PRIVACY POLICY

 

MB ENTERPRYZE CLOUDWARE LIMITED

(the “Company”)

Updated 14th April 2023

GENERAL

For the purposes of this Privacy Policy, the following words and expressions shall have the following meanings:-

“Company” means MB Enterpryze Cloudware Limited trading as Enterpryze, a company incorporated in Ireland having Registered Number 577148 and its Registered Office at Block 3, Cherrywood Business Park, Loughlinstown, County Dublin.

“Non-Personal Information” meansinformation which cannot be used to identify or contact Users;

 “Personal Information” means information that identifies Users or can be used to identify or contact Users;

“Privacy Policy” means this privacy policy, as may be amended from time to time;

“Terms and Conditions” means the Company’s terms and conditions of service contained on the Company’s website, as may be amended from time to time;

“User” means any person who uses the Website, including any person acting under a person’s username and password;

“Software” means software, documentation and any fonts accompanying the Software whether on disk, in App form, in read only memory, on any other media or in any other form;

“Website” means the online information service website known as enterpryze.com, which may link to other related websites.

The Company respects your right to privacy and is committed to complying with its obligations accordance with applicable data protection legislation, amended from time to time, including the Data Protection Act 2018, the ePrivacy Directive 2002/58 enacted in Ireland by S.I. No. 336 of 2011 and the General Data Protection Regulation EU 2016/679 (“GDPR”) ”Applicable Data Protection Legislation” and UK Equivalent. The Company has prepared this Privacy Policy to describe the manner in which it collects, uses, discloses and otherwise manages Personal Information in connection with the Software, Support and Services offered by the Company. The Company will only process Personal Information in accordance with “applicable data protection legislation” and any Personal Information will be controlled by the Company.

Please read this Privacy Policy carefully. By continuing to access and use the Website and/or Software, Services and Support, Users are deemed to have understood and agreed to the terms of this Privacy Policy in respect of the information collected about them. If a User does not accept the terms of the Privacy Policy, that User should not access or use the Website and Software, and discontinue use of the Services and Support.

In the UK MB Enterpryze Cloudware Limited provides you with regulated account information services as an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services, including account information services.”

LEGAL BASIS FOR PROCESSING

We use your personal information only as permitted by law. Applicable EEA and UK data protection law requires us to have a “legal basis” for each purpose for which we collect your personal information. Our legal basis for collecting and using the Personal Information described in this Privacy Statement will depend on the type of Personal Information and the specific context in which we collect it. However, we will normally process personal information from you when:

• We have your consent to do so;
• We have a contract with you and it is necessary to process your personal information to perform our contract with you, including to provide you with the benefits of the Enterpryze Platform and operate our business;
• The processing is in our legitimate business interests, such as operating our businesses, improving and developing the Enterpryze Platform, communicating with you, marketing our offerings and services and personalising your experience, and to detect illegal activities; and/or
• To comply with legal requirements, including applicable laws and regulations.

INTERNATIONAL DATA TRANSFERS

Data may be transferred to, and processed in, countries other than your country of residence which are subject to regulations different to EEA and UK GDPR regulations. Where we disclose Personal data to a third party in another country, we implement safeguards to ensure your Personal data remains protected.

For individuals in the European Economic Area (EEA) and UK, your data may be transferred outside of the EEA or UK. Where your Personal data is transferred outside the EEA or UK, it will only be transferred to countries that have been identified as providing adequate protection for EEA/UK data, or to a third party where we have approved transfer mechanisms in place to protect your Personal data.

RETENTION

The length of time your Personal data is kept depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with services you’ve requested or to comply with applicable legal, tax or accounting requirements).

Your personal data will be retained for as long as we have a relationship with you and for a period of time afterwards (maximum two years) where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, User’s Personal Data will be deleted or anonymised.

YOUR RIGHTS

Rights of Data Subjects are as set out under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation), Article 12

You have the following rights:

• Right of access:In accordance with Article 15 of the GDPR, you have the right to ask Enterpryze for: (i) your Personal data in an accessible format; (ii) confirmation that your Personal data are or are not being processed; (iii) information about the processing purpose, categories of Personal data processed and who your Personal data is communicated to; and (iv) the storage period of your Personal data or the criteria used to determine that period.
• Right to data portability: In accordance with Article 20 of the GDPR, you have the right to request a copy of your Personal data from us in a format that is structured, commonly used and machine readable so you can provide them to another data controller.
• Right to rectification: In accordance with Article 16 of the GDPR, you have the right to ask us to modify, add to and update your Personal data if they are found to be incorrect, incomplete, ambiguous or out of date.
• Right to erasure (right to be forgotten): In accordance with Article 17 of the GDPR, you have the right to ask us to permanently erase your Personal data as soon as practicable, including when you consider that they are no longer necessary in terms of the purpose for which they were collected or that we are no longer justified in processing them.
• Right to restrict processing: You have the right to ask us to restrict the processing of all or part of your Personal data only in the situations described in Article 18 of the GDPR, being:
• Checking the accuracy of the Personal data that you dispute.
• Helping you confirm, exercise or defend your legal rights, even when Enterpryze no longer needs your Personal data.
• Checking if Enterpryze’s legitimate interests prevail over yours, in the event that you object to your Personal data being processed on the basis of Enterpryze’s legitimate interest.
• Complying with your request to restrict the use of your Personal data rather than erasing them, when the processing of that data has proven to be unlawful.

• Right to object: In accordance with Article 21 of the GDPR, you have the right to object at any time, for reasons relating to your situation, to the processing of your Personal Data for canvassing purposes or a purpose based on legitimate interests. If we cannot demonstrate a legitimate, pressing interest for that processing, we will only continue to process the Personal data not covered by your request.
• Right to withdraw consent. You have the right to withdraw consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Consent can easily be obtained by emailing dpo@enterpryze.com or writing to: MB Enterpryze Cloudware Limited, Unit 3, Block AC, Cherrywood Business Park, Dublin D18 TF72, Ireland.

If you have questions about your Personal Data processing or want to exercise your rights, please contact Enterpryze by emailing our Data Protection Officer at dpo@enterpryze.com and/or posting a letter to MB Enterpryze Cloudware Limited, Unit 3, Block AC, Cherrywood Business Park, Dublin D18 TF72, Ireland, or by completing the contact form on our Website (in the UK you may contact The Information Commissioner’s Office at dpo@ico.org.uk or by writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF).

In your email or letter please state:

• Your full name and email address
• The subject of your request, and if it involves exercising a right:
• The type of right you want to exercise and the reasons justifying it, and
• Where appropriate, your request to exercise that right
• Enterpryze may check your identity before actioning your request.

We will provide you with information about the actions taken as soon as possible, and in any case within one (1) month of receiving your request. This timeframe may be extended to two (2) months for more complex requests. If we cannot action your request, we will tell you why and inform you of your ability to lodge a complaint with a supervisory body or pursue legal recourse.

There is no cost to exercise these rights. However, in the event of blatantly unfounded or excessive requests, Enterpryze reserves the right to (i) require payment of expenses taking into account administrative costs, and (ii) refuse to process those requests.

 

1   CHANGES TO PRIVACY POLICY

The Company may amend this Privacy Policy periodically to reflect changes to its Personal Information practices. Any amended Privacy Policy shall be effective upon the date of publication by the Company. By accessing and using the Website or the Software, Users are accepting that they are bound by the current Privacy Policy. Please check the Privacy Policy regularly to ensure that you are aware of the prevailing terms of the Privacy Policy,

 

2   INFORMATION COLLECTED

2.1   When Users purchase the Software, register to purchase the Software, request information on the Software or request a trial of the Software or use the Website, Support or Services, the Company collects and retains two types of information:

2.1.1   Personal Information, including but not limited to: a User’s name, email address, company name/occupation, telephone number and location. This information is generally provided by Users on a voluntary basis; and

2.1.2   Non-Personal Information which is analytical and statistical data gathered by the Company to monitor how the Software or the Website is used and it includes, for example, information about Users’

2.2   The Company may combine information that it collects or receives through the Software or the Website with information which the Company may receive from other sources and use it pursuant to the terms of this Privacy

2.3    The Company may aggregate or de-identify any information which it collects to limit or prevent identification of any particular User or device. The Company is entitled to use this redacted information as it wishes without restriction and may disclose it to third parties.

2.4    The Company may automatically collect certain information about your use of the Software or the Website including when you use the Software or Website without logging in. The Company may collect information about the computer or device you use to access the Website or use the Software and the Company may, by way of example and without limitation, collect information such as IP addresses, geo-locations, unique device identifiers, device attributes, usage data and transactional data.

 

3   USE OF INFORMATION BY THE COMPANY

3.1   When Users purchase the Software, Support, or Services, the Company may save the details that Users provide and use them to personalise the service it offers to them. In these circumstances, Users may be asked to provide their name, email address, company name, location, phone number and payment This registration information is used to provide and otherwise administer the Website, Services, and Support, including the provision of tailored advertisements, notifications and other offers from the Company or its marketing partners.

3.2   When Users use the Website, they may also sign up to receive the Company’s email newsletter, or other communications. When Users subscribe to the Company’s newsletter, or other communications, the Company will use their email address to send them information about the Website and service offerings which the Company thinks may be of interest to particular Users. Users may remove themselves from the Company’s newsletter list or email communications by clicking the “unsubscribe” link that appears at the bottom of each of the Company’s emails.

3.3   From time to time the Company may offer Users the opportunity to participate in surveys or other customer research. The Company uses this information to help it understand its customers, enhance the Website and the Software and the services it offers, help the members provide more personalised services to the Users and to support its own marketing and promotion efforts.

3.4   When Users send email or other communications, the Company may use and retain those communications in order to process the Users’ inquiries, respond to the Users’ requests and improve the Website and the Software.

3.5 When Users use the ‘Email a Friend’ link on the Website, the Company makes a record of the links to properties that the User has sent to that The Company uses this information to track the popularity of properties and for the internal monitoring of the Website.

3.6   At the time Users register on the Website, the Company may obtain the User’s consent to send it future promotional communications and information on ancillary services offered by the Company or our business partners. If a link is jointly sponsored by the Company and one or more sponsor, Users’ Personal Information may be shared with such sponsors, as specified at the time of collection of your Personal Information. The Company does not control the use, disclosure or security of Users’ Personal Information by other sponsors and recommend Users to review their respective privacy notices or statements.

 

4   DISCLOSURE OF INFORMATION YOU PROVIDE OR WE COLLECT

4.1   The Company will retain access to all Personal Information and Non – Personal Information (the “Data”) that it has collected about Users.

4.2     The Company will not disclose, trade, rent, sell or otherwise transfer Data without Users’ consent, except as set out below.

4.3     If a User has consented upon or subsequent to registration on the Website, the Company may provide any of the Data it collects to carefully screened third parties to contact that User in relation to products or services that the Company thinks may be of interest to that User. If that User later wishes to opt not to be contacted by these third parties in the future, that User should email the Company at the email address set out below.

4.4     The Company may transfer, or otherwise make available, Users’ Data to its affiliates and/or other third parties who assist it with providing the Services. Users’ Data may be maintained and processed by our affiliates and other third party service providers in Ireland and other jurisdictions. The Company’s service providers are given the information they need to perform their designated functions and the Company does not authorise them to use or disclose Data for their own purposes. For additional information about the Company’s service providers, Users should email the Company at the email address provided below.

4.5     From time to time, the Company may use third party analytics services to help understand the Users’ use of its These third party analytics are used to collect data when Users visit the Website or use the Software and analyses this information so that the Company can improve its services, Website or Software. Information which is analysed in this way includes, but is not limited to, the number of unique users who visit the Website, the demographic breakdown of our community users of the Website or the activities that users engage in while on the Website. If a User would like to opt-out of having this information collected and analysed by the Company’s third party analytics, that User should contact the Company at the email address provided below.

4.6     The Company may transfer, or otherwise make available, any information it has about the Users as an asset in connection with a merger or sale, including transfers made as part of liquidation, receivership, insolvency or bankruptcy proceedings, provided that the entity to whom the information is transferred to confirms that it will adhere to the terms of this Privacy Policy as amended from time to time and provided that Data is only used for the purpose that the Users provided it to the Company.

4.7     The Company and its subsidiaries, may provide the Users’ Data in response to a summons, court or regulatory order, statutory instrument or other legally valid inquiry or order or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable Irish or other law. The Company may also disclose Data where necessary for the establishment, exercise of defence of legal claims and as otherwise permitted by law.

4.8     When the Users purchase the Software, Services or Support, they may be presented with links to websites that the Company does not own or operate. Except as provided herein, the Company will not provide any of the Users’ Data to these third parties without the Users’ consent. The Company may provide links to third party websites as a convenience to the Users. Any such links are not intended as an endorsement of or referral to the linked websites. Any linked websites have separate and independent privacy policies, notices and terms of use, which the Company recommends the Users read carefully. The Company does not have any control over such websites and therefore has no responsibility or liability for the manner in which the organisations that operate such linked websites may collect, use or disclose, secure and otherwise treat the Users’ Data.