Privacy Policy

Effective Date: January 26, 2021

1. INTRODUCTION

Graham Packaging Company, L.P. (“Graham Packaging,” “we,” “us,” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our website https://www.grahampackaging.com/ (the “Website”) and information that we obtain offline from our customers.

By using our Website you acknowledge that your personal information will be handled as described in this Policy. Your use of our Website, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Graham Packaging Terms of Use are incorporated by reference into this Policy.

2. THE INFORMATION WE COLLECT ABOUT YOU

We collect information about you directly from you and from third parties, as well as automatically through your use of our Website.

Information We Collect Directly From Website Visitors. The information we collect from you depends on how you use our Website. If you request a quote or otherwise contact us through the Website, we collect your name, business contact information, such as your business address, email address and phone number, and the reason you are contacting us.

Information We Collect From Our Customers. We collect information from our customers when we provide our products and services. We collect names and business contact information, such as business phone numbers and email addresses from our customers’ employees and agents.

Information We Collect Automatically. We may automatically collect the following information about your use of our Website through cookies and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Website and/or use our Services; and the referring URL, or the webpage that led you to our Website. We may combine this information with other information that we have collected about you, including, where applicable, your name and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

3. HOW WE USE YOUR INFORMATION

We use your information, including your personal information, for the following purposes:

  • To provide our services to you, to provide the requested product quotations, to communicate with you about your use of our products and services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  • To fulfill and administer our customer contracts.
  • To better understand how users access and use our Website, both on an aggregated and individualized basis, in order to improve our Website and respond to user desires and preferences, and for other research and analytical purposes.
  • To comply with legal and regulatory obligations, as part of our general business operations, and for other business administration purposes.
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.

4. HOW WE SHARE YOUR INFORMATION

We may share your information, including personal information, as follows:

  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
  • Service Providers. We disclose the information we collect from you to service providers we use to help deliver our products and services to you, including but not limited to Godfrey, who hosts our website and performs functions on our behalf.

We also disclose your information, including personal information, in the following circumstances:

  • Business Transfers. If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which Graham Packaging is involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

5. OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS?

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Website. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website, while others are used to enable a faster log-in process or to allow us to track your activities at our Website. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Website. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Website.
  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising on third-party sites.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third-Party Analytics. We use automated devices and applications, such as Google Analytics, Microsoft Dynamics, and HotJar to evaluate usage of our Website. We also may use other analytic means to evaluate our Website. We use these tools to help us improve our Website’s performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt out of targeted advertising by following the instructions in the Third-Party Ad Network section.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. If you are in the EU, you may opt out of certain third-party cookies that we and other websites may use for targeted advertising through the European Interactive Digital Advertising Alliance (EDAA) Your Online Choices Page or www.aboutads.info.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Third-Party Links

Our Website may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

6. WHAT CHOICES DO I HAVE REGARDING PROMOTIONAL EMAILS?

Where we have necessary permissions, we may send periodic promotional emails to you. You may opt out of promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt out requests. If you opt out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.

7. CHILDREN UNDER 13

Our Website and services are not designed for children aged 13 or under. If we discover that a child aged 13 or under has provided us with personal information, we will delete such information from our systems.

8. ADDITIONAL INFORMATION FOR EUROPEAN UNION RESIDENTS

The information that we collect through the Website and from our customers in administering our customer relationships is controlled by Graham Packaging Company, L.P. which is headquartered in the United States at 700 Indian Springs Drive, Suite 100, Lancaster, PA 17601. Depending on our customer’s location, information may be shared with our local Graham affiliate entity.

The Legal Bases For Using Your Personal Information. We collect your personal information as a data controller when we have a legal basis to do so. The following legal bases pertain to our collection of personal information:

  • Our use of your personal information is in our legitimate interest as a commercial organization (for example, in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your Legal Rights; and
  • Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).
  • In very limited circumstances, we may seek consent of EU persons, including, for marketing purposes. In such circumstances, our use of your data is based on your consent.

If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.

We retain your personal information for as long as necessary to provide our services to you, to fulfill the purposes described in this Policy and/or our business purposes, or as required by law, regulation, or internal policy.

Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, when Graham Packaging acts as a data controller, European Union individuals have certain rights in relation to your personal information:

Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and:(a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.

You also have the right to request that we correct any inaccuracies in your information.

You also have the right to request that we delete your information. We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data.

We can continue to use your personal information following a request for restriction, where:

  • we have your consent; or
  • to establish, exercise or defend legal claims; or
  • to protect the rights of another natural or legal person.

Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Economic Area (EEA).

Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send a request to GPCPrivacyNotices@grahampackaging.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.

We may ask you for additional information to confirm your identity and for security purposes before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

We may not always be able to fully address your request, for example, if it would affect the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Cross-border Transfer of Information. Graham Packaging generally maintains servers and systems in the United States hosted by third-party service providers. Our European Union offices and facilities may transfer personal information to us in the United States, and we also may subcontract the processing of your information to, or otherwise share your information with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with the Website or in providing our products and services is transferred to and processed in the United States or anywhere else outside the EEA for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.

9. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

The information that we collect through the Website and from our customers in administering our customer relationships is controlled by Graham Packaging Company, L.P., which is headquartered in the United States at 700 Indian Springs Drive, Suite 100, Lancaster, PA 17601. Depending on our customer’s location, information may be shared with our local Graham affiliate entity.

Personal information we collect about California Consumers.

The Legal Bases For Using Your Personal Information. We collect your personal information when we have a legal basis to do so. The following legal bases pertain to our collection of personal information:

  • Our use of your personal information is in our legitimate interest as a commercial organization (for example, in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your Legal Rights; and
  • Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).
  • In very limited circumstances, we may seek consent of EU persons, including, for marketing purposes. In such circumstances, our use of your data is based on your consent.

If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.

We retain your personal information for as long as necessary to provide our services to you, to fulfill the purposes described in this Policy and/or our business purposes, or as required by law, regulation, or internal policy.

Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the activity we are undertaking, California consumers have certain rights in relation to your personal information under the California Consumer Privacy Act of 2018 (“CCPA”):

Disclosure of Personal Information We Collect About You: You have the right to know: (a) the categories of personal information we have collected about you; (b) the categories of sources from which the personal information is collected; (c) our business or commercial purpose for collecting or selling personal information; (d) the categories of third parties with whom we share personal information, if any; and (e) the specific pieces of personal information we have collected about you.

Please note we are not required to: (x) retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; (y) re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or (z) provide the personal information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose: In connection with any personal information we may sell or disclose to a third-party for a business purpose, you have the right to know: (a) the categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and (b) the categories of personal information that we disclosed about you for a business purpose.

Right to Deletion: Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: (a) delete your personal information from our records; and (b) direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to: (a) complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; (b) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (c) debug to identify and repair errors that impair existing intended functionality; (d) exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law; (e) comply with the California Electronic Communications Privacy Act; (f) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; (g) enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; (h) comply with an existing legal obligation; or (i) otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination: You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: (a) deny goods or services to you; (b) charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (c) provide a different level or quality of goods or services to you; or (d) suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.

10. CONTACT US

If you have questions about the privacy aspects of our Services, would like to make a complaint or would like to exercise your rights as described in this Privacy Policy, please contact us at GPCPrivacyNotices@grahampackaging.com. We can also be reached by mail at 700 Indian Springs Drive, Suite 100, Lancaster, Pennsylvania 17601 USA.

If you choose to contact us, you will need to provide us with: (a) enough information to identify you; (b) proof of your identity and address; and (c) a description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

11. CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website.