Safe

Privacy Policy

Introduction

Welcome to the Zemp Business Services AG privacy policy.

Zemp Business Services AG complies with the latest GDPR and DPA 2018 regulations and respects your privacy. We are committed to protecting your data and not to use it in any unlawful manner. The purpose of this privacy policy is to provide detailed information to the users as to how we collect your data, how we look after your data when you visit our website (regardless of where you visit it from). And information about your privacy rights and how the law protects you.

You may wish to download the pdf version of the policy here: [LINK].  and keep it for your records.

  • Important information and who we are

Purpose of this privacy policy

This privacy policy aims to provide you information on how Zemp Business Services AG collects, processes, and uses your personal data through your use of this website, irrespectively of the current user’s location. The data you provide to us includes any data provided when you purchased the service, signed up to our email alerts, competitions, surveys, promotion, activity or event, apply for a job, request customer support, download content, communicate with us via third party social media sites, or otherwise communicate with us.

This website is not for user of children and we do not knowingly or intentionally collect or store any information relating to children under age of 18.

Zemp Business Services AG is a global company you must read this privacy policy together with any other policies. This privacy policy is a supplement to other policies, it is not intended to override them and should be read in line with others. We may provide you the fair processing policy on specific occasions. To inform you of when we are collecting or processing personal data specifically about you so that you are aware of why and how we are using your data.

Controller

Zemp Business Services AG is the controller and responsible for your personal data (collectively referred to as “Zemp Business Services AG” or “we”, “us” or “our” in this privacy policy).

We have appointed a data protection manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise legal rights please contact the data protection manager using the details set out below. Please note we are unable to give a legal advice on any matter.

Contact details

For questions and concerns about this privacy policy, our privacy practices please contact us in the following ways:

Full name of legal entity: Zemp Business Services AG

Email address: privacy@zemp.io

Postal address:

Privacy Officer
Zemp Business Solutions AG
Fluhmattstrasse 7
6037 Root
Switzerland

You have the right to make a complaint at any time to the European Data protection supervisor (edps.europa.eu) However would appreciate it if you could contact us first instance with any concerns. We would aim to resolve the matter or provide you any information you may have.

Changes to the privacy policy and your duty to inform us of changes           

Our privacy policy is updated under regular review to reflect any changes to the recent law. This version was last updated on 01.07.2020. The historic versions of policies can be obtained by contacting us with the details provided under “contact us” section above.

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

Third-party links

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 policy of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • Profile Dataincludes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Dataincludes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. By law Aggregated Data could be derived from your personal data but is not considered personal data as it will not directly or indirectly reveal your identity. For example, we may use aggregate data to calculate the percentage of Usage or traffic of users who are accessing specific features of the website.

However, if we combine personal data with Aggregated Data so that it can directly or indirectly identify you, by law and this policy it is treated as personal data.

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

We will need to collect personal data by law and terms and conditions of a contact that we have with you. If you fail to provide data requested we may not 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 such case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when 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;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs, web beacons and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy [LINK] for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:

Technical Data from the following parties:

  • Analytics providers such as Google. Please refer to Google’s Policies and Principlesto find out more about the privacy policy of Google Analytics.
  • advertising networks such as Facebook, based inside and outside the EU; and
  • search information providers [such as [NAME] based inside and outside the EU; and
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as [NAME] based inside and outside the EU.
  1. 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:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.
  • Where we need to display historical sale information
  • Where we need to share information to sell our service.
  • Where we need to measure customising and improving the services and developing of new products
  • Where we need to send marketing promotions
  • Where we need to provide support
  • Where we need to Investigate and prevent fraudulent transactions, unauthorised access to Services, and other illegal activities.

Please see section 9 “Glossary” to find out lawful basis we rely on to process your information.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

Please see the table below where we have described some of the all the ways we plan to use your personal data, and which of the legal bases we rely on to do so and what our legitimate interests are.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

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

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)  

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

Zemp Business Solutions AG attempts to provide our users with choices particularly around marketing and advertising.

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. If you do not wish to receive marketing promotions from us please either follow unsubscribe link in the marketing emails or you could contact us at privacy@zemp.io

Promotional offers from us

For the marketing purposes and to decide which products, services and offers may be relevant to you we may use your Identity, Contact, Technical, Usage and Profile Data. This is to form a view on what we think you may want or need, or what may be of interest to you.

Please note you will receive marketing communications from us if you have requested information from us or purchased services from us.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing email sent to you or by contacting us at any time. Please see contact details under “contact us” section.  

Please note where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service purchase you will continue to receive transactional messages from us (e.g., account verification, purchase and billing confirmations and reminders, technical and security notices).

Cookies

When using our website you can set your browser to refuse to accept browser cookies. Please note that if you will disable cookies you may not be able to access this website or partially access some parts of it.  Please see our cookies policy here:  [LINK TO YOUR COOKIE POLICY]. You may wish to download it and keep it for your records.

Change of purpose

Zemp Business Solutions AG will only use users personal data for the purposes for which we collected it, unless we reasonably consider that the data needs to be used for another reason and it is compatible with the original purpose. We aim not to use personal data for unrelated purpose, however if there are any circumstances where we would need to us it we will notify you and explain the legal basis.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules set in this privacy policy, or where this is required or permitted by law.

  1. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

  • Internal Third Parties as set out in the section 10 “Glossary” in the part of “internal third parties”
  • External Third Parties as set out in the section 10 “Glossary” in the part of “external third parties”
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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.

  1. International transfers

 Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Providers or users based in Australia or New Zealand the data we share with third parties are not permitted to access or use your personal data, except for the limited purpose it was provided. This means that, for the purposes of Australian privacy legislation and Australian users, Zemp Business Services does not disclose personal data to third parties located overseas.

Providers or users based in US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

  1. Data security

To prevent from personal data being accidentally lost, used, transferred or accessed we have put appropriate security measures to prevent it. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business and lawful need to know. The data will be processed by them with our instructions and they are subject to duty of confidentiality.

If in any event we suspect that personal data was breached we will notify you and any applicable regulator we are legally required to do so.

  1. Data retention

How long will you use my personal data for?

By law we have to 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 will 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.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see section “your legal rights” for legal explanation

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us. You can find our contact details at “contact us” section above

No fee usually required

We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. To access your personal data or to exercise any of the other rights there is no fee chargeable.

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 could 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.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

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

THIRD PARTIES

Internal Third Parties

Other companies in the Zemp Business Solutions AG acting us subcontractors or joint controllers, processors or trusted partners and who are based in Switzerland.

External Third Parties

  • Service providers acting as processors based who provide IT and system administration services, hosting, website infrastructure.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • [DETAILS OF ANY OTHER THIRD PARTIES, FOR EXAMPLE, MARKET RESEARCHERS, FRAUD PREVENTION AGENCIES, PRICE COMPARISON SITES AND SO ON.]

These internal and external third parties are located in countries which may be outside of your location.

 

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.