Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

ASO Safety Solutions, Inc., 350 N Frontage Road, Landing, NJ 07850

These General Terms and Conditions of Sale and Delivery (herein, “Terms and Conditions”) are applicable to all customers (collectively, the “Customers” and each, individually, a “Customer”) of ASO Safety Solutions, Inc., a New Jersey corporation (the “Company”).

1. Terms and Conditions of Sale:

1.1 The Company shall sell and deliver to the Customer and the Customer shall purchase and accept from the Company the products (herein, the “Products”) described on or in any confirmed order, agreement or quotation, or any combination thereof (the “Order”), pursuant to the terms and conditions of the Order and those specified below, which taken together shall constitute the entire agreement between the Company and the Customer regarding the Products (herein, this “Agreement”).

1.2 Unless otherwise agreed in writing or otherwise stated on the quotations, all quotations for Products are valid for a period of thirty (30) days from the date of issue. Subsequent modifications in quantity or quality, if such are requested by the Customer, generally will cause a modification of the quoted price. The Customer shall bear all costs associated with the modification of the Order.

1.3 No Order is binding upon the Company until the earlier of acceptance of the Order in writing with an order confirmation or the delivery of the Products to the Customer. Notwithstanding any prior acceptance of an Order by the Company, the Company shall have no obligation if the Customer is in breach of any of its obligations hereunder, or any other agreement between the Customer and the Company, at the time the Company’s performance was due.

1.4 All verbal agreements concerning the terms of any Order, including agreements made by telephone, shall have no force and effect unless and until acknowledged by the Company in writing.

1.5 Orders placed with and accepted by the Company may not be canceled except upon the Company’s written consent prior to shipment and the Customer’s acceptance of the Company’s cancellation charges which shall protect the Company against all costs and losses. The Company reserves the right to cancel any Order hereunder in the Company’s sole discretion without liability to the Company (except for refund of monies already paid).

2. Prices:

2.1 All price quotations are EXW (per Incoterms 2010) from the Company’s shipping facility at 350 N Frontage Road, NJ 07850 and do not include costs for packaging, postage or other freight charges, insurance or taxes, if any.

2.2 Prices in catalogues and brochures are not binding unless confirmed in writing by the Company in order confirmation.

2.3 The price of the Products shall be the Company’s current prices in effect from time to time or by special price quotes made to customer in writing.

2.4 The Company may, without notice to the Customer, increase the price of Products by the amount of any new or increased tax or duty (excluding franchise, net income and excess profits taxes) which the Company may be required to pay on the manufacture, sale, transportation, delivery, export, import or use of the Products or the materials required for their manufacture or which affects the costs of such materials.

3. Terms of Payment:

3.1 Unless otherwise agreed to in writing by the Company, invoices issued by the Company are due and payable by the Customer within thirty (30) days from the invoice date. The Customer shall make payments by check or wire transfer to the account indicated on the invoice without a cash discount or offset and the Company shall not be required to incur any expense to receive timely payment in full as required by this Agreement. Payments by check shall be subject to collection and shall be received by the Company within said thirty (30) day period. In the event of returned checks, the Company shall be entitled to charge a $25 processing fee.

3.2 Unless otherwise agreed to in writing by the Company, invoices for the production material (the “Tools” as defined below in Section 4.6) will be invoiced separately by the Company.

3.3 The Company may without notice change or withdraw extensions of credit at any time. If the Company ceases to extend credit terms before shipment, the Customer’s sole remedy shall be cancellation of its order. If the Customer does not receive notice before shipment, its sole remedy shall be rejection of the Products immediately upon delivery.

3.4 If the Customer fails to make payment on or before the date required, the Customer shall pay interest to the Company at the rate of one point five (1.5%) percent per month or such lesser amount permitted by law. The specification or charging of interest shall not be deemed an agreement to extend credit.

3.5 If the Customer fails to observe these Terms and Conditions or the terms of any other agreements between the Company and the Customer, or if the Customer becomes insolvent, all balances then due and owing to the Company shall become due immediately, notwithstanding any agreed upon payment periods. Any Orders that have been confirmed by the Company but not yet filled shall in such cases become cancelable at the sole discretion of the Company.

3.6 The Customer does not enjoy a right of set-off under any circumstances.

4. Delivery Terms:

4.1 Unless otherwise provided on the face hereof, all Products furnished hereunder will be shipped EXW (per Incoterms 2010) and title in, risk of loss, and the right of possession to such Products shall pass to the Customer upon the Company’s delivery to a carrier at the Company’s shipping facility, and the Company is not responsible for damage or loss in transit, regardless of whether or not the Customer may have the right to reject or revoke acceptance of said Products. The Company can arrange for in-transit insurance at the Customer’s expense, but will not do so without the Customer’s written instructions. Unless otherwise stated in Agreement documents, all Products will be shipped freight prepaid and billed. Charges for shipping may not reflect net transportation cost paid by the Company. The Company shall be responsible for all import requirements of any country into which it seeks to import the Products. The Company shall be entitled to make partial deliveries or deliveries prior to the agreed-upon delivery date, provided that the Company notifies the Customer of the same.

4.2 The Customer shall pay all freight, transportation, shipping, insurance and handling charges, duties, and taxes, including any applicable VAT, sales, personal property, ad valorem, and other taxes, duties, levies or charges imposed by any governmental authority, irrespective of whether applicable law makes such items the responsibility of the Customer or the Company, but excluding any taxes payable by the Company with respect to its net income.

4.3 The Company shall be entitled to deliver excess or short deliveries within a ten (10) percent tolerance of the total order quantity if the difference results from technical or production causes. The invoice amount shall then be adjusted accordingly.

4.4 The Products shall be packaged as stated in the Company’s order confirmation. The Customer shall be exclusively responsible for, and shall provide the Company with, any information necessary to comply with special labeling requirements applicable at the Customer’s place of business. The Company is not bound to organize export clearance.

4.5 Subject to the Company’s available facilities at the shipping point, the Company shall determine the type of transportation and shall notify the Customer thereof at the time the Customer places each Order. The Company or its agent may select any commercial air, ship, motor or rail carrier or any combination thereof for the transportation of the Products. The Company will make deliveries of the Products in the quantities ordered as near as reasonably possible to the Customer’s requested delivery dates.

4.6 The Company shall use its reasonable efforts to deliver the Products to the Customer by the agreed upon date. However, time shall not be of the essence. Except in cases of the Company’s willful misconduct or gross negligence, the Company shall not be liable to Customer for delays in delivery or damage to Products while in transit, irrespective of whether the Company or the Customer determined the mode of transportation.

4.7 In cases of deliveries of Products manufactured to the Customer’s specification (“Special Orders”) and unless otherwise agreed to in writing, all tools, drawings, samples, models, plans, blueprints or other devices and/or documents used and/or developed by the Company (the “Tools”) in order to fulfill any Order or Special Order are the property of the Company, even if the cost of development and/or manufacturing of such tools, models, plans, blueprints or other devices and/or documents was wholly or partially borne by the Customer.

5. Termination:

5.1 In addition to any other remedies that the Company may have, the Company may terminate this Agreement with immediate effect upon written notice to the Customer, if the Customer: (i) fails to pay any amount when due under this Agreement and that failure continues thirty (30) days after the Customer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any terms under this Agreement, in whole or in part; (iii) becomes insolvent, (iv) calls a meeting of its creditors, or (v) makes any assignment for the benefit of creditors, or if (vi) a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against the Customer.

5.2 In each such occasion, the Company may, at its sole discretion, opt to (1) cancel this and any other Agreement with the Customer (without waiving any of the Company’s rights to pursue any remedy against the Customer); (2) claim return of any Products in the possession of the Customer, the title of which has not passed to the Customer, and enter the Customer’s premises (or the premises of any associated company or agent where such Products are located), without liability for trespass or any alleged damage, to retake possession of such Products; (3) defer any shipment hereunder; (4) declare forthwith due and payable all outstanding invoices of the Customer under this or any Agreement; and/or (5) sell all or part of the undelivered Products, without notice at public and/or on private sale, while the Customer shall be responsible for all costs and expenses of such sale and be liable to the Company for any shortfall in the discharge of the amounts due to the Company.

5.3 The Customer’s obligations under Sections 6, 7, 9, 10, 11, 13, 14, 16 will survive any termination of this Order.

6.Security Interest:

6.1 As security for the timely payment and performance of all Customer’s indebtedness to the Company, the Customer hereby grants to the Company a first -priority security interest in the Products following delivery thereof to the Customer (“Collateral”). Such Interest shall remain in force until payment in full of the entire purchase price for the Products and any other amounts due to the Company by the Customer.

6.2 If so requested by the Company, the Customer shall deliver to the Company, in form and substance satisfactory to the Company, and duly executed as required by the Company, financing statements and other security interest per¬fec¬tion documentation in form and substance satisfactory to the Company, duly filed under the UCC in all juris-dictions as may be necessary, or in the Company’s opinion, desir¬able, to perfect the Company’s security interest and lien in the Collateral, in order to establish, perfect, preserve and protect the Company’s security interest as a legal, valid and enforceable security interest and lien, and all property or documents of title, in cases in which possession is required for the perfection of the Company’s security interest.

7. Indemnity:

7.1 The Customer agrees to defend, indemnify and hold the Company (and its agents, representatives, employees, officers, related companies, successors and assigns, and customers) harmless from all claims, demands, actions, damages, and liabilities (including attorney’s fees and consequential and incidental damages) arising out of any injury (including death) to any person or damage to any property in any way connected with any act or omission of the Customer, its agents, employees, or subcontractors.

8. Force Majeure:

8.1 The Company shall not be liable to the Customer or any other person for any failure or delay in the performance of any obligation under this Agreement due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in this Agreement, acts or regulations or priorities of the federal, state or local governments.

8.2 When the event operating to excuse performance by the Company shall cease, this Agreement shall continue in full force until all deliveries have been completed.

9. Intellectual Property:

9.1 The Customer acknowledges the Company and its affiliates are the owners of the brands, trademarks, designs, patents, copyrights and other intellectual property relating to the Company’s Products, and that no right or license is conveyed by the Company to the Customer to manufacture, have manufactured, modify, import or copy such products. The Customer agrees that it will reference brands of the Company or its affiliates only in connection with the use or sale of Products delivered to the Customer hereunder, and not in connection with the sale of any other product, except as separately authorized by the Company in writing.

10. Patent Indemnity:

10.1 If a Product delivered by the Company to the Customer becomes or, in the Company’s opinion, may become the subject of any claim, suit or proceeding for infringement of any patent, the Company may at its option and expense (i) obtain for the Customer the right to use, lease or sell the Product,(ii) replace the Product, (iii) modify the Product, or (iv) remove the Product and refund the purchase price paid by the Customer less a reasonable amount for use, damage or obsolescence. The Company will not be liable for any infringement arising from any modification of a Product, from any combination of a Product with any other product(s), or from the use of a Product in practicing a process or unintended applications. The Company’s total liability to the Customer will not, under any circumstances exceed the purchase price paid for the allegedly infringing Product. The Customer agrees, at its expense, to protect and defend the Company against any claim of patent infringement arising from compliance with the Customer’s designs, specifications or instructions and to hold the Company harmless from damages, costs and expenses attributable to any such claim.

11. Confidentiality:

11.1 The Customer agrees that all drawings, prints and other technical material which the Company may provide to the Customer, whether prepared by the Company or by third parties under Agreement to the Company, contain data which embody trade secrets and confidential know-how of commercial value to the Company or third parties under Agreement to the Company. The Customer agrees (a) to keep such information confidential; (b) that it will not disclose such information to any other person, corporate division or entity; (c) will not use such information except in connection with the Products supplied hereunder; and (d) will not sell, lease, loan or permit any other person, corporate division or entity to use such information for any purpose, without the Company’s prior written consent. Nothing herein shall restrict the use of information generally available to the public.

12. Export Control:

12.1 This Agreement is made subject to any restrictions concerning the export of products or technical information from the United States or other countries that may be imposed on the parties from time to time. Each party agrees that it will not export, directly or indirectly, any technical information acquired from the other party under this Agreement or any Products using such technical information to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so from the appropriate agency or other governmental entity in accordance with applicable law.

13. Dispute Resolution:

13.1 Any controversy or claim arising out of or relating to this Agreement, or the negotiation or breach thereof, shall be exclusively settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”). The award shall be final and binding. Judgment upon the award rendered by the arbitrator or the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York, shall be conducted in the English language, and shall be conducted (i) if the amount in dispute is less than $250,000, before a single arbitrator mutually agreeable to the Company and the Customer, or if no agreement can be reached, then selected by the AAA, or (ii) of the amount in dispute is $250,000 or more, before three (3) arbitrators. The arbitrator(s) shall make detailed findings of fact and law in writing in support of his, her or their decision, and shall award reimbursement of attorney’s fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. In addition, the losing party shall reimburse the prevailing party for reasonable attorneys’ fees and disbursements, the costs of the arbitration (including but not limited to the fees and expenses of the arbitrator and expert witnesses) and the costs incurred by the prevailing party in successfully seeking any preliminary equitable relief or judicially enforcing any arbitration award.

14. Governing Law:

14.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to principles of conflict of laws thereof or the UN Convention on Agreements for the International Sale of Products of 1980.

15. Severability:

15.1 If any provision contained in this Agreement is held to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in this Agreement, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable. Notwithstanding the foregoing, however, if the severed or modified provision concerns all or a portion of the essential consideration to be delivered under this Agreement by one party to the other, the remaining provisions of this Agreement shall also be modified to the extent necessary to equitably adjust the parties’ respective rights and obligations hereunder.

16. Miscellaneous:

16.1 In the event of a violation or threatened violation of the Company’s proprietary rights, the Company shall have the right, in addition to such other remedies as may be available pursuant to law or this Agreement, to temporary or permanent injunctive relief enjoining such act or threatened act. The parties acknowledge and agree that legal remedies for such violations or threatened violations are inadequate and that the Company would suffer irreparable harm.

16.2 Each party will comply with all applicable laws, regulations, and ordinances, and the Customer will comply with the export and import laws and regulations in effect as of the date of shipment of the Products of any country involved in the transactions contemplated by the Agreement.

16.3 The parties hereto are independent contractors and nothing in this Agreement will be construed as creating a joint venture, employment or agency relationship between the parties. The Customer shall not be entitled to assign the rights and obligations of the Customer set forth in this Agreement without the prior written consent of the Company.

16.4 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

16.5 This Agreement, including any Schedules attached hereto, contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements between them, whether oral or written, of any nature whatsoever with respect to the subject matter hereof. This Agreement is binding upon the parties hereto, their successors and permitted assigns. It can only be amended in writing which (i) specifically refers to the provision of this Agreement to be amended and (ii) is signed by both parties.

Click here to download our Warranties and Disclaimers.

WARRANTIES AND DISCLAIMERS:

ASO Safety Solutions, Inc. (“Company”) warrants that the product will be free from substantial defects in material and workmanship, and will substantially perform in accordance with the technical specifications set forth in the description of the product for the duration of the warranty period specified below.

The warranty period is twelve (12) months from the date of delivery. Proof of date of delivery must be provided.

The product (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed. During the warranty period, Company will repair or replace any defective item of the product or parts or components of the product promptly reported to Company by customer and which Company determines was defective due to a warranty defect. In the event that Company determines, in its reasonable discretion, that the defect in a product was not caused by customer or a third party, Company shall, at its sole discretion, either (i) remedy the defect, or (ii) replace the defective product, or (iii) provide customer with a refund or credit for the purchase price paid to Company by customer for the defective product.

Company may, at its own discretion and costs, elect to first attempt to repair any defect at Company’s facilities in RLanding, New Jersey, and thereafter, at Company’s discretion, travel to customer’s location. Labor costs of diagnosis are not included in this warranty. Under no circumstances shall the repair of any product result in an extension of the warranty period granted herein. Customer shall not attempt to repair or resolve any product without the prior consent of Company. Any attempt by customer to repair or resolve any product without the prior consent of Company shall void this warranty. Because the product requires on-going maintenance, the preceding warranty is not a substitute for maintenance services or other support service by Company.

Customer is obligated to carry out an incoming goods inspection within 10 business days after receipt of the products. If customer fails to comply with this obligation, any and all warranty claims shall lapse.

The warranty as to the product does not cover any defect under warranty attributable in whole or in part to (i) non-Company products and services, and any interfaces or links of such to the products, alterations of out-of-specification supplies, (ii) accidents, misuse, negligence or failure of customer to follow instructions for proper use, care and cleaning of the product, (iii) external factors (e.g., failure or fluctuation of electrical power or air conditioning, fire, flood), or (iv) failure by customer to comply with Company’s specifications.

EXCEPT AS EXPRESSLY STATED AND SET FORTH HEREIN, THERE ARE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE PRODUCT AND NO SUCH WARRANTIES OR REPRESENTATIONS SHALL BE IMPLIED UNDER ANY APPLICABLE LAW, IN EQUITY OT OTHERWISE, INCLUDING WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY WHICH MAY BE IMPLIED UNDER COMMON LAW OR UNDER THE UNIFORM COMMERCIAL CODE OF ANY STATE OR OTHER JURISDICTION OF THE UNITED STATES OF AMERICA.

LIMITATION OF LIABILITY

Unless further limited elsewhere in this Agreement, the entire liability of Company and customer’s exclusive remedy for damages from any cause related to or arising out of a warranty defect, regardless of the form of action, whether in contract or in tort, will not exceed the amount of the purchase price for each purchase order for the product which is the subject matter or directly related to the causes of action asserted.

In no event will Company, its agents, subcontractors, suppliers and employees be liable for (a) any incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenue, profits or savings, substitute rental or for any other reason, even if Company knew or should have known of the possibility of such losses or damages, (b) claims, demands or actions against customer by any person, except as provided by applicable law.

INFRINGEMENT CLAIMS – INDEMNIFICATION

Company shall indemnify and save customer harmless from any judgements for damages and their costs which may be rendered against customer in any suit brought against customer on account of the infringement of any United States patent or trademark by any products supplied by the Company hereunder, provided that the customer promptly notifies the Company of the commencement of any such suit and authorizes Company to settle or defend such suit as Company may see fit and provided further that customer renders every reasonable assistance which Company may require in defending any such suit.

CREDIT SUSPENSION / PAYMENT ACCELERATION

Company may at will suspend performance of any order, declare a debt’s entire balance due or require payment in cash, collateral as security or other adequate assurances satisfactory to Company including but not limited to payment in advance when, because of the financial condition the customer or otherwise Company deems its position regarding the prospect of payment insecure.

CUSTOMER`S CANCELLATION / RETURN OF PRODUCTS

Orders accepted by Company and subsequently cancelled by customer for reasons beyond control of Company are subject to cancellation charges. As to products returned to Company, customer is limited to credit allowance. CASH REFUNDS WILL NOT BE GIVEN. No returns will be accepted without a “Return Authorization Number”, this number must be clearly visible on all packages.

RISK OF LOSS

Deliveries of the products are made ex works Company’s facilities in Landing, New Jersey and risk of loss passes to customer at the time the products are placed at his disposal. Loading and transportation shall be at customer’s sole risk and expense and any claim for loss or damage in transit shall be against the carrier only.

CLERICAL ERRORS

Company has the right to correct any stenographic or clerical errors in any of the writings issued by it and is not responsible for the content of such error.

Disclaimer

Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

It is hereby declared that ASO GmbH has no influence whatsoever on the design and content of the external websites linked to this homepage. ASO GmbH therefore expressly distances itself from all content on all linked external websites and does not adopt this content as its own.

1. Content of the online offering

The author accepts no responsibility for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.

All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement, or delete parts of the pages or the entire offer without prior notice, or to discontinue publication temporarily or permanently.

2. References and links

Note: In its ruling of May 12, 1998 – 312 O 58/98 – “Liability for Links,” the Regional Court (LG) of Hamburg decided that references to other websites on the Internet may result in joint responsibility for the content of those websites. Joint responsibility for such sites can be prevented by expressly distancing oneself from their content. We therefore expressly distance ourselves from all content on sites that can be accessed via links from our sites.

In the case of direct or indirect references to external websites (“links”) that are outside the author’s area of responsibility, liability would only arise in the event that the author was aware of the content and it would have been technically possible and reasonable for him to prevent use in the event of illegal content.

The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence whatsoever on the current and future design, content, or authorship of the linked pages. Therefore, he hereby expressly distances himself from all content on all pages that has been changed since the link was created. This statement applies to all links and references within the author’s own website as well as to external entries in the guestbook set up by the author. The provider of the page to which reference is made is solely liable for illegal, incorrect, or incomplete content and in particular for damage resulting from the use or non-use of such information, not the person who merely refers to the respective publication via links.

3. Copyright and trademark law

The author endeavors to observe the copyrights of the graphics, sound documents, video sequences, and texts used in all publications, to use graphics, sound documents, video sequences, and texts created by himself, or to make use of license-free graphics, sound documents, video sequences, and texts.

All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!

The copyright for published objects created by the author himself remains solely with the author of the pages. Any reproduction or use of such graphics, audio files, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author.

4. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Privacy Policy

Information on data protection for customers and suppliers

1. Data protection at a glance

General information

General information

The following information provides a simple overview of what happens 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 about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

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. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders or other order enquiries.

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 if you have questions about this or any other data protection related issues.

2. Hosting

We are hosting the content of our website at the following provider:

External Hosting

This website is hosted externally. 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 external hosting serves the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

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

We are using the following host(s):

United Domains GmbH
Gautinger Straße 10

82319 Starnberg

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

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

Phone: 02941 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.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TDDDG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Designation of a data protection officer

We have appointed a data protection officer.

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

Phone: 02944 97971-0
E-mail: datenschutz@biehn-und-professionals.de

Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on data processing. In the case of joint processing, a joint processing agreement is concluded.

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(1)(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(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. 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(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 have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, 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.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data at any time. 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.

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. 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 instead 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(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.

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.

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 our Site Notice 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 data packages 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.

Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies into websites (e.g., cookies for handling payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for promotional purposes.

Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, the processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TDDDG); 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.

Which cookies and services are used on this website can be found in this privacy policy.

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(1)(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(1)(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(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

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

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. With the means of this service, we can integrate map material on our website.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer. In case Google Maps has been activated, Google has the option to use Google Fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your browser will load the required web fonts into your browser cache, to correctly display text and fonts.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

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(1)(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(1)(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 directly contact the operators of the conference tools.

Conference tools used

We employ the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is the Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. For details on data processing, please refer to the Microsoft Teams privacy policy: https://privacy.microsoft.com/en-us/privacystatement.

Data processing

7. Custom Services

Handling applicant data

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 BDSG according to German Law (Negotiation of an Employment Relationship), Art. 6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(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 BDSG and Art. 6(1)(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(1)(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(1)(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.