We at GemBox are committed to respecting your online privacy and recognize the need for appropriate protection and management of the Personal Data you share with us.
For the purposes of EU data protection laws and any applicable national implementing laws, regulations and secondary legislation relating to the processing of personal data (together “Data Protection Law”), the data controller is Gembox Ltd.
2. Information we collect
2.1. Data we collect
We may collect and process Personal Data about you. Personal Data, or personally identifiable information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data). We collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
Identity Data: includes first name, maiden name, last name, username or similar identifier, company name.
Contact Data: includes billing address, delivery address, home address, email address and telephone numbers.
Financial Data: includes bank account and the last 4 digits of your credit card.
Transaction Data: includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website of our services.
Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data: includes information about how you use our Website and services, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website and services (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
2.2. How we collect Personal Data
We use different methods to collect data from and about you including via:
Direct Interactions: you may give us your Identity, Contact and Financial Data when you fill in forms or correspond with us by post, phone, email or otherwise. This includes personal data you provide when you register to use our Website or to receive our newsletter, subscribe to use our services, create an account to use our Website or services, request marketing to be sent to you, search for a product or place an order on our Website, participate in discussion boards or other social media functions on our Website, enter a competition, promotion or survey, attend a conference or webinar, give us feedback or contact us and when you report a problem with our Website or services.
Purchases: if you make purchases via our Website or within any services, or register for an event or webinar, we may require you to provide your Identity, Contact, Financial and Transaction Data.
Community: if you register for an online community that we provide, we may ask you to provide us with Identity, Contact, Profile and Technical Data.
Automated Technologies or Interactions: as you interact with our service, Website or emails, we automatically collect Technical Information about your device, browsing actions, patterns and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and similar technologies about your device, and your use of our Website and services. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see the Cookie section below for further details.
2.3. Personal Data we receive from other sources or share with third parties
We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive or share the following personal data about you:
Technical Data: from analytics providers, advertising networks and search information providers, Google (https://policies.google.com/privacy).
Contact, Transaction and Financial Data: from providers of technical, payment and delivery services, FastSpring (https://fastspring.com/privacy).
Identity and Contact Data: from providers of chat/communication services with customers including via email, Deskpro (https://www.deskpro.com/legal/privacy/) and Communiteq (https://www.communiteq.com/privacy-policy/).
Email, Communications and Contact Data: from providers of email communications service providers, Google, Deskpro and Communiteq.
Business, Contact and Financial Data: from CRM service providers who manage contacts and keep a record of communications/interactions with customers, Deskpro.
Contact Data and Financial Data: from our cloud accounting system that stores email and names of persons sent invoices by email, FastSpring.
2.4. Personal Data we collect from other sources
We also collect Personal Data about you from publicly available sources. We may combine this information with Personal Data provided by you. This helps us update, expand, and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. We also use this for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying Contact Data. The Personal Data we collect includes:
Identity and Contact Data: from publicly available sources such as Companies House.
Identity, Contact and Profile Data: that is published about you on social media profiles such as LinkedIn, Facebook, Twitter etc.
3.1. What are Cookies
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of websites. Cookies are sent to your browser from a website and stored on your device. Cookies can be “persistent” or “session” cookies.
We use persistent cookies and session cookies.
3.2. Persistent Cookies
A persistent cookie is stored on a user’s device in between browser sessions which allows the preferences or actions of a user across the Website (or in some cases across different websites) to be remembered. We use persistent cookies to save your login information for future logins to the Website.
3.3. Session Cookies
A session cookie allows the Website to link your actions during a browser session. We use session cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by users and web traffic routing on the Website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Website or close your browser.
3.4. Which cookies we use and why
The table below explains the cookies we use and why we use each of them.
|Google Tag Manager||Analytics cookies||Used for loading other scripts and code into a page.||Up to 2 years|
|Google Optimize||Analytics cookies||Used to measure the performance of different versions of web pages.||Up to 90 days|
|Registration||Sign in cookies||When you sign in, we generate cookies that let us know whether you are signed in or not. Our servers use these cookies to work out which account you are signed in with.||Up to 5 years|
You can set up your browser options, to stop your computer accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use the whole of the Website.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit https://www.aboutcookies.org/ or https://www.allaboutcookies.org/. To opt out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout.
3.5. Do not track
We do not support Do Not Track (“DNT”).
Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.
4. How we use Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing|
|To register you as a new customer||Identity|
|Performance of a contract with you|
|To process and deliver your order including:|
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
Marketing and Communications
|(a) Performance of a contract with you|
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:|
(b) Asking you to leave a review or take a survey
Marketing and Communications
|a) Performance of a contract with you|
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a survey||Identity|
Marketing and Communications
|(a) Performance of a contract with you|
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, updates, reporting and hosting of data)||Identity|
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)|
(b) Necessary to comply with a legal obligation
|To deliver relevant Website and services content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Identity|
Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Website and services, marketing, customer relationships and experiences||Technical|
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Identity|
Marketing and Communications
|Necessary for our legitimate interests (to develop our services and grow our business)|
|To display personal testimonials (success stories) of satisfied customers on our Website in addition to other endorsements||Identity||Your prior consent. Consent can be withdrawn to the publication of a testimonial by sending us an email.|
We will not sell or rent your personal data to anyone.
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may combine information we receive from other sources with information you give to us and information we collect about you. We may use the information we receive from other sources and the combined information for the purposes set out above (depending on the types of information we receive).
5. Disclosure of your Personal Data
We may disclose Personal Data that we collect or you provide us:
- to any member of our group, which means our subsidiaries, and our ultimate holding company and its subsidiaries;
- to business partners, suppliers, and sub-contractors for the performance of any contract we enter in to with them or you to provide services such as IT and system administration services, email communications, hosting services, backup services, credit card processing, research, development, marketing and customer support;
- to analytics and search engine providers that assist us in improving and optimizing our Website;
- to credit reference agencies, for the purpose of assessing your credit score where this is a condition of us entering into a contract with you;
- to professional advisors acting as service providers to us in relation to the Website or our services – including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services;
- to tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances;
- in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets;
- if GemBox Ltd., or substantially all of its assets, is acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets;
- if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, and/or any other agreements; or to protect our rights, property, safety, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6. Where we store your Personal Data
Our services are global and your Personal Data may be stored and processed in any country where we have operations, our staff are located or where we engage service providers engaged in, among other things, the fulfilment of your order, the processing of your payment details or the provision of support services. This will involve a transfer of your personal data to countries outside of your country of residence, where data protection rules are different from those of your country of residence.
Processing or your personal data will involve a transfer of data to countries outside the European Economic Area (“EEA”) or the UK.
Our Site and Services are accessible via the internet and may potentially be accessed by anyone around the world. Other users may access the Site or Services from outside the EEA or the UK. This means that where you chose to post your personal data on our Site or within the Services, it could be accessed from anywhere around the world and therefore a transfer of your personal data outside of the EEA or the UK may be deemed to have occurred.
7. Information security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. For example, all information you provide to us is stored on our secure servers.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like forum threads. The information you share in public areas may be viewed by any user of the Website. We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
8.2. Promotional Offers from us
We will send you marketing emails if you “opt in” to receive marketing emails when registering on our Website, or if you have enquired about, or purchased any of our goods or services from us and you have not opted out of receiving such marketing.
8.3. Third Party Marketing
We will get your express opt-in consent before we share your Personal Data with any third party for marketing purposes.
From time to time, we may provide information to our customers in the form of electronic newsletters. When you subscribe to our newsletter you will be added to our mailing list and will receive emails about our products, offers, and feedback. The emails will come from us, not from third parties. They will be sent directly to the email address that you provide when you subscribe.
8.5. Opt out
Please note that, if you change your mind about being sent marketing emails or our newsletter you can “opt out” at any time by clicking the “unsubscribe” link at the bottom of any marketing email or newsletter. Once you “opt out”, you will no longer receive any marketing emails or newsletter from us. We will continue to communicate with you regarding your service billing and support via email and where we send push notifications from time to time in order to update you about any service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device.
9. Personal Data retention
We retain Personal Data for as long as necessary for the relevant activity for which it was provided or collected including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
For customers who have not purchased our products or services or started a conversation with our support team, this period will be no more than one (1) year. For customers or persons who register on our website we will retain Personal Data for as long as we provide access to our services to you, your account with us remains open or any period set out in any relevant contract you have with us. After you have closed your account or ceased using our services we will delete your data within one (1) year.
We may retain your Personal Data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect to our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes, enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us.
We will retain some anonymised information after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Please note: After you have closed your account or deleted information from your account, any information you have shared with others will remain visible. We do not control data that other users may have copied from the Website or services. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.
10. Legal basis for processing Personal Data
GemBox may process your Personal Data because:
- we need to perform a contract with you;
- you have given us permission to do so;
- the processing is in our legitimate interests and it’s not overridden by your rights;
- we need it for payment processing purposes;
- we need to comply with applicable law.
11. Your rights under the General Data Protection Regulation (GDPR)
If you are located in the EEA, you have certain data protection rights. GemBox aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update, or delete your Personal Data.
- The right of rectification. You have the right to have your Personal Data rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your Personal Data.
- The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where we rely upon your consent to process your Personal Data.
Please note that we may ask you to verify your identity before responding to such requests. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. Our local data protection authority who deals with all EU complaints is: The Croatian Personal Data Protection Agency (Agencija za zaštitu osobnih podataka).
12. “Do not sell my personal information” notice for California consumers under California consumer privacy act (CCPA)
Under the CCPA, California consumers have the right:
- to request that a business that collects a consumer’s Personal Data disclose the categories and specific pieces of Personal Data that a business has collected about consumers;
- to request that a business delete any Personal Data about the consumer that a business has collected;
- to request that a business that sells a consumer’s Personal Data, not sell the consumer’s Personal Data.
13. Links to other websites
14. Children’s privacy
GemBox and this Website are neither designed nor structured to attract children. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 13 years of age. If we are made aware that information is, or has been, submitted by or collected from a child under the age of 13, we will promptly delete this information.