General terms and licensing conditions of IFS Management GmbH ("IFS Management") for "IFS Auditors"

1. Preliminary remarks

The purpose of IFS Management is to conduct the business activities in relation to the International Featured Standards ("IFS"). The primary function of the IFS is to provide a standardized process for monitoring the product safety and the quality of producers of food and other products (e.g. cosmetics, packaging materials etc.) as well as services such as logistics and trading activities. IFS Management is the sole owner of all rights of use and exploitation in relation to the International Trademark “IFS” (no. 1118296).

2. Subject matter of the terms and licensing conditions

In Part A these terms and licensing conditions set out the requirements non-exclusive Auditors must meet to become an IFS Registered Auditor, the application and registration procedure for non-exclusive Auditors to become an IFS Registered Auditor as well as the terms and conditions as an IFS Registered Auditor. Auditors are deemed non-exclusive if they work for more than one registered IFS Certification Body.

In Part B these terms and licensing conditions set out the obligations of an exclusive IFS Auditor. An IFS Auditor is deemed exclusive if he/she works exclusively for one IFS Certification Body.

In Part C these terms and licensing conditions set out general regulations concerning both, the exclusive as well as non-exclusive IFS Auditors.

PART A

3. Application and registration requirements and procedure

3.1 At first the Applicant has to fill out and submit the registration form for IFS Auditors accessible on the IFS website.

After having successfully submitted his/her registration form, the non-exclusive Auditor is being asked to pay the registration fee according to the latest schedule of fees with credit card.

After having successfully paid the registration fee, IFS Management grants the non-exclusive Auditor limited access to the IFS Audit Portal.

On the IFS Audit Portal the non-exclusive Auditor must fill out and submit the Curriculum Vitae form (CV-form) in order to apply for registration as IFS Registered Auditor. By filling out the CV-form the non-exclusive Auditor has to prove that he/she meets the requirements of the chapters 7.2 and 7.3.1 of ISO 19011 and that he/she possesses the expertise and experience which an IFS Auditor has to provide for each specific IFS Standard for which he/she wants to perform audits. Such requirements are laid down in Part 3 of each specific IFS Standard.

Before submitting his/her CV-form the non-exclusive Auditor has to expressly accept these General Terms and Licensing Conditions of IFS Management for IFS Auditors as well as the General Terms and Conditions of Use of IFS Management for the IFS Audit Portal. Furthermore the non-exclusive Auditor has to approve that he/she has acknowledged the IFS Integrity Program.

3.2. After having successfully submitted his/her CV-form, IFS Management checks if the non-exclusive Auditor meets all requirements to become an IFS Registered Auditor. IFS Management informs the non-exclusive Auditor about the result of the check.

If the check comes to a positive result, IFS Management admits Auditor to take the mandatory written and if applicable oral exam for the first approval for any IFS Standard.

Additional approval processes can vary depending on the constellation of the respective IFS Standards, the auditors wishes to be approved for. 

The procedure and exam process are laid down in Part 3 of each specific IFS Standard.

3.3 After the successful completion of the written and if applicable oral exam and if necessary further requirements, the non-exclusive Auditor will be listed on the IFS Audit Portal as IFS Registered Auditor. Furthermore IFS Management issues a personal IFS Auditor Certificate to the non-exclusive Auditor. This Certificate mentions (a) the duration of the validity of the Certificate, (b) the languages in which the Auditor is allowed to perform IFS audits and (c) the product and if applicable technology scopes the Auditor is authorized for to perform IFS audits.

3.4. After the approval the non-exclusive Auditor is granted full access to the IFS Audit Portal meaning that he/she can use all of its functions. The non-exclusive Auditor can especially get in contact with IFS Certification Bodies via the IFS Audit Portal.

4. Scope extension and Re-approval

4.1. The non-exclusive Auditor may, during the validity of his/her IFS auditor certificate, extend his/her product or technology scopes. The process of the extension as well as the requirements are laid down in Part 3 of each specific IFS Standard.

4.2. Non-exclusive Auditors´ approval shall be re-assessed before the end of the validity period of his/her IFS auditor certificate. For re-approval he/she has to fulfill the requirements and pass through the re-approval process laid down in Part 3 of each specific IFS Standard.

5. Obligations of an IFS Registered Auditor

5.1. Upon accepting the General Terms and Licensing Conditions of IFS Management for IFS non-exclusive Auditors, the non-exclusive Auditor acknowledges that he/she can only perform IFS audits under a registered IFS Certification Body and that each registered IFS Certification Body has to conduct a Witness Audit with the non-exclusive Auditor according to ISO / IEC 17065 before mandating the non-exclusive Auditor to conduct IFS audits on its behalf. Furthermore the non-exclusive Auditor acknowledges that he/she has to take part each year at the 2 (two) days internal training of each registered IFS Certification Body he/she is working for.

5.2. Upon accepting the General Terms and Licensing Conditions of IFS Management for IFS non-exclusive Auditors, the non-exclusive Auditor undertakes to attend the IFS Calibration Training, organized by IFS Management and led by IFS approved calibrations trainers with IFS training material. The attendance of an IFS Calibration Training is mandatory once in every validity period of an IFS Auditor Certificate.

5.3. Upon accepting the General Terms and Licensing Conditions of IFS Management for IFS Auditors, Auditor undertakes to respect all rules laid down in the IFS Standards for IFS Auditors. Auditor knows and expressly accepts the IFS Integrity Program for Auditors including its sanctions and penalties for Auditors in cases in which Auditor breaches any IFS rule. Auditor is furthermore aware that in cases of severe breaches he can be suspended for a time frame of 3 (three) months as IFS Registered Auditor or might lose his/her Auditor’s approval.

6. Re-registration after suspension

6.1. If the non-exclusive Auditor wishes to be re-registered as IFS Registered Auditor after the suspension time frame, he or she has to take part in an IFS training course during the suspension time frame of 3 (three) months. Which IFS training course the non-exclusive Auditor needs to take part in is being fixed by the IFS sanction committee in its suspension decision based on the topic leading to the breach.

6.2. After the suspension time of 3 (three) months the non-exclusive Auditor has to pass an Integrity Witness Audit for one of his/her first three audits after the suspension. The procedure of the Integrity Witness Audit is being described in the IFS Integrity Program for Auditors which the non-exclusive Auditor expressly accepts.

6.3 The non-exclusive Auditor undertakes and accepts that he/she has to bear the costs for the IFS training course as well as the Integrity Witness Audit. The current schedules of fees for IFS training courses are published on the IFS website.

7. Termination of approval

If the non-exclusive Auditor gets another Level 1 breach (according to the IFS Integrity Program) within 2 (two) years after his/her first respectively last suspension the termination of his/her approval as IFS Registered Auditor will be announced and he/she has to pass the exams as necessary for the initial approval. The non-exclusive Auditor undertakes and accepts that he/she has to bear the costs for this additional written and oral examination necessary to get re-approved.

8. Costs

8.1. All costs incurred by the non-exclusive Auditor in connection with his/her participation in IFS courses shall be borne by the non-exclusive Auditor. IFS Management cannot be held liable for any costs incurred by the non-exclusive Auditor in connection with his/her registration and activities as an IFS Registered Auditor.

8.2. The current schedule of fees is attached as Annex 1 to these terms and licensing conditions and can be downloaded at the IFS Auditor portal.

8.3. IFS Management may increase the fees by giving the non-exclusive Auditor a three months’ notice before the end of the calendar year. If the fees increase by more than 10% (ten per cent), the non-exclusive Auditor has to inform IFS Management within one month that he/she no longer wishes to be listed as IFS Registered Auditor on the IFS Audit Portal.

9. Withdrawal of the registration as “IFS Registered Auditor”

9.1. The non-exclusive Auditor may inform IFS Management that he/she no longer wishes to be listed as IFS Registered Auditor by giving IFS Management a written notice. IFS Management will delete the registration of the non-exclusive Auditor as IFS Registered Auditor within 2 weeks after receipt of the notice.

IFS Management will not repay the registration fee nor any starter package or course fee neither in full nor proportionally.

9.2. IFS Management shall be entitled to withdraw Auditor's registration prior to the end of the validity of Auditor’s certification if the non-exclusive Auditor fails to fulfill an essential obligation under these terms and licensing conditions within 14 days after a warning has been issued. A breach of an essential contractual obligation is committed, in particular if the non-exclusive Auditor publishes false information about himself or herself on the IFS Audit Portal of the IFS website.

IFS Management will not repay the registration fee nor any starter package or course fee neither in full nor proportionally.

9.3 The non-exclusive IFS Auditor is responsible to fulfill all requirements for maintaining his/her approval (mentioned under 5.1/5.2) especially to take part at a Calibration Training provided by IFS before expiration of his/her certificate. If he/she fails to fulfill one of these requirements, the approval ends with the expiring date of his/her certificate.

PART B

10. IFS Integrity Program

Upon accepting these General Terms and Licensing Conditions of IFS Management the exclusive Auditor undertakes to respect all rules laid down in the IFS Standards for IFS Auditors. Auditor knows and expressly accepts the IFS Integrity Program for Auditors including its sanctions and penalties for Auditors in cases in which Auditor breaches any IFS rule. Auditor is furthermore aware that in cases of severe breaches he/she can be suspended for a time frame of 3 (three) months as IFS Registered Auditor or might lose his/her Auditor’s approval.

11. Re-registration after suspension

11.1. If the exclusive Auditor wishes to be re-registered as IFS Registered Auditor after the suspension time frame, he or she has to take part in an IFS training course during the suspension time frame of 3 (three) months. Which IFS training course the exclusive Auditor needs to take part in is being fixed by the IFS sanction committee in its suspension decision based on the topic leading to the breach.

11.2. After the suspension time of 3 (three) months the exclusive Auditor has pass an Integrity Witness Audit for one of his/her first three audits after the suspension. The procedure of the Integrity Witness Audit is being described in the IFS Integrity Program for Auditors which the exclusive Auditor expressly accepts.

11.3 The exclusive Auditor undertakes and accepts that he/she has to bear the costs for the IFS training course as well as the Integrity Witness Audit. The current schedules of fees for IFS training courses are published on the IFS Audit Portal. IFS Management accepts that the fees are being paid by the Certification Body which is the Auditor’s employer.

12. Termination of approval

If the exclusive Auditor gets another Level 1 breach (according to the IFS Integrity Program) within 2 (two) years after his/her first respectively last suspension the termination of his/her approval as IFS Registered Auditor will be announced and he/she has to pass the exams as necessary for the initial approval. The exclusive Auditor undertakes and accepts that he/she has to bear the costs for this additional written and oral examination necessary to get re-approved. IFS Management accepts that the fees are being paid by the Certification Body which is the Auditor’s employer.

PART C

13. Transfer

Neither the non-exclusive nor the exclusive Auditor may transfer his/her registration as an IFS Registered Auditor to third parties. Registration is granted exclusively to the individual.

14. Change of Status

If the exclusive Auditor wishes to work as a non-exclusive IFS Auditor or if the non-exclusive Auditor wishes to work as an exclusive IFS Auditor he/she can change his/her status on the IFS Auditor portal anytime provided that he/she acknowledges the regulations and terms and conditions for the other status.

15. Other provisions

15.1. These general terms and licensing conditions and the legal relationship between IFS Management and the non-exclusive as well as the exclusive Auditor overall shall be governed by the law of the Federal Republic of Germany; the UN Convention on the International Sale of Goods (CISG) shall not apply.

15.2. The place of jurisdiction for any disputes arising from or in connection with these general terms and licensing conditions as well as the legal relationship between IFS Management and the non-exclusive as well as the exclusive Auditor overall shall be Berlin. IFS Management shall also be entitled to bring an action against the non-exclusive Auditor at its general place of jurisdiction

Berlin, 31.01.2018

 

Privacy Declaration
 

IFS Management GmbH (hereinafter: IFS) takes the protection of your personal data seriously and treats your personal data as confidential, and in accordance with the statutory data protection regulations. IFS collects, uses and stores personal data exclusively within the scope of the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG).

In this Privacy Declaration, we provide information about the nature, scope and purpose of the collection and use of this data. You can access this information at any time on our website.

Collection and Use of Data
We collect and use the personal data of every user insofar as this is required in order to enable the use of our website (usage data). This includes, in particular, features identifying the user and details on the start, end and scope of the use of the website. Any use of personal data for the purposes of advertising or market research or to aid the needs-based design of the website is carried out in accordance with the relevant statutory provisions.
Security
We maintain up-to-date measures to ensure data security. However, we draw your attention to the fact that online data transfers (e.g., when communicating via email) can be exposed to security vulnerabilities. It is not possible to ensure the seamless protection of data against access by third parties.
Server Logs
The provider of our website automatically collects and stores information in ‘server log files’, which your browser sends to us automatically. This information includes the date and time of access, location, country, state, region, town/city, URL (web address) of the referring website, the file retrieved, notification regarding successful retrieval, the browser type and the browser version, as well as information about the user’s operating system. We use this information solely for statistical purposes and for internal analysis purposes, such as improving the website. This data cannot be attributed to specific people. This data is not combined with other data sources.
Cookies
Cookies are used on our websites to make the web pages more attractive and to enable the use of certain functions. Cookies are small text files that are stored on your computer and enable your browser to be recognized. They therefore also enable us to determine how frequently our websites are visited and the volume of users. Session cookies are used on our websites. These are stored temporarily and only for the duration of the use of one of our web pages. They are then deleted automatically. Permanent cookies are also used in order to record information about users who visit our websites more than once. With the aid of permanent cookies, we can recognize users and ensure that they enjoy optimal use of our websites. Website users can prevent cookies from being stored on their computer by changing their browser settings. Cookies can be prevented from being stored by selecting the “Block all cookies” option in the browser settings. This may restrict the functionality of our websites.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). Google Analytics uses cookies. The information generated by the cookie about the use of this website is generally sent to a Google server in the USA and stored there. IP anonymization is activated on this website, which means that the IP addresses of users are truncated by Google within the Member States of the European Union or other Contracting States to the Treaty on the European Economic Area before being sent. The full IP address will only be sent to a Google server in the USA and truncated there in exceptional cases. On behalf of the operator of this website, Google will use this information to analyze the use of the website by users, to compile reports about website activities and to provide other services to the website operator in relation to website usage and Internet usage. The IP address sent by your browser as part of Google Analytics will not be combined with other data held by Google. As mentioned above, you can prevent cookies from being stored by changing the relevant setting in your browser software; however, you may not then be able to enjoy the full functionality of this website. In addition, users can prevent the data generated by the cookie relating to your use of the website (incl. your IP address) from being sent to and processed by Google by downloading and installing the browser plugin available at the following link:http://tools.google.com/dlpage/gaoptout?hl=de On this website, the code “gat._anonymizeIp();” has been added to Google Analytics to ensure that recording of IP addresses is anonymous (IP masking). Further information on the terms of service and data privacy are available at http://www.google.com/analytics/terms/de.html and http://www.google.com/intl/de/analytics/privacyoverview.html
Contact Form
If you submit an enquiry to us using the contact form, we will store your details from the contact form, including the contact details you have provided therein, for the purposes of processing the enquiry and in case there are any follow-up questions. We will not pass on this data without your consent.
Use of the User Login Area
If you wish to use our user login area, you will need to register. To do this, you must first indicate whether you belong to an approved user group. You can then register by providing your email address and, where applicable, a password of your choosing. When you use the login area, we store the data required for fulfillment of the contract. We will not pass on this data without your consent.
Use of the Auditor Portal
If you wish to use our Auditor Portal, you must be an auditor and will need to register. To do this, you must enter your name, email address, telephone number, fax number and invoice address. You can then provide further details about your work as an auditor if you wish, in particular information about previous audits. You can also provide your CV. When you use the Auditor Portal, the data that you have provided voluntarily will be accessible to users of the login area.
Objection and Access to Information
You have the right to obtain information about your stored personal data, its origin and recipients and the purpose of data processing free of charge at any time, as well as the right to the correction, blocking or deletion of this data. For this and for any other questions regarding personal data, you can contact us via the address provided in the “Masthead” section at any time.