1. WHO WE ARE
ZimKom LTD, is a Mauritius-registered company and the Komatsu dealer for Zimbabwe.
2. PRIVACY STATEMENT
We value the privacy of our data subjects and commit to protect their personal data in accordance with the Applicable Laws.
3. APPLICABILITY
This privacy policy (“Privacy Policy”) applies to any processing by ZimKom of personal data of all our natural stakeholders, including but not limited to our current or future employees, suppliers, creditors, clients, customers, job applicants, shareholders, investors and web users (hereinafter referred to as “data subjects” or “you”). We invite you to read this Privacy Policy which explains the context in which we process your personal data and explains your rights as data subjects and our obligations when we do so.
4. HOW TO CONTACT US
Please email us at: info@zimkom.co.mu
5. WHAT PERSONAL DATA WE COLLECT ABOUT YOU
The personal data we collect include and are grouped as follows –
Contact Information such as your first name, maiden name, last name, title, address, telephone number, mobile phone number, job title, name of employer and email address, and business information which includes identification and your relationship to a person. Address may include both business address and home address where you have provided that to us.
Personal Information such as your date of birth or passport number, or any other identity document details, or signature (whether in ink or electronic form) to enable us to check and verify your identity.
Financial Data such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, bank account and payment card details including security code numbers and other related billing information, as well as, where applicable, information relating to the source of funds and source of revenue.
Transaction Data includes details about payments to and from you and other details of goods/equipment you have purchased from us.
Technical Data (if applicable) includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
Marketing and Communications Data such as your preferences in receiving marketing from us and our third parties and your communication preferences.
Information collected from publicly available resources and credit agencies or any other information needed to enable us to undertake a credit or other financial checks on you.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We do not usually collect ‘sensitive personal data’ also known as Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data and any information about your criminal convictions and offences, if any).
Personal data of children: We do not knowingly collect personal data relating to a child under 18 years.
It is important that the personal data we hold about you is accurate and current. Please keep us informed, if your personal data changes during your relationship with us.
6. HOW WE COLLECT YOUR PERSONAL DATA
We collect most of your personal data from our direct interactions with you in the course of our business, whether when you enter into an employment or business relationship with us, when you apply for a job with us, when you contact us through our contact form or by email and request information about our products, services and offers, engage with our staff for business related purposes, you sign up to receive information from us, or when you browse or use our website.
We may also collect information from third party sources including banks, our referrals and agents, our suppliers, principals, public authorities.
We may also collect information via our automated IT systems. The latter may also include mobile phone applications, such as for our customers. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns, traffic data. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see how we use cookies below for further details.
When wanting to apply for a job with us, you will be:
• able to submit a printed copy of your application to our office.
You may also send to us a ‘spontaneous job application’ for any future job openings.
7.WHY WE PROCESS YOUR PERSONAL DATA
We process your personal data for various purposes including:
1. To manage our employment relationship with you;
2. To manage our business relationship with you as client, customer, supplier, service provider;
3. The use your signature (whether in ink or electronic format), where you are an authorised signatory;
4. To provide you our products;
5. To respond to your request, query or complaint when you fill out a ‘contact us’ form;
6. To consider your application where you have applied for a position with us;
7. To comply with any legal obligations and statutory reporting requirements towards authorities and regulators such as the Mauritius Revenue Authority, Registrar of Companies, Stock Exchange of Mauritius or the Financial Services Commission;
8. To prevent or detect abuse of our products and/or services;
9. To confirm your identity and carry out background checks, including as part of our checks in relation to anti-money laundering, compliance screening and to prevent fraud and other crimes;
10. To personalise your experience on your repeated visits to ZimKom’s website by delivering relevant website content and advertisement to you;
11. To keep a database of customers/clients and potential customers/clients to communicate with in respect of our products and matters related thereto;
12. To enable us to carry out statistical and other analysis to provide better customer service and measure the effectiveness of our communications to you;
13. To pursue direct marketing and advertising;
14. To use data analytics to improve our website, products, services, customer/client relationships and experiences;
15. To administer and protect our business;
16. To ensure security and safety on our premises;
17. To administer and protect ZimKom’s website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
18. Use of photographs/image for communication regarding our business activities of ZimKom LTD; and
19. To fulfil such other purposes as may be related, directly or indirectly to our business activities.
We have described the purposes for which we may use your personal data. We will only use your personal data when the law allows us to and where it is necessary. The lawful bases we rely on when processing your personal data can be:
1. Where you have given your consent; or
2. The processing is necessary:
(a) for the performance of our contract with you or to take steps at your request before entering into a contract; (b) for compliance with our legal obligations, for example any statutory reporting or record-keeping requirements towards authorities and regulators such as the Mauritius Revenue Authority, Registrar of Companies; (c) for the pursuance of our legitimate interests or those of a third party; or (d) for the establishment, exercise or defence of legal claims or proceedings.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights, freedoms and interests. Examples of such ‘legitimate interests’ are data processing activities performed: for the better running of our business; (ii) for the provision and administration and improvement of IT services and network security; (iii) for a better identification on the types of customers we have and a study on their use of our services in order to develop our marketing strategy accordingly; (iv) for the prevention fraud or crime.
We will process your personal data for the purposes mentioned above based on your prior consent, to the extent such consent is required under Applicable Laws. If you send to us a ‘spontaneous job application’ for any future job, you may be contacted by us regarding job vacancies within ZimKom could be of interest to you. We do not share your job applications and associated personal data with other entities. When applying for a position with us, whether for a specific job or as part of a spontaneous job application, we will hold onto your personal data provided to us, for future job openings.
Except for certain information that is required by law, your decision to provide any personal data to us is voluntary. You will therefore not be subject to adverse consequences if you do not wish to provide us with your personal data, or you fail to provide that data when requested. However, please note that if you do not provide certain information, we may not be able to accomplish some or all of the purposes outlined in this Privacy Policy, in particular, we or you may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
We will not use your personal data for purposes that are incompatible with the purposes for which they were collected, and of which you have been informed, unless it is required or authorised by law, or it is in your own vital interest (e.g. in case of a medical emergency) to do so.
We may process your personal data without your knowledge or consent, where this is required or permitted by law. For example, in order to prevent fraud and other illegal activity, and for verification process of any payment transaction or online payment.
We take cautionary measures to ensure we do not collect any personal data from you which we do not need in order to provide our products and services to you. We shall pass on your personal information to our Associated Companies: i) only where you agree, so that they may offer you their products and services; or ii) where we are able to do so in accordance with Applicable Laws.
8. FOR HOW LONG DO WE STORE YOUR PERSONAL DATA?
We only retain your personal data for as long as necessary to fulfil the purposes for which they were collected, including for the purposes of satisfying any legal, accounting, or reporting 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 unauthorised 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.
Your information we use for marketing purposes will be kept with us until you unsubscribe or notify us that you no longer wish to receive our marketing offers or emails and request to destroy your personal information.
By law, we have to keep basic information about you including your Contact Data, Financial Data, and Transaction Data for ten (10) years or such number of years according to the applicable laws, after our dealings with you for statutory, tax and other judicial purposes.
9. WHO THE INTENDED RECIPIENTS OF YOUR PERSONAL DATA ARE
We do not share, sell or trade your personal data with other companies for marketing purposes.
In relation to the purposes for which we collect your personal data, we may have to share your personal data to:
1.Our current or future employees on a need-to-know basis;
2.Third parties such as our preferred service providers (such as IT systems suppliers and support, and other service providers) from whom we require (i) to respect the security of your personal data, and to treat it in accordance with the law, (ii) not to use your personal data for their own purposes, and (ii) only to process your personal data for specified purposes and in accordance with our instructions;
3.Our business partners such as sub-dealers;
4. Our professional advisors that is our accountants, auditors, lawyers, insurers, and bankers;
5. Any public or enforcement authority such as The Mauritius Revenue Authority, Registrar of Companies, Stock Exchange of Mauritius Ltd, Financial Services Commission in Mauritius or such similar authorities abroad to comply with our legal obligation, or in case of a court, administrative or governmental order.
10. HOW ZIMKOM USES YOUR PERSONAL DATA FOR MARKETING PURPOSES
With your express consent, we may send you occasional notifications and/or communications regarding products and services, from our company or important product updates, special offers and promotions. When you subscribe to receive email communications, we may track, such as through cookies, the actions you have taken regarding the emails, such as whether you opened the mail, or clicked on a specific link or your location when you opened the mail based on IP address. We may then use your Contact Data, Technical, Usage and Profile Data to form a view on what we think may be of interest to you. This is how we decide, which services and promotions may be of interest for you. We may also send you marketing material where you have requested a quote or information about our product and/services, entered into a contractual relationship, participated in a competition with us or subscribing on our website.
We may obtain our marketing data through our direct interactions with you or through our automated technologies. Unless otherwise is expressly written by ZimKom when you are being asked to provide your consent, your express consent to receive marketing material or latest news from us will entitle you to receive such marketing material or latest news.
11. WHAT ARE YOUR RIGHTS IN RESPECT OF MARKETING COMMUNICATIONS
If you no longer wish to receive our latest news or marketing information, let us know by contacting us or click on the “Unsubscribe” link at the bottom of our email sent to you and you will be redirected to a confirmation page that confirms you have been unsubscribed. Upon confirmation, you will be removed from our contact list for direct marketing purposes.
Note that we will retain minimum personal data (for example, personal data provided to us as a result of previous service experience) as a record that you unsubscribed and to avoid contacting you again.
12. TRANSFER OF YOUR PERSONAL DATA
When sharing your personal data, whether this involves transferring your personal data outside Mauritius, we ensure this is done in accordance with the Applicable laws. Kindly note that when we transfer data abroad, some countries may not have the same degree of protection under their laws, however we impose contractual obligations on the recipients of the data to ensure a similar degree of security and protection is afforded to it.
13. THE STEPS WE TAKE TO PROTECT YOUR PERSONAL DATA
We maintain organisational, physical and technical security measures (i) to prevent your personal data from unauthorised access, alteration, disclosure, accidental loss, and destruction, and (ii) based on the nature of the personal data, to protect your personal data from the harm that may result in unauthorised access, alteration, disclosure, destruction of the data and its accidental loss.
Unfortunately the transmission of data via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted over the internet. Any transmission is at your own risk.
We require all our service providers to have appropriate measures in place to treat your personal data securely.
Where we have provided you with or you have chosen a password enabling you to access a personalised area on our website, you are responsible for keeping this password confidential. We advise you not to share it with anyone.
We limit access to your personal data to our employees, agents, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
ZimKom also maintains 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.
14. YOUR RIGHTS IN RESPECT OF THE PROCESSING OF YOUR PERSONAL DATA
Unless otherwise stated by the Applicable laws, you have the right to:
Lodge a complaint at any time with the Data Protection Commissioner of Mauritius (the “Commissioner”) whose office is at Level 5, SICOM Tower, Wall Street, Ebene Cyber City, Ebene, Mauritius, by emailing any complaint to dpo@govmu.org.
Lodge a complaint at any time with the Data Protection Commissioner of Mauritius (the “Commissioner”) whose office is at Level 5, SICOM Tower, Wall Street, Ebene Cyber City, Ebene, Mauritius, by emailing any complaint to dpo@govmu.org.
If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can lodge a complaint with the Commissioner by writing to dpo@govmu.org.
We would appreciate the chance to deal with your concerns before you approach the Commissioner or any other regulatory authority, so please contact us in the first instance.
15. HOW ZIMKOM USES COOKIES
A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie alone is in no way linked to any personally identifiable information while on our website. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file instructions.
These are the types of cookies collected:
Category 1 – Strictly Necessary Cookies:
These cookies are essential in order to enable you to move around our website and use its features, such as accessing secure areas of our website.
Category 2 – Performance Cookies:
These cookies collect information about how visitors use our website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies do not collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our website works.
Category 3 – Functionality Cookies:
These cookies allow our website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise.
Category 4 – Targeting Cookies or Marketing Cookies
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of our advertising campaigns.
By using www.zimkom.co.mu you agree that we can place these types of cookies on your device. These cookies can be removed by following internet browser help file instructions.
16. CHANGE TO THIS PRIVACY POLICY
This Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without notifying you, and we expect such changes to be minor. Regardless, we will communicate in our company or post on our website any changes to this Privacy Policy.
17. REVISION HISTORY
COPYRIGHT NOTICE AND DISCLAIMER
All contents featured on our website (including photos, design, codes, texts, logos and trademarks) are the sole property of ZimKom LTD and cannot be used on any type of support without the prior consent of ZimKom LTD. Should you have any query, please do not hesitate to contact us through our website.
PICTURES, VIDEOS AND PLANS ARE PROVIDED FOR INDICATIVE PURPOSES ONLY AND ARE NON-CONTRACTUAL.
GLOSSARY
Applicable Laws means for the purpose of this Privacy Policy, the Data Protection Act 2017 of Mauritius;
Biometric data means any personal data relating to the physical, physiological or behavioural characteristics of an individual which allow his unique identification, including facial images or dactyloscopic data;
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to;
Consent means any freely given specific, informed and unambiguous indication of the wishes of a data subject, either by a statement or a clear affirmative action, by which he signifies his agreement to personal data relating to him being processed;
Direct marketing means the communication of any advertising or marketing material which is directed to any particular individual;
ZimKom LTD means ZimKom LTD;
Encryption means the process of transforming data into coded form;
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interest. We do not use your personal data for activities where the impact the processing has on you overrides our interests (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interest against any potential impact on you in respect of specific activities by contacting us;
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract;
Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data);
Processing means an operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Processor means a person who, or public body which processes personal data on behalf of the controller;
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information and the additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;
Third party means a person or public body other than a data subject, a controller, a processor or a person who, under the direct authority of a controller or processor, who or which is authorised to process personal data;
Traffic data means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.