Revision date: 23/01/2020
VERSION : 2020(1)
NEDSHIELD SWITZERLAND (we/us/our) is committed to protecting your personal data. We recognise that your personal data is your property and that you have loaned it to us for specific purposes.
Unless otherwise required by law, we will only process your personal data in the way we tell you (set out below or in our agreement with you) or in the way you ask us to, and we will return it back to you at any time.
1. Our Policy
1. This policy, together with any terms and conditions or other documents we provide to you at any time during our relationship with you, sets out how we will process your personal data.
2. This policy will apply to all our business dealings with you unless otherwise specifically agreed with you.
3. By visiting our website at www.nedshield.com (our Website), or by providing your personal data to us, you understand, accept and consent to the practices described in this policy.
4. Any changes we make to this policy will be posted on this page. You are advised to check back frequently as, unless your consent is required, any changes will be binding on you when you continue to use the Website or work with us after the date of the relevant change.
5. For more information relating to your rights under this policy, please see section 10.
6. If you have any queries relating to this policy, please contact us at firstname.lastname@example.org in the first instance
2. Who we are
1. We (NEDSHIELD) are the supplier of all products and operational services of the Nedshield Holding AG, which we provide on the terms of a written agreement.
2. For the purposes of the Act, we consider that the data controller will be (jointly):
1. NEDSHIELD SWITZERLAND AG, a Swiss company registered in Weinfelden, Switzerland; and
2. NEDSHIELD HOLDING AG, a Swiss company registered in Weinfelden, Switzerland; and
3. Any local/national affiliate of either NEDSHIELD HOLDING AG or NEDSHIELD SWITZERLAND AG.
3. Your consent
1. We do not ordinarily rely on your consent to process your personal data. We process your personal data primarily to perform our contract with, and provide our services to, you. We consider the personal data we obtain is reasonable and necessary for these purposes. However, we review this intermittently and remove any inaccurate or obsolete data in accordance with our internal data retention policy.
2. By using our Website and/or our services, you expressly consent to:
1. the transfers of your personal data to those specifically listed third parties in this policy, for the reasons specified; and
2. us using your personal data for direct marketing purposes.
3. Where you consent to marketing from us, we confirm that we only market our services directly and do not engage any third parties to do this on our behalf.
4. You may exercise your rights under section 10 at any time, which includes withdrawing your consent to our processing of your personal data (where we rely on your consent to process such data). However, where this withdrawal prevents us from performing our contract with you, we may not be able to provide our services to you.
4. What we collect
1. In order to provide our services to you, we process the following categories of your personal data:
1. name and job title;
2. personal contact details, including email address;
3. mobile phone number; and
4. past employment and or professional history.
2. Where you are a current, potential or former employee, worker or other member of our staff, we may collect additional categories of your personal data for the purposes of providing you with the necessary benefits under our contract with you. In those circumstances, a separate privacy notice applies and a copy is available on request.
3. If your personal data changes, or becomes inaccurate at any time, you must let us know to avoid any errors or delays in our services, and to allow us to update our records.
4. Collection of your data will also be protected under the terms and conditions of the written NEDSHIELD RECIPROCAL NON-DISCLOSURE AGREEMENT or the NEDSHIELD CONFIDENTIALITY AGREEMENT which you may agree with us. In this case, should there arise any conflict in terms, the written agreements shall prevail.
5. How we collect it
The categories of data in section 4 are collected in the following ways:
1. When you provide it to us
1. When you correspond with us by phone or e-mail as part of our business with you (whether for customer support, billing, upgrades or otherwise), any of your personal data contained in that correspondence will be retained by us ;
2. When we enter into a contract with you (whether directly or via one of our appointed “local dealers/affiliate companies ”), any personal data contained in that contract (or related correspondence) will be retained by us;
2. When we collect it from you
1. When you use our Website, we will automatically collect technical information about the device you use to visit, including your IP address, browser type/version and related settings.
2. We also monitor your use of our Website. This includes the full URLs, your clickstreams through our Website, the pages you view and how you interact with them and how you leave the Website.
3. When we receive it from others so that we can provide our services to you, and can verify your identity and your ability to continue to make payments to us, we will use recognised third party credit rating/reference agencies to carry out credit checks on you. Any information in that credit report that allows us to identify a natural person will be retained by us for the purposes of providing our services.
4. We may also receive personal data and basic contact details from our existing partners, dealers and suppliers who may refer your data to us if they reasonably consider that you may be interested in our services. They only do so on the terms of a written agreement with us and are under legal and contractual obligations to notify you that they are referring your details to us, for specified purposes. So that we can monitor their compliance, please notify us immediately if you were not aware that your personal data had been transferred for us.
6. What we use it for
1. Your personal data is primarily required to enable us to supply you with the relevant services and support you have requested from us, and to contact you in relation to any enquiries or requests you raise with us.
2. We use your personal data to validate and confirm your identity to approve the disclosure of any of our information concerning our technology, services and or commercial aspects of our business.
3. We also use your personal data to send you information by email about us, our services and any recent market updates that are similar to those you have already enquired about or purchased. We only do this where you have given us permission to do so, and you can opt-out at any time. Where you opt out, we will no longer contact you until you ask us to, and we will not prompt you to do so.
4. Technical information we collect about your visit to our Website is used to enable us to:
1. personalise and improve its functionality and security (to keep it safe and secure);
2. administer and monitor traffic and behaviours on our Website for analysis, testing, research, statistical and survey purposes; and
3. ensure that we can offer you the most effective and efficient browsing experience, and make improvements where necessary.
5. From time to time we also use your email address or telephone number to contact you for market research purposes (where you have given us permission to do so).
6. Once collected, your personal data will be retained by us for as long as is necessary for us to provide you with the relevant services, to market our services to you (where requested) and to enable us to improve our Website. After this point, the data will be securely deleted and we will not contact you unless you ask us to.
7. Who can access it
1. Our CRM system (details of which are confidential), used for billing and ongoing service support, is hosted by NEDSHIELD SWITZERLAND AG and NEDSHIELD BV and accessed by both our staff. Access to the data stored on that system is limited by staff seniority (the more senior the staff member, the wider the access). This system is hosted in the Netherlands and Switzerland and all data is processed and stored within the EU (other than that data processed by NEDSHIELD Switzerland staff).
2. Your personal data will be held and stored by us in our internal management information systems on servers located in the Netherlands and Switzerland or through the Cloud (hosted from Netherlands). All personal data is processed either by Dutch or Swiss based staff who are regulated by our internal staff data protection and information security policies.
8. How secure is my data
1. The personal data we store and process is held by us in more than one place, by multiple hosting solution and software providers. Whilst we use the following third parties to host the personal data we process, all IT support is primarily managed by us, internally.
1. Our CRM systems for new business leads and acquisitions are hosted internally.
2. We use a separate, internal CRM system for managing all billing matters and ongoing service support.
3. any personal data you provide, or that is contained within, any email correspondence you have with us, is stored in Microsoft Office®365, to which all staff have separate, secure access (and all IT support have administrator-level access).
2. Access to the various parts of our database is made available to those staff and members of our team who need to know in order to provide our services to you. All passwords are held securely and any access to back-end servers requires this as well as user-based authentication.
3. All staff receive appropriate training on the protection of personal data on induction, and at regular intervals during their time with us. This is to ensure they are aware of your rights, and their obligations, in relation to your personal data, how to keep it safe and secure at all times, and what to do where a breach is discovered.
9. How and why we disclose your data
1. Any websites which are linked from the Website are outside of our control and not covered by this policy. If you access those websites using the links provided, the website operators may collect information from you which will be used by them in accordance with their own privacy policies (if any). These policies may differ from ours, and we cannot accept any responsibility or liability in respect of these.
2. In addition to we may disclose your personal data to the following third parties, for the reasons specified in this section:
1. Appropriate Defence/Security organizations – which you have referenced in the data you have provided to us, in order to validate your identity and specific interest in our technology, products and or services.
3. We only disclose your personal data to the third parties listed in section 8.2 above where you express an interest in specific services during an account management call with us, or where you permit us to transfer your details to them in response to a marketing email we send to you (with your permission)
10. Your rights
1. In relation to all of your personal data, you have the following rights (in addition to any rights you may have under the Act or the Regulation) to ask us:
1. not to process your personal data for marketing purposes or identity validation purposes;
2. to clarify what data we hold about you, how it was obtained, to whom it has been disclosed and for how long it will be stored;
to amend any inaccurate data we hold about you;
3. to delete any of your data (where you no longer think we need to hold it, or you think we have obtained or processed it without your consent at any time); and
4. to only process your personal data in limited circumstances, for limited purposes.
2. We have the capacity to extract your personal data from our databases and provide it to you in a structured, commonly-used way (typically by .csv file).
3. If you wish to exercise any of your rights at any time, please contact us on the details contained at the beginning of this policy in the first instance. We will require you to verify your identity to us before we provide any personal data, and reserve the right to ask you to specify the types of personal data to which your request relates.
4. Where you wish to exercise any of your rights, they may be subject to payment of a nominal administration fee (to cover our costs incurred in processing your request) and any clarification we may reasonably require in relation to your request. Such fees may be charged where we consider (acting reasonably) that your request is excessive, unfounded or repetitive.