This site is owned by Metal Solutions Ltd (hereafter THE MERCHANT) and registered in England, Registration No. 07127262, with registered address at Opal Works, Sofa Street, Bolton BL1 4QE (hereafter THE MERCHANT ADDRESS), and email address at email@example.com.|
Any purchase of goods from the site www.roofing-tools.com (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties. |
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. |
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.|
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order. |
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold. |
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.|
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks. |
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.|
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Limited respects your privacy and is committed to protecting your personal
data. This privacy notice will inform you as to how we look after your personal
data when you visit our website (regardless of where you visit it from) and
tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS
This privacy notice
aims to give you information on how Metal Solutions Limited collects and
processes your personal data through your use of this website, including any
data you may provide through this website when you sign up to our newsletter,
purchase a product or service or take part in a competition.
This website is not
intended for children and we do not knowingly collect data relating to
It is important that
you read this privacy notice together with any other privacy notice or fair
processing notice 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 notice supplements other notices and
is not intended to override them.
Limited is the controller and responsible for your personal data (collectively
referred to as "we”, "us” or "our” in this privacy notice).
We have appointed a data
protection officer (DPO) who is responsible for overseeing questions in
relation to this privacy notice. If you have any questions about this privacy
notice, including any requests to exercise your legal rights, please contact
the DPO using the details set out below.
Our full details are:
Full name of legal
entity: Metal Solutions Limited
Name or title of DPO:
Postal address: Opal
Works, Sofa Street, Bolton BL1 4QE
You have the right to
make a complaint at any time to the Information Commissioner’s Office (ICO),
the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate
the chance to deal with your concerns before you approach the ICO so please
contact us in the first instance.
THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
was last updated on 23 May 2018.
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.
may include links to third-party websites, plug-ins and applications. 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 notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
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).
We may collect,
use, store and transfer different kinds of personal data about you which we
have grouped together follows:
Identity Data includes first name, maiden name, last name, username or similar
identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details
of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser
type and version, time zone setting and location, browser plug-in types and
versions, operating system and platform and other technology on the devices you
use to access this website.
Profile Data includes your username and password, purchases or orders
made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and
Marketing and Communications Data
includes your preferences in receiving marketing from us and
your communication preferences.
We also collect, use and share Aggregated Data such
as statistical or demographic data for any purpose. Aggregated Data may be
derived from your personal data but is not considered personal data in law as
this data does 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 notice.
We do not
collect any Special Categories of Personal Data about you (this includes
details about your race or ethnicity, religious or philosophical beliefs, sex
life, sexual orientation, political opinions, trade union membership,
information about your health and genetic and biometric data). Nor do we
collect any information about criminal convictions and offences.
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.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you
Direct interactions. You may give us your Identity,
Contact and Financial Data by filling in forms or by corresponding with us by
post, phone, email or otherwise. This includes personal data you provide when
apply for our products or services;
create an account on our website;
subscribe to our service or
request marketing to be sent to you;
enter a competition, promotion or
give us some feedback.
Automated technologies or
interactions. As you interact with our website, we may automatically collect
Technical Data about your equipment, browsing actions and patterns. We collect
this personal data by using cookies, server logs and other similar
technologies. We may also receive Technical Data about you if you visit other websites
Third parties or publicly
available sources. We may receive personal data about you from various third parties
as set out below:
Technical Data from the following
(a) analytics providers such as Google
based outside the EU;
(b) advertising networks inside or outside
the EU; and
(c) search information providers inside or
outside the EU.
Contact, Financial and Transaction Data
from providers of technical, payment and delivery services inside or outside
Identity and Contact Data from data
brokers or aggregators inside or outside the EU.
Identity and Contact Data from publicly
availably sources such as Companies House and the Electoral Register based
inside the EU.
4. HOW WE USE YOUR PERSONAL
We will only
use your personal data when the law allows us to. Most commonly, we will use
your personal data in the following circumstances:
Where we need to perform the contract
we are about to enter into or have entered into with you.
Where it is necessary for our
legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests.
Where we need to comply with a legal or
Generally we do
not rely on consent as a legal basis for processing your personal data other
than in relation to 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.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out
below, in a table format, a description of all the ways we plan to use your
personal data, and which of the legal bases we rely on to do so. We have also
identified what our legitimate interests are where appropriate.
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. Please contact us if you
need details about the specific legal ground we are relying on to process your
personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate
you as a new customer
of a contract with you
and deliver your order including:
payments, fees and charges
and recover money owed to us
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to recover debts due to us)
our relationship with you which will include:
you to leave a review or take a survey
Marketing and Communications
Performance of a contract with you
to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to
study how customers use our products/services)
you to partake in a prize draw, competition or complete a survey
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to study how customers use our
products/services, to develop them and grow our business)
administer and protect our business and this website (including
troubleshooting, data analysis, testing, system maintenance, support,
reporting and hosting of data)
Necessary for our legitimate interests (for running our business, provision
of administration and IT services, network security, to prevent fraud and in
the context of a business reorganisation or group restructuring exercise)
Necessary to comply with a legal obligation
relevant website content and advertisements to you and measure or understand
the effectiveness of the advertising we serve to you
Marketing and Communications
for our legitimate interests (to study how customers use our
products/services, to develop them, to grow our business and to inform our
To use data
analytics to improve our website, products/services, marketing, customer
relationships and experiences
for our legitimate interests (to define types of customers for our products
and services, to keep our website updated and relevant, to develop our
business and to inform our marketing strategy)
suggestions and recommendations to you about goods or services that may be of
interest to you
for our legitimate interests (to develop our products/services and grow our
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). We strive to provide you with choices regarding certain
personal data uses, particularly around marketing and advertising.
You will receive
marketing communications from us if you have requested information from us or
purchased goods or services from us or if you provided us with your details
when you entered a competition or registered for a promotion and, in each case,
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 company outside the Metal Solutions Limited
group of companies for marketing purposes.
You can ask us or
third parties to stop sending you marketing messages at any time by logging
into the website and checking or unchecking relevant boxes to adjust your
marketing preferences or by following the opt-out links on any marketing
message sent to you or by contacting us at any time.
Where you opt out of
receiving these marketing messages, this will not apply to personal data
provided to us as a result of a product/service purchase, warranty registration,
product/service experience or other transactions.
You can set your
browser to refuse all or some browser cookies, or to alert you when websites
parts of this website may become inaccessible or not function properly. For
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 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.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share
your personal data with the parties set out below for the purposes set out in
the table in paragraph 4 above.
Internal Third Parties.
External Third Parties.
Third parties to whom we may choose to
sell, transfer, or merge parts of our business or our assets. Alternatively, we
may seek to acquire other businesses or merge with them. If a change happens to
our business, then the new owners may use your personal data in the same way as
set out in this privacy notice.
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.
6. INTERNATIONAL TRANSFERS
We do not
transfer your personal data outside the European Economic Area.
7. 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
8. DATA RETENTION
HOW LONG WILL YOU USE
MY PERSONAL DATA FOR?
We will only retain
your personal data for as long as necessary to fulfil the purposes we collected
it for, including for the purposes of satisfying any legal, accounting, or
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 requirements.
9. YOUR LEGAL RIGHTS
circumstances, you have rights under data protection laws in relation to your
personal data to::
access to your personal data.
correction of your personal data.
erasure of your personal data.
processing of your personal data.
restriction of processing your personal data.
transfer of your personal data.
If you wish to
exercise any of the rights set out above, please contact us. .
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 may refuse to comply with
your request in these circumstances.
WHAT WE MAY NEED FROM
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
TIME LIMIT TO RESPOND
We try to respond to
all legitimate requests within one month. Occasionally it may 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.
Legitimate Interest means the interest of our business in conducting and managing our
business to enable us to give you the best service/product and the best and
most secure experience. We make sure we consider and balance any potential
impact on you (both positive and negative) and your rights before we process
your personal data for our legitimate interests. 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).
You can obtain further information about how we assess our legitimate interests
against any potential impact on you in respect of specific activities by
Contract means processing your data where it is necessary for the
performance of a contract to which you are a party or to take steps at your
request before entering into such a contract.
Comply with a legal
or regulatory obligation means processing your personal
data where it is necessary for compliance with a legal or regulatory obligation
that we are subject to.
Other companies in
the Metal Solutions Limited group and who are based and provide IT and system
administration services and undertake leadership reporting.
Service providers acting as processors
who provide IT and system administration services.
Professional advisers including
lawyers, bankers, auditors and insurers who provide consultancy, banking,
legal, insurance and accounting services.
HM Revenue & Customs, regulators
and other authorities who require reporting of processing activities in certain
YOUR LEGAL RIGHTS
You have the right
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.
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.
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.
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
of processing of your personal data. This enables you
to ask us to suspend the processing of your personal data in the following
scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use
of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use
of your data but we need to verify whether we have overriding legitimate
grounds to use it.
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.
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.
INFORMATION ABOUT OUR
Our website uses
cookies to distinguish you from other users of our website. This helps us to
provide you with a good experience when you browse our website and also allows
us to improve our site. By continuing to browse the site, you are agreeing to
A cookie is a small
file of letters and numbers that we store on your browser or the hard drive of
your computer if you agree. Cookies contain information that is transferred to
your computer’s hard drive.
We use the following
Strictly necessary cookies. These are cookies that are required for the operation of our
website. They include, for example, cookies that enable you to log into secure
areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and
to see how visitors move around our website when they are using it. This helps
us to improve the way our website works, for example, by ensuring that users
are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website.
This enables us to personalise our content for you, greet you by name and
remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you
have visited and the links you have followed. We will use this information to
make our website and the advertising displayed on it more relevant to your
interests. We may also share this information with third parties for this
Please note that
third parties (including, for example, advertising networks and providers of
over which we have no control. These cookies are likely to be analytical/performance
cookies or targeting cookies.
You block cookies by
activating the setting on your browser that allows you to refuse the setting of
all or some cookies. However, if you use your browser settings to block all
cookies (including essential cookies) you may not be able to access all or
parts of our site.
If you want to
delete cookies that are already on your device you can do this by deleting your
browser history or visit www.aboutcookies.org. You can also block cookies by activating the setting on your
browser that allows you to refuse the setting of all or some cookies. However,
if you use your browser settings to block all cookies (including essential
cookies) you may not be able to access all or parts of our site.
of changes required by its insurers, for operational or administrative reasons
or in order to comply with changes in the law.
agreement regarding processing of personal data by Metal Solutions Limited
1.1 Metal Solutions Ltd ("MSL”)
acts as a data processor on behalf of its customers who, as data controllers,
submit data in order to access the services of providers of courier and postal
despatch. MSL processes data to this end and in order to provide supporting and
related services. In certain cases the data so provided will relate to an
identifiable subject and so is defined as "personal data” under EU General Data
Protection Regulation 2016/679 ("GDPR”). This document serves the purpose of
the written contract required to be in place between MSL and its customers
("Controller”) clarifying their responsibilities and liabilities under GDPR.
2. Terms of
2.1 MSL will act only on the
written (post, e-mail, fax, text) and verbal instructions of the Controller in
processing any data supplied ("the Data”), personal or otherwise, unless
required by law to act without such instruction. Agreement to trade with MSL
under written Sales Orders is taken to constitute consent to process the Data
solely for the purposes necessary to perform the contracted services.
2.2 MSL will ensure that any people
processing or accessing the Data are subject to a duty of confidence. All staff
of MSL are bound by the terms of MSL’s Staff Data Policy regarding correct and
2.3 MSL will take appropriate
measures to ensure the security of processing the Data, such that are outlined
2.4 By submitting the Data for
delivery by a chosen courier or postal provider, such shipment being governed
by prior written Sales Order, the Controller consents to MSL passing any of the
Data necessary to that courier or postal provider for processing and/or the
supplier for their contracted purpose of conducting that delivery. Any other sub
and separate written agreement.
2.5 MSL will assist the Controller
in meeting any stated obligations regarding the provision of subject access to
their personal data and any other rights under GDPR. Should MSL receive such a
request directly, it will in the first instance refer the request to the
Controller, inform the data subject that it has done so, and subsequently act
according to the reasonable instruction of the Controller in providing further
information or access.
2.6 MSL will assist the Controller
in meeting any stated obligations regarding security of processing of the Data.
2.7 MSL will notify the Controller
of any personal data breaches relating to the Data, and any resultant data
protection impact assessments, in line with its obligations under GDPR.
2.8 MSL will submit to audits and
inspections of its processing practices by any supervisory authority and
provide the Controller with any information required to meet an equivalent
audit or inspection or any connected legal obligations.
2.9 MSL will immediately inform the Controller if it is asked by
a third-party to infringe GDPR or any other applicable data protection law in
relation to the Data.
3.1 MSL processes the Data on
behalf of the Controller through the supply relevant information to suppliers
and providers of courier and postal despatch. Subsequently the data is used to
provide tracking information and supporting customer services on request and
through provided online tools.
3.2 MSL processes the data for the
purpose of enabling delivery to the Controller’s designated recipients.
3.3 The Data may contain a number
of types of "personal data”, frequently consisting of name and address
information and sometimes also accompanying telephone numbers and/or email
addresses. Those names may be connected with either business or home addresses,
and their usage for both business and personal purposes. While it is
conceivable there may be "Personal Data” relating to vulnerable persons, to
children, and to other special categories of person within the Data, this in
current practice will not be identifiable therein, nor is the purpose of
processing related to that status.
3.4 MSL’s general policy is that
there should be no reason for the Controller to supply definable "sensitive
personal data” to MSL for the purposes of its processing. Should MSL become
aware of such instances, the Controller will be advised on ways in which the
Data can be supplied that does not constitute qualification as "sensitive”.
Should there be no alternative to the Controller supplying "sensitive personal
data” to meet its processing deeds, MSL will agree a separate written
arrangement regarding its safe usage and storage.
3.5 The Data is retained in
3.6 The Data is submitted by MSL to
suppliers and the supplier of the chosen despatch service for the purpose of
conducting delivery and will then be stored by that supplier in line with their
own processing terms.
3.7 Information, including the Data
where applicable, that is submitted to MSL by email or otherwise is stored in
3.8 The Controller holds responsibility for ensuring that the
Data it provides to MSL for processing complies with all legal obligations.
(a) the Controller verifies that the Data, and any record
therein, has been made subject to a valid and documented "lawful basis for
processing” under GDPR, and that
(b) the Controller
verifies that it has complied with any valid and reasonable subject request for
removal or deletion it has received and that no records of such subjects exist
within the Data,
(c) the Controller verifies that the Data does not contain any
record that is required to be excluded by either MPS or TPS registration as
(d) the Controller verifies that it is willing and able to
cooperate with any compliance requirements made of it under GDPR.
4.1 MSL does not indemnify the Controller against any data
breach or against any other financial harm resultant from its lawful processing
of the Data, other than by prior additional arrangement or other than as
governed by law.
4.2 Nothing within this contract relieves MSL of its own direct
responsibilities and liabilities under GDPR.
The UK is due to leave the European Union on 29th March 2019
and there are many uncertainties as to how this is to be implemented. There are
concerns that material adverse effects could arise in particular with regard
to, but not limited to, VAT, customs issues, withholding taxes, applicable
statutory provisions regardless of an agreed Brexit deal or ‘no deal’. Metal
Solutions Ltd reserves the right to pass on any additional costs to its
customers and if necessary add such costs to existing quotations/orders. Metal
Solutions will not accept liability for any import/production delays which may
impact on customers delivery dates.