PERSONAL DATA POLICY


1. General terms and conditions

1.1. eSmiley A/S is a supplier of IT solutions, products and services within food safety. eSmiley A/S is hereinafter referred to as "eSmiley", "we", "our" and "us".

1.2. eSmiley has a clear policy for processing the personal data which our customers and other users of our website make available to us. We always process such data in a responsible manner, with respect for your private life and of course in accordance with legislation within this area. Customers and users are hereinafter referred to as "you" and "your".

1.3. We only process your personal data in accordance with the personal data protection legislation in force in Denmark and in the EU from time to time and any other applicable legislation and/or in accordance with the consent which you have given to eSmiley, if any.

1.4. Below you can read in detail about the data we collect, for which purposes we use it, how we process the data, who has access to the data, your rights and who you can contact about the collected data. We only collect data which you give to us and/or when you use our website. In all such cases you accept that our personal data policy and the terms and conditions stated herein apply to the processing or your personal data.

1.5. We regularly update and amend our personal data policy in order to regularly adapt it to applicable legislation and the technological development. In the event of material amendments we will inform you in the form of a visible notification on our website. The date of the latest update of our personal data policy in 6th of December 2017.

1.6. If you want to know more about the rules for legal processing of personal data, you will find more detailed information on the website of the Danish Data Protection Agency, www.datatilsynet.dk.

1.7. If you have any further questions regarding the personal data which eSmiley processes about you, please contact salg@esmiley.dk.

1.8. eSmiley is the data controller in relation to your personal data and can always be contacted in the following way:

eSmiley A/S, company registration no. 31158907, Richard Mortensens Vej 63, 3., 2300 Copenhagen S, Tel. 70265555, email: salg@esmiley.dk.


2. Which personal data is collected by eSmiley?

2.1. What is personal data?

2.1.1. Personal data is data which is directly or indirectly related to a person. Examples of personal data are name, address, telephone number and email address.

2.2. Which personal data (hereinafter "Data") is collected/processed by eSmiley?

2.2.1. eSmiley collects Data in connection with marketing, purchase and delivery of our IT solutions with appurtenant modules, products and services. This takes place i.a. when you create a profile in connection with a purchase of our IT solutions, equipment, training courses and other products and services, or when you subscribe to our newsletters or ask us to contact you regarding our deliveries, products and services.

2.2.2. We only collect Data which you yourself provide to us through our website or by phone in connection with the above. This includes e.g. name, email, telephone/mobile number, company name, date of birth and information regarding passed/failed training courses and training course diplomas as well as other information in connection with the use of our website.

2.2.3. We further process Data in connection with display of customer cases and videos on our website, when you have given your consent hereto.

2.2.4. You can read more about our use of cookies below.


3. For which purposes does eSmiley use your Data?

3.1. eSmiley only processes your Data in accordance with applicable legislation. We use the information which you have given us for the following purposes:

1) For the delivery and performance of the IT solutions with appurtenant modules, products and services which your company has purchased.

2) We use your email for marketing of our IT solutions with appurtenant modules, products and services.

3) For sending electronic newsletters via the email stated by you.

4) For forwarding training course diplomas/certificates

3.2. The legal grounds for our processing of the Data are the terms and conditions set out in the personal data policy. Accordingly we process the Data if it is necessary for the purpose of fulfilling an agreement entered into by your company with eSmiley, or due to the implementation of measures which you ask us to perform prior to entering into such an agreement. Our processing of the Data may further take place if it is necessary in order for us to pursue a legitimate interest in processing data for example for the purpose of direct electronic marketing of our IT solutions with appurtenant modules, products and services, including electronic newsletters. Finally, we may process the Data subject to consent from you for one or more specific purposes.


4. How does eSmiley store your Data?

4.1. We endeavour to take good care of the Data provided by you about yourself. From the moment we have received the Data, you can trust us to process the Data with the confidentiality and security required by law.

4.2. eSmiley stores the Data provided by you to us for as long as it is relevant in relation to the purposes set out above. This means that we store your Data for as long as there is a contractual relationship between your company and us.

4.3. We are obligated to ensure that your Data is correct and updated. Since our processing of the Data also depends on this, we kindly ask you to inform us of relevant changes in your Data. You can inform us of your changes on salg@esmiley.dk.

4.4. Upon termination of the contractual relationship between your company and eSmiley, we will continue to store your Data for the following purposes:

1) Follow-up marketing of our IT solutions with appurtenant modules, products and services for a period of 5 years. However, you are at any time entitled to decline being contacted by us and request us to delete the Data.

2) Sending a new training course diploma, if the diploma has been lost, for a period of 24 months from the issuance of the diploma.

3) Storing of documentation pursuant to applicable requirements set by governmental and public authorities. In this case we will only store the Data for as long as it is required pursuant to the government requirements in question.

4) We further store Data in anonymous form for the use of statistics regarding our IT solutions with appurtenant modules, products and services.

4.5. We do not encrypt the Data stored by us, but we take good care of your Data through access control and appropriate technical and organizational measures which are checked and updated on a regular basis.

4.6. We further see to it that your Data is stored in such a manner that only relevant employees with a work-related need have access to your Data. See also clause 5 below regarding business partners.

4.7. We will take all reasonable and necessary steps in order to ensure that the Data is processed in a secure manner and in accordance with this personal data policy. Unfortunately, the transfer of Data through the internet is not completely secure. Although we do our utmost to protect your Data, we can consequently not guarantee the security of the Data provided by you online, until the Data in question has been received by us. We meet all relevant requirements for security and security processes in order to prevent unauthorised access, but you send your Data to us at your own risk.


5. Business partners

5.1. eSmiley uses different business partners who supply services to eSmiley. In this connection our business partners act as data processors, i.e. they process the Data on our behalf and in accordance with written instructions on how and in what manner they are allowed to process the Data.

5.2. We use IT suppliers in connection with general operation and maintenance of our website, hosting of our IT solutions and customer databases as well as in connection with customer support. In this connection, your Data may be transferred to countries outside the EU/EEC (a "Third Country"). Transfer of your Data to a Third Country may only take place if the EU Commission has determined that such Third Country has an adequate level of protection pursuant to existing EU personal data protection law. The Data may also be processed by employees outside Denmark who work for us or one of our data processors.

5.3. Our data processors cannot use the Data for any other purpose than for the delivery of services to eSmiley pursuant to our written instructions.


6. Your rights

6.1. According to applicable personal data protection legislation you are as registered customer/user entitled to contact us to request access to and rectification or erasure of your Data. You are further entitled to restriction of processing of your Data and to object to the processing of the Data.

6.2. If relevant, you can contact us as stated above under [link to contact].


7. Complaint to the Danish Data Protection Agency

7.1. You have the option to complain about the processing of your Data. The complaint must be filed to the Danish Data Protection Agency: www.datatilsynet.dk.


8. Cookies

8.1. What are cookies:

8.1.1. A cookie is a simple text file placed on your computer, tablet or smartphone by the website service.

8.2. Why are cookies used:

8.2.1. To help keeping track of where the users move on the website.
8.2.2. To enable the users to start where they left off at their last visit to the website.
8.2.3. To remember your log-in information for you.
8.2.4. To remember the user's preferences.
8.2.5. Marketing towards users after visits to the website.
8.2.6. Optimization of the user-friendliness of the website.
8.2.7. Cookies cannot see who you are, what your name is, where you live or whether the computer is used by one or more persons. Nor can cookies spread computer viruses or other malware.

8.3. Our use of cookies:

8.3.1. eSmiley uses cookies to improve your experience of our website, to assess the use of the individual elements on the website and to support the marketing of our services on the website.

8.4. For how long are cookies stored:

8.4.1. Cookies delete themselves after a certain number of months (may vary), but they are renewed after each visit.

8.5. How to delete or block cookies:

8.5.1. http://minecookies.org/cookiehandtering

8.5.2. If you delete or block cookies, you must be aware that this may influence your use of our website and its functionality.

8.6. Do you have any questions:

8.6.1. If you have any questions regarding cookies and the processing of personal data, we kindly ask you to contact us on info@esmiley.dk.