This privacy policy (Amended in compliance with the new General Data Protection Regulation- GDPR May 2018), effective as of 25th May 2018, is a commitment made by and between Ben Saad Services Ltd on behalf of itself and all individuals and or entities that we deal with in the ordinary course of business (“Customer”). As of the date stated above:
WHEREAS, Ben Saad Services Ltd and our Customers are parties to this privacy policy Whereby Customer procures certain products and services from Ben Saad Services Ltd; and WHEREAS, the parties desire to agree on and to conform with the requirements of Regulation 2016/679 of the European Parliament and of the Council of the 27th of April 2016 on the protection of natural persons with regard to the collection, processing and storage of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and any implementing, derivative or related legislation, rule or regulation of the European Union (“Union”), a Union member state (“Member State”), or the United Kingdom (“UK”), with respect to personal data (as defined below) that Ben Saad Services Ltd collects, holds or processes (as defined below) on behalf of Customer under the GDPR regulation May 2018;
WHEREAS, all references to BEN SAAD SERVICES LTD in this GDPR Guidelines shall mean Ben Saad Services Ltd that enters a business relationship with the Customer for the provision of Services and all references to Ben Saad Services Ltd shall be construed accordingly.
NOW THEREFORE, in consideration of the promises made herein and the regulations stated, the parties agree as follows:
All capitalized terms used but not defined herein shall have the same meaning as set forth in this policy document. Lower case terms used but not defined in this GDPR Guidelines, such as “personal data”, “personal data breach”, “processing”, “controller”, “processor”, “supervisory authority” and “data subject”, will have the same meaning as set forth in Article 4 of the GDPR.
This GDPR policy applies to the collection, storage and processing of personal data by Ben Saad Services Ltd on behalf of Customers. In this context, Customer is the controller or possessor of Customer personal data and Ben Saad Services Ltd is the collector and processor of such personal data.
Data collection and Processing by Ben Saad Services Ltd shall be governed by the GDPR under Union or governing Member State law as set forth in the Guidelines. In particular, Ben Saad Services Ltd shall:
The subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of data subjects and the obligations and rights of Customer are set forth in the GDPR Guidelines, in particular:
The types of personal data Ben Saad Services Ltd collects and processes: The personal data Ben Saad Services Ltd, It’s Agents and affiliates collect and process may include full name, email addresses, home postal addresses, office/institution postal address, telephone number, mobile phone numbers, business cards and job titles, work section, username and passwords for accessing and using the products and services, education, certifications, professional background and training; gender, photographs, card data (for processing transactions only) bank account data (for direct deposit payments or evidence of sources of fund); government issued identification, including passport numbers (for identification); date of birth (for identification and marketing); nationality (for identification); sanction and watch list data; connection data- IP addresses and computer location details; locale data; other unique identifiers such as IP addresses or device IDs; marketing and advertising responses and preferences; results data from the products and services which may include other third-party data and other types of personal data identified in the GDPR, and/or documents, images or other content containing Personal Data submitted by or at the direction of Customer as part of our registration, transaction processing and AML/TF compliance requirements.
The categories of data subjects may include representatives and end users, including employees, contractors, temporary personnel and its Affiliates, regulators, and other individuals/partners whom personal data is submitted to BEN SAAD SERVICES LTD by or at the direction of Customers as part of a transaction process.
On termination of Customer’s business relationship, Ben Saad Services Ltd shall delete or return personal data, when requested, in accordance with the terms and timelines for the products and services set forth in the GDPR regulation, unless Union, governing Member State, or other applicable law requires storage of the personal data.
BEN SAAD SERVICES LTD customers can see the details we hold of them by clicking on the “my account” button after they signed in on their customer portal. This will display the information we hold of you.
Ben Saad Services Ltd may engage other processors for the processing of Customer personal data in accordance with GDPR safeguards. Ben Saad Services Ltd shall maintain a list of such processors, which Ben Saad Services Ltd may update from time to time. At least 14 days before authorizing any new such processor to process personal data, Ben Saad Services Ltd shall update the list. Customer may object/opt out to the change or use of the new processor without penalty, by initiating the GDPR dispute resolution process, or in the absence of a dispute resolution procedure, and without prejudice to any applicable refund or termination rights Customer has under the Guidelines. Ben Saad Services Ltd shall use reasonable endeavours to change, modify or remove the affected products or services, in order to avoid the collection and processing of Customer personal data by such new processor to which Customer reasonably objects.
Ben Saad Services Ltd shall, to the extent legally permitted, promptly notify Customer of any data subject requests received by Ben Saad Services Ltd and reasonably cooperate with Customer to fulfil its obligations under the GDPR in relation to such requests. Customer shall be responsible for any reasonable costs arising from BEN SAAD SERVICES LTD providing assistance to Customer to fulfil such obligations.
Ben Saad Services Ltd will ensure that, to the extent that any personal data originating from the UK or European Economic Area (EEA) is transferred to a country or territory outside the UK or EEA that has not received a binding adequacy decision by the European Commission or a competent national data protection authority, such transfer will be subject to appropriate safeguards that provide an adequate level of protection in accordance with the GDPR.
1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of data collection and processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons (Customers), Ben Saad Services Ltd shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, as appropriate:
Ben Saad Services Ltd will notify Customer without undue delay after becoming aware of a personal data breach and shall reasonably respond to Customer’s request for further information so that Customer may fulfil his/her obligations under Articles 33 and 34 of the GDPR.
The rights set out in Section C.(3)(h) are subject to the notice, confidentiality and other requirements for conducting audits set forth in the Guidelines. In the absence of such requirements in the Guidelines, the following shall apply: Audits shall be:
If there is any conflict or inconsistency between the terms of this GDPR Guidelines and the terms of the Guidelines, the terms of this GDPR Guidelines will control to the extent required by law. Otherwise, the terms of the Guidelines will control in the case of such conflict or inconsistency.
This GDPR Guidelines and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the governing law set forth in the Guidelines.
The parties irrevocably agree that exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this GDPR Guidelines or its subject matter or formation (including non-contractual disputes or claims) shall be the jurisdiction agreed to by the parties in the Guidelines, by default it shall be primarily assumed to be the UK / EEA member state of the customer.
By default, Ben Saad Services Ltd shall assume consent is given by customers who intentionally sign up to our platforms (including our website, mobile apps and customer transactions software portals) and/or uses any of BEN SAAD SERVICES LTD products and services. Customers have the right to opt out of any data collection and processing activity conducted by Ben Saad Services Ltd, its Agents and Affiliates, as long as it is reasonable and does not violate any regulatory requirement in respect of the use of such product or service.
For further information or clarification, please contact: The Data Protection Officer, Ben Saad Services Ltd, Edmund House, 12-22 Newhall Street, Birmingham, West Midlands, England, B3 3AS Tel: +44 121 7522018, Email: info@bensaad.co.uk
Authorized representative and on behalf of BEN SAAD SERVICES LTD Sabir Saad: CEO- BEN SAAD SERVICES LTD
+44 121 752 2018
