Software as a service (SaaS) subscription agreement (pro-supplier)

SHARP CLOUD SHARP CLOUD PORTAL SERVICES

Privacy And Data Security Policy

 

THIS PRIVACY AND SUBSCRIBER DATA SECURITY POLICY (“PRIVACY POLICY”) SETS OUT THE BASIS ON WHICH SHARP ELECTRONICS (EUROPE) LIMITED (“SHARP”) USES OR PROCESS YOUR DATA WHEN YOU USE THE SHARP CLOUD SHARP CLOUD PORTAL, THE CLOUD PORTAL OFFICE OR ANY SERVICES AND SOFTWARE PROVIDED BY SHARP THROUGH THE SHARP CLOUD PORTAL (COLLECTIVELY THE “SHARP SERVICES”).

 

THE INFORMATION FALLS INTO TWO CATEGORIES:

 

  1. DATA OR INFORMATION REQUIRED FOR YOU TO USE THE SHARP SERVICES; AND
  2. DATA OR INFORMATION IN ANY FORMAT INPUTTED OR UPLOADED TO THE SHARP CLOUD PORTAL BY YOU “SUBSCRIBER DATA”)

 

THESE TWO CATEGORIES ARE TREATED DIFFERENTLY BY SHARP. PLEASE READ THE FOLLOWING CAREFULLY TO UNDERSTAND OUR VIEWS AND PRACTICES REGARDING COOKIES AND BOTH INFORMATION CATEGORIES.

 

YOU WILL BE ACCEPTING THIS PRIVACY POLICY (AS UPDATED FROM TIME TO TIME) BY SELECTING THE RELEVANT ACCEPTANCE OPTION UPON YOUR FIRST USE OF THE SHARP CLOUD PORTAL OR BY ACCESSING ANY OF THE SHARP SERVICES. AN ACCEPTANCE OF THIS PRIVACY POLICY MEANS THAT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY IT. ANY BREACH OF YOUR OBLIGATIONS UNDER THIS PRIVACY POLICY MAY RESULT IN ACTION BEING TAKEN AGAINST YOU. YOU SHOULD REFER TO THE TERMS OF USE FOR MORE INFORMATION ON THESE POTENTIAL ACTIONS.

 

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MUST NOT ACCEPT THE TERMS OF USE OR THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY YOU ARE NOT AUTHORISED TO ACCESS OR USE ANY OF THE SHARP SERVICES FOR ANY PURPOSE WHATSOEVER. 

 

General

1.                  Changes to our privacy policy

Any changes Sharp may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you in such manner as we consider most suitable for the majority of the users of the Sharp Cloud Portal. Please check back frequently to see any updates or changes to this Privacy Policy.

2.                  Contact

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to esbc.support@sharp.eu

COOKIES

3.                  About Cookies

Cookies contain information that is transferred to the computer's hard drive.  You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may find your use of online services or websites may become impacted or limited.

4.                  Our use of Cookies

4.1               Sharp uses cookies to distinguish all users. This helps Sharp to provide our users with the most appropriate experience when using the Sharp Services. It also allows us to improve our customer service the Sharp Services.

4.2               The following cookies may be used at any of the Sharp Services:

(a)           Strictly necessary cookies. These are cookies that are required for the operation of the Sharp Services. They include, for example, cookies that enable a user to log in to secure areas of the Sharp Cloud Portal.

(b)           Analytical/performance cookies. These allow Sharp to recognise and count the number of visitors and to see how visitors move around any of the Sharp Services when they are using them. This helps Sharp to improve the way the Sharp Services work, for example, by ensuring that users are finding what they are looking for easily.

(c)           Functionality cookies. These are used to recognise a user when returning to the Sharp Services. This enables Sharp to personalise our content and remember preferences (for example, choice of language or region).

4.3               Please note that third parties (including, for example, providers of third party applications accessible through the Sharp Cloud portal) may also use cookies, over which Sharp have no control.

 

PASSWORDS

Your access to the Sharp Services shall only be possible by use of one or more password(s). You are responsible for keeping your password(s) confidential. Sharp asks you not to share any password with anyone. We recommend that you change it no less frequently than every two months.

 

If you believe the confidentiality of your password has been compromised in any way or you have forgotten it then you should reset the password immediately and inform the administrator responsible for your access to the Sharp Services immediately.

 

Administrator Access

Where there is an administrator overseeing your access to the Sharp Services then that administrator may be able to:

•             disclose, restrict, delete or access your Subscriber Data;

•             control, amend or remove your access or some of your personal information.

 

Any such access or use is outside of Sharp’s control. Please speak to your administrator or the person paying o your access to the Sharp Services about your rights.

 

INFORMATION REQUIRED FOR YOU TO USE THE CLOUD SHARP CLOUD PORTAL SERVICES

5.                  Data Controller

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Sharp Electronics (Europe) Limited of 4 Furzeground Way, Stockley Park, Uxbridge, Middlesex, UB11 1EZ.

6.                  Information Sharp may collect from you

6.1               Sharp may collect and process the following data about you:

(a)           Information you give Sharp. You may give Sharp information about you by filling in forms that allow you to use and access the services made available to you by Sharp via the Sharp Cloud Portal or by corresponding with Sharp by phone, e-mail or otherwise. This includes information you provide when you register to use the Sharp Services (including if that registration is carried out via one of our approved resellers or distributors), subscribe to our service, place an order through the Sharp Services, participate in discussion boards or other social media functions through or about the Sharp Cloud Portal, upload, download or otherwise input or access Subscriber Data (but not the content of the Subscriber Data) or otherwise use or report a problem with the Sharp Services. The information you give Sharp may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.

(b)           Information Sharp collects about you. With regard to each of your uses of any of the Sharp Services, Sharp may automatically collect information that includes technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, the most appropriate language to present the Sharp Cloud Portal to you, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.

 

(c)           Information Sharp receive from other sources. Sharp works closely with third parties (including, for example, business partners, resellers, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

7.                  Changing or Deleting Your Information

7.1               You can review, update, correct or delete any of the personal information held in your subscription by going to the appropriate section of the Sharp Cloud Portal. Only an administrator can delete your subscription in its entirety.

8.                  Uses made of the information

8.1               Sharp uses information held about you in the following ways:

(a)           Information you give to Sharp. Sharp may use this information:

(i)             to carry out its obligations arising from any contracts entered into between you and Sharp and to provide you with the information, products and services that you request from Sharp;

(ii)           to provide you with information about other goods and services Sharp offer that are similar to those that you have already purchased or enquired about;

(iii)          to notify you about changes to the Sharp Services;

(iv)          to ensure that content from the Sharp Services is presented in the most effective manner for you and for your computer.

(b)           Information Sharp collects about you. Sharp will use this information:

(i)             to administer the Sharp Services and for internal operations, such as troubleshooting;

(ii)           to improve the Sharp Services to ensure that content is presented in the most effective manner for you and for your computer;

(iii)          to allow you to participate in interactive features at the Sharp Services, when you choose to do so;

(iv)          as part of our efforts to keep the Sharp Services safe and secure;

(v)           Information Sharp receives from other sources. Sharp may combine this information with information you give to Sharp and information Sharp collects about you. Sharp may use this information and the combined information for the purposes set out above (depending on the types of information Sharp receives).

9.                  Retaining your Personal Information

9.1               Sharp will retain your information for as long as your subscription is active. If your subscription or access to the Sharp Services is removed then except in rare cases where retention of your information is legally necessary (for example to resolve a dispute), then your information will be deleted from our system within 30 days. It is, however, possible that backed-up versions of the information might exist for a short time after deletion.

10.              Disclosure of your information

10.1           Sharp may share your personal information with any member of its group, which means its subsidiaries, its ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

10.2           Sharp may share your information with its third party service provider for the purpose of securely storing that information in accordance with part 9 of this Privacy Policy.

10.3           Except as stated in this Privacy Policy, Sharp may share your information with selected third parties including, business partners, suppliers and sub-contractors only where such information sharing is necessary for the purpose of assisting you with any issues you have with the Sharp Services when you raise the request for such assistance.

.

10.4           Sharp may disclose your personal information to third parties:

(a)           If Sharp or substantially all of its assets or any aspect of the Sharp Services are acquired by a third party, in which case personal data held by Sharp about its customers may be one of the transferred assets.

(b)           If Sharp is under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Sharp or any of our group companies, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

11.              Where Sharp stores your Personal Data

11.1           All information you provide to Sharp is stored in an encrypted form in Germany on secure servers operated by Fujitsu Technology Solutions. Details of the security at this storage can be provided upon written request.

11.2           The data that Sharp collects from you will not be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may be processed by staff operating outside the EEA who work for Sharp or for one of its suppliers. Such staff may be engaged in, among other things, the supply of your user licence, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. Sharp will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

11.3           Unfortunately, the transmission of information via the internet is not completely secure. Although Sharp will do its best to protect your personal information, Sharp cannot guarantee the security once it is transmitted to the Sharp Services; any transmission is at your own risk. Once Sharp has received your personal information, Sharp will use strict procedures and security features to try to prevent unauthorised access.

12.              Your rights

12.1           Whilst Sharp does not intend to process your personal information for marketing purposes without your permission, you have the right to ask Sharp not to process your personal information for marketing purposes. Sharp will seek your permission if Sharp intends to use your data for such purposes or if Sharp intends to disclose your information to any third party for such purposes. You can also exercise the right at any time by contacting Sharp at esbc.support@sharp.eu.

12.2           The Sharp Cloud Portal may, from time to time, contain links to and from the websites of third parties including our partner networks, providers of third party applications and services and affiliates. It also provides you with the opportunity to use, and have access to, third party services. If you follow a link to any of these websites or use any third party services, please note that they will have their own privacy policies and that Sharp does not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data or Subscriber Data to these websites or use the third party services.

13.              Access to information

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information Sharp hold about you.

 

SUBSCRIBER DATA

14.              Subscriber Data Processing

14.1           Where you upload, download, input or access any Subscriber Data through the Sharp Cloud Portal that includes any personal data then it is both your and our intention that (as relevant) you and/or the company or person that entered into the agreement through which you have obtained access to the Sharp Services (”the Customer”)) shall be the data controller(s) and Sharp shall be a data processor. In any such case you:

(a)           shall ensure that you are entitled to transfer the relevant personal data to Sharp so that Sharp may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf; and

(b)           shall ensure that the relevant third parties have been informed of, and have given their consent to such use, processing, and transfer as required by all applicable data protection legislation.

14.2           Sharp shall process the personal data only in accordance with the terms of our agreements with you or the Customer and any lawful instructions reasonably given by you or the Customer from time to time.

14.3           We shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage but shall not be responsible or liable for any steps taken in accordance with any requests or instructions made by or on behalf of you or the Customer.

15.              Title and Authority in the Subscriber Data

15.1           Sharp shall obtain no right, title and interest in and to any of your Subscriber Data. The correct identity of the owner shall be determined by you and any third parties that may have an interest in it. You warrant and represent that you are fully responsible for the legality, reliability, integrity, accuracy and quality of any Subscriber Data.

15.2           You warrant and represent that you have all necessary permissions, licences or authorities of any kind as may be needed to carry out such actions with the Subscriber Data as you carry out when using the Sharp Services.

15.3           You agree to hold Sharp harmless in relation to any claim made against Sharp regarding any Subscriber Data.

16.              Storage of Subscriber Data

16.1           Subscriber Data is stored in an encrypted form in Ireland on secure servers operated by Amazon Web Services. Details of the security at this storage can be provided upon written request.

16.2           Subscriber Data will not be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may be processed by staff operating outside the EEA who work for Sharp or for one of its suppliers. Such staff may be engaged in, among other things support services. By submitting your Subscriber Data, you agree to this transfer, storing or processing. Sharp will take all steps reasonably necessary to ensure that the Subscriber Data is treated securely and in accordance with this Privacy Policy.

16.3           Unfortunately, the transmission of information via the internet is not completely secure. Although Sharp will do its best to protect your Subscriber Data, Sharp cannot guarantee the security of your Subscriber Data transmitted to the Sharp Services; any transmission is at your own risk. Once Sharp has received your Subscriber Data, Sharp will use strict procedures and security features to try to prevent unauthorised access.

17.              Retaining Subscriber Data

17.1           Your Subscriber Data will be retained until such time as it is deleted, whether that deletion s by you or authorised by you. Once Subscriber Data is deleted it is removed from the Sharp Services and cannot be resurrected by Sharp.

17.2           When your subscription is deleted all Subscriber Data will be deleted from the Sharp Services and will not be retained.

17.3           If an administrator reassigns your subscription to the Sharp Services then it is possible that the person who takes over your subscription will be able to access your Subscriber Data. Sharp gas no control over this and you must speak to your administrator in relation to such circumstances.

Archiving

17.4           The Sharp Services are not intended as an archive or back-up facility. This means that Sharp does not back-up or archive specific data that comprises the Subscriber Data or any personal information except where this may be incidental to maintaining the Sharp Services. If any Subscriber Data or other information is deleted, modified or altered unintentionally, Sharp will not have any means of recovering the previous unmodified, unaltered or undeleted version. For that reason we strongly recommend that any Subscriber Data is not stored only through the Sharp Services.