Privacy Policy

This Privacy Policy is applicable to you as you are a customer and/or a supplier of any BenLink entity (‘Business Partner’). Your trust is of highest priority to us and we treat your Personal Data at all time confidential and are processing your Personal Data only in accordance with the applicable data protection law and especially the requirements set forth under the EU ‘General Data Protection
Regulation’ (‘GDPR’). Thereby information by which you as a particular natural person can be identified or are identifiable (‘Personal Data’) is protected. We would like to use this opportunity to inform you how BenLink processes and protects information by which you as a particular natural person can be identified or are identifiable (‘Personal Data’).

1) Who is processing my Personal Data?

Your Personal Data is processed by BenLink AG, having its headquarter at BenLink AG, Technoparkstrasse 1, 8005 Zurich, Switzerland.

In accordance with this Privacy Policy your Personal Data may be transferred to third parties (this may also include public authorities) so that these recipients can process personal data for their own or our purposes. Third parties are obliged to process the Personal Data exclusively on our behalf and according to our instructions.

Additionally, we may disclose your Personal Data to other recipients if this is so required by law. We also reserve the right to share your Personal Data in accordance with a court order or to assert or defend legal claims or if we consider it necessary for other legal reasons. The recipients of your Personal Data may be located abroad including in countries outside of the EU or the European Economic Area. There may not be an adequacy decision by the European Commission for such country. This means that the level of data protection in such country may not be comparable with the level of data protection in Switzerland or the European Union. To safeguard the security of your Personal Data in the context of such transfers we will use the so-called EU Model Clauses issued by the European Commission.

2) What kind of Personal Data is processed?

We especially process the following Personal Data:

Personal Data of independent business partners: business contact detail (name, business e- mail address and business telephone number, business address), offered and/or purchased services, contract information, communication content, payment information, invoice information and course of business relation.
Personal Data of employees of a business partner and Freelancers: contact detail. This includes name, position, e-mail address, address, telephone number, name of the employer, department, work experience and education.
BenLink has access to Personal Data tracked by TalentLMS the learning management system (www.benlink.talentlms.com). This includes date, time and amount of times logged into the system, test answers and results, number and date of taken courses / tests.

3) From what sources and for what purpose does BenLink process my Personal Data?

The sources of your Personal Data can be you, your colleagues and/or your employer. The provision of your Personal Data is voluntary. This means that you are not obliged to provide your Personal Data to us. Nevertheless, if you do not provide your Personal Data to us we might not be able to communicate with you and may potentially not be able to proceed with our business relationship. We process this Personal Data for the purposes of contractual performance, customer relationship management and business development with you and/or the company you work for. If the company you work for enters into an agreement with us, an additional privacy notice may apply.

4) How and on what legal grounds is BenLink processing my Personal Data?

Processing describes any operation or set of operations which is performed on Personal Data (such as collecting, storing, restraining, organizing, administering, adapting, retrieving, consulting, using,
applying, disclosing, combining, restricting, deleting, destructing or transferring).

While processing your Personal Data we do not make any automated decisions solely based on automatic processing, including profiling, which would produce legal effects concerning you or similarly significantly affect you. We safeguard the security of your Personal Data and protect it against unauthorised or unlawful processing, prevent the risk of loss, unintentional alteration, unintentional disclosure or unauthorised access by appropriate technical and organizational security measures.

The processing of Personal Data is justified as it is either necessary for the performance of a contract or our legitimate interest within the acceptable legal ground according the applicable law.

5) For how long will my Personal Data be stored?

We retain your Personal Data no longer than it is necessary for the purposes indicated in the above. Moreover, we retain Personal Data as long as we have a legitimate interest in the storage, for archiving
purposes and for guaranteeing IT security or in the case of running statutes of limitations (often 10 years, in some cases 5 years or 1 year). We also retain your Personal Data as long as it is subject to a legal
retention obligation.

6) What are my rights with regard to my Personal Data?

ou have especially the right to request:

(a) access to, rectification of, and/or erasure of your Personal Data;
(b) restriction or objection to the processing of your Personal Data;
(c) to no longer receive marketing information; and
(d) (in some circumstances) that your Personal Data are transferred to you or a third party.

To the extent our processing of your Personal Data is based on your consent, you also have the right to withdraw your consent, without affecting the lawfulness of our processing based on your consent before its withdrawal.

To exercise your rights, you can contact us as indicated above. You can also lodge a complaint about the processing of your Personal Data with a data protection authority.

This Privacy Policy is an essential element of our business relationship. If you have any questions, please contact us through simone.wendler@benlink.com (Germany) or ross.ward@benlink.com (UK).

This Privacy Policy was last updated on July 1st, 2019.