Effective date: May 28th, 2018
The company SPM AG, with registered office at Benderer Strasse 29, 9494 Schaan, Fürstentum Liechtenstein, Business Registration no. FL-0002.228.830-5 (hereinafter referred to as “we” or “us”), in its capacity of data controller regarding the processing of Personal Data, is committed to protecting and respecting the privacy of its users, customers, and suppliers, even prospective (hereinafter singularly and collectively referred to as the “you” or “your”), pursuant to the applicable national laws on data protection (hereinafter referred to as the “National Law”) and to the European Regulation no. 679/2016 (hereinafter referred to as the “GDPR”) (hereinafter the National Law and the GDPR will be referred to as the “Applicable Law”).
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
SECT. 1 – PERSONAL DATA WE PROCESS
When you visit the Site, or during any pre-contractual contact or discussion between you and us, or during the performance of any Contracts between you and us, we may collect the following Personal Data:
1.1. Information you give us. You may, through our Site or other contact channels (e.g., e-mail, etc.), voluntarily provide us Personal Data and/or information and documents containing Personal Data. In particular, such Personal Data may include your name, email, address, phone, order number, financial data, and any other information you send to our salesforce or customer support. We will process these data in accordance with the Applicable Law and on the assumption that they refer to you or to third parties who have authorized you to provide them pursuant to an appropriate legal basis which legitimizes the processing at stake. In this case, you act as an independent data controller, assuming all relevant obligations and responsibilities according to the Applicable Law. In this regard, you hence waive, in the full sense of the term, the right to all disputes, claims, claims for damages due to processing, etc., which may be submitted to us by the said third parties whose Personal Data have been processed in breach of the Applicable Law.
1.2. Browsing data. Computer systems and software procedures used to operate the Site collect some Personal Data, the transmission of which is an integral part of internet communication protocols. This information is not collected to be associated with you but, by its very nature, it may allow you to be identified by processing and associating it with data held by third parties. Among collected Personal Data there are : (i) IP addresses or domain names of the devices used by you to connect to the Site; (ii) the URI (Uniform Resource Identifier) of requested resources; (iii) the time of the request, the method used to submit the request to the server; (iv) the size of the file received as a reply; (v) the numeric code indicating the status of the reply given by the server (successful, error, etc.); (vi) other parameters regarding your operating system and device environment.
SECT. 2 – PURPOSES AND LEGAL BASIS OF THE PROCESSING
2.1.Purposes. Personal Data provided by you will be processed by us for the purposes and legal basis specified below  :
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information that you requested from us (e.g., provide our services and products, process orders and payments, respond to your inquiries, etc.).
This processing is necessary for the performance of our mutual contractual obligations and/or carried out with your consent.
To give you access to our support and customer care and to enable you to communicate with our team.
This processing is necessary for the performance of our mutual contractual obligations, carried out with your consent and/or necessary for the establishment, exercise, or defense of legal claims.
This processing is necessary for the performance of our mutual contractual obligations and/or for the establishment, exercise, or defense of legal claims.
To send information to authorized third parties (e.g., service providers).
This processing is necessary for the performance of our mutual contractual obligations and/or carried out with your consent.
To send marketing materials, as well as suggestions and recommendations on our services or products that may be of interest to you.
This processing is based on your consent.
To carry on statistical research/analysis of aggregated or anonymous data, without identifying you, as well as to measure and evaluate the operation of our Site, its traffic, and usability.
This processing does not involve the processing of Personal Data.
To fulfill a legal obligation to which we are subject or to ascertain, exercise, or defend a right in Court or whenever an authority exercises its jurisdiction.
This processing is necessary for the establishment, exercise, or defense of legal claims.
2.2.Voluntary nature of the processing. Providing your Personal Data for the above-mentioned purposes is voluntary and not mandatory. However, any refusal to provide any of such data may not allow us to establish and/or continue a contractual relationship with you, or to fulfill your requests, or to comply with legal obligations to which we are subject.
SECT. 3 – WHAT IS DATA RETENTION PERIOD AND WHAT SECURITY MEASURES HAVE BEEN TAKEN FOR YOUR PERSONAL DATA SAFEGUARD
3.1.Data retention. Personal Data collected by us will be processed for the time strictly necessary to achieve the purposes referred to above. In particular:
3.1.a.Personal Data needed for the provision of our newsletter service will be processed until you decide to unsubscribe;
3.1.b.Personal Data whose retention is mandatory under the applicable laws (e.g., tax laws, bookkeeping, etc.) will be retained for a period of time strictly necessary or permitted to comply with such laws.
3.2.Security measures. We warrant to maintains and continue to maintain appropriate and sufficient technical and organizational security measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Please be aware that no security measures are perfect or impenetrable. So, while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss, or a data breach will never occur. Notwithstanding the preceding, we operate with the aim of mitigating the risks associated with processing your Personal Data through several measures , including:
3.2.a.Data Minimization. We only ever obtain, retain, process, and share Personal Data that is essential to carry out our services and legal obligations: only that which is relevant and necessary is collected. In particular, by way of example, our electronic collections (i.e., via the Site, etc.), have only fields that are relevant to the purpose of collection and subsequent processing, while the physical collection (i.e., face-to-face contacts, phone calls, etc.) is supported using scripts and internal forms using predefined fields.
3.2.b.Pseudonymization. Whenever possible, we utilize pseudonymization to record and store Personal Data in a way that ensures that such data can no longer be attributed to a specific data subject without the use of separate additional information (i.e., personal identifiers) which are protected with encryption, partitioning and other technical and operational measures of risk reduction and data protection.
3.2.c.Encryption. Although we use encryption (i.e., using a secret key to make Personal Data indecipherable unless decryption of the dataset is carried out using such assigned key) as a form of pseudonymization, we also utilize it as a secondary risk prevention measure for securing the Personal Data that we process.
3.2.d.Access restriction. We use company-wide restriction methods for restricting access into the foundation of our processes, systems, and structure, in order to ensure that only those with authorization and/or a relevant purpose, have access to Personal Data. Special category data is restricted at all levels and can only be accessed by our authorized personnel.
SECT. 4 – WHO ARE THE RECIPIENTS OF YOUR PERSONAL DATA
4.1. Third-party service providers. We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of your Personal Data they process on our behalf. In particular, without limiting the foregoing, our principal third-party service providers are our sales customer relationship management (CRM) tools for our salespeople: Pipedrive (whose privacy statement is available at https://www.pipedrive.com/en/privacy) and SmartSheet (whose privacy statement is available at https://www.smartsheet.com/legal/privacy).
4.3. Third parties required by laws or authorities. We may disclose your data to a third party: (i) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request (including to meet national security or law enforcement requirements); (ii) to enforce our Contract and policies; (iii) to protect the security or integrity of our services and products; (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury. If we are required by law to disclose any of your Personal Data, then we will use reasonable efforts to provide you with notice of that disclosure requirement, unless we are prohibited from doing so by statute, subpoena, or court or administrative order. Furthermore, we object to requests that we do not believe were issued properly.
4.4. Aggregated or de-identified data. We may also make certain non-Personal Data (i.e., data which has been de-identified or aggregated in a way that does not directly identify you) available to third parties for various purposes, including for business or marketing purposes or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through our products or services.
SECT. 5 – WHERE YOUR PERSONAL DATA MAY BE TRANSFERRED
SECT. 6 – YOUR RIGHTS
6.1. Right of access. You are always entitled to receive confirmation as to whether or not your Personal Data are being processed and, where that is the case, access and receive a copy of such Personal Data in an intelligible form. Furthermore, you are also entitled to receive information concerning: the purposes of the processing; the categories of Personal Data concerned; the recipients (or categories thereof) to whom the Personal Data have been or will be disclosed; where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from us rectification or erasure of personal data or restriction of processing of your Personal Data or to object to such processing; the right to lodge a complaint with a supervisory authority; the source of the Personal Data; the existence of automated decision-making; where Personal Data are transferred to a third country or to an international organization, the appropriate safeguards relating to the transfer.
6.2. The right to withdraw consent. You are always entitled to withdraw, at any time, your consent to the processing of your Personal Data, both on legitimate grounds (even though they are relevant to the purpose of the collection) and if the processing is carried out for direct marketing purposes. The preceding will not affect the lawfulness of processing based on consent before the withdrawal.
6.3. Right to rectification, erasure, and restriction. You are always entitled to obtain from us, without undue delay: the rectification or integration of your Personal Data that are inaccurate or incomplete; the erasure of your Personal Data that has been processed unlawfully or whose retention is unnecessary for the Purposes; the restriction of processing, in case you challenge either the accuracy of your Personal data or the lawfulness of the processing, or in case we no longer need the Personal Data for the Purposes, but they are required by you for the establishment, exercise or defense of a legal claim.
6.4. Right to data portability. You have the right to receive your Personal Data in a structured, commonly used and machine-readable format, as well as the right to transmit those data to another controller without hindrance from us, where technically feasible.
6.5. Right to lodge a complaint before a European supervisory authority. You have the right to lodge a complaint with the competent Supervisory Authority: Datenschutzstelle, Kirchstrasse 8, Post box 684, FL-9490 Vaduz (Liechtenstein).
6.6. Contacts. Requests to exercise the rights above must be sent to SPM AG, Benderer Strasse 29, 9494 Schaan, Fürstentum Liechtenstein, or by e-mail to email@example.com. Any access request is always completed within one month; however, where the retrieval or provision of information is particularly complex or is subject to a valid delay, the period may be extended by two further months. If this is the case, we will write to you within one month and keep you informed of the delay and the reasons thereof.
SECT. 7 – AMENDMENTS TO THIS POLICY