and compliance control of the contracts for commissioned processing by instructed processors and of the records of the regular processing activities.
4.2 All content and functions of this website are also accessible with the browser privacy preselection 'Private/Incognito Window'.
(i) The User's IP addresses have to be forwarded to the trustful TLS certification authority to comply with the legal requirement of secured connections exclusively. By the direct entries of 'isap.eu' into the address-line of their browsers the Users can exclude data protection and ePrivacy compromising 'Referrers' [3.5].
(ii) Upon the Online Support System Login the obligatory HTTPS session cookie will be transferred to the User's IT system to ensure the legitimated and confidential communication in compliance with the purpose limitation according to 'Article 6 paragraph 1 subparagraph 1 point (f) GDPR (EU)' [2.1.2 / 4.1.2]. This session cookie will be deleted in the moment of the User's logout or the User's browser process is terminated, unless a session restore function is enabled on User's sole responsibility.
4.3 On duly and legal anonymous usage of this website, the log file data [3.5] shall never be merged with personal data or disclosed to third parties, and shall be deleted completely after due diligence matters verification of proper net, IT and data security and fraud check without abnormalities.
(i) Thus, these log files record the access to each individual element of the website line-by-line with accessing IP address, date and time, kind and (un)successful access to the website elements with file name and size, user's browser version and operating system, and the previously visited website (referrer) [4.2], if any.
(ii) In cases of reasonable suspicion of accidental events or unlawful or malicious actions, Service Provider may forward the data to third party IT security experts and to supervising Authorities depending on extent and relevance of the events, and, if appropriate, for the establishment, exercise, or defense of own or third party legal claims.
(iii) The lawful processing is given due to purpose limitation according to 'Consideration rationale 49 and Article 6 paragraph 1 subparagraph 1 point (f) GDPR (EU)' [2.1.2 / 4.1.2].
4.4 With the registration by the eContact form [2.2.4 / 3.2.1 / 4.5], personal data of 'standard data protection category' is obtained from the data subject 'directly' and will be processed for legal matters or for the purpose of initiation, resumption, continuation or termination of a contractual business relationship between the professional Users or their organizations and the Service Provider in matters concerning his current range of products, supplies and services published on this website [2.2.1] exclusively.
4.5 The eContact form page contains an opt-in declaration that the Users are professionals with adequate due diligence, and that they checked the binding Terms of Services , and compliance measures stated under 3 IT & Data Security and in this Privacy Statement. This way, the Stakeholders may also transmit updates of their changed data [4.7] or opt-out of the previously legal processing of their personal data and technical information at any time, executed as far as contractually and legally possible and confirmed latest within seven (7) days after request receipt [4.6].
4.5.1 All receipt information are inspected on 'legality', 'authenticity', 'integrity' and 'completeness' [2.2.1 / 3.1 / 3.2], and either completely deleted at once or used for the compliance check per EU, U.S. and further Embargo and Sanctions, Corruptions, Money Laundering, Terrorist Financing, Proliferation Support and Property Rights Infringements Lists [2.1.2 / 2.1.3] and further checks [2.4.1 (vi) / 4.8], and, if passed, released for registration as an obligation for any further processing.
(i) This is executed according to the three sequential processes (a) 'minimization' to essentially necessary personal data for (pre-)contractual correspondence and exchange of business letters in compliance with the legal principles regarding 'UStG (DE)' [2.1.1] and Service Provider's Procedural Documentation 'GoBD (DE)' [2.1.1], (b) 'pseudonymization' of the remaining personal data, and (c) 'encryption' and 'accountable event-related storage' on mobile master and backup data carriers with processing restriction by default in compliance with the 'consideration rationale 67 and Articles 18 and 32 GDPR (EU)' [2.1.2].
(ii) Due to the fire-proof repository and strict access restrictions [4.1.4], this storage process complies with the fundamental protection principles 'confidentiality', 'integrity', 'availability' and 'resilience', and also forms the technical and organizational basis for Service Provider's data subject rights management [4.6], and his data erasure concept. Latter is based on indexing of the accountable event-related stored data according to the envisaged time limits for erasure by default concerning the legal retention periods [4.1.2] to ensure the execution of a timely and complete data erasure and destruction [4.5.3] according to 'Article 17 GDPR (EU)' [2.1.2].
4.5.2 Any further processing of this data will be executed on separated Offline Productive IT Systems, and, if necessary, transferred by means of application-oriented Communication IT Systems to the registration, filing, and revision portals of the supervising IT security, data protection, export control, tax, central tax, and customs Authorities as well as of the responsible Chamber and competent Federation [1.2 / 1.3].
(i) The same procedure is applied if this data is temporarily transferred or released to the particularly secured Online Support Areas of registered Business or Correspondence Partners, Agents or Equipment Operators for timely information in cases of need for clarification of business or legal processes [2.3.1 (i)]. Any further disclosure of data to third parties, inadmissibly long processing or storage intervals, tracking, profiling, automated individual decision-making, or disclosure of personal data to third countries or international organizations that does not ensure an adequate level of data protection according to 'Article 45 GDPR (EU)' [2.1.2], as well as permanent storage on Productive and Communication IT Systems or in the 'cloud' is excluded at present.
(ii) This 'IT Infrastructure Strategy' was developed by Service Provider in 2006 [2.3.3 (i) / 3.4 (ii)], and continuously further refined up to now, sometimes due to important User hints [4.9].
4.5.3 All data processing is bound to a successful User registration [2.2.4 / 4.4] that leads to the arrangement of secured website-based 'Registration Online Support Areas' [3.2.1] as the communication interfaces of Service Provider's Support & Quality Assurance System with IT security and privacy compliance by design and by default, and useable according to the following administrative measures regarding the lawful processing and its binding termination:
(i) All processed data of those Users who did not login into their Registration Online Support Area or did not pass the statutory authentication and authorization procedure within the required period of two weeks [2.3.1 (i)] after submitting an eContact form will be erased completely. The erasing will be executed also if the first pre-contractual negotiation did not hold out the prospect of an executed contract.
(ii) All data of 'prospective' Business Partners or/and their Communication Partners [2.2.2 / 4.1.2] who have been provided with 'regular' Online Support Areas for the purpose of pre-contractual negotiations with access opportunities to Service Provider's technical and administrative information about his products and services and to the applicable Enterprise Standards, will be erased completely within two weeks [2.3.1 (i)] after the last correspondence, and in case the pre-contractual negotiations did not lead to the conclusion of a contract or did not hold out the prospect of an executed contract.
(iii) All data of 'established' Business Partners, their Communication Partners, their Agents, and their Equipment Operators [2.2.2 / 4.1.2 / 4.5.4], if any, who have been provided with regular Online Support Areas for the purpose of contractual negotiations with access opportunities to Service Provider's applicable provisions, will be erased and destructed completely within two weeks [2.3.1 (i)] after the termination of Service Provider's compliance with the legal retention period for tax law-relevant documents and the appropriate correspondence data [4.1.2], and if (a) there are no remaining usage rights by an extension of the regular usage period of the equipment delivered by Service Provider, or/and if (b) there remain no legal claims according to 'Article 6 paragraph 1 subparagraph 1 point (f) DS-GVO (EU)' [2.1.2 / 2.3.4 (iv) to (vii) / 4.1.2].
4.5.4 To comply with the purpose limitation [4.1.2], the processing of personal data of Equipment Operators may be dependent on the provisions of 4.5.3 (iii) or on running Online Support Contracts. This shall be applicable especially if an Equipment Operator's official membership relation to Service Provider's established Business Partner's organization was not clearly indicated in the contract at the time of acquisition with the binding agreements about the utilization rights, the careful use and treatment, and the competent and eco-friendly recycling with remains disposal of this equipment [2.3.4]. The complete deletion of all Equipment Operators data shall be executed on expiration date of the contractual agreement and after the fulfilling of the aforementioned agreements [4.5.3 (iii)].
4.5.5 With the complete erasure of all data according to 4.5.3 and 4.5.4, the deletion of the Registration and regular Online Support Areas is executed that enables Users an autonomous verification of the erasure and the dispense with unreasoning advices [4.6].
4.5.6 Each User may apply for new registration at any time.
4.6 According to the applicable provisions of 'Chapter III Article 12, 13 and 15 to 20 GDPR (EU)' [2.1.2], all Stakeholders the Service Provider currently processes or retains personal data from [4.5.1 to 4.5.6] can request for the purpose and lawfulness of the processing, and for the actual state of revision at any time by an upload of a secured but clear text readable copy of the complete inventory data with realtime date and time stamps via their Online Support Areas for inspection, correction, closure, or the partial or complete deletion or portability of this data, so far as is legally and technically practicable.
4.6.1 The upload of this access-protected copy with the declarations of the executions and all changes as well as the substantiations in cases of necessary and legal further processing shall be executed within up to thirty (30) days after provable advice receipt. Requests for correction of inventory data and for termination of the to date legal use of personal data shall be processed within 48 hours after provable requests receipt [4.5 / 4.7].
(i) In cases of higher complexity and numbers of requests, that period may be extended by sixty (60) days according to 'Article 12 paragraph 3 GDPR (EU)' [2.1.2]. In case of a request for a hard copy, the data subject shall bear a reasonable fee based on administrative costs and the costs for the court bailiff mandatory for a legally enforceable service procedure.
(ii) For any manifestly unfounded or excessive character of further repetitive requests for copies or portabilities, the Service Provider may charge a reasonable fee based on administrative costs or may refuse to act on these requests according to 'Article 12 paragraph 5 GDPR (EU)' [2.1.2].
4.6.2 Each User may contact a Data Protection Authority or The Federal Commissioner for Data Protection and Freedom of Information [1.2.3] for further information and to execute their right to lodge a complaint.
4.7 Registered Business Partners and their registered Correspondence Partners or Equipment Operators [2.2.1], if any, shall be obligated to inform the Service Provider without his request in case of changes of their own most recently transferred personal data in a timely, provable and data protection compliant manner by eContact form or their Online Support Areas [4.5]. In no case Service Provider shall be liable neither for the processing of inaccurate or incomplete personal data resulting from absent or late corrective information obligation nor for any ignorance of the applicable privacy provisions of the Users of this website.
4.8 The Service Provider is obligated to observe the compliance with the applicable data protection regulations of first contact and registered Users by his risk and compliance management [2.3.1], and may point to an apparent non-compliance with his offer for coordination for a timely installation of a lawful data protection management [4.9]. In these cases, the Service Provider may deny a registration or temporarily suspend the further processing of personal data from these Users or terminate it on persistent non-compliance.
4.9 Due to the still missing 'ePrivacy Regulation', the complex data protection regulations with several applicable laws, and the partial interpretation needs of clauses, future clarifications by case-law can be expected. Thus, this Privacy Statement may be changed short-dated on necessity without prior notice or subsequent information. The Service Provider is gladly available for his supervising Authorities, website Users and registered Business Partners for an information exchange to get legal certainty to the greatest possible extent according to his Legal Team Play Policy.
5 Intellectual Property Rights & Competition Law
5.1 All technical and technological information displayed on this website or transferred to Stakeholders via this website about hardware and software developed or used by the Service Provider for his plant, device and software engineering, techniques or/and technologies, all texts, images, audio, video and animation files – in the following referred to as content elements – as well as their arrangements and the entire website content as a collective work are subject to the intellectual property rights and competition laws in accordance with the applicable legal provisions [2.3.3 (iv)] for the protection of property, utilization, exploitation, presentation, reproduction, distribution and other applicable legal provisions. The content elements may not be copied, modified, lent, forwarded, sold, used, or published neither for commercial nor for private purposes of any kind without Service Provider's written utilization permit.
5.2 All photographic works on this website are Service Provider's copyright or with kind support and utilization permit from his business partners
(i) Alfred-Wegener-Institut, Center for Scientific and Environmental Studies and Community Service – Faculty of Science Port Said University, Glenn McKechnie, Helmholtz-Zentrum Geesthacht – Zentrum für Material- und Küstenforschung, Institut für Luft- und Kältetechnik Gemeinnützige Gesellschaft mbH, Wartig Nord GmbH.
(ii) All figures on this website are for initial, general, and noncommittal advanced information. The equipment designations or version numbers shown in the figures may differ from the currently available equipment. The equipment designations and version numbers in the up to date system descriptions, accessories and options lists, and order confirmations are binding.
5.3 If proprietary content elements, such as persons, buildings, areas, items, objects, vehicles, airplanes, vessels, technical or technological details are displayed in image or text form on this website without explicit approval of the rights owner, this unfortunately escaped Service Provider's notice despite his thorough examination. In case the rights owner assumes or is able to prove a violation of his personal or commercial utilization rights, a provable notification for the purpose of an extrajudicial arrangement such as by post-licensing, changing or complete deletion is requested.
5.4 'ISAP' is a registered word mark of the Service Provider for the indication of origin of his goods and services. This term is also part of:
(i) the trademark-protected official commercial designations of the enterprise, its business divisions, teams and units [2.4.3 (ii)], standards [2.3.1 (i)], internet domains and its central domain registration, utilization, web+photo design & portal development unit;
(ii) the trademark-protected names, designations and identifiers of electric and electronic apparatuses, instruments, plants and devices, accessories and options with main focus on 'Aerosol Sampling Systems' and 'Environmental Simulation Plants' – above and hereinafter collectively referred to as 'Equipment' – with main intention on 'Environmental Protection' as per the enterprise's self-committing mission 'Clean Air' – aforementioned goods not for vehicles and automotive technology and not in/at each of the indexed or referred countries/locations;
(iii) the trademark-protected names, designations and identifiers of operating/data entry and display/data output elements, algorithms, functions, variables and other elements of the enterprise developments of computer hardware, firmware and software modules and packages, as well as of the enterprise's services in terms of the performance of 'Installation, Maintenance Works and Support' in the subject area 'Automation Engineering' with the disciplines 'Electrical Engineering, Electronics, Information Technology, Measurement and Control Technology, Electronic Data Processing, Software and Process Control Engineering' – aforementioned goods and services not in/at each of the indexed or referred countries/locations;
(iv) the trademark-protected enterprise's services of an engineer 'Consulting, Planning, Development and Project Management' in the subject area 'Automation Engineering' with the disciplines 'Electrical Engineering, Electronics, Information Technology, Measurement and Control Technology, Electronic Data Processing, Software and Process Control Engineering' – aforementioned services not in/at each of the indexed or referred countries/locations;
(v) the trademark and copyright protected technical partial or complete information, documentations, operation instructions, functional descriptions of the equipment developed, or/and produced, or/and delivered by the enterprise, responsible teams or distribution partners.
(vi) All other trademarks, collective marks, service marks, design rights or similar rights mentioned or/and displayed on this website are the property of the respective rights owner and are legally recognized as such, regardless of an express declaration or marking in the texts or/and graphical representation.
(vii) The aforementioned interacting compliance topics, selected Enterprise Standards, and corresponding legal provisions, not intended to be exhaustive, apply [2.3.3 (iv) and (v) / 2.4.2].
All content is subject to short-term changes of the applicable norms without prior notice or subsequent information.
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