Lohr North America LLC
Lohr North America LLC., a Delaware limited liability company, (“Lohr”) operates a website at www.lohr.us (the “Site”) for the purpose of enabling customers, prospective customers and other interested parties in the United States the ability to learn more about Lohr and its products and services. Lohr respects your privacy, and this policy covers Lohr’s processing, protection, transfer and use of information collected from you through the Site.
You should review this policy carefully, and be sure you understand it, prior to using the Site. Your use of the Site or any other indication of your acceptance hereof is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Data Definitions
In this policy:
(a) “Analytical Data” means all Non-Personal Data obtained through the use of session and persistent cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from Lohr, and if you did, the times they were opened).
(b) “Collected Data” means all (i) Personal Data and (ii) Non-Personal Data.
(c) “Non-Personal Data” means all information collected by Lohr, whether electronically or manually, through the Site and e-mail messages and other electronic communications that you send to Lohr, that is not Personal Data (including, but not limited to, any Analytical Data).
(d) “Personal Data” means all information collected by Lohr, whether electronically or manually, through the Site and e-mail messages and other electronic communications that you send to Lohr that relates to an individual in the United States and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address and phone number).
3. Data Collection
No Collected Data is obtained from you, unless it is voluntarily provided, except for any Analytical Data obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Data, Lohr will only collect Personal Data that is (a) relevant to (i) the purposes for which it is provided by you or (ii) Lohr’s other legitimate business purposes (including, but not limited to, marketing) or (b) required by applicable law. You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing Lohr with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to Lohr at any time by terminating your use of the Site or by notifying Lohr as set forth in Section 23. If you refuse to provide any information when requested to do so by the Site, you may not be able to access, or otherwise obtain the benefits of, certain features of the Site.
5. Electronic Communications
Whether or not you have previously sent Lohr an e-mail message, you consent to Lohr’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site or (b) for any other legitimate business purpose of Lohr (including, but not limited to, marketing). Since Lohr endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Lohr as set forth in Section 23 or by following the directions contained in such e-mail messages or other electronic communications.
6. Analytical Data
When you access the Site, Lohr will collect Analytical Data. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to use some features of the Site.
Analytical Data will only be used by Lohr (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of Lohr (including, but not limited to, marketing). Lohr will collect Analytical Data either directly or through third parties acting on its behalf.
7. Data Locations
All electronic Personal Data is held by Lohr on servers located at Lohr’s places of business and on other servers located at off-site data centers located in France.
8. Protection of Personal Data
Lohr will use commercially reasonable administrative and technical measures to protect Personal Data from loss and unauthorized access, alteration, destruction, disclosure and use. Such measures shall ensure a level of protection appropriate to the specific risks identified by Lohr and in compliance with any laws applicable to Lohr. Even if Lohr uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization. In providing any information to Lohr, you must assume the risk that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization.
9. Use of Collected Data
All Collected Data may be used by Lohr for any legitimate business purpose. If Lohr expressly states in this policy or in another writing that any Collected Data will only be used for a specific purpose, Lohr will only use such Collected Data for such purpose, unless you subsequently consent to its being used for another purpose.
10. Transfer of Collected Data
Any Collected Data obtained by Lohr, whether or not for a specific purpose, may be transferred to third parties designated by Lohr (including, but not limited to, any affiliates, customers, distributors, sub-contractors or vendors of Lohr) for any purposes for which Lohr could use such Collected Data.
Lohr may also at any time, in its sole discretion, transfer any Collected Data, whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying national security, law enforcement and other requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Lohr or a third party, or (d) transfer such Collected Data to a third party acquiring all, or substantially all, of the assets of Lohr. If Collected Data is so transferred, Lohr will have no responsibility for any action of the third party to whom or which such Collected Data is transferred.
11. Data Deletion
Upon the request of an individual sent pursuant to Section 23, Lohr will delete Personal Data relating to him or her from its servers (and servers of third parties acting on behalf of Lohr) when it is no longer required for the purposes for which it was collected and processed, unless Lohr is legally permitted or required to continue holding it, or it is relevant to Lohr’s interests in any judicial proceeding or other dispute.
12. Third-Party Sites
13. Data Accuracy
Lohr does not warrant or represent that any Personal Data will be accurate or up-to-date. However, upon your request, Lohr will grant you access to your Personal Data in the possession, or under the control, of Lohr solely for the purpose of correcting or deleting such Personal Data that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Data for such purpose, you must contact Lohr in writing as set forth in Section 23.
14. California Residents
Pursuant to California law, residents of California may request certain information regarding the transfer by Lohr of their Personal Data to third parties for direct marketing purposes of such third parties. To make such as request, you must contact Lohr as set forth in Section 23.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Data of such child has been submitted to Lohr through the Site without the parent’s or guardian’s consent, Lohr will use commercially reasonable measures to remove such information from Lohr’s servers at the parent’s or guardian’s request. To request the removal of such Personal Data, the parent or guardian must contact Lohr as set forth in Section 23, and provide all information requested by Lohr to assist it in identifying the Personal Data to be removed.
16. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, the laws of the state of Georgia, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Any complaint by you regarding any Collected Data, or otherwise relating to this policy, must first be submitted to Lohr as set forth in Section 23, and Lohr must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Lohr’s completing such investigation and so responding, Lohr and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Lohr in connection with the unresolved portion of your complaint only in a court located in Coweta County, Georgia, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s being an improper venue for your complaint.
18. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Lohr, with respect to Collected Data. If you use the Site, such use or dealings will be subject to this policy, plus any other written agreement between you and Lohr that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Lohr may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by Lohr after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
21. Liability Limitation
LOHR SHALL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER SIMILAR DAMAGES FOR ANY FAILURE TO PERFORM AN OBLIGATION PURSUANT TO THIS POLICY OR OTHERWISE RELATING TO YOUR COLLECTED INFORMATION.
Except as provided in this policy or required by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
23. Contact Information
If you have any questions or complaints, desire additional information, or need to notify Lohr of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact Lohr as follows:
Lohr North America LLC
Attn: Philippe FORTMANN
140 Amlajack Way
Newnan, Georgia 30265
199 Bolivar Drive Bradford, PA 16701
Effective Date: July 1st, 2019