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Privacy notices

Privacy notice - the BOC Pension Scheme (the Scheme)

Data Protection

With the following data privacy notice, we would like to inform you about the processing of your personal data by Linde GmbH, Dr.-Carl-von-Linde-Strasse 6-14, 82049 Pullach, Germany.

From time to time, it may be necessary to adapt this privacy policy as whole as well as specific parts of it to comply with the up to date legal requirements or to cover the introduction of new services. The most recent version of our data privacy notice can be found at: https://www.linde.com/privacy-statement.

I. General Information regarding Data Protection at Linde

1. Controller and Data Protection Officer

The controller responsible for the processing of your personal data in the sense of data protection law is Linde GmbH. Linde GmbH is a subsidiary of Linde plc (in this document, Linde plc and its affiliated companies are referred to as “Linde”), a leading global industrial gases and engineering company.

The contact details of the EU Group Data Protection Officer (“EU GDPO”) of Linde GmbH are:

Linde GmbH
EU Group 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 GmbH, all data subjects have the following rights pursuant to Articles 15 to 21 GDPR - within the statutory limits of the member states:

  • Right to information
  • Right to correction
  • Right of deletion
  • Right to limitation of processing
  • Right to data transferability
  • Right of objection

Furthermore, you have the right to revoke your consent to the processing of your personal data at any time with effect for the future. Such revocation has no effect for the past, i.e. it does not affect the legitimacy of the data processing carried out up to the revocation. If you are of the opinion that the processing of personal data by Linde GmbH 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).

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 GmbH has taken and will take appropriate measures to ensure an adequate level of data protection at the recipient at all times. These include in particular adequacy decisions by the EU Commission or standard data protection clauses adopted by the EU Commission and are available via the EU Group Data Protection Officer.

4. Storage and Retention Periods

We process personal data only as long as it is necessary for the fulfillment of our contract obligations. As soon as the data concerned is no longer required for this, it is generally deleted. However, in order to comply with certain legal requirements, we must store some data beyond the termination of contractual relationships. This includes commercial and tax documentation, evidence and storage obligations. In these cases, we are generally required to safeguard or store data for three to ten years, or in rare instances, e.g. in legal disputes for up to 30 years.

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

Linde 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 GmbH

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

  • Master and contact data of customers and suppliers, such as name, address, telephone number, e-mail address, function, department of our contact persons, etc.
  • Data we need for invoicing and payment processing, such as bank details, tax number, credit management information, 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

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 Linde, e.g. contact data from suppliers within Linde’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 Linde, e.g. trade/business associations, credit agencies, insurance companies, etc.

2. Purpose for Processing by Linde GmbH 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.

2.1 We process Data to fulfill our Contractual Obligations

We process personal data to fulfill 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 GmbH or Linde 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.:

  • The supply of 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 Linde for internal administrative purposes

2.3 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.

2.4 We process Data to fulfill 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 GmbH to safeguard, store, report and collect data, which generally serve control purposes from the respective authorities.

2.5 Information regarding Change of Purpose

Should we process your personal data for any reason other than that for which we originally collected them, we will only do so to the extent permitted by law and will inform you of this new purpose.

3. Recipients of your Data

Personal data will only be made available to other companies of Linde 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 center in finance and accounting.

We cooperate with external service providers to fulfill 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 center 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 Linde if we are legally obliged or permitted 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 thereof 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 Linde or substantial parts thereof, your personal information will also be transferred to the buyer.

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 in general does not take place at Linde. In case of an exception, a separate data protection notice will be provided.

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

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

1. Type and Origin of Personal Data processed by Linde GmbH

When you visit one of the websites of Linde, we collect certain personal data from you. Personal data processed in this connection may include your name, address, phone number or email address. Personal data processed in connection with the operation of our websites is typically actively provided by you when you use our website, e.g. when you register for a certain service such as a newsletter. In some cases, however, personal data processed can also be provided by third parties who are not affiliated with Linde, such as internet service providers or marketing affiliates or software plug-ins mainly due to technical reasons. The following data (in particular log information and device data) is automatically processed by Linde GmbH:

  • The name of your Internet Service Provider (ISP)
  • Your IP address
  • Your browser type and your operating system (OS)
  • Date, duration and time of your visit
  • Visited websites
  • Extracted data & downloaded files
  • Your country
  • Your referrer URL
  • Your search term in case you were referred to our website by a search engine

2. Purpose for processing by Linde GmbH and Legal Basis

We process personal data only to the extent necessary in each case.

2.1 We process Data to fulfill our Contractual Obligations

We process personal data to fulfill 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 GmbH or Linde companies as well as our costumers (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 analyze pseudonymized user behavior to further improve our websites
  • Measures to provide website functionalities such as user account management, shopping carts

2.3 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

3. Recipients of your Data

3.1 Linde Companies and Service Providers

Linde GmbH shares personal information as outlined above (see Section II. 3).

3.2 Social Media Providers

On some websites, Linde GmbH integrates some additional content and publications (blogs, posts, news, videos, interviews etc.) which has already been published in other social media / social networks (e.g. Facebook, LinkedIn, Twitter). As long as you do not click on any such content, no personal information will be transmitted to the respective social media provider.

By clicking on Social Media Wall content, your IP address will be transferred to the respective social media provider and stored, processed and used there in accordance with his privacy policy. An information banner at the Social Media Wall informs you that by clicking on a specific content, you agree to such transfer of your personal information.

You can find further details regarding the processing of your personal information by the social media providers here:

Facebook privacy policy

LinkedIn privacy policy

Twitter privacy policy

4. Cookies

We use cookies. Further information regarding the nature and purpose of cookies employed by us are contained in our cookie policy.

5. Links

Our websites contain links to other websites, which are subject to separate data protection notices of the respective operators of such websites.

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 interests. This right also applies to profiling, insofar as it is based on these two provisions.

If you object, 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.

If you object to direct marketing purposes, 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: info@linde.com.

Pullach, May 2020

Privacy notice - BOC Retirement Savings Plan (RS Plan)

FEBRUARY 2022, IMPORTANT NOTICE – the below contains the Trustee’s updated privacy notice. This is an important notice and you should read it carefully.

Data privacy statement

Commitment to your privacy

The Trustee is the data controller in respect of the personal data it collects about you for the purposes of data protection legislation, that is the current Data Protection Act 2018 and the UK General Data Protection Regulation (“UK GDPR”).

The Trustee’s registered address is:

BOC Pension Services
Forge
43 Church Street West
Woking
Surrey
GU21 6HT

Information the Trustee may collect from you

The Trustee may collect and process personal data which you provide to it in connection with the Plan. This may include data about your age, date of birth, gender, and marital status. Also included may be your length of employment with any of the BOC companies, i.e. The BOC Group Limited, BOC Limited and/or Gist Limited (the “Companies”), details of your dependants and other persons in your household, and your contact details (e.g. residential address, email address and telephone number).

In addition, we may collect, hold and use personal data about you that are of a sensitive nature (“Sensitive Personal Data”) such as medical information about you.

Information the Trustee may collect about you from the Companies or third parties

The Trustee may collect personal data about you from any of the Companies or third parties. In relation to the Companies this may include information relating to your employment, your salary and your benefits, to the extent relevant to your pension and related arrangements. Even if you are no longer in employment with any of the Companies, the Trustee may still collect this type of information from them in relation to your previous employment, to the extent relevant to your pension and related arrangements. Periodically, the Trustee may collect personal data relating to you from third parties such as former employers or regulatory authorities.

Purposes for which and the basis upon which the Trustee will process your personal data

The Trustee will process your personal data and the personal data of other persons (e.g. your dependants) provided by you or by the Companies in connection with the administration of benefits of your pension and related benefit entitlements arising as a result of your employment with the Companies.

Generally, the Trustee will rely upon the “legitimate interests” ground as the legal basis for processing your personal data. This means that we will process personal data for the legitimate interests of the Trustee, or a third party to whom we may disclose personal data in accordance with this Statement, the legitimate interests being the administration of the Plan, provided always that the legitimate interests are not overridden by the interests or fundamental rights or freedoms of Plan members (or others) which may require protection of personal data.

Where the Trustee is required to process Sensitive Personal Data we will approach you (or the relevant individual) for specific consent to the processing of such data.

Retention of personal data

The Trustee will hold personal data of Plan members and their dependants for as long as may be necessary in order to administer benefit entitlements and for the purposes of maintaining records of steps the Trustee has taken to comply with its obligations under the Plan. Inevitably, this means that personal data may be retained by the Trustee for extremely long periods of time, including after entitlement to receive benefits by an individual and/or their beneficiaries has ceased. The end date for holding personal data in respect of a particular beneficiary is expected to be 20 years from the date on which benefits cease to be payable to both that beneficiary and their survivor(s).

Disclosure of personal data

BOC Pension Services (which is a part of The BOC Group Limited) is engaged by the Trustee to provide administration services for the Plan. The Trustee will also engage tracing agencies, a scheme actuary, lawyers and accountants and similar external advisors to assist it. The Trustee may disclose your personal data to these third parties in connection with services provided by them to the Trustee. At all times, the Trustee will ensure that your personal data is processed in accordance with instructions from the Trustee and in circumstances which require the third party to observe industry standard security measures in respect of your personal data.

The Trustee will also share your personal data with the Companies, their auditors and their other advisors, so that the Companies can comply with their legal obligations as sponsoring employers of the Plan. The Trustee relies on “legitimate interests” as the legal basis for sharing your personal data with the Companies.

The Trustee may also share your personal data with providers and trustees of other pension schemes to prepare for, and give effect to, any transfer of members and to facilitate the provision of benefits for transferring members under any such other pension scheme. The Trustee will rely upon “legitimate interests” as the legal basis for sharing such personal data with the other pension scheme providers and trustees.

The Trustee may also disclose your personal information to third parties in certain situations, for example if it is under a duty to disclose or share your personal data in order to comply with any legal obligation or to the Companies where the Trustee decides that this is in your interest.

International transfers of personal data

As required by data protection legislation, the Trustee has strict security procedures regarding the storage and disclosure of personal data. Your personal data will be stored on the Companies’ servers in Germany (which is considered to offer an adequate level of data protection in accordance with the UK GDPR). The Trustee may also transfer, store or otherwise process your personal data in other countries which have been deemed by the UK Government to offer adequate data protection. If the Trustee decides that your personal data needs to be transferred to a country outside the UK which does not offer adequate protection, the Trustee will ensure that appropriate technical and organisational measures are put in place (such as entering into the standard data protection clauses approved for this purpose) so that such processing meets the requirements of data protection legislation. You can request more information about these measures by contacting us using the details below.

Automated decision-making

The Trustee does not envisage that any decisions will be taken about you using automated means. In the event that this position changes, we will notify you in writing.

Your rights under the UK GDPR

You have rights under the UK GDPR, including:

  • the right to access your personal data;
  • the right to have your personal data rectified if it is inaccurate or incomplete;
  • the right to have your personal data deleted or removed if there is no reason for its continued storage and processing;
  • the right to object to your personal data being processed and to restrict the processing of your personal data in certain circumstances;
  • the right to request the transfer of your personal data to another party; and
  • where you have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent.
  • You may address your requests to:

    BOC Pension Services
    Forge
    43 Church Street West
    Woking
    Surrey
    GU21 6HT

    Changes to this Statement

    The Trustee reserves the right to change this Statement and any other relevant policies or procedures at any time without prior notice to you. Any changes the Trustee may make to this Statement (which will, unless otherwise indicated, apply to any personal data already obtained by the Trustee before the changes were made) will be effective from the date on which those changes are posted on the Plan website. You are advised to regularly check and review the Statement to ensure you understand how the Trustee may be processing your personal data.

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