terms of service and privacy policy

Terms of Service

The following terms and conditions govern all use of the self-hosted GitLab instance at gitlab.sauerburger.com and GitLab Pages hosted as subdomains of sauerburger.io (collectively, the “Website” or “Websites”), which are owned and operated by Frank Sauerburger IT (“we” or “us”), including all content, services and support packages provided via the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, procedures that may be published from time to time on this Website by us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of the services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

1. Ownership

Ownership, copyright, and title of any software that is developed by GitLab shall at all times remain with GitLab. Ownership, copyright, and title of any software that is developed by us shall at all times remain with us. You shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any parts thereof. We do not claim any ownership rights to the information that you submit to the Website itself, your code is yours.

2. Your Account and Website

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify us of any unauthorized use of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Acceptable Use of Your Account and the Website

By accepting this Agreement, you agree not to use, encourage, promote, or facilitate others to use, the Website or your account in a way that is harmful to others ("Acceptable Use"). Examples of harmful use include, but are not limited to, engaging in illegal or fraudulent activities, infringing upon others' intellectual property rights, distributing harmful or offensive content that is defamatory, obscene, abusive, an invasion of privacy, or harassing, violating the security or integrity of any computer, network or communications system, and taxing resources with activities such as cryptocurrency mining.

3. Responsibility of Website Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. You are encouraged to report any violations of our Acceptable Use requirements to us.

4. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this website links, and that link to this website. We do not have any control over those external websites and webpages, and are not responsible for their contents or their use. If links are set by us, we ensure, to an extent possible to us as a third party, that the linked content doesn't violate applicable law at the time of setting the link. By linking to an external website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites and webpages.

5. Copyright Infringement

As we ask others to respect its intellectual property rights, we respects the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us.

6. Data Privacy

You shall ensure that any and all information or data, including without limitation, personal data, used by you in connection with the Agreement (“User Data”) is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws (as defined below) and that it has all obtained all necessary authorizations and consents from any data subjects to process User Data. If applicable, you shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of User Data. You shall immediately inform use upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to User Data (a “Security Incident”) and to cooperate with us in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto. If required by Applicable Data Protection Laws, the parties will enter into standard contractual clauses under GDPR (as defined below) for the transfer of any User Data outside of the European Union. For purposes hereof: (a) "Applicable Data Protection Laws" means any applicable laws, statutes or regulations as may be amended, extended or re-enacted from time to time which relate to personal data including without limitation (i) prior to 25 May 2018, the EU Data Protection Directive 95/46/EC as transposed into EU Member State law; (ii) from and after 25 May 2018, GDPR and any EU Member State laws implementing the GDPR; and (iii) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive and (b) "GDPR" means the Regulation (EU) 2016/679 of the European Parliament and of the Counsel of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

As part of your voluntary contribution to any project, by agreeing to these terms, you are acknowledging and agreeing that your name and email address will become embedded and part of the repository, which may be publicly available. You understand the removal of this information would be impermissibly destructive to the project and the interests of all those who contribute, utilize, and benefit from it. Therefore, in consideration of your participation in any project, you understand that retaining your name and email address, as described above, does not require your consent and that the right of erasure, as spelled out in the GDRP Article 17 (1) b does not apply. The legal basis for our lawful processing of this personal data is Article 6 (1) f ("processing is necessary for the purposes of the legitimate interests pursued by the controller").

7. Intellectual Property

This Agreement does not transfer to you any GitLab or other third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GitLab. GitLab, the GitLab logo, and all other trademarks, service marks, graphics and logos used in connection with GitLab, or the Website are trademarks or registered trademarks of GitLab B.V. or GitLab's licensors. GIT is a trademark of Software Freedom Conservancy and our use of "GitLab" is under license. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GitLab or other third-party trademarks.

8. Changes

We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. We may also, in the future, remove features at any time without warning.

9. General Representation

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the EU or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

10. Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply discontinue using the Website or delete user account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Limitation of Liability

In no event will we or any of our affiliates, our suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any damages whatsoever. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. Indemnification

You agree to indemnify and hold harmless us, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of this Website, including but not limited to your violation of this Agreement.

13. Disclaimer of Warranty

The Website is provided "as is". We and our affiliates, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

14. Partial Invalidity

If any provision of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

15. Failure to Enforce

The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.

16. Governing law

This Agreement shall be governed by and interpreted in accordance with the laws of the Federal Republic of Germany.

This agreement is based on the terms of Use of GitLab.com which is published under a creative commons license (CC BY-SA 4.0). As a result, this privacy statement is released under the creative commons Attribution-ShareAlike 4.0 International license. Your use of this information does not create an attorney-client relationship between you and us. We are not a law firm. These policies and procedures may not suit your organization's needs. Please consult a lawyer if you want to adopt these policies for your own uses.

Privacy Policy

This privacy policy ("Privacy Policy") applies to all visitors and users ("you") of the self-hosted GitLab instance at gitlab.sauerburger.com and GitLab Pages hosted as subdomains of sauerburger.io (collectively, the “Website” or "Websites"), which are offered by Frank Sauerburger IT ("we" or "us"). Please read this Privacy Policy carefully. By accessing or using any part of the Websites, you acknowledge you have been informed of and consent to our practices with regard to your personal information and data. The term "GitLab.com" is used collectively for the website at GitLab.com and the corporation GitLab Inc.

The short version

We collect your information only with your consent; we only collect the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us; we don't sell it to third parties; and we only use it as this Privacy Policy describes. The data are processed within the EU.

Many portions of the Website, including information you voluntarily provide, will be public-facing for the open sharing of innovative developments, ideas, and information that makes our collaborative community so great. While we are committed to open sharing, we strive to respect the privacy of individual community members and will minimize the information we collect and share. If you do not want to share your information, including personally identifiable information, with other community members and the public, please be thoughtful as to how you interact with the Website and what information you provide through the the Website (for example, through creating a public profile, project contributions, comments, and blog posts).

Of course, the short version doesn't tell you everything, so please read on for more details!

What information we collect and why

Information from website browsers

If you're just browsing the website, we collect the same basic information that most websites collect. We use common internet technologies, such as cookies and web server logs. This is stuff we collect from everybody, whether they have an account or not.

The information we collect about all visitors to our website includes the visitor's browser type, language preference, referring site, additional websites requested, and the date and time of each visitor request. We also collect potentially personally-identifying information like Internet Protocol (IP) addresses.

Why do we collect this?

We collect this information to monitor and protect the security of the website.

Information from users with accounts

If you create an account via the sign-up form or via the "Sign in with GitHub.com/GitLab.com" links (neither option could be available at the moment), we require some basic information at the time of account creation. You will create your own username and password, and we will ask you for a valid email account and your full name. You also have the option to give us more information if you want to, and this may include "User Personal Information". If you use the "Sign in with GitHub.com/GitLab.com" buttons, the selected authentication provider, GitHub.com or GitLab.com, will ask your permission to share the basic information required for account creation with the Website.

"User Personal Information" is any information about one of our users which could, alone or together with other information, personally identify him or her. Information such as a username and password, an email address, a real name, and a photograph are examples of "User Personal Information."

User Personal Information does not include aggregated, non-personally identifying information. We may use aggregated, non-personally identifying information to operate, improve, and optimize our website and service.

Why do we collect this?

We need your User Personal Information to create your account, and to provide the services you request. We use your User Personal Information, specifically your username, to identify you the Website.
We use it to fill out your profile and share that profile with other users if you ask us to.
We will use your email address to communicate with you if you've said that's okay, and only for the reasons you've said that's okay. Please see our section on email communication for more information.
We limit our use of your User Personal Information to the purposes listed in this Privacy Policy. If we need to use your User Personal Information for other purposes, we will ask your permission first. You can always see what information we have, how we're using it, and what permissions you have given us in your user profile.

Bases for Processing Your Information

Performance of a contract. The use of your information may be necessary to perform the contract that you have with us. For example, if you use the Website to contribute to a project, create a profile, post and comment through the Website, or request information through the Website, we will use your information to carry out our obligation to complete and administer that request.

Legitimate interests. We use your information for our legitimate interests, such as to provide you with the best content through the Website and communications with users and the public, to improve our products and services, and for administrative, security, fraud prevention and legal purposes.

What information the Website does not collect

We do not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although the Website does not request or intentionally collect any sensitive personal information, we realize that you might store this kind of information in your account, such as in a repository. If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers, which are in the EU.

We do not intentionally collect information that is stored in your repositories or other free-form content inputs. Information in your repositories belongs to you, and you are responsible for it, as well as for making sure that your content complies with our Terms of Service. We do not access private repositories unless required to for security or maintenance, or for support reasons, with the consent of the repository owner.

If your repository is public, anyone (including us) may view its contents. If you have included private or sensitive information in your public repository, such as email addresses, that information may be indexed by search engines or used by third parties. In addition, we do not generally search for content in your repositories.

If you're a child under the age of 16, you may not have an account on the Website. The Website does not knowingly collect information from or direct any of our content specifically to children under 16. If we learn or have reason to suspect that you are a user who is under the age of 16, we will, unfortunately, have to close the child's account. Please see our Terms of Service for information about account termination.

How we share the information we collect

We only disclose potentially personally-identifying and personally-identifying information to those of our employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide services available on the Website, and (ii) that have agreed not to disclose it to others.

We will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to our employees, contractors, and affiliated organizations, as described above, we disclose potentially personally-identifying and personally-identifying information only when required to do so by law, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of us, third parties, or the public at large.

We take measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

Public Information on our Website

Much of the Website is public-facing. If your content is public-facing, third parties may access and use it in compliance with our Terms of Service. We do not sell that content; it is yours. However, we do allow third parties, such as research organizations or archives, to compile public-facing information.

Your Personal Information, associated with your content, may be gathered by third parties in these compilations of data. If you do not want your Personal Information to appear in third parties' compilations of data, please do not make your Personal Information publicly available and be sure to configure your email address to be private in your user profile.

How we communicate with you

If you are a registered user of the Website and have supplied your email address, we may occasionally send you an email to tell you about security, system information, new features, solicit your feedback, or just keep you up to date with what's going on at the Website. We will send emails to you about activities on the Website, such as merge requests, comments or pipeline events if you have subscribed to receive such notifications. There's a link to manage notifications located at the bottom of each of the notification emails we send you so you can stop receiving such emails at any time.

Cookies

The Website uses cookies to make interactions with our service easy and meaningful. We use cookies (and similar technologies, like HTML5 localStorage) to keep you logged in, remember your preferences.

A cookie is a small piece of text that our web server stores on your computer or mobile device, which your browser sends to us when you return to our site. Cookies do not necessarily identify you if you are merely visiting the Website; however, a cookie may store a unique identifier for each logged in user. The cookies the Website sets are essential for the operation of the website or are used for performance or functionality. Visitors who do not wish to have cookies placed on their computers may set their browsers to refuse cookies before using the Websites. Disabling browser cookies may cause certain features of our websites to not function properly.

How we secure your information

We take all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

Privacy Practices

Information we collect will be stored and processed in the EU in accordance with this Privacy Policy. For all Website visitors and users, we will:

provide clear methods of unambiguous, informed consent when we do collect your personal information;
only collect the minimum amount of personal data necessary for the purpose it is collected for, unless you choose to provide us more;
offer you simple methods of accessing, correcting, or deleting your information that we have collected, with the exception of information you voluntarily provide that is necessary to retain as is for the integrity of our project code as described further below; and
provide Website users notice, choice, accountability, security, and access, and we limit the purpose for processing. We also provide our users a method of recourse and enforcement.

If you are located in the European Union, you are entitled to the following rights with regard to your personal information and data:

Right of access to your personal data, to know what information about you we hold
Right to correct any incorrect or incomplete personal data about yourself that we hold
Right to restrict/suspend our processing of your personal data
Right to complain to a supervisory authority if you believe your privacy rights are being violated

Additional rights that may apply to you in certain instances:

Right of data portability (if our processing is based on consent and automated means)
Right to withdraw consent at any time (if processing is based on consent)
Right to object to processing (if processing is based on legitimate interests)
Right to object to processing of personal data for direct marketing purposes
Right of erasure of your personal data from our system ("right to be forgotten") if certain grounds are met

To exercise your privacy rights, you can email us at the address given below in the "Contacting us about your privacy" section of this Privacy Policy.

Data Retention and Deletion

If you already have an account on the Website, you may access, update, alter, or delete your basic user profile information by logging into your account and updating profile settings.

We will retain your information for as long as your account is active or as needed to perform our contractual obligations, provide you services through the Website, to comply with legal obligations, resolve disputes, preserve legal rights, or enforce our agreements.

We may retain certain User Personal Information indefinitely unless you delete it or request its deletion. For example, we don’t automatically delete inactive user accounts, so unless you choose to delete your account, we will retain your account information indefinitely.

Please note that due to the open source nature of our products, services, and community, and due to the data model of Git, we may retain limited personally-identifiable information indefinitely. For example, if you provide your information in connection with a comment, we may display that information even if you have deleted your account as we do not automatically delete community posts. Also, as described in our Terms of Service, if you contribute to project on the Website and provide your personal information in connection with that contribution, that information (including your name) will be embedded and publicly displayed with your contribution and we will not be able to delete or erase it because doing so would break the project code.

Contacting us about your privacy

If you have questions or concerns about the way we are handling your information or would like to exercise your privacy rights, please email us at info@sauerburger.com or write a letter to

Frank Sauerburger IT
Wattwiller Str. 6
79241 Ihringen
Germany

We will respond within 30 days of receiving your message at the latest but please note for promptest response, we recommend emailing us.

Privacy Policy Changes

Although most changes are likely to be minor, we may change our privacy policy from time to time, and in our sole discretion. We will provide notification to users who have provided us email addresses of material changes to this Privacy Policy through our website prior to the change taking effect by posting a notice on our home page or sending email to the email address specified in your account. We encourage visitors to frequently check this page for any minor changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

This privacy statement is based on the privacy statement of GitLab.com which is published under a creative commons license (CC BY-SA 4.0) and on the privacy statement of GitHub.com which is published under a creative commons license (CC0). As a result, this privacy statement is released under the creative commons Attribution-ShareAlike 4.0 International license. Your use of this information does not create an attorney-client relationship between you and us. We are not a law firm. These policies and procedures may not suit your organization's needs. Please consult a lawyer if you want to adopt these policies for your own uses.