Terms and conditions / privacy policy Evertracker GmbH

Terms and conditions / privacy policy Evertracker GmbH


Purpose of the terms and conditions


  • Purpose of these Terms and Conditions is the provision of Evertracker Services by Evertracker GmbH, Lange Reihe 13, D-20099 Hamburg (Evertracker) for the customer.


  • The contract for the use of Evertracker Services (the contract) is concluded by sending an order confirmation by Evertracker to the customer. This order confirmation also lists the details of the use, such as, in particular, the duration of the contract. The order confirmation can be made without form, e.g. by e-mail.


  • These Terms and Conditions are an integral part of the contract


  • Terms and conditions of the customer or third parties do not apply, even if Evertracker does not object to their validity separately on a case-by-case basis. Even if the customer refers to a letter containing or referring to the terms and conditions of the customer or a third party, there is no agreement in it to the validity of those terms and conditions.


  1. Evertracker Services


  • The Evertracker Services to be rendered by Evertracker comprise of providing an online platform at the URL www.evertracker.com by means of which the Client shall be able to track the current and past locations of the tracking objects (the Evertracker Platform).


  1. Customer´s Cooperation Duties


  • The customer shall provide the following services for the use of the Evertracker Services:


  1. Entering the complete and accurate information requisite for use of the Evertracker Services (“required fields”) via the inquiry interface of the Evertracker Platform including, but not limited to, company name, name, and address of sender and recipient;


  1. Obtaining the consents required under applicable data protection law;


(2) The Customer shall be responsible for safeguarding the requirements of use between the Customer and Evertracker up to the transfer point (server output of Evertracker). This shall include, but not be limited to, safeguarding the technical system requirements and establishing the required internet connection. The Client shall comply with state of the art technical and organizational security standards. In particular, the Client shall assure that no viruses and/or malware enter Evertracker’s systems.

(3) The Customer shall not use the Evertracker Services for any illegal purposes and/or in context of air traffic. In particular, the Customer shall not use the Evertracker Services or GPS receivers for detecting the location of identifiable persons and/or to process personal data in any other way to the extent that such processing is not permissible under applicable data protection law.

(4) The Customer shall indemnify Evertracker from any third-party claims including, but not limited to, those of data protection authorities and data subjects under applicable data protection law, based upon any use of the Evertracker Services in breach of this Agreement.


  1. Fees


(1) The Customer shall pay to Evertracker the amount written in the order.

(2) Evertracker is entitled to claim payment independently of whether the Evertracker Services have actually been utilized by the Customer.

(3) The fee due for the yearly costs will be invoiced by Evertracker to the Customer with the confirmation of the Agreement.

(4) The fee due for other services and costs will be invoiced by Evertracker to the Customer as agreed in the order.

(5) The Customer shall pay to Evertracker the amount stipulated in the invoice within ten days of date of invoice.

(6) Any and all services of Evertracker shall be exclusive of any value added tax (Umsatzsteuer) applicable by law.


  1. Use of Evertracker Platform


(1) Evertracker shall grant the Customer the non-exclusive and non-transferrable right, limited to the Booking Period, to use the Evertracker Platform exclusively for the purpose of utilizing the Evertracker Services.

(2) The use of the Evertracker Platform shall be made available to the Customer during the Booking Period within a 24/7 time period with the exception of the servicing windows. Evertracker shall make the Evertracker Platform available to the Customer on the transfer date with availability of 98% per year. Evertracker shall reserve the right to disrupt services in order to perform scheduled as well as unscheduled emergency service work. Times in which service work is performed shall not qualify as outage periods within the meaning of the above terms governing availability.

(3) To the extent agreed upon by the Parties, utilizing the Evertracker Services shall be technically dependent upon the entering of a user login and password. Evertracker shall transmit to the Customer the relevant access authorization. The Customer shall at any time have the possibility of changing the password itself. User logins and passwords may be provided by the Customer only to persons authorized by it to receive such and are otherwise to be held in confidence.

(4) The Customer shall have to take necessary precautions for preventing the Evertracker Services from being used by unauthorized third parties; said duty shall include, but not be limited to, securing access data from access by third parties. The Customer shall notify Evertracker without undue delay, if there is suspicion that passwords, to the extent applicable, or other access information could have become known to unauthorized persons. It shall also be incumbent upon the Customer to monitor its staff. It shall be obligated, for its part, to obligate authorized users to comply, for their part, with the terms and conditions of the respective customer contract applicable to them.


  1. Customer Data


(1) In the course of utilizing the Evertracker Services, the Customer has the option to store data necessary for the performance of the Agreement on systems that are operated by Evertracker (the Customer Data)

(2) In this regard, Evertracker shall only be responsible for providing storage space for use by the Customer. The Customer shall be solely responsible for the observance of retention periods under applicable commercial and tax law.

(3) The Customer herby grants Evertracker the right to reproduce and to otherwise use the Customer Data stored by Evertracker for the Customer to the extent that such is necessary for rendering the Evertracker Services.

(4) Moreover, the Customer herby grants Evertracker the right to use the Customer Data – within and after the Booking Period – for purposes of improving the Evertracker Services.

(5) The Customer shall assure between its employees and other affected persons that it has the right and is in a position to grant Evertracker the Customer Data rights granted above.

(6) Upon the termination of this Agreement, Evertracker shall surrender to the Customer, upon request of the Customer, a copy of the Customer Data stored by the Customer with Evertracker. To the extent that the Customer demands such, Evertracker shall surrender the Customer Data at any time prior to the expiration of this Agreement in consideration of the reimbursement of the expenses affiliated therewith. The Customer Data shall be surrendered, with due consideration of the requirements of the Customer, on a typical data carrier or via data transmission in the data format in which the Customer Data are stored on the data server. The Customer shall issue this request at the latest within three months after the termination of this Agreement. Thereafter, the Customer’s right to request surrender of Customer Data shall expire.

(7) Evertracker shall have the right, but shall not be obligated, to delete any Customer Data in its possession fourteen days after the Customer Data have been transferred to the Customer in connection with the termination of this Agreement insofar as the Customer does not give notice within such time period that the Customer Data provided to it are not readable or not complete. The failure to give notice shall qualify as consent to delete the Customer Data.


  1. Representations and Liability


(1) Evertracker shall be obligated to perform the Evertracker Services with the care and diligence of a professional and business person to the best of its knowledge.


(2) Evertracker hereby advises that the location identification does currently not enable a 100% location; it merely shows the approximate location of the tracking object as such is required for the contractually compliant use of the Evertracker Services. In addition, Evertracker hereby advises that the signal required for the use of the Tracking Services may, depending on the location, be interrupted from time to time, for example in specific buildings.


(3) With the exception of willful misconduct (Vorsatz), the liability of Evertracker, regardless of what the reason therefor may be, shall be limited in each contract year to the amount of the fees paid by the Customer to Evertracker in the affected contract year.


  1. Non-disclosure Covenant


(1) Evertracker shall hold in strict confidence all business processes it learns of, including the Customer Data.

(2) The non-disclosure duty shall have an unlimited term beyond the term of this Agreement.

  1. Term and Termination

(1) This Agreement shall be entered into for one year starting with the agreed starting date (Booking Period).

(2) Subsequently, the Booking Period shall extend automatically by consecutive one year periods unless terminated in writing by either Party with three months’ notice to the end of the Initial Term or any extension term of the Booking Period.


  1. Final Provisions


(1) Amendments to and restatements of this Agreement, including any covenant for rescinding this written-form requirement, shall require the written-form (Schriftform).

(2)Should any provision of this Agreement be or become ineffective, then such shall not affect the validity of the remainder of this Agreement. Any ineffective provision should be superseded by terms coming as close as possible to the intentions of the Parties and within the scope of the legally possible. The same shall apply in the event that this Agreement proves to contain any loopholes.

(3)The exclusive venue for all disputes between the Parties arising from or in conjunction with this Agreement shall be Hamburg, Germany. This Agreement shall be governed by German law without reference to the German rules on conflicts of law.

Privacy policy

The following privacy policy applies to the collection of personal data on our website:


  1. Name and contact details of the controller and the company data protection officer


This Privacy Policy applies to data processing by:

Responsible: Evertracker GmbH (Evertracker), Lange Reihe 13, 20099 Hamburg, Email: info@evertracker.com, Phone: +49.40.28057930


  1. Collection and storage of personal data as well as the nature and purpose of the processing


  1. When visiting the website

When you visit our website at www.evertracker.com or www.evertracker.de, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and is stored for the duration of visit:


  • IP address of the requesting computer,
  • date and time of access,
  • name and URL of the retrieved file,
  • Website from which access is made (referrer URL),
  • Website that is accessed through our website;
  • the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.


The information mentioned are processed by us for the following purposes:

  • ensuring a smooth connection of the website,
  • ensuring comfortable use of our website,
  • Evaluation of system security and stability as well
  • for further administrative purposes.


The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the data collection purposes listed above. In no case we use the collected data for the purpose of drawing conclusions about you.

In addition, we use cookies and analysis services when visiting our website. Further details can be found in sections 4 and 5 of this privacy policy.


  1. Newsletter

If, pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO have expressly consented, we use your e-mail address to regularly send you our newsletter. For the receipt of the newsletter the indication of an e-mail address is sufficient.

We use the list provider MailChimp to send our newsletter. MailChimp is an offer from The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318. MailChimp is certified under the US-EU Privacy Shield, and is committed to comply with data protection requirements. Furthermore, we have concluded a contract with MailChimp for data processing.

The data stored during registration for the newsletter will be transmitted to MailChimp and stored by MailChimp. To other third parties, the data entered during registration will not be transmitted. After registering, MailChimp will send you an e-mail to confirm your registration. MailChimp then uses the data transmitted to send and evaluate the newsletters on our behalf. Furthermore, MailChimp may, according to its own information, use this data to optimize or improve its own services, e.g. for the technical optimization of the shipping and the presentation of the newsletter or for economic purposes, to determine from which countries the recipients come. Furthermore, MailChimp offers various analysis options on how to open and use the sent newsletters, e.g. how many users sent an e-mail, whether e-mails were rejected, and whether users logged out of the list after receiving an e-mail. However, these analyzes are only group-related and are not used by us for individual evaluation. MailChimp also uses the Google Analytics analytics tool from Google, Inc. and may include it in the newsletters. Further details on Google Analytics can be found in this privacy policy under section 5.a. You can view the privacy policy of MailChimp here https://mailchimp.com/legal/privacy/.

The deregistration is possible at any time, for example via a link at the end of each newsletter. Alternatively, you can send your unsubscribe request at any time to Email: info@evertracker.com by e-mail. Other than the transmission costs according to the basic rates do not arise here.

The data required for sending the newsletter will be deleted as soon as they are no longer necessary for the purpose of their collection and unless another legal basis for further processing applies. Your e-mail address will therefore only be stored for the purpose of sending the newsletter until you revoke your consent.


  1. By using our contact form and e-mail contact

For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. It is necessary to provide a valid e-mail address so that we know who the request came from and to answer it. Further information can be provided voluntarily.

Alternatively, contact via the provided e-mail address is possible. In this case, the personal data transmitted by e-mail will be stored by you.

The legal basis of the data processing for the purpose of establishing contact is Art. 6 para. 1 lit. f DSGVO. If the establishment of contact aims at concluding a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

The personal data collected from us will be deleted after completion of the request you have made.


  1. Online platform for the use of Evertracker services

On our website, we offer you the opportunity to sign up with specific user data in order to use the Evertracker services you use as part of an online platform. The user data will be provided to you as part of the individual order of the Evertracker services. A transfer of data to third parties does not take place. The following data is collected during the use of the online platform:

IP address of the requesting computer,

  • date and time of access,
  • name and URL of the retrieved file,
  • Website from which access is made (referrer URL),
  • Website that is accessed through our website;
  • the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The data mentioned are processed by us for the following purposes:

  • ensuring a smooth connection of the website,
  • ensuring comfortable use of our website,
  • Evaluation of system security and stability as well
  • for further administrative purposes.


The legal basis of data processing for the purpose of making available and using the online platform is Art. 6 para. 1 sentence 1 lit. b DSGVO, because data use is necessary to fulfill the desired contract.

At your request, we will delete your access to the online platform again. Until then we will save the corresponding data without any time limit, so that you have access to it at any time. After the withdrawal of the Evertracker services, we will delete the data after expiration of the statutory retention periods.


  1. Disclosure of data

We only pass on your personal data to third parties (recipients) if:

  • They are required under Art. 6 para. 1 sentence 1 lit. a DSGVO have given your express consent for one or more specific purposes,
  • disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
  • in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO is a legal obligation, as well
  • this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b DSGVO is required for the settlement of contractual relationships with you.
  • We have the data managed in accordance with Art. 28 DSGVO on behalf of the customer.


A transfer of your personal data for purposes other than those just listed does not take place.


  1. Cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software.


These cookies store information, which result from the connection with the specific device used. However, this does not mean that we are immediately aware of your identity.


On the one hand, the use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our website. In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time. If you visit our website again to use our services, it will automatically recognize that you have already been with us and what inputs and settings you have made, so you do not have to re-enter them. On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer (see Section 5). These cookies enable us to automatically recognize when you visit our website again that you have already been with us. These cookies are sometimes deleted automatically after the end of a logon session and sometimes stored indefinitely.

The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the data collection purposes listed above. In no case we use the collected data for the purpose of drawing conclusions about you.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or always a hint appears before a new cookie is created. However, disabling cookies completely may mean that you can not use all features of our website.


  1. Analysis Tools

The tracking measures listed below and used by us are based on the legal basis of Art. 6 para. 1 sentence 1 lit. f DSGVO. With the tracking measures to be used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as justified within the meaning of the aforementioned provision.

The respective data processing purposes and data categories can be found in the corresponding tracking tools in this section.


  1. Google Analytics

For the purpose of the needs-based design and continuous optimization of our websites, we use Google Analytics, a web analysis service of Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. In this context, pseudonymised usage profiles are created and cookies (see under 4) are used. The information generated by the cookie about your use of this website such as

  • browser type / version,
  • used operating system,
  • Referrer URL (the previously visited website),
  • host name of the accessing computer (IP address),
  • time of server request,
  • campaign tracking – analysis of the user’s origin,


will be transferred to and stored on Google servers in the United States as part of the agreement to the contract data agreement we have signed with Google. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and tailor-made website design. This information may also be transferred to third parties if required by law or if third parties process this data in the order. Under no circumstances will your IP address be merged with any other data provided by Google. The IP addresses are anonymized, so that an assignment is not possible (IP masking). Sessions and campaigns stop after a certain amount of time. By default, sessions will end after 30 minutes of no activity and campaigns after six months. Campaign timeout can be a maximum of two years.

You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all features of this website may be fully exploited.


You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can prevent Google Analytics tracking by clicking on this link <a href=”javascript:gaOptout()”> Click here to opt out of Google Analytics </a>). An opt-out cookie will be set that will prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

For more information about privacy related to Google Analytics, see the Google Analytics Help Center (https://support.google.com/analytics/answer/6004245?hl=en).


  1. Conversion Tracking

No tools for conversion tracking, so-called pixels, from third-party providers are used on this website.


  1. Google Maps

On this website we use the offer of Google Maps. This map service is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. For technical reasons, the display of the map material may require that Google, as the provider of the content, registers the IP address of the users. Google receives the information that you have accessed the corresponding subpage of our website. This happens regardless of whether you are logged in to Google in your user account. When you’re logged in to Google, your data will be assigned directly to your account. The Terms of Use for Google Maps can be found here https://www.google.com/intl/de_de/help/terms_maps.html and privacy settings can be found here http://www.google.com/intl/en/policies/privacy.


  1. Rights of persons affected


You have the right:

  • in accordance with Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you can provide information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a The right to complain, the source of their data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
  • in accordance with Art. 16 DSGVO, immediately demand the correction of incorrect or complete personal data stored with us;
  • in accordance with Art. 17 DSGVO, to demand the deletion of your personal data stored by us, unless the processing for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of Legal claims is required;
  • to demand the restriction of the processing of your personal data according to Art. 18 GDPR, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, but you assert this, Exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
  • in accordance with Art. 20 DSGVO, to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;
  • according to Art. 7 para. 3 DSGVO, to revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future and
  • to complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.


  1. Right of objection


If your personal data are based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO are processed, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 DSGVO, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.

If you would like to exercise your right of revocation or objection, please send an e-mail to info@evertracker.com.


  1. Data Security

We use the popular SSL (Secure Socket Layer) method on our website, in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we’ll use 128-bit v3 technology instead. Whether an individual website of our website is encrypted is indicated by the closed representation of the key or lock symbol in the bottom status bar of your browser.

We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.


  1. Updating and changing this privacy policy

As a result of the further development of our website and offers thereof or due to changed legal or official requirements, it may be necessary to change this privacy policy. The current data protection declaration can be viewed and printed by you at any time on the website at https://www.evertracker.de/data-policy.



A:  Evertracker GmbH
Lange Reihe 13
20099 Hamburg

E:  info@evertracker.com

T:  +49.40.28057930

Authorized representative and managing director

Marc Schmitt
Peter Lindqvist

District court Hamburg


HRB 133642
VAT No. DE297108307


Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.