Terms for the Provision and Use of Product and Related Service Data (“Data”) for Users pursuant to Art. 2 (12) of the Data Act (EU) 2023/2854 (“Data Act”) by MAN Truck & Bus SE as Data Holder within the meaning of Art. 2 (13) of the Data Act
Within the scope of the asserted data access right pursuant to Art. 4 (1) of the Data Act, the following modalities apply between the user (as a natural or legal person who owns a connected product or has been contractually granted temporary rights to use the connected product or uses the related services) and MAN Truck & Bus SE (“MAN”) as the data holder:
- Terms of Use
The terms of the Data Act apply to the provision and use of data; in particular, its definitions. The classification of the data under the Data Act is the responsibility of the data holder and may be adjusted in accordance with legal requirements.
With regard to the data requested under the Data Act, these may in certain cases also constitute personal data, especially in connection with the respective identification number.
The user therefore confirms that:
- they are entitled under the Data Act to receive the requested data and can prove this entitlement upon request by the data holder;
- the affected persons (in particular drivers) have been comprehensively informed about the data processing by MAN and that the information obligation towards MAN has been fulfilled;
- they themselves meet the data protection requirements with regard to the requested data vis-à-vis the affected persons. This includes, in particular, that there is a sufficient legal basis for further processing of the data and that the affected persons are transparently informed about the processing;
- they inform MAN without undue delay about the transfer of any connected product from which data is requested to a third party or about the destruction of a connected product; and
- they waive any existing right of access to logger data.
In case the above confirmations are incorrect, and the user could have recognized this by exercising due diligence, or if they have at least negligently failed to comply with the underlying obligations, they undertake to indemnify MAN against all resulting fines or claims for damages or to hold MAN harmless.
The user also confirms that they will use the data only in accordance with legal provisions (in particular the Data Act and GDPR) and any contractual agreements made with MAN. In particular, the user is prohibited from using or disclosing the data if such processing would impair the safety requirements of the connected product as defined in Union or national law and could thereby lead to serious adverse effects on the health or safety of natural persons. The user is also prohibited from using the data to develop a connected product that competes with the connected product from which the data originates, or from disclosing or using the data with this intent to any third party not subject to this agreement, in order to gain insights into the financial situation, assets, and production methods of MAN. - Provision Obligations
The data holder assures to provide the data made available in connection with the fulfillment of the asserted data access request to the user to the best of their knowledge and capabilities. The user expressly waives all warranties regarding the quality, characteristics, and quantity of the data as well as its suitability for any particular purpose. - Protection of Trade Secrets
All information classified by the data holder as trade secrets must be treated as strictly confidential. The classification is indicated by appropriate marking within the provided data. The user undertakes to treat all such marked data as strictly confidential, in particular to deny unauthorized persons access to the data in order to maintain confidentiality, and to use it exclusively within the scope of fulfilling their data access right. The obligation of confidentiality applies indefinitely, as long as the respective knowledge is not generally known or accessible.
This also includes the obligation to implement all technical and organizational measures specified by the data holder that are determined in the event of data being provided under a confidentiality agreement.
The user is aware that the data holder may refuse or suspend the transfer of data classified as trade secrets if the required measures are not agreed to or if the user fails to implement any agreed measures or if the confidentiality of the trade secrets is violated. - Liability
The data holder is liable without limitation for damages resulting from intentional or grossly negligent breaches of duty by the data holder or one of its legal representatives or vicarious agents.
In the case of simple or slight negligence by the data holder or a legal representative or vicarious agent, the data holder is only liable for damages resulting from injury to life, body, or health. For negligently caused property and financial damages, the data holder and its vicarious agents are only liable for breaches of essential contractual obligations but limited in amount to the foreseeable and typical damages at the time of contract conclusion; essential contractual obligations are those whose fulfilment characterizes the contract and on which the customer may rely. - Final Provisions
Force majeure (“Force Majeure”) means any event or events (or combination of events) that significantly and sustainably negatively affect a party’s ability to fulfil its obligations (especially embargo and export control) under this contract, where such event arises from or is attributable to actions, events, omissions, or accidents that are reasonably beyond the control of the respective party) releases the affected party from fulfilling the contractual obligation affected thereby for the duration of its existence and for a reasonable period to eliminate its effects, to the extent that performance is prevented by force majeure.
The third party also confirms that they will not, directly or indirectly, provide, export, or re-export goods, software, and/or technology delivered under or in connection with this data provision to the Russian Federation and/or the Republic of Belarus or for use in the Russian Federation and/or the Republic of Belarus. The same applies to the sale, licensing, or other transfer of intellectual property rights or trade secrets as well as the granting of access or reuse rights to material or information protected by intellectual property rights or as trade secrets.
German law applies to all disputes arising from or in connection with the contractual relationship between the user and the data holder.