Terms & Conditions

Last Modified: October 13, 2016

Please read these Terms and Conditions and our Privacy Policy carefully before using the website www.bahlsengroup.com/us (“Website”). By accessing or using the Website, you accept the provisions of these documents and agree to abide and be bound by them.

1.  Acceptable Use Policy

You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.

All material on the Website and any material sent to you by e-mail or any other form from the Website (the “content”), or in any way relating to the Website, belongs to Bahlsen North America (“Bahlsen” or “us”). You may retrieve and display content from the Website on a computer screen, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone.

We own the copyright and all other intellectual property rights associated with the content except where otherwise stated.

You may not do any of the following without prior written permission from us:

  • Reproduce, other than allowed under this Acceptable Use Policy, or modify any of the content including research material distributed to you from our research department;
  • store or redistribute any of the content (including using it as part of any library, archive or similar service);
  • set up links from any website controlled by you to the Website, except to the Website’s home page; or
  • use our trademarks. Note that other product and company names and logos mentioned or displayed in the Website may be the trademarks, service marks or trading names of third parties.
  • impersonate another person; use a false or unauthorized name, identity or e-mail address; or try to mislead others as to the identity or origin of any communications;
  • modify, access or make available data stored on a computer device which you have accessed through our network;
  • make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g., names/addresses) without their prior consent;
  • damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair its functionality;
  • obtain or attempt to obtain unauthorized access, through whatever means, to the Website, other services or computer systems or areas of our or any of our partners’ networks;
  • make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website;
  • publish, post, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent, threatening, harassing or other unlawful or objectionable material or information; or
  • assist others to do any of the above.

In accessing and interacting with us through the Website, you agree not to:

We retain the absolute right to prevent you from accessing the Website, without prejudice to any of our accrued rights, where we consider in our sole discretion that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions.

2.   E-mail Policy

We reserve the right to take such action as we in our sole discretion deem fit in respect of any e-mail or other communication which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.

3.   Disclaimer of Warranties

USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH OR BY BAHLSEN VIA THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS.

BAHLSEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BAHLSEN MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE OR INFORMATION RETRIEVED FROM IT. BAHLSEN ASSUMES NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE INFORMATION, PRODUCTS, OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.

YOU UNDERSTAND THAT BAHLSEN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE BAHLSEN WEBSITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. BAHLSEN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4.   Limitation of Liability

TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW:  

  • BAHLSEN SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE;
  • BAHLSEN SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE AND
  • YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

If you are not satisfied with the Website, you should terminate your use of the Website.

5.   Indemnification

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened by third parties, in each case arising from your use of, or conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.

Bahlsen reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Bahlsen’s defense of such matter. 

6.   E-commerce with Third Parties

Your dealings with any third parties, in particular advertisers and/or merchants, via the Website, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in relation to such dealings.

7.   Termination

We may terminate the provision of the Website or restrict your access to it without any prior notice to you where (by way of example and without limitation):

  • there is a regulatory or statutory change limiting our ability to provide a Website;
  • any event beyond our reasonable control prevents us from continuing to provide a Website; or
  • we consider in our sole discretion that it is necessary to do so or you are otherwise acting in breach of these Terms and Conditions.

8.   Additional Services

From time to time we may provide services through the Website, however, the download time may vary considerably between the types of content, and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.

9.   Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the State of Delaware applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree that Morris County, New Jersey shall be the sole and exclusive venue for any legal action or proceeding between Bahlsen and you for any purpose concerning these Terms and Conditions or the Website. You agree to waive any jurisdictional, venue, or inconvenient forum objections to venue in Morris County, New Jersey. Any cause of action or claim you may have with respect to these Terms and Conditions or the Website must be commenced within the shorter of; the applicable statue of limitations, or weher the law permits parties to agree to a different limitations period, one (1) year after.

10.   Agreement to Arbitrate

These Terms and Conditions provide that all disputes between you and Bahlsen will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

11.   Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND BAHLSEN ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTEND ALLOWED BY LAW, TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND BAHLSEN AGREE THAT ANY SUCH ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS AND CONDITIONS IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND BAHLSEN BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

12.   General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If Bahlsen does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Bahlsen with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to use of the Website.

13.   Survival

The provisions of these Terms and Conditions titled “Acceptable Use Policy,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “E-commerce with Third Parties,” “Choice of Law and Jurisdiction,” “Agreement to Arbitrate,” “Waiver of Jury Trial and Class Actions,” and “General” shall survive the termination of the Terms and Conditions.

14.   Privacy Policy

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your data in compliance with the Privacy Policy.

15.   Changes to these Terms and Conditions

We reserve the right to make changes to any part of the Website, including these Terms and Conditions and the Privacy Policy, with or without prior notice to you.

If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Website.

16.   Contact

If you have any queries concerning any part of these Terms and Conditions please contact us by e-mail at BNAInfo@bahlsen.com or at the following address:

Attn: Customer Service

Bahlsen North America Inc.
100 Eagle Rock Avenue Suite 200
East Hanover, NJ 07936

Privacy Policy

Last Modified: April 19, 2016

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

Your privacy matters a great deal at Bahlsen. This Privacy Policy describes the types of information we gather from individuals visiting our website, www.bahlsengroup.com/us (“Website”), and how we use that information.

By accessing our Website, which is owned and operated by Bahlsen N. America, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Website. Every time you visit our Website, your visit will be subject to the then-current version of this Privacy Policy located on this page. When you visit our Website, you should check the date of the Privacy Policy and review any changes that have been made since your last visit to our Website. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

You should read our Terms and Conditions together with this Privacy Policy. By accessing our Website, you are acknowledging that both this Privacy Policy and our Terms and Conditions apply to your use of this Website.

Information Collected by Us

While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, address, e-mail, or other contact or account information (“Personal Information”).

We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies,” which are small electronic data files stored on a user’s computer containing information about the user. Cookies allow us to aggregate user data and analyze how the Website is being used by visitors in order to optimize and create the best possible customer experience. The cookies we use do not hold any Personal Information.

At any time you can change your web browser settings to reject or delete cookies that have already been saved on your computer. However, rejecting or deleting cookies may prevent some parts of the Website from working correctly on your computer. You may also stop cookies from being deployed on your computer by configuring your browser not to accept them. Your browser’s “help” feature will provide you relevant information on this topic.

Specific information we may collect automatically when you access our Website includes information such as your Internet Protocol (IP) address, computer and connection information, internet browser type, operating system and platform. We may also collect the full URL (Uniform Resource Locator) clickstream including how you came to our Website, what you viewed, how long you stayed, and when you left, including the date and time. We also may place information in our e-mails to you (such as a web beacon) that allows us to measure our e-mail deliverability and effectiveness. Finally, we may use software tools to help us analyze session information including response times, page interaction information (e.g., clicks, mouse-overs, and scrolling), and download errors.

Web Analytics

We use website analytics tools such as Google Analytics to measure the performance of the pages on the Website. We only use trusted web analytics platforms that provide statistical insight into interaction and behaviors of website visitors.

These platforms work by dropping a cookie onto your computer on our behalf. The information gathered by the cookies will be transmitted to a secure server and fed into the analytics software. This software will provide us with information about website usage that reflects visitor behaviors and used to enhance our website experience.

Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. The Google Analytics Terms of Service agreement is available online at https://www.google.com/analytics/terms/us.html. The Google Privacy Policy is available online at https://www.google.com/policies/privacy/. Google’s own explanation of how it uses information collected by Google Analytics is online at www.google.com/policies/privacy/partners/. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser.

Children’s Online Privacy Protection Act Compliance

We do not, under any circumstances, knowingly collect information from anyone under 13 years of age. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us at BNAInfo@bahlsen.com or at the following address:

Attn: Customer Service, COPPA
Bahlsen North America Inc.
100 Eagle Rock Avenue Suite 200
East Hanover, NJ 07936

Once we receive your request, we will delete that information from our databases as soon as is reasonably practicable.

Data entry form

On our website you will find a data entry form which you can use to get in touch with us. By filling this form in, you are providing us with your personal information on an optional basis (e.g. name, address, email address, telephone number). The data will only be used for the purpose for which it was transmitted to us by the user and will not be transmitted to third parties.

Privacy Statement for online application manager

The personal information from your application and all other disclosures which you make as part of your online application are only used by Bahlsen North America Inc. and are only collected, processed and used for the internal assessment, assignment and forwarding of your application. Unless you inform us otherwise, we work on the assumption that we are able to consider your application for all vacant positions within our company and that we can forward your documentation to the relevant contact in each respective case.

By entering your own personal information, you are giving us permission to save and use it in consideration of the current legal obligations as stated in the German Federal Data Protection Act. We understand that this data is personal information and we will only use it within the company and treat it as confidential information.

Once entered, this data will remain stored on our system in its entirety for up to 12 months, or until you request that it is deleted. This will also be the case if your application is unsuccessful.

If you would like your application data to be deleted then you can of course request for this to happen at any time. Please let us know by using the “send message” function. We will then arrange for your data to be deleted from the system as soon as possible. If you would like to delete your Portal Account, this can be done after you log in by clicking on “delete Portal access”.

You agree to your data being saved, processed and transmitted for the sole purpose of the application process used by Bahlsen. You assure us that the details you provide are an accu-rate representation of the truth. You declare you are aware that if any false statements are made in an application, this entitles the employer under certain circumstances to contest any future employment contract or to terminate it without notice due to fraudulent misrepresentation or deception. 

We Do Not Share Information About Our Customers

We do not share, sell or disclose your Personal Information with any third party except when necessary to fulfill orders, supply awards or prizes as stated above or to provide you with customer service.

We reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary, in our sole discretion, to (i) satisfy any law, regulation, legal process, governmental request, or governmental order, (ii) enforce this Privacy Policy and our Terms and Conditions us.bahlsen.com, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues (including exchanging information with other companies and organizations for fraud protection and spam/malware prevention), (iv) respond to user support requests, or (v) protect the rights, property, health or safety of us, our users, any third parties or the public in general.

Links to Other Websites

Our Website might include links to other websites. While we do not provide our customers’ Personal Information to these third-party websites, we cannot be responsible for the privacy practices of those websites, and we caution you to be aware of the privacy practices of all websites. Our Privacy Policy and other policies do not apply to any other website.

Your California Privacy Rights

If you are a California resident, you may ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes and to refrain from sharing your personal information with certain of these entities for their marketing purposes. Please tell us your preference by contacting us at BNAInfo@bahlsen.com or at the following address:

Attn: Customer Service, California Privacy Rights
Bahlsen North America Inc.
100 Eagle Rock Avenue Suite 200
East Hanover, NJ 07936

In your request, please specify that you want a “Bahlsen California Privacy Rights Notice.” Please allow 30 days for a response.

Do Not Track

Bahlsen does not track our Website visitors across third-party websites for the purpose of providing targeted advertising. Accordingly, Bahlsen does not respond to web-browser Do Not Track (“DNT”) signals.

Third parties that have content embedded on the Bahlsen Website may set cookies on a user’s browser and obtain information about the fact that a web browser visited a specific Bahlsen webpage from a given IP address. Third parties cannot collect any Personal Information you have provided to us through the Bahlsen Website unless you provide it to them directly.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Please do not send sensitive data (e.g., Social Security, bank account, or credit card numbers) to us by e-mail.

Terms and Conditions, Notices

Whenever you visit our Website, your visit, and any dispute over our privacy policies is governed by this Privacy Policy and our Terms and Conditions, which include certain limitations on damages, disputes, and choice of law provisions.

Revisions

Since we continuously strive to improve our business and your experience on our Website, we may change this Privacy Policy and our Terms and Conditions. Users of our Website will be notified of any major changes to this Privacy Policy on our homepage. You should regularly access this section of our Website in order to review the most recent version of our Privacy Policy.

Contact Us

Thank you for visiting our Website. If you wish to receive further information regarding our privacy practices, contact us at BNAInfo@bahlsen.com or at the following address:

Attn: Customer Service
Bahlsen North America Inc.
100 Eagle Rock Avenue Suite 200
East Hanover, NJ 07936