Legal notes

Legal notes

© Copyright 2016 Metabo USA


Copyright - All rights reserved.

Terms of Use

 

Website Visitors

 

Like most website operators, Metabo collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Metabo’s purpose in collecting non-personally identifying information is to better understand how Metabo’s visitors use its website. From time to time, Metabo may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

 

Metabo also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on WordPress.com blogs. Metabo only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

 

Gathering of Personally-Identifying Information

 

Certain visitors to Metabo’s websites choose to interact with Metabo in ways that require Metabo to gather personally-identifying information. The amount and type of information that Metabo gathers depends on the nature of the interaction. Individuals or entities might be able to engage in transactions with Metabo are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Metabo collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Metabo. Metabo does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

 

Given the international scope of the Operators websites, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information. If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection. Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 (“EU Privacy Directive”) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to its transfer to and/or storage in the United States of America.

 

Children’s Privacy

 

Metabo is committed to protecting the children’s privacy, especially those under 13. As such Metabo encourages parents and guardians to be actively involved with their child or children’s online browsing and interests. Metabo does not intentionally collect information from minors. Furthermore, Metabo does not target its Site to children.

 

Links to Non-Operators Web Sites

 

The Site may include links to other websites or locations some of which may be operated by Metabo or its affiliates, and others operated by third parties. These links are merely for convenience to you. We have not reviewed the information on other sites. We are not responsible for the content of any other sites or any products or services that may be offered through other sites. Thus, you should exercise caution when using other websites, as you do so at your own risk. Metabo encourages you to review the privacy policy of any web site before submitting personal information.

 

Aggregated Statistics

 

Metabo may collect statistics about the behavior of visitors to its websites. Metabo may display this information publicly or provide it to others. However, Metabo does not disclose personally-identifying information other than as described below.

 

Protection of Certain Personally-Identifying Information

 

Metabo discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that:

 

·        need to know that information in order to process it on Metabo’s behalf or to provide services available at Metabo’s websites, and

 

·        that have agreed not to disclose it to others.

 

 

 

Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Metabo’s websites, you consent to the transfer of such information to them. Metabo will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Metabo discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Metabo believes in good faith that disclosure is reasonably necessary to protect the property or rights of Metabo, third parties or the public at large. If you are a registered user of an Metabo website and have supplied your email address, Metabo may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Metabo and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Metabo takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

 

Cookies and Do Not Tract Requests

 

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Metabo uses cookies to help Metabo identify and track visitors, their usage of Metabo website, and their website access preferences. Metabo visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Metabo’s websites, with the drawback that certain features of Metabo’s websites may not function properly without the aid of cookies. Metabo will not honor do not tract requests.

 

Business Transfers

 

If Metabo, or substantially all of its assets, were acquired, or in the unlikely event that Metabo goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Metabo may continue to use your personal information as set forth in this policy.

 

Ads

 

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Metabo and does not cover the use of cookies by any advertisers.

 

Opting Out

 

Occasionally, Metabo may email you electronic newsletters, announcements, surveys or other information, or otherwise communicate with you via an automatic process. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic newsletters and announcements, or emailing opt.out@metabousa.com indicating your desire to be taken off any list or have your data removed from Metabo’s services.

 

 Privacy Policy Changes

 

Although most changes are likely to be minor, Metabo may change its Privacy Policy from time to time, and in Metabo’s sole discretion. Metabo encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this Site after any change in this Privacy Policy will constitute your acceptance of such change.

 

Disclaimers and Limitation of Liability

 

This privacy policy shall be governed by the same disclaimers and limitations on liability as found in Metabo’s Terms of Use insofar as they are applicable and insofar as permitted by law.

 

Governing Law and Exclusive Venue

 

This privacy policy shall be governed by the same Governing Law and Exclusive Venue as found in Metabo’s Terms of Use insofar as those terms are applicable and insofar as permitted by law.

 

 

 

 

 

Metabo Supply Chain Warning

 

Metabo supports the goals and ideals of the California Transparency in Supply Chains Act of 2010 and is always striving to be the best power tool manufacturer as well as a responsible corporate neighbor and citizen. The Metabo Corporate Business Principles are the foundation of the company’s culture, developed over the course of 140 years. Since Metabo’s beginning, we have built our company driven by the notion that for the long-term success of the company, the long-term profitability of its shareholders, and the goodwill of our customers, we must not only comply will all appropriate legal requirements, but also ensure that what we do is sustainable and creates value to our collective society.

 

As such, Metabo institutes the following:

 

1. Product Supply Chains / Suppliers

 

Metabo believes that the regular practice and habit of responsible actions underpins its commitment. We bind our suppliers to The Metabo Supplier Code, which sets forth non-negotiable minimum standards for Metabo’s suppliers. These standards ensure that Metabo products are handled with Health and Safety, Labor Standards, Business Integrity, and the Environment in mind. Metabo also obligates its suppliers to impose the same principles and requirements on its own suppliers pursuant to its contracts.

 

In short, our suppliers must: comply with the applicable laws of all relevant jurisdictions, be intolerant of any corruption or bribery, and obey the fundamental rights of its employees and the prohibition against child labor. Furthermore, the suppliers are responsible for their employees’ health and safety at work, fair wages and working hours, and compliance with the applicable environmental protection laws.

 

2. Supplier Audits

 

Metabo also requires, through its Standard Supplier Agreement, that its vendors comply with the principles and requirements of the Code of Conduct for Suppliers of the Metabo group, and reserves the right to request the supplier verify in writing its compliance, as well as reserving the right to verify through on-site audit of the suppliers’ premises.

 

If Metabo becomes aware of any actions or conditions not in compliance with the Metbo Supplier Agreement, Metabo reserves the right to demand corrective measures. Metabo reserves the right to terminate an agreement with any supplier who does not comply with the Metabo Supplier Code.

 

3. Human Rights in our business activities

 

As indicated in the Metabo’s stated business principles, Metabo fully supports the United Nations Global Compact’s (UNGC) guiding principles on human rights and labor, and aims to provide an example of good human rights’ and labor practices throughout our business activities.

 

4. Code of Business Conduct

 

The Metabo Corporate Business Principles contain values, principles, and commitments that Metabo has across the world. This Code of Business Conduct specifies and helps the continued implementation of the Metabo Corporate Business Principles by establishing certain nonnegotiable minimum standards of behavior in key areas.

 

5. Employee Training

 

The Metabo Corporate Business Principles was provided to each of our employees by the end of 2010. It also came with additional learning and training tools. Employees were asked to acknowledge their receipt and reading of The Metabo Corporate Business Principles.

 

The Metabo Corporate Business Principles will continue adapt to a changing world and changing requirements. Our basic tenants are unchanged though. Our company was founded on honesty, transparency, and a commitment to long-term growth as a brand and as a neighbor.

 

 

 

California Proposition 65 Compliance

 

The following warning appears on many products and may appear on some of ours:

 

WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

 

This warning in compliance with the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more commonly referred to as “Proposition 65.”

 

The warning does not by itself mean that our products cause cancer or reproductive harm. Importantly, the Proposition 65 warning does not indicate that a product is in violation of any product-safety standards or requirements. California has expressed this fact publically stating, “[t]he fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe.” Califronia also explained, “You could think of Proposition 65 more as a ‘right to know’ law than a pure product safety law.” See http://oehha.ca.gov/prop65/background/p65plain.html.

 

Thus, while we are firmly committed to providing safe and reliable products, Proposition 65 requires us to provide the above notice.

 

What is Proposition 65?

 

Proposition 65 applies to any company selling, manufacturing, or otherwise producing products brought into or made in California. It requires the Governor of California to maintain and publish a list of chemicals that are known to cause cancer, birth defects and/or other reproductive harm. This list is updated annually and includes a variety of chemicals, most of which can be found in household items, such as dyes, cleaning supplies, drugs, food-additives, pesticides, fertilizers and tobacco products. The purpose of Proposition 65 is to ensure that people are informed about exposure to these chemicals.

 

Proposition 65 further mandates warnings placed on all products, product packagings, or product literature, which contains or may contain any of the myriad chemicals that the California Air Resources Board considers harmful. As has been noted, many of the chemicals requiring a Proposition 65 warning are routinely used in household consumer items for years without documented harm.

 

A business does not have to post such warnings if it demonstrates that exposure to a listed Proposition 65 chemical causes or poses “no significant risk.” For carcinogens, the “no significant risk” level is calculated as not more than one excess case of cancer in 100,000 individuals exposed over a 70-year lifetime. Put simply, if you are exposed to the chemical in question at this level every day for 70 years, theoretically, it will increase your chances of getting cancer by no more than 1 case in 100,000 individuals so exposed.

 

For reproductive toxicants, the “no significant risk” level is calculated as even if the exposure was multiplied by 1,000, it would not produce birth defects or other reproductive harm. Put simply, the level of exposure is below the “no observable effect level,” divided by 1,000. (The “no observable effect level” is the highest dose level which has not been associated with observable reproductive harm in humans or test animals.)

 

A Proposition 65 warning usually arises out of two reasons: (1) the business has evaluated the exposure and has concluded that it exceeds the “no significant risk level;” or (2) the business has chosen to provide a warning simply based on its knowledge about the presence of a listed chemical without attempting to evaluate the exposure. Metabo has chosen to provide a warning based on its knowledge about the presence of one or more listed chemicals without attempting to evaluate the level of exposure, as not all of the listed chemicals provide exposure limit requirements. With Metabo's products, the exposure may be negligible or well within the “no significant risk” range. However, out of caution, Metabo has chosen to provide the Proposition 65 warnings.

 

I purchased this product outside of California; why it is included?

 

Our products are sold across the nation and internationally. It is extremely difficult and unduly costly to determine those products that will ultimately be bought or brought into California. Thus, to ensure compliance with Proposition 65’s requirements, Metabo include all such warnings on its products out of an abundance of causation.

 

For more information about Proposition 65 visit: http://www.oehha.ca.gov/prop65/getNSRLs.html

 

 

 

California Transparancy Law in Brief

 

 

 

Large retail sellers and manufacturers across the nation who are doing business in California face a deadline of January 1, 2012 to comply with the California Transparency in Supply Chains Act of 2010, Civil Code Section 1714.43, also known as Senate Bill 657 (Steinberg) (2009-10).

 

 

 

Signed into law in 2010 by former Governor Arnold Schwarzenegger, the Act requires every retail seller and manufacturer doing business in California and having annual worldwide gross receipts that exceed $100 million to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.

 

 

 

The Act's stated intent is "to ensure large retailers and manufacturers provide consumers with information regarding their efforts to eradicate slavery and human trafficking from the supply chains, to educate consumers on how to purchase goods produced by companies that responsibly manage their supply chains, and, thereby, improve the lives of victims of slavery and human trafficking."

Who must comply with the California Transparency in Supply Chains Act?

If the company answers "yes" to the following three questions, it is subject to the Act:

1. Is the company a "retail seller" or "manufacturer?"
As self-reported on its California tax return, a "retail seller" is "a business entity with retail trade as its principal business activity code," and a "manufacturer" is "a business entity with manufacturing as its principal business activity code."

2. Is the company "doing business in California?"
Doing business in California is defined as "actively engaging in any transaction for the purpose of financial or pecuniary gain or profit."
 
3. Does the company have annual worldwide "gross receipts" that exceed $100,000,000?
"Gross receipts" include "gross amounts realized… on the sale or exchange of property, the performance of services, or the use of property or capital… in a transaction that produces business income, in which the income, gain, or loss is recognized… under the Internal Revenue Code..." It does not include, even if business income, items identified in California Revenue and Taxation Code Section 25120(f)(2)).

What disclosures are required under this new law?

The Act requires, at a minimum, disclosure of what actions the company is taking, if any, in five areas:

 

·        Engaging in verification of product supply chains to evaluate and address risks of human trafficking and slavery, specifying if the verification was not conducted by a third party.

 

·        Conducting audits of suppliers to evaluate compliance with company standards for trafficking and slavery in supply chains, specifying if the verification was not an independent, unannounced audit.

 

·        Requiring direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.

 

·        Maintaining internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking.

 

·        Providing company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products.

 


How must the disclosures be made?

The required disclosures are to be posted on the company's website with a "conspicuous and easily understood link" to the required information on the website's homepage. If the retail seller or manufacturer does not have a website, consumers are to be provided the written disclosures within 30 days of receipt of a written request.

When must the disclosures be posted?

The disclosures required by the Act must be posted starting on January 1, 2012.

Who is entitled to enforce the Act?

The exclusive remedy for a violation of the Act is an action brought by the Attorney General for injunctive relief. This section, however, is not intended to limit remedies available for a violation of any other state or federal law.

What else do you need to know?

The Franchise Tax Board will also be required to make available to the Attorney General a list of retail sellers and manufacturers that would be covered by the Act.