Mercell Nederland's privacy policy for the use of the webpage and Request of demo and Brochure

Introduction

This privacy policy applies only to the information and data collected when surfing on this website and when submitting forms on the negometrix.com webpage. This privacy policy describes how we collect, receive, store, use, transfer and process your data. Moreover, it also describes your rights as a data subject, such as retrieving consent, correcting your personal data, and in general, how to exercise your rights as a data subject. The request for a demo and for a brochure of our service is optional, so in case the user disagrees partially or completely with this privacy policy, the User shall not request such services. This privacy policy does not apply to Mercell’s Netherlands products. The privacy of the Mercell Netherlands products is not governed by the present privacy policy. 

We at Mercell strive to use as little personal data as possible. That is why, for example, we have a different section regarding our cookies policy and the use of any third-party cookie trackers through this Website. If you want to learn more about our cookies policy, please click on the following link.  We partner with HubSpot, a company that provides us with a platform to help us contact you when you request a demo or a brochure. HubSpot is an international company that complies with several data protection frameworks, including the European Union GDPR, among others.  Regardless of this short introduction, users are kindly requested to read our privacy policy entirely and the privacy policy of our processors.

Definitions and Legal References

Before continuing to read our policy, we want to make sure you understand the terminology used in this document. We kindly ask you to get familiar with these definitions before continuing to read this privacy policy. The mentioning of these definitions does not imply the use, collection, or processing of any data that is not strictly mentioned in the respective section of this privacy policy. 

Cookies

Cookies are small sets of data stored in the User’s device when visiting a website, either by the website operator or by third parties the web operator has a relation with. More about cookie policy can be read in the respective policy 

Personal Data (or Data)

Personal data is considered as any information that directly or indirectly, alone or in combination with other types of information, allows one to identify or become identifiable as a natural person. This implies that a variety of information could be considered personal data, such as telephone numbers, e-addresses, among others.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor 

The natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy. In this case, the data processor is HubSpot Inc. More details about the processor can be found in the respective section.

Data Controller 

The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is Mercell Nederland B.V.

European Union  and European Economic Area ( EU/EEA)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Service

The service is described as webpage surfing, a request for a demo, and downloading a Mercell software brochure.

Usage Data

Information is collected automatically through websites, which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

Anyone who uses this Website and those who subscribe to the service of Mercell Nederland B.V. which, unless otherwise specified, coincides with the Data Subject.

Tracker

Tracker is defined as any technology that enables the tracking of Users, for example, by accessing or storing information on the User’s device. Examples of trackers could be Cookies, unique identifiers, web beacons, embedded scripts, e-tags, and fingerprinting.  

Website 

A collection of interlinked Web pages that share a single domain name. Webpage is understood as a hypertext document on the World Wide Web. Web pages are delivered by a web server to the user and displayed in a web browser.

Legal information summary

This privacy statement has been prepared based on provisions of several legislations, including the EU 2016/679 (General Data Protection Regulation), also known as GDPR.

This privacy policy relates solely to the surfing of this Website and its functionality to request a demo and download a brochure. Therefore it does not cover other services, such as the actual usage of one of the Mercell products. 

If not stated otherwise within this document. Mercell Nederland B.V. only collects the data for providing the service. We  collect  First name, Last name, Company name*, Email address*, Phone number, and a Description of what service you are requesting. The requesting of the service is voluntary and entails that the aforementioned information will be processed by Mercell Nederland B.V. to provide the services requested and provide further communication to the user.  The user is at any moment able to request the correction, modification, and erasing of his/her personal data.

Personal Data is collected for the following purposes and using the following services:

  • We collect  First name, Last name, Company name*, email address*, Phone number, and a Description of what service you are requesting. The information marked with a * is mandatory to provide for us to identify you and provide you with a demo or brochure. Moreover, the same information is requested to provide you with a copy of a Mercell software brochure. The information that is not marked with a * in the form is not necessary to provide, and the input of such information shall be considered voluntary and relying on consent. 

Actors involved 

Data Controller

Mercell Nederland B.V.

Rijnzathe 32, 3454 PV Utrecht

VAT NL8063.63.599B01

Mercell Nederland B.V. contact email: security-nl@mercell.com

Data Processor

Hubspot Inc

1 Sir John Rogerson’s Quay, Dublin 2

Phone: +353 1 5187500

Website: https://www.hubspot.com/

Types of Data Collected

The data collected is considered contact information and falls into the definition of personal data. Complete details on each type of Personal Data collected are provided in the previous section of this document. Personal Data may be freely provided by the User, or, in the case of Usage Data, it may be collected and stored in your browser automatically when using a website. However, Mercell Nederland B.V. or any of the partners does not have access to Usage Data. 

Unless specified otherwise, all Usage Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who would like to learn more about how we process and handle their data are welcome to contact Mercell Nederland B.V.

Users are responsible for any third party that obtains, publishes, or shares Personal Data through the use of this Website and confirm that they have given the third party’s consent or such third party has a valid legal basis  to provide the Data to Mercell Nederland B.V.

Methods of processing

Mercell Nederland B.V. takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and other IT tools, following organizational procedures, such as limiting the access of the data and modes strictly related to people and systems needed to fulfill the purposes of the Service. Mercell Nederland B.V. only allows the  Data to be accessible to certain types of persons in charge involved with the operation of this Website (administration, sales, marketing team, legal, system administration) or external parties (such as the stated processor) appointed.  There are no more parties involved than the processor and the controller stated.

Legal basis for processing

Mercell Nederland B.V. may process Personal Data relating to Users if one of the following conditions is applicable:

  • Users have given their consent for one or more specific purposes. The user can at any moment retrieve their consent and finish the subscription service and therefore the processing of personal data;
  • Provision of Data is necessary for the performance of an agreement with the User and/or for any obligations stated in the terms and conduction thereof;
  • Processing is necessary for compliance with a legal obligation to which Mercell Nederland B.V. requires to know information of the data subject;
  • Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in Mercell Nederland B.V.;
  • Processing is necessary for the purposes of the legitimate interests pursued by Mercell Nederland B.V. or by a third party.

Users can at any moment request Mercell Nederland B.V. to clarify the specific legal basis that applies to each case of processing, and in particular, whether the provision of Personal Data is a statutory or contractual requirement or a requirement necessary to enter into a contract. 

Place

The Data is processed at the Controller and processor’s operating offices and in any other places where the parties involved in the processing are located.

We strive to not transfer your data to any location outside EEA; however, depending on the User’s location and the functionalities of our processors, data transfers may involve transferring the User’s Data to a country other than their own. When such a transfer takes place, our processors use the respective mechanism provided in chapter V of the GDPR to ensure compliance with EU/EEA privacy framework. More details can be found at: https://legal.hubspot.com/dpa

Users are also entitled to learn about the legal basis of Data transfers to a country outside the EU, EEA, or to any international organization governed by public international law or set up by two or more countries, and about the security measures taken by Mercell Nederland B.V. to safeguard their Data. Users can contact Mercell Nederland B.V. for more information of the matter

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between Mercell Nederland B.V., and the User shall be retained until such contract has been fully performed or the data user unsubscribes to the service.
  • Personal Data collected for the purposes of Mercell Nederland B.V.’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may be informed if such data storage takes place and regarding the legitimate interests pursued by Mercell Nederland B.V. within the relevant sections of this document or by contacting Mercell Nederland B.V..
  • Mercell Nederland B.V. may be allowed to retain Personal Data for a longer period whenever the User has given consent to prolong the processing, as long as such consent is not withdrawn before the end of the service. Furthermore, Mercell Nederland B.V. may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
  • Once the retention period expires, Personal Data will be deleted. Therefore, the right of access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

The purpose of processing

The Data concerning the User is collected to allow Mercell Nederland B.V. to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests: as well as the following: Contacting the User, managing contacts, and sending messages.

For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data. 

Detailed Information on the Processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  • Fulfilling the service of demo request and contact of the user 
  • Type of data processed: First name, last name, company name*, email address*, phone number, and a description of what service you are requesting
  •  Providing and brochure 
  • Type of data processed: First name, Last name, Company name* and email address*

The Rights of Users

Users may exercise certain rights regarding their Data processed by Mercell Nederland B.V..

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
  • Access their Data. Users have the right to learn and obtain disclosure regarding certain aspects of the processing and request a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, Mercell Nederland B.V. will not process its Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to request and obtain the erasement of their Data from Mercell Nederland B.V. processing and service.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract of which the User is part, or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details About the Right to Object to Processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in Mercell Nederland B.V. or for the purposes of the legitimate interests pursued by Mercell Nederland B.V., Users may object to such processing by providing a ground related to their particular situation to justify the objection.

How to Exercise These Rights

Any requests to exercise User rights can be directed to Mercell Nederland B.V. through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by Mercell Nederland B.V. as early as possible and always within one month.

Additional Information About Data Processing

In addition to what is stated above, the user shall be aware of the following aspects regarding data processing and this privacy policy. 

Processing related to legal or court requirements 

The User’s Personal Data may be used for legal purposes by Mercell Nederland B.V. in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.

The User declares to be aware that Mercell Nederland B.V. may be required to reveal personal data upon request of public authorities.

Additional Information about User’s Personal Data 

In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

Information not Contained in this Policy

More details concerning the collection or processing of Personal Data can be requested from Mercell Nederland B.V. at any time. Please use the contact details provided in this document for such a request.

Changes to this privacy policy

Mercell Nederland B.V. reserves the right to make changes to this privacy policy at any time by notifying its Users on this webpage and possibly within this Website and/or by sending a notice to Users via any contact information available to Mercell Nederland B.V. It is advisable and requested for users to frequently check this page, referring to the date of the last modification listed at the bottom.  In case the changes affect the processing activities performed on the basis of the User’s consent, Mercell Nederland B.V. shall collect new consent from the User, where required.