GEORG UTZ HOLDING AG

PRIVACY POLICY

This Privacy Policy (together with our Terms of Use and any other documents referred to within it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following Privacy Policy carefully to understand how we use and protect the information that you provide to us.

By using our Site you consent to the collection, use and transfer of your information under the terms of this Privacy Policy.

1. Definitions and Interpretation

1.1 The following words and expressions have the following meanings unless inconsistent with the context:

“Compliance Officer”

Barbara Kapoor who can be contacted by post at Grange Close, Clover Nook Industrial Estate, Alfreton, Derbyshire, DE55 4QT or by email at barbara.kapoor@utzgroup.com;

“Cookies”

a small amount of data sent from the server, which is then stored on your computer’s hard disc  drive;

“DPA”

Data Protection Act 1998 as amended from time to time;

“sensitive personal data”

as defined in the DPA;

“Group”

means us and any subsidiary, holding company or other company affiliated with ours from time to time, including but not limited to George Utz Limited, a company registered in England and Wales with company number 2352523 whose registered office is at Grange Close, Clover Nook Industrial Estate, Alfreton, Derbyshire, DE55 4QT;

“Site”

www.utzgroup.com;

“we”, “us” or “our”

Georg Utz Holding AG, a company registered in Switzerland with identification number CHE-103.394.569 whose company address is Augraben 4, 5620 Bremgarten, Switzerland and who may be contacted on info.ch@utzgroup.com and/or any member of our Group from time to time; and

“you”, “your”

an individual, company, or firm accessing our Site.

1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time, and any subordinate legislation made from time to time under the relevant statute or statutory provision.

1.3 References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality).

1.4 Use of any gender includes the other genders.

1.5 Words in the singular include the plural and words in the plural include the singular.

1.6 Any reference to "writing" or any cognate expression includes communications by post and email but not facsimile or text messages.

1.7 The headings to Conditions do not affect the interpretation of these Conditions.

1.8 Any phrase introduced by the term "include", "including", "in particular" or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.

 

2. Introduction

2.1 This Privacy Policy is a statement as to how we shall process your personal data. We take the security and privacy of you and your personal data very seriously and we are committed to safeguarding your privacy online. Please be aware that communications over the internet, such as emails, are not secure unless they are encrypted. We do not accept any responsibility for any unauthorised access or loss of personal data beyond our control.

2.2 Our primary reason for collecting your personal data is to address enquiries and process orders which you may make on our Site from time to time and provide you with the most efficient service possible. We do anticipate collecting or processing sensitive personal data about you.

2.3 This Privacy Policy may change from time to time so please check it periodically.

2.4 Our Site may contain links to other websites. Please note that we are not responsible for the privacy practices of such other websites and advise you to read the privacy statements of each website you visit which collects personal data.

3. Our policy for processing your personal data

3.1 What personal data do we process and where do we get it from?

3.1.1 When you contact us via the "Contact" link on our Site or by telephone or email, contact us by post or by fax, we will collect personal data from you.

3.1.2 If you create an account with us we may collect personal data.

3.1.3 Personal data may also be obtained automatically by your internet browser.

3.1.4 If you place an order with us and when you subsequently submit payment for that order we will collect personal data from you.

3.1.5 If you request a quotation from us, we may collect personal data from you.

3.1.6 The types of personal data which we may collect from you could include, for example, your name, email address, postal address, telephone number and other information collected through the "Contact" link on our Site.

3.1.7 We may also collect technical and non-personally identifiable data about your visit to our Site through the use of Cookies. This data may include, for example the pages which you browse and the “IP” (Internet Protocol) address used to connect your computer to the internet. This data helps us to better manage and develop our Site.  Please refer to Condition 4.4 of this Privacy Policy for further information on our use of Cookies.

4. What do we do with your personal data?

4.1 We will process your personal data in order to:

4.1.1 process your orders subject to the terms and conditions of our Site;

4.1.2 create a quotation for you;

4.1.3 fulfil obligations to you under any contract subject to the terms and conditions of our Site;

4.1.4 process any payment made by you.

4.1.5 deal with the general queries you raise from time to time through the "Contact" link on our Site, by post or by email;

4.1.6 pass your queries and communications to other members of our Group for them to address.

 

4.2 Other purposes for which we may process your personal data are:

4.2.1 the general administration of your records;

4.2.2 the general maintenance of our database and records;

4.2.3 for security purposes to protect your personal data held and/or processed;

4.2.4 to maintain records of payments made by you;

4.2.5 for our general marketing purposes unless you have notified us to the contrary.

4.3 Our data processing may take place in other jurisdictions from time to time but continues to be subject to the governing law specified in Condition 10 of this Privacy Policy, except where national law cannot be excluded.

4.4 We use Cookies to collect data and identify individual users on our website in order to provide a better experience for you. Further information about the Cookies we use can be found in our separate Cookie Policy.

4.5 You acknowledge that by providing personal data to us, you consent to the processing of your personal data in accordance with this Privacy Policy.

5. Who else gets to see your personal data?

5.1 Our data processors.

5.2 Other companies which are part of our Group.

5.3 Third party agents who manage and/or process any payments received from you in relation to orders placed on our Site, or any other business partner, supplier or subcontractor for the performance of any contract we may enter into with you.

5.4 Third party companies which we may use from time to time for our marketing and advertising purposes.

5.5 Third party credit reference agencies who assess credit scores for us where this is a condition of us entering into a contract with you.

5.6 Such couriers or fulfilment service providers used by us from time to time for the purposes of delivering goods to you, where applicable.

5.7 Other third parties such as analytical or search engine providers in order to better optimize or improve our Site.

5.8 We may also need to disclose your personal information in the event that we:

(a) sell or buy any business or assets, in which case we may need to disclose your personal data to a prospective buyer or seller;

(b) are acquired by a third party, in which case personal data we hold will be transferred to the third party acquiring our other assets; or

(c) have a duty to disclose your personal data to comply with a legal obligation, enforce a contract we have with you, or need to disclose personal data to protect our rights, property or safety and those of our vistitors, customers or others.

6. Your Rights

6.1 You have the right to object to your personal data being used for 'direct marketing' and/or 'host mailing' purposes (see Condition 4.2.5 above). You can change your options in relation to the information you wish to receive at any time by contacting our Compliance Officer in writing by post or email.

6.2 You can set your internet browser to refuse Cookies or you can ask your internet browser to alert you when a Cookie is being set up (see our Cookie Policy).

6.3 You have the right under the DPA to request from us information as to what personal data we are processing about you. Such requests should be made in writing by post to the Compliance Officer and should be accompanied by a £10.00 fee. We will provide you with the relevant information within 40 days of receipt of the request and the fee in cleared funds.

6.4 You have the right to request corrections be made to the personal data held by us about you by contacting our Compliance Officer in writing by post or email.

6.5 You have other rights under the DPA in relation to our processing of your personal data.

7. Maintenance of your personal data

7.1 We are committed to the security of your personal data. All of our employees and sub-contractors with access to your personal data and/or who are associated with the processing of that data are contractually obliged to respect the confidentiality of your personal data.

7.2 We have implemented technology measures and security policies to protect the personal data that we have in our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss.

7.3 You are permitted to create a password when you create an account with us. You are responsible for keeping this password confidential. We ask you not to share this password with anyone, and we will not be liable for any breach of your personal data resulting from you having shared your password.

7.4 The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

8. General application of our Privacy Policy

8.1 This Privacy Policy only applies to the collection and use of your personal data provided to us and not to personal data you may provide directly to third parties. Any third parties will have their own policies in respect of processing personal data you provide to them and/or your personal data that is disclosed to them in accordance with this Privacy Policy.

9. Contact information

9.1 If you have any queries about our processing or use of your personal data you should write, in the first instance to the Compliance Officer whose details are set out at the top of this Privacy Policy.

9.2 If you want to learn more about your rights regarding your personal data, you should contact the Information Commissioner's office information line on: (0044) 01625 545745 or visit their website at http://www.ico.gov.uk/.

10. Governing Law and Jurisdiction

10.1 This legal notice and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England and Wales.

10.2 The parties irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter.