Last updated on 03. January 2020
Welcome to AGFS an AMEC-EUROPE LTD. department.
AGFS, AMEC-EUROPE LTD. and/or their affiliates (“AGFS”) provide website features and other products and services to you when you visit or shop at agfs.aero (the “website”), use AGFS, products, or services, use AGFS applications for mobile, or use software provided by AGFS in connection with any of the foregoing (collectively “AGFS Services”). Please see our Privacy Notice, our Cookies Notice, and our Interest-Based Ads Notice to understand how we collect and process your personal information through AGFS Services. AGFS provides the AGFS Services and sells our products to you subject to the conditions set out on this page. Agfs.aero. is the trading name for AGFS.
Conditions of Use
Last Updated: 03. January 2020
Please read these conditions carefully before using AGFS Services. By using AGFS Services, you signify your agreement to be bound by these conditions. We offer a wide range of AGFS Services, and sometimes additional terms may apply. When you use an AGFS Service (for example Your Profile, AGFS applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that AGFS Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
1.
ELECTRONIC COMMUNICATIONS
When you use any AGFS
Service or send e-mails to us, you are communicating with us electronically. We
will communicate with you electronically in a variety of ways, such as by
e-mail, text, in-app push notices or by posting e-mail messages or
communications on the website or through the other AGFS Services, such as our
Message Centre. For contractual purposes, you agree that all agreements,
notices, disclosures and other communications that we provide you
electronically satisfy any legal requirement that such communications be in
writing, unless mandatory applicable laws specifically require a different form
of communication.
2. RECOMMENDATIONS
AND PERSONALISATION
As part of the AGFS
Services, we will recommend features, products, and services, including third
part ads that might be of interest to you, identify your preferences, and personalize
your experience.
3. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS
All content included in or made available through any AGFS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of AGFS or its content suppliers and is protected by UK and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any AGFS Service is the exclusive property of AGFS and is protected by Swiss and international copyright and database right laws.
You may not extract and/or re-utilize parts of the content of any AGFS Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any AGFS Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any AGFS Service (e.g. our prices and product listings) without our express written consent.
4.
TRADEMARKS
Used graphics,
logos, page headers, button icons, scripts, and service names included in or made
available through any AGFS Service are trademarks or trade dress of AGFS. AGFS
trademarks and trade dress may not be used in connection with any product or
service that is not AGFS’s, in any manner that is likely to cause confusion
among customers or in any manner that disparages or discredits AGFS. All other
trademarks not owned by AGFS that appear in any AGFS Service are the property
of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by AGFS.
5.
PATENTS
One or more patents
owned by AGFS apply to the AGFS Services and to the features and services
accessible via the AGFS Services. Portions of the AGFS Services operate under
license of one or more patents.
6.
LICENCE AND ACCESS
Subject to your
compliance with these Conditions of Use and applicable Service Terms and your
payment of any applicable fees, AGFS or its content providers grant you a
limited, non-exclusive, non-transferable, non-sublicensable license to access
and make personal and non-commercial use of the AGFS Services. This license
does not include any resale or commercial use of any AGFS Service or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of any AGFS Service or its contents; any downloading
or copying of account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any
Service Terms are reserved and retained by AGFS or its licensors, suppliers,
publishers, rights holders, or other content providers. No AGFS Service, nor
any part of any AGFS Service, may be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without our
express written consent. You may not frame or use framing techniques to enclose
any trademark, logo or other proprietary information (including images, text,
page layout, or form) of AGFS without our express written consent. You may not
use any meta tags or any other “hidden text” utilizing AGFS’s names
or trademarks without our express written consent.
You may not misuse the AGFS Services. You may use the AGFS Services only as
permitted by law. The licenses granted by AGFS terminate if you do not comply
with these Conditions of Use or any Service Terms.
7. YOUR
ACCOUNT
You may need your
own AGFS account to use certain AGFS Services, and you may be required to be
logged into the account and have a valid payment method associated with it.
If there is a problem charging your selected payment method, we may charge any
other valid payment method associated with your account.
If you use any AGFS Service you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and to the extent permitted by applicable law you agree to accept
responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept
confidential and secure and should inform us immediately if you have any reason
to believe that your password has become known to anyone else, or if the
password is being, or is likely to be used in an unauthorized manner. You are
responsible for ensuring that the details you provide us with are correct and
complete, and for informing us of any changes to the information you have
provided. You can access your information in the Your Account section of the
website.
You must not use any AGFS Service: (i) in any way that causes, or is likely to
cause, any AGFS Service, or any access to it to be interrupted, damaged or
impaired in any way, or (ii) for fraudulent purposes, or in connection with a
criminal offence or other unlawful activity, or (iii) to cause annoyance,
inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit
content if you are in breach of applicable laws, these Conditions of Use or any
other applicable terms and conditions, guidelines or policies.
8.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post
reviews, comments and other content; send e-cards and other communications; and
submit suggestions, ideas, comments, questions or other information, as long as
the content is not illegal, obscene, abusive, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any form of “spam”. You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. We reserve the right (but not, in the
absence of a valid notice form, the obligation) to remove or edit such content.
If you believe that any content on or advertised for sale on any AGFS Service
contains a defamatory statement, or that your intellectual property rights are
being infringed by an item or information on any AGFS Service, please notify us
by completing and submitting the appropriate notice form and we will respond.
If you post customer reviews, comments, customer questions or answers, or other
content generated by you for display on the website (including any images,
video or audio, all together “content”, you grant AGFS (a) a
non-exclusive, royalty-free license to use, reproduce, publish, make available,
translate and modify such content throughout the world (including the right to
sublicense these rights to third parties) and (b) the right to use the name
that you submit in connection with such content. No moral rights are
transferred by this provision.
You may delete your content from public view or, where such functionality is
offered, change settings so that it is only shown to people to whom you grant
access.
You represent and warrant that you own or otherwise control all of the rights
to the content that you post; that, as at the date that the content or material
is posted: (i) the content and material is accurate; and (ii) use of the
content and material you supply does not breach any applicable policies or
guidelines and will not cause injury to any person or entity (including that
the content or material is not defamatory). You agree to indemnify AGFS for all
claims brought by a third party against AGFS arising out of or in connection
with the content and material you supply except to the extent that any
liability arises from our failure to properly remove the content when it is
notified of the illegal nature of the content (Notice Form) arising out of or
on the grounds of, or originating from the content that you have communicated
to us.
9.
INTELLECTUAL PROPERTY CLAIMS
AGFS respects the
intellectual property of others. If you believe that your intellectual property
rights have been used in a way that gives rise to concerns of infringement, please
follow our Notice and Procedure for Making Claims of Right Infringements.
10. AGFS
SOFTWARE TERMS
In addition to
these Conditions of Use, the terms found here apply to any software (including
any updates or upgrades to the software and any related documentation) that we
make available to you from time to time for your use in connection with AGFS
Services.
11.
OTHER BUSINESS
Parties other than AGFS
operate stores, provide services, or sell product lines on this website. In
addition, we provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these businesses or individuals or the content
of their websites. AGFS does not assume any responsibility or liability for the
actions, product, and content of all of these or any other third parties. You
can tell when a third party is involved in your transactions, and we may share
your information related to those transactions with that third party. You
should carefully review their privacy statements and other conditions of use.
12. AGFS’S
ROLE
AGFS allows third
party sellers to list and sell their products at agfs.aero. In each such case
this is indicated on the respective product detail page. While AGFS as a
platform provider helps facilitate transactions that are carried out on the AGFS
platform, AGFS is neither the buyer nor the seller of the seller’s items. AGFS
provides a venue for sellers and buyers to negotiate and complete transactions.
Accordingly, the contract formed at the completion of a sale for these third-party
products is solely between buyer and seller. AGFS is not a party to this
contract nor assumes any responsibility arising out of or in connection with it
nor is it the seller’s agent. The seller is responsible for the sale of the
products and for dealing with any buyer claims or any other issue arising out
of or in connection with the contract between the buyer and seller. For
conditions relating to the sale by third parties to you on agfs.aero see the
Participation Agreement.
13. OUR LIABILITY
We will do our utmost to ensure that availability of the AGFS Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to AGFS Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
AGFS will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the AGFS Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any because which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all the limitations described above. If these laws apply to you, some or all the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct
14. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the SWISS, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Swiss, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Swiss or in the EU country in which you live. The European Commission provides for an online dispute resolution platform. If you would like to bring a matter to our attention, please contact us.
15.
ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the
right to make changes to any AGFS Services, policies, terms and conditions
including these Terms & Conditions of Use, and Service Terms at any time.
You will be subject to the terms and conditions, policies and Conditions of Use
in force at the time that you use the AGFS Services. If any of these Conditions
of Use is deemed invalid, void, or for any reason unenforceable, that condition
will be deemed severable and will not affect the validity and enforceability of
any remaining condition.
16.
WAIVER
If you breach these
Conditions of Use and we take no action, we will still be entitled to use our
rights and remedies in any other situation where you breach these Conditions of
Use.
17.
CHILDREN
We do not sell
products for purchase by children. If you are under 18 you may use the AGFS
Services only with the involvement of a parent or guardian.
18. OUR
CONTACT DETAILS
This website is
owned and maintained by AGFS an AMEC-EUROPE LTD. department. Specific terms of
use and sale for other AGFS Services, can be found within this website.
For AGFS an AMEC-EUROPE LTD. department:
Kemp House
152 City Road
London EC1V 2NX
United Kingdom
Registered in England/Wales No 6435444
VAT UK No GB222 7736 13
EORI No GB222 7736 13 000
TSP No GBEIR222 7736 13 000
19.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that
your intellectual property rights have been infringed and you are eligible for
Brand Registry, please sign up to that service and submit your complaint via
Brand Registry. Otherwise, please submit your complaint by email. This email
may be used to report all types of intellectual property claims including, but
not limited to, copyright, trademark, design and patent claims.
Upon receipt of a complaint we may take certain actions, including removing
information or an item, and termination of repeat infringers in appropriate
circumstances. All such actions are taken without any admission as to liability
and without prejudice to any rights, remedies or defenses, all of which are
expressly reserved. This includes forwarding the complaint to the parties involved
in the provision of the allegedly infringing content. You agree to indemnify AGFS
for all claims brought by a third party against AGFS arising out of or in
connection with the submission of a complaint.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on agfs.aero and are posted solely at the direction of Third-Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to AGFS may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
20.
NOTICE AND PROCEDURE FOR NOTIFYING AGFS OF DEFAMATORY CONTENT
Because mass of
products are listed and many customer reviews and comments are hosted on agfs.aero,
it is not possible for us to be aware of the contents of each product listed
for sale, or each customer review or comment that is displayed. Accordingly, we
operate on a “notice and action” basis. If you believe that any
content on, or within a product advertised for sale on, the agfs.aero website
contains a defamatory statement, please notify AGFS immediately by completing
and submitting a notice. Follow the instructions in the notice and send it to legal@agfs.aero
with the subject line “Defamation Notice [insert your name]” or,
alternatively, send it by post to:
AMEC-EUROPE
LTD.
Kemp House
152 City Road
London EC1V 2NX
United Kingdom
Important Warning: giving false, misleading or inaccurate information in the
notice to AGFS of Defamatory Content on agfs.aero may result in civil and
criminal liability.
Conditions of Sale
Last Updated: 03. January 2020
These
Conditions of Sale govern the sale of products by AGFS to you. For conditions
relating to the sale by third parties to you on agfs.aero see the Participation
Agreement. We offer a wide range of AGFS Services, and sometimes additional
terms may apply. When you use an AGFS Service you will also be subject to the
terms, guidelines and conditions applicable to that AGFS Service (“Service
Terms”). If these Conditions of Sale are inconsistent with the Service
Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with AGFS. By
placing an order with AGFS, you signify your agreement to be bound by these conditions.
1. OUR
CONTRACT
Your order is an
offer to AGFS to buy the product(s) in your order. When you place an order to
purchase a product from AGFS, we will send you an e-mail confirming receipt of
your order and containing the details of your order (the “Order
Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement
that we have received your order and does not confirm acceptance of your offer
to buy the product(s) ordered. We only accept your offer, and conclude the
contract of sale for a product ordered by you, when we dispatch the product to
you and send e-mail confirmation to you that we’ve dispatched the product to
you (the “Dispatch Confirmation E-mail”). If your order is dispatched
in more than one package, you may receive a separate Dispatch Confirmation
E-mail for each package, and each Dispatch Confirmation E-mail and
corresponding dispatch will conclude a separate contract of sale between us for
the product(s) specified in that Dispatch Confirmation E-mail. Your contract is
with AGFS. Without affecting your right of cancellation set out in section 2
below, you can cancel your order for a product at no cost any time before we
send the Dispatch Confirmation E-mail relating to that product. This right to
cancel does not apply to certain categories of products and services, including
digital products or software which are not supplied in a physical format (e.g.
on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2. RIGHT
OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION, STATUTORY RIGHT
Unless one of the
exceptions listed below applies, you can cancel your order without giving any
reason within 14 days from the day on which you or a third party indicated by
you (other than the carrier) receives the goods purchased (or last good, lot or
piece if it relates to goods or multiple lots or pieces delivered separately)
or from the day of the conclusion of the contract, in the case of services or
digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (AMEC-EUROPE LTD., Kemp House, 152 City Road, London EC1V
2NX, United Kingdom) of your decision to cancel your order. You may submit your
request according to the instructions and forms available on our Returns
Support Centre, by contacting us, or using this form. In case you use the return
center, we will communicate to you an acknowledgement of receipt by e-mail. To
meet the cancellation deadline, it is sufficient for you to send your
communication before the 14 days’ cancellation period has expired and return
the item via our return center.
For additional information on the scope, content and instructions for the
exercise, please contact our Customer Service.
EFFECTS
OF CANCELLATION
We will reimburse
all payments received from you for the goods purchased, no later than 14 days
from the day on which we received the above communication. We will use the same
means of payment as you used for the initial transaction, unless you have
expressly agreed otherwise. In any event, you will not incur any fees as a
result of such reimbursement. We may withhold reimbursement until we have
received the goods back or you have supplied evidence of having sent back the
goods, whichever is the earliest. If reimbursement occurs after the maximum
time period mentioned above, the amount due to you will as of right be
increased.
Note that you must send back the goods by following the instructions available
on our return center no later than 14 days from the day on which us you
communicate your cancellation. You will have to bear the direct cost of
returning these goods. You may be liable if the value of the goods returned
diminishes due to the handling of the goods (except when it was necessary to
establish the nature, characteristics and functioning of the goods).
EXCEPTIONS
TO THE RIGHT OF CANCELLATION
The right of
cancellation does not apply to:
the delivery of products which are not suitable for return due to health
protection or hygienic reasons if unsealed by you after delivery, or which are,
after delivery, inseparably mixed with other items;
the delivery of sealed audio or video recordings or of sealed software if
unsealed by you after delivery;
the supply of goods made to your specifications or clearly personalized;
the supply of goods which may deteriorate or expire rapidly;
a service if AGFS has fully performed it and you accepted when you placed your
order that we could start to deliver it, and that you could not cancel it once
delivery had started;
the supply of digital content (including apps, digital software, ebooks, MP3,
etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you
accepted when you placed your order that we could start to deliver it, and that
you could not cancel it once delivery had started;
the delivery of newspapers, journals or magazines with the exception of
subscription contracts for the supply of such publications; and
the supply of beverages whose actual value is dependent on fluctuations in the
market which we cannot control.
3.
PRICING AND AVAILABILITY
All prices are exclusive
of legally applicable VAT.
We list availability information for products sold by us on the website
including on each product information page. Beyond what we say on that page or
otherwise on the website, we cannot be more specific about availability. As we
process your order, we will inform you by e-mail as soon as possible if any
products you order turn out to be unavailable and you will not be charged for
those products.
Please note that unless otherwise stated on the website, delivery estimates are
just that. They are not guaranteed delivery times and should not be relied upon
as such.
Despite our best efforts, a small number of the items in our catalogue may be
mispriced. We will verify pricing when processing your order and before we take
payment. If we have made a mistake and a product’s correct price is higher than
the price on the website, we may either contact you before dispatch to request
whether you want to buy the product at the correct price or cancel your order.
If a product’s correct price is lower than our stated price, we will charge the
lower amount and send you the product.
4. PRODUCT INFORMATION
Unless
expressly indicated otherwise, AGFS is not the manufacturer of the products
sold on this website. While we work to ensure that product information on our
website is correct, actual product packaging and materials may contain more and
different information to that displayed on our website. Ingredients may also
change. All information about the products on our website is provided for
information purposes only. We recommend that you do not rely solely on the
information presented on our website. Please always read labels, warnings and
directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information
about a product, please carefully read the information provided with the
product or contact the manufacturer. Content on this site is not intended to
substitute for advice given by a medical practitioner, pharmacist or other
licensed healthcare professional. Contact your healthcare provider immediately
if you suspect that you have a medical problem. Information and statements
about products are not intended to be used to diagnose, treat, cure or prevent
any disease or health condition. AGFS accepts no liability for inaccuracies or
misstatements about products by manufacturers or other third parties. This does
not affect your statutory rights.
5. CUSTOMS
When ordering products from AGFS for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from AGFS, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6.
1-CLICK ORDERING
1-Click ordering is
the fastest and easiest way to order products safely and securely from AGFS. If
you are using a public or shared computer terminal, we strongly recommend that
you deactivate 1-Click ordering when you are not at the computer.
7. OUR
LIABILITY
AGFS and its
affiliates will not be responsible for (i) losses that were not caused by any
breach on our part, or (ii) any business loss (including loss of profits,
revenue, contracts, anticipated savings, data, goodwill or wasted expenditure),
or (iii) any indirect or consequential losses that were not foreseeable to both
you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations
described above. If these laws apply to you, some or all of the above
limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for
fraudulent representations made by us or for death or personal injury caused by
our negligence or willful misconduct.
We will not be held responsible for any delay or failure to comply with our
obligations under these conditions if the delay or failure arises from any because
which is beyond our reasonable control. This condition does not affect your
right to have the products sent to you within a reasonable time. If the delay
occurs before the products are dispatched, we will not charge you for the
products until they are dispatched, and you may cancel your order at any time
prior to dispatch.
8. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the SWISS (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of SWISS, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in SWISS or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
9.
AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the
right to make changes to our website, policies, and terms and conditions,
including these Conditions of Sale at any time. You will be subject to the
terms and conditions, policies and Conditions of Sale in force at the time that
you order products from us, unless any change to those terms and conditions,
policies or these Conditions of Sale is required to be made by law or
government authority (in which case it may apply to orders previously placed by
you). If any of these Conditions of Sale is deemed invalid, void, or for any
reason unenforceable, that condition will be deemed severable and will not
affect the validity and enforceability of any remaining condition.
10. WAIVER
If you breach these
Conditions of Sale and we take no action, we will still be entitled to use our
rights and remedies in any other situation where you breach these Conditions of
Sale.
11.
CHILDREN
We do not sell
products for purchase by children. If you are under 18 you may only use agfs.aero
with the involvement of a parent or guardian.
12. OUR
CONTACT DETAILS
For AGFS an
AMEC-EUROPE LTD. department:
Kemp House
152 City Road
London EC1V 2NX
United Kingdom
Registered in England/Wales No 6435444
VAT UK No GB222 7736 13
EORI No GB222 7736 13 000
TSP No GBEIR222 7736 13 000
Privacy Notice
Last Updated: 03. January 2020
We know that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This Privacy Notice describes how we collect and process your personal information through AGFS websites, devices, products, services, online and physical stores, and applications that reference this Privacy Notice (together “AGFS Services”).
Controllers
of Personal Information
AGFS an AMEC-EUROPE
LTD. Department, Kemp House, 152 City Road, London EC1V 2NX, United Kingdom (together
“AGFS Service”) are data controllers of personal information
collected and processed through AGFS Services. Details can be found here.
EU-US
and Swiss-US Privacy Shield
AGFS participates
in the EU-US and Swiss-US Privacy Shield frameworks.
What
Personal Information About Customers Does AGFS Europe Collect?
We collect your
personal information in order to provide and continually improve our products
and services.
Here are the types of information we gather:
Information You Give Us: we receive and store any information you provide in
relation to AGFS Services. You can choose not to provide certain information
but then you might not be able to take advantage of many of our AGFS Services.
Automatic
Information: we automatically receive and store certain types of information
when you use AGFS Services, such as information about your use, including your
interaction with content and services available through AGFS Services. Like
many websites, we use cookies and other unique identifiers and we obtain
certain types of information when your web browser or device accesses AGFS
Services and other content served by or on behalf of AGFS Europe on other
websites.
Information From Other Sources: we might receive information about you from other
sources.
For What
Purposes Does AGFS Services Process Your Personal Information?
We process your
personal information to operate, provide, and improve the AGFS Services that we
offer our customers. These purposes include:
Purchase and delivery of products and services. We use your personal
information to take and handle orders, deliver products and services, process
payments, and communicate with you about orders, products and services, and
promotional offers.
Provide, troubleshoot, and improve AGFS Services. We use your personal information
to provide functionality, analyses performance, fix errors, and improve
usability and effectiveness of the AGFS Services.
Recommendations and personalization. We use your personal information to
recommend features, products, and services that might be of interest to you,
identify your preferences, and personalize your experience with AGFS Services.
Provide voice services. When you use our voice services, we process your voice
input and other personal information to respond to your requests, provide the
requested service to you, and improve AGFS Services.
Comply with legal obligations. In certain cases, we have a legal obligation to
collect and process your personal information. For instance, we collect from seller’s
information regarding place of establishment and bank account information for
identity verification and other purposes.
Communicate with you. We use your personal information to communicate with you
in relation to AGFS Services via different channels (e.g., by phone, email,
chat).
Advertising. We use information such as your interactions with AGFS sites,
content, or services to display interest-based ads for features, products, and
services that might be of interest to you. We do not use information that
personally identifies you to display interest-based ads.
Fraud Prevention and Credit Risks. We process personal information to prevent
and detect fraud and abuse in order to protect the security of our customers, AGFS
Services, and others. We may also use scoring methods to assess and manage
credit risks.
Purposes for which we seek your consent. We may also ask for your consent to
process your personal information for a specific purpose that we communicate to
you. When you consent to our processing your personal information for a
specified purpose, you may withdraw your consent at any time, and we will stop
processing of your data for that purpose.
What
About Cookies?
To enable our
systems to recognize your browser or device and to provide AGFS Services to
you, we use cookies.
Does AGFS
Service Share Your Personal Information?
Information about
our customers is an important part of our business and we are not in the
business of selling our customers’ personal information to others. AGFS Services
shares customers’ information only as described below and with AMEC-EUROPE LTD.
and the subsidiaries that AMEC-EUROPE LTD. controls that are either subject to
this Privacy Notice or follow practices at least as protective as those
described in this Privacy Notice.
Transactions involving Third Parties: We make available to your services,
products, applications, or skills provided by third parties for use on or
through AGFS Services. We also offer services or sell product lines jointly
with third-party businesses, such as co-branded credit cards. You can tell when
a third party is involved in your transactions and we share customer
information related to those transactions with that third party.
Third Party Service Providers: We employ other companies and individuals to
perform functions on our behalf. Examples include fulfilling orders for
products or services, delivering packages, sending postal mail and e-mail,
removing repetitive information from customer lists, analyzing data, providing
marketing assistance, providing search results and links (including paid
listings and links), processing payments, transmitting content, scoring credit
risk, and providing customer service. These third-party service providers have
access to personal information needed to perform their functions but may not
use it for other purposes. Further, they must process the personal information
in accordance with this Privacy Notice and as permitted by applicable data
protection laws.
Business Transfers: As we continue to develop our business, we might sell or
buy other businesses or services. In such transactions, customer information
generally is one of the transferred business assets but remains subject to the
promises made in any pre-existing Privacy Notice (unless, of course, the
customer consents otherwise). Also, in the unlikely event that AGFS or
substantially all of its assets are acquired, customer information will of
course be one of the transferred assets.
Protection of AGFS and Others: We release account and other personal
information when we believe release is appropriate to comply with the law;
enforce or apply our Conditions of Use and other agreements; or protect the
rights, property or safety of AGFS, our users or others. This includes
exchanging information with other companies and organizations for fraud
protection and credit risk reduction.
Other than as set out above, you will receive notice when personal information
about you might be shared with third parties and you will have an opportunity
to choose not to share the information.
Transfers out of the European Economic Area. Whenever we transfer personal
information to countries outside of the European Economic Area in the course of
sharing information as set out above, we will ensure that the information is
transferred in accordance with this Privacy Notice and as permitted by the
applicable laws on data protection.
How
Secure is Information About Me?
We design our
systems with your security and privacy in mind.
We work to protect the security of your information during transmission by using
Secure Sockets Layer (SSL) software, which encrypts information you input.
We follow the Payment Card Industry Data Security Standard (PCI DSS) when
handling credit card data.
We maintain physical, electronic and procedural safeguards in connection with
the collection, storage and disclosure of personal customer information. Our
security procedures mean that we may occasionally request proof of identity
before we disclose personal information to you.
Our devices offer security features to protect them against unauthorized access
and loss of data. You can control these features and configure them based on
your needs.
It is important for you to protect against unauthorized access to your password
and to your computers, devices, and applications. Be sure to sign off when you
finish using a shared computer.
What
About Third-Party Advertisers and Links to Other Websites?
AGFS Services may
include third-party advertising and links to other websites and apps. Third
party advertising partners may collect information about you when you interact
with their content, advertising, and services.
What
Information Can I Access?
You can access your
information, including your name, address, payment options, profile information,
Prime membership, household settings, and purchase history in the “Your
Account” section of the website.
What
Choices Do I Have?
If you have any
questions or objection as to how we collect and process your personal
information, please contact our Customer Service. Many of our AGFS Services
also include settings that provide you with options as to how your information
is being used.
As described above, you can choose not to provide certain information but then
you might not be able to take advantage of many of the AGFS Services.
You can add or update certain information on pages such as those referenced in
the Information You Can Access? section. When you update information, we
usually keep a copy of the previous version for our records.
The Help feature on most browsers and devices will tell you how to prevent your
browser or device from accepting new cookies, how to have the browser notify
you when you receive a new cookie or how to disable cookies altogether. Because
cookies allow you to take advantage of some essential AGFS Services, we recommend
that you leave them turned on. For instance, if you block or otherwise reject
our cookies, you will not be able to add items to your Shopping Basket, proceed
to Checkout, or use any AGFS Services that require you to Sign in.
If you want to browse our websites anonymously, you may do so by logging out of
your account here and disabling cookies on your browser.
When you consent to our processing your personal information for a specified
purpose, you may withdraw your consent at any time, and we will stop any
further processing of your data for that purpose.
You will also be able to opt out of certain other types of data processing by
updating your settings on the applicable AGFS website. If you have questions
about how to change your device permissions on devices manufactured by third
parties, we recommend you contact your mobile service carrier or your device
manufacturer as different devices may have different permission settings.
Sellers can add or update certain information in Vendor Membership, update
their account information by accessing their Vendor Account Information, and
adjust the email or other communications they receive from us by updating their
Notification Preferences.
In addition, subject to applicable law, you have the right to request access
to, correct, and delete your personal data, and to ask for data portability.
You may also object to our processing of your personal data or ask that we
restrict the processing of your personal data in certain instances. If you wish
to do any of these things, please contact Customer Service
Are
Children Allowed to Use AGFS Services?
AGFS Service doesn’t
sell products for purchase by children. If you’re under 18, you may use AGFS
Services only with the involvement of a parent or guardian.
How Long
Do We Keep Your Personal Information?
We keep your
personal information to enable your continued use of AGFS Services, for as long
as it is required in order to fulfil the relevant purposes described in this
Privacy Notice, as may be required by law such as for tax and accounting
purposes, or as otherwise communicated to you.
Contacts,
Notices & Revisions
If you have any
concern about privacy at AGFS Service or want to contact one of our data
controllers, please contact us with a thorough description and we will try to
resolve the issue for you. Further, the data protection officer for the above-mentioned
data controllers can be contacted at legal@agfs.aero. You can file a complaint
with your local authority.
Our business changes constantly and our Privacy Notice will change also. You
should check our website frequently to see recent changes. Unless stated
otherwise, our current Privacy Notice applies to all information that we have
about you and your account. We stand behind the promises we make, however, and
will never materially change our policies and practices to make them less
protective of customer information collected in the past without the consent of
affected customers.
Related
Practices & Information
Conditions of Use
and Sale
Help Desk
Most Recent Purchases
Your Profile and Community Guidelines
As a result of those actions, you might supply us with such information as:
your name; address and phone number; payment information; your age; your
location information; people to whom purchases have been dispatched or people
listed in 1-Click settings (including addresses and phone numbers); e-mail
addresses of your friends and other people; content of reviews and e-mails to
us; personal description and photograph in Your Profile; images and video
stored in connection with AGFS Services, information and documents regarding
identity and standing; corporate and financial information; credit history
information; VAT numbers; and device log files and configurations.
Automatic Information
Examples of the information we collect and analyses include:
the Internet protocol (IP) address used to connect your computer to the
Internet;
login; e-mail address; password;
the location of your device or computer;
content interaction information, such as content downloads, streams, and
playback details including duration and number of simultaneous streams and
downloads, and network details for streaming and download quality, including
information about your internet service provider;
device metrics such as when a device is in use, application usage, connectivity
data, and any errors or event failures;
AGFS Service metrics (e.g., the occurrences of technical errors, your
interactions with service features and content, your settings preferences and
backup information, location of your device running an application, information
about uploaded images and files (e.g., file name, dates, times and location of
your images));
purchase and content use history, which we sometimes aggregate with similar
information from other customers to create features such as Best Sellers;
the full Uniform Resource Locators (URL) clickstream to, through and from our
website (including date and time); cookie number; products and/ or content you
viewed or searched for; page response times, download errors, length of visits
to certain pages, page interaction information (such as scrolling, clicks, and
mouse-overs),
phone numbers used to call our customer service number.
We may also use device identifiers, cookies, and other technologies on devices,
applications and our web pages to collect browsing, usage or other technical
information for fraud prevention purposes.
Information
From Other Sources
Examples of
information we receive from other sources include:
updated delivery and address information from our carriers or other third
parties, which we use to correct our records and deliver your next purchase or
communication more easily;
account information, purchase or redemption information and page-view information
from some merchants with which we operate co-branded businesses or for which we
provide technical, fulfillment, advertising or other services;
information about your interactions with products and services offered by our
subsidiaries;
search results and links, including paid listings (such as Sponsored Links);
credit history information from credit bureaus, which we use to help prevent
and detect fraud and to offer certain credit or financial services to some
customers.
Information
You Can Access
Examples of
information you can access through AGFS Services include:
status of recent orders (including subscriptions);
your complete order history;
personally identifiable information (including name, e-mail, password,
communications and personalized advertising preferences, address book and
1-Click settings);
payment settings (including payment card information);
e-mail notification settings (including Product Availability Alerts,
Deliveries, Special Occasion Reminders, and newsletters);
recommendations and the products you recently viewed that are the basis for
recommendations (including Recommended for You and Improve Your
Recommendations);
shopping lists;
your content, devices, services, and related settings;
content that you recently viewed;
voice recordings associated with your account;
Your Profile (including your product Reviews, Recommendations, Reminders and
personal profile).
Sellers can access their account and other information, and adjust their
communications preferences, by updating their accounts in Seller Central.
Developers participating in our Developer Services Program can access their
account and other information, and adjust their communications preferences, by
updating their accounts in the Developer Services Portal, agfs.aero.
EU-US and Swiss-US Privacy Shield
Last Updated: 03. January 2020
AGFS an AMEC-EUROPE LTD. Department (“We”) participate in the EU-US and Swiss-US Privacy Shield Frameworks regarding the collection, use, and retention of personal information from European Union member countries, the United Kingdom, and Switzerland. We have certified with the Department of Commerce that we adhere to the Privacy Shield Principles.
If you have any inquiries or complaints about our handling of your personal data under Privacy Shield, or about our privacy practices generally, please contact us at: legal@agfs.aero. We will respond to your inquiry promptly. If we are unable to satisfactorily resolve any complaint relating to the Privacy Shield, or if we fail to acknowledge your complaint in a timely fashion, you can submit your complaint to TRUSTe, which provides an independent third-party dispute resolution service based in the United States. TRUSTe has committed to respond to complaints and to provide appropriate recourse at no cost to you. If neither AGFS nor TRUSTe resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel.
As explained here we sometimes provide personal information to third parties to perform services on our behalf. If we transfer personal information received under the Privacy Shield to a third party, the third party’s access, use, and disclosure of the personal data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
The AGFS Services are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Anti-Counterfeiting Policy
Last Updated: 03. January 2020
Products offered for sale on AGFS must be authentic. The sale of counterfeit products is strictly prohibited. Failure to abide by this policy may result in loss of selling privileges, funds being withheld and destruction of inventory in our possession.
It is each seller’s and supplier’s responsibility to source, sell and fulfil only authentic products. Prohibited products include bootlegs, fakes or pirated copies of products or content; products that have been illegally replicated, reproduced or manufactured, and products that infringe another party’s intellectual property rights. If you sell or supply inauthentic products, we may immediately suspend or terminate your AGFS selling account (and any related accounts) and destroy any inauthentic products in our fulfilment centers at your expense. In addition, we do not pay sellers until we are confident that our customers have received the authentic products they ordered. We may withhold payments if we determine that an AGFS account has been used to sell inauthentic goods, commit fraud or engage in other illegal activity.
We work with manufacturers, rights holders, content owners, vendors and sellers to improve the ways we detect and prevent inauthentic products from reaching our customers. As a result, we remove suspect listings based on our own review of products. We also work with rights holders and law enforcement worldwide to take and support legal action against sellers and suppliers who knowingly violate this policy and harm our customers. In addition to criminal fines and imprisonment, sellers and suppliers of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic products, the damage or harm sustained by the rights holders, statutory and other damages, and lawyer fees.
We stand behind the products sold on our site and we encourage rights owners who have product authenticity concerns to notify us. We will promptly investigate and take all appropriate actions to protect customers, sellers and rights holders.
Supported Browsers
Last Updated: 03. January 2020
To keep giving you a great shopping experience, we periodically update our website security certificates based on new SSL Standards.
In order to continue enjoying AGFS you should install a supported browser. To install or update a supported browser please visit any of the browsers’ websites:
Apple Safari http://support.apple.com/downloads/#safari
Google Chrome https://www.google.com/chrome/
Microsoft Internet Explorer https://www.microsoft.com/ie
Microsoft Edge https://www.microsoft.com/en-us/windows/microsoft-edge
Mozilla Firefox https://www.getfirefox.com/
Opera https://www.opera.com/
Cookies
Last changed on 03. January 2020
We use cookies, pixels, and other technologies (collectively, “cookies”) to recognize your browser or device, learn more about your interests, and provide you with essential features and services and for additional purposes, including:
Recognizing you when you sign-in to use our services. This allows us to provide you with product recommendations, display personalized content, recognize you as a member, enable you to use 1-Click purchasing, and provide other customized features and services.
Keeping track of your specified preferences. This allows us to honor your likes and dislikes, such as whether or not you would like to see interest-based ads. You may set your preferences through Your Account.
Keeping track of items stored in your shopping basket.
Conducting research and diagnostics to improve AGFS’s content, products, and services.
Preventing fraudulent activity.
Improving security.
Delivering content, including ads, relevant to your interests on AGFS sites and third-party site).
Reporting. This allows us to measure and analyses the performance of our services.
AGFS cookies allow you to take advantage of some of AGFS’s essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any AGFS products and services that require you to sign in.
Approved
third parties may also set cookies when you interact with AGFS services. Third
parties include search engines, providers of measurement and analytics
services, social media networks, and advertising companies. Third parties use
cookies in the process of delivering content, including ads relevant to your
interests, to measure the effectiveness of their ads, and to perform services
on behalf of AGFS.
You can manage browser cookies through your browser settings. The ‘Help’
feature on most browsers will tell you how to prevent your browser from
accepting new cookies, how to have the browser notify you when you receive a
new cookie, how to disable cookies, and when cookies will expire. If you
disable all cookies on your browser, neither we nor third parties will transfer
cookies to your browser. If you do this, however, you may have to manually
adjust some preferences every time you visit a site and some features and
services may not work.
Non-Disclosure Agreement
Last changed on 03. January 2020
These terms and conditions (the “Terms”) set out the basis on which valuable confidential information of AGFS an AMEC-EUROPE LTD. Department, Kemp House, 152 City Road, London EC1V 2NX, United Kingdom and its Affiliates (as defined below) (each individually and collectively, “AGFS”) is disclosed to a person engaged in or considering a business relationship with AGFS (the “Supplier”).
1.
Confidential Information
1.1 For the
purposes of these Terms, with respect to AGFS, “Affiliate” means any
entity that directly or indirectly controls, is controlled by, or is under
common control with AGFS.
As used in these Terms, “Confidential Information” means all non-public information which relates to the operations or business of AGFS whether disclosed to the Supplier by AGFS or by third parties and which is designated as confidential or which, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes without limitation:
(i) non-public information relating to AGFS’s technology, customers, business plans, promotional and marketing activities, finances and other business affairs;
(ii) third-party information that AGFS is under an obligation to keep confidential; and
(iii) the nature, content and existence of any agreement, discussions or negotiations between AGFS and Supplier.
Confidential Information may be contained in tangible materials, such as drawings, data, specifications, reports and computer programs, or may be in the nature of unwritten knowledge.
1.2 In consideration for AGFS’s agreeing as it sees fit to disclose Confidential Information and to allow the use of the Confidential Information according to these Terms, the Supplier agrees to be bound by these Terms.
2.
Exclusions
Confidential
Information does not include any information that:
(i) is or becomes publicly available without breach of these Terms;
(ii) can be shown by reference to a written document to have been known to the
Supplier at the time of its receipt from AGFS;
(iii) is received from a third party who did not acquire or disclose such
information by a wrongful or tortious act; or
(iv) can be shown by reference to a written document to have been independently
developed by the Supplier by a means other than through its access to any
Confidential Information.
3. Use
of Confidential Information
The Supplier may
use Confidential Information only for the purposes of the business relationship
between the Supplier and AGFS. Except as expressly provided in these Terms, the
Supplier will not disclose Confidential Information to anyone without AGFS’s
prior written consent. The Supplier will take all reasonable measures to avoid
disclosure, dissemination or unauthorized use of Confidential Information,
including, at a minimum, those measures it takes to protect its own
confidential information of a similar nature. The Supplier will segregate
Confidential Information from the confidential materials of third parties to
prevent commingling. Supplier understands that Confidential Information may
constitute material non-public information under U.S. securities laws and
regulations and will not transact in securities of AGFS based on the
Confidential Information.
4.
Supplier Personnel
The Supplier will
restrict the possession, knowledge and use of Confidential Information to its
employees, Suppliers and entities controlled by it (“Personnel”) who:
(i) have a need to know Confidential Information in connection with the
parties’ business relationship; and
(ii) have executed written non-disclosure agreements obligating them to protect
the Confidential Information.
The Supplier will ensure that its Personnel comply with these Terms and their
respective non-disclosure agreements.
5.
Disclosure to Governmental Entities or Regulatory Authorities
The Supplier may
disclose Confidential Information as required to comply with binding orders of
governmental entities or regulatory authorities that have jurisdiction over it,
provided that the Supplier:
(i) gives AGFS reasonable written notice to allow AGFS to seek an injunctive
order or other appropriate remedy;
(ii) provides any assistance which AGFS may reasonably require in order to
secure such order or such remedy (with the Supplier’s expenses reasonably
incurred in providing such assistance to be reimbursed by AGFS);
(iii) discloses only such information as is required by the governmental entity
or regulatory authority; and
(iv) uses commercially reasonable efforts to obtain confidential treatment for
any Confidential Information so disclosed.
6.
Ownership of Confidential Information
All Confidential
Information will remain the exclusive property of AGFS. AGFS’s disclosure of
Confidential Information under these Terms will not constitute an express or
implied grant to the Supplier of any rights to or under AGFS’s patents, copyrights,
trade secrets, trademarks or other intellectual property rights.
7.
Notice of Unauthorized Use
The Supplier will
notify AGFS immediately upon discovery of any unauthorized use or disclosure of
Confidential Information or any other breach of these Terms. The Supplier will
co-operate with AGFS in every reasonable way to help AGFS regain possession of
such Confidential Information and prevent its further unauthorized use.
8.
Return of Confidential Information
The Supplier will
return or destroy all tangible materials embodying Confidential Information (in
any form and including, without limitation, all summaries, copies and excerpts
of Confidential Information) promptly following AGFS’s written request. At AGFS’s
option, the Supplier will provide written certification of its compliance with
this Clause 8.
9.
Injunctive Relief
The Supplier
acknowledges that disclosure or use of Confidential Information in violation of
these Terms could cause irreparable harm to AGFS for which monetary damages may
be difficult to ascertain or an inadequate remedy. The Supplier therefore
agrees that AGFS will have the right, in addition to its other rights and
remedies, to seek injunctive relief for any violation of these Terms.
10.
Scope and Termination
These Terms are
intended to cover Confidential Information received by the Supplier both prior
and subsequent to the commencement of the business relationship. These Terms
automatically will terminate upon the completion or termination of the business
relationship between the Supplier and AGFS; provided, however, that the
Supplier’s obligations with respect to the Confidential Information will
survive for five (5) years following such completion or termination. Nothing in
these Terms limits the parties’ rights and obligations arising at general law
in respect of the Confidential Information following termination of these
Terms.
11. Miscellaneous
11.1 These Terms will not create a joint venture, partnership or other formal business relationship or entity of any kind, or an obligation to form any such relationship or entity. Each party will act as an independent contractor and not as an agent of the other party for any purpose, and neither will have the authority to bind the other.
11.2 These Terms constitute the entire Agreement between the parties relating to the matters discussed herein and may be amended or modified only with the mutual written consent of the parties. Each party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other party, whether express, implied, in fact or in law. Subject to the limitations set forth in these Terms, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and assigns. In the event that these Terms are inconsistent with the express terms of any other written agreement/s between AGFS and the Supplier the other written agreement/s will prevail.
11.3 Any failure by AGFS to enforce the Supplier’s strict performance of any provision of these Terms will not constitute a waiver of AGFS’s right subsequently to enforce such provision or any other provision of these Terms.
11.4 If a provision of these Terms is held invalid under any applicable law, such invalidity will not affect any other provision of these Terms that can be given effect without the invalid provision. Further, all terms and conditions of these Terms will be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms or conditions to give them such effect.
11.5 The provisions contained in these Terms will be governed by and construed in accordance with the laws of SWISS and each of the parties submits to the exclusive jurisdiction of the court of SWISS
Modern Day Slavery Statement
Last changed on 03. January 2020
AGFS continually works to prevent slavery and human trafficking from taking place in our manufacturing supply chains and operations, in line with the United Kingdom Modern Slavery Act.
Our
Business
AGFS opened its
virtual doors on the World Wide Web in January 2020. We are guided by four
principles: customer obsession rather than competitor focus, passion for
invention, commitment to operational excellence, and long-term thinking. In
each of our segments, we serve our primary customer sets, consisting of
consumers, sellers, developers, enterprises, and content creators.
Policies
and Controls
AGFS’s an
AMEC-EUROPE LTD. Department internal Code of Business Conduct and Ethics sets
out guiding principles and establishes that in performing job duties AGFS
employees should always act lawfully, ethically, and in the best interests of AGFS.
AGFS has set clear standards on the prevention of forced labor in its supply
chain through its Supplier Code of Conduct (“Supplier Code”), a set of
standards required of all manufacturing suppliers, and service providers
supporting AGFS’s internal operations. AGFS’s purchase and service agreements
require our manufacturing suppliers, and service providers supporting AGFS’s internal
operations (e.g. call centers, delivery and fulfillment providers) to comply
with our Supplier Code of Conduct.
We evaluate and address risks of modern slavery and human trafficking in the
Supplier Code which states, among other standards, that:
Our suppliers must not use forced labor – slave, prison, indentured, bonded, or
otherwise.
Our suppliers must not traffic workers or in any other way exploit workers by
means of threat, force, coercion, abduction, or fraud. Working must be voluntary,
and workers must be free to leave work and terminate their employment or other
work status with reasonable notice.
Workers shall not be required to pay recruitment, hiring, or other similar fees
related to their employment; our suppliers must bear or reimburse to their
workers the cost of any such fees. All fees and expenses charged to workers
must be disclosed to AGFS and communicated to workers in their native language
in advance of employment.
Our suppliers must not require workers to surrender government issued
identification, passports, or work permits as a condition of working, and our
suppliers may only temporarily hold onto such documents to the extent
reasonably necessary to complete legitimate administrative and immigration
processing.
Workers must be given clear, understandable contracts regarding the terms and
conditions of their engagement in a language understood by the worker.
Suppliers must ensure that each of its staffing or recruiting agencies comply
with this Supplier Code and with the more stringent of the applicable laws of
the country where work is performed and the worker’s home country.
Risk
Assessment
We use a
combination of desk-based research, supply chain mapping against existing human
rights indices, as well as internal and industry audit results to analyses the
risk of modern slavery in our supply chain and operations. While modern slavery
can be found in all countries and industries, we acknowledge that there is a
heightened risk with:
domestic and international migrant labor;
contract, agency, and temporary workers;
vulnerable populations (e.g. refugees); and
young, or student workers.
In addition to the controls listed below, this year AGFS launched a process to
investigate suppliers with a heightened risk of modern slavery specifically in
relation to migrant workers. Our process focuses on listening to workers’
perspectives about their recruitment experience and working/living conditions
and relating anonymous feedback from workers directly to management to drive
improvement. In addition, we are expanding regional teams to engage with
suppliers in high-risk regions, and working with industry programmers, such the
Responsible Workplace Program currently operating in Malaysia.
Due
Diligence Processes
AGFS assesses
manufacturing suppliers and service providers for continued compliance and
improvement. AGFS uses a risk-based approach to determine the frequency of
assessments and which manufacturing suppliers and service providers should be
assessed. Many sites are assessed multiple times a year, including through
follow-up assessments to address specific findings. AGFS may terminate its relationships
with any supplier that violates our Supplier Code or does not cooperate during
assessments. Assessments may include:
Site inspection of all areas of the site and any living quarters;
Confidential worker interviews or surveys conducted without site management
present;
Review and analysis of site documents or licenses to assess workers’ age,
contracts, compensation, working hours, and workplace conditions;
Identification of past compliance issues, areas for improvement, and
development of a remediation plan.
Audit reports and findings are reviewed regularly by senior leadership and
corrective action plans are implemented as needed. AGFS tracks remediation
closely and conducts follow-up audits for significant issues. Between audits, AGFS
employees meet on-site with supplier managers to discuss open issues and
remediation progress.
Suppliers are required to remediate violations of AGFS’s Supplier Code of Conduct. Suppliers must submit a Corrective Action Plan (CAP) providing both a root cause analysis and a description of remedy. AGFS evaluates CAPs in light of the severity level of the violation.
Partnerships
and Stakeholder Engagement
To ensure that our
policies and programs incorporate internationally recognized human rights
standards, we conduct formal benchmarking with industry and multilateral groups
to design, operate, and continually improve our risk assessment and audit
program.
AGFS aligns with industry associations to collaborate on key issues and leverages their standardized assessments.
Assessment
of Effectiveness
Suppliers
manufacturing AGFS private label products are assessed for compliance with AGFS’s
Supplier Code of Conduct before AGFS begins ordering products, and we expect
all of our suppliers and service providers to meet the standards in our
Supplier Code of Conduct as a condition of doing business with us. These
facilities must demonstrate the absence of any issue that has caused or is
likely to cause immediate harm to workers or communities, or demonstrates
egregious unethical behavior, including the use of forced or indentured labor,
or human trafficking. In the event an issue that has caused or is likely to
cause severe harm to workers is identified prior to beginning a relationship
with AGFS, the issue must be resolved before, and as a condition of, initial
production and to qualify for continued production with AGFS. AGFS’s sourcing
teams have each taken on Social Responsibility goals to monitor for these
conditions at an executive leadership level; performance against these goals is
regularly reported to leadership.
The Social Responsibility team consults with AGFS business teams on new
sourcing geographies and sourcing teams are responsible for reviewing supplier
performance before moving to production.
Support
and Capacity Building
We offer suppliers
training to help understand AGFS requirements before audits, effectively
navigate the Corrective Action Plan (CAP) process, and design and implement
sustainable management systems after an audit. We have dedicated teams that
work directly with suppliers and service providers in major geographies. We
offer on-site and remote training to support continuous improvement. Suppliers
are also encouraged to participate in external training programs, such as
industry association tutorials related to recognizing and preventing forced labor
and implementing management systems. We are continuously exploring ways to use AGFS’s
expertise to expand this support.
Employees of AGFS take mandatory compliance training courses on the Code of
Business Conduct and Ethics, Anti-Bribery Compliance, and Workplace Harassment.
Additionally, the AGFS Legal Department has developed and maintains reporting
guidelines for employees who wish to report violations of the Business Code of
Conduct and Ethics. These guidelines include information on making reports to
the Legal Department and to an independent third party. This year, AGFS
launched training at our fulfilment operations in the UK on identifying and
reporting suspected instances of modern slavery.
Approval
for this statement
This statement was
approved by the AGFS Board of Directors and covers all activities undertaken by
AGFS’s entities.
Approved by AGFS Management
January 2020