BIZIMPLY PRIVACY & COOKIES POLICY

 

(last revised on 1 February 2024)

 

1.                  Who we are 

We are Bizimply Limited, incorporated and registered in the Republic of Ireland with company number 497639, whose registered office is at 7, the Courtyard, Carmanhall Road, Sandyford, Dublin D18 NW62 (hereinafter referred to as Bizimply, we, us or our, and which terms shall also include our Affiliates. Affiliates means any entity that directly or indirectly controls, is controlled by, or is under common control with us. Control, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity). We are based in Ireland and provide HR software solutions primarily for the hospitality and retail industries (the Business).

 

Your privacy is of paramount importance to us. This privacy and cookies policy (the Policy) applies to the Business and our https://www.bizimply.com/ website (the Website), mobile applications and services related thereto (the Service). This Policy is designed to protect you, our users, by informing you what Personal Data is collected, how we will use Your Personal Data, with whom we share it, how long we keep it, your rights in respect of Your Personal Data and how to contact us if you have any queries or concerns about our use of Your Personal Data. Your use of the Website is subject to your agreement with this Policy.

 

In this Policy, the term Personal Data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes Personal Data as described in Data Protection Laws (as defined below).

 

Any Personal Data that we collect from you for the below purposes is referred to in this Policy as Your Personal Data.

 

Please read the following carefully. Registering for an account (Your Account) on our Website or any mobile application, use of Your Account, our Website, mobile application or otherwise accepting the terms of this Policy indicates that you have reviewed this Policy and have agreed to be bound by it. If you do not agree to these terms you must leave our Website immediately and stop using our mobile application. If you no longer consent to our processing of Your Personal Data, you may request that we cease such processing by contacting us. See ‘How to Contact Us’ below.

 

We will handle Your Personal Data in accordance with Data Protection Laws. Data Protection Laws means the Data Protection Acts 1988 to 2018, the General Data Protection Regulation (EU) 2016/679 (GDPR), and any other applicable law or regulation relating to the processing of Personal Data and to privacy, including the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, as such legislation shall be supplemented, amended, revised or replaced from time to time and all guidance and codes of practice issued by a relevant supervisory authority, from time to time and which are applicable to us.

 

We are a controller (as defined in Data Protection Laws) in relation to any Personal Data which we collect from you through the set-up of Your Account. We are a processor in respect of any Personal Data which we process through your utilisation of our Service, in each case as more particularly set out in Section 3 below. This Policy and the Addendum set out the basis on which any such Personal Data will be processed by us.

 

You may be a data subject (as defined in Data Protection Laws) or you may be a controller. When you are a controller in respect of the Personal Data of other data subjects, then you must comply with all of your controller obligations under Data Protection Laws. When you are a controller, we and you act as independent controllers, unless agreed otherwise.

 

2.                  Information we gather from you

We fully respect your right to privacy in relation to your interactions with the Service and endeavour to be transparent in our dealings with you as to what Personal Data we will collect and how we will use Your Personal Data. We only collect and use Personal Data where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commission (DPC).

 

We may collect Personal Data from you in the course of your use of the Service. This may be through email, use of the Website, mobile application or online forms. The information that we process includes the following:

 

Customer Information

 

 

 

 

 

 

User Information

 

 

We endeavour to keep Your Personal Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible.

 

3.                  Why we collect/have access to your information 

We may collect information from you as necessary in the course of providing our Service. We may collect Your Personal Data while monitoring our technology tools and services, including our Website, mobile applications and email communications sent to and from us. We gather information about you when you provide it to us, or interact with us directly.

 

We may use Your Personal Data on any one or more of the following legal bases: (i) to perform a contract with you; (ii) for our legitimate business purposes in providing the Service to you (in which case, our legitimate interests will not override your fundamental privacy rights); and/or (iii) in limited circumstances, where you have given us your express consent. We may also use or disclose Your Personal Data to comply with a legal obligation to which we are subject.

 

We have set out below, in a table format, a description of all the ways we plan to use Your 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 Your Personal Data for more than one legal basis, depending on the specific purpose(s) for which we are using Your Personal Data. Please contact us if you need details about the specific legal basis we are relying on to process Your Personal Data where more than one ground has been set out in the table below. See ‘How to Contact Us’ below.

 

 

 

 

 

 

4.                  Cookies Policy

A cookie is a small text file that is placed on your device by a web server, which we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. Our Website and mobile application use cookies to distinguish you from other users of those services. This helps us to provide you with a better experience when you browse our Website and use our mobile application and also allows us to improve the Website/mobile application. Cookies also help us to improve our Service and to deliver many of the functions that make your browser experience more user-friendly. 

 

We use the following types of cookies:

 

 

First Party Cookies

 

You can find a list of first party cookies we use and the purposes for which we use them in the table below.

 

 

Third Party Cookies

 

Please note that a number of third parties may also use cookies. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services.  These third party cookies help us to improve our Service and to deliver many of the functions that make your browser experience more user-friendly. 

 

You can find a list of third party cookies we use and the purposes for which we use them in the table below.

 

 

The ‘Help’ menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.

 

Further information about browser privacy settings, and cookies and how to disable them can be found at www.allaboutcookies.org or www.ico.org.uk/your-data-matters/online/cookies. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

 

However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to fully experience the interactive features of our Service/Website/mobile application or other related websites/mobile applications which you visit/use.

 

5.                  Cases where we may use your information to contact you

We may contact you (i) for administration reasons related to the Service (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us); (ii) to provide you with information about our Service, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our Website, through our mobile applications, by email or via the ‘How To Contact Us’ below; (iii) to invite you to participate in surveys about our services (participation is always voluntary); and (iv) for direct marketing purposes.

 

6.                  Your Rights

As a data subject, you have the following rights under Data Protection Laws and we, as controller in respect of Your Personal Data, will comply with such rights . These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of Your Personal Data, please contact us (see ‘How to Contact Us’ below).  We will respond to any rights that you exercise within one month of receiving your request, unless the request is particularly complex, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond).

 

 

 

7.                  Who we share your information with

We will not share Your Personal Data without your consent or unless required by law (except as set out in this Policy). If our Business is acquired or merged with another company, Your Personal Data may be transferred to the new owners so that we/they may continue to sell products and Services to you. If we become involved in a merger, acquisition, or any form of sale of some of all of its assets, Your Personal Data will not be transferred to any third party unless there are adequate safeguards in place with the recipient in respect of the security of Your Personal Data.

 

We restrict access to Your Personal Data to employees, contractors, and agents who need such access in order to operate, develop, or improve our Service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations. We may also share Your Personal Data with our third party service providers, who assist us in the provision of the Service (subject to having appropriate contracts in place with such third parties). Such third party service providers include but are not limited to subscription APIs (Application Programming Interfaces) which support and enable us to provide the Service to you.

 

Your Personal Data may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding in Ireland or abroad.

 

8.                  Non-EEA Personal Data Transfers

Your Personal Data may be transferred to, stored at, or accessed from a destination outside the EEA (a ‘third country’) for the purposes of us providing the Service. It may also be processed by staff operating outside the EEA who work for us, another corporate entity within our group, or any of our suppliers. We will take all steps reasonably necessary to ensure that Your Personal Data is treated securely and to an acceptable EU standard. The safeguards in place with regard to the transfer of Your Personal Data to third countries shall include (but shall not be limited to) reliance by us on a decision of the European Commission confirming an adequate level of data protection in the respective third country, the entry by us into appropriate contracts with third parties incorporating standard contractual clauses approved by the European Commission where required or reliance other appropriate safeguards and the carrying out of risk assessments and adoption of supplementary and/or mitigating measures to ensure compliance with Data Protection Laws.

 

9.                  Third Party Websites

This Policy applies to websites, mobile applications and services that are owned and operated by us. We do not exercise control over the sites/applications that may be linked from the Service. You may see ‘social buttons’ during your use of the Website or mobile application, including but not limited to Twitter, Facebook, LinkedIn and Instagram which enable you to share or bookmark certain web pages. These websites and social platforms have their own cookies and privacy practices, which are controlled by them. These other sites/applications may place their own cookies or other files on your computer, collect data or solicit personal information from you. You acknowledge that the Service may enable or assist you to access the website content of, correspond with, and purchase goods and services from, third parties via third-party websites and that you do so solely at your own risk.

We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party and the use by any such third-party of Your Personal Data.  We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Service. We encourage you to carefully familiarize yourself with the terms of use and privacy policies applicable to any websites and/or services operated by third parties. Please be aware that we are not responsible for the privacy practices of any third parties.

 

10.          How we Protect your Personal Data 

We do our utmost to protect user privacy through the appropriate use of security technology. We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Your Personal Data. In particular, we consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Your Personal Data transmitted, stored or otherwise processed.

 

We restrict access to Your Personal Data to employees, contractors and agents who need to know Your Personal Data in order to operate, develop or improve the Services. We ensure that we have appropriate physical and technological security measures to protect your information and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, our Website or mobile application may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Your Personal Data, we cannot guarantee the security of any data transmitted to us and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that our Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Your Personal Data arising from such risks.

 

All information you provide to us is stored on our (or contracted third party) secure servers. Where we have given you (or where you have chosen) a password which enables you to access any part of our Service, you are responsible for keeping this password confidential. We ask you not to share a password with any person not authorised to use the Service.

 

11.          Personal Data Breach Reporting

We will notify serious Personal Data Breaches in respect of Your Personal Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay. However, it is not necessary to notify the DPC where the Personal Data Breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data Breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.

We will keep a record of any Personal Data Breaches, including their effects and the remedial action taken, and will notify you of any Personal Data Breach affecting Your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Laws. We are not required to notify you of a Personal Data Breach where (i) we have implemented appropriate technical and organisational measures that render Your Personal Data unintelligible to anyone not authorised to access it, such as encryption; (ii) we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or (iii) it would involve disproportionate effort, in which case we may make a public communication instead.

12.          Retention of Personal Data

Your Personal Data will be kept and stored for such period of time as we deem necessary taking into account the purpose for which it was collected in the first instance in line with our data retention policy. This may include retaining Your Personal Data as necessary to administer Your Account, comply with our legal obligations, resolve disputes, enforce our agreements, support business operations, and continue to develop and improve our Service.

 

Where we retain information for our Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyse personal characteristics about you.

 

13.          Amendments to Policy

We may change or update our Policy from time to time and at our sole discretion. The date of the most recent revisions will appear on the top of this Policy. If you do not agree to these changes, please do not continue to use the Service, Website or mobile application. If material changes are made to the Policy, we will notify you by placing a prominent notice on our Website or by sending you a notification in relation to this.

 

14.          How to Contact Us

If you need to contact us with regard to any of your rights as set out in this Policy, all such requests should be made in writing by email to [email protected]