1 General information
2 License for using the BASF HRdirect App
2.1 General information
Downloading the BASF HRdirect App requires suitable terminal devices and Internet access, which may result in costs for the connection to the Apple App Store / Google Play Store.
2.2 Maintenance and support of the BASF HRdirect App
BASF is not obliged to update the BASF HRdirect App and/or offer regular updates and/or upgrades. However, if BASF provides updates and/or upgrades to the BASF HRdirect App for download, the user is obliged to install them in order to obtain the most up-to-date information possible. Otherwise BASF cannot guarantee that the BASF HRdirect App will function properly or that the information provided is up-to-date. Should the user not install an update and/or upgrade provided, but nevertheless continue to use the old version of the BASF HRdirect App, he thereby waives any claims for defects and damages to which he is entitled.
2.3 Intellectual Property, Trademarks
2.4 Third Party Websites, Disclaimer of Liability
The BASF HRdirect App may contain hyperlinks to websites of third parties. BASF does not endorse these third-party websites or their content. The respective provider or operator of the linked sites is always responsible for their content. The linked sites were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. A permanent control of the contents of the linked pages is not reasonable without concrete evidence of an infringement. BASF will remove such links immediately upon becoming aware of such violations. Furthermore, BASF is not responsible for the availability of these websites or their contents. The use of hyperlinks to these websites is at the user's own risk. In this context, BASF shall not be liable for any damages arising out of or in connection with the use of third-party websites. The use of links to third-party websites is therefore at the user's own risk.
2.5 Rights of use
About the scope of §§ 69c ff. Copyright Act, the user may not copy, decompile, reverse engineer, disassemble or attempt to obtain the source code of the BASF HRdirect App, not edit the BASF HRdirect App or create derivative works from the BASF HRdirect App(unless and to the extent any of the foregoing restrictions is prohibited by applicable law or the license terms governing the use of an open source component as part of the BASF HRdirect App permit).
b. Export Control The User may not use or otherwise export or re-export the BASF HRdirect App, except as permitted by the laws of the United States and the laws of the country in which the BASF HRdirect App was acquired. In particular, the BASF HRdirect App may not be exported or re-exported (a) to embargoed U.S. countries or (b) to persons on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce's Denied Persons or Denied Entity list. By using the BASF HRdirect App, the user warrants that he or she is not located in any of these countries and is not on any of these lists. The user shall not use the BASF HRdirect App for any purpose prohibited by U.S. law, including but not limited to developing, designing, manufacturing or producing nuclear, missile, chemical or biological weapons.
2.6 Open Source Components
The BASF HRdirect App contains third-party open source components that are subject to the terms and conditions for their use that apply in addition to the terms of this Agreement. The open source components used in the BASF HRdirect App are the following:
The open source components are - irrespective of the other components of the BASF HRdirect App - provided to the user as a gift.
The user acknowledges that BASF does not assume any liability of its own for such damages caused by the Open Source component. With regard to any claims regarding liability and warranty, reference is made to the aforementioned Open Source regulations.
2.7 Data Protection
Since data protection is a high priority within BASF, BASF strictly adheres to the legal requirements, in particular the Basic Data Protection Ordinance, when collecting, using and processing personal data. If BASF, as the data controller, is not specifically informed about the processing of personal data, you can obtain this information at basf.com/datenschutz-eu.
2.8 Termination, loss of rights of use
The license is valid until terminated by the user or BASF. Both the user and BASF are entitled to terminate the license at any time. The user may terminate his legal agreement with BASF at any time for any reason by deactivating/deleting the app from his terminal and discontinuing use of the services.
2.9 Third Party Intellectual Property Rights
BASF's liability with respect to third party intellectual property rights is in any case limited to the BASF HRdirect App and does not extend to third party software required for the functionality of the BASF HRdirect App.
In any case, the user is obliged to inform BASF immediately in writing if the violation of industrial property rights of third parties is asserted against the user.
The user shall only be entitled to warranty claims for defects of the BASF HRdirect App if BASF has fraudulently concealed such defects.
2.11 Limitation of liability
BASF provides the BASF HRdirect App with reasonable care and only "as is". BASF makes no representations or warranties with respect to the BASF HRdirect App. In particular, the user himself is responsible for making backups of his system including the BASF HRdirect App. BASF is liable for damages caused by or as a result of the use of the BASF HRdirect App only in cases of intent and gross negligence.
2.12 Statute of limitations
Any claims for damages and reimbursement of expenses on the part of the user shall expire one (1) year after the installation of the BASF HRdirect App. The limitation period shall not apply if BASF has fraudulently concealed the defect or is compulsorily liable for other statutory reasons.
2.13 Changes to the contents of the BASF HRdirect App
BASF reserves the right to change or modify the services offered in the BASF App or to offer different services, unless this is unreasonable for the user (e.g. if and to the extent that the user has received certain services against payment).
In addition, BASF reserves the right to change or modify the services offered in the BASF Apps or to offer different services,
(a) to the extent that BASF is obligated to establish compliance of the functionalities offered by BASF with the law applicable to the Services, in particular if the applicable legal situation changes;
(b) to the extent that BASF thereby complies with a court judgment against BASF or an administrative decision;
(c) insofar as the respective amendment is necessary to close existing security gaps;
(d) if the change is only beneficial to the user; or
(e) if the change is of a purely technical or procedural nature and has no material effect on the user.
Changes with only an insignificant influence on the functions of the BASF HRdirect Appdo not constitute changes in performance within the meaning of this Section. This applies in particular to changes of a purely graphic nature and the mere modification of the arrangement of functions.
In the event that the User does not accept the changes, BASF may terminate this Agreement with the User. If the user does not expressly accept the changes, but nevertheless continues to use the BASF HRdirect App, this shall be deemed tacit acceptance of the changes.
In principle, the BASF HRdirect App is open to all BASF employees and certain contractors ("users") for voluntary use, provided that this does not impair operational interests. For users of BASF SE, the use of the BASF HRdirect App is considered an "event with own contribution" within the meaning of BV 75 3.1. Specifically, the use of this App during working hours applies:
- at the workplace: No second economy deregistration is required.
- Outside the workplace, in particular at home: There is no time credit; unless there is an agreement between employee and manager on mobile work within the meaning of BV 31.
Use outside working hours does not constitute working hours and there is no time credit.
The employee is responsible for the correctness of the transferred data. A change to the recorded data is traceable and is only used for validation purposes.
Furthermore, labour law and contractual obligations, e.g. concerning the secrecy of company information, remain unaffected.
3.2 Authentication and Password Reset
By differentiating the access path for BASF devices or private mobile devices, content is protected from unauthorized access. In order to launch the BASF HRdirect App, BASF users need a one-time authentication. In the registration process, the user is instructed to authenticate once at a BASF computer with a smart card and scan the corresponding QR code with BASF HRdirect. For registration, the user is requested to use his BASF User ID and password (see BASF HR Kiosk). The user name and password cannot be reset via the app. This app stores personal data, which is encrypted and only visible after authentication.
3.3 Setting and Personalization
If the user selects his desired device language, texts and video are stored locally on his terminal device. Language settings can be changed by the user at any time. The BASF HRdirect App is available in German and English. In the settings, the user can make individual changes.
If you have any questions about the BASF HRdirect App, HRdirect Europe or regional shared services are available for BASF users at the Ludwigshafen site and for employees outside the Ludwigshafen site.
BASF's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. BASF shall not be responsible for any failure to perform any obligation for reasons not attributable to BASF.