Data Protection Policy

introduction

Welcome to Viazul Limited’s data protection policy.

As part of our business, we process personal data collected by our clients from their own clients/customers/users/prospects in accordance with thePersonal Data (Privacy) Ordinance (Cap. 486) in Hong Kong.

As we believe that the personal data of our clients’ clients/customers/users/prospects is valuable and must be preserved, we are committed to protecting the personal data we are in charge of in accordance with the European Union General Data Protection Regulation [(EU) 2016/679](GDPR).

This policy will inform (i) our clients as to how we look after the personal data we collect or process when they are one of our clients or (ii) our clients and their clients/customers/users/prospects as to how we look after the personal data we collect or process when they visit our website (regardless of where they visit it from). We will also tell our clients about their privacy rights.

  • This policy is provided in a layered format, so click through to the specific areas set out below.

A. WHY A DATA PROTECTION POLICY?

  1. This policy aims to give our clients information on how we collect and process their personal data through the use of this website, including any data they may directly provide us with when they purchase a product or a service or they may provide through this website when they sign up to our newsletter.
  2. This website is not intended for children and we do not knowingly collect data relating to children.
  3. It is important that our clients read this policy together with any other notice we may provide on specific occasions when we are collecting or processing personal data about them so that they are fully aware of how and why we are using their data.

B. WHO IS RESPONSIBLE FOR DATA PROCESSING?

  1. Personal data collected directly by us: Viazul Limited is the controller and responsible for the personal data belonging to its clients. In the event that we subcontract part of our services provided to our clients and that we transfer our client’s personal data, we will let our clients know which entity will be the processor for their personal data when our client purchases a product or service with us. For clarity, we do not rent or sell our clients’ personal data.
  2. Personal data collected by our clients and provided by our clients for processing under their instructions: Viazul Limited is the processor of personal data provided by its client during the provision of its services or the sale of its products to its clients/customers/users/prospects. In the event that we subcontract part of our services provided to our clients and that we transfer personal data of our client’s clients/customers/users/prospects, we will let our clients know which entity will be the processor for their clients/customers/users/prospects’ personal data when our client purchase a product or service with us. For clarity, we do not rent or sell the personal data of our clients’ clients/customers/users/prospects.
  3. If our clients have any questions about this notice, including any requests to exercise their rights, please contact us using the details set out below.

Our full details are:

  • Full name of legal entity: Viazul Limited
  • Email address: dataprotection@viazul.hk
  • Postal address: Suite B, 7th Floor, One Capital Place, 18 Luard Road, Wanchai, Hong Kong.
  1. Our clients have the right to make a complaint at any time to the Office of the Privacy Commissionerfor Personal Data(PCPD), the Hong Kong supervisory authority for data protection issues (www.pcpd.org.hk).

We would, however, appreciate the chance to deal with our clients’ concerns before they approach the PCPD; so please contact us at dataprotection@viazul.hk in the first instance.

C. OUR CLIENT’S DUTY TO INFORM US OF CHANGES

  1. The European Union data protection law, with which we would like to try to be compliant because we believe in its high standards of protection for our clients and their clients/customers/users/prospects, entered into force on 25 May 2018. Although this policy tries to set out most of our clients’ rights under GDPR, we may not yet be able to respond within a short period of time to some of their requests as being GDPR compliant is a long term process and we are continuously working towards getting our systems compliant.
  2. It is important that the personal data we hold about our clients and their clients/customers/users/prospects is accurate and current. Please keep us informed if personal data changes occur during our relationship.

D. 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 our clients.

We do not control these third-party websites and are not responsible for their privacy statements. When our clients leave our website, we encourage them to read the privacy notice of every website you visit.

Personal data 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).

  1. Personal data collected directly by us: as our clients are incorporated businesses, we barely collect, use, store and transfer personal data about our clients; when we do, we may collect personal data grouped together follows:
  • Identity Data includes first name, last name, gender and position of the individual who is employed in our client’s incorporated business.
  • Contact Data includes our incorporated client’s billing address and delivery address and our client’s employees’ email address and telephone numbers.
  • Financial Data includes our incorporated client’s bank account and payment card details.
  • Transaction Data includes details about our incorporated client’s payments to and from them and other details of products and services they have purchased from us.
  • Technical Data includes internet protocol (IP) address, 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 our client’s employees use to access this website or our services and products.
  • Profile Data includesour client’s employees’ username and password, interests, preferences, feedback and survey responses as regard to our services and products.
  • Usage Data includes information about how our client’s employees use our website, services and products.
  • Marketing and Communications Data includes our client’s employees’ preferences in receiving marketing from us and their communication preferences.
  1. Personal data collected by our clients and provided by our clients: we may use, store and transfer different kinds of personal data about our client’s clients/customers/users/prospects, which we have grouped together 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 Data includes [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 Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
  1. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from the personal data of our clients or of their clients/customers/users/prospects but is not considered personal data in law as this data does not directly or indirectly reveal their identity (anonymous data). For example, we may aggregate Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with personal data so that it can directly or indirectly identify a client, we treat the combined data as personal data which will be used in accordance with this policy.
  2. We do not collect any Special Categories of Personal Data about our client and their clients/customers/users/prospects (this includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

5. Where we need to collect personal data by law, or under the terms of a contract we have with our clients and our clients fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service our clients have with us but we will notify them if this is the case at the time.

  1. Personal data collected directly by us: we may use different methods to collect data from and about our clients, who are incorporated businesses, and their employees:
  • Direct interactions.Our clients’ employees may give us their Identity Data, Profile Data and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data our clients provide when they purchase our products or services, create an account on our website, subscribe to our newsletters or publications, request marketing to be sent to them, enter a competition, promotion or survey or give us some feedback.
  • Automated technologies or interactions.As our clients interact with our website, we may automatically collect Technical Data about their equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about our clients if they visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources.We may receive personal data about our clients from various third parties and public sources as set out below:
  1. Technical Data from the following parties:

(i)  analytics providers [such as Google based outside the EU];

(ii)  advertising networks [such as [NAME] based [inside ORoutside] the EU]; and

(iii)  search information providers [such as [NAME] based [inside ORoutside] the EU].

a. Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as [NAME] based [inside ORoutside] the EU].

b. Identity and Contact Data from data brokers or aggregators [such as [NAME] based [insideORoutside] the EU].

c. Identity and Contact Data from publicly availably sources such as Companies Registry in Hong Kong, Intellectual Property Department in Hong Kong, European Union Intellectual Property Office in the European Union, Sirene Base de données in France or Dun & Bradstreet Database worldwide.

 

  1. Personal data collected by our clients and provided by our clients: our clients may use different methods to collect data from and about their clients/customers/users/prospects for which we are not responsible for; however, we may use different methods to transfer the data collected from our clients to process our clients’ clients/customers/users/prospects data on their behalf:
  • Direct interactions.Our clients may give us their clients/customers/users/prospects’ Identity Data, Contact Data and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data our clients provide when they apply/purchase our clients’ products or services, create an account on our clients’ website, subscribe to our clients’ newsletters or publications, request marketing to be sent to them, enter our clients’ competition, promotion or survey or give our clients some feedback.
  • Automated technologies or interactions.As our clients’ clients/customers/users/prospects interact with our clients’ website using our cookies and our e-forms, we may automatically collect Identity Data, Contact Data, Financial Data and Technical Data about our clients’ clients/customers/users/prospects and about their equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy [LINK] for further details.

Third parties or publicly available sources.We may receive personal data about our clients’ clients/customers/users/prospects from various third parties and public sources as set out below:

a. Technical Data from the following parties:

(i)  analytics providers [such as Google based outside the EU];

(ii)  advertising networks [such as [NAME] based [inside ORoutside] the EU]; and

(iii)  search information providers [such as [NAME] based [inside ORoutside] the EU].

b. Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as [NAME] based [inside ORoutside] the EU].

c. Identity and Contact Data from data brokers or aggregators [such as [NAME] based [insideORoutside] the EU].

d. Identity and Contact Data from publicly availably sources [such as Companies House and the Electoral Register based inside the EU].

We will only use personal data as permitted by law. Most commonly, we will use personal data in the following circumstances:

  • where we need to perform the contract we are about to enter into or have entered into with our clients; or
  • where it is necessary for our legitimate interests (or those of a third party) and if our clients’ or their clients/customers/users/prospects’ interests and fundamental rights do not override our legitimate interests; or
  • where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing personal data, other than in relation to sending our direct marketing communications to our clients or to sending our clients’ direct marketing communications to their clients/customers/users/prospects via email or any other means. Our clients have the right to withdraw their consent to marketing at any time by contacting us at dataprotection@viazul.hk.

Our clients are responsible for giving their clients/customers/users/prospects the right to withdraw consent to marketing at any time.

A. PURPOSES FOR WHICH WE WILL USE OUR CLIENTS’ PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use our clients’ personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process our clients’ personal data for more than one lawful ground depending on the specific purpose for which we are using the data.

Please contact us at dataprotection@viazul.hkif our clients need details about the specific legal ground we are relying on to process their personal data where more than one ground has been set out in the table below.

Purpose

 

Type of data

(see item 2.1. above)

 

Lawful basis for processing including basis of legitimate interest

 

To register our clients as a new customer.

 

– Identity

– Contact

 

– Performance of a contract with our clients*

 

To process and deliver our clients’ order including:

(i) manage payments, fees and charges, and

(ii) collect and recover money owed to us.

 

– Identity

– Contact

– Financial

– Transaction

– Marketing and Communications

 

– Performance of a contract with our clients*

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

 

To manage our relationship with our clients which will include:

(i) notifying you about changes to our terms or policies, and

(ii) asking you to leave a review or take a survey.

 

– Identity

– Contact

– Profile

– Marketing and Communications

 

– Performance of a contract with our clients*

– Necessary to comply with a legal obligation***

– Necessary for our legitimate interests (to keep our records updated and to study how our clients use our products/services)**

 

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

 

– Identity

– Contact

ü Profile

– Usage

– Marketing and Communications

 

– Performance of a contract with our clients*

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

 

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

 

– Identity

– Contact

– Technical

 

– 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)**

ü Necessary to comply with a legal obligation***

 

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

 

– Identity

– Contact

– Profile

– Usage

– Marketing and Communications

– Technical

 

– Necessary for our legitimate interests (to study how our clients 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

 

– Technical

– 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 our clients about products or services that may be of interest to them

 

– Identity

– Contact

– Technical

– Usage

– Profile

 

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

 

*Performance of Contractmeans processing our clients data where it is necessary for the performance of a contract to which they are a party orto take steps at our clients’ request before entering into such a contract.

**Legitimate Interestmeans the interest of our business in conducting and managing our business to enable us to give our clients the best service/product and the best and most secure experience.

We make sure we consider and balance any potential impact on our clients (both positive and negative) and their rights before we process personal data for our legitimate interests.

We do not use our clients’ personal data for activities where our interests are overridden by the impact on them (unless we have their consent or are otherwise required or permitted to by law).

***Comply with a legal or regulatory obligationmeans processing personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

B. MARKETING TO OUR CLIENTS

We strive to provide our clients with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

  1. Promotional offers from us: We may use our clients’ Identity Data, Contact Data, Technical Data, Usage Data and Profile Data (cf. item 2.1. above) to form a view on what we think they may want or need, or what may be of interest to them. This is how we decide which products, services and offers may be relevant for our clients (we call this marketing).

Our clients will receive marketing communications from us if they have (i) requested information from us or (ii) purchased goods or services from us or (iii) provided us with their details when they entered a competition or registered for a promotion and, in each case, (iv) if they have not opted out of receiving that marketing.

  1. Third-party marketing: We will not share, for money or not, our clients’ personal data with any company for marketing purposes.
  2. Opting out: Our clients can ask us to stop sending them marketing messages at any time by following the opt-out link on any marketing message sent to our clients or by contact us at dataprotection@viazul.hkat any time.

Where our clients opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

  1. Cookies: Generally speaking, anyone can set his/her/its browser to refuse all or some browser cookies, or to alert them when websites set or access cookies. If our clients disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see [LINK TO OUR COOKIE POLICY].
  2. Change of purpose: We will only use our clients’ personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If our clients wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at dataprotection@viazul.hk.

If we need to use our clients’ personal data for an unrelated purpose (e.g. for another purpose than those listed in the table in item 4.B. above), we will notify our clients and we will explain the legal basis which allows us to do so.

Please note that we may process our clients’ personal data without their knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may have to share our clients’ personal data and their clients/customers/users/prospects’ personal data with the parties set out below for the purposes set out in the table in item 4.A above.

We require all third parties to respect the security of our clients’ personal data and or their clients/customers/users/prospects’ personal data to treat it in accordance with the law. We do not allow our third-party service providers to use our clients’ personal data and their clients/customers/users/prospects’ personal data for their own purposes and only permit them to process our clients’ personal data and their clients/customers/users/prospects’ personal data for specified purposes and in accordance with our instructions or our clients’ instructions respectively.

  1. Internal Third Parties: Another company in Viazul Limited’s Group acting as joint processor, which is based in Cambodia and provides IT development (hardware and software), projects management and business development.
  2. External Third Parties:
  • Service providers acting as processors based in United States and France who provide IT and system administration services such as servers or cloud-computing. XX
  • Professional advisers acting as processors or joint controllers including IT consultant, general counsel, bankers, auditors and insurers based in France and in Hong Kong and who provide IT and system administration services, consultancy, banking, legal, insurance and accounting services.
  • Inland Revenue Department, regulators and other authorities based in Hong Kong that require reporting of processing activities in certain circumstances.

3. Change of control: 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 our clients’ personal data in the same way as set out in this policy.

  1. Viazul Limited is a company incorporated and located in Hong Kong. Our clients and their clients/customers/users/prospects are incorporated/located worldwide and may be incorporated/located inside the European Union.
  2. When we collect the personal date of our clients incorporated/located inside European Union, it involves transferring our clients’ personal data outside European Union.

When our clients based inside European Union transfer their clients/customers/users/prospects’ personal data to us, it involves transferring their clients/customers/users/prospects’ personal data outside European Union.

When we share the personal data of our clients and of their clients/customers/users/prospects within Viazul Limited’s Internal Third Parties and External Third Parties (please refer to items 5.1 and 5.2. above), it may involve transferring the personal data of our clients’ and of their clients/customers/users/prospects incorporated/based inside European Union outside the European Union and outside Hong Kong.

  1. Whenever we transfer personal data out of European Union, we use reasonable endeavours to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
  • Where we use Internal Third Parties and External Third Parties, we shall use specific contracts approved by the European Commission.
  • The Internal Third Parties and External Third Parties we use do not store data in United States but in Hong Kong, Singapore, Malaysia, Japan and South Korea.

Please contact us at dataprotection@viazul.hkif you want further information on the specific mechanism used by us when transferring personal data out of European Union.

We have in place appropriate security measures to prevent the personal data of our clients and of their clients/customers/users/prospects from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to the personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process personal data on our instructions and they are subject to a duty of confidentiality.

We have in place procedures to deal with any suspected personal data breach and will notify our clients and any applicable regulator of a breach where we are legally required to do so.

This is data retention. As a general rule, we will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider (i) the amount, nature, and sensitivity of the personal data, (ii) the potential risk of harm from unauthorised use or disclosure of personal data, (iii) the purposes for which we process your personal data and whether we can achieve those purposes through other means, and (iv) the applicable legal requirements.

By Hong Kong law, we have to keep information about our clients (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.

We may 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.

A. RIGHTS

Under certain circumstances, our clients have the following rights in relation to their personal data:

  1. Request accessto personal data (commonly known as a “data subject access request”). This enables our clients to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.
  2. Request correction of the personal data that we hold about our clients.This enables our clients to have any incomplete or inaccurate data we hold about them corrected, though we may need to verify the accuracy of the new data our client provide to us.

3.Request erasure of personal data.This enables our clients to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with our clients’ request of erasure for specific legal reasons which will be notified to our clients at the time of their request.

  1. Object to processing of personal data.This enables our clients to object to processing where we are relying on a legitimate interest (or those of a third party) and where there is something about our clients’ particular situation which makes our clients want to object to processing on this ground as they feel it impacts on their fundamental rights and freedoms. Our clients also have the right to object where we are processing their personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process their information which override their rights and freedoms.
  2. Request restriction of processing of personal data. This enables our clients to ask us to suspend the processing of their personal data in the following scenarios: (a) if our clients want us to establish the data’s accuracy; (b) where our use of the data is unlawful but our clients do not want us to erase it; (c) where our clients need us to hold the data even if we no longer require it as they need it to establish, exercise or defend legal claims; or (d) our clients have objected to our use of their data but we need to verify whether we have overriding legitimate grounds to use it.
  3. Request the transfer of personal data. This enables our clients to ask us to provide to them, or a third party they have chosen, their personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which our clients initially provided consent for us to use or where we used the information to perform a contract with them.
  4. Withdraw consent at any time where we are relying on consent to process personal data. This enables our clients to withdraw consent at any time for the future, where we are relying on consent to process personal data. This withdrawal will not affect the lawfulness of any processing carried out before our clients withdraw their consent. Please note that if our clients withdraw their consent, we may not be able to provide certain products or services to them. We will advise them if this is the case at the time they withdraw their consent.

If our clients wish to exercise any of the rights set out above, please contact us at dataprotection@viazul.hk.

B. NO FEE USUALLY REQUIRED

Our clients will not have to pay a fee to access their personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if our clients’ request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with our clients’ request in these circumstances.

C. WHAT WE MAY NEED FROM YOU?

We may need to request specific information from our clients to help us confirm their identity and ensure their right to access their personal data (or to exercise any of their 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.

D. TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if our clients’ request is particularly complex or they have made a number of requests. In this case, we will notify our clients and keep them updated.

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