Privacy Policy

Insofar as the content of this online application or the following regulations refer to persons only in the masculine form, this refers to women and men in the same way.

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1. disclaimer
The content of this online application, in particular the information contained therein, is non-binding. The use of this online application and/or the retrieval of information does not constitute a contractual relationship between the user and Kensington Fields Solution. Kensington Fields Solution has made every reasonable effort to ensure that the content of this online application is appropriate, authentic, complete and correct at the time of publication. However, Kensington Fields Solution does not assume any warranty or any other liability whatsoever, in particular not for damages arising from or in connection with the use of the content and information published on this online application. An analogous exclusion of liability in favor of Kensington Fields Solution also applies to the operation and availability of this online application. The user therefore makes any decision regarding the use of or reliance on the content and information of this online application on his own sole responsibility. Kensington Fields Solution reserves the right to make changes or additions to the content and information provided on the online application and to discontinue the operation of this online application without prior notice.

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2. copyright
Unless expressly stated to the contrary in this online application, the copyright in relation to this online application and all content, data and/or documents made available and used via this online application lies exclusively with Kensington Fields Solution. Kensington Fields Solution does not grant the user any right of use or any other right whatsoever with regard to its associated rights (in particular industrial property rights, copyright, etc.). The user of this online application may, however, use these contents, data and/or documents - exclusively - for his own personal informative use. Any other use or utilization of these contents, data and/or documents (e.g. storage in databases, reproduction, integration of individual pages of this online application in other online applications, websites, frames etc. and any form of commercial use) as well as any disclosure to third parties - even in part or in revised form - without the prior consent of Kensington Fields Solution is strictly prohibited. The use of trademarks of Kensington Fields Solution displayed on this online application (e.g. company name, brands, logos, product logos, etc.) - irrespective of the presence of a symbol indicating an industrial property right - is strictly prohibited. The above regulations also apply analogously to online applications or software and their respective contents that are used directly or indirectly by this online application of the Kensington Fields Solution.

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3. links to online applications of third parties / exclusion of liability
When accessing online applications or software of third parties, whose access or use is made possible in this online application of the Kensington Fields Solution, e.g. via hyperlinks, the rights and regulations of these third party providers apply exclusively to their online applications or software. The user hereby accepts this and is obliged to comply with these regulations of the third-party provider. Kensington Fields Solution hereby excludes all responsibility and liability with regard to third-party online applications or software linked to this online application and their content.

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4 Use of data and consent of the user
By using this online application of Kensington Fields Solution, the user provides Kensington Fields Solution with personal information and, by entering this information in this online application or by giving his express consent, agrees that this information - subject to express revocation by the user - is not subject to confidentiality and may be used by Kensington Fields Solution free of charge in the manner specified in the privacy notice in this online application. Kensington Fields Solution will lawfully collect, process and, if necessary, disclose to third parties any information that qualifies as personal data of the user in accordance with the relevant statutory data protection provisions (e.g. Austrian Data Protection Act, EU General Data Protection Regulation).

1. Objectives

We process certain categories of your personal data which we receive from you in the course of our business relationship. For the purpose of transparency and in accordance with Article 13 of the General Data Protection Regulation (GDPR), we therefore want to inform you about the data processing as follows: 

 

2. Definitions

• “GDPR” shall mean the Regulation (EU) 2016/679 of the European Parliament and the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

• “EU Data Protection Law” shall mean all laws and regulations, including laws and regulations of the European Union (e.g. GDPR), the European Economic Area and their member states, applicable to the processing of personal data (as defined therein).

• “Personal data” shall mean any information relating to an identified or identifiable natural person as defined in article 4 para 1 GDPR.

• “Controller” shall mean the natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

• “Processor” shall mean a natural or legal person, public authority, agency or another body, which processes personal data on behalf of the Controller.

• “Processing” shall mean any operation or set of operations performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, alignment or combination, restriction, erasure, or destruction.

• “Consent” shall mean any freely given, specific, informed, and unambiguous indication of his or her wishes by which the data subject signifies agreement to personal data being processed. 

 

3. General Information

Controller: The controller of the data processing is Kensington Fields Solution. Hereinafter “Kensington Fields Solution”, “we”, or “us”. For any request and further information regarding the processing of your personal data, please contact office@kensingtonfields.com. Lawfulness of Processing: We may only process personal data if the processing is necessary:

• for the performance of a contract (e.g., to provide products and services, carry out customer/business partner instructions, fulfill commitments, execute supplier contracts, etc.);

• to comply with a legal obligation to which we are subject;

• for our legitimate interests (such as maintaining the security of our operations and premises, and promoting our products and services); and

• with your prior, free, and informed consent for one or more specific processing purposes. 

 

​4. Data Processing Concerning Customers and Business Partners

We may use personal data for the following specific purposes:

• Management of our business relationship: Processing in particular your name, surname, and contact details (address, email address, phone number, if applicable).

• Promoting products and services: Processing in particular your name, surname, and contact details (company, email address, country, and department).

• Personalization and Event Management: Personalizing our products and services, organizing events, and fulfilling commitments.

• Compliance and Security: Ensuring compliance with legal obligations and protecting the security of our premises and data through video surveillance, where permitted by law.

• No Automated Decisions: We do not make decisions about data subjects based exclusively on automated processing that produce legal effects concerning them or similarly significantly affect them. Data Collection Sources Personal data may be collected directly from you or from the following sources: • search engines such as Dow Jones,

• official publications/databases, or

• publicly available databases from third parties. Recipients or Categories of Recipients Personal data collected may be shared with:

• advertising agencies, government authorities, event organizers, tax accountants, accounting firms, legal advisors, business partners, and other service providers, only for the purposes mentioned above. We may also pass on your personal data to third parties if required by law, or in exceptional circumstances (e.g., police or law enforcement). In the event of reorganization or transfer of our organization, we may also pass on your personal data to (un)related third parties. Retention of Personal Data Your personal data will be retained as long as necessary for the purposes outlined above, with the following criteria: • during the business relationship;

• after termination of the relationship:

  • for an additional three years for follow-up on operations and legal matters;

  • for seven years for marketing and communications; or

  • to fulfill statutory record retention requirements. 

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With regard to use for our action or defence in response to claims and/or disputes, for the period provided by law and for any additional period if needed. 

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5. Data Processing regarding visitors of our website

We process personal data for the purposes of our legitimate interests (operation, analysis, and improvement of our website). For further information on the use of cookies and analysis services, please read our Cookie Policy. You have the right to object to the processing of your personal data based on our legitimate interests with effect for future processing activities (see section “Your Rights”). 

 

6. Data Processing regarding job applicants

Lawfulness of processing: The lawfulness of the data processing is based either on the performance of pre-contractual measures (application procedure aiming to conclude an employment contract) or your explicit consent if you would like us to keep your application on file. Data processing For the purposes of dealing with your job application, we process in particular the following personal data:

• Name

• Contact details (address, email address, phone number, if applicable)

• Information from your CV (educational background, etc.) We disclose your personal data to the following categories of recipients (but not necessarily all personal data to all recipients):

• Our other entities The period for which your personal data will be processed and stored by us is determined by the following criteria:

• The time of the application process

• The time we are keeping your data on file based on your explicit consent

• The fulfillment of statutory record retention requirements 

 

7. Security

We implement adequate technical and organizational measures to ensure a level of security of your personal data that is appropriate to the risks. We take appropriate measures to ensure that we report security incidents leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data. 

 

8. Transfer to a third country or international organization
Your personal data will in principal only be processed within the European Economic Area (EEA). In the event that we would transfer your personal data to countries outside the EEA, we will ensure that the same level of protection is achieved (e.g., by concluding standard contractual clauses with the Processor located in a country outside the EEA). 

 

9. Your rights 

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9.1. Information and Access
You are entitled to obtain information from us as to which personal data are being processed and to access that personal data upon request. We will provide you with one copy of the personal data undergoing processing free of charge, unless the disclosure may adversely affect the rights and freedoms of others. To request information or access to personal data concerning you, please contact: office@kensingtonfields.com. 

 

9.2. Rectification and Erasure

You are entitled to request rectification of inaccurate personal data or completion of incomplete personal data concerning you without undue delay. You are entitled to request erasure of personal data without undue delay, if:

• Personal data are no longer necessary in relation to the purposes for which they were collected,

• You withdraw your consent in cases where processing is based only on consent,

• Your personal data have been unlawfully processed,

• Personal data have to be erased for compliance with a legal obligation applicable to us. However, we are not obliged to execute such erasure if processing is necessary for:

• Exercising the right of freedom of expression and information,

• Compliance with a legal obligation to which we are subject,

• The performance of a task carried out in the public interest or in the exercise of official authority,

• Reasons of public interest in the area of public health,

• Archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, or

• The establishment, exercise, or defence of legal claims. To request rectification, completion, or erasure of personal data concerning you, please contact: office@kensingtonfields.com. 

 

9.3. Right to Object

Regarding the processing of your data for the purposes of promoting our products and services, you have a right to object. Upon receipt of your objection, we will stop processing your personal data for this purpose. To object to the processing of your personal data, please contact: office@kensingtonfields.com. 

 

9.4. Restriction of Processing

You are entitled to request the restriction of processing of personal data in the following circumstances and for the following periods:

• You contest the accuracy of the personal data concerning you; restriction of processing may be effected for a period enabling us to verify the accuracy of the relevant personal data.

• The processing is unlawful, and you oppose the erasure of the personal data and request the restriction of their use instead.

• We no longer need the personal data for the purposes of processing, but they are required by you for the establishment, exercise, or defence of legal claims.

• You have objected to processing, for the period until the verification whether our legitimate grounds override yours. To request the restriction of processing of your personal data, please contact: office@kensingtonfields.com. 

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9.5. Data Portability

You are entitled to data portability, namely to receive your personal data which you have provided to us and which is processed:

• Based on your consent or the concluded contract, and

• By automated means, in a structured, commonly used, and machine-readable format. To request data portability of your personal data, please contact: office@kensingtonfields.com. You are entitled to request that the personal data is transmitted directly to another controller by us, where technically feasible. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority. 

 

9.6. Complaint

You have the right to lodge a complaint with the Austrian Data Protection Authority (Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, E-Mail: dsb@dsb.gv.at).

1. General

The sales contract is only valid when confirmed by our written order confirmation. Our General Terms of Sale and Delivery always constitute an integral part of the sales contract and shall also apply for all subsequent sales contracts without requiring separate notification of such applicability. Collateral agreements and the purchaser’s Terms of Purchase shall only be applicable if confirmed or acknowledged by us in writing. Lack of objection shall under no circumstances constitute tacit acceptance on our part. 

 

2. Price

Our sales prices are quoted exclusive of any possible value-added tax, which shall be paid by the purchaser at the applicable statutory rate. Any bonuses, discounts, credit notes for goods, etc., are calculated on the basis of the sales prices excluding value-added tax. 

 

3. Delivery date

The delivery date shall be the date agreed for collection of the goods or the agreed date of arrival of the goods. If this agreed delivery date is exceeded, the purchaser shall be entitled to withdraw from the sales contract after granting a period of grace of at least four weeks; notice of withdrawal shall be given in writing, by fax, or e-mail. The period of grace shall commence on the day on which we receive the purchaser’s notice of withdrawal. Claims for damages by the purchaser based on delayed delivery or in the event of a withdrawal shall be excluded to the extent permitted by law. If the purchaser sends a truck to collect the goods from one of our works:

• a) we must be informed of the collection at least five working days in advance, with specification of the transport company, the goods to be collected, and the quantities concerned;

• b) the truck driver has to collect the goods from our works on the agreed day, not later than 12 noon Monday to Thursday and not later than 10:00 a.m. on Fridays, unless the purchaser has been expressly informed by us otherwise;

• c) the truck driver must present a corresponding collection order. All claims by the purchaser on account of delayed delivery are excluded, regardless of their nature. 

 

4. On-call deliveries

If it is agreed that goods are to be called by the purchaser during a specific period, we shall be entitled to withdraw from the sales contract partly or completely and without granting a period of grace if the goods are not called on schedule. We shall in all cases be entitled to charge storage costs for the period by which the agreed call period is exceeded. 

 

5. Type and route of shipment

Unless agreed otherwise in writing, the type and route of shipment shall be determined by us. 

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6. Notice of defects

Defects of the goods are deemed to have been accepted unless claims for defects are asserted by the purchaser in writing, by fax, or e-mail, specifying the precise nature of the defect immediately, at the latest, however, within 3 working days from arrival of the goods at their destination. This shall not apply in the case of defects that cannot be discovered within the above time limit, despite careful examination. Such defects shall be deemed to have been accepted if claims for defects are not asserted as specified above immediately after being discovered, at the latest, however, within 6 weeks from arrival of the goods at their destination. After the assertion of claims for defects, the purchaser shall at our request without delay send samples of the defective goods as well as documents providing evidence of the defect to us and moreover take samples of the goods together with an expert named by us and carry out securing of evidence in the manner specified by us. If the purchaser should fail to comply with any such request, any and all claims for defects shall be forfeited. 

 

7. Warranty and liability

We exclusively warrant that, at the time of passing of risk, the goods correspond to the specifications expressly agreed upon. Beyond that warranty, no express or implied warranty of any other characteristics of the goods is provided by us. The purchaser shall bear all risks concerning the usability of the goods for a particular purpose unless we have given a written assurance to the contrary. If a notice of defect has been duly given and is justified, we shall, at our discretion and with due consideration of the customer’s interests, either reduce the price, improve the goods, carry out a replacement delivery (exchange), or take back the goods and refund the purchase price. All other claims against us, particularly claims for compensation for direct or consequential damages, are explicitly excluded to the extent permitted by law. 

 

8. Terms of payment

Our invoiced sales prices, including invoiced prices for part deliveries, shall be fully paid in time and without deductions, so that they are received by us not later than the date on which they are due. In the case of delayed payments, we shall charge interest at a rate of 8% above the three-month Euribor, applicable for the period of delay. Noncompliance with the terms of payment shall result in all our still outstanding accounts receivable from the purchaser becoming immediately due for payment and shall entitle us to withdraw from the sales contract without granting any period of grace and to claim damages for non-performance. 

 

9. Retention of ownership

We shall retain ownership of the goods delivered until the purchaser has discharged all its obligations in full, in particular until the purchase price has been paid in full, including all secondary costs, such as interest, charges, expenses, etc. 

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10. Force Majeure

Force Majeure affecting us or our suppliers and impeding the performance of outstanding delivery obligations towards our customers entitles us at our own discretion to either suspend for the duration of the impediment and a reasonable start-up period or withdraw wholly or partially from the sales contract, without the purchaser acquiring any claims against us therefrom. 

 

11. Trademarks and proprietary rights

If our goods are marked with a trademark and/or company logo and the goods are rebottled, rewrapped, processed, mixed with other products, etc., by the purchaser, our marks may subsequently only be used with our prior written consent. 

 

12. Consultation

Consultation provided by our staff shall not constitute any contractual relationship or give rise to any subsidiary obligations associated with the sales contract. 

 

13. Statutory regulations

The purchaser shall be responsible for ensuring compliance with all relevant statutory and official regulations associated with the further use and/or resale of our goods. 

 

14. Partial invalidity

If any of the provisions of these General Terms of Sale and Delivery prove or become invalid or ineffective, this shall not affect the validity of the remainder. 

 

15. INCOTERMS

Unless agreed otherwise in writing, the trade terms used in the sales contract shall be interpreted according to the INCOTERMS (issued by the International Chamber of Commerce in Paris) as last amended. 

 

16. Place of performance

Unless agreed otherwise in writing, the place of performance for delivery and payment shall be Tulln, Austria. 

 

17. Applicable law

The sales contract shall be governed by Austrian law by exclusion of its rules for conflict of laws. The regulations of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. 

 

18. Place of jurisdiction

Place of jurisdiction shall be Tulln, Austria. However, we reserve the right to file legal actions against the purchaser at its statutory place of jurisdiction, at our discretion.  

 

For any inquiries, please contact office@kensingtonfields.com.