Privacy and Cookies Policy

In this privacy and cookies policy (“privacy policy”), “you”, and “your” refers to you as an individual and, where applicable, to the company or legal entity on whose behalf you are viewing this privacy policy.

Who We Are

This is the privacy policy for the Tungsten Network website. Tungsten Network Limited is a company registered in England and Wales with offices at Pountney Hill House, 6 Laurence Pountney Hill, London, EC4R 0BL under company number 03958038 (referred to in this policy as “Tungsten Network”, “us,” “we,” or “our.”). We are registered on the Information Commissioner’s Office Register, registration number Z9384120, and act as data controller and data processor.

Our group companies, meaning our subsidiaries, our holding companies, and any subsidiaries of our holdings companies, as defined in section 1159 of the UK Companies Act 2006, consist of Tungsten Corporation Plc, Tungsten Corporation Guernsey Limited, Tungsten Network Finance Limited, Tungsten Network Inc., Image Integration Systems Inc., Tungsten Network SAPI de CV, Tungsten Network (Schweiz) GmbH, Tungsten Network GmbH, Tungsten Network Sdn Bhd, Tungsten Network EOOD, Tungsten Network Private Limited, Tungsten Purchaser (UK) Limited, Tungsten Purchaser US, Inc., Tungsten Purchase (Canada) Limited, Tungsten Investment Management Limited and Tungsten (Account Trustee) Limited (“Group Companies” and each a “Group Company”).

Our designated Data Protection Officer can be contacted at Pountney Hill House, 6 Laurence Pountney Hill, London, EC4R 0BL and via email: [email protected]

Information That We Collect

Tungsten Network is committed to respecting and protecting your privacy. We have structured our website so that, in general, you can visit it without identifying yourself or revealing any personal information.

Tungsten Network provides this privacy policy to make you aware of our practices and of the choices you can make about the way your information (including your personal data) is collected and used when you access our website and/or our portal. We will process personal information provided by you voluntarily in accordance with this privacy policy and applicable law, including the General Data Protection Regulation.

On our website, you can register interest in the services we provide and raise queries via our online form and/or provide us with personal information when you or the company you represent becomes a client. The types of personal information collected via these channels are your name, organisation for whom you work, contact details and, in some instances, billing information.

We may receive information about you if you use any other websites that we (or members of our Group Companies) operate or any other services or offerings that we, (or our relevant Group Company) provide, and in such case we (or our relevant Group Company) will request your consent when we collect that data that it may be shared internally and combined with data collected on this site. We also work closely with third parties (including, for example, credit reference agencies, as further detailed below) and may receive information about you from them. The types of information collected via these channels are your name, organisation for whom you work and contact details.

We may receive information about you when you apply for a role with us. The types of information you provide us with include your name, address, telephone number, date of birth, nationality, education details, your gender, your CV, your passport status and any other details relevant to your application.

We may collect information about your computer, including, where available, your IP address, operating system and browser type for system information purposes and to report aggregate information for marketing purposes.

We may obtain information to help us improve our website and to deliver a more personalised service by using cookies. The cookies we use are:

• Country Cookie: This cookie sets the language of the screen when you visit the Tungsten Network website, prior to any login taking place. This cookie helps Tungsten Network determine the language of your browser and chooses the most appropriate language in which to display our website. This is an anonymous cookie and no personal data is stored. The website will still work with this cookie disabled; however, you would need to select your preferred language every time you visit the website. This cookie persists after you leave our website.
• Session ID Cookie: When you log into the portal, Tungsten Network generates a session cookie so that we can control the routing of requests to the servers and to ensure a user only has a single active session. This is an anonymous cookie and no personal data is stored. The cookie is deleted after the user leaves the portal. The user cannot access the portal if this cookie is not permitted as this cookie is mandatory for use of the portal.
• Portal Widget Cookie: The portal allows you to configure your home page by adding widgets and altering your location on the page. This cookie stores the widgets chosen, their location and configuration. This is an anonymous cookie and no personal data is stored. The cookie persists after you leave the portal. The user cannot access the portal if this cookie is not permitted as this cookie is mandatory for use of the portal.
• Login Cookie: This cookie is a temporary cookie that is required to help us transition between the current and the new portal. We ask you to enter your email address and perform verification. This creates a cookie and stores your Tungsten Network account number on your PC. The next time you return to the Tungsten Network website we check the cookie to determine the version of the portal to which you should be routed. This is an anonymous cookie and no personal data is stored. The cookie persists after you leave the Tungsten Network website or portal. The user cannot access the portal if this cookie is not permitted as this cookie is mandatory for use of the portal.
• Pardot and Marketo Cookies: These cookies collect information for marketing purposes. You may receive an email from Tungsten Network inviting you to visit our website. If you accept this invitation by clicking on the embedded link, you will be asked whether you consent to your browsing of the Tungsten Network website being tracked. You do not have to consent to this, but if you do, the Pardot and Marketo cookies will gather information for marketing purposes about the pages you visit and any documents you download from the website. The Pardot and Marketo cookies may also use the information it gathers to contact you for marketing purposes. These cookies persist after you leave the Tungsten Network website.
• Advertising cookies (Yahoo Ad Exchange, Bing Ads, Google AdWords, LinkedIn ads, Twitter Advertising, Facebook Pixel, Google Dynamic Remarketing, Twitter Conversion Tracking, Google AdWords User lists): These cookies collect information for marketing purposes. If you accept them it allows us to show you only content relevant to your interests across social networks and ad platforms.
• Social logins (Facebook Connect, Google Auth, LinkedIn Auth, Twitter): These cookies allow us to provide you with fast and easy login options for some of our content platforms.
• Analytics cookies (Google Analytics, Crazy Egg, Twitter Analytics, GA Audiences): These cookies collect anonymized behavior data that helps us to improve our sites and services.

The above cookies, including those which persist after you leave our website or portal, can be rejected or deleted by following the instructions for your browser. However, some of the functionality of the services on the website may be lost if you disable cookies on your browser – for example on Web Form. In addition, you will not be able to use the portal if you disable cookies on your browser. For more information about cookies visit: www.aboutcookies.org.

Please note that this privacy policy does not apply to, and we are not responsible for, the privacy practices of third party websites which may be linked to this website.

How We Use Your Personal Data

Tungsten Network uses your information to satisfy your requests and/or respond to your queries and to better understand the people accessing our website and the organisations for which they work. Tungsten Network takes your privacy very seriously and will never disclose or share your data without your consent unless required to do so by law.

We may use or disclose your personal information and other data provided by you for the following purposes:

• In the course of the provision of e-invoicing and related services and to notify you about changes to our service.
• To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us.
• As part of our legal obligation for business accounting and tax purposes.
• To analyse data, undertake due diligence activities and making credit decisions on the basis of that data and due diligence where this is a condition of us entering into a contract with you, or where this is necessary for you to be considered for any other or ancillary service being offered by us and/or our Group Companies from time to time.
• To assess your suitability and eligibility to participate in any uncommitted funding program, receivables finance or other finance services offered by us and/or our Group Companies from time to time and/or any other or ancillary service being offered by us and/or our Group Companies from time to time
• To process credit card payments and providing customer service.
• To provide you with marketing information about other goods or services we (and our Group Companies and/or our third-party business partners) offer that are similar to those that you have purchased or enquired about and to contact you about publications and invitations to events and seminars that may be of interest to you on the basis that we have carried out a thorough legitimate interest assessment to ensure we have weighed your interests and any risks posed to you against our own interests, ensuring they are proportionate and appropriate. We may further pass on your information to our Group Companies and/or to selected third party business partners so that they may contact you with details of services and products that may be of interest to you. In respect of any such third-party business partners, this is on the condition that you have indicated that you are happy to be contacted for these purposes. Where you have consented to us providing you with marketing services, you may withdraw your consent at any time by opting-out/unsubscribing via the following link: https://www.tungsten-network.com/uk/mailing-lists/. Moreover, all our marketing communications include an “unsubscribe” link.
• To process any job application you may make to us. Where we need to process sensitive personal data about you, we will only request and process the minimum necessary for the specified purpose and identify a compliant legal basis for doing so. You may modify or withdraw consent at any time, which we will act on immediately unless there is a legitimate or legal reason for not doing so.
• To ensure that content from our site is presented in the most effective manner for you and your computer.
  Where required to do so by law or to meet the requirements of a regulator (including to meet any national security or law enforcement requirements).
• Where we merge, combine or divest a part or all of our business, we may pass your details to the prospective merger partner, purchaser or successor entity except where prohibited from doing so by law.

Sharing and Disclosing Your Data, including your Personal Data

We do not share or disclose any of your data and/or personal information without your consent, other than for the purposes specified in this privacy policy or where required to do so by law or to meet the requirements of a regulator (including to meet any national security or law enforcement requirements).

We share your data and/or personal information with our Group Companies and/or third-party business partners for the uses described above. Such business partners include, but not limited to third party suppliers and contractors in respect of the e-invoicing service provided by us and third party suppliers and contractors in respect of related services provided by us, or otherwise available through Tungsten Network, such as any person which is (or may potentially be) a party to, or an investor in, any financing or other transaction relating to any of your receivables which are to be included (or will potentially be included) as part of any uncommitted funding program, receivables finance or other finance services, and any officer, director, employee or affiliates of any such person, or any professional advisor, auditor, insurer, credit reference provider or ratings agent engaged by any such person, or any of our Group Companies or any regulatory or similar body of competent jurisdiction.

We may also disclose your data and/or personal information to other third parties in the event that we buy or sell any business (including Tungsten Network itself, or the assets of Tungsten Network).

We shall ensure that Group Companies and/or third party business partners referred to above shall be bound by the appropriate confidentiality agreements and other contractual obligations regarding such information and Tungsten Network remains liable for the acts and/or omissions of its Group Companies and third-party partners.

If you are currently subject to our Standard Terms and Conditions/Terms of Service (“TC”) then the parties listed in the preceding paragraphs will be considered “authorized parties” for the purposes of the relevant clause(s) of your TC, and we will be entitled to disclose your invoice data to such third parties, on a confidential basis, unless you notify us otherwise.

Your Rights

Tungsten Network will ensure that the personal information we hold is relevant to its intended use, accurate, complete, and current. We will only collect and store personal information that is relevant to fulfil the purpose of the request, which is subsequently authorised by you and will retain such information no longer than appropriate to fulfil the purpose of the request.

You have a number of legal rights in relation to the personal information that we hold about you and you can exercise your rights by contacting our Data Protection Officer using the details set out above.

In particular:

• • You may request information about: (i) what personal data we hold about you; (ii) the purpose of the processing; (iii) the categories of the personal data concerned; (iv) the recipients to whom the personal data has/will be disclosed; (v) how long we intend to store your personal data; and (iv) if we did not collect the data directly from you, information about the source.
  • If you believe we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we strive to correct/update it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
  • You also have the right to request erasure of personal data or to restrict processing (where applicable), to exercise your data portability rights in accordance with the applicable law, including the General Data Protection Regulation, to be informed about any automated decision making we may use as well as to object to any direct marketing from us (as detailed above).

If we receive any such requests, we may ask you to verify your identity before acting on the request; this is to ensure your data is protected and kept secure.

Safeguarding Measures

Tungsten Network is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect.

We and our Group Companies will conduct compliance audits of our relevant privacy practices to verify adherence to this privacy policy. Any employee that we/our Group Company determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Links to third-party websites are provided on this website solely as a convenience to you. If you use these links, you will leave this website. Tungsten Network has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Tungsten Network does not endorse or make any warranties or representations about such third sites, or any information, software or other products or materials found there, any results that may be obtained from using them, or their privacy practices. If you decide to access any of the third-party sites linked to this website, you do this entirely at your own risk.

Transfer of Data Outside the EU

Information that you submit on the Tungsten Network website may be transferred to countries outside of Europe. Personal data in the European Union is protected by the General Data Protection Regulation but some countries may not necessarily have the same high standard of protection for your personal data. We are committed to respecting and protecting your privacy and to uphold the highest ethical standards in business practices to collect, use and disclose personal information. We will take steps to ensure that our Group Companies and all providers we partner with use the necessary level of protection for your information in accordance with Tungsten Network’s security measures to ensure your information is safe and secure.

To this end, and as appropriate:

• Tungsten Network Limited will enter into the Model Contractual Clauses approved by the European Commission for the protection of your personal information.
• Tungsten Network Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and the United Kingdom and Switzerland (as applicable) to the United States in reliance on Privacy Shield. Tungsten Network Inc. has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles with respect of such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Principles and to view Tungsten Network’s certifications, please visit the Privacy Shield website (https://www.privacyshield.gov).

How Long We Keep Your Data

Tungsten Network only retains personal information for as long as is necessary for the relevant purposes and we have strict review and retention policies in place to meet these obligations. We are also required under applicable laws and regulations to keep your personal information for a minimum period.

Where you have consented to us using your details for direct marketing purposes, we will keep your data until you notify us otherwise/withdraw your consent.

Our Dispute Resolution Process

Any questions or concerns regarding the use or disclosure of personal information should be directed to our Data Protection Officer detailed above.

Tungsten Network and our Group Companies will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this privacy policy and the applicable law, including the General Data Protection Regulation.

For complaints that cannot be resolved between Tungsten Network, our Group Companies and the complainant, Tungsten Network has agreed to work with relevant Data Protection Authority to resolve such matter.

An EU resident whose complaint has not been satisfactorily addressed may contact the panel established by the EU data protection authorities (DPAs) to resolve disputes. Please contact Tungsten Network to be directed to the relevant DPA contacts. Information can also be found on the European Commission – Data Protection website. Tungsten Network will comply with the information and advice provided to it by an informal panel of DPAs in relation to such unresolved complaints (as further detailed in the Privacy Shield Principles).

A Swiss resident whose complaint has not been satisfactorily addressed may contact the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland using the information provided on their website.

As detailed in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address complaints that cannot be resolved by other means.

Tungsten Network is also subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

Your Acceptance of These Terms

By using this website, the portal, any services accessible from it or the website and/or by providing your personal information to us, you consent to the collection and use of personal data by us as set out in this privacy policy.

Consequences of Not Providing Your Data

You are not obligated to provide your information to us, however, as this information is required for us to provide you with our services, we will not be able to offer some/all our services without it.

Changes to this Privacy Policy

Tungsten Network may amend this privacy policy from time to time with or without notice. Any modified policy will be posted on the Tungsten Network website.

This privacy policy was last modified in May 2019.