Scope  

  1. These terms of sale apply to companies, corporate bodies governed by public law and special funds governed by public law. All services and goods are exclusively subject to the terms and conditions stated here. A partner’s terms of business have no validity unless we have explicitly accepted them.  

General regulations   

  1. The contract partners will confirm verbal agreements in writing without delay.   
  2. Offers are subject to change. Orders are not binding until we have issued an order confirmation. Our written order confirmation constitutes a binding contract, for goods that are to be specially manufactured. This shall also apply in the case of orders where clarification is still required that could have an effect on delivery times and prices.   
  3. The information and visual depictions in brochures and catalogues are customary approximations, unless we explicitly state otherwise and confirm they are binding.  

Long-term contracts, call-off purchase agreements, and price adjustments   

  1. Unlimited contracts are subject to six months’ notice.   
  2. Should there be substantial changes to labour, material or energy costs, in cases of long-term contracts (contracts with a term of more than six months, or unlimited contracts), then each contractual partner is entitled to demand an appropriate price adjustment that takes the factors listed above into consideration.   
  3. Unless a binding order quantity has been agreed upon, our calculation will be based on the non-binding order quantity (target quantity) expected by our partner within a certain timeframe. If the partner does not take delivery of the target quantity, we are entitled to increase the price per piece appropriately. Should the partner take delivery of more than the target quantity, then the price per piece will be reduced accordingly as appropriate, provided that the partner has declared the increase in demand at least 3 months prior to delivery.   
  4. In the case of call-off purchase agreements, binding quantities are to be disclosed at least 2 months prior to delivery date unless agreed otherwise. Extra costs incurred by the partner because of a delayed on call order or subsequent changes to the on call order with regard to time and quantity must be carried by the partner; our calculation is decisive.   

Confidentiality  

  1. Both parties to the contract will treat confidentially all documents (these also include samples, models and data) and information that have come into their possession in the course of their business relationship. Each party will use the other party’s documents and information only for matters of joint or mutual interest and treat them with the same care and level of confidentiality as their own documents. This applies to documents that the other partner refers to as confidential, or where it is obvious that their non-disclosure is in the other partner’s interest. This obligation begins as soon as any document has been handed out or information has been disclosed, and ends 36 months after the business relationship has come to an end.  
  2. This obligation does not extend to (or apply to) the following documents and information: those already in the public domain, or those already known to the contractual partner at the time of transmission, but not subject to any previous confidentiality agreement or obligation; or those that were subsequently transmitted by a third party authorized to do so, or werecreated by the recipient party without recourse to or use of confidential documents or information in the possession of the other contractual party.   

Technical drawings and descriptions  

  1. Should a contractual party put drawings, or other technical documents relating to the delivered goods or the way they are manufactured, at the partner’s disposal, then these remain the property of the partner that has provided them.  

Samples and tools   

  1. The costs incurred for manufacturing samples and production material (tools, forms, templates, etc.) will, if not otherwise stipulated, be invoiced separately. This also applies to production material that must be replaced due to wear and tear.   
  2. The costs for servicing and correct storage, as well as the risk of damage to or destruction of the production materials, will be borne by us.   
  3. Should the partner discontinue or terminate the cooperation while samples and production materials are being produced, he is liable to pay for all the accrued manufacturing costs to date.   
  4. The production materials will remain in our possession until the delivery contract has been fulfilled; this also applies if the partner has paid for the materials. Thereafter the partner may request the production materials if a mutual and amicable agreement as to the time point for the handover has been reached, and the partner has fulfilled his contractual obligations in full.   
  5. We will store the production material free of charge for a period of three years after the last delivery to our partner. Thereafter we will ask the partner, in writing, to express his intentions regarding the future use of the materials within six weeks. Our obligation to store these materials ends after this period of six weeks should the partner not have expressed his intentions or placed a subsequent order.  
  6. Production materials that we have made for a particular partner may only be used for supplying third parties if previously agreed upon in writing by the original partner.  

Prices   

  1. Our prices are quoted in euros exclusive of VAT, packaging, freight, postal charges and insurance fees.   

Payment conditions  

  1. Invoices must be paid within 30 days from the date stated on the invoice.   
  2. Should we deliver part of an order containing indisputably faulty goods, the partner is still obliged to pay for the remaining goods in the order, unless the partial delivery is to no further avail to him. Incidentally, the partner may only offset claims when these are legally determined and undisputed.   
  3. In the case of overdue payments, we are authorized to charge interest according to the rate that the bank charges for the overdraft on our current account. This is at least 8 percentage points above the respective current base rate at the European Central Bank.   
  4. In case of late payments we are, after notice in writing to our partner, entitled to withhold our obligations until acquittance of all debts.   
  5. Bills of exchange and cheques will only be accepted on agreement and on account of payment and under the premise that they are eligible. Discount charges will be calculated from the date the payment is due. A guarantee for the timely submission of the B/E and cheques and for the charge on bill protest is excluded.   
  6. If, after the conclusion of the contract, we determine that our payment claims are at risk because of performance ambiguity on the part of the partner, we shall be entitled to withhold delivery; we shall also have the right to determine an appropriate time limit during which the partner partakes in delivery versus payment or can provide security. Should the partner disclaim or not meet the time limit, we shall be entitled to withdraw from the contract and claim for damages.  

Delivery conditions   

  1. Unless agreed otherwise, our delivery terms are ex works. Decisive for adherence to the delivery date or deadline is the confirmation of dispatch and/or availability for collection from our side.   
  2. The period of delivery begins when our order confirmation has been sent out and can be extended accordingly if and when the conditions in clause 55 should arise.   
  3. Partial deliveries are acceptable to a reasonable extent. These will be billed separately.   
  4. Excess or short deliveries are permitted within a 10 percent tolerance of the total order quantity if the difference results from technical or production causes. The total price will therefore also change accordingly.   

Dispatch and transfer of risk  

  1. The partner is obliged to immediately take delivery of goods that are confirmed as ready for dispatch. Otherwise we are entitled to either dispatch these goods at our own discretion or store them at our partner’s expense and risk.   
  2. Delivery free site always means delivered by lorry at ground level on streets accessible for lorries. The buyer is responsible for the unloading and the transport to the application site or the loading point. In case of delay in this respect, the buyer bears the costs and risk for unloading, stacking, storing and return transport. The consignee, who at the unloading point acts on behalf of the buyer, is held authorised to take binding receipt of the delivery.   
  3. In the absence of special agreement, we shall choose the means and route of transportation. As soon as the goods are transferred to the railway or the forwarder or at the beginning of the storage period, but at the latest when the goods leave the plant or the place of storage, the risk is transferred to the partner. This applies even if we have undertaken the delivery ourselves.  

Default in delivery   

  1. If we can foresee that the goods cannot be delivered in due time, we will notify the partner in writing without delay, explain to him the reasons for the delay as well as state the estimated delivery date if possible.   
  2. If the delay results from one of the circumstances under clause 55 or from an action or an omission on the part of the partner, an adequate extension of the delivery period will be allowed for.   
  3. The partner is only entitled to withdraw from the contract if we are to be held liable for the failure to deliver in due time and the partner has, without success, given us an adequate extension of time.  

Retention of title  

  1. The retention of title of the delivered goods remains with us until all receivables from the business relationship with our partner have been fulfilled.   
  2. The partner is entitled to sell these goods in the ordinary course of business as long as he fulfills his obligations from our business relationship in due time. However, the partner must not use the products delivered under the retention of title as a pledge or as security.  The partner is obliged to ensure our rights when reselling on credit the products delivered under the retention of title.   
  3. In case of breach of duty on part of our partner, especially if payment is delayed, and provided that an appropriate deadline set by us has been passed without success, we are entitled to withdraw from the contract and to repossess the products delivered under the retention of title. Statutory requirements regarding the dispensability of the setting of a deadline remain unaffected. The partner is obliged to surrender the goods. We are entitled to withdraw from the contract if a request to open insolvency or bankruptcy proceedings against the partner’s assets is issued.   
  4. All the claims and rights resulting from the sale or possible permitted hiring out of goods, under our retention of title are assigned to us for security with immediate effect. We hereby accept the assignment.   
  5. A possible further treatment or processing of the products delivered under the retention of title will be performed for us by the partner. In cases where the products delivered under the retention of title are being processed with items not owned by us or inseparably mixed with such items, we acquire co-ownership of the resulting items. The level and value of co-ownership will be determined by the proportion of the invoice value of the products delivered under the retention of title to the value of the other processed or mixed items at the time of the processing or mixing. In case our goods are combined with other movable items into a unitary item or inseparably mixed and the other item is considered to be the main item, our partner transfers to us proportional co-ownership, in as far as the main item is in his possession. He keeps the ownership or the co-ownership for us. In all other respects, the provisions applying to the products delivered under the retention of title also apply to the item resulting from the treatment, processing or mixing.   
  6. The partner is obliged to inform us immediately if there are third party enforcements upon the products delivered under the retention of title, claims ceded to us or other securities. He is obliged to hand over all documents necessary to enable us to intervene. This also applies to all other impairments.   
  7. If the value of existing securities exceeds the secured receivables by more than 20 percent in total, we are insofar obliged to release securities of our choice following a request by our partner.   

Defect of quality  

  1. The condition of the product is based exclusively on the technical delivery specifications agreed upon. If we are obliged to deliver according to drawings, specifications, samples, etc. provided by our partner, he takes the risk for the product’s suitability to fulfill the intended use. Decisive for the product’s contractual condition is the moment of transfer of risk as stated in clause 31.   
  2. We are not responsible for defects caused by improper or incorrect use, faulty assembly or start-up by the partner or a third party, common wear and tear and faulty or careless handling. Furthermore we are not responsible for the consequences of incorrect changes or repairs that are carried out without our prior consent by our partner or a third party. These provisions also apply to defects that only reduce the value or suitability of the product insignificantly.   
  3. Rights to claim damages from defects lapse after 24 months. This does not apply insofar as there are longer binding statutory periods, especially regarding defects on a building or a product which is commonly used for a building and causes defects in this building.   
  4. If the product or an initial sample has officially passed inspection, then any faults the partner might have detected, if final inspection or the initial sample’s inspection had been diligently conducted, are excluded.   
  5. We must be allowed to inspect the notified defect. Upon request, queried goods must immediately be sent to us; we will bear the costs for the transport if the notice of defect is justified. If the partner does not comply with these obligations or if he makes modifications to the already queried goods without our approval, he will forfeit his claims from defects.   
  6. If the notice of defect is justified and has been made in due time, we will either repair the queried product or deliver proper replacement.   
  7. If we do not comply with these obligations, or do not comply according to our contractual obligations and within an adequate time, the partner can set us a final deadline in writing. If we do not fulfill our obligations during the last deadline, the partner is entitled to either demand price reduction or he can withdraw from the contract or arrange for the necessary repairs to be made by him or a third party. We will bear the costs and risk for those repairs. A refund for costs resulting from relocation of the product after delivery is excluded, unless this conforms to the product’s intended use.   
  8. Our partner’s statutory contribution claims exist only insofar as he has not agreed with his purchaser upon provisions exceeding statutory claims for defects. In addition, the last sentence in clause 48 applies accordingly.   

Other claims, liabilities  

  1. As far as the following provisions do not state otherwise, any additional claims made by the partner are excluded. This applies particularly to claims for damages resulting from the breach of contractual duty and from tort. Therefore we cannot be held liable for damages other than damages in the product itself. Under no circumstances can we be held liable for loss of profit or any other financial loss incurred by the partner.   
  2. Aforesaid limitations of liability do not apply in the case of intent, gross negligence committed by our legal representatives and executive employees, or culpable violation of essential contractual duties. In the case of culpable violation of essential contractual duties, the liability is limited to damages reasonably foreseeable and typical for this type of contract except in the cases of intent and gross negligence committed by our legal representatives and executive employees   
  3. The limitation of liability is also inapplicable in cases governed by Product Liability Acts, i.e. when a defect in the product causes injury to person or property damage in privately used items. Neither does it apply in case of injuries to life, body and health, or in the case of missing express or implied characteristics if and insofar as the purpose of the representation of express or implied characteristics was to protect the partner against damages that do not affect the delivered product itself.   
  4. Insofar as our liability is excluded or limited, the exclusion or limitation also applies to the personal liability of our employees, workers, members of staff, legal representatives and vicarious agents.   
  5. Statutory regulations regarding the onus of proof remain unaffected.  

Force majeure   

  1. Force majeure, industrial dispute, riots, regulatory actions, the absence of supplies from our suppliers and miscellaneous unforeseeable, inevitable and dire events free the contractual partners from their contractual duties for the duration of the disturbance and according to the volume of its effect. This provision applies even if the events occur in a moment when the affected partner is in default, unless he caused the default intentionally or was grossly negligent. The contractual partners are obliged to immediately disclose all necessary information within reasonable limits and to adapt their duties to the best of their knowledge and ability according to the varied circumstances.  

Place of fulfillment, court of jurisdiction, and applicable law   

  1. Notwithstanding differing provisions in the order confirmation, our business location is the place of fulfillment   
  2. Our business location is court of jurisdiction for all legal disputes including B/E and cheque disputes. However, we are also entitled to file a suit at our partner’s business location.  
  3. The contractual relationship is governed exclusively by the laws of the Federal Republic of Germany. The implementation of the United Nations Convention on Contracts for the International Sale of Goods (CISG – 04/11/1980) is excluded. 
  4. The German language version of all business documents is binding.

Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e. the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting and Content Delivery Networks (CDN)

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

ASO GmbH
Antriebs- und Steuerungstechnik
Hansastraße 52
59557 Lippstadt
GERMANY

Phone: (+49)2941 9793-0

E-Mail: aso-eu@asosafety.com 

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Erik Joel Hallmann, LL.M.
Biehn & Professionals GmbH
Wiesenstraße 32
33397 Rietberg-Mastholte
GERMANY

Phone: (+49)2944 97971-0

E-Mail: datenschutz@biehn-und-professionals.de

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:

  • In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
  • If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
  • If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
  • If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.

In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimization of the website (e.g. cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

  • The type and version of browser used
  • The used operating system
  • Referrer URL
  • The hostname of the accessing computer
  • The time of the server inquiry
  • The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Plug-ins and Tools

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.

As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

6. Online-based Audio and Video Conferences (Conference tools)

Data processing

We use online conference tools, among other things, for communication with our customers. The tools we use are listed in detail below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

Should content be exchanged, uploaded or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards and other information shared while using the service.

Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, and which we have listed below this text.

Purpose and legal bases

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 sentence 1 lit. b GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest in the meaning of Art. 6 para. 1 lit. f GDPR). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.

Duration of storage

Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please contact directly the operators of the conference tools.

Conference tools used

We employ the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. Microsoft Teams is certified according to the EU-US Privacy Shield. For details on data processing, please refer to the Microsoft Teams privacy policy: https://privacy.microsoft.com/en-us/privacystatement.

Execution of a contract data processing agreement

We have entered into a contract data processing agreement with the provider of Microsoft Teams and implement the strict provisions of the German data protection agencies to the fullest when using Microsoft Teams.

7. Custom Services

Job Applications

We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential. 

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your agreement (Article 6 (1) (a) GDPR) or if statutory data retention requirements preclude the deletion.

Admission to the applicant pool

If we do not make you a job offer, you may be able to join our applicant pool. In case of admission, all documents and information from the application will be transferred to the applicant pool in order to contact you in case of suitable vacancies.

Admission to the applicant pool is based exclusively on your express agreement (Art. 6 para. 1 lit. a GDPR). The submission agreement is voluntary and has no relation to the ongoing application procedure. The affected person can revoke his agreement at any time. In this case, the data from the applicant pool will be irrevocably deleted, provided there are no legal reasons for storage.

The data from the applicant pool will be irrevocably deleted no later than two years after consent has been granted.