At ESN, we care about your personal data. It is very important to us to be transparent about the data we collect about you, how we use such data and with whom we share it. We do not directly interact with our customers' end users, and all the information that our Customers submit is shared with us on their sole discretion in accordance with the General Service Terms and Conditions, Agreement for Services and Data Processing Agreement concluded with our Customers.
This Policy describes the principles of processing of Personal Data that is submitted to ESN or that otherwise becomes available to ESN in connection with use by the Clients and other users of the Website, Software and Services. This Policy is an agreement between the Clients and ESN, which states how Personal Data submitted by the Clients is processed by ESN on behalf of the Clients. Please read this Policy carefully to understand the practices that ESN applies regarding processing of Personal Data.
This Policy constitutes an integral part of the agreement entered into between the Clients and ESN. By viewing the Website and/or using the Software and Services, the Clients confirm that they have familiarized themselves with this Policy, understood it and agree to its terms. Upon initial registration with ESN, the Clients (via their authorized representatives) also confirm the above-said by creating the account, which declares the Client´s acceptance of and consent to the processing of Personal Data as described in this Policy. This Policy also constitutes an agreement between the Clients (as controllers of Personal Data) and ESN (as processor of Personal Data) in the meaning of article 28 of GDPR (General Data Protection Regulation (EU) No 2016/679 of the European Parliament and Council).
ESN shall be entitled to unilaterally review and amend this Policy from time to time. Therefore, ESN advises to periodically review the Policy in the case of any changes to it. Continued use of the Website, Software and Services means the consent to any such changes. If the Client or other users do not agree with any or all terms of this Policy or any possible changes to it, then they should immediately close the Website and cease using the Software and Services. ESN has drafted this Policy in cooperation with its legal adviser in accordance with the requirements of GDPR. ESN does its best to ensure that processing of Personal Data is in full compliance with applicable legal requirements.
Client(s) means legal persons, who register themselves on the Website and use it and the Software in accordance with the Terms and this Policy for the purpose of using the Services.
Data Subjects means all natural persons, whose personal data is submitted to ESN in connection with using the Website, Software and the Services, including recipients of the Services (clients of the Clients).
GDPR means 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 and repealing Directive 95/46/EC.
Policy means this privacy policy of ESN as amended from time to time.
Personal data means any information relating to an identified or identifiable natural person (‘data subject’). 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.
Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Service(s) means a business text-messaging service for sending notifications, alerts, reminders, confirmations and email or SMS marketing campaigns. Service is rendered via a Website-based platform or by using the Software.
Software means web-based interface, mobile app and other downloadable and integrable software developed and maintained by ESN for the purpose of provision of the Services.
ESN means European Sales Network Sp Zo.o., a limited liability company registered in Poland under company number PL7831768523 with the registered office at OS Stare Zegrze 10/11, ZIP 61-249, Poland, European Union and all its affiliates.
Terms means the terms of service of ESN that establish the terms and conditions of using the Website, Software and Services by the Clients and other users.
Website means the websites of ESN www.esnbusiness.com and, www.iotnext.info
For the purpose of provision of the Website, Software and the Services, ESN processes the Personal Data that the Clients provide about their own clients, who are the recipients of the Services. The types of such data are not restricted and depend on the decision of the Clients how they want to use the Services and generally include the name, contact telephone number, but may also include e-mails, avatars, country, addresses etc.
ESN keeps the register of the Personal Data that it processes in accordance with this Policy.
ESN processes the Personal Data upon:
ESN works closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive Personal Data from them;
ESN sends messages to the Clients by electronic means (e-mail or SMS) with information about improvements of the Website, Software and Services, new proposals and developments (direct marketing). ESN sends such messages to the contact details provided by representatives of the Clients at the moment of registration or updated later. The Clients confirm hereby and guarantee that contact details provided by representatives of the Clients are at all times company details of the Clients, but not personal contact details of representatives and therefore ESN can use such contact details freely to send its marketing messages without any additional obstacles. The Clients may at any time unsubscribe from the newsletters by clicking on the corresponding specific link contained in each newsletter.
ESN processes Personal Data in accordance with the laws of the location of ESN and its affiliates, where the processing of Personal Data is conducted.
ESN processes Personal Data submitted to it by the Clients based on the contracts with the Clients for the purpose of using the Website, Software and Services and to the extent that this data is provided by the Clients.
In accordance with Article 4 (7) of GDPR the Clients are the controllers of Personal Data that they submit to ESN for the purpose of using the Website, Software and Services, including the data regarding clients of the Clients that the Clients submit to send and receive SMSs to and from their clients as recipients. According to Article 4 (8) of GDPR ESN acts as the processor on the Client’s behalf when processing the Personal Data submitted by the Clients. Therefore, the Clients:
When using Services for direct marketing, the Clients are responsible for complying with all the legal requirements in connection with direct marketing and data subjects’ rights. ESN is only providing the platform for sending messages, but the Clients are solely responsible for the content of messages sent using the Services. The Clients understand that there are different legal rules for direct marketing in different countries. When the Services are used for direct marketing, the Clients must comply with all requirements for direct marketing of the country, where the receiver of the direct marketing message is residing. For instance, in EU countries the Clients are obliged to send with direct marketing a message with the information on how the Data Subject can waive from direct marketing and there are also certain requirements for the content of commercial messages.
ESN processes the personal data only on documented instructions from the Clients. The Clients insert these instructions by using Services (e.g. inserting command to send messages to its clients) and by agreeing with the Policy and Terms. The instructions of the Clients for processing of Personal Data must always comply with the applicable laws and ESN reserves to itself the right to refuse to fulfil the instructions that are in the opinion of ESN unlawful.
Taking into account the nature of the processing, ESN shall assist the Clients by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Clients´ obligation to respond to requests for exercising of Data Subject’s rights laid down in GDPR, including the right of access to Personal Data by Data Subjects, right to rectification, right to be forgotten, right to restriction of processing etc. ESN shall accept instructions for fulfilment of the rights of Data Subjects only from the Clients. Should the Data Subjects approach ESN with the requests for fulfilment of their rights, ESN shall inform the Clients and act according to instructions from the Clients. Obligation to delete the data of Data Subjects shall always remain with the Clients and ESN shall not undertake deletion for and on behalf of the Clients, unless otherwise explicitly stipulated in the Policy or Terms.
ESN shall assist the Clients in ensuring compliance with the obligations of guarantying security of processing of Personal Data as established by GDPR while taking into account the nature of processing and the information available to ESN. Inter alia ESN undertakes to:
ESN shall make available to the Clients all information necessary to demonstrate compliance with the obligations laid down in Article 28 of GDPR and allow for and contribute to audits, including inspections, conducted by the Clients or another auditor mandated by the Clients (all at the expense of the Clients). On-site audits and inspections must be agreed with ESN in advance, be conducted during normal working hours and not unreasonably disturb the everyday activity and business of ESN. Right to audits and inspections does not extend to the facilities and premises of Third Parties.
In the course of providing the Services and access to the Website and Software, ESN uses different third party service providers, to whom it may also transfer Personal Data (herein: Third Parties). By virtue of this clause the Clients are fully informed and expressly authorize, totally or partially, to use the corresponding Third Party service providers and provide Personal Data to them, as it may be required. These service providers include the following:
ESN shall inform the Clients of any intended changes concerning the addition or replacement of Third Party processors and give the Clients the opportunity to object to such changes. ESN has the right to stop providing Services to the Clients, who object to the change concerning the addition or replacement of processors. ESN has entered into individual service provision contracts with some of the service providers. With others the relationships are based on the general terms of service of these service providers. Prior to entering into relationships with third party service providers ESN makes its best efforts to guarantee that the terms of processing of Personal Data of its partners are in accordance with the principles of this Policy and applicable laws. For this purpose ESN shall carefully review the terms of processing of Personal Data by its partners. Furthermore, ESN carefully screens the on-going relationships with Third Party service providers and in case of their non-compliance shall immediately terminate relationships with them. ESN may disclose/transfer Personal Data
The Website and Software may contain links that redirect to other websites. For example, when accessing services of a third party such as PayPal when making a payment. This Policy does not apply to such third party websites, which ESN does not operate, and ESN does not accept any responsibility or liability for these policies. ESN advises to review the privacy policies of those third parties.
In connection with some specific development works, troubleshooting of service issues, data storage or other necessary services, ESN may transfer Personal Data to ESN´s con¬tractors, some of which may not be working or operating in the European Economic Area (i.e. 28 European Union countries + Iceland, Liechtenstein and Norway), herein: Third Countries).
Data protection levels in Third Countries might differ from the corresponding level of the European Economic Area, and some Third Countries might have a lower level of data protection. Therefore, in case of the transfer of Personal Data to the Third Countries, the risk of loss, misuse or becoming public of Personal Data may be higher in comparison to the European Economic Area. However, ESN has taken all reasonable measures to protect Personal Data in Third Countries. Our contractors, who process personal data in Third Countries, are contractually obliged to obey the same data protection level as in the European Union.
Given the above said, the Clients hereby explicitly confirm their awareness of the named possibility to transfer Personal Data to Third Countries and the possible risks of such transfers. The Clients hereby explicitly confirm that they have also obtained the explicit consent from all Data Subjects, inter alia their clients, who are recipients of the Services, and their own representatives, as required by legislation to transfer their Personal Data to Third Countries.
ESN shall apply appropriate safeguards when transferring Personal Data to the Third Countries.
ESN takes the appropriate legal, organizational and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied to protect Personal Data from involuntary or unauthorized processing, disclosure or destruction. ESN stores all Personal Data on secured servers. The security measures include:
ESN shall ensure that all its employees, contractors, agents, suppliers and consultants, who have access to the Personal Data are fully aware of and abide by their legal duties and responsibilities.
Employees and other contractors of ESN are obliged by binding agreements not to disclose or make available for use to anyone other than ESN during their agreement with ESN and eternally after its termination any Personal Data that they may have access to during their agreements with ESN.
ESN has door locks in offices from where Personal Data can be accessed.
ESN shall preserve the Personal Data as long as it is required for the use of the Website, Software and Services by the Clients.
The Clients confirm that they agree with the provided above retention and guarantee to inform and obtain necessary approvals from their clients and representatives for application of such retention periods.
Pursuant to the applicable European and national regulations on the personal data protection, you can access or delete your personal data, as well as to exercise other rights in order to have control on how your personal data is collected, used and shared.
Where permitted by applicable law or regulation, you have the right to:
Access your personal data that we process about you and to learn the origin of the data, the purposes of processing and the period for which your personal data will be processed, who are the controllers and processors of your personal data and to whom your data may be disclosed;
Withdraw your consent at any time where your personal data is processed pursuant to your consent;
Update or correct your personal data so that it is always accurate;
Delete your personal data from our records if it is no longer needed for the purposes indicated above;
Restrict the processing of your personal data in certain circumstances;
Obtain your personal data in an electronic format; and
File a complaint with us and/or the relevant data protection authority.
You may exercise these rights by contacting us by the contact information specified below providing your name, email address and purpose of your request.
Where permitted by applicable law or regulation, you have the right to object to the processing of your personal data, or to tell us to stop processing your personal data (including for purposes of direct marketing). Once you have informed us of this request, we shall no longer process your personal data unless permitted by applicable laws and regulations.You may exercise this right in the same manner as for your other rights indicated above.
If you have any questions on how we use your personal data, if you wish to exercise a certain right or to resolve any complaint in respect to the processing of your personal data, you can contact us by sending an email to the following email address:
info@esnbusiness.com