For easy reading go to: https://zennture.com/privacy-policy-2/
This Privacy Policy of Zennture Ltd. for the domain names “Zennture.com”, "burgate.net", "burgate.cloud" and "burgate.azurewebsites.net" has been posted and is effective as of 5 December 2021.
At ZENNTURE your privacy is important and we are committed to protecting your personal data. As used in this Privacy Policy (this "Policy"), the term "personal data" means data such as: your name, mailing address, e-mail address, internet service provider, telephone number, or other personal information that may be supplied by you or collected about you according to applicable local legislation. We hope that this Policy helps you understand what kind of personal data, if any, we collect at this site and how we handle and use any such personal data after collection.
Applicability
By accessing and using this site, your use indicates your agreement with the terms of this Policy. If you do not agree with this Policy, please do not use this site.
This Policy is applicable to this and certain other ZENNTURE general informational web/mobile sites, but not necessarily all ZENNTURE web/mobile sites or web channels, for which special terms and conditions may apply as indicated. All ZENNTURE sites to which this Policy is applicable are collectively referred to as this "site". Note that special use terms, or site or page specific terms (referred to as "special terms"), may apply to certain pages/services on this site, but the applicability of any such special terms will be expressly indicated. In the event of any inconsistency between any special terms and this Policy, the applicable special terms will prevail over the terms of this Policy.
Anonymous Use
In general, most of this site's pages are provided for informational purposes and you will be able to use this site without telling ZENNTURE who you are or providing ZENNTURE with any personal data about yourself. There are times, however, when in connection with your use of this site ZENNTURE may need information about you.
Personal Data Provided By You
To respond to your questions, fulfil your requests or manage interactive customer programs, it may be necessary to ask for or obtain personal data. If you provide us with any personal data, we may use it to respond to your requests, customize your user experience with us, determine your satisfaction with ZENNTURE products and/or services or contact you via mail, e-mail, mobile message or phone, or, in accordance with local law, contact you via the aforementioned channels to inform you of new products, services or promotions we may offer. By providing information to ZENNTURE through this site, you acknowledge and consent to the collection, use and disclosure of personally identifying information of the type and for the limited purposes described in this Policy.
You expressly accept and give your consent that your personal data obtained in connection with your use of this site may be transferred, if permitted by applicable local legislation, across international borders to server locations supporting this site (including but not limited to transfers from those locations back to the country of your location) for operating and developing this site and ZENNTURE services, including transfers to ZENNTURE subcontractors or agents, as mentioned below, who perform tasks related to this site, or ZENNTURE services, or for the purposes of storing the data in relevant databases, which may be located in the United Kingdom or in any other country where ZENNTURE has operations.
If you place an order for a product, request a service or submit content to this site, we may need to contact you for additional information required to process or fulfil your order and/or request. Unless compelled by applicable law or administrative or judicial order, we will not provide this information to a third party without your permission, except as necessary to process your order, fulfil your requests, manage interactive customer programs or, if you are a corporate user, enable administration of access and usage of this site by authorized personnel in your organization. If allowed by applicable local legislation, ZENNTURE may also exchange information between ZENNTURE's affiliated (related) companies for the purposes mentioned in this Policy.
Because ZENNTURE is committed to protecting your privacy, ZENNTURE does not engage in the practice of selling or trading personal data to other companies for promotional purposes.
Usage Of Subcontractors
We may use subcontractors to provide some products or services to you. We also may need to share your personal data with these subcontractors so that they can provide services to us. Our subcontractors are not permitted to use such personal data for any other purposes and we impose confidentiality requirements on their services.
Visitor Identification - Usage Of "Cookies"
From time to time, information may be placed on your computer to improve this site and ZENNTURE's services for you. This information is commonly referred to as a "cookie", which many web sites use.
Cookies are pieces of data stored on your computer's hard drive or browser, and not on this site. They typically enable collection of certain information about your computer, including your internet protocol address, your computer's operating system, your browser type and the address of any referring sites.
The use of cookies provides benefits to you, such as eliminating the need for you to enter your password frequently during a session, or, where applicable, re-enter items you place in a shopping cart from visit to visit if you do not finish a transaction on an earlier visit. By showing how and when our visitors use this site or other ZENNTURE sites, the use of cookies allows ZENNTURE to continue to improve the sites.
If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view certain parts of this site that may enhance your visit. Some of our business partners whose content is linked to or from this site may also use cookies. However, we have no access to or control over these cookies. This site also makes use of cookies for website traffic analysis and anonymous demographic profiling.
Security
ZENNTURE has endeavoured to take commercially reasonable measures to prevent unauthorized access to and improper use of your personal data submitted to ZENNTURE via your use of this site. For example, ZENNTURE uses encryption technology when collecting financial personal data such as credit card information.
If this site supports on-line transactions, it will use an industry standard security measure, such as the one available through "Secure Sockets Layer" ("SSL"), to protect the confidentiality and security of online transactions. If used, industry standard security measures like SSL authentication ensure that credit card information, as well as other personal data submitted as part of the buying process, is reasonably safe from third party interception.
While there are always risks associated with providing personal data, whether in person, by phone or via the internet or other technologies, and no system of technology is completely safe or "tamper"/"hacker" proof, ZENNTURE has endeavoured to take reasonable precautions which are appropriate to the nature of the information to prevent and minimize such risks in connection with your use of this site.
Accuracy Of Collected Data
ZENNTURE will on its own initiative, or at your request, free of charge, replenish, rectify or erase any incomplete, inaccurate or outdated personal data retained by ZENNTURE in connection with the operation of this site. Please consult the contact information posted below on this page, if any, or elsewhere on this site to determine how best to contact ZENNTURE to update and/or review your personal data and/or opt out of receiving marketing communications from ZENNTURE.
Minors
ZENNTURE's policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on this site without the consent of a parent or legal guardian, unless permitted by applicable local law.
External Links
This site may contain links to other sites. Please note that ZENNTURE is not responsible for the privacy practices or contents of any other sites. We recommend that you read the privacy policies of such sites.
Changes To This Policy
ZENNTURE may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, ZENNTURE will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.
For easy reading go to: https://zennture.com/terms-of-use/
Introduction
We’re excited to have you here but before you start using Zennture, we do need you to look through and accept these terms. These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services. If you still have questions or comments after you’ve read these terms, please go to Contact to get in touch with us.
Last updated on 5 December 2021.
Joining and using Zennture
In this section we explain how to subscribe to Zennture and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.
You and Zennture: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Zennture, we, our or us, we’re talking about the Zennture entity you contract with and pay fees to based on the edition of the Zennture product you’re using. Your contract is with Zennture Ltd. (UK company with registration number 7333513).
Our services: Our services consist of all the services we provide now or in the future, including our online Burgate customs clearance product and other online products.
Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for
your subscription.
People invited to use Zennture: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you’re an invited user, you must also accept these terms to use our services.
User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. If you’d like to read more about user roles and levels of access, check out the information on Zennture Support.
The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user roles and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. For example:
• You control access to a subscription. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time
• You’re responsible for resolving any disputes with any invited users over access to your subscription
• You’re responsible for all your invited users’ activity
Rules: Whatever your role, when you use Zennture you agree to follow the rules outlined under “Do’s and don’ts”. Please read them and make sure you understand what you should and shouldn’t do.
Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable. The stronger the password the better. For more on security generally, check out our security section below.
When we introduce new or revised services: Since we’re always thinking about how to make Zennture the best it can be – seriously, we’ve got teams dedicated to it – we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
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Pricing
Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription based on the pricing of your selected plan. The pricing details and other terms of your subscription are explained when you select your plan.
Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you’ll be billed when you add your billing details into our services, explained in more detail in the pricing plan. If you choose not to continue using our services following a trial, we will delete your organisation.
Zennture pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee) and a transaction fee for each additional transaction above the number stipulated in the subscription (the transaction fee). The pricing plan consists of the subscription, subscription fees and transaction fee we offered you, including invoicing, payment, auto-renewal, and cancellation terms. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. For information on how to change pricing plans, check out the Zennture Support. Subscription fees may be inclusive or exclusive transactional taxes where relevant (like VAT), as reflected in the pricing plan.
Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with the use of our services whenever and wherever levied. Your responsibility includes Customs Import and Export taxes as well as VAT when this applies.
Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that Zennture offers – like Document Understanding. These might incur an additional fee that we’ll let you know about when you sign up for those services.
Importance of timely payments: To continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.
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Data use and privacy
Zennture uses your data to provide our services to you. Our privacy policy is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into Zennture, like your name and email address.
Use of personal data you enter about others: Our Data Processing Addendum (at the end of these terms) will apply to the personal data of others (such as your customers, suppliers, parties and employees) that you enter into Zennture platform.
Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription. Depending on the breach, we will inform the relevant authorities in the United Kingdom.
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Confidential information
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
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Security
We take security seriously and you should too. To help protect our services and your data, we offer added security features such as multi-factor authentication.
Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. We’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account without authorisation and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
Account security features: We may introduce security features to make your account more secure, such as multi-factor authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Zennture’s systems or services to store personal data (unless it’s a field explicitly asking for personal data - like a first name or a last name), credit card details, tax identifiers or bank account details. More information on how to keep your data secure is available in our small business guides and on Zennture Support.
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Apps and third-party products
To help make your Zennture experience even more beautiful, the Zennture ecosystem includes apps and other products and services made available by trusted partners through the Zennture App Store.
Other services: Some of our services, such as our mobile apps or the multi-currency functionality, are available through other companies’ services, such as the Apple or Google App Stores. These companies may have additional terms that apply to you for the use of their service.
Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example, those we make available in the Zennture App Store. Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.
Zennture App Store: You may be able to purchase our services or third-party products through the Zennture App Store. When you connect your subscription to an app, you’re responsible for paying all fees and taxes associated with your use of that app. You authorise us to process these payments for you using the payment method you provide to us.
Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include important things like pricing, refund policies, and how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.
Use of your data to connect you to third party products: If you choose to connect your subscription to third-party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy policy and these terms. If that third-party product is the Gmail app, our use of any data received from Gmail APIs will also comply with Google’s Limited Use Requirements.
Payments to Zennture: Just so you know, some third-party providers may pay Zennture a fee that may be related to: referrals from Zennture; revenue made by the provider; or data that the providers access about you through our services with your consent.
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Maintenance, downtime and data loss
We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.
Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services. For information on how to do that, check out Zennture Support.
No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
Problems and support: If you have a problem, we have excellent support articles available through Zennture Support that should help you with most situations. If you’ve tried Zennture Support and still need help, you can contact our support team.
Modifications: We frequently release new updates, modifications, and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
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Do’s and don’ts
This section is super important because it outlines how you can (and can’t) use our services.
Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
Discussions on Zennture Support: On Zennture Support, you can participate in discussions about our services. Only share private information if you’re happy for others to know it, and don’t post anything you don’t have the right to share.
Limitations: Some of our services may be subject to limits such as a cap on the number of users.
No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
• Undermine the security or integrity of our computing systems or networks.
• Use our services in any way that might impair functionality or interfere with other people’s use.
• Access any system without permission.
• Introduce or upload anything to our services that includes viruses or other malicious code.
• Share anything that may be offensive, violates any law, or infringes on the rights of others.
• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
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Termination
You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.
Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.
Termination by Zennture: Zennture may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Zennture may also terminate or suspend your subscription or access to all or any data immediately if:
• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied,
• you fail to pay subscription fees, or
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
No refunds: No refund is due to you if you terminate your subscription or Zennture terminates it in accordance with these terms.
Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
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Liability and indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the non-excludable guarantees provided by law, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Disputes
This section outlines how disputes may be resolved.
Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Important housekeeping
Here we set out some additional terms. Take a read as they cover important issues.
No professional advice: Zennture isn’t in the business of giving any kind of professional advice related to our online services and products. We may provide you with information we think might be useful in running a small business, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.
Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
Notices: Any notice you send to Zennture must be sent to admin@zennture.com. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may take any of these actions without notice.
Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user as further described on Zennture Support. Zennture may assign these terms - or any of our rights or obligations in these terms - to another Zennture entity as it deems appropriate. Zennture entities are the companies controlled by or under common control with Zennture Ltd. (UK company with registration number 7333513).
Changes to these terms: We sometimes will decide to change these terms of use. Changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Zennture.
Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
Zennture contracting entity; law and venue: Our contracting entity is Zennture Ltd. (UK company with registration number 7333513). The contract is governed by the laws of England and Wales. Disputes are handled by a court in London, the United Kingdom.
Data Processing Addendum
This Data Processing Addendum (the Addendum) forms part of the Zennture Terms of Use as updated or amended from time to time (the Agreement), between you, the Customer (as defined below) and Zennture. All capitalised terms not defined in this Addendum have the meaning set out in the Agreement.
This addendum only applies if and to the extent Zennture processes personal data on behalf of a Customer that qualifies as a controller with respect to that personal data under Applicable Data Protection Law (as defined below).
Definitions: In this Addendum, the following terms have the following meanings:
a) Controller, processor, data subject, personal data, processing (and process) and special categories of personal data have the meanings given in Applicable Data Protection Law
b) Applicable Data Protection Law means the EU General Data Protection Regulation (Regulation 2016/679) (the GDPR) and/or the UK General Data Protection Regulation (the UK GDPR) and any EU Member State and/or UK laws made under or pursuant to the GDPR and/or UK GDPR
c) Customer has the same meaning as ‘you’ in the Terms of Use
Relationship of the parties: The Customer (the controller) appoints Zennture as a processor to process the personal data described in Annex B (the Data) only on the controller’s documented instructions (and as per the terms set out in this Addendum) for the purposes described in the Agreement or as otherwise agreed in writing by the parties (the Permitted Purpose). Each party must comply with the obligations that apply to it under Applicable Data Protection Law.
Prohibited data: Unless explicitly requested by Zennture to do so, the Customer will not disclose (and will not permit any data subject to disclose) any special categories of personal data to Zennture for processing.
International transfers: Zennture will not transfer the Data outside of the European Economic Area (EEA) nor the United Kingdom (UK) unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law. Such measures may include (without limitation) transferring the Data to a recipient in a country that the European Commission and/or the UK Secretary of State (as applicable) has decided provides adequate protection for personal data or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission and/or UK Secretary of State or UK Information Commissioner (as applicable). To this end, you authorise Zennture to enter into standard contractual clauses as your agent and on your behalf with any recipient of Data who is not located in an Adequate Country where this is necessary for compliance with Applicable Data Protection Law.
Confidentiality of processing: Zennture will ensure that any person it authorises to process the Data (an Authorised Person) will protect the Data in accordance with Zennture’s confidentiality obligations under the Agreement.
Security: Zennture will implement technical and organisational measures, which may be amended and updated from time to time, to protect the Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (a Security Incident). Zennture is following the ISO 27001 standard which is globally recognised as the premier standard for information security management system (ISMS).
Subcontracting: The Customer consents to Zennture engaging third-party sub-processors to process the Data for the Permitted Purpose provided that:
(i) Zennture maintains an up-to-date list of its sub-processors, which is available in Annex A, which it will update with details of any change in sub-processors at least 30 days prior to the change;
(ii) Zennture imposes data protection terms on any sub-processor it appoints that require it to protect the Data to the standard required by Applicable Data Protection Law; and
(iii) Zennture remains liable for any breach of this Addendum that is caused by an act, error or omission of its sub-processor. The Customer may object to Zennture’s appointment or replacement of a sub-processor prior to its appointment or replacement, provided such objection is based on reasonable grounds relating to data protection. In such an event, Zennture will either not appoint or replace the sub-processor or, if Zennture determines at its sole discretion that this is not reasonably possible, the Customer may suspend or terminate the Agreement without penalty (without prejudice to any fees incurred by the Customer up to and including the date of suspension or termination).
Cooperation and data subjects' rights: Zennture will provide reasonable and timely assistance to the Customer (at the Customer’s expense) to enable the Customer to respond to:
(i) any request from a data subject to exercise any of its rights under Applicable Data Protection Law; and
(ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Data. If any such request, correspondence, enquiry or complaint is made directly to Zennture, Zennture will promptly inform the Customer, providing full details.
Data Protection Impact Assessment: If Zennture believes or becomes aware that its processing of the Data is likely to result in a high risk to the data protection rights and freedoms of data subjects, it will inform the Customer and provide reasonable cooperation to the Customer in connection with any data protection impact assessment that may be required under Applicable Data Protection Law.
Security incidents: If it becomes aware of a confirmed Security Incident, Zennture will inform the Customer without undue delay and will provide reasonable information and cooperation to the Customer so that they can fulfil any data breach reporting obligations they may have under (and in accordance with the timescales required by) Applicable Data Protection Law. Zennture will further take reasonably necessary measures and actions to remedy or mitigate the effects of the Security Incident and keep the Customer informed of all material developments in connection with the Security Incident.
Deletion or return of Data: Zennture will retain the Data for a period of 5 years after a subscription is terminated in case the Customer later needs access to it. On expiry of this period or on the Customer’s earlier request, Zennture will delete or return the Data in a manner and form decided by Zennture, acting reasonably. This requirement will not apply to the extent that Zennture is required by applicable law to retain some or all of the Data, or to Data it has archived on back-up systems, which Data Zennture shall securely isolate and protect from any further processing.
Annex A – Third Party Sub-Processors
We use one third party sub-processors to help us provide our services to you. These sub-processors process data that you input into the services, which may include personal data. Here we’ve set out some info on who the sub-processors is and the services they provide.
Microsoft Azure, Cloud infrastructure provider, United States
The above service provider provides a range of services including data storage and processing, analytics, text extraction and other services.
Annex B – Data Processing Schedule
1. Subject Matter and Duration of Processing of Personal Data
The subject matter of personal data to be processed is that of the contacts of the Customer entered by or at the election of the Customer into the Zennture platform.
The duration of processing personal data shall be for as long as we have a business relationship with the Customer, and at the end of that relationship, we will act in accordance with clause 1.11 regarding deletion or return of such personal data.
2. Nature and Purpose of Processing Personal Data
The nature and purpose of processing personal data is to enable the functionality of the Zennture platform as set out in the Agreement and related documentation.
3. Types of Personal Data Processed
The types of personal data processed include:
a) names
b) addresses
c) contact details
d) identification details (eg, tax registration numbers)
e) other personal data types for use on the Zennture platform
4. Categories of Data Subjects
The categories of data subjects include:
a) suppliers / service providers of Customer
b) customers / clients of Customer
c) employees / contractors of Customer
d) other contacts of the Customer
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