PRIVACY POLICY ZAPFLOOR BV

 

1. Introduction

This Privacy Policy applies to the Zapfloor platform available via: https://app.zapfloorhq.com/login (the “Platform”) and the Visitor Management Software Application (the “Application”) owned by:

Zapfloor BV

Van immerseelstraat 66

2018 Antwerp (Belgium)

Business Number: BE 0639.786.759

Hereinafter “Zapfloor”, “we” or “us”.

The Platform and/or the Application have been licensed to the “Lessor” (as defined hereunder).

 

The Platform

 

The Platform is a SaaS solution which allows the Lessor of a business centers, a coworking space, a flexible work space, etc. (the “Lessor”) to lease (a part of) these spaces to tenants and to manage and centralize all processes related to these spaces and the tenants via the Platform.

If you are a tenant of (a part of) the building, the Lessor hence remains the Controller of your Personal Data. Zapfloor, as a Processor, will only process your Personal Data on the Lessor’s behalf and on its instructions. This means the Lessor is responsible for providing you with information on how your Personal Data is Processed. For information on how the Lessor handles your information in general, please contact the Lessor.

Personal Data processed by Zapfloor are either (i) entered in the Platform by the user him/herself; (ii) Personal Data provided by the Lessor; or (iii) data feed from third-parties authorized by the Lessor. Zapfloor could potentially process additional Personal Data upon Lessor’s request.

The Application

The Application is a software via which (i) the Lessor of the building can collect information about all visitors of the building, (ii) the tenant of (a part of) the building can collect information about its visitors only.

If you are a visitor of the building, the Lessor hence remains the Controller of your Personal Data. Zapfloor, as a Processor, will only process your Personal Data on the Lessor’s behalf and on its instructions. This means the Lessor is responsible for providing you with information on how your Personal Data is Processed. For information on how the Lessor handles your information in general, please contact the Lessor.

Personal Data processed by Zapfloor are either (i) entered in the Application by the visitor him/herself; (ii) Personal Data provided by the Lessor; or (iii) data feed from third-parties authorized by the Lessor. Zapfloor could potentially process additional Personal Data upon Lessor’s request.

Zapfloor deems the protection of privacy of the utmost importance and wishes to enable you – as user of the Platform or the Application – to inform you over what happens to your Personal Data and your privacy without prejudice to the obligations of the Lessor, who is ultimately responsible for providing you all necessary information.

All capitalized terms that are not defined in this Privacy Policy shall have the meanings as ascribed to them in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”).

By using the Platform or the Application, disclosing your Personal Data, or accepting this Privacy Policy, you expressly agree to the manner in which Zapfloor collects and Processes your Personal Data as described in this Privacy Policy.

2. Who processed your personal data and how can you contact us?

As set out above, the Lessor hence remains the Controller of your Personal Data. Zapfloor, as a Processor, will only process your Personal Data on the Lessor’s behalf and on its instructions. This means the Lessor is responsible for providing you with information on how your Personal Data is Processed. For information on how the Lessor handles your information in general, please contact the Lessor.

Notwithstanding the foregoing, Zapfloor has appointed a privacy officer, whom you can contact. Please note that all questions about your privacy and the Processing of your Personal Data will be forwarded to the Lessor, who will be responsible for answering your questions and requests.

Privacy officer

Email address: [email protected]

3. What Personal Data are Processed?

Zapfloor Processes different categories of Personal Data.

If you are a tenant the following Personal Data might be Processed by Zapfloor via the Platform:

Profile information

Personal Data such as name, address, email address, phone number, date of birth, a picture of the face, user name, job title, job description, company name, personal description (bio), social media links, IBAN bank account number, PIN code number for door access, etc.

Technical information

Personal Data such as data from computers, telephones or other devices on which you use the Platform, your IP address, browser type, etc.

Usage information, history and logs

Personal Data such as duration of use of the Platform, date and time of use of the Platform and consequently also the date and time of use of the building of the Lessor, location from where you have logged in to the Platform, etc.

Cookies

For more information, reference is made to our Cookie Policy.

If you are a visitor the following Personal Data might be Processed by Zapfloor via the Application:

Identification information

Personal Data such as name, address, email address, phone number, date of birth, job title, job description, company name, name of the company you come to visit, etc.

History and logs

History and logs Personal Data such as date and time when the visitor has visited, duration of the visit, etc.

Where Personal Data of a third party are disclosed via the Platform / the Application or with a view to use the Platform/Application, the person communicating the Personal Data guarantees that he has informed that third party and that he has received all necessary consents to communicate the third party's Personal Data.

4. What are the purposes and grounds for the Processing of your Personal Data?

The purpose and principles of the Processing of your Personal Data mainly depends on the category of Personal Data concerned. Below you will find an overview of the purpose and ground of the various Personal Data that we Process.

If you are a tenant your Personal Data will be Processed by Zapfloor for the purposes and the legal grounds set out below:

Profile information

Purpose

Personal Data will be Processed for the creation of a profile on the Platform which allows you to access the Platform and use the Platform with all its functionalities.

 

Grounds for Processing

Performance of the agreement

Technical information

Purpose

Personal Data will be Processed for statistical purposes and in order to simplify the use of the Platform and improve its functioning.

 

Grounds for Processing

Performance of the agreement

Usage information, history and logs

Purpose

Personal Data will be Processed in order to monitor your use of the Platform and consequently your use of the building of the Lessor.

 

Grounds for Processing

Performance of the agreement

Cookies

 

For more information, reference is made to our Cookie Policy.

If you are a visitor your Personal Data will be Processed by Zapfloor for the purposes and the legal grounds set out below:

Identification information

Purpose

Personal Data of visitors will be Processed for safety reasons, to keep track of the people present a the building, for the check-in and check-out of visitors, to inform the tenants and the Lessor about visitors and for statistical purposes.

 

Grounds for Processing

Legitimate interest

History and logs

Purpose

Personal Data of visitors will be Processed for safety reasons, to keep track of the number of people present a the building, for the check-in and check-out of visitors and for statistical purposes.

 

Grounds for Processing

Legitimate interest

The processing of certain of the above-mentioned Personal Data by Zapfloor might be on the basis of Zapfloor’s legitimate interest. The fact that Zapfloor Processes this Personal Data also benefits you as a user of the Platform or Application. Moreover, such Processing of Personal Data shall not create a risk to the fundamental rights and freedoms of you as a user of the Platform or the Application.

The Processing of certain of the above-mentioned Personal Data by Zapfloor and other information you might disclose, is necessary for the performance of the agreement. In the event you refuse to provide these Personal Data, Zapfloor will not be able to comply with certain of their obligations.

The consent you provide is always free, and you have the right to withdraw this consent at any time. Withdrawal of consent does not affect the Processing of Personal Data (i) prior to such withdrawal, (ii) based on a legitimate ground for Processing Personal Data, and (iii) in case of a legitimate interest of the Processing.

5. Receiving and sharing Personal Data

Zapfloor receives your Personal Data in cases as and when:

  • You create a profile on the Platform;
  • You use the Platform;
  • You use the Application;
  • When the Lessor shares information about you through the Platform or Application;

Zapfloor will always share your Personal Data in a minimal way. However sometimes zapfloor needs to share Personal Data with third parties. You therefore provide your express consent to share your Personal Data as described in this Privacy Policy.

Subprocessors of Zapfloor always act under the responsibility of Zapfloor. If Zapfloor contracts Subprocessors, this will always be done in accordance with a Data Processor Agreement that meets the requirements of the GDPR and that protects your Personal Data as well as possible.

Zapfloor may share your Personal Data with third parties for storing and Processing your Personal Data, sending content to you, for optimizing the Platform or Application, etc..

Zapfloor will never share or sell your Personal Data with or to commercial enterprises.

If you are directed, via the Platform or Application, to another application, platform or website through the Platform or Application, other terms and conditions and other privacy and cookie policies may apply. We encourage you to read these terms and conditions and privacy and cookie policies of the other applications, platforms and websites you visit.

6. Transfer of Personal Data to countries outside the European Economic Area (EEA)

In principle, Zapfloor does not transfer your Personal Data to countries outside the EEA. It is, however, possible that Zapfloor - through its Subprocessors - does transfer your Personal Data to countries outside the EEA. Should a less strict protection for Personal Data apply in a specific country than within the EEA, Zapfloor will then ensure that the same level of protection is achieved (e.g. by concluding an agreement with the Processor located in a country outside the EEA).

7. How will my Personal Data be retained?

If you are a tenant, your Personal Data will be retained for as long as the Lessor remains our customer or until the Lessor asks Zapfloor to return or delete your Personal Data.

If you are a visitor your Personal Data will be retained for as long as the Lessor remains our customer or until the Lessor asks Zapfloor to return or delete your Personal Data.

Zapfloor retains your Personal Data in its own databases and/or in the databases of its Subprocessors. You may ask Zapfloor, via the Lessor, to provide a copy of the list of these Subprocessors at any time.

8. How are my Personal Data safeguarded?

Zapfloor has developed appropriate technical and organizational measures, safeguards and assurances to Process your Personal Data in accordance with applicable Belgian and European regulations, in particular to protect your Personal Data against loss, misuse, or unauthorized alteration. Zapfloor maintains a team of technicians, automated systems, and advanced technologies, such as:

  • Data encryption
  • Recovery procedure for restoring the Application / Platform at an alternative location in case of a major technical problem
  • Only authorised persons have access to Personal Data
  • Password protection
  • Data breach procedure
  • Activity logs
  • Secure data centers

Zapfloor makes all reasonable and appropriate efforts to protect the confidentiality of your Personal Data.

Despite the above measures taken by Zapfloor, you should be aware that there are always risks associated with sending Personal Data over the Internet. The security and protection of your Personal Data can never be fully guaranteed.

9. What rights do I enjoy?

If and in as far as provided for in the applicable Belgian and European regulations, you have the right:

  1. to receive confirmation as to whether Zapfloor Processes your Personal Data and, where this is the case, to access the Personal Data that Zapfloor Processes;
  2. to corrections by Zapfloor, without undue delay, of any inaccurate or incomplete Personal Data;
  3. to have your Personal Data deleted by Zapfloor;
  4. to obtain your Personal Data and to transfer them to another Controller or Processor;
  5. to obtain a limitation of the Processing of your Personal Data from Zapfloor, to the extent possible subject to applicable Belgian and European regulations;
  6. to receive your Personal Data in a structured, common and machine-readable format;
  7. to prevent the Processing of your Personal Data and the use of your Personal Data for direct marketing purposes.

You may exercise these rights by contacting the Controller, being the Lessor. since we are the Processor of your Personal Data we will pass on your questions and requests regarding your rights to the Controller.

If and to the extent provided for in the applicable Belgian and European regulations, you have the right to file a complaint with the competent supervisory authority should the Processing of your Personal Data violate the applicable regulations. In Belgium, this is the Data Protection Authority (“Gegevensbeschermingsautoriteit”).

10. Amendments to this Privacy Policy

Zapfloor may amend this Privacy Policy at any time. The date of the most recent version is shown in the top left-hand corner of the Privacy Policy. Amendments are available in the Platform or the Application to keep you informed at all times of the information that Zapfloor collects and of how it uses and shares this information.

Amended versions of this Privacy Policy take effect ten (10) days after their publication on the Platform or Application. Where required they will always be submitted for approval.

11. Consent for disclosure

You acknowledge, confirm, and expressly consent that we may disclose your Personal Data if this is required by law, or if Zapfloor determines in good faith that such disclosure is required in order:

  1. to comply with any pending judicial inquiry, judicial order or litigation pertaining to the Platform or Application;
  2. to compel observance of the general terms and conditions of Zapfloor;
  3. to respond to claims against Zapfloor regarding Personal Data that violate any rights of third parties;
  4. to safeguard the rights, property and safety of Zapfloor, its employees, users, and the general public.

Zapfloor may disclose your Personal Data to competent police or judicial authorities or other official government authorities if Zapfloor deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or if Zapfloor reasonably suspects that such activity may expose Zapfloor or you to any liability.

12. Liability

If Zapfloor has legitimately transmitted your Personal Data to a third party (not being a Subprocessor), Zapfloor shall not be liable for any direct or indirect damages resulting from faulty or unlawful Processing or unlawful use by that third party.

Zapfloor is also not liable when third parties Process or use your Personal Data illegitimately and Zapfloor has taken the appropriate technical and organizational measures to go against such illegitimate Processing or use.

Zapfloor is only liable for direct damages caused by Processing of your Personal Data if it did not comply with its specific obligations as Processor under the GDPR. Zapfloor shall in no event be liable for any special, incidental, indirect or consequential losses or damages.

13. Applicable law and jurisdiction

This Privacy Policy shall be governed, interpreted, and implemented in accordance with Belgian law, which applies exclusively in the event of any dispute.

The Courts of Antwerp, division Antwerp (Belgium) are exclusively competent to decide on any dispute that may arise from the interpretation or implementation of this Privacy Policy, without prejudice to your right to present a dispute before the competent court on the basis of a mandatory statutory provision.

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