CloudPay respects the privacy of individuals and is committed to protecting personal data. This Privacy Policy (the “Policy”) addresses personal information collected and processed by CloudPay Inc., and its US subsidiary CloudPay Solutions Inc: (i) at www.CloudPay.net(the “Website”), (ii) via our Global Payroll Managed Services solution (the “Payroll Solution”), and (iii) CloudPay’s job portal, for the purposes of Privacy Shield compliance, and for describing CloudPay’s practices globally for CloudPay entities located outside the United States (all CloudPay entities being “CloudPay”).

 

PERSONAL INFORMATION CLOUDPAY PROCESS

WEBSITE VISITORS 

CloudPay collects personal information about a visitor to our website when you voluntarily supply us with this information, and through Cookies (as hereinafter defined).

For voluntarily collected information, on certain pages you may choose to provide CloudPay with your name, e-mail address, telephone number or other information, to request details about CloudPay, including information about CloudPay’s Payroll Solution. This information enables CloudPay to follow up with you after your visit. If you have voluntarily provided this information, you have consented to the collection and use of your personal information as described in the Policy.

For information collected via Cookies, CloudPay is using technology that many other websites employ, small data files stored on your computer’s hard drive, to collect information (“Cookies”). If your browser is set to accept Cookies, then your browser adds the text in a small file. CloudPay does not use Cookies to read any other information on your computer’s hard drive. CloudPay uses Cookie technology to authenticate your access to various areas of our websites, and tailor its content to your preferences. Cookies help us analyze web traffic in general. You can set your browser to refuse cookies, or to warn you before a cookie is placed.

You may refuse to accept Cookies by activating the setting on your browser which allows you to refuse the setting of Cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies when you log on to our Website. Please note that any third-party sites which are linked via our web site may also use Cookies, over which CloudPay has no control.

CloudPay also uses web beacons, or transparent GIF files, provided by our service provider to report activity on our site. The beacons help us manage our online advertising and measure its effectiveness. These files enable our service provider to recognize a Cookie on your web browser, which in turn enables us to learn which communications are most effective. Either CloudPay or our services providers place the Cookie. The information that CloudPay collects by means of these technologies is anonymous and is not personally identifiable unless you have chosen to identify yourself through a form on the website.

 

PAYROLL SOLUTION USERS

In the normal course of using the Payroll Solution, CloudPay customers and their users may enter personal information into the Payroll Solution. Personal information is generally limited to an individual’s business contact information, and payroll information regarding customer employees. 

 

JOB APPLICANTS

When submitting an application for employment, you will provide CloudPay with the information CloudPay requests in the job portal. If your personal data is provided to CloudPay via a recruitment agency or similar third party, generally CloudPay possesses the information you provided to that third party. CloudPay may also obtain personal data about you from third parties who conduct background checks in accordance with applicable law.

 

USE AND DISCLOSURE OF PERSONAL INFORMATION

CloudPay treats personal information as confidential and CloudPay may only access personal information provided by you to provide the Payroll Solution to you, enhance your use of the Payroll Solution and the Website, and consider you for employment, as applicable. 

CloudPay does not sell any personal information to any third parties. CloudPay may not share any personal information with third parties unless: (i) authorized by you in writing, (ii) with business partners authorized by customers and CloudPay to perform payroll related services for you on CloudPay’s behalf and for the purposes described in this Policy, and only when confidentiality agreements are in place, or (iii) compelled to do so by a governmental authority, regulatory body, or under subpoena or similar governmental request, including to meet national security or law enforcement requirements, or to establish or defend a legal claim, subject to the applicable confidentiality agreement in place with you. CloudPay may use and share information that is in a de-identified form that does not allow an individual or customer to be identified, primarily to enhance your use of the Payroll Solution and for benchmarking purposes.

 

ACCESS

WEBSITE VISITORS

If at any time after registering to receive information, you change your mind about receiving information from CloudPay, please click on the unsubscribe link in the communication. CloudPay acknowledges an individual’s right to access their personal data. If you wish to contact CloudPay directly to access to the personal information that CloudPay holds about you, you may email your request to CloudPay dpo@cloudpay.net. CloudPay will provide you with the information you have sought by email, or if possible, in another form that you have requested. CloudPay may need to verify your identity or to take other steps to respond to your request. If CloudPay decides to deny you access to some or all of your personal information, CloudPay will notify you in writing of our decision and explain why and how you can complain if you are not satisfied with our decision.

 

PAYROLL SOLUTION USERS

In accordance with our acknowledgement regarding your right to access your personal data, if you are an employee of a customer and you seek access, or seek to correct, amend, or delete inaccurate data, you may direct your request to your employer, as our customers generally have administrative rights to make these changes. If our customer, or any employee thereof requests CloudPay to remove any personal information to comply with data protection regulations, CloudPay will respond to the request within thirty (30) business days. If you wish to contact CloudPay directly to access to the personal information that CloudPay holds about you, you may email your request to CloudPay dpo@cloudpay.net. CloudPay will provide you with the information you have sought by email, or if possible, in another form that you have requested. CloudPay may need to verify your identity or to take other steps to respond to your request. If CloudPay decides to deny you access to some or all of your personal information, CloudPay will notify you in writing of our decision and explain why and how you can complain if you are not satisfied with our decision.

 

JOB APPLICANTS

If at any time you seek to amend or correct the information CloudPay possesses about you, please login to our job portal. CloudPay acknowledges the individual’s right to access their personal data. If you wish to contact CloudPay directly to access to the personal information that CloudPay holds about you, you may email your request to CloudPay dpo@cloudpay.net. CloudPay will provide you with the information you have sought by email, or if possible, in another form that you have requested. CloudPay may need to verify your identity or to take other steps to respond to your request. If CloudPay decides to deny you access to some or all of your personal information, CloudPay will notify you in writing of our decision and explain why and how you can complain if you are not satisfied with our decision.

 

USES MADE OF THE INFORMATION

CloudPay uses information CloudPay possess to: (i) ensure that content from our site is presented in the most effective manner for you and for your computer, (ii) provide you with information, products or services that you request from us or which CloudPay feels may interest you, where you have consented to be contacted for such purposes, (iii) carry out our obligations arising from an agreement entered into between your employer and CloudPay, (iv) allow you to participate in interactive features of our service, when you choose to do so, (v) evaluate you for employment, and (vi) to notify you about changes to our Payroll Solution.

 

BASIS FOR PROCESSING UNDER THE GDPR

 Under the General Data Protection Legislation (GDPR) the lawful bases for which CloudPay may rely on to process personal data are: (i) to perform a contract we have entered into, or are about to enter into, (ii) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, (iii) where we need to comply with a legal or regulatory obligation, and (iv) where you have given your consent to the processing of your personal data.

 

ADDITIONAL LEGAL RIGHTS UNDER THE GDPR

Under the GDPR data subjects have several rights subject to certain exemptions:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your erasure request for specific legal reasons which will be communicated to you in writing, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data’s accuracy, (ii) where our use of the data is unlawful but you do not want us to erase it, (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims, or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right may only apply to automated information which you initially provided consent for CloudPay to use or where CloudPay used the information to perform a contract with you.

Withdraw consent at any time where CloudPay is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. CloudPay will advise you if this is the case at the time you withdraw your consent.

 

INTERNATIONAL TRANSFERS OF PERSONAL DATA

CloudPay may share your personal data with CloudPay entities (i) located in the US, (ii) CloudPay entities within the European Economic Area (EEA), (iii) CloudPay entities located outside the US and EEA, and (iv) third parties located outside the EEA and the US. 

When CloudPay transfers personal data out of the EEA, we ensure a similar degree of protection is afforded in the destined country by ensuring at least one of the following safeguards is implemented: (i) countries that have been deemed to provide an adequate level of protection for personal data by the European Commission, (ii) specific contracts approved by the European Commission which give personal data the same protection it has in the EEA, or (iii) countries possessing a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data.

 

TIME PERIOD CLOUDPAY RETAINS PERSONAL DATA

CloudPay retains personal data for as long as necessary to fulfil the purposes CloudPay collected it for, including for the purposes of satisfying any legal, accounting, or other similar 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 unauthorized 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 requirements.

 

CLOUDPAY EU-US PRIVACY SHIELD FRAMEWORK AND SWISS-US PRIVACY SHIELD FRAMEWORK PRIVACY STATEMENT 

CloudPay complies with the applicable provisions of the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from the European Union and Switzerland to the United States, respectively. CloudPay has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view CloudPay’s certification, please visit: https://www.privacyshield.gov/.

 

COMPLAINT HANDLING; DISPUTE RESOLUTION

In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, CloudPay commits to resolve complaints about your privacy and our collection or use of your personal information. Individuals with inquiries or complaints regarding this Privacy Policy should contact CloudPay at: dpo@cloudpay.net.

CloudPay has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Additionally, in accordance with the EU-U.S. Privacy Shield, an individual may, under certain conditions, invoke last resort binding arbitration before a Privacy Shield Panel.

Aside from Privacy Shield, you also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns through our own complaints procedure, which is in line with industry standards, before you approach the ICO. This may enable any issues to be dealt with and resolved more speedily.

 

INVESTIGATIONS; ENFORCEMENT; LIABILITY

As a result of CloudPay’s adherence to the EU-U.S. and Swiss-U.S. Privacy Shield Principles, CloudPay is subject to the investigatory and enforcement powers of the Federal Trade Commission. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US and Swiss-U.S. Privacy Shield Principles, CloudPay is potentially liable.

 

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective and current as of May 25, 2018. CloudPay reserves the right to change, update, modify, add or remove any part of this Policy from time to time and in our sole discretion to reflect changes to technology, our legal obligations and information handling practices. CloudPay will alert you to any changes by indicating on this Policy the date it was last updated. When you visit the site, you are accepting the current version of this Policy as posted on the site at that time. CloudPay recommends that users revisit this Policy on occasion to learn of any changes.

 

SECURITY

CloudPay maintains a comprehensive, written information security program that contains industry standard, administrative, technical and physical safeguards designed to prevent unauthorized access to personal information. CloudPay limits access to personal information to those persons and authorized service providers who have a specific business purpose for maintaining and processing such information. CloudPay’s employees who have been granted physical access to personal information are made aware of their responsibilities to protect the confidentiality, integrity and availability of that information and are providing regular training and instruction on how to do so.

CloudPay limits access to personal information to those persons and authorized third parties who have a specific business purpose for maintaining and processing such information. CloudPay’s employees who have been granted physical access to personal information are made aware of their responsibilities to protect the confidentiality, integrity and availability of that information and are providing regular training and instruction on how to do so. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

CONTACT 

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy notice and any requests to exercise your legal rights and they can be contact at dpo@cloudpay.net.

 

THIRD PARTY LINKS 

Our site may, from time to time, contain links to and from the websites of our partner networks, suppliers, business associates, clients, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that CloudPay does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.