Provision of SIM cards

Status: 20.11.2023

1 Provision of SIM cards for the use of data services

1.1 To ensure and guarantee uninterrupted use of the software, Gastronovi provides interested customers who obtain the cash register software module from Gastronovi with SIM cards on loan (the "card loan").

1.2 The provision of cards requires the acceptance of a corresponding, separate offer by the customer, which Gastronovi will in turn provide to the customer on request.

1.3 Gastronovi procures and provides the Customer with a SIM card from the provider "WhereverSIM" (the "Provider") and concludes a data tariff with the Provider in its own name and for its own account, which enables the use of mobile data in all mobile networks in Germany. The use of telephone/SMS/MMS services is not possible.

1.4 The customer is responsible for creating the technical requirements for using the SIM card. Gastronovi supports the customer on request in an advisory capacity and to an appropriate extent.

1.5 The card transfer has an indefinite term and can be terminated after a minimum term of 3 months with a notice period of 1 month to the end of the month. The card transfer also ends automatically upon termination of the software usage contract for the cash register software module. After termination of the contract, the SIM card is blocked and rendered unusable.

1.6 The remuneration to be paid by the customer to Gastronovi for the provision of the card, together with any set-up fees, shall be specified in the offer.

1.7 The following terms of use apply to the use of the SIM card

1.7.1 The card may only be used in conjunction with a router and the Gastronovi POS software module for operating POS systems.

1.7.2 The Customer shall comply fully and at all times with the Provider's terms and conditions of use, which are available at https://whereversim.de/agb and are otherwise made available to the Customer by Gastronovi at any time upon request, insofar as they affect the Customer.

1.7.3 The customer will only use the SIM card for his own business purposes or have it used by employees. In particular, it shall not make them available to third parties without Gastronovi's prior consent. This does not apply to IT or other technical service providers who work for the customer as part of its business operations.

1.7.4 The customer is obliged to protect the SIM card from misuse. The customer must report any misuse to Gastronovi immediately after becoming aware of it, giving full details of the SIM card(s) concerned. This notification can be made by telephone or e-mail. In the event of loss or loss of control of the SIM card in any form, the customer shall nevertheless remain obliged to bear the costs incurred by third parties using the SIM card until the SIM card is blocked in the provider's portal by Gastronovi or by explicit written request for blocking by the provider, insofar as these are invoiced to Gastronovi and are not the responsibility of Gastronovi.

1.8 Gastronovi merely provides the Customer with the opportunity to use the Provider's services and does not provide any telecommunications services of its own in this respect. Gastronovi therefore assumes no responsibility for the quality or accessibility of the services of the provider or of third parties engaged by the provider to provide the service. The services and their scope of performance result exclusively from the GTC and other service descriptions of the provider (https://whereversim.de/agb).

1.9 The customer shall indemnify Gastronovi against all claims asserted by the provider or third parties against Gastronovi due to use or omission of the SIM card for which the customer is responsible. The customer shall otherwise be liable to Gastronovi in accordance with the statutory provisions.

1.10 Gastronovi does not transmit any personal data of the customer to the provider for the provision and transfer of the SIM card. However, according to the provider, it processes so-called "traffic data", namely Data for the purpose of providing and billing IoT communication services. This includes the number of communicating devices and their SIM cards, the start and end of each communication, the location of the mobile devices, transmitted data volumes and other data required to establish and maintain electronic communication connections. Further information on data protection by the provider can be found in the provider's terms and conditions (https://whereversim.de/agb).

1.11 Gastronovi itself processes the customer's personal data to the extent and for as long as this is necessary for the provision of the card and in accordance with Gastronovi's privacy policy, which can be viewed at https://www.gastronovi.com/en/data-protection. The legal basis for the processing of customer data is Art. 6 para. 1 p. 1 lit. b) GDPR. Gastronovi may come into contact with the above-mentioned traffic data of the customer via the provider's customer portal, but will not process or store this data unless this is necessary to fulfill the contract with the customer or is otherwise permitted by law.