Effective: August 10, 2021
Please review this policy in conjunction with our Terms of Service.
When we refer to “ZenQMS”, we mean the ZenQMS entity that acts as the processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below. When we refer to "Members" we mean our clients who are directly in control of the Customer Data they enter into the system, including any personally identifiable data.
ZenQMS may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Member Account setup details, are not provided, we may be unable to provide the Services.
Customer Data will be used by ZenQMS in accordance with Member’s instructions, including any applicable terms in the Customer Agreement and Member’s use of Services functionality, and as required by applicable law. ZenQMS is a processor of Customer Data and Member is the controller. Member may, for example, use the Services to grant and remove access to a Member Account, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.
ZenQMS uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, ZenQMS uses Other Information:
As a ZenQMS Authorized User you should direct your request for deletion/ correction/ amendment of Information to the Member, see ‘Your Rights’ section in this policy. As per clause 3 in the Data Processing Addendum, ZenQMS notifies a Member if any data subject request has been made to it directly from one of the Member’s users.
Data deletion/ correction/ amendment requests for information controlled by ZenQMS (generally “Other Information”) should be made to ZenQMS via email to email@example.com or firstname.lastname@example.org. ZenQMS examines data deletion/ correction/ amendment requests made to it directly within 30 (Thirty) days. We may ask you/ Member to verify your identity, or the data subject’s identity, if different, the reason for the request, and what information is to be deleted/ corrected/ amended. We will also seek the review and approval of such requests from the Member who invited you to the account. We will delete/ correct/ amend your Information following the request if it is found that it does not conflict with ZenQMS ability to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations and regulatory requirements (e.g. 21 CFR Part 11), resolve disputes and enforce our agreements. ZenQMS sends a confirmation to the requester/ Member that Information was deleted/ corrected/ amended. If Information was not deleted/ corrected/ amended for the reasons listed above, ZenQMS notifies the requester/ Member with the reasoning for the request denial.
This section describes how ZenQMS may share and disclose Information. Members determine their own policies and practices for the sharing and disclosure of Information, and ZenQMS does not control how they or any other third parties choose to share or disclose Information. As a general rule, disclosure here is also governed by any in force confidentiality agreements between us and the Customer.
ZenQMS takes security of data very seriously. ZenQMS applies, maintains, and monitors physical, technical, and administrative safeguards in accordance with industry standards as outlined in its System and Data Security related SOPs and Policies, to protect Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Information we collect, process and store, and the current state of technology. Given the nature of communications and information processing technology, ZenQMS cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
Shared responsibility- in alignment with the Terms of Services, it is ZenQMS’ Member’s responsibility to apply physical, technical, and procedural controls that are not under ZenQMS control, to prevent any breaches that may originate in their organization.
While not an exhaustive list, please note the following overview of our approach to security:
To the extent prohibited by applicable law, ZenQMS does not permit use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, the Member is the controller of Customer Data. In general, ZenQMS is the processor of Customer Data and the controller of Other Information.
ZenQMS servers are in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, ZenQMS takes many steps to protect your privacy, as described in this Policy.
In addition, we leverage Third Party Service Providers and Partners who process personal data on our behalf, to provide services to ZenQMS, and their servers may be located outside of the EEA. A full list of the sub-processors we use to process data, is available in the GDPR document in the Auditor Share Account. We take steps to ensure that our vendors offer appropriate safeguards to protect personal data they process on our behalf, and contractually obligate them to process such data in compliance with applicable data protection laws. ZenQMS remains responsible and liable if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the EU GDPR, unless ZenQMS proves that it is not responsible for the event giving rise to the damage.
ZenQMS contractually commits to transfer and process all of its Members’ EU, UK and Swiss data in compliance with the Standard Contractual Clauses (SCCs), which are a valid data export mechanism and which apply as part of ZenQMS' Data Processing Addendum (DPA).
In addition to incorporating SCCs (“Standard Contractual Clauses”), our Data Processing Addendum (DPA) also specifies our commitments to security, confidentiality of processing, limitations on international transfers of personal data, cooperation with data subject rights, notice of security incidents, and more. Members who wish to sign a DPA with ZenQMS may request it by contacting us at email@example.com.
Although the California Consumer Protection Act (“CCPA”) does not apply to ZenQMS, we do comply with its provisions as described below.
Exercising your rights: If you are a California resident, there are some additional rights that may be available to you under the California Consumer Protection Act (“CCPA”). This policy explains the tools that we have made available to you to exercise your data rights under the CCPA, such as the right to deletion and the right to request access to the information we have collected about you. You will not be discriminated against by ZenQMS for exercising any of your privacy rights under the CCPA. In order to protect your information from unauthorized access or deletion, we may require you to provide additional information for verification. If we cannot verify your identity, we will not provide or delete your information. See section ‘Data Retention & Deletion’ in this Policy.
Sharing your personal information: We don't sell your personal information. We do share your information with others as described in the ‘How We Share and Disclose Information’ section of this policy.
Processing your information: This policy describes the categories of personal information we may collect, the sources of that information, and our deletion and retention policies. We’ve also included information about how we may process your information (‘How we Use Information’), which includes for "business purposes" under the CCPA - such as to provide, update, maintain and protect our Services, Websites and business, investigate and help prevent security issues and abuse, for billing, account management and other administrative matters and to develop and provide search, learning and productivity tools and additional features.
If you have any questions or would like to exercise your rights under the CCPA, you can reach out to us at firstname.lastname@example.org or email@example.com.
ZenQMS may transfer your Personal Data to countries other than the one in which you live. To safeguard transfers of Personal Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law ZenQMS participates in the Privacy Shield Frameworks.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, ZenQMS is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to our EU GDPR Rep., Alina Cobarzan, at firstname.lastname@example.org. If requested to remove data, we will respond within a reasonable timeframe as stated in the Data Retention and Deletion section of this Policy.
We will provide an individual opt-out choice for sensitive data; this choice will also fully restrict access to the application.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
ZenQMS’ accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, ZenQMS remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless ZenQMS proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, ZenQMS commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints please should first contact ZenQMS at:
Phone: +1 267 670 8999
Mail: 40 Coulter Ave, Suite 265, Ardmore, PA 19003, USA
ZenQMS DPO: Panos Boudouvas
ZenQMS EU GDPR Rep.: Alina Cobarzan
ZenQMS has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, 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. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
European Union and Swiss individuals also have the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and UK are available here and Switzerland are available here.
40 Coulter Ave, Suite 265
Ardmore, PA 19003