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Legal Documents

Below you will find our legal policies. Please be aware that these policies are updated on a regular basis and you should refer to these policies and no others. If you have any questions please don't hesitate to contact us on 01925 551516 or email admin@bmech.co.uk.

We are committed to protecting your privacy and we comply with the data protection laws applicable to the UK. This privacy statement outlines how your personal information is treated and forms part of our terms and conditions.

What information do we collect?

1. THIS IS PRIVACY NOTICE OF Bmech Services Limited.
We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here www.bmechservices.co.uk/legal.

1. WHO WE ARE AND IMPORTANT INFORMATION
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
3. HOW WE COLLECT YOUR PERSONAL DATA
4. HOW WE USE YOUR PERSONAL DATA
5. WHO WE SHARE YOUR PERSONAL DATA WITH
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
11. QUERIES, REQUESTS OR CONCERNS

What is the purpose of this privacy notice?
This privacy notice aims to give you information on how we collect and process 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.

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

You must read this privacy notice together with any other privacy 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 the other notices and is not intended to override them.

Data controller(s)

Bmech Services Limited is the controller and responsible for your personal data (collectively referred to as ["COMPANY"], "we", "us" or "our" in this privacy notice). Our contact details are 23 Cameron Court, Winwick Quay, Warrington WA2 8RE, (admin@bmech.co.uk or +44 (0)1925 551516).

Bmech Services Limited is the controller and responsible for this website.

Third-party links outside of our control
This website 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 PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name/last name/ username/title.

• Contact Data includes billing address/delivery address/email address/ telephone numbers.

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 your 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 WE COLLECT YOUR PERSONAL DATA
We use different methods to collect data from and about you including through:

Directly. 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 you:
• Apply for our products or services;
• Create an account on our website;
• Subscribe to our service or publications;
• Request marketing to be sent to you.

4. HOW WE USE YOUR PERSONAL DATA
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:

• Performance of Contract this 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.

• Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the 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.

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

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 at admin@bmech.co.uk or telephoning us on +44 (0)1925 551516.

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, with the legal bases we rely on to do so.
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 at admin@bmech.co.uk or telephoning us on +44 (0)1925 551516.

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.

 

 

Purpose/Activity

 

Type of data


A lawful basis for processing
including basis of
legitimate interest

 


To register you as 
a new customer


(a) Identity
(b) Contact

 


Performance of a
contract with you

 

 

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.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from 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 COMPANY for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting admin@bmech.co.uk 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 OR service experience or other transactions.

Cookies
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.bmech.co.uk/legal.

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 email admin@bmech.co.uk or contact us on 01925 551516.

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. WHO WE SHARE YOUR PERSONAL DATA WITH
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.

• External Third Parties Service:
• Providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

• 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 (EEA).

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 so.

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

in some circumstances, you can ask us to delete your data; see Your legal rights below for further information.

In some circumstances, we may 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.

 9. YOUR LEGAL RIGHTS

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data

• The right to request a copy of the personal data which we hold about you;

• The right to request that we correct any personal data if it is found to be inaccurate or out of date;

• The right to request your personal data is erased where it is no longer necessary to retain such data;

• The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;

• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);

• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;

• The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in the performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please email admin@bmech.co.uk or contact us on 01925 551516.

No fee required – with some exceptions
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 admin 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 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 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.

10. Changes to this notice and your duty to inform us of changes
This version was last introduced on 25.05.18 and there are no historic versions available.

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

11. Queries, requests or concerns
To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance please email admin@bmech.co.uk or contact us on 01925 551516.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.

 
LAST UPDATED: 25 May 2018 © Bmech Services Ltd.

1.
Definitions:

1.1
“Bmech Services” means Bmech Services Limited and where the context admits includes any servant or agent of Bmech Services.

1.2
“Quotations” mean the quotation provided by Bmech Services to the Client, detailing inter alia the Works and the price payable.

1.3
“Variation” means the alteration or modification of the design, scope or quality of the Works as described in the Quotation.

1.4
“Works” means the alteration or modification of the design, scope or quality of the Works as described in the Quotation.

1.5
“Client” means the person or organisation to whom the Quotation is addressed.

1.6  ‍ ‍ ‍ ‍ ‍
“Agreement” means the contractual rights and obligations of Bmech Services and the Client as set out in the Quotations, the Order and these Terms and Conditions.

1.7
“Due Date” means the date on which payment of an invoice is due.

1.8
“Order” means the Order placed by the Client in response to the Quotation but not, for the avoidance of doubt, any term or condition stated therein that is inconsistent with Bmech Services’ Terms and Conditions.

2.
These Terms and Conditions shall:

2.1
Apply to be and incorporated into the final agreement (“the Agreement”) entered into between Bmech Services and the Client; and

2.2
Prevail over any inconsistent terms or conditions contained or referred to in the Order, confirmation of Order, acceptance of a Quotation, or implied by law, trade custom practise or course of dealing.

3.
The Quotation will remain open for acceptance for thirty (30) days. Thereafter Bmech Services reserve the right to adjust the Quotation,
inter alia, to reflect any adverse fluctuation in the cost of materials.

4.
The Quotation is net of all discount.

5.
The Quotation, rates, etc. are exclusive of VAT.

6.
The Quotation is based upon the design being in accordance with the principles laid down in the BSRIA/CIBSE guide to Current Practices (the edition current at the time of Quotation).

7.
Programme dates will be confirmed following the receipt of full and final written order to proceed with the Works.

8.
Bmech Services does not accept responsibility for delays caused by manufacturers, suppliers, industrial disputes, breakdowns of any relevant plant, or any other matter outside of Bmech Services control.

9.
The Client shall allow Bmech Services an extension of time to the programme dates in the event delays as a result of Clauses.

10.
Bmech Services does not accept liability for loss or damage of any kind (other than in respect of death or personal injury) whether caused by its negligence or otherwise and the Client sh
ould insure itself accordingly.

10.1
Without prejudice to Clause 10. above, Bmech Services shall not be liable to the Client for any indirect or consequential loss including any actual or anticipated loss of profit or income.

11.
Terms of payment shall be as follows:

11.1
Final payment for each invoice shall be (30) days from the date of Invoice.

11.2
Invoices shall be subject to VAT at the prevailing rate.

12.1
In the event of failure to make a payment of any invoice in full before the final date for payment Bmech Services give notice to the client of its intention to suspend performance, and if such failure continues for a further seven (7) days after giving such notice Bmech services may immediately suspend its performance of its obligations under the Agreement unless and until such payment is made.

12.2
In the event that such payment is made Bmech Services shall commence the works provided that it shall be allowed a reasonable lead-in period to mobilise staff and/or purchase materials necessary to facilitate the continuance of the Works.

13.
Bmech Services reserves the right to charge interest at eight percent (8%) over current bank base rate on overdue accounts.

14.
Bmech Services does not accept responsibility for infringement of manufacturer’s warranties whilst properly undertaking the Works in accordance with Client’s instructions.

15.
Whilst every care is taken in the preparation and execution of the Works, Bmech services does not accept responsibility for any costs, howsoever incurred, as a result of superseded, incorrect or outdated information provided by the Client.

16.
Variations and instruction will only be accepted if issued in writing before the Works commence and accepted in writing by the Client or Bmech Services respectively.

17.
The Following, whilst not an exhaustive list, shall be considered as Variations to the Works:

17.1  ‍ ‍ ‍ ‍ ‍
Lost time due to system not being ready on date advised or agreed programme date;

17.2 
Lost time due to faulty equipment;

17.3
Changes to programme of Works; and

17.4
Written instruction from the Client.

18.
Variations shall be charged on a day work basis unless a price is agreed in advance of carrying out the said Variations.

19. 
Failure of the plant to conform to design duty will not constitute re-balancing within scope of works.

20.
Bmech Services reserves the right to sub-contract the fulfilment of
any order (including installation) or any part thereof.

21.
If Bmech Services, without reasonable cause, suspends the Works or fails to proceed diligently, and such suspension or failure continues for ten (10) days following written notice, of same, then the Client may terminate the Agreement forthwith by further notice.

22.
If Bmech Services is prevented from proceeding with the Works due to reasons beyond Bmech Services control for a period in excess of 14 days or Bmech Services suspends the Works pursuant to clause 12.1 for a period in excess of 14 days then Bmech may terminate the Agreement forthwith by further notice.

23.
If the client suffers
an insolvency event Bmech Services may terminate this Agreement forthwith by notice.

24.
In the event that a bona fide dispute arises regarding the Client’s failure to make payment within the agreed time, i.e. thirty (30) days from the date of invoice, Bmech Services reserves the right to withhold the witnessing sheets, certificates and analysis results until such time as the dispute is resolved.

25.
The Client may not sign or transfer any of the benefits or liabilities of the Agreement without the consent of Bmech Services.

26.
In the event of conflict between this and any other conditions then Bmech Services Terms and Conditions shall take precedence.

27.
In the event that the Client cancels any orders after instruction to commence with works, Bmech Services will charge a cost of 15% of the order value in addition to any charges Bmech Services incur for materials.

28.
Any requirement under the terms of this Agreement for notice to be given shall be satisfied if such notice is delivered in writing by recorded or registered delivery to the address of the relevant party as described in the Agreement.

29.
The Agreement shall be construed and operate as an English contract and in conformity with English law.

 

LAST UPDATED: March 2016 © Bmech Services Ltd. 2017 - Company Registration No: 4506167 | VAT Registration No: 582 0001 84                                       

 

The viewer of this Website is hereby authorised to copy documents published by Bmech Services on the Web for non-commercial use within the viewer’s organisation only. In consideration of this authorisation, the viewer agrees that any copy of these documents which may be made shall retain all copyright and other proprietary notices contained herein.

This Website and the information, names, images, pictures, logos and icons regarding or relating to Bmech Services and its affiliates, products and services is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

In no event shall Bmech or its affiliates, contractors or respective employees, be liable for any damages, including without limitation, special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action at law, arising out of or in connection with the use or performance of this Website.

This Website may include material with technical inaccuracies or typographical errors which may be corrected as they are discovered at Bmech sole discretion. Changes are made periodically to the information contained herein. Corrections and changes may be incorporated into this Website at a late date. Bmech may at any time make modifications, improvements and/or changes to the information, names, images, pictures, logos and icons contained in this publication or the products and services referred to within, with or without notice. Since the Internet is maintained independently at thousands of sites around the world, the information, names, images, pictures, logos and icons that may be accessed may originate outside any particular national boundary. Bmech, therefore, excludes any obligation or responsibility regarding any content derived, obtained, accessed within, through or outside the original Website.

The names, images, logos and pictures identifying particular products and services are in many countries proprietary marks: nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent or trademark of Bmech or any third party. Except as expressly provided in writing, nothing contained herein shall be construed as conferring any license or right under Bmech copyright or other intellectual property rights.

Bmech respects the privacy of its customers and website users and does not divulge information gleaned from the site to third parties. Should any viewer of a document published on this Website respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Bmech document, such information shall be deemed to be non-confidential and Bmech shall have no specific obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others including government departments and agencies without limitation.

All third party trademarks, service marks, logos and patents are acknowledged.

Bmech has a policy of continuous product improvement and therefore reserves the right to make changes to specifications without notice. Products delivered may thus differ in detail from those described. While Bmech believes that information contained within this Website is true and accurate, Bmech Services cannot be held responsible for any errors or omissions contained herein. No commitment to supply equipment is entered into by documents contained in this site. Because of the nature of the application of the instruments described, is the responsibility of the customer to determine the suitability of the products and services for the purpose intended.

This site Copyright© Bmech Services Ltd., 2017

Our website uses cookies, as almost all websites do, to help provide you with the best experience we can. Cookies are small text files that are placed on your computer or mobile phone when you browse websites.

How do cookies benefit you?

Our cookies help us:

• Make our website work as you'd expect
• Save you having to log-in every time you visit the site
• Remember your settings during and between visits
• Improve the speed/security of the site
• Continuously improve our website for you
• Make our marketing more efficient

We do not use cookies to:

• Collect any personally identifiable information (without your express permission)
• Collect any sensitive information (without your express permission)
• Pass data to advertising networks
• Pass personally identifiable data to third parties
• Pay sales commissions
• Granting us permission to use cookies

If the settings on your software that you are using to view this website (your browser) are adjusted to accept cookies we take this, and your continued use of our website, to mean that you are fine with this. Should you wish to remove or not use cookies from our site you can learn how to do this below, however doing so will likely mean that our site will not work as you would expect.

We use cookies to make our website work including:

• Determining if you are logged in or not
• Remembering your search settings
• Allowing you to add comments to our site (Ask the Network, Ask an Expert)
• There is no way to prevent these cookies being set other than to not use our site
• Third party functions

Our site, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. Our site includes the following which uses cookies:

• YouTube - Privacy Policy powers the videos on our site
• Google - Privacy Policy

Disabling these cookies will likely break the functions offered by these third parties.

Anonymous visitor statistics cookies.
We use cookies to compile visitor statistics such as how many people have visited our website, what type of technology they are using (e.g. Mac or Windows which helps to identify when our site isn't working as it should for particular technologies), how long they spend on the site, what page they look at, etc. This helps us to continuously improve our website. These so-called “analytics” programs also tell us if, on an anonymous basis, how people reached this site (e.g. from a search engine) and whether they have been here before helping us to put more money into developing our services for you instead of marketing spend.

We use Google Analytics.

Turning cookies off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies. Doing so, however, will likely limit the functionality of our's and a large proportion of the world's websites as cookies are a standard part of most modern websites.

It may be that you concerns around cookies relate to so-called "spyware". Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with antispyware software.

To learn more about how to reject cookies, visit www.allaboutcookies.org or go to the help menu within your internet browser. If you experience any problems having deleted cookies, you should contact the supplier of your web browser.

Opting out of Analytical Performance Cookies.
If you would like to opt-out of Analytics cookies, please do so by clicking on the links below:

Google Analytics: https://tools.google.com/dlpage/gaoptout

Opting-out of Behavioural Advertising Cookies.
If you would like to disable “third party” cookies generated by advertisers or providers of targeted advertising services, you can turn them off by going to the third party’s website and getting them to generate a one-time “no thanks” cookie that will stop any further cookies being written to your machine. Here are links to the main third party advertising platforms we use, each of which have
instructions on how to do this:

http://www.google.com/privacy_ads.html

http://www.audiencescience.com/consumers

http://www.admeld.com/privacy/

You can find out how to decline other online behavioural advertising by visiting:

http://www.networkadvertising.org/managing/opt_out.asp 

 

LAST UPDATED: March 2016 © Bmech Services Ltd. 2017

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