Privacy Statement & Terms and Conditions

Bunzl UK Limited (trading as London Bio Packaging): Privacy Policy

1.Introduction

We appreciate the trust you place in us when sharing your personal data. The security of that data is very important to us.

This policy explains how we collect and use your personal information and who we share it with and will also explain what rights you have with regards to your personal data and how you can exercise those rights.

2.Who we are

London Bio Packaging

For the purposes of the General Data Protection Regulation Bunzl plc is the data controller. This means that London Bio Packaging determines what data is collected, how this data is going to be used and how this data is protected.

Our registered office address is:

Bunzl UK Ltd t/a London Bio Packaging
York House
45 Seymour Street
London
W1H 7JT
United Kingdom

If you have questions about how we process personal data, or would like to exercise your data subject rights, please email us at dataprotection.enquiries@londonbiopackaging.com or write to us at the address shown in section 15 – Contact us.

3.Companies and websites within scope

The following companies are within scope for this privacy policy:

https://www.londonbiopackaging.com

It also includes personal data that is collected through our websites, by telephone, through LiveChat and through any related social media applications.

4.Collection of personal data

We collect personal data from you for one or more of the following purposes:

  • To fulfil a contract that we have entered into with you or with the entity (or organisation) that you represent. In these circumstances it may be your entity (or organisation), rather than yourself, that has provided us with your personal data
  • To initiate and complete commercial transactions with you, or the entity (or organisation) that you represent, for the purchase of products and/or services
  • To deliver product you have purchased directly or indirectly from us
  • To communicate with suppliers of goods and services
  • Keeping accounts and other business records
  • To carry out marketing, electronic or otherwise
  • Complying with legal or regulatory requirements
  • To manage existing and past employees
  • To manage job applicants
  • Dealing with queries from our current employees, past employees, and job applicants
  • Dealing with complaints or queries from our customers and our suppliers
  • Dealing with queries from our shareholders and other stakeholders
  • Generating data analytics to monitor and improve the performance of our website
  • To ensure the security and safe operation of our websites and underlying business infrastructure.

Technical information

In addition, to ensure that each visitor to any of our websites can use and navigate the site effectively, we collect the following:

  • Technical information, including the IP (Internet Protocol) address used to connect your device to the Internet
  • Your login information, browser type and version, time zone setting, browser plug-in types and versions
  • Operating system and platform
  • Information about your visit, including the URL (Uniform Resource Locators) clickstream to, through and from our site.

In section 10 below, we identify your rights in respect of the personal data that we collect and describe how you can exercise those rights.

5.Lawful basis for the processing of personal data

We believe that it is in our legitimate interests, or is necessary for the performance of a contract, to collect and use personal information to operate our business and to provide a service that you have requested. In some cases, we may be under a legal duty to use or disclose personal information, for example to comply with a request from an official body.

When we process on the lawful basis of legitimate interest, we apply the following test to determine whether it is appropriate:

The purpose test – is there a legitimate interest behind the processing?

Necessity test – is the processing necessary for that purpose?

Balancing test – is the legitimate interest overridden, or not, by the individual’s interests, rights, or freedoms?

6.Sharing your personal information

We may share your personal information, but this will be done on a ‘need to know’ basis and only where it is necessary to do so or where we are required to share information. Such as our professional advisors and service providers including:

  • Accountants
  • Legal counsel.
  • Consultants
  • Payment providers
  • Payroll providers
  • Pension providers
  • Insurers
  • Information technology and communications service providers.
  • Suppliers
  • Logistics and transport services.

We may also share personal information:

  • With any competent law enforcement or regulator as require by law
  • When we buy or sell any businesses or assets.

We aim to put the necessary safeguards in place to ensure that personal information that the company is legally responsible for remains properly protected and is used appropriately when in the hands of a third party.

7.International transfer

We are a global organisation and use third parties located in other countries to help us run our business.  This includes countries outside the European Union (“EU”) and to countries that do not have laws that provide specific protection for personal data.   We have taken steps to ensure all personal data is provided with adequate protection and that all transfers of personal data outside the EU are done lawfully.  Where we transfer personal data outside of the EU to a country not determined by the European Commission as providing an adequate level of protection for personal data, the transfers will be under an agreement which covers the EU requirements for the transfer of personal data outside the EU.

8.How long do we keep your personal information?

We will take steps to keep your information for only as long as is necessary for our business needs and in compliance with any legal or regulatory duties to retain personal information for a particular period. However long we retain personal information for, we will make sure it is subject to appropriate security.

9.Security measures

We have what we believe are appropriate security controls in place to protect personal data. Risk assessment, including assessing risks to the rights and freedoms of data subjects, is at the heart of our Information Security Management System. We do not, however, have any control over what happens between your device and the boundary of our information infrastructure. You should be aware of the many information security risks that exist and take appropriate steps to safeguard your own information. We accept no liability in respect of breaches that occur beyond our sphere of control.

10.Your rights as a data subject

As a data subject whose personal information we hold, you have certain rights. If you wish to exercise any of these rights, please email dataprotection.enquiries@londonbiopackaging.com  or use the information supplied in the Contact us section below. To process your request, we will ask you to provide a valid form of identification for verification purposes. Your rights are as follows:

The right to be informed
As a data controller, we are obliged to provide clear and transparent information about our data processing activities. This is provided by this privacy policy and any related communications we may send you.

The right of access
You may request a copy of the personal data we hold about you free of charge. Once we have verified your identity and, if relevant, the authority of any third-party requestor, we will provide access to the personal data we hold about you as well as the following information:

  • A. Know whether as a data controller we hold any personal data about you:
  • B. Receive a description of the personal data held and, if permissible and practical, a copy of the personal data
  • C. Be informed of the purpose(s) for which that personal data is being processed, and from where it was received
  • D. Be informed whether the personal data is being disclosed to anyone apart from the original recipient of the personal data and, if so, the identity of those recipients
  • E. Ask that your personal data be transferred to you or a third party in machine readable format (Word, PDF, etc.) (although such requests can only be fulfilled if the personal data in question is
    1. provided by the data subject to the company,
    2. is processed automatically
  • F. If the personal data is being used to make automated decisions about you as the data subject (e.g. profiling), to be told what logic the system uses to make those decisions and to be able to request human intervention to override any such automated decisions.
  • G. Where your personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR relating to the transfer

If there are exceptional circumstances that mean we can refuse to provide the information, we will explain them. If requests are frivolous or vexatious, we reserve the right to refuse them. If answering requests is likely to require additional time or occasions unreasonable expense (which you may have to meet), we will inform you.

The right to rectification
When you believe we hold inaccurate or incomplete personal information about you, you may exercise your right to correct or complete this data. This may be used with the right to restrict processing to make sure that incorrect/incomplete information is not processed until it is corrected.

The right to erasure (the ‘right to be forgotten’)
Where no overriding legal basis or legitimate reason continues to exist for processing personal data, you may request that we delete the personal data. This includes personal data that may have been unlawfully processed. We will take all reasonable steps to ensure erasure.

The right to restrict processing
You may ask us to stop processing your personal data. We will still hold the data but will not process it any further. This right is an alternative to the right to erasure. If one of the following conditions applies you may exercise the right to restrict processing:

a) The accuracy of the personal data is contested
b) Processing of the personal data is unlawful
c) We no longer need the personal data for processing but the personal data is required for part of a legal process
d) The right to object has been exercised and processing is restricted pending a decision on the status of the processing.

The right to data portability
You may request your set of personal data be transferred to another controller or processor, provided in a commonly used and machine-readable format. This right is only available if the original processing was on the basis of consent, the processing is by automated means and if the processing is based on the fulfilment of a contractual obligation.

The right to object
You have the right to object to our processing of your data where

  1. Processing is based on legitimate interest
  2. Processing is for the purpose of direct marketing
  3. Processing is for the purposes of scientific or historic research; or
  4. Processing involves automated decision-making and profiling.

11. Do you have to provide your personal information to us?

You are never required to provide personal information to us, but you may need to do so when you enter into a contract for the provision of our services or products. We will not be able to provide our services or products unless you provide us with the personal information, we need to do so.

In addition, you will be required to provide certain personal information if you contact us to exercise your rights under GDPR as set out in section 10.

12.Automated decision-making

We carry out automated decision-making when you use our website. This involves providing content to you based on your online behaviour. This allows us to display content that is relevant to you.

13.Do we use your personal information for marketing?

Yes, we may use your personal information to carry out marketing, but we aim to only contact people who want to receive marketing. If you object to marketing – whether electronic or otherwise – please let us know and we will stop contacting you.

14.Cookies

We use cookies, which are small text files placed on your computer by websites that you visit, to make our website work properly, to monitor its usage and to display content that we believe will be relevant to you. If you register with us or if you continue to use our site, then you will be asked to agree to our use of cookies.

15.Contact us

Any comments, questions or suggestions about this privacy policy or our handling of your personal data should be emailed to dataprotection.enquiries@londonbiopackaging.com

Alternatively, you can contact us at the following postal address:

GDPR Compliance Manager
London Bio Packaging
Unit 4 The Arena
Mollison Avenue
Enfield
Middlesex
EN3 7NL
United Kingdom

16.Complaints

Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.

Should you feel unsatisfied with our handling of your data, or about any complaint that you have made to us about our handling of your data, you are entitled to escalate your complaint to a supervisory authority within the European Union. For the UK, this is the ICO (Information Commissioner’s Office), which is also our lead supervisory authority. Its contact information can be found at https://ico.org.uk/global/contact-us/

Changes to this policy

This policy was last updated 28 September 2020

Terms and Conditions

Bunzl UK Limited (trading as London Bio Packaging): Terms & Condtions

1) Basis of sale

A. Bunzl UK Limited (“the Company”) shall sell and the person who accepts the Company’s quotation or who places an order accepted by the Company (“the Customer”) shall purchase goods supplied by the Company subject in either case to these conditions which shall govern the contract to the exclusion of all other terms, conditions and warranties whatsoever (including any which are implied by statute or common law and any which may appear in the Customers order) unless any of the same are specifically agreed in writing by a director of the Company.

B. No variation to these conditions shall be binding unless agreed in writing by a director of the Company.

C. The Company’s employees or agents are not authorised to make any representations as to the description, quality or fitness for any particular purpose of any goods supplied by the Company. If a representation is made or an opinion expressed which materially affects the Customer’s decision to place an order, the Customer should ensure that such details be confirmed in writing by a director of the Company so as to form part of the contract; no liability can otherwise be accepted.

D. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of order invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company.

E. Whilst the Company takes every precaution in the preparation of its catalogues and other literature, these documents are for the customer’s general guidance only and the particulars contained therein shall not constitute representations by the Company and the Company shall not be bound thereby.

2) Delivery

A. Goods to be delivered to the Customer shall be delivered by one or more consignments, as may be agreed between the parties. Where goods are to be supplied by more than one consignment, then each consignment shall be deemed to constitute a separate contract.

B. Each consignment must be inspected in the presence of the Company’s delivery agent.

C. Risk in the good supplied shall pass to the Customer when the goods are delivered to or collected by the Customer or its agents.

D. Notwithstanding clause 2 (a) above, where the Company supplies special printed stock and has specified a last delivery date in its quotation, the Company reserves the right to deliver all such stock covered in the quotation by the last delivery date. Where no last delivery date has been so specified, then the company shall be entitled to deliver the special printed stock covered by its quotation within a reasonable period.

E. Any dates quoted for the delivery of goods are approximate only and the Company shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence. The goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.

3) Prices

A. Subject to sub-clause 3 (b) below, the price of the goods shall be the Company’s quoted price or when no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s relevant price list current at the date of order acceptance.

B. The price of the goods shall be subject to alteration by the Company at any time before delivery for reasons including, but not limited to, alterations arising from any increase in the costs of the Company which is due to any factor beyond its control such as, without limitation, any foreign exchange fluctuation, alteration of duties, increase in the costs of labour, materials or other costs of manufacture or other overheads, any change in delivery, dates, quantities or specifications for any goods which is requested by the Customer or the failure of the Customer to give the Company adequate information or
instructions.

C. The price is exclusive of any applicable Value Added Tax, which the Customer shall be additionally liable to pay to the Company.

D. Deliveries exceeding the Company’s minimum order delivery requirement from time to time are made free of charge to mainland U.K. addresses. For all other deliveries, the cost of carriage will be charged in addition to the price charged in accordance with these conditions.

4) Payment

A. The Customer shall pay the price of the goods within 28 days of the date of the Company’s invoice notwithstanding that delivery may not have taken place and the property in the goods has not passed to the Customer. Time for payment of the price
shall be of the essence of the contract.

B. If payment of the price or any part thereof is not made by the due date, the Company shall be entitled without notice:

  • i. to charge interest both before and after any judgement on the outstanding amount at the rate of 4% per annum above the HSBC Base Rate accruing daily.
  • ii. appropriate any payment made by the Customer to such goods and/or services supplied
    under any contract between the Customer and the Company as the Company may think
    fit (notwithstanding any purported appropriation by the Customer); and
  • iii. to cancel or suspend delivery of any goods ordered by the Customer, which have not
    been delivered without incurring any liability to the Customers.

C. The Customer shall have no right of set-off in respect of any claims it may make against
the Company.

5) Reservation of Title

A. Notwithstanding delivery and the passing of risk, the property in all the goods delivered by the Company to the Customer shall remain vested in the Company until unconditional payment in full is received and cleared through the Company’s bank account not only for the goods but also for goods and/or services comprised in any other contracts between the Company and the Customer which have been delivered and/or performed but remain unpaid.

B. Until payment due from the Customer under all contracts between the Customer and the
Company has been so received in full:

  • i. the Customer shall hold the goods upon trust for the Company.
  • ii. the Customer shall at all times keep the goods comprehensively insured against normal
    perils and damage;
  • iii. the Customer shall subrogate to the Company any rights it may or will have in respectof insurance monies recoverable from the goods;
  • iv. the Customer shall hold the goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the goods in good condition at its own expense;
  • v. the goods shall be held separately from any other assets and be identified as the
    property of the Company; and
  • vi. the Customer shall permit any officer, employee, representative or agent of the Company to enter with or without vehicles onto the Customer’s premises or other site where the goods are located and to repossess the goods.

6) Termination

A. In the event of:

  • i. entry by the Customer into a deed of arrangement;
  • ii. the failure by the Customer to comply with any statutory demand served on it under the
    Insolvency Act 1986;
  • iii. the making of voluntary arrangement between the Customer and its creditors under the Insolvency Act 1986;
  • iv. the obtaining of any judgement against the Customer, or the levying of distress of execution on any premises owned or occupied by the Customer;
  • v. the appointment of a receiver or an administrative receiver (whether by the court or out of court) in relation to the whole or any part of the Customers property.
  • vi. The presentation of a petition for the winding up of the Customer or for the making of an
    Administrative Order; or
  • vii. The commission by the Customer of any breach of these conditions or any other term of the contract for the provision of goods or services, the Company may forthwith without notice terminate the contract without liability to the Customer.

B. Any such termination (howsoever occasioned) shall not affect any accrued rights or liabilities of the Company and in particular the Company’s right to be paid for goods delivered or services performed prior to such termination and to damages generally.

7) Claims and limitations on liability

A. Without prejudice to clause 8, the Customer shall have no claim for shortages or defects apparent on visual inspection of the goods unless:

  • i. the Customer has inspected the goods in the presence of the Company’s delivery agent; and
  • ii. the Company receives a written claim from the customer within 24 hours of the date of delivery.

B. The Customer shall have no claim in respect of defects not apparent on visual inspection at the time of delivery unless a written claim is received by the Company within three days of the defect in the goods supplied first becoming apparent to the Customer and in any event no later than one month after the date of delivery of the goods to the Customer.

C. Subject to sub clauses 7(a) and (b) above, if any goods supplied to the Customer prove on inspection to be defective in material or manufacture the Company undertakes, at its option, to replace the same or to refund to the Customer the price of the goods and in no circumstances will liability exceed the cost of replacement or the price paid by the Customer for the goods.

D. Whereas:

  • i. the potential extent of the damage that might be caused or be alleged to be caused to the Customer is disproportionate to the amount that can reasonably be charged (and is charged) by the Company to the Customer;
  • ii. the Company is concerned to keep down the cost of advice or recommendations given to the Customer and this must necessarily involve limiting the liability of the Company for any loss or damage caused to the Customer. For the reasons set out above any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the goods (including recommendations and training on good food hygiene practice) whether confirmed in writing or otherwise is followed or acted upon entirely at the Customer’s own risk and accordingly subject to clause 7 (e) the Company shall not be liable for any such advice or recommendations.

E. The Company shall accept liability for death or personal injury resulting from the negligence
of the Company or its employees.

F. The Company shall not be liable for any loss of profit (whether direct or otherwise), or any consequential or indirect losses suffered by the Customer or its customers, whether this arises from a breach of a duty in contract or in tort or in any other way. Without prejudice to 7c) and 7e), the Company’s total aggregate liability arising under or in connection with the Heads of Terms Agreement, and all orders fulfilled pursuant to it to which this Appendix 1 applies, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to £250,000.

G. Nothing in these conditions shall effect the statutory rights of any person dealing with the Company as a consumer.

H. The Company reserves the right to cancel or vary any Contract in the event of its beingunable for any reason to execute the whole or part of the order.

8) Quantity Variations

A. A shortage or surplus not exceeding 10% in quantity of the order shall be deemed to be due execution of any such order and shall be allowed or charge for and paid pro rata.

9) Intellectual Property

A. The copyright and any other intellectual property rights in any drawing or other work susceptible of copy right protection produced by the Company for the Customer shall vest and remain vested in the Company until payment therefore has been received by the Company in full. The price of such drawings or other work shall be the Company’s quoted
price which may be altered by the Company without notice to the Customer if not accepted within 28 days of the date of the quotation. The Company shall be entitled to increase such quoted price notwithstanding acceptance by giving notice to the Customer at any time in the event of any increase in the Company’s overheads prior to production. The provisions of clause 4 above shall apply mutatis mutandis to the payment of the price of the drawings or other work.

B. Until payment due from the Customer in respect of any drawings or other work so produced has been received by the Company in full: –

  • i. the Customer shall not without the prior written consent of a direct of the Company disclose
    or use or suffer others to disclose or use any of the drawings or other work or any extracts
    therefrom or any copies thereof;
  • ii. the drawings and other work received by the Customer together with any copies thereof and materials derived therefrom shall be returned to the Company promptly on demand failing which the Customer shall permit or procure that any officer, employee, representative or agent of the Company to enter with or without vehicles onto the Customer’s premises
    or any other site where the drawings or other work are located and to repossess the same together with any copies thereof.

C. In addition all other remedies that the Company may be entitled to as a matter of law, the Company shall be entitled to specific performance and any other form of equitable relief to enforce provisions of the clause 9 and the Customer acknowledges by commissioning drawings or other work that damages will not be an adequate remedy for any breach by the Customer of the clause.

10) Indemnity

A. The Customer shall upon demand indemnify the Company against all loss, damage, injury, costs and expenses (including without limitation professional fees incurred) suffered by the Company to the extent that the same are caused or related to:-

B. design specifications given to the Company by the Customer in respect of goods or drawings or other works which are to be produced by the Company;

C. the improper incorporation, assembly, use, processing, storage or handling by the Customer of goods supplied by the Company.

11) Specifications

A. Specifications, dimensions and other product details are stated in good faith and the Company will endeavour to ensure that the goods supplied to the Customer comply with such specifications, dimensions or other product details. However it may not be possible for the Company to control minor deviations from specifications, dimensions and other
product details and therefore it reserves the right in such cases to supply goods of a substantially similar specification or dimension.

12) Unenforceability

A. In the event that any condition or part thereof shall be in breach of or be unenforceable under any rule of law or legislation it shall be of no effect but all other conditions shall remain in full force and effect and shall be severable from such offending condition or part of it.

13) Force majeure

A. The Company shall not be liable for any failure to deliver the goods or other failure to perform the contract arising from circumstances outside the Company’s control.

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