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Data protection

  • General information about the processing of your data

    We are obliged by law to inform you about the processing of your personal data (hereinafter referred to as “data”) when you use our website. We take the protection of your personal information very seriously. This data protection notice informs you about the details of the processing of your data and about your legal rights in this regard. For terms such as “personal data” and “processing”, the legal definitions pursuant to Art. 4 GDPR apply. We reserve the right to adapt the privacy policy with future effect, in particular in the event of further development of the website, the use of new technologies or changes to the legal bases or the corresponding case law. We recommend that you read this privacy policy from time to time and take a printout or a copy for your records.

  • Scope

    This privacy policy applies to all pages of www.promecon.com/de. It does not cover any linked websites of other providers.

  • Responsible provider

    The following party is responsible for the processing of personal data within the scope of this privacy policy:

    PROMECON
    process measurement control GmbH
    Steinfeldstraße 5
    39179 Barleben
    Tel.: +49 (0)39203 5120
    Fax: +49 (0)39203 512202
    Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

    Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

  • Questions about data protection
    If you have any questions about data protection with regard to our company or our website, you can contact our data protection officer:

    Spirit Legal LLP Rechtsanwälte
    Attorney-at-law and data protection officer
    Peter Hense
    Postal address:
    Data protection officer
    c/o PROMECON, Steinfeldstraße 5, 39179 Barleben

    Contact via encrypted online form: Contact data protection officer

  • Security

    We have taken comprehensive technical and organisational precautions to protect your personal data from unauthorised access, abuse, loss and other external disruption. To this end, we regularly review our security measures and adapt them to current standards.

  • Your rights
    You have the following rights with regard to the personal data concerning you that you can assert against us:
    • Right of access: You can request access to the personal data concerning you which we process, as set forth in Art. 15 GDPR.

    • Right to rectification: If the information concerning you is not (or no longer) correct, you can request its rectification in accordance with Art. 16 GDPR. If your data is incomplete, you can request that it be completed.

    • Right to erasure: You may request the erasure of your personal data in accordance with Art. 17 GDPR.

    • Right to restriction of processing: Pursuant to Art. 18 GDPR, you have the right to demand that the processing of your personal data be restricted.

    • Right to object to processing: Pursuant to Art. 21(1) GDPR, you have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data which occurs based on Art. 6(1) Sentence 1(e) or (f) GDPR. If you object, we will not process your data further, unless we can prove compelling legitimate reasons for the processing which outweigh your interests, rights and freedoms or, moreover, the processing serves to establish and exercise or defend against legal claims (Art. 21(1) GDPR). Furthermore, under Art. 21(2) GDPR you have the right to object at any time to the processing of your personal data for direct marketing purposes, which includes profiling to the extent that this is related to such direct marketing. In this privacy policy, we draw your attention to this right to object when describing each processing operation.

    • Right to withdraw your consent: If you have given your consent for processing, you have a right to withdraw that consent under Art. 7(3) GDPR.

    • Right to data portability: You have the right to receive the personal data you have given us in a structured, commonly used, machine-readable format (“data portability”) and the right to transfer this data to another controller, if the prerequisites of Art. 20(1)(a), (b) GDPR are fulfilled (Art. 20 GDPR).

    You can assert your rights by informing us using the contact details specified above under “Responsible provider” or by contacting the data protection officer designated by us.

    If you believe that the processing of your personal data violates data protection law, then under Art. 77 GDPR you also have the right to lodge a complaint with a data protection supervisory authority of your choice.
  • Using our website
    In principle, you can use our website for purely informational purposes without disclosing your identity. When you access the individual pages of the website in this sense, this only results in access data being transferred to our web hosting service so that the website can be displayed to you. This involves the following data being processed:

    • Browser type / browser version
    • Operating system used
    • Date and time of access
    • IP address
    • Access status / HTTP status code
    • Websites accessed via the website
    • Referrer URL (website visited before)
    • Notification of whether the access was a success
    • Time zone difference from GMT
    • Volume of data transferred.

    It is necessary for this data to be processed temporarily in order to make it technically possible for you to visit our website and to deliver the website to your device. The access data is not used to identify individual users and is not combined with other data sources. The legal basis for the processing is Art. 6(1) Sentence 1(f) GDPR. We have legitimate interests in ensuring the functionality, integrity and security of the website. The access data will be erased as soon as it is no longer required for achieving the purpose of its processing. In the case of recording the data to provide the website, this is the case when you end your visit to the website.

    You may object to the processing. Your right of objection exists if you have reasons arising from your particular situation. You may send us your objection using the contact details specified under “Responsible provider” above.
  • Cookies
    In addition to the aforementioned access data, so-called cookies are stored in the internet browser of the device you use to access the website. These are small text files with a sequence of numbers that are stored locally in the cache of the browser used. Cookies do not become part of the device system and cannot execute programs. They serve to make our website user-friendly. The use of cookies may be technically necessary or may occur for other purposes (e.g. analysis/evaluation of website use).
  • Technically necessary cookies
    Some elements of our website require that the retrieving browser can be identified even after a page change. This involves processing the following data in the cookies:

    • Language settings
    • Items in shopping basket
    • Log-in information.

    The user data collected by technically necessary cookies is not processed to create user profiles. We also use session cookies, which store a session ID that can be used to assign various requests from your browser to the shared session. Session cookies are required for using the website. In particular, they enable us to recognise the device used when you return to the website. The legal basis of this processing is Art. 6(1) Sentence 1(f) GDPR. Our legitimate interests in the processing lie in providing the aforementioned special functionality and thereby making the use of our website more attractive and effective. The session cookies are erased as soon as you log out or, depending on which browser you are using and your browser settings, when you close the browser.

    You may object to the processing. Your right of objection exists if you have reasons arising from your particular situation. You can prevent data processing based on cookies as follows: by deactivating or restricting or deleting cookies in your browser settings, or by opening your browser in “private mode”.
  • Technically non-essential cookies
    In addition, we also use cookies on the website to enable an analysis of users’ surfing behaviour and to make our website more attractive. For example, this involves processing the following data in the cookies:

    • Entered search terms
    • Frequency of page views
    • Use of website functions.

    The legal basis of this processing is your consent: Art. 6(1) Sentence 1(a) GDPR. Technically non-essential cookies are either automatically deleted after a specified period of time, which may vary depending on the type of cookies used, or are deleted after you withdraw your consent. Where we integrate cookies from third-party providers into our website, we point this out to you separately below.

    You can withdraw your consent at any time by clicking on the button for the tool in the privacy settings. If you exercise your right of withdrawal, this does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal. xxx
  • Usercentrics consent management platform
    We have integrated Usercentrics, a consent management tool provided by Usercentrics GmbH (Sendlinger Straße 7, 80331 Munich, Germany; This email address is being protected from spambots. You need JavaScript enabled to view it.) on our website to request users’ consent for the use of cookies or comparable technologies. With the help of Usercentrics, you have the opportunity to grant or refuse your consent for certain functions of our website, e.g. for the purpose of integrating external elements, integrating streamed content, statistical analysis, reach measurement and personalised advertising. You can use Usercentrics to grant or refuse your consent for all functions or to grant your consent for individual purposes or functions. You can change your settings again later on. The purpose of integrating Usercentrics is to allow users of our website to decide whether to allow cookies and similar technologies, and to offer them the opportunity to change settings that they have already made when they continue to use our website. When Usercentrics is used, personal data as well as information from the devices used by website users, such as their IP address, will be processed.

    The legal basis for this processing is Art. 6(1) Sentence 1(f) GDPR. Our legitimate interests in this processing lie in the storage of users’ settings and preferences with regard to the use of cookies and other features. Usercentrics stores your data for as long as your user settings are active, usually for 360 days. After this period, a new request for consent will be made. Your user settings will then be saved again for the same period.

    You may object to the processing. Your right of objection exists if you have reasons arising from your particular situation. You can prevent data processing based on cookies as follows: by deactivating or restricting or deleting cookies in your browser settings, or by opening your browser in “private mode”.
  • Contacting our company
    When contacting our company, e.g. by email or using the contact form on the website, we will process the personal data provided by you so that we can respond to your request. In order for us to process enquiries submitted via the contact form on the website, it is essential that you provide a name or pseudonym, your company name and a valid email address and telephone number. At the time the message is sent to us, your IP address, browser information and the date and time of registration will be processed. The legal basis of this processing is Art. 6(1) Sentence 1(f) GDPR and Art. 6(1) Sentence 1(b) GDPR, if the contact is made with the intention of concluding a contract. If the request is aimed at concluding a contract, it is necessary for you to provide your data in order to conclude a contract. If you do not provide your data, it will not be possible to conclude or execute a contract (in the form of establishing contact or processing the request). Processing the personal data from the form serves the sole purpose of processing the contact you make with us. Where you contact us by email, this also constitutes the necessary legitimate interest in the processing of the data. The other data processed during the submission process serves to prevent any misuse of the contact form and to ensure the security of our information technology systems. The data will not be transmitted to third parties in this context. As soon as processing is no longer necessary, we erase the data generated in this context – usually two years after the end of the communication – or, if statutory retention obligations apply, restrict processing of the data.

    You may object to the processing. Your right of objection exists if you have reasons arising from your particular situation. You may send us your objection using the contact details specified under “Responsible provider” above.
  • Processing for contractual purposes
    We process your personal data if and to the extent necessary for the initiation, creation, execution and/or termination of a legal transaction with our company. The legal basis for this results from Art. 6(1) Sentence 1(b) GDPR. It is necessary for you to provide your data in order to conclude the contract and you are contractually obliged to provide your data. If you do not provide your data, it will not be possible to conclude and/or execute a contract. Once the purpose has been achieved (e.g. contract processing), the personal data will be blocked for further processing or erased, unless we are entitled to keep processing the data on the basis of a consent granted by you (e.g. consent to the processing of your email address for sending promotional emails), a contractual agreement, a statutory authorisation (e.g. authorisation to send direct marketing) or on the basis of justified interests (e.g. retention for asserting claims).

    Your personal data will be passed on to third parties if
    • it is necessary for the creation, execution or termination of legal transactions with our company (e.g. when transmitting data to a payment service provider/a shipping company to process a contract with you) (Art. 6(1) Sentence 1(b) GDPR), or
    • a subcontractor or party we use to perform our obligations, which we use exclusively within the framework of providing the offers or services requested by you, needs this data (unless you are expressly informed otherwise, such auxiliary parties are only entitled to process the data insofar as this is necessary for the provision of the offer or service), or
    • there is an enforceable official order (Art. 6(1) Sentence 1(c) GDPR), or
    • there is an enforceable court order (Art. 6(1) Sentence 1(c) GDPR), or
    • we are legally obliged to do so (Art. 6(1) Sentence 1(c) GDPR), or
    • the processing is necessary in order to protect the vital interests of the data subject or another natural person (Art. 6(1) Sentence 1(d) GDPR), or
    • this is necessary for the performance of a task carried out in the public interest or in the exercise of official authority (Art. 6(1) Sentence 1(e) GDPR), or
    • we can cite our overriding legitimate interests, or those of a third party, in the disclosure (Art. 6(1) Sentence 1(f) GDPR).
    Your personal data will not be transmitted to other persons, companies or bodies unless you have effectively consented to such transmission. The legal basis of the processing is then Art. 6(1) Sentence 1(a) GDPR. In this privacy policy, we draw your attention to the respective recipients when describing each processing operation.
  • Online application process
    On our website you have the possibility to access information about vacant positions in our company and apply for them. The processing of your personal data in connection with the online application process is carried out for the purpose of conducting the application process and for making hiring decisions.

    When you apply, we process the following personal data, which is necessary and obligatory for the online application process:
    • Personal master data (e.g. salutation, title, first name and last name, name supplements, gender, nationality, marital status, salary group if applicable)
    • Contact details (e.g. private address, email address, (mobile) phone number)
    • Qualification data (e.g. career, professional activities, assessments, references, certificates, qualifications, further education and training)
    • Information about your education and training (e.g. your school or training institution, your main subject, your specialisation, your degree, your grades and the date of your degree)
    • If applicable, your application photo
    • If applicable, special categories of personal data pursuant to Art. 9(1) GDPR (e.g. trade union membership, biometric data, health data (e.g. the degree of disability))
    • Other data that you have transmitted to us in connection with your application.
    When you submit the online application, your IP address and the date and time when you submitted your application will also be processed.
  • Individual purposes and legal bases
    The legal basis for the processing of your personal data in connection with the online application process for the purpose of general communication, and in particular for answering any queries, for the purpose of carrying out reference checks, and for the purpose of assessing your suitability for the vacant position, is Art. 88(1) and Art. 6(1) Sentence 1(b) GDPR in conjunction with Sect. Art. 26(1) of the German Federal Data Protection Act (BDSG). The processing of your data is necessary and obligatory for the preparation and conduct of the application process. If you do not provide this data, we may not be able to process your application or may not be able to process it sufficiently. The following purposes and legal bases apply to the processing of special categories of personal data within the meaning of Art. 9(1) GDPR:
    • We process your personal data for the purpose of exercising rights or fulfilling legal obligations arising from employment law, unless there is reason to believe that this is outweighed by your legitimate interest in the data not being processed. The legal basis for this processing is Art. 9(2)(b) GDPR in conjunction with Sect. 26(3) Sentence 1 BDSG.
    • For the purpose of assessing your working capacity, we will process your health data, provided that you are offered employment as a result of the application process. The legal basis for the processing is Art. 9(2)(h) GDPR in conjunction with Sect. 22(1) No. 1(b) BDSG.
    For the purpose of fulfilling a legal obligation or to comply with requests from governments and authorities, we process your personal data to the extent necessary for the stated purposes. The legal basis for the processing is Art. 6(1) Sentence 1(c) GDPR in conjunction with the relevant legal obligation under Union or national law. If, in individual cases, special categories of data are also affected, we will only process this data in accordance with one of the rules laid down in Art. 9(2) GDPR, if applicable in connection with an explicit regulation in Union or national law.

    For statistical purposes, we keep a record – without reference to specific applicants – of the number of applications received over time, the time of each application’s submission, and the processing time from receipt of the application to acceptance or rejection. The legal basis of the processing is Art. 6(1) Sentence 1(f) GDPR. We have a legitimate interest in optimising our application management.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by sending us a message via the contact details provided under “Responsible provider” above.

    Should we require the data after the application process has ended, for the pursuit of legal claims or for defence in legal disputes, processing may be carried out to safeguard legitimate interests pursuant to Art. 6(1) Sentence 1(f) GDPR. In such cases, we have a legitimate interest in asserting or defending claims. If health data is involved, the legal basis is Art. 9(2)(f) GDPR.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by sending us a message via the contact details provided under “Responsible provider” above.
  • Storage period
    In principle, we save your personal data for the duration of the application process, erasing it after no more than six months in the event of a rejection.
  • Recipients, persons with access
    Upon receipt of your application, your application data will be reviewed by the HR department. Suitable applications are then forwarded internally to the department heads responsible for the respective vacancies within the company in order to coordinate the further procedure. In principle, only those persons in the company have access to your data who need this for the regular conduct of our application process.
  • Service provider HRworks GmbH
    To conduct the online application process and handle our HR processes, we use the web-based software HRworks, which is provided by HRworks GmbH (Konrad-Goldmann-Straße 5 b, 79100 Freiburg, Germany; hereinafter referred to as: HRworks). HRworks offers you the possibility to apply directly online for vacant positions in our company and to submit your application documents online. For this purpose, HRworks creates a separate URL for each job vacancy advertised. When you apply online, HRworks processes the personal data you provide which is necessary and obligatory in order to conduct the online application process. Upon receipt of your application documents, HRworks will forward your data to our HR department.

    HRworks acts as our processor and is contractually limited in its authority to use your personal data for purposes other than to provide services to us in accordance with the applicable data processing agreement.

    The legal basis for the data processing is Art. 6(1) Sentence 1(f) GDPR. Our legitimate interests in using HRworks lie in optimising our application process, improving our range of services, and making our online application portal and the application process itself more attractive and applicant-friendly.

    For further information about the protection of your data and how long HRworks stores your data, please refer to https://www.hrworks.de/unternehmen/datenschutz/ and https://www.hrworks.de/en/features/candidate-management-system/.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by sending us a message via the contact details provided under “Responsible provider” above.
  • Talent pool
    If you would like your application to be considered for other vacant positions in our company once the application process has finished, you have the opportunity to be added to our talent pool. If you are added to the talent pool, we will process the data you provide during the application process on the basis of your consent in accordance with Art. 6(1) Sentence 1(a) GDPR. Your data will be stored for processing for the talent pool for a maximum of two years.

    You can withdraw your consent to the further processing of your applicant data at any time. You can submit your withdrawal to us using the contact details provided under “Responsible provider” above. This will not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.
  • Compliance screening
    As part of the initiation and execution of the employment relationship, we are obliged under the EC counter-terrorism Regulations (Regulation (EC) No 2580/2001; Regulation (EC) No 881/2002) to implement extended control mechanisms for the purpose of combating terrorism in order to check our business contacts with individual persons, entities and groups. In accordance with these Regulations, we are required to ensure that no funds are made available, directly or indirectly, to persons, entities or groups included in the sanctions lists. This means that all funds, financial assets, titles and economic resources of such persons, groups and entities concerned shall be frozen and that no funds, financial assets or economic resources shall be made available to or for the benefit of them, whether directly or indirectly, so as to enable them to obtain funds, goods or services. For this purpose, we compare the first and last names of our employees and applicants with those on the publicly accessible sanctions lists as part of a compliance screening process.

    The legal basis of the processing is Art. 6(1) Sentence (1)(e) and (3) Sentence (1)(a) GDPR in conjunction with Regulation (EC) No. 2580/2001 and Regulation (EC) No. 881/2002, insofar as the processing is necessary for the performance of a task carried out in the public interest, or Art. 6(1) Sentence 1(f) GDPR. We have legitimate interests in fulfilling legal requirements and obligations to combat terrorism and avoiding liability and sanction risks for our company. We store the results of the compliance screening for a maximum period of twelve months in the case of employee screening, and for a maximum period of six months in the case of applicants.

    To carry out the comparison we use the software “ID.prove”, which is provided by Rausoft GmbH (Böblinger Straße 25, 71229 Leonberg, Germany). For this purpose, ID.prove processes your first and last name on our behalf in order to automatically compare this information with the current version of the sanctions lists. Once this process is complete, ID.prove informs us of the result of the compliance screening, so that we can document this in our HR administration system. The legal basis for the processing of data by ID.prove is Art. 6(1) Sentence 1(f) GDPR. We have legitimate interests in improving our range of services and avoiding liability and sanction risks for our company. For further information about data protection, please refer to https://www.idprove.de/index.php?option=com_content&view=article&id=18&Itemid=30 and https://www.idprove.de/index.php?option=com_content&view=article&id=28&Itemid=0.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by sending us a message via the contact details provided under “Responsible provider” above.
  • Email marketing
    Advertising to existing customers

    We reserve the right to use the email address you provide when ordering in accordance with the statutory provisions in order to send you the following content by email at the time of or after your order, unless you have already objected to this processing of your email address:
    • Interesting offers from our portfolio, especially about industry-specific products
    • New offers involving our products and services
    • Information about company events
    • Information about our catalogues
    • Technical information
    • Customer feedback queries.
    If it is essential to send information electronically for contract processing purposes (e.g. an informative email), the legal basis of the processing is Art. 6(1) Sentence 1(b) GDPR. You are contractually obliged to provide your data. If you do not provide your data, it will not be possible to send information electronically by email in order to execute the contract. If it is not essential to send information electronically for contract processing purposes (e.g. an informative email), the legal basis of the processing is Art. 6(1) Sentence 1(f) GDPR. Our legitimate interests in the processing described lie in enhancing and optimising our services, conducting direct marketing and ensuring customer satisfaction. We will erase your data when you stop using the service, but no later than three years after termination of the contract.

    We would like to point out that you can object to receiving direct marketing and to the processing of the data for direct marketing purposes at any time without incurring any costs other than the transmission costs according to the basic rates. Here you have a general right of objection without giving reasons (Art. 21(2) GDPR). To do this, click on the unsubscribe link in the relevant email or send us your objection to the contact details provided under “Responsible provider”.
  • Newsletter
    You have the possibility to subscribe to our email newsletter on the website, which we use to inform you regularly about the following content:
    • Offers from our portfolio
    • Information about company events
    • New offers involving our products and services
    • Special/time-limited offers
    • Offers and events of third parties, especially our partners.
    In order to receive the newsletter, you will need to provide your name or a pseudonym as well as a valid email address. We process this data for the purpose of sending our email newsletter and for as long as you have subscribed to the newsletter.

    The legal basis for the processing is Art. 6(1) Sentence 1(a) GDPR.

    You can withdraw your consent to the processing of your email address for the purpose of sending you the newsletter at any time, either by sending us a message using the contact details provided under “Responsible provider” above or by clicking directly on the unsubscribe link in the newsletter. This will not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.
  • Double opt-in procedure
    In order to document your newsletter registration and to prevent abuse of your personal data, we use what is known as a double opt-in procedure for email newsletter registrations. Once you have entered the data marked as mandatory, we will send you an email to the email address you have provided, in which we ask you to expressly confirm your subscription to the newsletter by clicking on a confirmation link. We process your IP address, the date and time of your registration for the newsletter and the time of your confirmation.

    This is how we ensure that you really want to receive our email newsletter.

    We are legally obliged to be able to demonstrate that you have consented to the processing of your personal data in connection with registering for the newsletter (Art. 7(1) GDPR). Due to this legal obligation, this data processing is carried out on the basis of Art. 6(1) Sentence 1(c) GDPR. You are not obliged to provide your personal data during the registration process. However, if you do not provide the required personal data, we may not be able to process your subscription or process it in full. If you do not confirm your newsletter subscription within 24 hours, we will block the information transmitted to us and erase it automatically after one month at the latest.

    Once you confirm your registration, we will process your data for as long as you have subscribed to the newsletter.
  • Establishment, exercise or defence of legal claims
    We also process the aforementioned data for the establishment, exercise or defence of legal claims. The legal basis for this processing is Art. 6(1) Sentence 1(c) GDPR and Art. 6(1) Sentence 1(f) GDPR. In these cases, we have a legitimate interest in the assertion or defence of claims.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by either sending us a message using the contact details provided under “Responsible provider” above or by clicking directly on the unsubscribe link in the newsletter.
  • Opt-out list
    If you cancel your registration by withdrawing your consent, we will continue to process your data, in particular your email address, to ensure that you do not receive any further newsletters from us. For this purpose, we will add your email address to an opt-out list, which makes it possible to prevent you from receiving any further newsletters from us.

    The legal basis for the data processing is Art. 6(1) Sentence 1(c) GDPR, in order to comply with our obligations to provide evidence, and failing this, Art. 6(1) Sentence 1(f) GDPR. In this case, we have a legitimate interest in complying with our legal obligations to make sure that we stop sending you newsletters.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by sending us a message via the contact details provided under “Responsible provider” above.
  • Statistical analyses and reach measurement
    We also evaluate the opening/click rates of our newsletters. For this analysis, the emails sent out contain so-called web beacons or tracking pixels, which display single-pixel image files that are also embedded on our website. Device information (e.g. the email client used and software settings) is processed for this purpose. The processing is carried out for the purpose of evaluating how our newsletters are read. Here we record whether and when you read our newsletters, which links you click on, and thus draw conclusions about what our recipients are interested in. This information can theoretically be assigned to individual newsletter recipients. However, neither we nor our external email marketing service have any intention of monitoring individual recipients; the analysis of the information mentioned serves rather to recognise the overall reading habits, opening and click rates of all recipients. The information is processed for as long as you have subscribed to the newsletter. Once you unsubscribe, we process the data for purely statistical purposes and anonymously.

    The legal basis of this processing is your consent (Art. 6(1) Sentence 1(a) GDPR).

    You can withdraw your consent to the processing of your email address for the purpose of sending you the newsletter at any time, either by sending us a message using the contact details provided under “Responsible provider” above or by clicking directly on the unsubscribe link in the newsletter. This will not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.
  • Newsletter2Go email marketing service
    We use the email marketing service “Newsletter2Go”, which is provided by Newsletter2Go GmbH (Köpenicker Straße 126, 10179 Berlin; hereinafter referred to as: Newsletter2Go). If you have subscribed to our newsletter, the data you provided when registering as well as the data processed when you use our newsletters are processed on Newsletter2Go’s servers in Germany. The data you provide when registering will be encrypted using SSL technology and then transmitted to Newsletter2Go.

    Newsletter2Go acts as our external processor and is contractually restricted in its authority to use your personal data for purposes other than to provide services to us in accordance with the applicable data processing agreement.

    The legal basis of the processing is Art. 6(1) Sentence 1(f) GDPR. Our legitimate interest in using an external email marketing service lies in the optimisation and more targeted control and monitoring of our newsletter content.

    For more information, including on the storage period, please refer to the Newsletter2Go privacy policy at https://www.newsletter2go.de/datenschutz/ as well as https://hilfe.newsletter2go.de/?_ga=2.268559921.1383479931.1583849133-1018654755.1583849133.

    You may object to the processing described above if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by either sending us a message using the contact details provided under “Responsible provider” above or by clicking directly on the unsubscribe link in the newsletter.
  • A/B Testing
    Within our newsletters, we also conduct analyses of user behaviour by means of so-called multivariate A/B testing, which is a service provided by Newsletter2Go GmbH (Köpenicker Straße 126, 10179 Berlin; hereinafter referred to as: Newsletter2Go). Here, two versions of our newsletters (variants A and B) are compared with each other on the basis of a measurable target (e.g. email contacts per target group, sales realised, etc.) in order to determine through statistical analysis which newsletter, or which variant of the content, subject line and sender, achieves the better performance or is more efficient. Within a pre-defined time window of a maximum of two days, recipients of our newsletters are shown several variants of a newsletter with varying contents, depending on the relevant target. In order to evaluate this A/B-testing, Newsletter2Go places cookies or tracking pixels within the newsletters, which in particular process the information generated by your device about interactions with our newsletters (whether you use a certain link, or opening, click and bounce rates, etc.). Newsletter2Go also processes some of the data mentioned under “Using our website” above, such as browser information.

    The legal basis of the processing of your data for A/B testing is Art. 6(1) Sentence 1(f) GDPR. By conducting A/B testing, we pursue our legitimate interests of analysing the reach and efficiency of our services and ads, continuously improving them and making them more attractive for you as a user. The information is processed for as long as you have subscribed to the newsletter. Once you unsubscribe, we process the data for purely statistical purposes and anonymously.

    For more information, including on the storage period, please refer to the Newsletter2Go privacy policy at https://www.newsletter2go.de/datenschutz/ as well as https://hilfe.newsletter2go.de/?_ga=2.268559921.1383479931.1583849133-1018654755.1583849133.

    You may object to the processing described if you have legitimate reasons arising from your particular situation. You can exercise your right of objection by sending us a message via the contact details provided under “Responsible provider” above.
  • Requests for information material
    On the website, you can request information material from us in which we tell you about products from our portfolio. In order to receive the information material, you need to give us your contact details. The data processed includes:
    • Recipient’s name
    • Address
    • Recipient’s function
    • Contact details (e.g. email address, telephone number).
    We process the data you provide for the purpose of initiating and preparing and, if necessary, performing the contract, and for sending you the information material. At the time of the request, your IP address and the date and time of the request are also processed. The legal basis for the data processing is Art. 6(1) Sentence 1(b) GDPR. The provision of your data is necessary and obligatory in order to conclude the contract. If you do not provide your data, you will be unable to request the information material, which means that it will not be possible to conclude and/or execute a contract. The data you provide when requesting information material may, if necessary, be transferred to our sales partners within the European Union as well as in third countries for the purpose of processing your request, preparing offers, clarifying technical questions and processing orders, if you submit your request from one of these countries within our sales partner network. In order to ensure an adequate level of protection, any data transfer to a third country will be carried out exclusively on the basis of adequacy decisions adopted by the European Commission (e.g. Japan, Canada) in accordance with Art. 45 GDPR or subject to appropriate safeguards for the data transfer pursuant to Art. 46 f. GDPR, or on the basis of the exception under Art. 49(1) Sentence 1(b) GDPR. A copy of these appropriate and adequate safeguards is available upon request by contacting us using the contact details provided under “Responsible provider” above.

    If it is necessary to send you the information material by post, we will also forward your data to the relevant shipping company. The processing is carried out in order to fulfil the aforementioned purposes both within and outside the European Union. We erase the data as soon as storage is no longer necessary or, if statutory retention obligations apply, restrict processing of the data. Due to mandatory commercial and tax regulations, we are obliged to keep your address, payment and order data for a period of ten years. Two years after termination of the contract, we will restrict the processing and reduce the processing to compliance with our existing legal obligations. As far as the information material contains advertising content that goes beyond pure information provided for the potential conclusion of a contract, the legal basis of this is Art. 6(1) Sentence 1(f) GDPR. We have a legitimate interest in processing for the purpose of direct marketing. In order to fulfil the aforementioned purposes, your data may be passed on to the respective sales partners in the countries of our sales partner network responsible for you. The processing takes place both inside and outside the European Union. Unless you object to processing for advertising purposes, we will erase your data no later than two years after you request the information material.

    We would like to point out that you can object to receiving direct marketing and to the processing of the data for direct marketing purposes at any time without incurring any costs other than the transmission costs according to the basic rates. Here you have a general right of objection without giving reasons (Art. 21(2) GDPR). Please send us your objection to the contact details specified under “Responsible provider” above.
  • Downloading white papers
    You can download white papers from our website. When you download the white paper, your IP address and the date and time of your query are processed. We process this data for the purpose of fulfilling your request or executing the contract. The legal basis for this data processing is Art. 6(1) Sentence 1(b) GDPR. The provision of your data is necessary and obligatory in order to conclude the contract. If you do not provide your data, you will not be able to download the white paper, i.e. it will not be possible to conclude and/or execute a contract. As soon as storage is no longer necessary, we erase the data generated in this context, or in any case restrict its processing if statutory retention obligations apply. Due to mandatory commercial and tax regulations, we may be obliged to keep your address, payment and order data for a period of ten years. Two years after termination of the contract, we will restrict the processing and reduce the processing to compliance with our existing legal obligations.
  • Hosting
    We use external hosting services provided by STRATO AG (Pascalstraße 10, 10587 Berlin, Germany), which serve to provide the following services: infrastructure and platform services, computing capacity, storage resources and database services, security and technical maintenance services. For these purposes, all of the data required for the operation and use of our website – including the access data mentioned under “Using our website” – is processed. The legal basis for this processing is Art. 6(1) Sentence 1(f) GDPR. By using external hosting services, our aim is to make the provision of our website efficient and secure.

    You may object to the processing. Your right of objection exists if you have reasons arising from your particular situation. You may send us your objection using the contact details specified under “Responsible provider” above.
  • Integration of third-party content
    The website integrates third-party content such as videos, maps and graphics from other websites. This integration always requires that the providers of this content (“third-party providers”) perceive the IP addresses of users. This is because without the IP address they would not be able to send the content to the browser of the respective user. As such, the IP address is required to display this content. In the following, we inform you about the services from third-party providers currently in use on our website, about the respective processing in each case, and about how you can object.
  • Google Tag Manager
    Our website uses Google Tag Manager, which is provided by Google (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001). Google Tag Manager is a solution that allows website tags to be managed through a single interface. The Google Tag Manager tool itself (which implements the tags) is a cookieless domain and does not record any personal data. The tool triggers other tags, which in turn may record data; our privacy policy explains this separately in each case. Google Tag Manager does not access this data. If deactivation has occurred at the domain or cookie level, it will remain effective for all tracking tags implemented with Google Tag Manager.
  • Integration of YouTube

    Our website uses interfaces from the video platform "YouTube.de" or "YouTube.com", a service provided by YouTube LLC (head office at 901 Cherry Avenue, San Bruno, CA 94066, US; hereinafter referred to as YouTube), for which Google (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, fax: +353 (1) 436 1001) is responsible as the controller under data protection law, which means that Google processes your data. The purpose of this is to integrate visual content ("videos") on the website that we have published on "YouTube.de"/"YouTube.com". When the streaming feature is used, information is also processed which is stored on your device (e.g. IP address). The videos are embedded in "extended privacy mode", which means that no data about you as a user will be transferred to YouTube if you do not play the videos. When videos are played on our website, Google receives the information that you have retrieved the corresponding page of our website. In addition, some of the data mentioned under "Using the website" is transmitted to Google. This occurs regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your data will be directly associated with your account. If you do not wish for this data to be associated with your Google profile, you must log out before activating the button. YouTube stores your data as usage profiles and processes it, regardless of whether you have a Google account, for the purposes of advertising, market research and/or the demand-oriented design of its website.
    The legal basis of the processing of your data is your consent pursuant to Art. 6(1) Sentence 1(a) GDPR. Google also processes your personal data in the US. The EU Commission has not issued an adequacy decision for data transfers to the US. The legal basis of the transfer to the US is your consent pursuant to Art. 49(1) Sentence 1(a) GDPR. For more information about the purpose and scope of data processing and how long YouTube stores such data, please refer to https://policies.google.com/privacy.
    You can withdraw your consent to the processing and transfers to third countries at any time, either by sending us a message using the contact details provided under Responsible provider or by disabling the checkbox for YouTube in the "Select trackers" section of the consent tool. This does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.

  • Services for statistical, analysis and marketing purposes
    We use services from third parties for statistical, analysis and marketing purposes. This enables us to offer you a user-friendly, optimised experience when visiting the website. The third-party providers use cookies to control their services (see “Cookies” above). In the following, we inform you about the services from third-party providers currently in use on our website, about the respective processing in each case, and about how you can object.
  • Google Analytics

    In order to tailor our website perfectly to user interests, we use Google Analytics, a web analytics service from Google (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, fax: +353 (1) 436 1001). Google Analytics uses cookies (see "Cookies" above), which are stored on your device. Google uses the cookies to process the information generated about the use of our website by your device – e.g. the fact that you have visited a certain page – and processes, among other things, the data mentioned under "Using our website", in particular your IP address, browser information, the website visited before and the date and time of the server request, for the purpose of statistical analysis of how people use our website. For this purpose, it is also possible to determine whether different devices belong to you or to your household. This website uses Google Analytics with the "anonymizeIp()" extension. This shortens IP addresses before they are processed, in order to make it much more difficult to identify individuals. According to Google, your IP address is shortened beforehand within member states of the European Union. Only in exceptional cases will the full IP address be transferred to a Google server in the US and shortened there. On our behalf, Google will process this information for the purpose of evaluating your use of this website, compiling reports for us on website activity, and – where we point this out separately – providing us with other services relating to website usage. Google will not associate the IP address transmitted by your browser for these purposes with any other data held by Google. The legal basis of this processing is your consent under Art. 6(1) Sentence 1(a) GDPR. Google also processes the data in part in the US. The EU Commission has not issued an adequacy decision for data transfers to the US; the legal basis for transfers to the US is your consent under Art. 49(1) Sentence 1(a) GDPR. Your data processed in connection with Google Analytics will be erased after 14 months at the latest. For further information about privacy at Google, please refer to: http://www.google.de/intl/en/policies/privacy. 

    You can withdraw your consent to the processing and transfers to third countries at any time by disabling the checkbox in the "Select trackers" section of the consent tool. This does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.

  • Google Analytics Advertising

    We also use the web analytics service Google Analytics with the marketing function Google Analytics Advertising, which is provided by Google (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland and Google, LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, US). To this end, Google Analytics Advertising uses technologies such as cookies, tracking pixels and device fingerprinting to track specific user behaviour on websites. This involves processing information that is stored on users' devices. Google uses the tracking pixels embedded in websites and the cookies stored on users' devices to process the information generated about the use of our website by users' devices and access data for the purpose of statistical analysis – e.g. the fact that a specific website has been accessed or the user registered for newsletters – and for the purpose of displaying personalised ads on this basis. For these purposes, it is also possible to determine whether different devices belong to you or to your household. With the additional Google Analytics Advertising function, it is possible to create target groups for certain cookies or mobile advertising IDs and reuse them later on for targeted personalised advertising. Target group criteria may include but are not limited to: users who have viewed products but not added them to a shopping cart or have added them to a shopping cart but not completed the purchase; or users who have purchased certain items. A target group comprises at least 100 users. With the help of the Google Ads tool, interest-based ads can then be displayed in search results. In this way, it is possible to recognise users of websites on other websites within the Google advertising network (in Google Search or on YouTube, so-called Google Ads, or on other websites) and present them with ads tailored to the specified target group criteria. Ads may also refer to products and services that users have already viewed on our website. Access data includes in particular the IP address, browser information, the website visited before and the date and time of the server request. Google Analytics is used with the "anonymizeIp()" extension. This shortens IP addresses before they are processed, in order to make it more difficult to identify individuals. Due to the use of the Google Analytics Advertising tool the user's browser automatically establishes a direct connection to the Google server. If a user is registered with a Google service, Google can associate the visit with the user's account and create and evaluate user profiles across applications. The legal basis of this processing is your consent under Art. 6(1) Sentence 1(a) GDPR. Google also processes the data in part in the US. The EU Commission has not issued an adequacy decision for data transfers to the US; the legal basis for transfers to the US is your consent under Art. 49(1) Sentence 1(a) GDPR. Your data processed in connection with Google Analytics will be erased after 14 months at the latest. For further information about privacy at Google, please refer to: http://www.google.de/intl/en/policies/privacy. 

    You can withdraw your consent to the processing and transfers to third countries at any time by disabling the checkbox in the "Select trackers" section of the consent tool. This does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.

Copyright © by Spirit Legal

Imprint

Imprint:

Responsible for the content:
PROMECON
process measurement control GmbH
Steinfeldstraße 5
D-39179 Barleben
Germany

CEO/President: Dipl.-Ing. Hans Georg Conrads

The Registrar:

Amtsgericht Stendal HRB 108991
VAT- ID: DE 174106920

Data Protection Officer:

Spirit Legal LLP Rechtsanwälte
Rechtsanwalt und Datenschutzbeauftragter
Peter Hense

Contact:

Phone: +49 (0)39203 512-0
Fax: +49 (0)39203 512-202
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Internet: www.promecon.com

Picture Credits:

betoon, wead, DjelicS, metamorworks, Blue Planet Studio – istockphoto, toolboxx-media UG, Promecon, wavebreakmedia_micro - www.freepik.com

Contact

Contact

GERMANY
PROMECON process measurement control GmbH

Steinfeldstr. 5
D-39179 Barleben / Germany
Phone: +49 (0)39203-512 0
Service: +49 (0)39203 512-150
Sales: +49 (0)39203 512-250
Fax: +49 (0)39203-512 202
This email address is being protected from spambots. You need JavaScript enabled to view it.
Find your way to us

UNITED STATES
PROMECON USA, Inc.

2125 Center Avenue, Suite 507
Fort Lee, NJ 07024 / USA
Phone: + 201 302-6004
This email address is being protected from spambots. You need JavaScript enabled to view it.

Read more …Contact

Contact USA

Contact Page USA

 

UNITED STATES
PROMECON USA, Inc.

2125 Center Avenue, Suite 507
Fort Lee, New Jersey 07024, USA
Phone: +1 832 273 2287
Fax: +1 201 302-6062
This email address is being protected from spambots. You need JavaScript enabled to view it.

GERMANY
PROMECON process measurement control GmbH

Steinfeldstr. 5
D-39179 Barleben / Germany
Phone: +49 39203-512 0
Service: +49 39203 512-150
Fax: +49 39203-512 202
This email address is being protected from spambots. You need JavaScript enabled to view it.
Find your way to us

GTC

General Terms and Conditions of Sale, Delivery and Payment

of PROMECON process measurement control GmbH; Steinfeldstraße 5, 39179 Barleben; Germany, AG Stendal (Stendal local court, commercial register) HRB 108991 (hereinafter referred to as PROMECON)

  • I. General provisions – Scope

    1) All quotes, deliveries, and services provided of PROMECON shall be made exclusively on the basis of these Terms and Condi-tions, irrespective of whether PROMECON manufactures the delivery item or purchases it from suppliers.

    2) These General Terms and Conditions of Sale, Delivery and Payment shall apply exclusively. Any conflicting or deviating general terms and conditions of the Buyer shall be expressly rejected.

    3) These General Terms and Conditions of Sale and Delivery shall not apply to consumers.

    4) Transmission by fax or remote data transmission shall be deemed to satisfy the written form requirement within the meaning of these Terms and Conditions.

  • II. Description of services

    The specifications contained in the contractual description of services shall comprehensively and conclusively determine the properties of the delivery item. Public statements made by PROMECON, its suppliers, assistants or third parties (e.g., representations of product properties in public) shall not constitute descriptions of the delivery item that supplement or modify the service specification. The German version of the description of services shall be authoritative; PROMECON shall not be liable for translation mistakes.

  • III. Quotes and conclusion of contract

    1) All quotes are subject to change unless PROMECON indicates that they are binding. This shall also apply if PROMECON provides brochures, technical documentation, other product descriptions or documents, including electronically. PROMECON shall be entitled to the property rights and copyrights to such documents and documentation. They may only be made accessible to third parties with PROMECON's prior consent.

    2) Orders shall only be legally binding after written order confirmation issued by PROMECON.

    3) PROMECON shall be entitled to withdraw from the contract if PROMECON does not receive the delivery item despite the prior conclusion of a corresponding purchase contract; this shall not affect PROMECON's liability for willful intent or negligence. PROMECON shall inform the Buyer immediately of the nontimely availability of the delivery item and, if PROMECON intends to withdraw from the contract, shall exercise the right of withdrawal immediately; in case of withdrawal, PROMECON shall reimburse the Buyer for the corresponding service without any undue delay.

    4) Orders transmitted to PROMECON electronically shall be deemed to have been received only after they have been retrieved and opened by PROMECON. For orders placed electronically, the Buyer waives its right of receiving a confirmation of the receipt of the order.

  • IV. Prices

    1) Unless otherwise agreed, prices applicable at the time of the conclusion of the contract shall apply to delivery ex works, excluding packaging, freight, transfer, insurance, customs duties plus any statutory sales tax applicable at the time. If, after the conclusion of the contract, costs such as raw material prices, increase beyond PROMECON's control by more than 10%; for deliveries due later than four months after the conclusion of the contract PROMECON shall be entitled to charge the prices applicable on the day of delivery.

    2) The deduction of discounts shall require a special written agreement.

    3) The minimum order value for deliveries within Germany shall be EUR 150.00. If an order does not reach this amount, PROMECON shall be entitled to invoice the minimum order value. For deliveries abroad, a minimum order value of EUR 250.00 shall apply. Orders from abroad below the minimum order value shall not be accepted.

    4) PROMECON shall be entitled to charge a price deviating from the original price in case of changes or additions to products delivered by PROMECON and agreed after the conclusion of the contract, in case of documents or calculations requested by the Buyer exceeding the original scope of the contract, and in case of translations into a language other than German made at the Buyer's request, provided that the Buyer has been informed thereof in an appropriate manner prior to the agreement on the change or addition.

    5) PROMECON shall be entitled to claim reasonable compensation from the Buyer for expenses actually incurred by PROMECON prior to the conclusion of the contract with regard to the conclusion of the contract (e.g., cost estimates, calculations, technical specifications). This shall also apply if a contract is not concluded.

    6) If PROMECON takes back goods without any legal obligation and as a gesture of goodwill, PROMECON shall be entitled to a restocking fee amounting to 15% of the value of the goods, but in any case, not less than EUR 150.00.

  • V. Terms of payment

    1) Unless otherwise agreed, PROMECON shall make deliveries exclusively against advance payment.

    2) PROMECON shall issue invoices for its services. Invoices must at least comply with the tax regulations of the European Union and, if such regulations do not exist, with the tax regulations of the Federal Republic of Germany and shall be payable within 10 days from the date of the invoice.

    3) The Buyer shall be obliged to check invoices issued by PROMECON upon receipt and notify PROMECON immediately in writing or by fax of any objections. This notification shall be deemed to have been made without any undue delay if it is issued within eight (8) business days from the date of the invoice; the date of receipt of the notification by PROMECON shall be decisive. Any objection to the invoice by the Buyer shall only cause a new payment period to commence pursuant to sentence 2 if it concerns the minimum requirements of the invoice.

    4) If the payment deadline is exceeded, the Buyer shall be in default without any further reminder. If the Buyer is in default, PROMECON has the right to charge interest at a rate of nine (9) percentage points above the base rate of the German federal bank. PROMECON reserves the right to claim further damages caused by default. PROMECON shall charge a fee of EUR 40.00 for the second and each further reminder. The costs of legal action shall be borne by the Buyer.

    5) PROMECON shall be entitled to assign its claims for payment against the Buyer to third parties for the purpose of factoring without requiring the Buyer’s consent.

    6) If PROMECON becomes aware of circumstances indicating any deterioration of the financial situation of the Buyer after the conclusion of the contract, in particular if the Buyer fails to pay due receivables, PROMECON shall be entitled to refuse performance in accordance with statutory provisions and, if necessary, to withdraw from the contract after having set a grace period (Sec. 321 of the German Civil Code). In cases where custommade, individual products are concerned, PROMECON may declare its withdrawal immediately; applicable statutory provisions governing the dispensation of a grace period shall remain unaffected.

    7) In the event of insolvency or an inability to pay or if an application for the opening of insolvency proceedings has been filed against the assets of the Buyer, PROMECON shall be entitled to immediately withdraw from any and all contracts that have not yet been performed.

    8) If there are any outstanding payment claims resulting from the business relationship, PROMECON may refuse further deliveries of goods until the Buyer has settled all payments due.

    9) The Buyer shall only be entitled to offset and retain payments if the counterclaim is undisputed or has been finally determined by a court of law. Furthermore, the Buyer shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contract; any rights of retention resulting from counterclaims from other contractual relationships in the scope of the business relationship shall be excluded.

    10) Any third-party assignment of claims the Buyer has against PROMECON shall only be permissible with PROMECON’s prior consent.

  • VI. Delivery time, delivery delays

    1) Delivery dates shall be agreed individually or stated by PROMECON when confirming the order. Delivery deadlines and dates shall refer to the time when delivery items are handed over to the forwarding agent, carrier or other third parties commissioned with the transport of the goods, provided that the parties agreed on the delivery item being shipped. Delivery dates shall only be deemed to be fixed purchase dates if PROMECON expressly confirms them as such.

    2) Unless otherwise agreed, delivery periods shall commence on the date of order confirmation, but not before the Customer has duly and properly fulfilled its obligations, in particular not before the Customer has provided the necessary permits, approvals or before receipt of any compensation invoiced in advance or any agreed advance payment. PROMECON must be informed of any and all technical specifications and other special customer requests, in particular with regard to the transfer of any documents and forms, before the order is confirmed. Subsequent additions shall be agreed separately, may determine new delivery dates and shall not justify any delay of any approval to be issued by the Customer that may be required.

    3) If PROMECON is prevented from fulfilling its obligations due to unforeseen circumstances of force majeure beyond its control (as defined in Sec. XI (5)) which could not have been avoided despite reasonable care, the delivery period shall be extended by the duration of the impediment.

    4) PROMECON shall reserve the right to plead non-performance of the contract.

    5) The occurrence of a delivery delay shall be determined in accordance with applicable statutory provisions and shall in any case require a written reminder by the Customer.

    6) Damages for a delay can only be claimed in the amount of any foreseeable damage in line with the contract. This shall not apply if the damage was caused by PROMECON intentionally or by gross negligence. The amount of the damage caused by the delay shall be limited to 0.5% of the order value per week and to a maximum of 5% of the order value in total.

  • VII. Delivery, shipping, transfer of risk

    1) PROMECON shall deliver FCA (39179 Barleben, Germany, Steinfeldstraße 5), INCOTERMS® 2020 or in accordance with any other agreed INCOTERMS® clause.

    2) PROMECON shall be entitled to make partial deliveries to the Buyer.

    3) If the delivery item is shipped to the Buyer at the Buyer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer upon dispatch to the Buyer, at the latest upon leaving PROMECON's production site, irrespective of who bears the freight costs and whether the shipment is made from the place of performance.

    4) The Buyer shall be responsible for taking back and disposing of any transport packaging and other packaging.

  • VIII. Retention of title

    1) PROMECON shall retain title to the delivered goods until full payment of the purchase price and any ancillary claim.

    2) PROMECON shall retain title to the goods vis-à-vis merchants until full payment of any and all claims resulting from the business relationship.

    3) In the event that the delivery item or any new goods be sold, the Buyer hereby assigns to PROMECON as a precautionary measure its claim against its customer resulting from the resale including any and all ancillary rights, without any further special declarations being required. The assignment shall be valid including any balance claims. However, the assignment shall be limited to the amount corresponding to the price of the delivery item invoiced by PROMECON. The share of the claim assigned to PROMECON shall be satisfied with priority.

    4) Despite any assignment, the Buyer shall be entitled to collect its claim against the Customer. PROMECON's right to collect the claim from the Customer shall only become effective if the Buyer fails to meet its payment obligations, upon the institution of insolvency proceedings, a protest of a cheque or bill of exchange or a seizure of the Buyer's property. Assigned outstanding payment received thereafter shall be immediately collected in a special account. In this case, the Buyer shall also be obliged to provide PROMECON with all information required for collection, to hand over the relevant documents, and to inform the debtor about the assignment. Furthermore, in this case the Buyer's right to resell or process the goods and to collect the outstanding amounts shall expire.

    5) By processing the delivered goods together with goods owned by third parties, the Buyer shall not acquire ownership of the wholly or partially manufactured goods. In case of processing, mixing or combining the conditional commodities with other materials, PROMECON shall acquire co-ownership of the newly created item in proportion to the invoice value of PROMECON's conditional commodities, without any obligation on PROMECON's part in this respect. The Buyer shall store free of charge any and all items that PROMECON co-owns. Should the retention of title expire due to any circumstances, Seller and Buyer already agree that title to the items shall pass upon processing to the Seller who shall accept the transfer of title.

    6) If the Buyer combines the delivery item or the new goods with real property, it shall also assign its claim to which it is entitled as remuneration for the combination in the amount corresponding to the price of the delivery item invoiced to PROMECON, without any further special declarations being required.

    7) The Buyer may neither pledge the conditional commodities nor assign them as collateral. In case of seizure or attachment, the Buyer shall immediately inform PROMECON and provide any and all information and documents so that PROMECON can assert its rights. Persons entitled to seizure, enforcement officers, insolvency administrators or other third parties shall be informed of PROMECON's property rights.

    8) If the Buyer meets its payment obligations by handing over cheques or bills of exchange, PROMECON's property rights shall remain in force until PROMECON can no longer be held liable with regard to these means of payment.

    9) In the event that the Buyer violates its obligations, in particular in case of default, PROMECON shall be entitled, even without setting a grace period, to demand the surrender of the delivery item or the new goods and/or – if necessary, after setting a grace period – to withdraw from the contract; the Buyer shall be obliged to surrender the goods. In order to assert the right of retention of title, it shall not be necessary to withdraw from the contract. By demanding the return of the delivery item / the new goods, PROMECON shall not declare its rescission of the contract unless expressly stated.

    10) Any and all rights to which PROMECON is entitled under any collateral agreement, in particular ownership by way of security and reserved ownership in any shape or form, shall be transferred to a factoring company in the event that PROMECON assigns such claims to such factoring company.

  • IX. Warranty

    1) The contractual properties of the goods shall be exclusively determined based on the specifications listed in PROMECON's order confirmation.

    2) The suitability of the goods for the Buyer’s intended purposes shall not be tied to the properties of the goods. The contractual agreed properties of the goods shall cover customary and minor technically unavoidable deviations, wear and tear inherent in the nature of the goods, deviations from the quality (color and shape) described in brochures or similar representations or in offers, insofar as they result from the natural irregularity of the materials used. Such deviations do not constitute a defect. In case of defects which do not or only insignificantly affect the value of the delivered item, the Buyer shall not derive any warranty rights. The information contained in brochures, price lists, catalogs, and advertisements issued by PROMECON as well as in the quotation documents, including drawings, images, technical data, etc., shall not be binding and shall not release the Buyer from the obligation to examine the goods in terms of their suitability for the intended purpose. The aforementioned information and documents shall only become part of the contract if PROMECON expressly confirms them as being binding.

    3) To enforce its warranty claims, the Buyer must immediately inspect and notify PROMECON of any defective goods. The Buyer shall inspect the goods for any defects or damage immediately after delivery. Failure to inspect the goods shall be at the expense of the Buyer. If a defect or damage becomes apparent during the inspection or later, PROMECON must be notified immediately in writing or by fax. Such notification shall be deemed to have been made without any undue delay if it is made within ten (10) business days after the passing of the risk, with the date of receipt of the notification by PROMECON being decisive. Irrespective of the duty to examine and give notice of defects, obvious defects as well as wrong or short deliveries must be notified immediately in writing or by fax. If the Buyer fails to duly inspect the goods and/or to notify PROMECON in due time, PROMECON shall not be liable for any defect not notified.

    4) PROMECON reserves the right to deviations customary in trade with regard to the dimensions of the delivery items specified in the Buyer's order, unless exact compliance with the dimensions has been expressly warranted or agreed.

    5) The Customer may only assert claims regarding any assumed suitability if it has been expressly agreed.

    6) If the goods are defective at the time of the passing of risk, PROMECON may, at its own discretion, repair or replace the defective goods or replace unusable parts with non-defective parts free of charge within ten days after receipt of the goods. Any return of defective goods to PROMECON shall require PROMECON's prior written consent. The return shipment must be packed properly and securely for transportation at the Buyer's expense. Even in case of justified notices of defects, PROMECON shall not reimburse any costs incurred due to the lack of coordination between the contracting parties pursuant to sentence 2 of this section.

    7) If a notice of defect is unfounded, the Buyer shall reimburse PROMECON for any and all expenses incurred in dealing with such notice of defect.

    8) In case of a defect, PROMECON shall initially be entitled to remedy the defect by repairing it. After two unsuccessful attempts to remedy a defect or in the event of the unsuccessful expiry of a reasonable grace period set by the Buyer for the repair, the Buyer may rescind the contract or reduce the amount of consideration due.

    9) The Buyer shall give PROMECON the necessary time and opportunity to assert its claims and, in particular, hand over the defective goods for inspection purposes.

    10) If the Buyer modifies instruments, devices, software, and parameter sets without PROMECON's help, PROMECON shall be released from any liability.

    11) Warranty claims for defects for which PROMECON is not responsible shall be excluded to the extent that they extend beyond repair or subsequent delivery.

    12) Warranty claims shall be excluded in case of insignificant deviations from the agreed quality, in case of natural deterioration, in case of damage occurring after the passing of risk due to faulty or negligent handling, in case of improper use, faulty assembly, natural wear and tear, and improper maintenance.

    13) The statutory limitation period for warranty claims enforced by the Customer shall be twelve (12) months after the passing of risk.

    14) PROMECON shall not be obliged to keep and deliver spare parts beyond the warranty period or any warranty period exceeding the warranty period, unless the parties have agreed on a separate spare parts warranty.

    15) PROMECON is certified according to DIN EN ISO 9001:2015 and ISO 45001:2018. Additional certification standards or quality guidelines shall only be complied with if agreed separately.
    16) PROMECON's liability for disruption of operations, production downtime, loss of profit, loss of use, loss of contracts or any other consequential or indirect damage shall be excluded.

  • X. Liability, limitation period

    1) Unless otherwise provided in these Terms and Conditions including the provisions set forth in this section, PROMECON shall be liable for contractual and non-contractual breaches of obligations in accordance with statutory provisions.

    2) Regardless of the legal ground, liability shall be limited to cases of intent and gross negligence. This excludes:
    a. Damage resulting from injury to life and limb and health,
    b. Damage resulting from any violation of essential contractual obligations (i.e., contractual obligations that need to be fulfilled for the proper execution of the contract and whose observance the Customer may customarily rely on).
    In this case, however, liability shall be limited to compensation for any foreseeable damage in line with the contract. The limitations of liability under this clause shall not apply if PROMECON has fraudulently concealed a defect or given a warranty for the quality of the goods.

    3) Liability under the Product Liability Act shall remain unaffected.

    4) Unless PROMECON is liable for injury to life and limb or health or due to any intentional or grossly negligent breach of contractual obligations, all claims for damages against PROMECON shall become statutebarred one year after the statutory commencement of the limitation period.

    5) PROMECON shall not be liable for any breach of contract or damage due to an uncontrollable and unforeseeable event (force majeure). Force majeure shall be deemed to include, but not be limited to, measures and action by authorities, weather conditions, unavailability of raw materials, industrial disputes, disruptions of PROMECON’s own operations, disruptions of operations of carriers and subcontractors (to the extent that a replacement cannot reasonably be expected), disruptions of transport routes, war, insurrection, natural disasters, epidemics, pandemics, and infectious diseases.

    6) PROMECON shall consider the effects of the Covid pandemic as well as its side effects as a case of force majeure, in particular with regard to the restriction or failure of PROMECON’s production capacities or those of its suppliers or service providers, of transport options or other legal or factual conditions for the manufacture, supply, import or export or delivery of goods. If suppliers fail to deliver to PROMECON, PROMECON shall not be obliged to procure goods or services from other suppliers. PROMECON shall inform its customers about the expected delay to the extent that a delivery date can be determined.

    7) PROMECON shall not be liable for sanctions and measures resulting from embargos.

  • XI. Spare parts

    1) If PROMECON is obliged to deliver spare parts to the Buyer after the end of any serial supply with regard to any custommade special parts or such items which were not or are no longer part of PROMECON’S range of products at the time the order was or is placed, PROMECON shall reject any binding prices for such spare parts stipulated by the Buyer. In particular, PROMECON shall not be obliged to continue to supply spare parts at the quoted price of any serial parts after serial supply has stopped. Prices for spare parts fixed in advance shall always be subject to an individual agreement between PROMECON and the Buyer.

    2) PROMECON shall not be obliged to deliver any quantity of spare parts ordered by the Buyer. Rather, when ordering spare parts, the Buyer shall purchase and pay for a minimum quantity based on the production lot size of PROMECON's upstream suppliers.

    3) Unless PROMECON has expressly undertaken to do so in an individual case, PROMECON shall not be obliged to oblige its suppliers to store and keep tools after the end of any serial supply.

    4) If by express agreement PROMECON undertakes to keep stocks of spare parts in stock for a certain period of time, such stocks of spare parts shall bear interest at a rate of five (5) percent above the base rate per annum to compensate for any and all costs incurred for keeping the parts in stock. The Customer shall be obliged to pay such interest on inventory annually by March 31 of the following year.

    5) After expiry of any mandatory stock keeping period for spare parts, the Buyer shall be obliged to purchase and pay for all spare parts on stock. Alternatively, the Buyer may request PROMECON to scrap any stock and receive the proceeds of scrapping, less the costs of scrapping and any interest on inventory that has not yet been paid.

  • XII. Patents, industrial property rights

    1) Any patents, copyrights, and other intellectual property rights tied to the delivered goods and the associated documentation shall be observed by the Buyer, who shall be liable for any infringement of these rights. The rights referred to in sentence 1 may not be transferred unless the contracting parties enter into a separate agreement to this effect.

    2) If PROMECON executes orders on the basis of drawings, sketches or other information provided by the Buyer, the Buyer shall bear any and all risk with regard to patent, design or trademark rights and indemnify PROMECON against any claims enforced by third parties for the infringement of such rights. The Buyer undertakes not to reproduce any items contained in PROMECON's delivery program.

  • XIII. Confidentiality

    1) The Buyer warrants that documents provided to PROMECON for the delivery of custommade products (in particular so-called special parts and parts of drawings) are free from any third-party property rights.
    In case of defects of title, the Buyer shall indemnify PROMECON against all corresponding claims by third parties, unless the Buyer is not responsible for such defect of title.

    2) As a matter of principle, PROMECON shall not be obliged to check documents provided by the Buyer for correctness. PROMECON shall not be responsible for any product defects resulting from incorrect documents provided by the Buyer.

    3) PROMECON shall be entitled to use documents provided by the Buyer for processing the inquiry and subsequently for fulfilling the contract concluded with the Buyer. For this purpose, the Buyer shall grant PROMECON the right to use the documents for any and all purposes tied to the performance of the contractual relationship without any restriction in time or space. In particular, PROMECON shall be entitled to pass on the documents to its sub-suppliers.

  • XIV. Data protection

    1) The Buyer permits PROMECON to collect, process and store data relating to himself to the extent and for as long as this is necessary for the execution and fulfilment of the contract and the business relationship or for as long as PROMECON is obliged to store such data in accordance with statutory provisions.

    2) PROMECON reserves the right to transmit personal data of the Customer to credit agencies to the extent that this is necessary for the purpose of credit checks or the enforcement of claims.

  • XV. Severability clause

    Should any provision of these General Terms and Conditions of Sale and Delivery or any provision subsequently incorporated be or become invalid in whole or in part or should a gap in these General Terms and Conditions of Sale and Delivery become apparent, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced or the gap filled with an effective or enforceable provision that comes as close as possible to the legal and economic intent that the contracting parties had in mind or would have intended in line with the purpose of the contract if they had considered this point when concluding the contract.

  • XVI. Place of jurisdiction, place of performance, applicable law

    1) The place of performance shall be PROMECON's place of business.

    2) The place of jurisdiction shall be Barleben, Germany. PROMECON shall, however, also be entitled to bring charges against the Buyer at any other admissible place of jurisdiction, in particular at the place of the Buyer's registered office or where the Buyer's assets are located.

    3) The law of the Federal Republic of Germany shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and the conflict of law provisions.

    4) The interpretation of the contract and these Terms and Conditions shall be determined by their meaning in the German language and within the scope the law of the Federal Republic of Germany.

 

PROMECON process measurement control GmbH
Steinfeldstraße 5
39179 Barleben
Germany

Registry court of Stendal HRB 108991

Version 12/2020

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