INTRODUCTION

A. why a data protection policy?

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/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/users/prospects, we will let our clients know which entity will be the processor for their clients/users/prospects’ personal data when our client purchases a product or service with us. For clarity, we do not rent or sell the personal data of our clients’ clients/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.

4. Our clients have the right to make a complaint at any time to the Office of the Privacy Commissioner for 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 using our contact details below in the first instance.

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/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/ users/prospects is accurate and current. Please keep us informed if personal data changes occur during our relationship.

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.

2. 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/users/prospects, which we have grouped together follows:

• Identity Data includes first name, last name, username or similar identifier.
• Contact Data includes billing address, email address and telephone number.
• 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 includesyour 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.

3. 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/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.

4. We do not collect any Special Categories of Personal Data about our client and their clients/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. We do not collect sensitive personal data. Our business partners may use our services to collect or process sensitive data: we do not monitor our business partners’ use of our services, and we cannot guarantee that our business partners do not use the services to process any sensitive personal data. We put security procedure in place to protect the confidentiality of personal data, including sensitive data: we use encryption for any transmission of data made while providing our services.

While providing our business partners with our services, notably Wiresk or Microsoft Dynamics, we process their client’s data for a short period of time in accordance with their instructions. We do not keep any copy of these data. We do not have control on the origin of the data that we received from our business partners and on the destination where the data is sent on our business partner’s instruction. Security procedures are in place to protect the confidentiality of personal data, including sensitive data: we use encryption to protect data during the data life cycle.

6. 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:

a. Technical Data from the following parties:

b. Contact, Financial and Transaction Data from providers of payment services such as Stripe based outside the EU.

c. We do not receive Identity and Contact Data from data brokers or aggregators.

d. 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.

2. 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/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/users/prospects data on their behalf:

• Direct interactions. Our clients may give us their clients/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/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/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 for further details.
• Third parties or publicly available sources. We may receive personal data about our clients’ clients/users/prospects from various third parties and public sources, such as technical date from analytics providers and advertising networks.

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/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/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 using our contact details below.

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

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

B. MARKETING to our clients

We may have to share our clients’ personal data and their clients/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/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/users/prospects’ personal data for their own purposes and only permit them to process our clients’ personal data and their clients/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 Singapore (Microsoft), Ireland (Microsoft Azure) and France (OVHCloud) who provide IT and system administration services such as servers or cloud-computing.
• 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/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/users/prospects’ personal data to us, it involves transferring their clients/users/prospects’ personal data outside European Union.

When we share the personal data of our clients and of their clients/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/users/prospects incorporated/based inside European Union outside the European Union and outside Hong Kong.

3. 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 using our contact details below if 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/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 clients 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:

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.

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.

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.