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 Terms of Service Agreement

Whale Terms of Service Agreement

Cookie Policy

General


Whale (hereinafter "Whale", "we") primarily uses cookies to improve your browsing experience on www.usewhale.io (hereinafter the "Marketing site"), the Knowledge platform of Whale (hereinafter the"Platform"), (hereinafter the "App"). All data Whale obtains from these cookies are anonymous and will only be used to understand the customer's experience on the Site and the Platform with the aim to improve the performance and usability of this Site and Platform.

Whale has the right to update this cookie policy by publishing a new version on the Site. It is therefore highly recommended to regularly consult the Site and the relevant page on which the cookie policy is published, in order to be certain you have knowledge of any changes.Once a new cookie policy will be implemented, your consent regarding the use of the cookies will be requested again.


What is a cookie?

A cookie, also known as a HTTP cookie, a web cookie or a browser cookie, is usually a small text file sent from a website and stored in the user's web browser, resp. on the device of the user while a user is browsing on a website, resp. is using a mobile application. When the user in the future surfs on the same website, the data stored in that cookie can be retrieved by the website in order to notify the website of the last activity of that user. Cookies were designed as a reliable mechanism for websites to remember the status of the website or the previous user activity of a certain user. They help us to optimize your visit to the Site and Platform, to remember technical choices (e.g. choice of language, newsletter, etc.) and to offer more relevant services and offers. If you wish to consult the Site and the Platform resp. use it, Whale encourages you to enable cookies. However, if you choose to not do this, you are always free to disable the cookies.

Cookies may include clicking on certain buttons, logging-in or a record of the pages which were visited by the user, even months or years ago. Although cookies cannot contain viruses and cannot install malware on the host computer, tracking cookies, and especially third-party tracking cookies are often used as ways to establish long-term data from the browser history of individuals together. This implies major privacy concerns that gave rise for European and US lawmakers to take action in 2011. This cookie statement is in accordance with current Belgian law (Law of 07.10.2012 laying down rules on electronic communications, BS 09/20/2012).


This Site/Platform uses different types of cookies:

Strictly necessary cookies: As the name suggests, these cookies are strictly necessary to enable you to surf the Site, resp. use the Platform or to provide certain functions you requested.

Functionality cookies: These cookies improve the functionality of the Site and the Platform by remembering your preferences. For example, you can set up your profile on the
homepage.

Tracking Cookies: These cookies will survive user sessions. When the Max-Age of a permanent cookie is set at one year, then, within that year, the initial value – stored in that cookie – shall be sent back to the server each time the user visits the server. This is done to save a vital piece of information, such as how the user initially came to the Site or the Platform. For this reason they are also called tracking cookies. For example, once you have chosen your preferred language, the Site/Platform will record your preference in a persistent cookie and save it in your browser. When you visit the Site/Platform again, the Site/Platform will use that persistent cookie to ensure that the content is delivered in the desired language.

Performance Cookies: These cookies help to improve the performance of the Site and the Platform, so as to provide a better user experience. Whale uses Google Analytics, a popular web analytics service provided by Google Inc. Google Analytics uses cookies to help Whale to analyse how users use the Site/the Platform. It records the number of visitors and it provides Whale with information on their overall behaviour - such as the typical duration of a visit to the Site or the number of pages a user views on average.

Third party cookies: In order to support its communications, Whale has anchored its content in social media channels such as YouTube, Facebook, Twitter and LinkedIn and Whale makes use of the sharing features on social networks. The channels that Whale uses may contain cookies of these websites, but Whale does not verify this. You should consult the relevant website of these third parties to learn more about these cookies.

List of the cookies the Marketing site uses
The table below lists the cookies that Whale, where appropriate, collects and the information such cookies save.

Google Analytics cookies
We use Google Analytics cookies to collect data about your visits to our Site. For more information on how these cookies work, please consult the cookie and privacy statement of Google.
_GA
_GID
_UTMA
_UTMZ

Hotjar cookies
We use Hotjar cookies to analyse information on your surfing behaviour and computer mouse movements. Please consult the Hotjar cookie policy for more information on the cookies.
_HJINCLUDEDINSAMPLE

List of cookies the Whale knowledge platform uses

Whale cookies
session: This cookie saves your authentication

Disabling cookies
There are a few possibilities to avoid the storage of cookies. Please visit the websites of the different browsers to learn how you can block the storage of cookies. Please realize that when you decide to delete all your cookies, you probably will have to fill in all your usernames and passwords again on the websites you visit, where before you did not have to think about them. As already mentioned, cookies really can have an added value to your surfing experience on the web.

If you want to know more about cookies, please visit the sitewww.allaboutcookies.org. This site provides more information on cookies, explains in detail how to delete the cookies, and shows you how you can allow familiar sites to storage cookies on your computer.

Contact Whale
Whale BV Bredestraat 229600 Ronse (Belgium) support@whale.io
Terms

Whale -Terms of Service for customers

Definitions

Whale: A limited company registered under the laws of Belgium, with its registered office at 9600 Ronse, bredestraat22, VAT BE-0698.913.308.

Accounts:
The Customer Account or the User Account and all Services related thereto.
Customer Account: A personal login to the core app that allows the Customer to access and use the Services.

The customer account entails:
an admin account for the creation and managing of User Accounts and account settings (hereinafter the Admin Account) @a default account for the set-up of the User Accounts.
a read-only account for an overall overview of the data

Customer͟ : Any legal person who enters into an agreement with WHALE regarding to theServices to make this available to its Users.

Services͟ : The services WHALE offers to its Customers through an online SaaS platform

Users͟ : Every employee of the Customer or any third party designated by the Customer that makes use of the Services.


Scope
All commercial relationships between WHALE and the Customer are governed by (in descending hierarchical order): (i) where applicable the written agreement between WHALE and the Customer (including but not limited to the DPA), (ii) these terms of service and (iii) Belgian law.

By ordering the Services or entering into an agreement with WHALE – including registration for the Trial – the Customer acknowledges to have read these terms of service as well as the data processing agreement and thereby accepts them. The terms of service always take precedence over the Customers terms and conditions, even if they stipulate that they are the only valid conditions.

The (repeated) failure by WHALE to exercise any right may only be construed as the toleration of a particular situation and shall not give rise to a forfeiture of rights.

The invalidity of one or more provisions of these terms and conditions or any part thereof, shall not affect the validity and enforceability of the other clauses and/or the remainder of the provision in question. In such case, WHALE and the Customer shall
negotiate to replace the invalid provision by an equivalent provision in accordance with the spirit of these general terms and conditions. Should WHALE and the Customer not reach an agreement, the competent court can mitigate the invalid provision to what is (legally) permitted.

Offer
Announcements on the website(https://www.usewhale.io/) and/or on the social media of WHALE are entirely non-binding and may only be regarded by the Customer as an invitation to order the Services, unless explicitly specified otherwise.
An offer shall only be valid for (i) a specific order and shall thus not automatically apply to subsequent (similar)orders as well as for (ii) the duration as indicated thereon, however never longer than ninety (90) days after reception of the offer.

Trial version
Each potential Customer will be given the opportunity to use a demo of the Services through a demo account for a duration of 7 calendar days, free of charge. This demo has the single purpose of informing the Customer about the functioning and the features of the Services. The Customer cannot derive any other rights from the provision of the demo.

At the expiry of the demo period, WHALE will automatically disable the use of the demo account without any action by the user being required.
If the Customer wishes to place a definitive order upon (or even before) termination of the demo period, article 5 of the underlying terms and conditions will apply.

Conclusion of the agreement
In the event the Customer has requested a demo of the Services and was assigned a demo account, the Customer can order the Services through email (support@usewhale.io).

In order for an order to be considered valid by WHALE, certain information needs to be provided by the Customer to WHALE in a truthful manner including but not limited to the number of Users.

An agreement shall become effective upon (i) electronic confirmation of the agreement by a person authorized to commit WHALE, or (ii) the moment when WHALE starts with the performance of the Services.

WHALE always reserves the right to request additional information regarding the Customer, its activities or creditworthiness, and, if such information is not forthcoming, to refuse or suspend the performance of the Services.

Accounts
Following the conclusion of the agreement the demo account shall be converted into an Admin Account (as part of the Customer Account) or an Admin Account will be assigned to the Customer, granting the Customer access to the Services, which is provided as Software as a Service (SaaS)

Via the Admin Account, the Customer can create other Accounts according to its needs.
The Customer undertakes to inform its Users about the functionalities and restrictions of the User Account and about provisions of these terms of service. The Customer shall always remain responsible for every use of every Account and immediately cease and sanction. Any improper or unauthorized use of the Services it is informed about.

The Customer shall be solely responsible or taking the appropriate security measures to guarantee the security of the Accounts. It is advised for every User and the Customer to create a unique password and to change it frequently.

The Accounts are non-exclusive and non-transferable with exception to the reassignment of Accounts as stipulated in article 6.6.

The Customer may reassign Accounts from former Users who no longer require ongoing use of their Account, to new Users.


Delivery of the Services
Providing the Admin Account (as part of the Customer Account) to the Customer will be considered delivery of the Services.

Upon delivery, the Customer is obliged to carry out an initial verification involving, among other things: number of Users. The Customer is obliged to inform WHALE within 48 hours following delivery of any non-conformity through the helpdesk or by sending an email to support@usewhale.io.

If no complaints were made within the abovementioned timeframe, the Customer is deemed to have approved and accepted the delivery.

Unless expressly agreed otherwise, the expected time of delivery of the Services is always approximate and non-binding. Exceeding the scheduled delivery time can therefore not give rise to a fine, damages, substitution, or termination of the agreement at the expense of WHALE.

The scheduled delivery time shall automatically lapse in case (i) WHALE has not received all the information, necessary for the performance of the Services, in due time; (ii) of force majeure and/or hardship, as described in Article 20.

Performance of the Services
With regard to the performance of the Services, WHALE undertakes to use its best efforts and shall act in good faith and with due care in accordance with the criteria, to be determined independently by WHALE.

In case of issues with the performance, WHALE shall do its utmost to solve such issue as soon as reasonably possible, without making any guarantees relating thereto.

Furthermore, WHALE shall have the right to perform maintenance activities and updates on a regular basis. WHALE undertakes to minimize the impact of such maintenance/ updates on use of the Services by the Customer and the Users but does not give any guarantees concerning downtime in this respect. WHALE will however undertake to inform the Customer about such maintenance/ updates, if seen fit. If the Customer desires to be contacted personally about maintenance activities or updates, the Customer shall email a request to support@usewhale.io.

Issues with performance of the Services or maintenance/ updates shall entitle the Customer to any compensation with regard thereto.

Changes of the Services
WHALE has the right to change the offer and composition of the Services at any time. In such event, WHALE will inform the Customer thereof within a reasonable term prior to such change, in case of changes to the Services or in case of changes to the offer via email.

Use of the Services
The Customer acknowledges and undertakes to inform its Users that the Services shall only be used for internal business purposes and in compliance with all applicable laws and regulations relating there to. The Services shall not be used in any way other than explicitly allowed under these terms of service.

The Customer agrees not to and forbid its Users to (without being limitative):
Ask for the login-data of other Users;

Login to the Account of other Users/ hack the Account of other Users;

Sell, resell, license, sublicense, rent, lease or distribute the Services to any third party;

Copy, modify, adapt, alter, translate or make derivative works based upon the Services (other than any copies, modifications or derivative works made exclusively from the input/ reports/overviews which are created solely for Customers internal business purpose);

Use computer technology that may damage, interfere with, overloads or expropriates the Services including viruses, Trojan horses, worms, time bombs, or cancel bots. Customers should also refrain from any content that may burden or disturb the Services infrastructure and its proper functioning.
Access the Services without permission, including attempting to probe, scan or test the vulnerability of the Services or to breach any security or authentication measures used by the Services

Engage in, nor authorise others to engage in reverse engineering, disassembly or decompilation of the Services;

Remove or alter the respective copyright indications;

Send unsolicited and/or commercial messages, such as junk mail, spam and chain letters;

Use the Services (nor encourage, promote, facilitate or instruct others to use the Services) for the transmission of data which is illegal, defamatory, obscene, misleading, offensive, invasive of any person͛ s privacy, abusive, threatening, harmful, infringing someone’s intellectual property or otherwise objectionable, nor use the Services for illegal/ unlawful/ harm full purposes in general.

The Customer shall indemnify and/or hold WHALE (and its Users) harmless for (i) any (direct/ indirect) damage caused to WHALE or the Services by the Customer or its Users, and(ii) for all claims of whatever nature that might arise within the framework of the Services and which have been caused by the negligence or fault of the Customer or those of its Users.

Suspension
Whale reserves the right to suspend one or more Accounts in case:
Of late payment as stipulated in article 17.2;

In case Customers or its Users use of the Services pose a security risk to Whale, the Services, the Customers, the Users or any third party;

In case the Customer and/or its Users fail to comply with any of the provisions of these terms of service.

Suspension of the Accounts shall not entitle the Customer/Users to any compensation relating thereto whatsoever.

Helpdesk
If the Customer is in need of assistance or has an enquiry with respect to the Services, it can appeal on the helpdesk

The helpdesk is available through email (support@usewhale.io).

Integrations
The Customer is entitled to create integrations via the open API͛ s foreseen by WHALE, within the framework of article 10 and these terms of service in general.

WHALE does not under any circumstance guarantee the compatibility of the Services with the integrations of the Customer and is under no circumstance responsible or liable for any (direct/indirect) damage arising there from.

Price
The Services for Customers is offered by WHALE to the Customer at a monthly price depending on the number of Users.

In case the number of Users of the Customer increases during the term of this agreement, WHALE shall be entitled to increase its monthly price pro rata at its own discretion in accordance with the increased number of Users of the Customer. In case the number of Users of the Customers decreases during the term of this agreement, the Customer shall not be entitled to any form of price reduction.

All prices are expressed in Euro or US Dollar and are exclusive of VAT and any insurance and administration cost, unless expressly agreed otherwise. The prices shall be billed annually.

In so far, the prices are based on the then applicable wage costs, social security contributions and government levies, insurance premiums, costs of materials and infrastructure, exchange rates and/or other costs, WHALE shall, in the case of an increase of one or more of these pricing factors, be entitled to increase its prices accordingly, in accordance with the legally permitted standards. In the event of an increase of its prices, WHALE undertakes to notify its existing Customers through email at least one month prior to the application of the new prices.


Payment
WHALE reserves the right to request full payment of the yearly contribution from the Customer before starting with the performance of the Services of that year.

If the Customer fails to carry out such advanced payment in due time when requested by WHALE, the performance of the Services shall automatically be suspended and shall, without prior notice of default, be increased with a late payment interest of one percent (1 %) per month, whereby a month that has already started counts as fully completed
.
Moreover, WHALE shall be entitled to consider the Services as cancelled, in which case the Customer shall be obliged to pay a fixed compensation fee of € 250 excl. VAT, without prejudice to Whale’s right to claim higher compensation.

In all other events, the Customer must pay all invoices of WHALE in full by bank transfer to the account as communicated by WHALE within the payment term as stated on the invoice and without discount on the invoice date.

Invoices may only be legitimately disputed by the Customer by email within seven (7) days following invoice date, stating (i) the invoice date, (ii) the invoice number and (iii) detailed motivation. Such dispute does not discharge the Customer from its obligation to pay.

The unconditional payment by the Customer of (a part of) the invoice amount is considered explicit acceptance of the invoice.

Partial payments by the Customer are always accepted subject to change and without any prejudice, and first allocated to the collection costs, next to the damages, the interest due and, finally, to the principal sum, with preference given to allocation to the oldest outstanding principal sum.

Electronic billing
By entering into an agreement with WHALE, the Customer expressly agrees to the use of electronic billing by WHALE.

Consequences of late or non-payment
Any invoice that remains fully or partially unpaid by the Customer on the due date shall, without prior notice of default, be increased with a late payment interest of one percent (1 %) per month, whereby a month that has already started counts as fully completed, plus € 250;excl. VAT by the way of lump sum damages without prejudices to Whale’s right to claim higher compensation.
Furthermore, WHALE shall be entitled to cancel or suspend any further performance of the Services, and all other invoices shall immediately become due and payable, even if they have not yet fallen due. All permitted payment conditions will cease to apply.
The same applies in the event of an imminent bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other fact showing that the Customer is insolvent.

Term and termination of the agreement

Term
The agreement shall continue in effect for a definite duration of one (1) year, unless explicitly agreed otherwise. The term shall automatically be prolonged with one (1) year if the agreement is not terminated by the Customer, nor by WHALE by the latest thirty (30) calendar days before termination there of, which shall entitle WHALE to invoice the Customer for the renewed term.

The notice of termination must be done by email, containing the start and the end of the notice period.

Termination of the agreement due to material breach or exceptional circumstances
Notwithstanding any provisions to the contrary in these terms and conditions, both WHALE is entitled to terminate the agreement at any time and without legal intervention in the event:

The Customer materially breaches any oft he provisions of the agreement and, notwithstanding an email from the other party to refrain from such a breach and to rectify the situation, fails to comply with such a request within twenty (20) days following the receipt of such email, without prejudice of the other party to claim from the defaulting party an additional compensation as a result of this contractual breach;
Of exceptional circumstances which make it impossible to continue any professional cooperation between WHALE and the Customer.

Parties agree that the following circumstances should be considered as exceptional circumstances:

If the Customer ceases its payments, files a declaration for bankruptcy, is declared bankrupt, enters into a liquidation or similar proceedings or is liquidated.

Every circumstance which affects the ability of the Customer to comply with its contractual obligations in a thorough manner or where it cannot reasonably be expected that the Customer fulfils its contractual obligations;

Force majeure or hardship which continues for an uninterrupted period of more than consecutive two (2) months following the moment on which WHALE, which is confronted with this force majeure, notifies the Customer thereof.

Consequences of termination of the agreement

Upon termination of the agreement:
WHALE undertakes to deactivate the Account within fourteen (14) calendar days as of termination;
The Customer shall have the possibility during a term of fourteen (14) calendar days as of termination to export its data and the data of its Users through the available export tools;

Each party will discontinue its use and will return the Confidential Information and proprietary materials of the other party.
Articles 21 and 23 shall survive and continue in full force and effect in accordance with their terms, notwithstanding the expiration or termination of their agreement for whatsoever reason.

The termination of the agreement, for whatsoever reason, shall not prejudice the rights acquired by each party.


Liability
WHALE’s liability shall be limited tot he lower of the following two amounts: (i) the invoice value of the Services performed by WHALE in the year when the liability arose, or(ii) the amount of the payment of the insurance policies entered into by the WHALE and in any case be limited to the liability mandatory under Belgian law.

WHALE is under no circumstances whatsoever obliged to compensate for indirect and/or consequential damages (including, but not limited to loss of income or damages to third parties) or damages due to force majeure/hardship (cfr. Article 20).

Neither shall WHALE be liable for damages caused directly or indirectly by an act or omission of the Customer or a third party, regardless of whether these were caused by a fault or negligence. Nor shall WHALE be liable for:

Damage caused by using the Services for a different purpose than the purpose for which the Services have been developed or were intended by Whale;

Damage caused by non-compliance with any advice/ guidelines/terms of service/terms of use/ provided by WHALE, which the latter always provides on a discretionary basis;
Damage caused by loss or incorrect use of input of Users and other data, unless this damage was caused willingly entirely due to WHALE

Additional damage caused by continued use by the Customer and/or its users after a defect has been detected.

The Services are provided by WHALE on an s is͟ basis (to the maximum extent permittedby law). WHALE does it utmost to inform the Customer about the content and functionalities of the Services prior to and after its order since every Customer has the right to make use of the demo (cfr. Article 4) and can ask WHALE for extra information on the Services at all times. Following the afore mentioned, the Customer hereby declares to have been and still be sufficiently informed about the content and functionalities of the Services.
The intended use of the Services by the Customer is determined under its full responsibility and at its own risk. WHALE cannot be held liable in any way for non- compliance of the Services with this intended use, nor for any direct or indirect damage resulting from this intended use.

Without prejudice to article 8, WHALE does not guarantee (i) that the performance of the Services is free of errors, bugs, etc. nor that these errors, bugs, etc. will be remedied (within a reasonable timeframe), (ii) that the Services will be constantly available and free of viruses (iii) nor that the Services will fully function in case of lack of an internet connection or the use thereof in combination with non common or dated operating systems, browses, plugins, scripts or all other software/hardware.

In case the Customer provides WHALE (through the Services) with its passwords/ logins or any other confidential information to any third-party service, the Customer does so at its own discretion and WHALE will not under any circumstance be liable for the receipt thereof.

The Customer acknowledges that WHALE’ s liability can only be invoked by the Customer directly and not by any third party such as the Users. In light of the aforementioned, the Customer shall indemnify and/or hold WHALE (including its Users) harmless from all claims of whatever nature that might arise within the framework of the Services and which have been caused by its own negligence, fault or carelessness of those of its Users.

Force majeure/hardship
WHALE is not liable for any breach of its obligations that is caused by force majeure or hardship. Cases of force majeure or hardship are conventionally considered as: all circumstances that were reasonably unforeseeable at the time the agreement was concluded and that are unavoidable, and that, on the part of WHALE, create the inability to carry out the agreement, or that would make the implementation of the agreement, financially or otherwise, harder or more difficult than normally anticipated (such as, but not limited to hacking that is not reasonably foreseeable, war, natural disasters, fire, confiscation, delays on the part of third parties or bankruptcy of third parties with whom WHALE cooperates, shortages of personnel, strikes, organisational circumstances, threat or act of terrorism).

The aforementioned situations entitle WHALE to apply for the revision and/or suspension of the agreement by simple electronic notification to the Customer, without WHALE becoming liable for any damages whatsoever. If a situation of force majeure
and/or hardship lasts longer than 2 months, the parties have the right to terminate the agreement.

Intellectual rights
WHALE is and remains the sole owner of all copyrights and other intellectual property rights with respect to the WHALE Services, software and all documents, advises, reports, slides, drawings and pictures provided to the Customer during the performance of the Services.

Consequently, the Accounts provided to the Customer implies the right to use – at a charge– the Services. No implied licenses shall be granted under this agreement. Under no circumstances such account:

Entails a transfer of ownership of the Services by WHALE to the Customer;
Grants the Customer any rights to (use)the Services, trade names, brand name and/or trademarks of WHALE;

Grants the Customer the right to request WHALE to deliver a copy of any source codes, software or other means utilized by WHALE to provide the Services.

Without prejudice to the right of the Customer or any third party to challenge the validity of any intellectual property of WHALE, the Customer shall not perform or authorize any third party to perform any act which would or might invalidate or be inconsistent with any intellectual property of WHALE and shall not omit or authorize any third party to omit to do any act which, by its omission, would have that effect.

The Customer undertakes to notify WHALE of any actual, threatened, or suspected infringement of any intellectual property rights of WHALE which comes to the Customer͛s notice, and of any claim by any third party due to use of the Services.

The customer acknowledges and explicitly agrees that WHALE has the right to use/publish/share Customer its trademarks, business names and logo͛ s on its website, social media and Services for (amongst others) reference and marketing purposes.


Privacy
WHALE as controller:
The processing of personal data of the(potential) Customer by WHALE, in its capacity of controller, shall take place in accordance with the provisions of the WHALE privacy declaration. Please read these terms of service together with the WHALE privacy policy, which is available on the website.

WHALE as processor:
The Customer acknowledges that – with regard to the processing of the data of the Customer and its Users – it shall act as controller and WHALE as processor. All arrangements made between parties in this respect shall be governed by the data processing agreement between parties.

Following the above the Customer acknowledges explicitly that by ordering the Services or entering into the agreement with WHALE, the Customer is deemed to have read and accept the data processing agreement in its entirety. WHALE reserves in any case the right to collect metadata of the Customer and the User. The collection of metadata has no privacy related consequences whatsoever and has the sole purpose of optimising the Services and their usability.

Applicable law & jurisdiction
Belgian law shall apply.

Disputes are subject to the exclusive jurisdiction of the courts of the district where WHALE has its registered office.
Privacy policy

Privacy Policy of usewhale.io
This Application collects some Personal Data from its Users.

Owner and Data Controller
Whale BV, Bredestraat 22, 9600 Ronse, Belgium

Owner contact email:
gary.vanbutsele@usewhale.io

Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through thirdparties, there are: Cookies; Usage Data; first name; last name; company name; email address.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.

Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published, or sharedthrough this Application and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, followingorganisational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
Users have given their consent for one or more specific purposes. Note: Under somelegislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law; provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations there of; processing is necessary for compliance with a legal obligation to which the Owner is subject; processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner; processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organisation governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:
Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfil such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner 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.

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

The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics and Contacting the User.Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:

Analytics
The services contained in this section enable the Owner to monitor and analyse web traffic and can be used to keep track of User behaviour.

Google Analytics (Google Ireland Limited)Google Analytics is a web analysis service provided by Google Ireland Limited(“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies; Usage Data.

Place of processing: Ireland - Privacy Policy - Opt Out. Privacy Shield participant.

Hotjar Form Analysis &Conversion Funnels (Hotjar Ltd.)
Hotjar is an analytics service provided by Hotjar Ltd.Hotjar honours generic Do Not Track headers. This means your browser can tell its script not to collect any of your data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here.

Personal Data collected: Cookies; Usage Data.<Place of processing: Malta - Privacy Policy - Opt Out.

Heat mapping and session recording
Heat mapping services are used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of User behavior.Some of these services may record sessions and make them available for later visual playback.

Hotjar Heat Maps & Recordings (Hotjar Ltd.)
Hotjar is a session recording and heat mapping service provided by Hotjar Ltd.Hotjar honours generic „Do Not Track” headers. This means the browser can tell its script not to collect any of the User's data. This is a setting that is available in all major browsers.
Find Hotjar’s opt-out information here.

Personal Data collected: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: Malta - Privacy Policy - Opt Out.

Contacting the user
Contact form (this Application)
By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal Data collected: company name; email address; first name; last name.

Mailing list or newsletter (this Application)
By registering on the mailing list or for the newsletter, the User’s 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 Application. Your email address might also be added to this list as a result of signing up to this Application or after making a purchase.

Personal Data collected: company name; email address; first name; last name.

The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following:

Withdraw their consent at any time.
Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.· Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

Access their Data.
Users have the right to learn if Data is being processed by theOwner, obtain disclosure regarding certain aspects of the processing, and obtain a copy of the Data undergoing processing.

Verify and seek rectification.
Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

Restrict the processing of their Data.
Users have the right, under certaincircumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

Receive their Data and have it transferred to another controller. Users have theright to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing.
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Additional information about Data collection and processing
Legal action
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests.To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please read their privacy policies.

Change’s to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or -as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Data transfer outside the EU
The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.Users can inquire with the Owner to learn which legal basis applies to which specific service.

Data transfer abroad based on standard contractual clauses (this Application)
If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Owner according to “standard contractual clauses” provided by the European Commission.This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact the Owner through the contact details provided in the present document.

Hosting and backend infrastructure
This type of service has the purpose of hosting Data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application.

Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Google Cloud Storage (Google LLC)
Google Cloud Storage is a hosting service provided by Google LLC.
Personal Data collected: various types of Data as specified in the privacy policy of the service.Place of processing: Belgium - Privacy Policy. Privacy Shield participant.

Push notifications
This Application may send push notifications to the User to achieve the purposes outlined in this privacy policy.

Users may inmost cases opt-out of receiving push notifications by visiting their devicesettings, such as the notification settings for mobile phones, and then change those settings for this Application, some or all of the apps on the particular device.Users must be aware that disabling push notifications may negatively affect the utility of this Application.

Definitions and legal references
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information— including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data
Information collected automatically through this Application (or third-party servicesemployed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (UniformResource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer(successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User
The individual using this Application who, unless otherwise specified, coincides with the Data Subject.

Data Subject
The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointlywith others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application
The means by which the Personal Data of the User is collected and processed.

Service
The service provided by this Application as described in the relative terms (if available) and on this site/application.

European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies
Small sets of data stored in the User's device.

Legal information
This privacy statement has been prepared based on provisions of multiple legislations,including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Application, if not stated otherwise within this document.