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Terms

1. DTS Scheme Terms & Conditions
2. Privacy Policy

Valpak Retail WEEE Services Limited (“Valpak”, “we”, “us”, “our”) is committed to protecting the privacy of your business and its employees.

This policy (together with our Website Terms of Use, Cookie Policy and any other documents we refer to in this policy) sets out the basis on which we collect, store and use personal data about you when you browse dts.valpak.co.uk and associated sub domains which make up the various components of the Members' Area (“Platform”) or that you provide to us. It provides you with details about the types of personal data we collect from you, how we use your personal data, with whom it will be shared and the rights you have to control our use of your personal data.

Valpak Retail WEEE Services Limited of Unit 4 Stratford Business Park, Banbury Road, Stratford-Upon-Avon, Warwickshire, CV37 7GW is the data controller in relation to the processing activities described below. This means we decide why and how your personal information is processed. This Policy does not cover the practices of companies we don’t own or control or people we don’t manage. For clarity, this policy applies when we act as a controller.

Note that we may also process personal data of our members’ employees and other individuals in connection with our provision of services to members, in which case we are the processor. If we are the processor or service provider for your personal data, please contact the controller in the first instance for details of the relevant privacy policy and to address your rights with respect to such data.

Please read the following policy carefully to understand our views and practices regarding your personal data and how we will treat it. If you have any questions or need further information about our privacy practices, please email [email protected].

2.1 The Personal Data We Collect From You

  • In respect of the personal data of users of the Platform, and the business contacts of members, Valpak is the controller;
  • In respect of the personal data required for membership of the UK's WEEE Distributor Take back Scheme (DTS) which may be entered into the Platform, Valpak shall process personal information as a processor on behalf of its members, who use our services to assist with their DTS membership processes. Where you apply for membership of DTS, our member’s privacy policy, rather than this Privacy Policy, will apply to our processing of your personal information.
We will collect and process the following data about you (“your information”):
  • Information about you that you give us by filling in forms on the Platform or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you use the Platform, register to use our site, enquire about our service, manage your account online, or report a problem with the Platform. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, enquiry details, and records of any correspondence and responses. We do not collect visitor information, except for the essential information as detailed within our Cookie Policy.
  • We may also automatically collect technical information, including anonymous data collected by the hosting server for technical support and information security purposes, the Internet protocol (IP) address used to connect your computer or device to the Internet, browser type and version.
Personal information we may receive from other sources:
  • We obtain certain personal information about you from sources outside of our business which may include trade associations or other third party companies such as credit/debit card payment companies. The personal information we receive from third party sources is your contact name, job title, company information, email address, phone number, payment information and registered address of company as contact address.

2.2 Cookies

For information about the cookies we use and the purposes for which we use them see our Cookie Policy.

2.3 How we may Use and Store your Information

We use your information in various ways explained below:

Your Information Processing Activity Grounds for Processing
Information you give to us on your own behalf To carry out our obligations arising from any contracts entered into between you and us (including processing of any payments) and to provide you with the information, services that you request from us. Such processing is necessary for the performance of a contract to which you are a party.
Information we collect about you. To administer the Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. Such processing is in the legitimate interests pursued by us to ensure we are able to provide our services in the most efficient and effective manner possible.
To improve the Platform to ensure that content is presented in the most effective manner for you and for your computer. Such processing is in the legitimate interests pursued by us to ensure we are able to provide our services in the most efficient and effective manner possible.
As part of our efforts to keep our site safe and secure. Such processing is in the legitimate interests pursued by us to ensure we are able to provide our services in the most efficient and effective manner possible.
Information you give to us where you are using our Platform or services on behalf of our member. To carry out our obligations arising from any contracts entered into between our member (on whose behalf you are using the services) and us. We rely on legitimate interests in performing our contract with our member as the lawful basis on which we collect and use your personal data for our member. Please refer to our member’s privacy policy for its grounds for processing.
We will make your information available to appropriate regulators as required to provide the services to our member pursuant to any contract. We rely on legitimate interests in performing our contract with our member as the lawful basis on which we collect and use your personal data for our member. Please refer to our member’s privacy policy for its grounds for processing.
In all cases. We will use your information and or make your information available (i) to assist appropriate regulators, public authorities or criminal investigation bodies; (ii) to identify you when you contact us; and (iii) to verify the accuracy of data we hold about you and our member. We will use your personal information to comply with our legal obligations.
To notify you by email about changes to our service. Such processing is necessary for the purposes of the legitimate interests pursued by us.
Data anonymisation and use of aggregated information

Your information may be converted into statistical or aggregated data in such a way as to ensure that you are not identified or identifiable from it. Aggregated data cannot be linked back to you as a natural person. We may use this data for analytical and research purposes.

2.4 Disclosure of your information

We may share your information:

  • with any appropriate regulator, agency or government authority for the performance of the contract we enter into with you or our member;
  • when you purchase any products or services online, as your credit/debit card payment is processed by a third party credit or debit card payment processor, who specialises in the secure online capture and processing of credit/debit card transactions. If you have any questions regarding secure transactions, please contact us using the details at the end of this policy;
  • if we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply our Website Terms of Use to detect or report a crime, or to protect the rights, property or safety of our visitors and members. We will always take steps with the aim of ensuring that your privacy rights continue to be protected; and
  • with a third party as part of any sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation.

2.5 Where we store your information

All information you provide to us is stored in alignment with our ISO27001 policies and procedures. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

2.6 How long we hold your information

The length of time we retain your information is determined by a number of factors including the purpose for which we use that information and our obligations under other laws.

We do not retain your information in an identifiable format for longer than is necessary for the purposes described above at “How we may use and store your information”.

We do not always apply a fixed retention period to the information we hold. Where it is not possible to provide details of a fixed retention period, we have instead provided details of the criteria we use to determine the period that applies.

2.7 Your rights

You can access and rectify certain parts of your information by logging into your account.

Under data protection law, you have the right to:

  • see the personal information that we hold about you, whether collected through your use of the Platform or through any communications that you have had with us;
  • access your information;
  • withdraw your consent to our processing of your information, where that processing is performed on the basis of your consent;
  • rectify your information (including without limitation the erasure of certain of your information);
  • obtain and reuse your information for your own purposes across different services; and
  • ask us not to process your information (or pass your information to other companies or organisations) where we rely on your legitimate business interests as the legal basis for processing your personal information for any purpose(s). You may object to us using your personal information for these purposes by emailing or writing to us at the address at the end of this policy. Except for the purposes for which we are sure we can continue to process your personal information, we will temporarily stop processing your personal information in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection laws, we will permanently stop using your data for those purposes. Otherwise we will provide you with our justification as to why we need to continue using your data.

To erase your personal information or restrict its processing, email or write to us at the address at the end of this policy. Unless there is a reason that the law allows us to use your personal information, we will make reasonable efforts to comply with your request.

To access and rectify your information in accordance with this policy, please send us a written request by emailing [email protected].

2.8 Changes to our Privacy Policy

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

This Privacy Policy was most recently updated on 13/02/2020. Please check back frequently to see any updates or changes to our privacy policy.

2.9 How to contact us

Questions, comments or requests concerning this privacy policy are welcomed, and can be emailed to [email protected].

The Platform is owned by Valpak Retail WEEE Services Limited a company incorporated in England and Wales. The registered office address is:

Unit 4 Stratford Business Park
Banbury Road, Stratford-Upon-Avon
Warwickshire, CV37 7GW

and our registered company number is 05129454.

4. Website Terms of Use

This page provides information about who we are and the legal terms of use (“Terms”) that may apply to your use of our website dts.valpak.co.uk and any sub-sites/pages operated by Valpak Retail WEEE Services Limited and all of the associated services provided by Valpak Retail WEEE Services Limited (‘Platform’).

The terms of use also apply if the Platform is accessed from outside the United Kingdom or access to the Platform is fully or partially enabled from other websites or from software applications for mobile end-devices (smartphone apps).

4.1 Who are we and how to contact us?

The Platform is owned and operated by Valpak Retail WEEE Services Limited (“Valpak”, “we”, “us”, “our”). We are registered in England and Wales under company number 05129454 and have our registered office at:

Unit 4 Stratford Business Park
Banbury Road, Stratford-Upon-Avon
Warwickshire, CV37 7GW

Our VAT number is GB 873 8917 67.

If you want to ask us anything (whether about our products and services, the Platform, any of our terms and conditions or otherwise), then please contact us.

4.2 By using the Platform you accept these terms

By using the Platform, you confirm that you accept these terms of use (the “Terms”) and that you agree to comply with them.

If you do not agree to these Terms, you must not use the Platform.

4.3 There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of the Platform:

  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you agree you have received access to our privacy policy and you warrant that all data provided by you is accurate.
  • Our Cookie Policy which sets out information about the cookies on our Platform.
  • Our Service Terms and Conditions which apply to your membership of the DTS Scheme (as defined below).

4.4 We may make changes to these Terms and the Platform

We reserve the right to make changes to the Platform and these Terms at any time without notice and as such it is your responsibility to (and we recommend that you) revisit this page regularly to keep informed of the current Terms that apply to your use of the Platform at that time. By continuing to access, browse and use the Platform, you will be deemed to have agreed to any changes or updates to our Terms.

These Terms were most recently updated on 13/02/2020 when these terms were first placed on the Platform. Please check back frequently to see any updates or changes to these terms.

4.5 We may suspend or withdraw the Platform

Our public facing website dts.valpak.co.uk is made available free of charge.

Whilst we have taken every reasonable precaution and care in compiling the Platform, we do not guarantee the accuracy or content of the Platform and you should not rely on the Platform or its content.

We also do not guarantee that use of the Platform will be uninterrupted or error free.

We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4.6 Account Access

Where you have registered as a member of the Distributor Take-back Scheme (“DTS Scheme”) we will provide you with a user identification code (Registration ID) and password to enable you to access the Members' Area of the Platform (“Members Area”), which will enable you to see details of your DTS Scheme membership.

4.7 You must keep your account details safe

Where you are provided with a user identification code and password, or any other piece of information as part of our security procedures, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. You must not disclose it to any third party.

If you become aware of any misuse or unauthorised use of your username and password, then you must inform us immediately by sending us an email.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your access to the Platform and/or any content made available.

We shall not be liable (to the extent we are allowed to exclude such liability by applicable laws) to any person for any loss or damage which may arise as a result of any failure by you to protect your password, account or order related emails.

4.8 How you may use material on the Platform

Unless stated otherwise in these Terms, we are the owner or the licensee of all intellectual property rights on the Platform as uploaded by us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All trademarks, brand names and company names or logos contained on the Platform as uploaded by us are our property or the property of their respective owners and you must not use or copy these without our express prior written consent.

Your use of the Platform and the materials contained on it and any materials you upload onto the Platform are done so entirely at your own risk. We do not accept any liability (including but not limited to liability for negligence) for loss of damage that you may suffer as a result of your use of the Platform (including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise), or as a result of inaccuracies in website content.

You may use, download, store and print off copies of the promotional material provided by Valpak in the Members' Area to use for your internal business purposes as part of your DTS Scheme membership. You must clearly designate such material as Valpak proprietary documents.

You may also use, download, store and print portions of the Platform content solely as uploaded by Valpak. Such permission is restricted solely to the content as created by Valpak and clearly designated as Valpak proprietary documents (whether by text confirmation or copyright symbol display) and for personal use and research or for that of your firm or company’s own internal business purposes. Any other use of materials on the Platform (including reproduction for purposes other than those set out in these terms and modification, distribution or re-publication) is strictly prohibited.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You may not republish, retransmit, redistribute or otherwise make such information or pages available to any other party or available on any website, on-line service or bulletin board of your own or of any other third party or make the same available in hard copy or on any other media without our express prior written consent.

You must not use any part of the content of the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.9 Do not rely on information on the Platform

The information contained within the public facing website dts.valpak.co.uk has been provided as a general aid to businesses to assist you in complying with your obligations. The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.

You should be aware that legislation and regulations in this area are complex and, as such, it is not possible to address all issues, matters and variations that affect all businesses and all sectors.

The Platform does not seek to answer all queries which might arise in a business nor does it specify all possible practices that might be instigated. It is not a substitute for each business carrying out a thorough review of its obligations and policing ongoing compliance with legislation. As such we cannot accept any liability (to the extent liability can be excluded by law) for your use of (nor reliance on) the information on the Platform.

We reserve the right to correct or delete (as appropriate) any typographical, clerical or other error or omission in any page posted on the Platform without any liability on our part (to the extent we are permitted to exclude such liability by law).

Although we make reasonable efforts to update the information on the Platform, we make no representation, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

4.10 Accuracy of content

The Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by us.

To the extent permitted by applicable law, we disclaim all representations and warranties, express or implied, that content or information displayed in or on the Platform is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Content can and will be changed in order to make the information as accurate as possible over time.

If you wish to complain about information and materials uploaded by other users please email us.

4.11 Rules about linking to the Platform

You may link to our home page, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

No authority is given (implied or expressly) by us to deep link to or to frame any of the content that appears on the Platform. We reserve the right to prohibit links to the Platform.

4.12 We are not responsible for websites we link to

The Platform contains links to websites provided by third parties. Each of these third party products and services can be accessed online through the relevant third party's "microsite".

A microsite is a website that is owned and operated by us or a third party, and can be accessed from links on the Platform.

Please note that, each microsite is governed by its own terms and conditions and privacy policy.

These links are provided for you information only and we do not endorse or approve of and have no responsibility for the content of any website to which the Platform links.

4.13 Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to any liability arising as a result of your membership of the DTS Scheme, which will be set out in the relevant DTS Scheme Terms and Conditions.

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Platform; or
  • use of or reliance on any content displayed on the Platform

In particular, we will not be liable for:

  • loss of profits, sales, business or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage

4.14 We are not responsible for viruses and you must not introduce them

We do not guarantee that the Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

4.15 Uploading content to the Platform and Use of the Members Area

You shall not upload any content to the Platform.

You shall use the Members' Area and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with the Terms.

You shall not:

  • continue to use the Members' Area if your access to the Members' Area has been suspended or your membership of the DTS Scheme terminated; or
  • allow any other person to use your log in details or account for the Members' Area.

4.16 Governing Law

These terms are governed by and construed in accordance with the laws of England and both you and we submit to the exclusive jurisdiction of the English Courts.

4.17 Third Party Rights

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

4.18 Entire Agreement

These Terms set out the entire agreement between you and us relating to use of the Platform and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

For the avoidance of doubt, the terms of membership of the DTS Scheme will still apply to your membership of the DTS Scheme.

4.19 Contact Us

All communications and queries regarding the Platform should be directed to [email protected]

The current version of these Website Terms of Use is v.1. These Terms were most recently updated on 13/02/2020. Please check back frequently to see any updates or changes to these Terms.