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Privacy policyPP

Terms and conditionsT&C's

Sphere Identity understands that your privacy is important to you. We respect and value the privacy of everyone who uses our Consumer App and Business Platform (“Our Product”) and visits www.sphereidentity.com (“Our Website”), and will only collect and use Personal Information in ways that are described here, and in a way that is consistent with our obligations and your rights under the laws applicable to your Personal Information.

This policy aims to explain what data we collect, how that data is processed and the choices you have regarding the use of, access to and how to update or correct your Personal Information. Please contact us at [email protected] for any queries, or to enforce the rights you may have under any applicable law.

If you are based in the European Economic Area during your interactions with us (other than solely for travel purposes), the laws in those countries require us to provide you with additional information about our processing activities. We have included this information in Appendix A.

Scope

In this Policy, the following terms shall have the corresponding meanings:

“Account”
means an account required to access and/or use certain areas and features of our App or Platform.

“Application” or “App”
means the Sphere Identity mobile application which allows customers to monitor and protect their identity.

“Platform”
means the Sphere Identity Platform which allows businesses to verify customer identity.

“Personal Information”
means any information relating to an identified or identifiable individual. It includes information that you have provided to us or was collected by us from other sources. It may include details such as your name and address, age and gender, personal financial records, identification numbers including your Social Insurance Number and personal references, to the extent permitted by local laws.

“Direct Marketing”
means our communications with you including through mail, telemarketing or email, using your contact information, to inform you about products and services that we think may be of interest and value to you. This does not include communications regarding products or services that you currently have, including improved ways to use the products, or additional features of the products as well as transactional information.

“Cookie”
means a small text file placed on your computer or device when you visit certain parts of our Website.

“Analytics”
means the systematic computational analysis of data or statistics.

“Subject Access Request”
means a request to exercise any of the rights set out in the “What are your rights as a consumer?” section below.

Information about us

Our Product and Our Website are owned and operated by Sphere Identity Limited, registered in New Zealand under company number 6626353, with the registered address of Ground Level, 162 Victoria Street West, 1010 Auckland, New Zealand.

Why is this Privacy Policy important?

This Privacy Policy applies to your use of Our Product and Our Website. It may contain links to other websites. Please note that we do not accept any responsibility or liability for how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

What data does Sphere Identity collect?

Data collected from the Business Platform:

Business Name
Domain Name
Postal address
Contact Information
Primary Contact Name
Primary Contact Email
Business User Email
Business User Full Name
Business User Mobile Number
Billing Email Address
Operations Email Address
Security Email Address
Data Officer Email
Contact Number
Payment Transaction Log
VAT Number

Data Collected from Third Party Services:

IP Addresses
Timestamp from previous login
Customer Operating System
Browser Type
VAT Number
Device Type
Geographic Location
Business User’s Mobile Number

We do not collect any biometric data. We process your fingerprint through your device and do not store or process it on our Product.

How does Sphere Identity use your personal information?

Your personal data may be used for the following purposes:

Enabling Businesses to access Customer Information to verify and authenticate Customer identity
Communicating with you. This may include responding to emails from you;
Supplying you with information by our newsletter;
Updating you on the progress of Sphere Identity products;
Providing customer support
Assisting existing customers with tailor made support based on previous requests.
To monitor certain activities to ensure service quality, compliance with procedures, terms of use and policies, and to combat fraud.
In connection with legal or regulatory obligations, for example, to comply with our regulatory requirements which may include disclosing your personal information to third parties, the court service, and/or regulators or law enforcement agencies.

What are your rights as a consumer?

You have the following rights under laws which may be applicable to your Personal Information, which we will always work to uphold:

The Right to be Informed. You have a right to be fully informed about our collection and use of your personal information. This Privacy Policy should tell you everything you need to know, but you can always contact us at [email protected] to find out more or to ask any questions.
The Right to Access. You may request for us to provide you with a copy of your processed personal information.
The Right to Rectification. You may request for us to rectify any incorrect, inaccurate or incomplete personal information we may have.
Where processing is based on consent, the right to withdraw your consent so that we stop that particular processing.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the data protection regulator in your country.

Who has access to your personal information?

Sharing within the Sphere Identity group:

We may share your Personal Information within the Sphere Identity group for sales and marketing purposes, for legal and regulatory purposes, to manage business risks, to perform analytics, to ensure we have correct or up-to-date information about you (such as your current address or date of birth) and to better manage your relationship with us.

Sub-contractors and agents:

We may use affiliates or other companies to provide services on our behalf such as data processing, account administration, fraud prevention and detection, analytics and marketing. Such companies will be given only the Personal Information needed to perform those services and we do not authorise them to use or disclose Personal Information for their own marketing or other purposes. We have contracts in place holding these companies to the same standards of confidentiality by which we are governed. The table below provides a brief overview of what each third party service does with your data.

Service

Keesing Technologies

Purpose

Verifies the authenticity of passport and driving license information on Our Platform.

Service

Storj, MongoDB

Purpose

Stores all uploaded consumer documents from Our Platform.

Service

Amazon Cognito

Purpose

Uses your mobile number for our multifactor authentication.

Service

Stripes, Alipay

Purpose

Uses your credit card or debit card number, or bank account information), purchase amount, date of purchase, and payment method to process your payments on Our Business Platform.

Service

Coinpayments

Purpose

Uses your full name and email address, to process cryptocurrency payments.

Service

SendinBlue

Purpose

Uses your email address to get in contact with you and send you our monthly newsletter.

Service

Quarderno

Purpose

Uses your VAT number to calculate your tax rate accurately.

Service

Livechat, Botengine

Purpose

Uses your full name, email addresses and device type, operating system type and application version to deliver quick and efficient customer service support.

Service

Pipedrive

Purpose

Uses your full name, email address, mailing address, mobile phone number, and credit card (or other billing information) and geographic area to manage sales customer relationships.

Service

Oneflow

Purpose

Uses full name, email address, phone number, title, workplace and unique identity number to verify identity.

Service

Upcloud

Purpose

Encrypts and stores all user documents from the App.

Sharing with other third parties:

Personal Information may be provided to third parties, including anti-fraud organisations, legal, regulatory or law enforcement authorities in cases of suspected criminal activity or contravention of law, for the detection and prevention of fraud, or when required to satisfy the legal or regulatory requirements of governments, regulatory authorities or other self-regulatory organizations, or to comply with a court order or for the protection of our assets (for example, collection of overdue accounts).

How does Sphere Identity comply with data protection laws?

We have a simple but secure compliance framework.

All our providers are compliant with applicable data protection laws,
Our product is made with privacy by design in mind and
We have Data Protection Agreements (“DPAs”) to ensure that our third party vendors manage your data in a compliant manner.

To ensure you get the best security possible:

All personal data is encrypted from end to end using state-of-the-art cryptography. Sphere Identity cannot view your data without your consent.
We utilise decentralised storage of encrypted documents
Our Product is security and privacy by design centric. It is embedded into the entire software development lifecycle.
Our Product requires multi-factor authentication and does not require a password which can be easily forgotten or misplaced

How long will personal information be kept?

We will not keep your personal data for any longer than is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. If you are a customer and you want to enforce your right to be forgotten, we will delete all your data from our systems within one month. We will also notify all businesses to delete your information within one month of receiving your request.

If you subscribe to our newsletter, your name and email address will be kept in our database unless you choose to opt out of receiving our newsletter. If you opt out, your personal data will be removed within one month.

How secure is my personal information?

Sphere Identity is committed to protecting your personal information. The personal information you provide is stored in secure servers with limited access. However, as no method of transmission or storage is 100% secure, we cannot guarantee its absolute security. Where we have given you (or where you have chosen) a password which enables you to access our Business Platform you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

Does anyone else have access to my personal information?

We will not share any of your personal data with any third parties other than as described in this Privacy Policy.

How can you make a subject access request?

All Subject Access Requests should be made in writing and sent to our email address. In most cases there will be no charge for a Subject Access Request unless the request is unduly complicated or if there are repetitive requests. This is charged to satisfy administration costs.

Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege).

We will respond to your subject access request within 14 working days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

Right to opt out of marketing

If you prefer not to receive our Direct Marketing communications, you can have your name deleted from our Direct Marketing lists by clicking the unsubscribe link in the footer of the email that you receive, by contacting us as set out in the Get In Touch section below.

Cookies policy

We use cookies on the websites. To find out more about how we use cookies, please see our Cookies Policy.

Get in touch

To contact us about any concerns you may have about your personal data and data protection or to make a subject access request, please contact us at [email protected]

Privacy policy amendments

We may change this Privacy Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Website and Product. You may be required to consent to the new privacy policy. We recommend that you check this page regularly to stay updated.

APPENDIX A: European Appendix

This Appendix applies if you are based in the European Economic Area (the EEA) during your interactions with us (other than solely for travel purposes).

It sets out the additional information that we are required to provide you under European data protection law (EU DP Law), including information about rights that you have in relation to your Personal Information that we handle.

Why we collect your data, and who we disclose it to

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. You can find an explanation of each the grounds relied upon by clicking here.

Processing Activity

Enabling Businesses to access Customer Information to verify and authenticate Customer identity

Use bases

Contract performance
Consent
Legitimate interests (to enable us to perform our obligations and provide our services to you)

Processing Activity

Communicating with you. This may include responding to emails from you

Use bases

Contract performance
Consent
Legitimate interests (to enable us to perform our obligations and provide our services to you; to notify you about changes to our services)

Processing Activity

Supplying you with information by our newsletter

Use bases

Legitimate interests (to keep you updated with news in relation to our products and services)

Processing Activity

Updating you on the progress of Sphere Identity products

Use bases

Legitimate interests (to keep you updated with news in relation to our products and services)

Processing Activity

Providing customer support and pursuing sales leads

Use bases

Contract performance
Consent
Legitimate interests (to enable us to perform our obligations and provide our services to you)

Processing Activity

Assisting existing customers with tailor-made support based on previous requests

Use bases

Contract performance
Consent
Legitimate interests (to enable us to perform our obligations and provide our services to you)

Processing Activity

To monitor certain activities to ensure service quality, compliance with procedures, terms of use and policies, and to combat fraud

Use bases

Contract performance
Legal obligations
Legal claims
Legitimate interests (to ensure the quality and legality of our services)

Processing Activity

In connection with legal or regulatory obligations, for example, to comply with our regulatory requirements which may include disclosing your personal information to third parties, the court service, and/or regulators or law enforcement agencies

Use bases

Legal obligations
Legal claims
Legitimate interests (to ensure the quality and legality of our services)

Use Bases

These are the principal legal grounds that justify our use of your information:

Consent:

where you have consented to our use of your information (you will have been presented with consent language in relation to any such use and may withdraw your consent contacting us as set out in the Get In Touch section of the main Privacy Policy).

Contract performance:

where your information is necessary to enter into or perform our contract with you.

Legal obligation:

where we need to use your information to comply with our legal obligations.

Legitimate interests:

where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.

Legal claims:

where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.

Export outside the EEA

Your Personal Information may be accessed by staff, suppliers or other persons in, transferred to, and/or stored at, a destination outside the EEA in which data protection laws may be of a lower standard than in the EEA.

Where we transfer Personal Information from inside the EEA to outside the EEA, we may be required to take specific additional measures to safeguard the relevant Personal Information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export Personal Information to these jurisdictions. In countries which have not had these approvals (see the full list here http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm), we will establish legal grounds justifying such transfer, such as EU Commission-approved model contractual clauses, or other legal grounds permitted by applicable EU DP Law.

Please contact us as set out in the Get In Touch section of this Privacy Policy if you would like to see a copy of the specific safeguards applied to the export of your Personal Information.

Your additional rights

Under EU DP Law, you may have the following rights in relation to your Personal Information—some of which may be additional to those to those set out in the main Privacy Policy. Under certain conditions, you may have the right to:

The Right to Data Portability. If you have provided personal data to us directly, and we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases;
The right to Erasure. You may request for us to delete any Personal Information we no longer have a lawful ground to use;
The right to object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;
The right to object to Direct Marketing; and
The right to restrict how we use your information whilst a complaint is being investigated.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the data protection regulator in your EU country (listed here http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080 ), or in the country where Sphere Identity’s EU Representative is located.

Get in touch

Sphere Identity’s EU Representative is:

Sphere Identity has appointed GDPR-Rep.eu as representative according to Art 27 GDPR. If you want to make use of your GDPR data privacy rights, please visit: https://www.gdpr-rep.eu/q/15737678

You can write to our EU Representative at

GDPR-Rep.eu
Maetzler Rechtsanwalts GmbH & Co KG
Attorneys at Law
c/o Sphere Identity Ltd
Schellinggasse 3/10, 1010 Vienna, Austria

Please add the following subject to all correspondence: GDPR-REP ID: 15737678

Application

These terms and conditions of use (“Terms”) apply to your use of the Sphere Identity (“We/Our/Us”) Website.

By accessing and using Our Website:

you agree to these Terms; and
where your access and use are on behalf of another person or entity, you confirm that you are authorised to, and do in fact, agree to these terms on that person or entity’s behalf and that, by agreeing to these Terms on that person or entity’s behalf, that person or entity is bound by these Terms.

If you do not agree to these terms, you are not authorised to access and use Our Website, and you must immediately stop doing so.

Definitions

For the purpose of these Terms:

Including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Terms means these terms and conditions titled Website Terms of Use
We, us or our means Sphere Identity Limited
Website means http://sphereidentity.com
You or your means you or, if clause 1.2(b) applies, both you and the other person on whose behalf you are acting.

Changes

We reserve the right, at our sole discretion, to change the Terms at any time without notice. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms.

By continuing to access and use the Website after any modification to the Terms, you agree to be bound by the changed Terms.

These terms were last updated on 4th January 2019.

Eligibility

By using the website, you are representing that you are competent and fully able to bind yourself to these Terms.

You understand English, have read, understood and accept these Terms and will only use the Sphere Identity Website in accordance with these Terms.

Suspension and Termination

Notwithstanding anything contained in the Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Website, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

On suspension or termination, you must immediately stop using our Website and must not attempt to gain further access.

Your Obligations

Where providing personal information in your dealings with Sphere Identity, you must ensure that your information is true, current and complete.

You must:

not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [email protected]

You indemnify us against all loss we suffer or incur as a direct or indirect result of your failure to comply with these terms.

Intellectual Property

You acknowledge that we (and our licensors) own all proprietary and intellectual property rights in the Website, including but not limited to all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and any other thing.

No part of the Website may be reproduced, modified, distributed, published in any form, or by any means, without our prior written permission. Any rights not expressly granted herein are reserved, and no title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms.

Disclaimers

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with:

the Website being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that our Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

Limitation of Liability

Sphere Identity does not make any warranty about the reliability of the Website, and to the maximum extent permitted by law:

you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any loss under or in connection with these terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD 500.

To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD 500.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information about you.

How secure is my personal information?

If you sign up to our newsletters and tick the consent box, you consent to Sphere Identity collecting your e-mail address for the purposes of sending you our newsletter.

By signing up to our newsletters, you consent to Sphere Identity providing your e-mail address to SendinBlue as a third party, for the sole purpose of facilitating the distribution of our newsletters to you.

You may opt out of receiving the newsletters at any time by selecting ‘unsubscribe’ at the bottom of any newsletter sent by us.

Live Chat

By using Sphere Identity’s Live Chat service, and ticking the consent box, you explicitly consent to Sphere Identity collecting your IP address, geographical location, frequency of web site and web page visitation and device browser. This is for the purposes of ensuring that we are able to provide you with customer support.

You may withdraw your consent at any time, and all personal data provided by you will be erased.

General

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Any controversy, claim, or dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the courts of New Zealand.

For us to waive a right under these Terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.

If any Term is severed pursuant to clause 13.3, it will have no effect on the operation of any other Term, and the remainder of these Terms will be binding on you.

These terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.