licenses/teamspeak5: add license for media-sound/teamspeak-client:5

Signed-off-by: Conrad Kostecki <conikost@gentoo.org>

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+Privacy Statement

+

+

+ 1. Scope of application

+

+1.1 Below you will find information about the collection, storage and

+processing of personal data when using the services of TeamSpeak Systems

+Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to

+as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün,

+are entered in the commercial register of the Munich Local Court under

+the registration number HRB 172523 (hereinafter referred to as TeamSpeak

+DE; hereinafter referred to both companies jointly as TeamSpeak) under

+the domains teamspeak.com, teamspeakusa.com and myteamspeak.com

+(hereinafter referred to collectively as "Teamspeak.com" and the latter

+as "Myteamspeak.com" and all three collectively referred to as

+"Website(s)"), which may also be accessed as a mobile version. This

+applies in particular - but not exclusively - to the download of the

+software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client"

+(hereinafter jointly referred to as "Software Solutions"), the

+downloading and use of the "TS3 Client" and "TS5 Client" (for PC or

+mobile devices), participation in the Forum and the uploading and

+downloading of TeamSpeak's own software programs that are compatible

+with TeamSpeak's software solutions and released by TeamSpeak

+(hereinafter referred to as "Add Ons").

+

+1.2 Personal data are all data which can be traced back to you

+personally, i.e. which could be associated with your person. These are

+in particular name, e-mail address, address, telephone number, user

+behaviour, IP address, etc.

+

+

+2. Service provider

+

+2.1 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA.

+Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1

+p. 1 DSGVO is TeamSpeak.

+

+2.2 The websites operated by TeamSpeak USA contain links which, when

+activated, will take you to the websites of third parties. TeamSpeak USA

+expressly points out that in this case you must inform yourself on the

+linked website about the collection, storage and processing of personal

+data by the third party provider, as TeamSpeak USA has no influence on this.

+

+

+3. Information

+

+3.1 You have the right to request detailed information from TeamSpeak

+USA at any time about the personal data stored and processed about you

+and its origin, the purpose of storage and processing and the recipients

+or categories of recipients to whom such data will be disclosed.

+

+3.2 Please send your request for information by e-mail to

+privacy@teamspeak.com or by e-mail, telephone, post or fax to the

+contact details provided in the imprint on the websites operated by

+TeamSpeak USA.

+

+

+4. Revocation

+

+4.1 You can revoke your consent to the storage, collection and

+processing of your personal data at any time.

+

+4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by

+e-mail, telephone, post or fax to the contact details provided on the

+websites operated by TeamSpeak USA.

+

+

+5. Use of cookies

+

+5.1 When using the websites operated by TeamSpeak USA, cookies are

+stored on your computer, even if they are used for purely informational

+purposes on the websites operated by TeamSpeak USA.

+

+5.2 Cookies are small text files that are stored on your hard drive,

+assigned to the browser you are using, and through which certain

+information is transmitted to the location that sets the cookie. Cookies

+cannot execute programs and, above all, cannot transmit viruses to your

+computer. Cookies are used in particular to make the websites operated

+by TeamSpeak USA more user-friendly.

+

+5.3 If you have a user account for the websites operated by TeamSpeak

+USA, cookies are used in particular to identify you for subsequent

+visits to the websites operated by TeamSpeak USA. This prevents you from

+having to log in again for each visit.

+

+5.4 The websites operated by TeamSpeak USA use the following types of

+cookies:

+

+ * Transient cookies, i.e. with temporary use

+ * Persistent cookies, i.e. with a limited period of use

+ * Third party cookies, i.e. cookies from third parties

+

+5.5 Transient cookies are deleted as soon as you close your browser.

+These include in particular the so-called session cookies. Session

+cookies store a session ID that allows your browser's requests to be

+associated with the session, so that your computer can be recognized by

+the system when you return to the website operated by TeamSpeak USA. As

+soon as you log out or close your browser, all session cookies are

+automatically deleted.

+

+5.6 Persistent cookies will only be deleted after a period of time that

+is dependent on the respective cookie and extends beyond the session,

+but no later than two months after the cookie has been set. You can

+delete these cookies at any time automatically in the security settings

+of your browser.

+

+5.7 In your browser settings you can adjust the use of cookies

+individually and also prevent them completely. In particular, you can

+also completely prevent the use of third party cookies. In this case,

+however, you may not be able to use all the features of the websites

+operated by TeamSpeak USA.

+

+5.8 The information stored via cookies is stored separately from and not

+linked to your other personal data.

+

+5.9 TeamSpeak USA would like to point out that third-party providers who

+collect data using cookies also use data about the use of websites

+operated by TeamSpeak USA for user-generated advertising on other

+websites. TeamSpeak USA has no influence on this data collection.

+

+

+6. Informational use of the websites operated by TeamSpeak USA

+

+6.1 For purely informational use of the websites operated by TeamSpeak

+USA, TeamSpeak USA collects only the data transmitted by your browser,

+which is this:

+

+ * Your IP address

+ * Date, time, and duration of your visit to the respective TeamSpeak

+ USA Web site

+ * Your user behavior, i.e., your visit to the respective website

+ operated by TeamSpeak USA, subpages of the websites operated by

+ TeamSpeak USA, and the order of your visits, clicks made, and time

+ spent on individual pages and subpages

+ * Time zone difference to Greenwich Mean Time

+ * The access status / http status code

+ * Concrete amounts of data transferred

+ * Operating system and its interface

+ * Browser as well as language and version of the browser software

+ * The website from which the request originates

+

+When using a mobile device, the following data is also stored:

+

+ * Type of mobile device and its settings

+ * Your location from which you access the TeamSpeak USA Web site.

+

+6.2 You are deemed to be using the TeamSpeak USA Websites for

+informational purposes only if you do not sign up for a customer

+account, forum account or developer account, download the software

+solutions or the TeamSpeak Software Client, upload or download add-ons,

+submit a request through the TeamSpeak USA Websites or otherwise submit

+personal information to TeamSpeak USA.

+

+

+7. Data collection when purchasing licenses for software solutions

+ via Teamspeak.com

+

+7.1 If you wish to purchase licenses for the software solutions or other

+services from TeamSpeak USA through the TeamSpeak USA Websites, you must

+create a customer account. An order without an existing or new customer

+account is not possible.

+

+7.2 When you register for a User Account, the data you enter during the

+registration process will be stored, subject to TeamSpeak USA deleting

+your User Account at any time upon your request.

+

+7.3 The data transmitted by you will be used in particular for the

+mutual fulfilment of the contract. For this purpose, your data may also

+be passed on to the partners required to fulfil the contract. This is in

+particular the payment service provider PayPal Inc, 2211 North First

+Street, 95131 San José, California, USA (hereinafter referred to as

+"PayPal"). You can find further information on the transfer of your

+personal data to third parties under section 15 of this data protection

+declaration.

+

+7.4 TeamSpeak USA also uses your personal data for marketing and

+advertising purposes for TeamSpeak services. Without your specific

+consent, however, TeamSpeak will only send you information about

+TeamSpeak's services that is similar to the services you have used.

+

+7.5 You have the right at any time to have your account deleted by

+TeamSpeak USA by sending a request to that effect to the e-mail address

+privacy@teamspeak.com or the data specified in the imprint of the

+TeamSpeak USA website. In the event that your user account is deleted at

+your request, your data will be deleted immediately as soon as it is no

+longer required to fulfill the contract and TeamSpeak USA is not legally

+obliged to store it.

+

+7.6 In order to prevent unauthorized access by third parties to your

+personal data, in particular financial data, the order process is

+encrypted using SSL technology.

+

+

+8. Data collection when downloading the TS3 client and the TS5 client

+

+8.1 In the case of downloading a version of the TS3 Client and TS5

+Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy

+Policy shall apply mutatis mutandis. TeamSpeak USA does not collect,

+store or process any additional personal data from you during download.

+

+8.2 If you download a version of the TS3 Client and TS5 Clients for

+mobile devices, you will be directed to the Apple AppStore (for the iOS

+version) or the Android Market (for the Android version) of a third

+party website.

+

+8.2.1 For the collection, storage and processing of personal data by

+TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy

+shall apply mutatis mutandis. During the download, TeamSpeak USA does

+not collect, store or use any additional personal information about you.

+

+8.2.2 The third party provider collects, stores and uses personal data

+from you. Please refer to the third-party provider's website for

+information about the collection, storage and use of personal data by

+the third party, as TeamSpeak USA has no control over such collection,

+storage and use.

+

+

+9. Data collection, storage and processing when using the TS3 client

+ and TS5 client (PC/Mac)

+

+9.1 TeamSpeak USA collects, stores and processes the following personal

+data from you when using the TS3 Client and TS5 Client for the PC/Mac:

+

+ * IP address

+ * Information on the operating system used (32 bit or 64 bit)

+ * User behaviour (in particular buttons and menu items pressed)

+ * Crash Report, if you send such a report to TeamSpeak USA (program

+ lines, disruptive incident, essential data of the hardware used)

+

+9.2 TeamSpeak USA uses this data solely for quality control purposes and

+for the further development of the software solutions as well as the TS3

+client and the TS5 client. The data referred to in Section 9.1 of this

+Privacy Policy will not be linked or otherwise associated with any other

+data stored about you. The data will be anonymised for further

+processing immediately after collection.

+

+9.3 If you do not consent to the collection, storage and processing of

+the data referred to in Section 9.1 of this Privacy Policy, you can

+exclude this in the field marked "Anonymous Statistics". To access this

+field, follow the menu items "Settings", "Options" and then "Applications".

+

+9.4 You may at any time object to the collection, storage and processing

+of the data referred to in Section 9.1 at any time. Please send your

+objection by e-mail to privacy@teamspeak.com or object by e-mail,

+telephone, post or fax using the information provided in the imprint of

+the web pages operated by TeamSpeak USA. All data that can be traced

+back to you personally will be deleted immediately in the event of an

+objection.

+

+9.5 The sending of a crash report in the event of a fault is voluntary

+and requires your separate consent to the collection, storage and

+processing of data, which is separately requested by you before the

+crash report is sent. In the event that a crash report is sent, sections

+9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis.

+

+

+10. Server rent

+

+10.1 TeamSpeak USA exclusively arranges the rental of server space from

+third-party providers.

+

+10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection

+declaration shall apply accordingly. TeamSpeak USA itself does not

+collect, store or process any additional personal data about you when

+arranging the server rental.

+

+10.3 TeamSpeak has no influence on the collection, storage and

+processing of personal data by the third party provider. Therefore,

+please inform yourself about the collection, storage and processing of

+personal data by the third party provider.

+

+

+11. Use of the forum

+

+11.1 The TeamSpeak Forum can be read without requiring registration. In

+this case, the use of the websites operated by TeamSpeak USA is for

+informational purposes only (see section 6 of this Privacy Policy).

+

+11.2 In order to actively participate in the forum, you must register

+and create a forum account. When you register, you must enter a user

+name, password, date of birth and e-mail address. There is no obligation

+to use a clear name, use under a pseudonymous user name is possible.

+

+11.3 TeamSpeak USA uses the so-called double opt-in procedure for

+registration, i.e. your registration is not completed until you have

+previously confirmed your registration by clicking on the link contained

+in an e-mail sent to you for this purpose. If your confirmation is not

+received in time, your registration will automatically be deleted from

+the database.

+

+11.4 The information you provide during registration will be stored by

+TeamSpeak USA and linked to the content you publish, which will also be

+stored by TeamSpeak USA. This data will only be used to operate the

+forum and to process the contract concluded with you regarding the use

+of the forum.

+

+11.5 TeamSpeak USA may at any time ask you to have your forum account

+deleted by TeamSpeak USA by sending an e-mail to privacy@teamspeak.com

+or by providing the information specified in Teamsspeak.com's imprint.

+In this case, the personal data stored on your forum account will be

+deleted immediately as soon as they are no longer required for

+processing the contractual relationship regarding the use of the forum

+and TeamSpeak USA is not legally obliged to store them. Posts published

+by you will be displayed anonymously after successful deletion of your

+forum account under the "Guest" flag.

+

+

+12. Uploading and downloading add-ons

+

+12.1 Uploading Add Ons requires registration for a customer account as a

+Developer (hereinafter referred to as "Developer Account").

+

+12.1.1 During the registration process, email address, name and

+telephone number shall be provided and transmitted to TeamSpeak USA.

+

+12.1.2 The data provided by you during the registration process will be

+stored subject to immediate deletion by TeamSpeak USA in response to

+your request for deletion at any time.

+

+12.1.3 The data provided during the registration process will be used

+for the performance of the contract by both parties and to enforce any

+claims against you (in particular if the add-ons uploaded by you violate

+applicable law or the General Terms and Conditions).

+

+12.1.4 TeamSpeak USA will also use the information provided during the

+registration process for marketing and promotional purposes regarding

+TeamSpeak's services. However, without your specific consent, TeamSpeak

+USA will only send you information about services that are similar to

+the services you are receiving for this purpose.

+

+12.1.5 You have the right at any time to have your Developer Account

+deleted by sending a request to that effect to the e-mail address

+privacy@teamspeak.com or the data specified in the imprint of the

+websites operated by TeamSpeak USA. In the event that your Developer

+Account is deleted upon your request, your data will be deleted

+immediately as soon as it is no longer required for mutual contract

+fulfillment and TeamSpeak USA is not legally obliged to store it.

+

+12.2 Registration is not required for the purpose of downloading Add

+Ons. Clauses 5 and 6 of this data protection declaration shall apply

+mutatis mutandis.

+

+

+13. Use of the online inquiry; order by e-mail, fax or telephone

+

+13.1 You also have the opportunity to contact TeamSpeak USA online

+through your customer account and by telephone and email.

+

+13.2 The data you send or provide will be used to respond to your

+inquiry and to contact you by telephone or e-mail and, where

+appropriate, for the performance of the contract by both parties. If

+your data is also used for the purpose of mutual contract fulfilment,

+clauses 5 and 6 of this data protection declaration apply accordingly.

+

+

+14. Social networks and third-party services

+

+14.1 TeamSpeak USA uses social media plug-ins from the social networks

+Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the

+websites operated by TeamSpeak USA.

+

+14.2 Without you clicking on the button of a plug-in, no personal data

+will be transmitted to the providers of these plug-ins, regardless of

+whether you place an order or not.

+

+14.3 If you press the button of a plug-in, personal data is

+automatically transmitted to the provider of the plug-in and can be

+stored and used by the latter. Please note that this can take place

+abroad, i.e. in particular in the United States of America.

+

+14.4 TeamSpeak has no complete knowledge of the type and scope of data

+collection and its use and processing and cannot influence these.

+

+14.5 If you activate a Plug-In, the Plug-In Provider will be notified

+that you have activated the Plug-In Provider on the relevant TeamSpeak

+USA web page or subpage of the relevant TeamSpeak USA web page. In

+addition, the information specified in section 6 of this Privacy Policy

+will be transmitted to the plug-in provider. According to the plug-in

+provider's own information, in the case of Facebook in Germany only an

+anonymous IP address is collected and transmitted.

+

+14.5.1 The data collection and transmission referred to in Section 14.5

+of this Privacy Policy shall take place regardless of whether you have a

+user account with the respective plug-in provider or not. If you have a

+user account with the respective plug-in provider and you are logged in

+to this user account at the time you click on the respective plug-in,

+the data transmitted to the respective plug-in provider will be assigned

+directly to your user account. If you confirm the activated plug-in and,

+for example, link the page, the plug-in provider also stores this

+information in your user account and can also publicly communicate this

+to your contacts. To prevent assignment to your user account with the

+respective plug-in provider, you should log out of your user account

+with the respective plug-in provider before clicking on the plug-in on

+the websites operated by TeamSpeak USA.

+

+14.5.2 The respective plug-in provider stores the data transmitted to

+it, regardless of whether you are also logged in to your user account

+with the respective plug-in provider, usually as user profiles which are

+used, for example, for the following purposes:

+

+ * Demand-oriented advertising

+ * market research

+ * Optimisation of the Plug-In provider's Internet pages according to

+ requirements

+ * Inform other members of the social network about your activities on

+ the websites operated by TeamSpeak USA.

+

+14.6 You are entitled to object to the creation of user profiles with

+the data collected about you. To do this, contact the respective plug-in

+provider. TeamSpeak has no control over, and is not responsible for,

+compliance with your objection.

+

+14.7 Further information on this and your rights in this regard can be

+found in the data protection declarations of the plug-in providers as

+the responsible bodies, which you can access as follows:

+

+14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304

+USA – https://www.facebook.com/policy.php

+<https://www.facebook.com/policy.php>

+

+14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View,

+California 94103 USA – https://www.google.com/policies/privacy/partners

+<https://www.google.com/policies/privacy/partners/>

+

+14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco,

+California 94103 USA – https://twitter.com/privacy

+<https://twitter.com/privacy>

+

+14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno,

+CA 94066 USA – https://policies.google.com/privacy

+<https://policies.google.com/privacy>

+

+14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2^nd Floor,

+San Francisco, CA 94104 USA –

+https://www.twitch.tv/p/legal/privacy-notice/

+<https://www.twitch.tv/p/legal/privacy-notice/>

+

+14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025

+USA – https://help.instagram.com/155833707900388

+<https://help.instagram.com/155833707900388>

+

+

+15. Data transfer to third parties

+

+15.1 TeamSpeak may disclose your personal data to third parties if

+contractually agreed services and terms are offered jointly with the

+third party provider or include the third party provider's services. In

+this case, TeamSpeak will inform you of the transfer of the data to the

+third party during the ordering process.

+

+15.2 TeamSpeak shall also process the data via external service providers.

+

+15.2.1 These external service providers shall be carefully selected by

+TeamSpeak and commissioned in writing. The external service providers

+involved in data processing are bound by TeamSpeak's instructions and

+are regularly checked for compliance with data protection and data security.

+

+15.2.2 The external service providers are not entitled to pass on the

+data to third parties.

+

+15.3 TeamSpeak will only process your personal data if permitted by law.

+In most cases we will process your personal data:

+

+ * With your consent, and please note that you have the right to

+ withdraw your consent at any time by contacting us.

+ * Where TeamSpeak has a contract to fulfill that we enter into or have

+ already entered into with you.

+ * Where it is necessary that the legitimate interests of TeamSpeak (or

+ those of a third party) and your interests and fundamental rights do

+ not override those interests.

+ * Where TeamSpeak must meet a legal or regulatory obligation.

+

+The table below shows how TeamSpeak processes your personal data. Please

+contact TeamSpeak USA for more information on the specific processing

+requirements.

+

+Below is a breakdown by activity of how TeamSpeak processes your data:

+

+*Ordering a product or service*

+

+To process or deliver a product or service that you have ordered from

+TeamSpeak USA, including:

+

+ * Online orders or orders on one of our websites

+ * When we refund a payment

+ * To manage payment and fees

+ * To collect money owed to us

+ * Any other contractual agreement that we agree to enter into with you.

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * Financial data

+ * transactional data

+

+*Basis for processing*

+

+ * performance of a contract with you

+ * Necessary for the legitimate interests of TeamSpeak USA to obtain

+ funds owed to TeamSpeak USA.

+

+*Register with TeamSpeak USA*

+

+To process your registration at TeamSpeak USA including:

+

+ * Receive news, offers, promotions and updates

+ * to receive a voucher

+ * fully use our apps including myTeamSpeak

+ * if you register otherwise than as one of our customers.

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * profile data

+

+*Basis for processing*

+

+ * Fulfilment of a contract with you

+

+*Direct marketing*

+

+To tailor direct marketing to you and to send you direct marketing

+communications including via :

+

+ * enamel

+ * TEXT MESSAGE

+ * push notifications

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * Technical data

+ * transactional data

+ * consumption data

+ * profile data

+ * Marketing and communication data

+

+*Basis for processing*

+

+ * With regard to tailoring direct marketing, necessary for the

+ legitimate interests of TeamSpeak USA, which are to develop its

+ business and inform its marketing strategy

+ * With respect to sending direct marketing where you are a customer

+ and you have not previously opted out of receiving such direct

+ marketing as necessary for the legitimate interests of TeamSpeak

+ USA, which is to provide you with relevant products and services in

+ relation to what we have previously provided to you.

+ * With respect to sending direct marketing where you are not a

+ TeamSpeak USA customer, your consent is given when you sign up for

+ our mobile app, provide your details on our website or otherwise,

+ and you give your consent.

+

+*Raffles, contests and/or surveys*

+

+Give you the opportunity to participate in sweepstakes, contests or surveys.

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * consumption data

+ * profile data

+ * Marketing and communication data

+

+*Basis for processing*

+

+ * Fulfilment of a contract with you

+ * Necessary for TeamSpeak's legitimate interests, which are to

+ investigate how customers use our products and services, to develop

+ them, and to expand our business.

+

+*General Information*

+

+TeamSpeak's customers to understand, aggregate general information from

+various sources to create a profile of you; this may include:

+

+ * Understand your habits, where you are from time to time, your

+ personal circumstances and those of your family or household, and

+ the things you may like, dislike and interest you.

+ * how you interact with us, such as subscribing to news, offers,

+ promotions and updates, completing surveys, participating in

+ contests, browsing mobile apps, websites, evaluating interaction -

+ such as through likes and comments - with our social media accounts

+ and our products and services in public forums.

+ * Create aggregated data

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * Technical data

+ * transactional data

+ * consumption data

+ * profile data

+ * Marketing and communication data

+

+*Basis for processing*

+

+ * Necessary for TeamSpeak's legitimate interests, which are to develop

+ our business, products, services, content and advertising campaigns

+ to make them relevant to you and to track the effectiveness of our

+ advertising campaigns

+

+*Notifications*

+

+TeamSpeak's relationship with you, which includes the following:

+

+ * Notify you of changes to our privacy policy

+ * Notify you of operational changes to TeamSpeak products, services,

+ websites and mobile apps, such as when TeamSpeak would withdraw one

+ of its apps.

+ * Get feedback from you from time to time about TeamSpeak brands,

+ websites, mobile apps and other services and activities.

+ * Respond to your questions, suggestions, problems or complaints,

+ respond to them and deal with them, and report and analyse them.

+ * Respond to any social media reviews, postings or other public

+ comments you make about TeamSpeak, its trademarks, websites, mobile

+ apps, services, or other activities

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * profile data

+ * Marketing and communication data

+ * Sensitive data (only as required for dealing with feedback and

+ complaints on specific topics)

+ * Data from children (only as necessary for dealing with feedback and

+ complaints on specific topics)

+

+*Basis for processing*

+

+ * Fulfilment of a contract with you

+ * Necessary to comply with a legal obligation

+ * Necessary for TeamSpeak's legitimate interests (to keep records up

+ to date and to investigate how customers use products/services)

+

+*Management and protection *

+

+Manage and protect TeamSpeak's business and website, and ensure the safe

+and secure use of products and services, including:

+

+ * the process of anonymizing your data so that you are no longer

+ identifiable to us and we no longer need your data in an

+ identifiable form

+ * Provide secure access to TeamSpeak USA operated websites, mobile

+ apps and WLAN networks.

+ * Optimizing the user's security measures and services, such as

+ recognition of your usernames and passwords, and resetting functions

+ * Monitor security measures around TeamSpeak USA's web sites, mobile

+ apps, and WLAN networks to ensure that they are not abused or

+ threatened.

+ * Protect you and our business from potential criminal behavior such

+ as fraud.

+ * problem management, data analysis, testing, system maintenance,

+ support, transmission and hosting of data

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * Technical data

+ * consumption data

+ * profile data

+ * Marketing and communication data

+

+*Basis for processing*

+

+ * Fulfilment of a contract with you

+ * Necessary for TeamSpeak's legitimate interests, which are to run its

+ business, ensure network security and prevent potential criminal

+ behavior

+ * Necessary to comply with a legal obligation

+

+*provision of information*

+

+Provide information to entities and regulators where TeamSpeak is

+required to do so by law or regulation.

+

+*Personal data*

+

+ * identity data

+ * contact details

+ * Technical data

+ * transactional data

+ * consumption data

+ * profile data

+ * Marketing and communication data

+ * Sensitive data

+ * Data from children

+

+*Basis for processing*

+

+ * Necessary to comply with a legal obligation.

+

+15.4 How TeamSpeak shares your personal information

+

+TeamSpeak cannot run its business or get many of the services and

+benefits you expect provided without involving other people and

+businesses. TeamSpeak will share your information only in accordance

+with the laws applicable to us and for the purposes set out herein.

+

+From time to time, TeamSpeak processes personal information about you in

+an automated manner to evaluate specific personal aspects about you.

+This includes the ability to analyze your interests and make predictions

+about how you are likely to interact with TeamSpeak. This is commonly

+referred to as profiling, so TeamSpeak can offer you a more personalized

+customer experience. This is based on our impression of how you deal

+with TeamSpeak.

+

+The personal data about you that we process for profiling purposes

+includes your identity data, your contact data and your profile data. We

+do not process any personal data about you for profiling purposes that

+consist of personal data of the special category. We process your

+personal data for profiling purposes for our legitimate interests, as

+explained below. If you would like to know more about what kind of

+profiling we do and what profiling means for you, please contact us and

+we will be happy to give you a detailed answer. You also have the right

+to object to our processing your personal data for profiling purposes

+and to learn more about your right to object.

+

+TeamSpeak shares your personal information:

+

+ * All *TeamSpeak companies*, including new companies, brands or

+ outlets that we may acquire in the future (which act as controllers

+ or contract data processors) and that provide information

+ technology, human resources and systems administration services, and

+ that you may have agreed to provide you with marketing communications.

+ * *Service providers* (who primarily act as processors, sometimes as

+ controllers) who assist TeamSpeak in providing you with our

+ websites, mobile apps, wireless networks, and related services; for

+ example, information technology companies that design and host

+ TeamSpeak USA websites, payment service providers that enable you to

+ use credit or payment cards at TeamSpeak, and data wallpaper

+ specialists.

+ * *Related third parties* (acting as contract data processors and

+ controllers) who provide services to TeamSpeak, such as market

+ research, voucher provision and withdrawal, marketing background

+ services, and data analysis services.

+ * *Reward companies *(which act as controllers) that you have joined

+ to receive the rewards and benefits offered to you.

+ * Any new *business partners* (who act as controllers or contract data

+ processors) that TeamSpeak may have over time; for example, if

+ TeamSpeak enters into a partnership with another company,

+ reorganizes, merges, or sells a portion of our business, the other

+ party may receive some or all of your information.

+ * Our *professional consultants* (who act as controllers or order data

+ processors); for example, our attorneys, insurance companies and

+ insurance brokers, if they need them to advise TeamSpeak or assist

+ TeamSpeak in taking out insurance.

+ * The police, health and safety authorities, local authorities, the

+ appropriate tax authorities in your country, the courts, and any

+ other central or local government authorities (acting as controllers

+ or contract data processors) where TeamSpeak is required to do so in

+ order to comply with its legal obligations, or when requested to do

+ so and TeamSpeak is permitted to disclose it lawfully, for example,

+ to prevent and detect criminal offences or to report serious health

+ and safety incidents.

+ * TeamSpeak may also share the information collected with other third

+ parties where TeamSpeak is required to do so by law, for example to

+ comply with a court order.

+

+

+16. Google Analytics

+

+16.1 TeamSpeak USA uses Google Analytics on the websites operated by

+TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics

+service provided by Google Inc., 1600 Amphitheater Parkway,

+Mountainview, California 94103 USA (hereinafter referred to as

+"Google"). Google Analytics uses cookies which are stored on your

+computer and enable an analysis of your user behaviour. The information

+generated by the cookies is also stored by Google abroad, in particular

+on a Google server in the United States of America.

+

+16.2 The websites operated by TeamSpeak USA use Google Analytics with

+the extension "_anonymizeIP()", i.e. the anonymization function of

+Google Analytics. As a result, your IP address will generally be

+truncated by Google in a European Economic Area country prior to

+transmission to the United States of America.

+

+16.3 The IP address transmitted by your browser as part of the use of

+Google Analytics is not merged with other data that Google collects

+about you.

+

+16.4 You can exclude the storage of cookies used by Google Analytics by

+excluding the use of cookies in your browser settings. In this case,

+however, you will not be able to use other features of the websites

+operated by TeamSpeak USA.

+

+16.5 You also have the option of opting out of the collection and

+processing of your personal data by Google by installing the browser

+plug-in available at the following link:

+http://tools.google.com/dlpage/gaoptout

+

+16.6 The use of Google Analytics takes place in accordance with the

+requirements on which the German data protection authorities have agreed

+with Google.

+

+16.7 You can view an overview of Google Analytics' privacy policy at

+this link:

+https://support.google.com/analytics/answer/6004245

+<https://support.google.com/analytics/answer/6004245>

+

+16.8 The data collected by Google Analytics on the TS5 client is

+processed anonymously. Similar to the procedure described in Section

+16.2, the TS5 client will generally have your IP address truncated by

+Google in a European Economic Area country prior to transmission to the

+United States of America.

+

+

+17. Data security

+

+17.1 TeamSpeak takes current technical measures to ensure data security

+and thus in particular to protect your personal data from the dangers of

+data transmission and the gaining of knowledge by third parties.

+TeamSpeak regularly adapts these measures to the current state of the art.

+

+17.2 TeamSpeak USA will provide you with information about data security

+at all times. Please direct your inquiry to privacy@teamspeak.com or to

+the data specified in the imprint of the websites operated by TeamSpeak USA.

+

+

+18. Privacy shield regulations

+

+18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and

+fully complies with the principles of the Privacy Shield, including its

+ancillary principles, when transferring data from European Economic Area

+countries to the United States. To learn more about the Privacy Shield

+program, visit www.privacyshield.gov, <http://www.privacyshield.gov/>

+and to verify our certification, visit www.privacyshield.gov/list.

+However, if there is a conflict between the Privacy Shield Principles

+and the Data Transfer Principles below, the Privacy Shield Principles

+will always prevail.

+

+18.2 Types of personal data, purpose of collection and competent authority

+

+TeamSpeak USA collects and uses information in various ways. TeamSpeak

+USA only collects the data transmitted by your browser for purely

+informational use of the website. For more detailed information, please

+refer to section 6 of this Privacy Policy. TeamSpeak USA also collects

+data when you purchase licenses for software solutions from TeamSpeak

+USA. Further information can be found in section 7 of this data

+protection declaration. When cookies are used, they are stored on your

+computer. You will find more details on this under section 5 of this

+data protection declaration. Data is also collected, stored and

+processed when the TS3 Client and TS5 Client are downloaded. The same

+applies when using the TS3 Client and TS5 Client. For more information,

+please refer to section 9 of this Privacy Policy.

+

+TeamSpeak USA will only use personal information in a manner consistent

+with the purposes for which it was collected or authorized by you.

+

+TeamSpeak USA is subject to the US Department of Commerce International

+Trade Administration.

+

+18.3 Data transmission to third parties

+

+If we disclose personal information to third parties acting as agents of

+TeamSpeak USA, we will ensure that such third parties are also certified

+for the EU-U.S. Privacy Shield or have a resolution of appropriateness

+issued by the EU Commission, or that there are written agreements

+between us and the third party that at least meet Privacy Shield's

+privacy standards. To whom we disclose your personal information and for

+what purpose, please refer to the disclosures in this privacy statement

+regarding the specific use of TeamSpeak USA's information.

+

+Under certain circumstances, TeamSpeak USA may be liable for the

+disclosure of personal data of individuals from the European Economic

+Area if the third party has processed personal data in a manner

+inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA

+proves that it is not responsible for the event giving rise to the damage.

+

+We may need to disclose personal information in response to lawful

+requests from government authorities, for law enforcement or national

+security reasons, if necessary to comply with a court order, or if

+otherwise required by law.

+

+18.4 Data security

+

+TeamSpeak USA uses technical, electronic and administrative procedures

+to ensure the confidentiality of your personal information, including

+Secure Sockets Layer ("SSL") for all financial transactions. We use SSL

+encryption to protect your personal information online. We also take

+several steps to protect your personal information at our facilities.

+Access to your personal data is restricted. Only employees who need

+access to your personal information in order to perform certain tasks

+will have access to your personal information. Finally, for the

+technical security of some of our computer hardware, we rely on the

+services of third parties. We believe that their security measures are

+appropriate. For example, when you visit teamspeak.com, you access a

+server behind closed doors and an electronic firewall. Although we take

+industry-standard precautions to protect your personal information, we

+cannot guarantee complete security. 100% complete security is currently

+available neither online nor offline. TeamSpeak USA takes current

+technical measures to ensure data security and in particular to protect

+your personal data from the dangers of data transmission and the

+knowledge gained by third parties. TeamSpeak USA also regularly adapts

+these measures to the state of the art. TeamSpeak USA keeps you informed

+about data security in your organization at all times. Please send your

+request to privacy@teamspeak.com <mailto:privacy@teamspeak.com> or use

+the contact details given in the teamspeak.com imprint.

+

+18.5 Choice, access and corrections

+

+TeamSpeak USA provides individuals in the European Economic Area whose

+personal information has been submitted to us with the opportunity to

+choose whether the personal information you provide will be used for a

+purpose other than that for which it was originally collected. You may

+also opt out of the use of your personal information by contacting us at

+the contact details below. TeamSpeak USA will not use your personal

+information for any purpose other than that for which it was originally

+collected or subsequently authorized by you, unless we have received

+your express consent.

+

+TeamSpeak USA also provides you with reasonable access to personal

+information obtained in accordance with the Privacy Shield Principles.

+

+Upon request, we will also correct or update your personal information,

+stop sending emails to your email address, or deactivate your account to

+prevent future purchases through that account.

+

+You can send these requests by e-mail to privacy@teamspeak.com, by fax +

+1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send

+your credit card number or other sensitive information by e-mail.

+

+18.6 Offline Collection, Use and Disclosure of Information

+

+Information may also be collected offline, and attempts may be made to

+protect your personal information. For example, when you call, we only

+ask for the personal information we need to process the order or answer

+the question. When we need to store information, we enter it into our

+database using SSL encryption. Faxes are another example. If you fax us

+something, we respond to the fax and either store it in a locked room or

+we destroy the fax if the information does not need to be kept. It

+should be noted that we try to comply with the standards for data

+obtained online for data obtained offline.

+

+18.7 Enforcement of Privacy Shield Principles

+

+TeamSpeak USA implements compliance measures to ensure compliance with

+the Privacy Shields. Any employee found by TeamSpeak USA to be in

+violation of these guidelines will be subject to disciplinary action.

+

+18.8 Settlement of disputes

+

+In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is

+committed to resolving complaints about your privacy and our collection

+or use of your personal information. Persons from a European Economic

+Area country should first contact TeamSpeak USA at the above address

+with inquiries or complaints regarding Privacy Shield provisions.

+TeamSpeak USA will investigate and attempt to resolve your complaints

+based on the principles set forth in the Privacy Shield Policy.

+TeamSpeak USA is required to investigate the complaint within 45 days.

+TeamSpeak USA has also committed to submit unresolved privacy complaints

+under the Privacy Shield provisions to the independent enforcement

+mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the

+Council's Better Business Bureau. If it does not acknowledge your

+complaint in a timely manner or your complaint is not satisfactorily

+addressed, please visit

+http://www.bbb.org/EU-privacy-shield/for-eu-consumers

+<http://www.bbb.org/EU-privacy-shield/for-eu-consumers> for more

+information and to file a complaint. Under certain limited

+circumstances, an individual may also be able to invoke binding

+arbitration under Annex I of the Privacy Shield Principles to resolve an

+otherwise unresolved complaint.

+

+

+19. Data protection officer

+

+TeamSpeak has appointed an external privacy officer.

+

+Lawyer Stephan Hendel

+

+Bajuwarenstr. 2e

+

+93053 Regensburg, Germany

+

+Germany (German)

+

+Should you have any concerns or questions about the data you have

+processed, you can also contact our data protection officer directly.

+Further contact details can be found at https://www.gabler-hendel.de

+<https://www.gabler-hendel.de/> .

+

+

+*20. Changes to this privacy policy*

+

+We always keep this privacy policy up to date. Therefore, we reserve the

+right to change them from time to time and to update changes in the

+collection, processing or use of your data.

+

+*Last updated:* *October 1, 2019*

+

+

+

+Terms and Conditions and Customer Information

+

+

+*TeamSpeak Systems, Inc.*

+

+

+

+I. General terms and conditions

+

+

+1. Scope of application

+

+1.1 These General Terms and Conditions (hereinafter referred to as

+"GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box

+211180, Chula Vista, CA, 91921 USA (hereinafter referred to as

+"TeamSpeak") and customers via the websites provided by TeamSpeak under

+the domains www.teamspeak.com, www.teamspeakusa.com and

+www.myteamspeak.com (hereinafter referred to collectively as

+"Teamspeak.com" and the latter as "Myteamspeak.com" and all three

+collectively referred to as "TeamSpeak Websites").

+

+1.2 These General Terms and Conditions shall also apply to all future

+services or offers to the customer, even if they are not separately

+agreed again.

+

+1.3 TeamSpeak does not accept any deviating, additional or conflicting

+general terms and conditions of the customer, so that they are not

+included in the contract. This shall not apply if TeamSpeak has

+expressly agreed in writing to the inclusion of the customer's GTC in

+the respective individual case.

+

+

+2. Entrepreneur status

+

+2.1 All paid offers by TeamSpeak are directed exclusively at

+entrepreneurs within the meaning of § 14 BGB who order and use the

+services of TeamSpeak within the scope of their independent,

+professional or commercial activity.

+

+2.2 TeamSpeak shall check the customer's entrepreneurial status prior to

+the conclusion of the contract for paid services. The customer must

+provide TeamSpeak with any documents requested for this purpose, such as

+a business registration.

+

+2.3 An entrepreneur is any natural or legal person or a partnership with

+legal capacity who, upon conclusion of a legal transaction, in this case

+the conclusion of a contract with TeamSpeak, acts in the exercise of its

+commercial or self-employed professional activity, § 14 BGB (German

+Civil Code).

+

+2.4 A consumer is any natural person who concludes a legal transaction,

+in this case the conclusion of a contract with TeamSpeak, for purposes

+which can predominantly not be attributed to his commercial or

+self-employed professional activity, § 13 BGB.

+

+2.5 Non-commercial grouping within the meaning of these GTC is any

+grouping of consumers or any legal entity whose business activity does

+not serve to generate profits, in particular legal entities pursuing a

+non-profit corporate purpose.

+

+

+3. Subject matter of the contract

+

+3.1 TeamSpeak is the provider of the software solutions "TS3 Client",

+"TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile

+client applications for iOS and Android (hereinafter referred to as

+"Software Solutions"), which enable the customer to communicate via

+voice or text and to exchange files with third parties.

+

+The "TS3 Client" and "TS 5 Client" software solutions denote the object

+code of the TeamSpeak Communication Software version 3 and 5 client

+provided to you by TeamSpeak, including any software enhancements,

+upgrades or updates you receive.

+

+The TeamSpeak 3 SDK Software Solution means the object code of the

+TeamSpeak Version 3 Software Development Kit Software and the client and

+server provided to you by TeamSpeak, including any software

+enhancements, upgrades or updates you receive.

+

+"Client" means the TeamSpeak software that connects to the TeamSpeak

+server software via the Internet. "Server" means the TeamSpeak software

+(whether 32-bit or 64-bit) which is installed on a computer and acts as

+a host.

+

+3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the

+customer to communicate with third parties by sharing his TeamSpeak

+server address with them. The number of third parties to whom the

+communication channel can be made available depends on the scope of the

+customer's license.

+

+3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for

+integrating the technical solution for voice transmission and other

+functions such as file transfer, chat function etc. into the Customer's

+own software solutions.

+

+3.2 The software solutions are offered under the following license models:

+

+3.2.1 "Unlicensed": Under the license model "Unlicensed" the software

+solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used

+free of charge. Use of the "TeamSpeak 2 - Server" software solution is

+limited to a maximum of two virtual servers with up to 1000 slots, use

+of the "TeamSpeak 3 Server" software solution is limited to one virtual

+server with up to 32 slots. The use is unlimited in terms of time. There

+is no feedback from the virtual server to TeamSpeak. The license model

+"Unlicensed" is only available to non-commercial groups and consumers.

+

+3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3

+Server" software solution can be used free of charge under the "NPL"

+license model. The use is limited to two virtual servers with up to 512

+slots. The license period is 6 months. Sublicensing of slots and virtual

+servers to third parties is not permitted. The license model "NPL" is

+only available to non-commercial groups and consumers.

+

+3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as

+"AAL"): Under the license model "AAL" the software solution "TeamSpeak 3

+Server" can be used against payment. Depending on the licensing selected

+by the customer, the use is between a virtual server with up to 32 slots

+and up to 2 virtual servers with up to 1064 slots. The license period is

+one year. Sublicensing of slots and virtual servers to third parties is

+not permitted.

+

+3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to

+as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server"

+software solution can be used for an unlimited fee and virtual servers

+and slots can be sublicensed to third parties. The license period is one

+year.

+

+3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under

+the license model "SDK", the software solution "TeamSpeak 3 SDK" can be

+used against payment for integration into the user's own software

+solutions. TeamSpeak customizes and agrees the terms of the "SDK"

+license model to the individual needs of the user.

+

+3.3 TeamSpeak also procures server space via Teamspeak.com which is

+offered by third parties.

+

+3.4 The customer also has the possibility to download the Teamspeak

+Software Client via Teamspeak.com or the referring websites. The client

+is offered for the operating systems Windows, Linux and MacOS.

+Furthermore the customer has the possibility to download the client in a

+version for mobile devices for iOS or Android.

+

+3.5 TeamSpeak operates a forum via myteamspeak.com which enables the

+customer to publish contributions to TeamSpeak's services, in particular

+questions, suggestions and reviews on Teamspeak.com in the "Community"

+section.

+

+3.6 The customer also has the opportunity to upload his own software

+programs compatible with TeamSpeak's software solutions (hereinafter

+referred to as "Add Ons") to the Teamspeak websites and to offer them to

+third parties for download, as well as to download the Add Ons offered

+by third parties via myteamspeak.com.

+

+3.7 However, the "TS3 Client" and the "TS5 Client" as well as the

+respective mobile applications for iOS and Android may only be used to

+connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers"

+developed by TeamSpeak. Any other use is expressly prohibited. In the

+event of an infringement, TeamSpeak reserves the right to assert claims

+for damages.

+

+

+A. Provisions concerning the conclusion of the contract

+

+

+4. Conclusion of the contract on the licensing of the software

+ solutions

+

+4.1 A contract with TeamSpeak regarding the licensing of the software

+solutions shall be concluded as described below:

+

+4.1.1 "Unlicensed": The contract for the free use of the license model

+"Unlicensed" is concluded when the customer downloads the respective

+software solution and TeamSpeak makes the software solution available.

+

+4.1.1.1 For this purpose, Customer shall press the button on

+TeamSpeak.com labeled "Licensing Overview" followed by the button under

+the description of the license model "Unlicensed" labeled "Download".

+

+4.1.1.2 Without having to register, the customer has the possibility to

+download the software solution and use it in accordance with these GTC.

+

+4.1.1.3 When the software solution is downloaded, a binding contract is

+concluded between TeamSpeak and the customer regarding the use of the

+software solution in the "Unlicensed" license model.

+

+4.1.2 "NPL": The contract for the free use of the license model "NPL" is

+concluded as follows:

+

+4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing

+Overview" and then the button labeled "Register" displayed under the

+description of the licensing model "NPL".

+

+4.1.2.2 The customer presses the button labeled "Continue to NPL

+Application" on the overview displayed and confirms the existence of the

+prerequisites for a non-commercial grouping or consumer property by

+pressing the button labeled "Continue". He also confirms the license

+conditions and these GTC by pressing the buttons marked "I agree".

+

+4.1.2.3 By clicking the "Submit" button, the customer submits an offer

+to TeamSpeak to conclude the contract for the license model "NPL".

+Before pressing the button labeled "Submit", the customer has the option

+of deleting or correcting his entry or canceling the process at any

+time, also by pressing the "Back" button on his browser.

+

+4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address

+provided during the registration process, confirming receipt of the

+customer's offer by TeamSpeak. A contract does not come off with

+entrance of this confirmation E-Mail with the customer.

+

+4.1.2.5 TeamSpeak accepts the customer's offer by making the software

+solution available for download. This results in a binding contract

+between TeamSpeak and the customer for the use of the software solution

+in the "NPL" license model.

+

+4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address

+specified during registration, summarizing the essential content of the

+contract, to the customer. With this confirmation e-mail the AGB are

+also sent to the customer.

+

+4.1.3 "AAL": The contract for the paid use of the license model "AAL" is

+concluded as follows:

+

+4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses

+the button labeled "Sales" and then the button labeled "Continue to

+register for an account. He fills in the displayed registration form and

+sends it by pressing the button marked "Register".

+

+4.1.3.2 The customer receives an overview of the data entered by him and

+is given the option of correcting or deleting this data after pressing

+the "modify" button or canceling the registration process by closing the

+browser window or pressing the "Back" button on the browser.

+

+4.1.3.3 By pressing the button with the inscription "Confirm", the

+customer submits a binding offer to conclude a contract for the opening

+of his customer account.

+

+4.1.3.4 TeamSpeak will send a confirmation email with a confirmation

+link and password to the customer.

+

+4.1.3.5 TeamSpeak shall display the license models offered to the

+customer in the customer area of the customer account. With this

+advertisement TeamSpeak makes a binding offer to conclude a contract

+with the customer for the license models displayed.

+

+4.1.3.6 The customer selects the desired "AAL" license in his customer

+account and presses the button with the inscription "Add". By pressing

+the button labeled "Add", the customer accepts TeamSpeak's offer to

+conclude a contract and a binding contract for the use of the software

+solution in the license model "AAL" is concluded.

+

+4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address

+specified during registration, summarizing the essential content of the

+contract, to the customer.

+

+4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model

+is concluded as follows:

+

+4.1.4.1 The customer registers for a TeamSpeak.com customer account. The

+steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of

+these GTC.

+

+4.1.4.2 The customer selects the licence model "ATHP" in his customer

+account and presses the button with the inscription "Add". The customer

+will receive an invoice for the registration fee of $ 50 USD. Once the

+customer has paid the registration fee, TeamSpeak will send an email to

+the customer with instructions to complete the application process (as

+described below).

+

+4.1.4.3 The customer shall send TeamSpeak the completed application

+form, the signed license agreement, a photocopy of the identity card or

+passport of an authorized representative as well as the business

+registration, the VAT ID or any other document that identifies the

+customer as an entrepreneur within the meaning of section 2.3 of these

+GTC. The documents will be sent to TeamSpeak by e-mail to

+athps@teamspeak.com or by fax to +49-8825-920-27-97. By sending the

+aforementioned documents, the customer submits a binding offer to

+conclude the contract.

+

+4.1.4.4 TeamSpeak will send a confirmation email to the email address

+stored in the customer's account confirming receipt of the customer's

+offer. A contract does not come off with the entrance of this

+confirmation e-mail.

+

+4.1.4.5 TeamSpeak accepts the customer's offer by making the software

+solution available for download in the customer area of the customer

+account. With the provision of the software solution, a binding contract

+is concluded between the customer and TeamSpeak for the use of the

+software solution in the "ATHP" license model.

+

+4.1.4.6 TeamSpeak will send a confirmation email to the email address

+provided during registration, summarizing the main content of the

+contract, to the customer.

+

+4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The

+contract for the paid use of the license model "SDK" is concluded by

+individual conclusion of a contract with the Customer.

+

+4.1.5.1 The customer shall contact TeamSpeak by e-mail at

+ts3sdk@teamspeak.com or by telephone at +49 8825 920200-0.

+

+4.1.5.2 TeamSpeak shall send the customer an offer for the services

+requested by the customer in text form to the e-mail address provided by

+the customer. With this e-mail TeamSpeak makes a binding offer to

+conclude a contract under the conditions stated in the e-mail.

+

+4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form

+constitutes a binding contract for the use of the "SDK" license model.

+

+

+5. Conclusion of a contract for the provision of server space

+

+5.1 The customer is forwarded via Teamspeak.com to the internet presence

+of the third party provider.

+

+5.2 A contract conclusion comes about in the case of the switching of

+server places offered by a third party exclusively between the customer

+and the respective third party. It is strongly recommended that the

+customer obtain information from the third party about the conclusion of

+the contract and, if applicable, its general terms and conditions.

+

+

+6. Conclusion of the contract about the licensing of the client

+

+6.1 A contract on the licensing of the client is concluded as follows:

+

+6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The

+customer is redirected to a subpage that shows an overview of the client

+versions to be downloaded (Windows, Linux and MacOS as well as for

+mobile devices).

+

+6.1.2 The Customer selects the version corresponding to his requirements

+and presses the button marked "Download" which is displayed next to the

+version of the Client he has selected. The customer has the possibility

+to cancel the download process at any time by closing his browser window

+or ending the process.

+

+6.1.3 If Windows, Linux or MacOS versions are selected, the customer

+submits a binding offer to conclude the contract by pressing the button

+marked "Download". TeamSpeak accepts this offer by providing the client

+for download by teamspeak.com or the referring websites, so that a

+binding contract is concluded between TeamSpeak and the client.

+

+6.1.4 If a version of the Client is selected for mobile devices, the

+Customer will be redirected to the Internet pages of third parties

+"Apple AppStore" (iOS) or "Android Market" (Android) and can purchase

+these there in accordance with the conditions of the respective third

+party provider. The customer is strongly advised to inform himself about

+the conclusion of the contract and the general terms and conditions of

+the third party provider.

+

+

+7. Conclusion of a contract concerning the uploading and

+ downloading of Add Ons

+

+7.1 TeamSpeak only provides the platform for uploading and downloading

+add-ons. The contract for the use of the respective add-on is concluded

+exclusively between the customer who uploads the add-on and the customer

+who downloads the add-on.

+

+7.2 To upload Add Ons, Customer must register for a Customer Account as

+a Developer (hereinafter referred to as "Developer Account").

+

+7.3 To do this, the customer presses the button labeled "MyTeamSpeak"

+and the button labeled "Register" on the underside of the screen that

+appears.

+

+7.4 The Customer fills in the registration form displayed with the

+e-mail address and password and clicks the button marked "Register".

+

+7.5 TeamSpeak will send a confirmation email with a confirmation link to

+the customer.

+

+7.6 The customer activates the confirmation link contained in the e-mail

+and is taken to his customer account under the menu item "Dashboard".

+

+7.7 The customer presses the button in his customer account with the

+inscription "Become a developer". By entering their name and mobile

+phone number, the customer fills out a registration form and clicks the

+button labeled "Send confirmation code".

+

+7.8 TeamSpeak will send a confirmation code with a limited validity

+period to the mobile phone number provided by the customer.

+

+7.9 The customer enters the confirmation code in the form field provided

+and presses the button marked "confirm".

+

+7.10 To download Add Ons, the customer does not need to register for a

+customer account. Downloading is possible free of charge and without

+registration on the "MyTeamSpeak" subpage.

+

+7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5

+Client" and the respective mobile applications for iOS and Android that

+can be downloaded from the website myteamspeak.com may be used.

+

+

+8. Conclusion of the contract on the use of the forum

+

+8.1 The Customer shall press the button marked "Forum" and then the

+button marked "Register".

+

+8.2 The Customer shall complete the registration form displayed after

+pressing the "Register" button.

+

+8.3 After filling in the registration form, the Customer clicks the

+button labeled "Complete Registration". He can correct his data at any

+time until he clicks the "Complete Registration" button or cancel the

+registration by closing his browser window or clicking the "Back" button

+on his browser.

+

+8.4 The customer shall receive a confirmation of receipt from TeamSpeak

+containing a confirmation link. This confirmation of receipt does not

+constitute an offer on the part of TeamSpeak to conclude a contract, but

+merely serves to verify the customer's data.

+

+8.5 The customer can click on the confirmation link and then register

+for his customer account. By activating the confirmation link, the

+customer makes a binding offer to use the forum free of charge.

+

+8.6 TeamSpeak accepts the customer's offer by providing the customer

+account, so that a binding contract is concluded.

+

+

+ B. Special provisions for the respective contracts for individual

+ services

+

+

+9. Licence fees for the use of the software solutions

+

+9.1 Royalties under the "ATHP" licensing model

+

+9.1.1 For the use of the software solution in the license model "ATHP",

+a lump-sum basic fee as well as use-dependent current license fees are

+to be paid.

+

+9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon

+conclusion of the contract.

+

+9.1.3 The amount of current licence fees for the granting of licences in

+the "ATHP" licence model shall be determined on the basis of the actual

+use of the number of slots per calendar day. For this purpose, the

+number of slots used is transmitted daily by the virtual server to a

+server operated by TeamSpeak. The customer undertakes not to take any

+action against TeamSpeak that is likely to prevent such transmission or

+alter the transmission result. The current license fees are due ten

+working days after receipt of the invoice by the customer.

+

+9.1.4 A minimum license fee shall be deemed agreed between the customer

+and TeamSpeak. For the first year of licence use, this amounts to the

+licence fee for the use of 200 slots used and for each subsequent year

+of licence use, the licence fee for the use of 1,000 slots used. If the

+minimum license fee is not reached, the customer must nevertheless pay

+license fees in the amount of the minimum license fee.

+

+9.2 Unless otherwise agreed between the customer and TeamSpeak, the

+license fees stated in the service description for the respective

+license model shall be deemed agreed.

+

+9.3 TeamSpeak is entitled to change the license fees in the course of

+further development of the software solutions or for reasons of

+adaptation to the market situation.

+

+9.4 In the event of a price adjustment, a list with the changed prices

+will be sent to the customer in text form.

+

+9.5 The customer has the option to terminate the license agreement

+without notice within a period of four weeks commencing with the receipt

+of the message referred to in Section 9.4 of these General Terms and

+Conditions.

+

+9.6 The customer has the possibility to object to the price adjustment

+within a period of four weeks beginning with the receipt of the message

+referred to in section 9.4 of these General Terms and Conditions. In the

+event of an objection by the customer, TeamSpeak shall be entitled to

+terminate the contract extraordinarily within a period of four weeks

+beginning with the receipt of the objection by TeamSpeak.

+

+

+10. Prices and terms of payment for the licensing of the software

+ solutions

+

+10.1 All prices or price quotations quoted by TeamSpeak are always in

+the form of US dollars, even in the absence of an express currency

+indication, unless otherwise agreed between the parties.

+

+10.2 All prices or price quotations are exclusive of the applicable

+value added tax and any further public charges.

+

+10.3 When ordering via Teamspeak.com, the customer only has access to

+the payment options indicated under the menu item "Pay", whereby

+TeamSpeak expressly reserves the right to reject a payment method

+selected by the customer in the contract offer.

+

+10.4 In the case of telephone orders or orders placed by e-mail, fax or

+post, payment by bank transfer shall be agreed as advance payment unless

+otherwise agreed, whereby TeamSpeak's remuneration shall become due upon

+conclusion of the contract, i.e. the customer shall be obliged to pay

+the remuneration in advance.

+

+10.5 If payment on account has been agreed, payment shall be due within

+fourteen working days of receipt of the invoice by the Customer.

+

+10.6 TeamSpeak shall be entitled to perform or provide outstanding

+services only against advance payment or security if, after conclusion

+of the contract, it becomes aware of circumstances which could

+significantly reduce the creditworthiness of the customer and which

+endanger the payment of TeamSpeak's outstanding claims by the customer

+arising from the respective contractual relationship (including from

+other individual orders).

+

+

+11. Termination of license agreements for the software solutions

+

+11.1 The contracts for the licensing of software solutions have the

+contract term stated in the service description (hereinafter referred to

+as the "minimum contract term"), i.e.

+

+11.1.1 The contract for the "Unlicensed" license model has no fixed

+contract term. The license model can be used by the customer at any time

+as long as TeamSpeak offers this license model.

+

+11.1.2 The contract for the "NPL" licensing model has a minimum term of

+six months.

+

+11.1.3 The contract for the "AAL" licence model has a minimum term of

+twelve months.

+

+11.1.4 The contract for the "ATHP" licence model has a minimum term of

+twelve months.

+

+11.1.5 The contract for the license model "SDK" has the individually

+agreed minimum contract term.

+

+11.2 The Contract shall be automatically extended by the minimum

+Contract Term if neither party terminates the Contract at the end of the

+minimum Contract Term. With the license model "NPL", the contract is

+only automatically extended if the customer has used the software

+solution within a period of one month before the end of the minimum

+contract term; otherwise the contract ends automatically with the end of

+the minimum contract term.

+

+11.3 The license agreement may be terminated by the customer at any time

+at the end of the minimum contract term without notice. TeamSpeak may

+terminate the License Agreement at any time subject to a notice period

+equal to half the period of the minimum contract term to the end of the

+minimum contract term.

+

+11.4 The right of both parties to extraordinary termination remains

+unaffected. TeamSpeak is entitled to an extraordinary right of

+termination, in particular under the conditions set out in Section 11.5

+of these GTC.

+

+11.5 In particular, TeamSpeak has a right of extraordinary termination,

+

+11.5.1.1 if the Customer defaults on two consecutive payments due for

+the Licensing.

+

+11.5.1.2 if the customer repeatedly falls below the minimum license fee

+in the case of a contract for the license model "ATHP".

+

+11.5.1.3 if the customer repeatedly violates his obligations under the

+license agreement, including these GTC, despite a warning and the

+violations are not insignificant.

+

+11.5.1.4 if the customer repeatedly breaches its essential obligations

+under this contract despite a warning from TeamSpeak and is responsible

+for the breach.

+

+11.5.1.5 if the customer has chosen the license models "Unlicensed" or

+"NPL" without the property as a consumer or non-commercial grouping

+being present or this property having subsequently ceased to exist. In

+this case we reserve the right to claim damages.

+

+11.6 Each termination requires the text form.

+

+

+12. Obligations of the customer when using the client

+

+12.1 The customer himself is obliged to undertake data back-ups at

+regular intervals. TeamSpeak is not responsible for any loss of data

+resulting from a breach of this obligation. This does not apply if

+TeamSpeak is responsible for the violation.

+

+12.2 Furthermore, the customer is obliged to use programs corresponding

+to the current technical standard against viruses and other malicious

+software.

+

+12.3 Updates to the Standard Software will be provided free of charge

+when and as they become available. The customer is obliged in his own

+interest to install updates of the client immediately after their

+publication. Otherwise the usability of the client may be restricted.

+

+

+13. Termination of the client licensing agreements

+

+13.1 The Customer may terminate the Client Licensing Agreement at any

+time by removing the Client from any of the Customer's end devices.

+

+13.2 The right to extraordinary termination without notice of both

+parties remains unaffected.

+

+13.3 Each termination obliges the customer to immediately remove the

+client from all end devices.

+

+

+14. Publication of contributions in the forum

+

+14.1 The registered customer has the possibility to publish

+contributions in the area "Community Forum" on myteamspeak.com via the

+customer area of his customer account.

+

+14.2 In order to publish a new contribution, the Customer uploads the

+contribution by clicking on the "Post New Thread" button. When replying

+to a contribution from another customer, the customer clicks the button

+labeled "Reply To Thread" to publish his reply contribution. The

+contribution will then be transmitted to TeamSpeak and published by

+TeamSpeak on myteamspeak.com.

+

+14.3 TeamSpeak does not control contributions prior to publication.

+TeamSpeak expressly reserves the right to delete individual

+contributions in the event of a reference to the illegality of a

+contribution.

+

+14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any

+contributions that violate the laws of the Federal Republic of Germany

+or the rights of third parties.

+

+14.5 The customer indemnifies TeamSpeak against all rights of third

+parties which they may assert against TeamSpeak due to the publication

+of contributions on Teamspeak.com by the customer. Subject to the

+customer's consent, TeamSpeak will not make any acknowledgements or

+other declarations in legal transactions which justify the asserted

+claims of the third party.

+

+14.6 The indemnity obligation set forth in Section 14.5 of these GTC

+shall not apply if the circumstances justifying the claims of the third

+party can be proven to be due to gross negligence or wilful misconduct

+on the part of TeamSpeak.

+

+14.7 TeamSpeak undertakes, insofar as the customer's obligation to

+indemnify as stipulated in section 14.5 of these GTC is affected, to

+inform the customer immediately of any legal action brought against

+TeamSpeak or of any assertion of claims against TeamSpeak and to give

+the customer the opportunity to assume legal defence.

+

+

+15. Termination of the user account for the forum

+

+15.1 The customer has the option to have TeamSpeak delete his customer

+account at any time. For this purpose, the customer sends the deletion

+request in text form to TeamSpeak. Termination is also possible against

+a moderator of the forum in text form. TeamSpeak shall delete the

+customer's forum account immediately upon receipt of the notice of

+termination. Contributions published by the customer may be deleted or

+anonymized at TeamSpeak's discretion. With the deletion the contract

+about the use of the customer account ends.

+

+15.2 TeamSpeak has the right to terminate the contract for the use of

+the customer account at any time with three months' notice to the end of

+the quarter of a calendar year.

+

+15.3 The right of both parties to extraordinary termination remains

+unaffected. A right to extraordinary termination exists in particular if

+the customer repeatedly violates his obligations under section 14.4 of

+these GTC despite a warning and the violation is not insignificant.

+

+15.4 Any notice of termination must be in text form.

+

+

+16. Publication of Add Ons

+

+16.1 If the customer is registered as a developer, he has the

+possibility to upload Add Ons and offer them to third parties for free

+download.

+

+16.2 In order to upload Add Ons, the customer clicks the button with the

+label "Upload Add Ons" in the customer area of his customer account. The

+customer submits the add-ons to be uploaded by him to TeamSpeak by

+pressing the button labeled "Add Addon".

+

+16.3 TeamSpeak releases the Add Ons on "MyTeamspeak".

+

+16.4 TeamSpeak does not control the uploaded add-ons prior to

+publication. TeamSpeak also expressly reserves the right to delete

+individual add-ons in the event of a reference to the illegality of an

+add-on.

+

+16.5 The customer undertakes not to publish any add-ons to TeamSpeak

+that violate the laws of the Federal Republic of Germany, the rights of

+TeamSpeak or the rights of third parties.

+

+16.6 The customer shall indemnify TeamSpeak against all third party

+rights asserted against TeamSpeak by the customer due to the publication

+of add-ons on myteamspeak.com by the customer. Subject to the customer's

+consent, TeamSpeak will not make any acknowledgements or other

+declarations in legal transactions which justify the asserted claims of

+the third party.

+

+16.7 The indemnity obligation set forth in Section 16.6 of these GTC

+shall not apply if the circumstances justifying the claims of the third

+party can be proven to be due to gross negligence or wilful misconduct

+on the part of TeamSpeak.

+

+16.8 TeamSpeak undertakes to inform the customer immediately of any

+legal action taken against TeamSpeak or the assertion of claims against

+TeamSpeak and to give the customer the opportunity to assume legal

+defence in the event that the customer's obligation to indemnify is

+breached in accordance with Section 16.6 of these General Terms and

+Conditions.

+

+

+17. Termination of the customer account as developer

+

+17.1 The customer has the option of having TeamSpeak delete his customer

+account as a developer at any time. For this purpose, the customer sends

+the deletion request in text form to TeamSpeak. TeamSpeak will delete

+the customer's developer account immediately upon receipt of the

+termination notice. Add-ons published by the customer will also be

+deleted immediately. With the deletion the contract about the use of the

+Developer account ends.

+

+17.2 TeamSpeak has the right to terminate the Developer Account

+Agreement at any time with three months' notice to the end of the

+quarter of a calendar year.

+

+17.3 The right of both parties to extraordinary termination remains

+unaffected. A right to extraordinary termination exists in particular if

+the customer repeatedly violates his obligations under section 16.5 of

+these GTC despite a warning and the violation is not insignificant.

+

+17.4 Any notice of termination must be given in writing.

+

+

+C. General provisions

+

+

+18. Warranty

+

+18.1 The statutory warranty rights shall apply to consumers.

+

+18.2 The following provisions shall apply to entrepreneurs:

+

+18.2.1 The customer's warranty rights expire within one year. This shall

+not apply to damages culpably caused by TeamSpeak resulting from injury

+to life, body or health and damages caused by gross negligence or intent

+or fraudulent intent, as well as in the case of recourse claims pursuant

+to §§ 478, 479 BGB (German Civil Code).

+

+18.2.2 A warranty by TeamSpeak is excluded if the defect is due to

+circumstances caused by TeamSpeak at the express request of the customer.

+

+18.2.3 The strict liability for damages for initial defects according to

+§ 536a Abs. 1 BGB is excluded.

+

+

+19. Liability

+

+19.1 TeamSpeak shall be liable in all cases of contractual and

+non-contractual liability for intent and gross negligence in accordance

+with the statutory provisions.

+

+19.2 In other cases, TeamSpeak shall be liable - unless otherwise

+stipulated in Section 19.1 of these GTC - only in the event of a breach

+of a contractual obligation, the fulfilment of which is essential for

+the proper execution of the contract and on the observance of which the

+customer may therefore regularly rely (so-called cardinal obligation).

+In all other cases, TeamSpeak's liability is excluded subject to the

+provision in Section 19.1 of these GTC.

+

+19.3 To the extent that TeamSpeak is liable on the merits pursuant to

+clause 19.1 of these GTC, this liability shall be limited to damages

+which TeamSpeak foresaw at the time of conclusion of the contract as a

+possible consequence of a breach of contract or which TeamSpeak should

+have foreseen if it had exercised due care. Furthermore, indirect

+damages and consequential damages resulting from deficiencies in

+TeamSpeak's performance shall only be eligible for compensation if such

+damages are typically to be expected when the performance is used as

+intended.

+

+19.4 TeamSpeak's liability for damages resulting from injury to life,

+limb or health and under the Product Liability Act shall remain

+unaffected by the above limitations and exclusions of liability.

+

+

+20. Set-off, rights of retention and assignment

+

+20.1 The customer shall only be entitled to offset claims against

+TeamSpeak against legally established or undisputed claims. The same

+applies to the assertion of rights of retention.

+

+20.2 The assignment of claims against TeamSpeak to third parties is only

+possible with the written consent of TeamSpeak. This applies in

+particular to the transfer of the license granted by TeamSpeak to third

+parties.

+

+

+21. Text form

+

+21.1 Amendments and alterations to the agreements made between TeamSpeak

+and the customer, including these General Terms and Conditions, must be

+made in text form in order to be effective.

+

+21.2 With the exception of managing directors or authorized signatories,

+TeamSpeak employees shall not be entitled to enter into any verbal

+agreements that deviate from these provisions.

+

+

+22. Applicable law and place of jurisdiction

+

+22.1 German law shall apply. In the case of consumers, this choice of

+law shall only apply insofar as the protection granted by mandatory

+provisions of the law of the country of the consumer's habitual

+residence is not thereby withdrawn (principle of favourability).

+

+22.2 The place of performance for all services arising from business

+relations with TeamSpeak and the place of jurisdiction shall be the

+registered office of TeamSpeak, provided that the user is not a consumer

+but a merchant, a legal entity under public law or a special fund under

+public law. The same applies if the user does not have a general place

+of jurisdiction in Germany or the EU or if the place of residence or

+usual abode is not known at the time the action is filed. The right to

+also appeal to the court at another legal place of jurisdiction remains

+unaffected by this.

+

+22.3 The provisions of the UN Sales Convention expressly do not apply.

+

+

+

+II. Customer information

+

+

+1. Identity of the provider

+

+TeamSpeak Systems, Inc.

+PO Box 211180

+Chula Vista

+CA91921

+USA

+

+Telephone: +1-877-832-6773

+Telefax: +1-619-312-4145

+E-mail: info@teamspeak.com

+

+

+2. Information on the conclusion of the contract

+

+The technical steps for the conclusion of the contract, the conclusion

+of the contract itself and the correction options shall be carried out

+in accordance with Section B of the General Terms and Conditions (Part I).

+

+

+3. Contract language, contract text storage

+

+The contract language is English.

+

+TeamSpeak does not save the complete contract text. Before sending the

+respective offer, the offer data can be printed out or electronically

+saved using the browser's print function. Upon acceptance of the offer

+by TeamSpeak, the contract data, the legally required information for

+distance selling contracts and the General Terms and Conditions will be

+sent to the user again by e-mail.

+

+

+4. Essential characteristics of the goods and services

+

+The essential characteristics of the goods and services can be found in

+the service description and the supplementary information on Teamspeak.com.

+

+

+5. Prices and payment methods

+

+The prices and payment modalities result from the information at the

+conclusion of the contract as well as from the provisions in point B. of

+the General Terms and Conditions (Part I).

+

+

+6. Statutory liability for defects

+

+The statutory rights of liability for defects exist vis-à-vis consumers.

+

+

+7. Contract term, termination

+

+You will find information on the term of the contract and the conditions

+of termination in the respective service description as well as in point

+B of the General Terms and Conditions.

+