Privacy Policy

PRIVACY POLICY

 

1. General

 

We at PersoGroup Ptd Ltd. (“TalkPeng”) value your privacy and are committed to take care of your data, and we take this responsibility very seriously. Please take the time to carefully read our Privacy Policy, which explains why we collect your Personal Data and how we process it when you

 

• visit our website (see, in particular, Section 1)
• or express an interest in our Products (see, in particular, Section 2),
• are our customer (see, in particular, Section 3 below)
• are our supplier or business partner (see, in particular, Section 4 below), or
• apply for a position with us (see, in particular, Section 5 below).

 

 

Controller

PersoGroup Ptd Ltd. (“TalkPeng”) Upper Cross Street 531 #04-95, Hong Lim Complex 051531 Singapore Singapore contact@thepersogroup.com

 

 

2. Definitions

 

Unless otherwise indicated, capitalized terms used in this Privacy Policy are defined in Annex 1. Most of the definitions are derived from the California Consumer Privacy Act of 2018 (CCPA) which you can access from https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1121 and the General Data Protection Regulation (GDPR) which you can access from https://eur-lex.europa.eu/eli/reg/2016/679/oj.

 

 

3. How do we process your Personal Data?

 

We process your data in different ways depending on whether you visit our website or express an interest in our Products, or whether you are our client, supplier, business partner or job applicant:

 

We do not sell your Personal Data within the meaning of Section 1798.140(t) of the CCPA.

 

 

• Processing of Personal Data relating to visitors of our website

 

Like many other websites, we use so-called “cookies”. Cookies are small text files that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website. Please find a detailed list of all cookies we use in our Cookie Policy https://talkpeng.com/pages/cookie-policy

 

In our Cookie Policy we inform you furthermore on the processing of your Personal Data when you visit the website.

 

• Processing of Personal Data relating to potential customers

 

Purpose and legal basis

 

When you contact us to inquire about our Products, we process the Personal Data you include in such a message, especially the contact form on our website, in emails or collected during phone calls to answer and process such inquiry in a precontractual stadium. Such processing is necessary for Contract Performance in order to take steps at your request prior to entering into a contract. Contract Performance is also the purpose of any processing of your personal data in connection with a potential purchase of our Products when you visit our online shop (https://talkpeng.com/).

 

By registering on the mailing list or for the newsletter (“JOIN THE CLUB”), your email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Website.

 

Furthermore, we process your Personal Data provided with an inquiry for Direct Marketing purposes to convert a potential client into an actual client. Such processing is based on a Legitimate Interest. You have the right, at all times, to object to the Processing of your Personal Data for the purpose of Direct Marketing, without being required to state your reasons, and can do so by sending us a letter or emailing us at [contact@thepersogroup.com].

 

Personal Data processed

 

We mainly process the Personal Data which you provide us during a precontractual phase. For all Personal Data we collect from other sources please have a look at point 4.

 

We collect:

 

Identifiers (CCPA Category A)

• Name
• E-mail address
• Address
• Phone Number

 

 

Internet information (CCPA Category F)

• Order History
• IP Address and IP location
• Referring (exit pages and URLs)
• Number, duration and time of visits (your interaction with the Website)
• Search engines, keyphrases and keywords used to find our site
• Browser type, type of device, screen size, internet service provider and operating system

 

 

Recipients

 

To achieve the objectives described above, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. This includes the transmission of Personal Data to the e-commerce platforms engaged by us when you use our online shop. Personal Data may be disclosed by being transferred, disseminated, or provided by other means to:

 

	Recipient	Data Location	Basis for transfer to third party country
1	Google LLC	USA	EU Commission-approved Standard Contractual Clauses (SCC) for data transfers between EU and non-EU countries.
2	Facebook Inc.	USA	EU Commission-approved Standard Contractual Clauses (SCC) for data transfers between EU and non-EU countries.
3	YouTube LLC	USA	EU Commission-approved Standard Contractual Clauses (SCC) for data transfers between EU and non-EU countries.
4	Shopify Inc.	Canada	Adequate third country according to GDPR

 

Retention period

 

The Personal Data will be deleted 180 days after a lead is lost. 

Personal Data collected for purposes related to Contract Performance shall be retained until such contract has been fully performed.

 

We may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing (e.g. subscription to our newsletter), as long as such consent is not withdrawn. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

 

Summary

 

Purpose	Legal Basis	Recipients	Retention
Answer inquiry	Contract Performance		180 days
Direct Marketing	Legitimate Interest	1-4	180 days
Newsletter subscription	Consent		180 days
Online shop	Contract Performance t	4	180 days

 

 

Purpose and legal basis

 

Your Personal Data as a customer is processed, first and foremost, for the purpose of providing services related to TalkPeng Products. We may use or process Personal Data in connection with pre-contract activities and discussion with you, and to perform the contractual legal relationship we have with you.

 

Furthermore, we process Personal Data when you open an account with us and place an order for goods via one of our websites as an Account Holder.

 

Such processing is based on Contract Performance and to manage and maintain our relationships with you and for ongoing customer service

 

Besides that, we use your contact information to send you information on our Products as a form of Direct Marketing. Your email address might be added to a contact list of those who may receive email messages containing information of commercial or promotional nature as a result of signing up to this Website or after making a purchase.

 

The processing activity related to Direct Marketing is based on Legitimate Interest. You have the right, at all times, to object to the Processing of your Personal Data for the purpose of Direct Marketing, without being required to state your reasons, and can do so by sending us a letter or emailing us at [contact@thepersogroup.com].

 

Processed Personal Data

 

We mainly process the Personal Data which you provide us with. For all data we collect from other sources please have a look at point 4.

 

We collect:

 

Identifiers (CCPA Category A)

• Name
• E-mail address and other contact details

 

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (CCPA Category B)

• Payment data

 

Internet information (CCPA Category F)

• Order History

 

 

Recipients

 

To achieve the objectives described above, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. Our website might interact with data collection platforms or other services directly from the pages of this Website for the purpose of saving and reusing data. If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the users do not actively use the service.

 

Personal Data may be disclosed by being transferred, disseminated, or provided by other means to:

 

	Recipient	Data Location	Basis for transfer to third party country
1	Shopify Payments	USA	EU Commission-approved Standard Contractual Clauses (SCC) for data transfers between EU and non-EU countries.
	Klaviyo	USA	EU Commission-approved Standard Contractual Clauses (SCC) for data transfers between EU and non-EU countries.

 

Retention period

 

All Data necessary for tax purposes, especially contracts, invoices and other bookkeeping documents as well as relevant correspondence in relation to our contractual relationship we store for a period of 5 years.

 

All other data we keep according to commercial law for a period of 180 days.

  

Summary

 

Purpose	Legal Basis	Recipients	Retention
Contract	Contract Performance	Printify	180 days
Direct Marketing	Legitimate Interest	Facebook, Google, Shopify	180 days

 

 

• Processing of Personal Data relating to suppliers and business partners

 

Purpose and legal basis

 

Your Personal Data is processed, first and foremost, for the purpose of Contract Performance regarding TalkPengProducts and services. This includes our distribution partners who sell our Products. The purpose of processing your Personal Data is the performance of our legal relationship.

 

Processed Personal Data

 

We mainly process the Personal Data you provide us with. For all Personal Data we collect from other sources please have a look at point 4.

 

We collect:

 

Identifiers (CCPA Category A)

• Name
• E-mail address and other contact details

 

Professional or employment-related information (CCPA Category I)

• Employment
• Role and function in the company
• Business activity

 

If your company details include a name of an individual, we may be required that you provide us with your Personal Data to enable us to enter into a business relationship with you.

 

Recipients

To achieve these desired objectives, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. This includes platforms regarding the support of our dealer network to collect dealer contact info and user data for purposes of servicing the account. Personal Data may be disclosed by being transferred, disseminated, or provided by other means to:

 

	Recipient	Registered Office (Country)	Basis for transfer to third party country
	Printify	Latvia	Order fulfilment
	Shopify	Canada	Order management
	Gorgias	USA	Customer service

 

Retention period

 

All Personal Data necessary for tax purposes, especially contracts, invoices and other bookkeeping documents as well as relevant correspondence in relation to our contractual relationship we store for a period of 180 days.

 

All other Personal Data we keep according to commercial law for a period of 180 days 

 

Summary

 

Purpose	Legal Basis	Recipients	Retention
Cooperation	Contract Performance	[____]	[____]

 

 

• Processing of Personal Data relating to applicants:

 

Purpose and legal basis

 

We process your Personal Data either

 

• to take steps prior to entering into a contract (conclusion of an employment agreement),

 

• on the basis of your explicit consent if we would like to keep your application on file for future consideration,

 

• and to fulfil our legal obligations (registering you as an employee in the social security system).

 

Your Personal Data are processed for the purpose of completing the application process. If you do not provide us with your Personal Data, we cannot process your application.

 

Processed Personal Data

 

We mainly process the Personal Data you provide us with. For all Personal Data we collect from other sources please have a look at point 4.

 

We collect:

 

Identifiers (CCPA Category A)

• Name
• E-mail address and other contact details

 

Professional or employment-related information (CCPA Category I)

• Employment
• Role and function in the company
• Business activity

 

Recipients

 

To achieve these desired objectives, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. Personal Data may be disclosed by being transferred, disseminated, or provided by other means.

 

	Recipient	Registered Office (Country)	Basis for transfer to third party country
1
2
3

 

Retention period

 

The Personal Data of applicants who are not hired will be erased [____] months after the closure of the application. If the applicant consents to their Personal Data being kept on file for future consideration, we do not delete such Personal Data.

 

Summery

 

Purpose	Legal Basis	Recipients	Retention
Application	Contract Performance	[____]	[____]

 

 

4. Collection of Personal Data from sources other than the Data Subject himself or herself (Art 14 GDPR)

 

Purpose and legal basis

 

If we process your Personal Data we usually collect Personal Data from you, and it is usually you who provides us with this Personal Data. Nevertheless, in individual cases, we may also obtain Personal Data from other sources. These other sources are publicly available, such as information we obtain from the Internet.

 

Processed Personal Data

 

The Personal Data we obtain from third sources about you which is stored in our systems is limited to:

 

Identifiers (CCPA Category A)

• contact information (e-mail address and telephone number, postal address)

 

Professional or employment-related information (CCPA Category I)

• your function in the company
• your professional career
• and your assignment to or responsibility for a particular company (usually your employer, any affiliated company or for another reason with this related company)

 

if you have not disclosed that information to us as part of the communication.

 

If you are an applicant, we can also process the following information about you from publicly available sources:

 

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (CCPA Category B)

• your education,
• professional and academic career
• publications written by you

 

However, we usually ask you directly if you can provide us with this information if we could not find it in your application documents.

 

This Processing is based on our Legitimate Interest in a complete set of Personal Data required for professional communication, Contract Performance, our business relationships and the application process, depending on the relationship we have with you.

 

 

5. Data security

 

We handle Personal Data only as permitted by data protection regulations. We use a variety of technical and organizational measures to help protect your Personal Data from unauthorized access, disclosure, modification, loss or destruction in accordance with applicable data protection laws.

 

If we store or process Personal Data, it occurs in a high-security data center. In order to protect the security of your Personal Data during transfer, we use encryption techniques (e.g., SSL) over HTTPS. Our servers are secured by firewall and virus protection. Back-up and recovery procedures as well as roles and authorization policies are a given for us.

When handling Personal Data, our employees are obliged to comply with the regulations of the GDPR and the CCPA.

 

 

6. What are your rights with respect to Processing of Personal Data?

 

• Rights under CCPA and GDPR.

 

CCPA, GDPR and other applicable data protection laws protect certain rights for Data Subjects. In particular:

 

Right of Access - right to obtain confirmation of which of your Personal Data is processed and information about it, for instance, which are the purposes of the Processing, what are the conservation periods, among others.

 

Right to Erasure or "right to be forgotten" - right to erase your Personal Data, provided that there are no valid grounds for its retention, for example in cases where we have to keep the Personal Data to comply with legal obligation or because a court case is in progress.

 

Right to Data Portability - right to receive the Personal Data you have provided us in a digital format of current use and automatic reading or to request the direct transmission of your Personal Data to another entity that becomes the new responsible for your Personal Data, however only if technically possible.

 

• Rights exclusively under GDPR

 

The GDPR protects further rights fur Data Subjects in the European Union:

 

Right of Rectification - right to request modification of your Personal Data that is inaccurate or request incomplete Personal Data, such as the address, VAT, email, telephone contacts, or others.

 

Right to Withdraw Consent or Right of Opposition - right to object or withdraw consent at any time to Processing, for example in the case of Processing for marketing purposes, provided that no Legitimate Interests exist prevailing over your interests, rights and freedoms, such as defending a right in a judicial process.

 

Right of Limitation - right to request the limitation of the Processing of your Personal Data, in the form of: (i) suspension of Processing or (ii) limitation of the scope of Processing to certain categories of Personal Data or purposes of Processing.

 

Right to object and ADM - When the Processing of Personal Data, including the Processing for the definition of profiles, is exclusively automatic (without human intervention) and may have effects in your legal sphere or significantly affect it, you shall have the right not to remain subject to any decision based on such automatic Processing, except as otherwise provided by law and shall have the right that we take appropriate measures to safeguard its rights and freedoms and legitimate interests, including the right to have human intervention in decision making by us, the right to express its point of view or contest the decision taken on the basis of automated individual information Processing.

 

Right to complain - right to complain to the supervisory authority, in addition to us.

 

For rights asserted by Data Subjects from the EU under the GDPR the period for handling a request is 30 days unless it is a particularly complex request.

 

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

 

• Rights exclusively under CCPA

 

The exercise of rights is free of charge, except in the case of a manifestly unfounded or excessive request, in which case a reasonable fee may be charged regarding its costs.

 

The information must be provided in writing but may be given orally if requested. In this case, we should verify your identity by means other than oral.

 

The response to requests based on the provisions of the CCPA should be provided within a maximum of 45 days. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

 

 

 

7. Non-Discrimination

 

We will not discriminate against you for exercising any of your  rights. Unless for a good and reasonable cause and unless permitted by law, we will not:

 

• deny you goods or services.
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• provide you a different level or quality of goods or services.
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

 

8. Changes to our data protection provisions

 

We reserve the right to modify this Privacy Policy, so it is always in compliance with the current legal requirements or to implement changes to services in the Privacy Policy, e.g., when introducing new services. In this case, your future visits to our website will be subject to the updated Privacy Policy.

If you have additional questions regarding the processing of your Personal Data, please feel free to contact us directly, by email at contact@thepersogroup.com.

 

9. Contact Information

 

• General

 

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use please do not hesitate to contact us:

 

Website: www.talkpeng.com

Emailing us at: contact@thepersogroup.com

Postal Address: Upper Cross Street 531, #04-95, Hong Lim Complex, 051531 Singapore, Singapore

 

• Requests from California residents according to the CCPA

 

To exercise the access, data portability, and deletion rights described above in 7.1., California residents may submit a verifiable consumer request to us by either:

 

Emailing us at: contact@thepersogroup.com

 

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 

Representation for data subjects in the EU or in the UK:

We value your privacy and your rights as a data subject and have therefore appointed Prighter Group with its local partners as our privacy representative and your point of contact for the following regions:

United Kingdom (UK)
European Union (EU)
Switzerland

Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative, Prighter or make use of your data subject rights, please visit the following website: 

https://prighter.com/cc/ThePersoGroup

 

Contact:

Prighter.com 

Prighter

Maetzler Rechtsanwalts GmbH & Co KG

Attorneys at Law c/o PersoGroup Ptd Ltd.

Schellinggasse 3/10, 1010 Vienna, Austria

Please add the following subject to all correspondence: GDPR-REP ID: 18710827

 

 

 

Annex 1

Account Holder	Means anyone who registers an account using the form accessible via https://talkpeng.com/account/register.
ADM	means Automated decision-making;
CCPA	means the California Consumer Privacy Act (CCPA) signed into law on June 28, 2018, to amend Part 4 of Division 3 of the California Civil Code. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB375
CCPA Category	means the categories (A) to (K) of Personal nformation as defined in the CCPA;
Consent of the Data Subject	means any freely given, specific, informed and unambiguous indication of the Data Subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her;
Contract Performance	means concluding, maintaining, and completing of a contract concluded between the Controller and a Data Subject, including Processing activities which take place at the request of the Data Subject before entering into a contractual relation;
Controller	means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law;
Data Subject	is any natural person whose Personal Data is being collected, held or processed. Examples of a Data Subject can be an individual, a customer, a prospect, an employee, a contact person, etc;
Direct Marketing	means personal data processed to communicate a marketing or advertising message. This definition includes messages from commercial organisations, as well as from charities and political organisations;
General Data Protection Regulation (GDPR)	is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA); Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) https://eur-lex.europa.eu/eli/reg/2016/679/oj ;
Legitimate Interest	means the Controller’s interest to process Personal Data in order to carry out tasks related to the Controller‘s business activities. The processing of Personal Data in that context may not necessarily be justified by a legal obligation or carried out to execute the terms of a contract with a Data Subject;
Personal Data	means any information relating to an identified or identifiable natural person ('Data Subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This includes, but is not limited to the term ‘Personal Information’ according to Article 1798.140 (o) (1-2) of the CCPA;
Personal Information	means personally identifiable information that you could trace back to a real person according to Article 1798.140 (o) (1-2) of the CCPA;
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;
Processor	means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller;
Products	means all products distributed and sold by TalkPeng;
Recipient	means a natural or legal person, public authority, agency or another body, to which the Personal Data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as Recipients; the Processing of those Personal Data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the Processing;

 

 

Sale within the context of the CCPA is defined (Section 1798.140(t)) as: selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to another business or a third party for monetary or other valuable consideration.

 

If a business engages in transactions that qualify as a “sale” under the CCPA’s broad definition, it is required to list the categories of Personal Information that it has sold in the past 12 months. However, the business does not have to list the categories of third parties receiving the information in the privacy policy, it is only required to do so in responding to a data subject request.