EQUINET - Data Privacy Policy

EQUINET PRIVACY POLICY

15 October 2024

Mustad Hoofcare S.A. ("Mustad", "us", "we", or "our") have created this Privacy Policy to inform you of our policies regarding the processing of information, including Personal Data, through EQUINET mobile application (EQUINET App) and the website equinetapp.com (collectively: the "Services").

This privacy policy contains information regarding the collection, use, and disclosure of information, including Personal Data, when you use our Services and the choices and rights you have associated with the processing of your Personal Data. It explains in general terms how we seek to comply with data protection laws and regulations, including but not limited to the European General Data Protection Regulation ("GDPR") and national laws implementing the GDPR, the Australian Privacy Principles ("APPs") set out in the Privacy Act 1988 (Cth), the New Zealand Information Privacy Principles (“IPPs”) set out in the New Zealand Privacy Act 2020 and applicable data protection legislation in other jurisdictions, such as the United States of America.

Please note that this Privacy Policy only applies to the processing of Personal Data, including the use of cookies, within the context of our EQUINET App and the website equinetapp.com. For more general information on the processing of Personal Data in the context of the business operations of the Mustad Group, we refer to our global Privacy Policy.

Services
This privacy policy applies to the below services
· EQUINET App (mobile application) and
· equinetapp.com (website).

The APPs and IPPs apply to the extent that our Services are made available in Australia and New Zealand respectively and collect information about individuals located there ('Australia or New Zealand persons').

Personal Data
Personal Data means any personal information relating to a living individual who can be identified from that information (or from that and other information either in our possession or likely to come into our possession).

In Australia, personal information also includes an opinion about an identifiable individual, and applies to such opinion whether or not the information is true or recorded in a material form.

Note that in this policy the terms "personal data" and "personal information" have the same meaning and are interchangeable.

Usage Data
Usage Data is information about how the Services are accessed and used and is collected automatically either when using the Services or from the Services infrastructure itself (for example, the duration of a webpage visit or your use of our EQUINET app).

Cookies
Cookies are text files with small pieces of data including unique identifiers created by the web browser and stored on the computer or mobile device used to access a website.

Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data is to be processed. With the exception of certain data that you may choose to process using our EQUINET app (see below), we are the Data Controller for the processing of your Personal Data in relation to our Services.

Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Processing
Processing means any operation or set of operations which is performed on Personal Data or on 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 The terms "disclosing" and "sharing" are used interchangeably in this policy.

You
You means any natural person that we collect the Personal Data of, or about in accordance with this
Privacy Policy.

Customer
Your Customer means the clients or customers or any other natural or legal person whose details you record in the EQUINET App, or enter into our website.

TYPES OF DATA COLLECTED

Personal Data
While using our Services, we may ask you to provide us with certain Personal Data that can be used to contact you or identify you or your customer.

Personal Data that we may require includes:
● Email address
● First name and last name
● Phone number
● Address, State, Province, ZIP/Postal code, City, Country
● Business name and title
● Optional: your or your customer's bank account information, your customer's personal information including name and contact details, and other information relevant to invoicing such as the nature and cost of services obtained from you;
● Optional:further information regarding your business, such as if you work alone or in a team, job role (farrier/vet/admin etc.), location of work (own workshop, stud farms, etc.);
● Optional: the EQUINET features you expect to use

Means by which Personal Data is collected
Mustad may collect Personal Data through various online means. For instance, information may be collected directly from you when you enter that information on purchase of products or services through our website or the EQUINET App.

Mustad may also collect Personal Data indirectly through its partners, affiliates or other third parties such as suppliers or accounting software providers that you link to your EQUINET account or from other users that enter your Personal Data into their EQUINET account.

Mustad requires that you obtain the prior consent of any Australia or New Zealand person whose Personal Data you enter into the EQUINET App or our website equinetapp.com.

Other Personal Data that you may choose to process by using our EQUINET App
You may choose to process certain Personal Data by using our EQUINET App, such as Personal Data concerning your customers and their horses, services that you perform for your customers, appointments scheduled with customers or other third parties, etc. For this purpose, the EQUINET App allows you, amongst others, to import your contacts directly from your device's phone book to the EQUINET App and to generate customer invoices. These services can be used at your sole discretion. You are in control of and are responsible for the Personal Data of your customers and other third parties that you choose to process in the EQUINET App. For this category of Personal Data, you are the Data Controller and Mustad is the Data Processor (as defined in the GDPR). The Terms of Use for our EQUINET App include data processing terms (‘standard clauses on data processing’) that apply to our processing of Personal Data as a Data Processor.

Other submitted content and Information
We may collect any content or information you provide through use of the Service or otherwise, such as through input into the EQUINET App or related webapp, social media pages, email, text, chat, or to us in person including photos, videos, or reviews, or when you respond to surveys, subscribe to a service, or fill out any forms. This information may include: information, other than Personal Data, collected in the manner described in the preceding paragraph; information related to your pricing, inventory, scheduling, suppliers, customers, invoicing and accounting systems; and other information you provide.If you use the Service from a mobile device, you may choose to use features that require our processing of your location.

Usage Data
Usage Data may include information such as your device and software used to access the Service, computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, information shared through device settings, like GPS location, camera access and related metadata, information about your network and other diagnostic data. If you use the Service from a mobile device, that device may send us data about location. If you call, email, text, or chat with our customer service agents, we may keep records of those conversations.

Other Data
In Australia and New Zealand, we may collect Personal Information when permitted or required by law, that is in addition to the types of Personal Information identified above.

Cookies
We may also collect your Personal Data through our websites and apps when you “enable” Cookies. We use cookies and similar technologies to collect, identify, associate and store your Personal Data online, as well as to analyse your online activity and use of our Services. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are tags and scripts to collect and track information to improve and analyse (the use of) our Services. This is done to make your customer experience better when using our Services.

Most web browsers automatically accept cookies, however you may choose to partially enable, manage or disable and delete Cookies by referring to your browser’s help menu or instructions. Please note that if you disable or opt out of enabling Cookies, some features and functions on our platforms and products may not function as intended and you may not be able to access all or parts of our websites.

Mustad's legal basis for collecting and processing the Personal Data as described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

In Australia and New Zealand, Mustad will only use and/or disclose your personal information for the primary purpose(s) for which we collected it or for secondary purposes directly related to the functions or activities which would be reasonably expected by you.

Mustad may process your Personal Data on the basis of one or multiple of the following legal grounds:

The performance of an agreement with you or to take measures before the conclusion of an agreement
Your informed consent
A legitimate interest, or in Australia and New Zealand:

Where the information is publicly available and it would not be unreasonable or unfair for us to process it; or
For a use directly related to a use for which the Personal Data was previously obtained;

To comply with applicable law and legal obligations (including valid requests by public authorities for the disclosure of Personal Data)

Direct marketing
We may on occasion disclose your Personal Data to third parties including marketing agencies, retailers or other service providers for them to provide you with information about our events, products or services that we believe might be of interest to you.

You can unsubscribe from this communication or change your contact preferences at any time through the Mustad online service you are using.

If we are required by law to provide you with certain information about our products and services like product recalls, we will continue to provide that information even if you have asked not to receive general information about our products and services.

Sharing your Personal Data
We may disclose your Personal Data to other companies within the Mustad group for purposes stated in this policy.

In some cases, we may share your Personal Data with third parties. We will only do this when we consider this necessary. We only share your data with trustworthy parties and ensure that a transfer of your Personal Data is subject to appropriate safeguards.

We may share your personal data with:

Government institutions such as the tax authorities and supervisory authorities.
Mustad affiliates, distributors, suppliers and subcontractors (such as accounting services providers);
Chain partners and other service providers such as insurers, bailiffs, accountants, tax advisers and other advisers;
External suppliers such as IT service providers, hosting and cloud service providers or other suppliers to which we outsource IT and support services; and
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.

If the third party with which your Personal Data governed by the GDPR is shared is designated a Data Processor in the sense of the GDPR, we will also conclude a data processing agreement with this third party.

Overseas disclosure of Personal Data
Mustad will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Data.
If you are located outside the Netherlands and choose to provide information to us, please note that we transfer the data, including Personal Data, to the Netherlands and process it there.

We may disclose the Personal Data of Australia or New Zealand persons to parties located outside Australia or New Zealand for purposes described in this Privacy Policy. These parties may include related companies, or service providers who store data in locations outside Australia and New Zealand, including Europe, USA and similar other jurisdictions.

Where your data leaves Australia or New Zealand, we will ensure that your Personal Data is adequately protected and that the contractual arrangements with the third-party data hosting services providers and Mustad comply with applicable privacy laws, including the GDPR, the Swiss Federal Data Protection Act and the Australian and New Zealand privacy laws.

Different data protection laws may be applicable in overseas jurisdictions where the recipients of data may be located. We will take reasonable steps to ensure that such overseas recipients do not breach the APPs and IPPs in relation to such information.

Under the GDPR, you have the following rights:

You have the right to request us to access, rectify, erase, restrict and transfer your Personal Data. You also have the right to object to the processing of your Personal Data. We are committed to providing the same level of rights to users in Australia and New Zealand.

To the extent that our processing of your Personal Data is based on consent, you have the right to revoke this consent at any time. Any withdrawal of your consent does not affect the lawfulness of processing based on consent prior to its withdrawal.
To exercise these rights in Australia or New Zealand, please use the contact information included at the end of the policy.

Please contact us by:

Email
privacy@mustad.com

Written letter
Mustad Hoofcare S.A.
Attn.: IT Mustad
Rue de la Gruyere 16
1630 Bulle
Switzerland

Please note that we may ask you to verify your identity before responding to such requests.

Mustad will respond to your request within 28 calendar days. Depending on the number of requests we receive and the complexity of the requests, this period may be extended by 2 months, in which case we will notify you of such extension.

Please note that individuals’ rights under the GDPR are subject to certain restrictions and may not always be granted. A request may be denied in part or in full following these restrictions, such as legal obligations, the rights of third parties and the legitimate interests of Mustad.

If we are unable to grant a particular request, we will inform you of this, with statement of reasons.

Within the EU, EU citizens have the right to lodge a complaint with a supervisory data protection authority. A list of all EU supervisory authorities is available on the European Data Protection Board website: https://edpb.europa.eu/about-edpb/board/members_en. In the Netherlands this is the ‘Autoriteit Persoonsgegevens’ (‘AP’). More information can be found on the website of the AP (https://autoriteitpersoonsgegevens.nl/). We would appreciate it if you would contact us first so that we can try to reach an amicable solution.

In Australia, if your concerns are not satisfactorily resolved by us, you can lodge a complaint with Office of the Australian Information Commissioner by visiting oaic.gov.au, calling 1300 363 992 in Australia or by emailing enquiries@oaic.gov.au.

In New Zealand, if your concerns are not satisfactorily resolved by us, you can lodge a complaint with Office of the New Zealand Privacy Commissioner by visiting privacy.org.nz, lodging a complaint , calling 0800 803 909 in New Zealand or by emailing enquiries@privacy.org.nz.

This section of our Privacy Policy (the "US Supplement") applies to people living in the United States. The US Supplement explains how we collect, use, and disclose your Personal Information. For the US Supplement, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with you, directly or indirectly. Personal Information does not include information that cannot be reasonably linked to you.

Personal information we collect

We may collect and use the following categories of Personal Information:

· Identifiers,such as:

First name and last name;
E-mail address;
Phone number,
Address, State, Province, ZIP/Postal code, City, Country.

· Commercial information, including your purchasing habits.

· Audio or video information, including photos you may provide.

· Professional or employment-related information, such as:

your business name and title;
Optional: further information regarding your business, such as if you work alone or in a team, job role (farrier/vet/admin etc.), location of work (own workshop, stud farms, etc.).

· Internet or other similar network activity such as:

Usage Data described above
Optional: the EQUINET features you expect to use. We collect this Personal Information from: you, directly in person, by telephone, text, and email, and through the Services (including our live chat in the EQUINET App); your devices and cookies on our website; and through our affiliates and partners;, or through social networks, data analytics platforms and other publicly available sources.

· The following categories of sensitive personal information: your precise geolocation data.

We retain this Personal Information as described with respect to Personal Data under the heading "Retention of data."

Use of personal information

We use your Personal Information to provide and improve the Service and for the reasons described with respect to Personal Data under the heading “Purposes for the processing of Personal Data”. For categories of Sensitive Personal Information that we collect, we will only use or disclose it either with your specific consent when required, or as otherwise permitted by law, including the CCPA.

Disclosures of personal information

We do not sell or “share” (as that term is used in the CCPA) your Personal Information. We have shared Personal Information in all or most categories described in this US Supplement with our affiliates and related parties, vendors who provide services to us, and as otherwise described with respect to Personal Data under the heading “Sharing your Personal Data.”

Your Rights Under the CCPA/CPRA.

Depending on where you live, you may have the following rights under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), or other privacy and data protection laws, as applicable:

· Right to Know: The right to request that we disclose to you the Personal Information we collect, use, disclose, share, or sell, and information about our data practices.

· Right to Request Correction: The right to request that we correct inaccurate Personal Information that we maintain about you.

· Right to Request Deletion: The right to request that we delete your Personal Information that we have collected from or about you.

· Right to Opt Out: You have the right to opt out of certain types of sharing of your Personal Information. You may also limit the use of Sensitive Personal Information to what is necessary to deliver our services.

· Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising your privacy rights.

To exercise these rights, please contact us by:

Email: privacy@mustad.com

Please note that you may only make a CCPA/CPRA-related data access or data portability disclosure request twice within a 12-month period.

We may need to verify your identity before processing such requests in which case you will need to provide us with enough information to identify you (e.g., your full name, address and customer or matter reference number); proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and a description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person's behalf.

Any Personal Information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

This Privacy Policy was last updated on 15 October 2024.