Privacy Policy

Privacy Policy

Linde Cryoplant Limited

Registered Office

The Priestley Centre
10 Priestley Road
Surrey Research Park
Guildford
Surrey
GU2 7XY

Registered in England and Wales No 02103636

Welcome to the Linde Cryoplant Limited’s (“Linde”) privacy policy.

Purpose of this privacy policy

This privacy policy aims to give you information on how Linde collects and processes your personal data through your use of this website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Changes to the Privacy Policy and Your Duty to Inform us of Changes

We keep our privacy policy under regular review. This version was last updated in February 2020. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

General Information regarding Data Protection in The Linde Group

1. Controller and Data Protection Officer

The controller responsible for the processing of your personal data is Linde. Linde is a company of The Linde Group. The Linde Group is one of the leading gases and engineering companies in the world, with approximately 58,000 employees working in more than 100 countries worldwide.

The EU Group Data Protection Officer (“EU GDPO”) of The Linde Group and Linde is available to answer all your questions regarding data protection at Linde by e-mail or mail. You can contact the EU GDPO under the following address:

Linde AG
Data Protection Officer
Dr.-Carl-von-Linde-Straße 6-14
82049 Pullach
Germany

Email: dataprotection@linde.com 

2. Your Data Privacy Rights

In connection with any processing of personal data by Linde, all data subjects have the following rights pursuant to General Data Protection Regulation (EU 2016/679) (“GDPR”) and the Data Protection Act 2018 - within the statutory limits of the member states: 

  • Right to information; Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Right to correction; Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Right of deletion; Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Right to limitation of processing; Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    • If you want us to establish the data's accuracy.
    • Where our use of the data is unlawful but you do not want us to erase it.
    • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
    • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Right to data transferability; Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Right of objection; Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Right to withdraw consent; Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you are of the opinion that the processing of personal data by Linde is not in accordance with the data protection regulations or you are not satisfied with the information provided by us, you have the right to file a complaint with the competent supervisory authority (see Art. 77 GDPR).

If you wish to exercise any of the rights set out above, enquiry-cryoplants@linde.com.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

3. Transfer to Third Party Countries or International Organizations 

We take care not to transfer your data to recipients in countries without an adequate level of data protection (third party countries). However, in some cases, this cannot be completely avoided. Where this is the case, Linde has taken and will take appropriate measures to ensure an adequate level of data protection at all times i.e transfers to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe or where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

4. Storage and Retention Periods 

We will only retain your personal data for as long as it is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. As soon as the data concerned is no longer required for this, it is generally deleted. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and legal purposes.

In some circumstances you can ask us to delete your data: see Your Data Privacy Rights section above for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

5. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

II. Processing of Personal Data by Linde for Core Business Purposes

The Linde Group is offering customers from the industrial retail, trade, science, research and public sectors a comprehensive product and service portfolio. Our customers, suppliers and partners are as diverse as we are. To conduct our complex international business, it is necessary to process personal data.

1. Type and Origin of Personal Data processed by Linde

We process personal data only to the extent necessary to fulfil our contractual and legal obligations in connection with the business relationship with our customers, suppliers and partners. “Processing” means that we collect, store, use, delete or transfer personal data, to list a few examples. Personal data processed by us includes: 

  • Identity & Contact Data: Master and contact data of customers and suppliers, such as name, billing address, delivery address, telephone number, e-mail address, function, department of our contact persons, etc. 
  • Financial Data: Data we need for invoicing and payment processing, such as bank details, payment card details, tax number, credit management information, data about payments to and from you etc., as far as it concerns the data of a natural person; 
  • Supplier and customer relationship management information, such as order history, etc., as far as it concerns the data of a natural person; 
  • Usage data includes information about how you use our website, products and services.
  • Marketing and communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

If you fail to provide personal data

  • Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

We regularly receive the personal data processed by us within the framework of and in the course of our business relationship with our customers. In some cases, we also receive personal data from affiliated companies of The Linde Group, e.g. contact data from suppliers within The Linde Group’s supplier relationship management. In some cases, we also process personal data that we have received in another manner, in accordance with the applicable data protection laws. This is regularly the case regarding:

  • Publicly accessible sources, e.g. trade and business registers, trade fairs, exhibitions, Internet sources, newspapers, trade directories, etc. 
  • Third parties who are not affiliated with The Linde Group, e.g. trade/business associations, credit agencies, insurance companies, etc.

2. Purpose for Processing by Linde and Legal Basis

We process your personal data only for permitted purposes and in accordance with the applicable legal provisions of the GDPR and relevant national data protection laws.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

2.1 We process Data to fulfil our Contractual Obligations

We process personal data to fulfil our contractual obligations towards our customers and suppliers or to carry out so-called pre-contractual measures, which take place upon a specific request.

In these cases, the purpose of data processing is determined by the contract we have concluded with our customers or suppliers and services that are provided under this contract. This also includes, for example, the processing of personal data in the context of sending catalogues, information on our services or the preparation of specific offers.

2.2 We process Data to protect Legitimate Interests

We also process personal data insofar as it is necessary to safeguard the legitimate interests of Linde or The Linde Group companies as well as our customers (and, if applicable, other third parties). Where this is the case, we process personal data only after considering and balancing any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.

This includes in detail e.g.:

  • The supply of Linde products and the provision of services;
  • Customer service and handling of complaints;
  • Direct mail, provided you have not objected to the processing of your personal data for these purposes
  • The surveillance of publicly accessible rooms in our branches with optical-electronic equipment (video surveillance)
  • Transfer of personal data within The Linde Group for internal administrative purposes.

We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

2.3 We process Data to comply with Legal Obligations

We are required to process certain data in order to comply with legal obligations. Such obligations may arise from certain provisions of national commercial, trade, tax and social law as well as European legislation, e.g. in connection with regulations to avoid the financing of terrorism. In detail, this may also result in obligations for Linde to safeguard, store, report and collect data, which generally serve control purposes from the respective authorities.

2.4 We process Data with your Consent

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

2.5 Information regarding Change of Purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

3. Recipients of your Data

Personal data will only be made available to other companies of The Linde Group if and insofar as this is necessary to protect our legal and contractual rights and obligations. This, for example, can be the case for the coordination of our contractual services. Typical examples are centralized supplier and customer management services, centralized IT services and internal shared service centre in finance and accounting. 

We cooperate with external service providers to fulfil certain contractual obligations. This is the case, for example, in connection with specific supplier and customer management services, hosting of IT infrastructure and external shared service centre in finance and accounting, payment processing (credit card, direct debiting, purchase on account), logistics and delivery, promotional activities or the transaction of online orders. As far as we involve external service providers, this always takes place within the legal limits and in compliance with the applicable data protection regulations. 

We may also transfer personal data to professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services and to HM Revenue & Customs, regulators and other authorities (including without limitation emergency services, government departments, public bodies or other third parties where we believe in good faith that the law requires this).

We only transfer personal data to other recipients outside The Linde Group if we are legally obliged to do so. In all other cases, we will only transfer your data to other third parties if you have given us your corresponding consent. 

In the context of the continuous development of our business, we may divest subsidiaries or business parts or merge our business or parts of it with another company. Such transactions typically entail the transfer of customer information pertaining to the sold or divested subsidiary or business part to the buyer or to the company created by the merger. In the unlikely event of a complete sale of The Linde Group or substantial parts thereof, your personal information will also be transferred to the buyer. Your personal information continues to be governed by the provisions of this privacy policy in this case.

4. Obligation to provide Data 

In order to be able to provide our services to our customers, we must process certain personal data or are legally obliged to do so. We collect the corresponding data from you upon conclusion of the contract (e.g. address, business contact data and function). Without these data we cannot conclude contracts with our customers.

5. Automated Decision-Making and Profiling

We do not use automated decision-making processes for procedures that have legal implications or a similarly significant impact on you. No decision will be made without further human review.

Profiling within the meaning of Art. 4 (4) GDPR does not take place at The Linde Group with the exception of specific applications in the homecare business to identify patients at high risk of further deterioration of their health status and potentially required intervention or re-hospitalization.

III. How we use Personal Data for the purposes of our Websites

The companies of The Linde Group operate websites to provide you with information regarding the companies of The Linde Group and their products and services.

1. Type and Origin of Personal Data processed by Linde

When you visit one of the websites of The Linde Group, we collect certain personal data from you. Personal data processed in connection with the operation of our websites is typically provided by you in the course of using our website and will generally include your name, address, phone number or email address. In some cases, however, personal data processed can also be provided by third parties who are not affiliated with The Linde Group, such as internet service providers, marketing affiliates or software plug-ins. The following data (in particular log information and device data) is automatically processed by Linde: 

  • The name of your Internet Service Provider (ISP) 
  • Your internet protocol (IP) address 
  • Your browser type and plug-in types including versions and your operating system (OS) and platform
  • Date, duration and time of your visit 
  • Visited websites 
  • Extracted data & downloaded files 
  • Your country including time zone setting and location
  • Your referrer URL 
  • Your search term in case you were referred to our website by a search engine
  • and other technology on the devices you use to access this website.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

2. Purpose for processing by Linde and Legal Basis

We will only use your personal data when the law allows us to. We process personal data only to the extent necessary in each case.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

2.1 We process Data to fulfil our Contractual Obligations

We process personal data to fulfil our contractual obligations towards our customers or to carry out so-called pre-contractual measures, which take place upon a specific request. This may be the case when you register for certain services, for online orders or our supplier portal.

2.2 We process Data to protect Legitimate Interests

We also process personal data insofar as it is necessary to safeguard the legitimate interests of Linde or The Linde Group companies as well as our customers (and, if applicable, other third parties). Where this is the case, we process personal data only after due consideration of your relevant interests.

This includes in detail e.g.:

  • Measures to analyse pseudonymized user behaviour to further improve our websites,
  • Measures to provide website functionalities such as user account management, shopping carts

2.3 We process Data to comply with Legal Obligations

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

2.4 We process Data with your Consent

We also process your personal data if you have given us your consent. You may revoke your consent at any time. Please note, however, that data processing up to the date of revocation remains permissible. This includes in detail e.g.:

  • Newsletter registrations,
  • Promotions,
  • Contact enquiries

2.5 Information regarding Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

3. Recipients of your Data

We may share your personal data with the parties set out below for the purposes set out below.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

3.1 The Linde Group Companies and Service Providers

Personal data will only be made available to other companies of The Linde Group if and insofar as this is necessary to protect our legal and contractual rights and obligations. This, for example, can be the case for the coordination of our contractual services. Typical examples are centralized supplier and customer management services, centralized IT services and internal shared service centre in finance and accounting. 

We cooperate with external service providers to fulfil certain contractual obligations. This is the case, for example, in connection with specific supplier and customer management services, hosting of IT infrastructure and external shared service centre in finance and accounting, payment processing (credit card, direct debiting, purchase on account), logistics and delivery, promotional activities or the transaction of online orders. As far as we involve external service providers, this always takes place within the legal limits and in compliance with the applicable data protection regulations. 

We only transfer personal data to other recipients outside The Linde Group if we are legally obliged to do so. In all other cases, we will only transfer your data to other third parties if you have given us your corresponding consent. 

3.2 Other Third Parties

In the context of the continuous development of our business, we may divest subsidiaries or business parts or merge our business or parts of it with another company. Such transactions typically entail the transfer of customer information pertaining to the sold or divested subsidiary or business part to the buyer or to the company created by the merger. In the unlikely event of a complete sale of The Linde Group or substantial parts thereof, your personal information will also be transferred to the buyer. Your personal information continues to be governed by the provisions of this privacy policy in this case.

We may also transfer personal data to professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services and to HM Revenue & Customs, regulators and other authorities who oversee The Linde Group businesses.

4. Cookies 

We use cookies. Further information regarding the nature & purpose of cookies employed by us are contained in our cookie policy, available at: www.lindeplc.com/en/cookie-policy

5. Links

Our websites contain links to other websites, plug-ins and applications which are subject to separate data protection notices of the respective operators of such websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

IMPORTANT NOTICE

Information regarding your Right of Objection

1. Objection in particular Individual Situations

You have the right to object at any time to certain types of processing of your data for reasons arising from your particular situation. This right applies to data processing in the public interest and to data processing to protect legitimate separate interests. This right also applies to profiling, insofar as it is based on these two provisions.

In the event of a contradiction, we will cease processing your personal data. However, this does not apply if we can prove compelling reasons worthy of protection for the processing, that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

2. Objection to processing for Direct Marketing purposes 

In individual cases we process your personal data for direct marketing purposes. This is the case, for example, if we send you information about special offers or discount promotions. 

You have the right to object to the processing of your personal data for these purposes. This right also applies to profiling insofar as it is connected to direct marketing. 

In the event of any objection, we will no longer process your personal data for these purposes. 

Your objection does not require any specific form and can be e-mailed to us at: enquiry-cryoplants@linde.com