Terms & Conditions
17-02-2025
CM.com Terms and Conditions for Appmiral Service
1. Application
1.1 The conclusion of an agreement for the APPMIRAL service shall entail the full and unconditional acceptance of these Terms and Conditions.
2. Agreement & Scope
2.1 The APPMIRAL Service is provided to Client by CM.com (“CM.com”).
2.2 An Agreement shall be concluded by and between CM.com and the Client by the signing of an Order, incorporating these Terms and Conditions.
2.3 The Terms and Conditions contain the general contractual framework for the Services that may be provided by CM.com to the Client with regard to the Product, consisting of:
- A right to use the Product (the “Product License”);
- A right to receive Services in relation to the Product.
2.4 Each Order mentions the specific terms agreed upon with regard to the relevant subject and applies in addition to these Terms and Conditions. In the event of a conflict or a conflict of interpretation between these Terms and Conditions and an Order, the terms and conditions of the latter will apply.
3. Set Up of the Product
3.1 CM.com shall provide the set up and implementation of the Product to the Client, consisting of the design, development and delivery of the Product to the Client and submitting the Product to the store(s) (the “Set Up Services”).
3.2 CM.com shall use all reasonable endeavours to ensure that the Set Up Services are provided in accordance with the timetable set out in the Proposal.
3.3 The Client acknowledges that a delay in the Client performing its obligations under these Terms and Conditions may result in a delay in the performance of the Set Up Services and CM.com will not be liable to the Client in respect of any failure to meet the Set Up Services timetable to the extent that failure arises out of a delay in the Client performing its obligations.
4. Product License
4.1 Grant of license CM.com grants to the Client a non-exclusive and non-transferable right to use the Product during the Term, in accordance with these Terms and Conditions and for the Client’s own internal purposes and business operations exclusively.
4.2 Client restrictions The Client may not: copy, translate, modify, adapt, decompile, disassemble, reverse engineer the Product in whole or in part, except as and to the extent specifically authorized by applicable law; create derivative works on the basis of the Product, modify the design of the databases that underlie the Product or perform Updates using update queries not supplied by CM.com; transfer the Product as a whole or in parts to the IT-environment of third parties without the consent in writing of CM.com; at any time deposit as security, assign, sub-license, sublease, sub-host, sell or give away control of any portion of the Product, without CM.com’s written consent.
4.3 Title and Ownership Nothing in these Terms and Conditions will create the transfer of title or (intellectual) property rights to the Product and related objects by CM.com to the Client.
4.4 Protection & modifications CM.com is authorized to take technical measures to protect the Product against unauthorized use and/or copying. CM.com is authorized to replace or modify the source code of the Product in order to adjust it to the evolution of the Product.
4.5 Crowd Connect Feature In the event that Client requests CM.com to integrate the Crowd Connect feature in the Product, and Crowd Connect is a part of the Service provided to Client under the Agreement, the following conditions apply and Client hereby unconditionally accepts and agrees to the terms and conditions of Crowd Connect available at https://www.crowdconnected.com/downloads/Colocator-TsCs.pdf
5. Customisations
5.1 CM.com and the Client may agree that CM.com shall design, develop and implement a Customisation or Customisations in accordance with a specification and project plan agreed in writing by the parties in an additional Order.
5.2 All Intellectual Property Rights in the Customisations shall, as between the parties, be the exclusive property of CM.com (unless the parties agree otherwise in writing).
5.3. The Client acknowledges and agrees that CM.com is the only party who is allowed to design, develop and implement Customisations to the Platform.
6. Support Services
6.1 CM.com shall provide the Support Services to the Client during the Term. 6.2 CM.com shall provide the Support Services in accordance with the standards of skill and care on a best effort basis. 6.3 CM.com shall provide the Support Services in accordance with Attachment 2. 6.4 CM.com may suspend the provision of the Support Services if any amount due to be paid by the Client to CM.com under the Terms and Conditions is overdue, and CM.com has given to the Client at least 30 days’ written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
7. Maintenance Services
7.1 CM.com shall provide the Maintenance Services to the Client during the Term, at its sole discretion. 7.2 CM.com shall provide the Maintenance Services with reasonable skill and care in accordance with Attachment 3. 7.3 CM.com may suspend the provision of the Maintenance Services if any amount due to be paid by the Client to the CM.com under the Terms and Conditions is overdue, and CM.com has given to the Client at least 30 days’ written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
8. Availability
8.1 CM.com shall maintain the availability of the Product to a sufficient level during the Term. CM.com shall provide the Services in relation to the availability of the Product with reasonable skill and care, in accordance with Attachment 4. CM.com may suspend the provision of the Services in this respect if any amount due to be paid by the Client to CM.com under the Terms and Conditions is overdue, and CM.com has given to the Client at least 30 days’ written notice, following the amount becoming overdue, of its intention to suspend the Services concerning the availability of the Product on this basis.
9. Client Obligations
9.1 In order to respect the provision of Services under these Terms and Conditions, the Client will: make sure that the System Requirements (both software and hardware requirements) are met; provide the design assets and data required in a timely manner in order for CM.com to provide the Services to the Client under the Terms and Conditions; grant its co-operation to the Set Up Services by providing all useful and requested information and timely approvals to CM.com ; provide reasonable assistance to CM.com in diagnosing defects or any security issues relating to the Product; not request, permit or authorize anyone other than CM.com to provide any Services in respect of the Product without the written authorization of/or as suggested by the latter.
9.2 If any data or other input required from the Client for the Set Up Services or for the provision of Support Services is not available to CM.com or not available in good time or if the Client does not fulfil its obligations in any other way, CM.com will be entitled to suspend the execution of Services under these Terms and Conditions and/or charge extra, without prejudice to the right of termination in accordance with Clause 14.
10. Excluded Matters
10.1 CM.com will have no obligation to provide Services for: a Product that has been modified, repaired altered or merged with unauthorized software by the Client or third parties; use of the Product not in line with the reasonable instructions of CM.com ; use of the Product for a purpose for which it was not designed. 10.2 Any service which is provided by CM.com as a result of any of the foregoing will be considered as additional Services out of scope and charged in accordance with the then current rates of CM.com or subject to the signing of an additional Order.
11. Fees
11.1 The Annual Fees for the Product license and Services provided under these Terms and Conditions are listed in the Order.
11.2 The cost for the development of new functionalities, development services in relation to integration with new Client systems will be charged separately to the Client in accordance with an additional Order.
12. Payment Terms and Taxes
12.1 The Client agrees to pay all invoices issued by CM.com under the Terms and Conditions. Except if explicitly agreed otherwise in the Proposal, CM.com’s invoices must be paid by the Client within fourteen (14) days, starting on the invoice date and to the account number as mentioned on the relevant invoice.
12.2 In case of any overdue payment, the relating invoice will, without prior notice of default, bear interest at the rate of 8% per month, as well as a contractual indemnity set at 10% of the total amount invoiced, with a minimum of € 300. In addition, in case of any overdue payment: all other claims against the Client that are not yet due, will become due without prior notice; CM.com can refuse to deliver any Services until the amount owed has been paid in full, including any interest and contractual indemnity due thereon; CM.com can pursue any other remedies available under applicable law. 12.3 Unless explicitly agreed otherwise, all amounts are net of taxes. All taxes which are or may be levied in the future by a government authority in respect of the Services provided by CM.com under these Terms and Conditions, will be borne by the Client.
13. Limited Warranty
13.1 CM.com warrants that the Product conforms in all material respects to the specifications as listed in the Order.
13.2 CM.com provides no other warranty, whether express or implied, in relation to the Product, except for the mandatory legally provided warranties. In particular, CM.com provides no warranties of any kind in relation to: the merchantability and/or fitness of the Product for a particular purpose; the compatibility of the Product with the software and/or the hardware of third parties; the expectation of the Client that the Product will satisfy or may be customized to satisfy all or any of Client’s specific requirements, except if explicitly agreed otherwise in writing; the uninterrupted or error-free use of the Product by the Client, regardless of whether such warranty would otherwise be imposed by contract, statute, course of dealing, custom and usage, or otherwise.
13.3 If CM.com supplies or assists in supplying to the Client any hardware or non- CM.com software during or after the Setup Services, the Client acknowledges that any warranty is provided solely by the relevant third party vendor, and not by CM.com in whatever way. Hence, the Client will address any warranty or other claim directly to the relevant third party.
14. Term and Termination
14.1 The Agreement will commence on the Signature Date and will remain in force and effect for an initial period stipulated in the Order (the “Term”). Subsequently the Term will be tacitly renewed for the same periods as the initial period, unless the Agreement is terminated by one of the Parties upon written notice to the other Party at the latest three (3) months before the end of the then current period.
14.2 Despite the above, the parties will be entitled, without prejudice to their other rights or remedies, to terminate the Agreement at any time and with immediate effect by notice by registered letter to the other party if (“Termination for cause”): said party is in breach of any of its obligations under the Agreement and either that breach is incapable of remedy or the concerning party has failed to remedy that breach within thirty (30) days after receiving written notice requiring it to do so; or a court order is made for the winding up of said party; an effective resolution is passed for the winding up of said party (other than for the purposes of amalgamation or reconstruction); said party has a receiver, manager, administrative receiver or administrator appointed in respect of it; or said party is unable to pay its debts as they fall due or its assets are worth less than its liabilities on a balance sheet basis. Such immediate termination of the Agreement will automatically cause the immediate termination of the Proposal and any additional Proposals between the parties.
14.3 Upon early termination of the Agreement a) by CM.com due to the Client’s breach or b) by the Client in breach of the Agreement, CM.com may require the payment of damages proportionate to the remaining Fees, without prejudice to any other indemnity exceeding this amount.
14.4 Upon expiry or termination of the Agreement: the Client’s right to receive and use the Product and/or Services under the Agreement will cease automatically; each party will immediately return to the other all property and materials belonging to that party, including all Confidential Information; all amounts due from the Client to CM.com hereunder will be paid immediately. 14.5 Any termination of the Agreement will not affect any accrued rights or liabilities of either party, nor will it affect the coming into force or the continuance in force of any provision of these Terms and Conditions which are expressly, or by implication, intended to come into force or continue in force on or after termination.
15. Relationship Between the Parties
15.1 The relationship between the parties is that of independent contractors. Nothing in these Terms and Conditions will constitute, create or give effect to a joint venture, employer/employee relationship, partnership or other co-operative entity between the parties.
16. Limitation of Liability
16.1 CM.com will not be liable to the Client or any other party for any indirect or consequential economic losses or damages, including, but not limited to, loss of profits, loss of revenue, loss of data or loss of goodwill, howsoever arising out of or in connection with the performance of Services under these Terms and Conditions.
16.2 To the full extent permitted by applicable law, CM.com’s total liability for direct damages to the Client in respect of these Terms and Conditions will not exceed the amount of the Fees paid by the Client for the last six (6) months, but never exceeding a total amount of EUR 50.000 (fifty thousand Euros).
17. Intellectual Property Rights
17.1 All Intellectual Property Rights in either party’s materials, information or data provided by that party to the other party under these Terms and Conditions will be and remain vested in that party. The other party will have no rights in respect thereof save for any rights granted to it by that party under these Terms and Conditions.
17.2 All intellectual Property Rights in any materials, logo’s trademarks of Client (“Client Materials”) which are provided by Client to CM.com and are used in the Product will be and remain vested in Client at all times. When supplying Client Materials, and/or any third party materials Client represents and warrants that (i) it has obtained all necessary rights, authorizations and licenses for the access to and the use of the Client Materials and/or third party materials by CM.com; (ii) CM.com’s use of the Client Materials and/or third party materials in accordance with the agreement will not violate any applicable (data protection) law or cause a breach of any agreement or obligations between Client and any third party; and (iii) the use of the Client Materials and/or third party materials, and the provisioning of the Service and Product will not infringe nor violate any Intellectual Property Rights of any third party.
17.3 All Intellectual Property Rights in the Product, the APPMIRAL and/or CM.com trademark and all signs and logos used in the Product will be and remain vested in CM.com at all times. The Client will have no rights in respect thereof save for any rights granted to it by CM.com under these Terms and Conditions.
17.4 All Intellectual Property Rights created in the delivery of Services will, as between the Parties, be the exclusive property of CM.com.
17.5 The Client acknowledges that CM.com may make the result of any Services available to any of its other clients or any other third party.
17.6 CM.com allows rebranding of the Product depending on the pricing tier selected, as stipulated in the SOW.
18. Indemnity for Breach of Third Party Rights
18.1 Without prejudice to Clause 16, CM.com will indemnify the Client against any direct damages which may be awarded against it by an enforceable court decision, as a result of the Product being held to infringe an Intellectual Property Right of a third party, but only if: the Client notifies CM.com promptly by e-mail, immediately confirmed by registered mail, upon learning that a claim might be asserted; CM.com has sole control over the defense of the claim and of any negotiations for its settlement or compromise; the Client takes no action that is contrary to CM.com’s interests.
18.2 If a claim, as described in this clause, may be or has been asserted, the Client will permit CM.com, at the latters option and expense, to: procure the right to continue using the Product; replace or modify the Product to eliminate the infringement while providing functionally equivalent performance; or return the Product and refund to the Client a pro rata share of Fees that the Client has actually paid for the period that the Product is/was not usable.
18.3 CM.com will have no indemnity obligation whatsoever to the Client under this clause if the Intellectual Property Rights infringement claim results from: a correction or modification of the Product not provided by CM.com; the failure to promptly respond to suggested Updates or Upgrades which would resolve the infringement; the use of the Product by the Client in a manner not consistent with these Terms and Conditions or the reasonable instructions of CM.com; or the combination of the Product with other software not agreed upon by CM.com.
19. Confidentiality
19.1 The parties acknowledge that they may become privy to Confidential Information which is disclosed by the other party.
19.2 The Receiving Party will keep all Confidential Information confidential. The Receiving Party will not disclose Confidential Information to any other person, and will not use Confidential Information for any purposes other than for the purposes of the Agreement. The Receiving Party will safeguard the Confidential Information to the same extent that it safeguards its own confidential and proprietary information and in any event with not less than a reasonable degree of protection.
19.3 The Receiving Party agrees to disclose Confidential Information only on a “need-to-know” basis to employees and independent contractors.
19.4 The Receiving Party agrees that before any of its subcontractors and/or agents may be given access to Confidential Information, each such subcontractor and/or agent will agree to be bound by a confidentiality undertaking comparable to these Terms and Conditions. Notwithstanding the return of any Confidential Information, the Receiving Party and its subcontractors and/or agents will continue to hold in confidence all Confidential Information, which obligation will survive any termination of the Agreement.
19.5 In the event the Receiving Party is requested or required to disclose, by court order or regulatory decision, any of the other party’s Confidential Information, the Receiving Party will provide the other party with prompt written notice so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of these Terms and Conditions. The Receiving Party will furnish only that portion of the Confidential Information which is legally required.
19.6 Within ten (10) Business Days upon (i) the termination of the Agreement or (ii) the Disclosing Party’s reasonable earlier request at any time, the Receiving Party will destroy or return to the Disclosing Party (at its option) any and all of Disclosing Party’s Confidential Information, and will purge all copies and traces of the same from any storage location and/or media.
19.7 Confidential Information will not include any information that the Receiving Party can establish: prior to receipt from the Disclosing Party, was in the possession of or rightfully known by the Receiving Party without an obligation to maintain its confidentiality; at the time of use or disclosure by the Disclosing Party was generally known to the public without violation of these Terms and Conditions and not as a result of any action or inaction of the Receiving Party; is disclosed to the Receiving Party by a third party not in violation of any obligation of confidentiality; or is independently developed by the Receiving Party without the participation of employees or other individuals who have had access to Confidential Information of the Disclosing Party.
20. Data Protection
20.1 Each party shall, at all times, comply with its respective obligations under the General Data Protection Regulation 2016/679, as amended, and any further implementation or replacement of that law (“Data Protection Legislation”). The word “Process” and the expression “Personal Data”, when used in this clause shall have the meaning assigned thereto in the Data Protection Legislation.
20.2 CM.com shall process Personal Data provided to it pursuant to these Terms and Conditions and the Data Processing Addendum (Attachment 5) in accordance with the Data Protection Legislation.
21. Subcontracting and Assignment
21.1 CM.com will be entitled to use the services of subcontractors for the performance of any Services under these Terms and Conditions. In such case, CM.com will remain liable towards the Client for the performance of these services.
21.2 The Agreement may not be assigned by either party without the written consent of the other party, in whole or in part, such consent not to be unreasonably withheld; provided, however, that either party may assign the Agreement, in whole or in part, without prior notice or permission to; (i) any of its affiliates or to a third party that succeeds all or substantially all of its business and assets relating to the subject matter of the Agreement, whether by merger, acquisition, sale of a majority of its equity, sale of substantially all of its assets, or a similar transaction; or (ii) to a financial institution in the event of an assignment of receivables. Any prohibited assignment shall be null and void. Subject to the foregoing, the Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns.
22. Force Majeure
22.1 If the performance of the Agreement by either party, or of any obligation thereunder (with the exception of payment obligations), is prevented, restricted or interfered with by reason of war, revolution, civil commotion, riot, fire, flood, disaster, acts of public enemies, blockade or embargo, strikes, any law, order, proclamation, regulation, ordinance, demand or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, which is beyond the reasonable control of the party affected, such party will, upon giving prior written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected will use its best efforts to avoid or remove such causes of non-performances, and will continue performance thereunder with the utmost dispatch whenever such causes are removed; provided, however, that the non-excused party may terminate the Agreement if such non-performance continues uncured for thirty (30) calendar days.
23. Miscellaneous
23.1 Compliance with laws and regulations Both parties will, for their own accounts, comply with the laws and regulations of the public authorities relating to these Terms and Conditions and pay all fees or other expenses in this respect.
23.2 Waiver The failure of either party at any time to insist upon strict performance of any of the provisions under these Terms and Conditions will not be deemed a waiver of its right at any time thereafter to insist upon strict performance.
23.3 Notices All notices, demands or consents required or permitted under these Terms and Conditions will be in writing. Notice will be sent to the parties at the addresses set forth on the SOW, or at such other address as will be given by either party to the other in writing.
23.4 Headings Section headings used herein are for reference only and will not be used to construe the provisions of these Terms and Conditions. The plural will be deemed to include the singular, and the singular will be deemed to include the plural.
23.5 Applicable law and jurisdiction As per Attachment 1: Governing law and disputes.
24. Definitions and Interpretation
24.1 Definitions For the purposes of these Terms and Conditions, the following terms will have the meanings specified or referred to in this clause: “Agreement” each agreement and/or “Order” entered into by and between CM.com and the Client, to which these Terms and Conditions shall apply. “Attachment” will mean any attachment to these Terms and Conditions, forming an integral part thereof. “Bugs” will mean any mistake, problem, or malfunction which causes an incorrect or inadequate functioning of the Product without such Incident being caused by third party interference or dependencies. “Major Bug” will mean a Bug which has a substantial impact on Client’s use of the Product, as listed in the APPMIRAL Service Level Agreement as incidents of severity High and Urgent; “Minor Bug” will mean a Bug which does not have any substantial impact on Client’s use of the Product, as listed in the APPMIRAL BASIC Support Services Agreement as incidents of severity Low and Medium. “Business Day” will mean Monday through Friday, excluding public holidays in Belgium. “Business Hours” will mean 9:00 a.m. – 5:00 p.m. on a Business Day in the Brussels timezone. “Client” will mean the Party receiving the right to use the APPMIRAL Product and Services as defined in the Proposal. “CM.com” the CM.com group company entering into the Agreement with Client as identified in the applicable Agreement. “Confidential Information” will mean any and all information that is disclosed (orally, in writing, by electronic delivery, or otherwise) by one party (“Disclosing Party”) to the other party (“Receiving Party”) prior to or during the term of the Agreement (or to which the Receiving Party otherwise gains access as a result of the Agreement) relating to the business of the Disclosing Party, including without limitation business plans and models, financial information, market research, Client and supplier information, proprietary software and methods, and information concerning proprietary inventions and technologies. The Product, Documentation and these Terms and Conditions, including the amount of fees to be paid hereunder, are agreed to be Confidential Information of APPMIRAL. “Documentation” will mean any (a) publications relating to the use of the Product, such as reference manuals, user guides, systems administrator and technical guides; or any (b) written materials prepared by APPMIRAL describing the infrastructure setup, platform, software requirements or any technical specifications relating to the functionality of the Product, installation specifications, and other technical requirements specified for the operation of the Product, as made available by APPMIRAL to the Client. “End users” will mean the people who actually have access to and use the Product. This may include, but is not limited to, the Client’s employees, (sub)contractors and other members of the Client’s workforce. “Fees” will mean all fees – annual or one-off, related to the Services provided by APPMIRAL as agreed upon in the Proposal. “Incident” , “error” or “defect” will mean that the operation of the Product deviates from the (expected) standard as provided for in the Proposal and any related Documentation. “Intellectual Property Rights” will mean all patent rights, trademarks, designs and models, copyrights, softwarerights, rights in databases, proprietary rights in know-how, including trade secrets and other confidential information, and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever. “Payment Milestone” will mean a specific moment or event as defined in the Proposal, triggering the payment date of certain Fees. “Product” will mean the APPMIRAL core product, which is a software application, with regard to festivals and more specifically one of the different packages offered by APPMIRAL, namely (i) improve, (ii) extend or (iii) augment, as listed in the Proposal. “Product License” will mean a right to use the Product. “Services” will mean any services that APPMIRAL provides to the Client under these Terms and Conditions. “Set Up Services” will mean, amongst others, set up, implementation and integration supplied by APPMIRAL to the Client with regard to the Product. “Maintenance services” will mean any services related to the maintenance of the Product. “Support Services” will mean any services related to the support of the Product. “Signature Date” will mean the moment the Proposal is signed. “Sign off” will mean the moment in which the Product, as it was deployed to production is accepted by the Client. “Proposal” will mean an offer that includes all commercial aspects, also incorporating these Terms and Conditions, that may be signed between APPMIRAL and the Client. “System Requirements” will mean, the minimum hardware and software requirements, including devices, operating system versions and general End User equipment requirements to run the Product, as listed in the Proposal and the Documentation, or notified otherwise by APPMIRAL to the Client. “Term” will mean the initial period stipulated in the SOW. “Terms and Conditions” will mean the general Terms and Conditions of APPMIRAL as set out herein and applying to all Proposals of APPMIRAL. “Update” will mean a release of the Product which corrects faults and Bugs or otherwise amends the Product, but which does not constitute an Upgrade. “Upgrade” will mean a new version of the Product, usually consisting of several bundled improvements, adjustments and reviews. 24.2 Interpretation The titles and headings included in these Terms and Conditions are for convenience only and do not express in any way the intended understanding of the parties. They will not be taken into account in the interpretation of these Terms and Conditions. The Attachments to the Terms and Conditions form an integral part thereof and any reference to the Terms and Conditions includes the Attachments and vice versa. ***
Last modified on the 16th of February 2021.
First of all, we are excited that you are interested in Appmiral. In this privacy statement we document the way Personal Data is processed by us.
It is possible that we will ask you to share certain Personal Data with us, including but not limited to your first name, last name, telephone number, address, e-mail address (identification data). In relation to certain legal obligations (electronical registration of attendance) you might have to provide us with additional data in order for us to register your attendance (E-ID-data, Limosa number,…).
We only collect Personal Data that is necessary to inform you about our services, to execute agreements with you and to contact you.
The legal grounds for the processing of your Personal Data is the execution of an agreement, a legal obligation and our legitimate interest (Article 2).
The processing of your Personal Data is subject to this privacy statement. In case you have questions or remarks, please contact hello@appmiral.com.
By providing Personal Data you are deemed to have acknowledged the use of your Personal Data in accordance with this privacy statement.
Article 1 – DEFINITIONS“Affiliated Company” means a company which Appmiral is affiliated to, provided that such company meets the conditions for an “affiliated company” as set out in Article 11 of the Belgian Company code.
“Controller” has the meaning as defined in the General Data Protection Regulation 2016/679. Appmiral will be qualified as the Controller which determines the purposes and means of the processing of Personal Data.
“Appmiral” means Appmiral BVBA, a company with registered office situated at 2000 Antwerp, Scheldestraat 11, registered in the Belgian Crossroad Bank for Enterprises with number 0853.673.410.
“Personal Data” has the meaning as defined in the General Data Protection Regulation 2016/679, which is any information relating to an identified or identifiable natural person (also called the “data subject”).“Processor” has the meaning as defined in the General Data Protection Regulation 2016/679, which processes Personal Data on behalf of the Controller.
“Website” means the website appmiral.com
Article 2 – PURPOSES AND LEGAL GROUNDS
Client data
In the framework of our services and commercial activities we collect and process identity and contact data of our clients, their personnel, collaborators, associates and any useful contacts. The purposes of this processing are the execution of the agreements with our clients, customer care, bookkeeping and direct marketing purposes such as the sending of promotional or commercial information. The legal grounds are the execution of an agreement, the fulfilment of legal and regulatory obligations and/or our legitimate interest.
Supplier and subcontractor data
We collect and process identity and contact data of our suppliers and subcontractors, their subcontractors, their personnel, collaborators, associates and any useful contacts. The purposes of this processing are the execution of the agreement(s), supplier/subcontractor care, bookkeeping and direct marketing purposes such as the sending of promotional or commercial information. The legal grounds are the execution of an agreement, the fulfilment of legal and regulatory obligations (such as the mandatory electronical attendance registration) and/or our legitimate interest (for direct marketing).
Personnel data
We process Personal Data of our employees in relation to our personnel and our staffing services and our salary administration services.
Other data
Besides client, supplier/subcontractor and personnel data, we process Personal Data of other people, such as potential new clients/prospects, useful contacts within our sector, networking contacts, etc. These data are collected through our Website or through other channels. The purposes of processing are in the interest of our commercial activity, direct marketing and public relations. The legal ground is our legitimate interest and, in some cases, the execution of an agreement.
More specifically, we can use the Personal Data we collect from you for the following purposes:
- to provide you with information about our services;
- to provide you with our services and to execute agreement(s) with you;
- to inspect and process potential complaints or requests;
- to help us evaluate, correct or improve our Website and all related services of Appmiral;
- for direct marketing purposes;
- for internal reasons, such as corporate administration and archiving purposes.
Article 3 – THE CONFIDENTIALITY OF YOUR PERSONAL DATA
Every time you as a user submit Personal Data, we shall handle this information in accordance with the stipulations of this privacy statement and any legal obligations applicable to the processing of Personal Data, including the General Data Protection Regulation (GDPR) 2016/679.
We shall establish appropriate measures and procedures to secure and protect the Personal Data we collect via the Website or via electronic correspondence.
In this way, we undertake to prevent, as far as possible, illegal processing of Personal Data and unintentional loss or liquidation of your Personal Data. However, despite these precautions, we cannot guarantee that your Personal Data is protected when it gets displayed or reported via unsecured means in another way than via the Website or otherwise communicated.
We optimise the security of your Personal Data by limiting the access to your Personal Data to persons on a “need-to-know” basis (for example: only Appmiral employees or associates who need your Personal Data for the purposes as described in Article 2 will have access to the data).
Article 4 – HOW DO WE COLLECT YOUR PERSONAL DATA AND HOW LONG IS IT KEPT?
Appmiral collects your Personal Data;
- when you submit Personal Data via the Website;
- when you enter into an (employment) agreement with us;
- when you call or mail us or correspond with us via another way than the Website.
We can combine the Personal Data we collect via the Website with information which you provide us in another way or which third parties deliver to us.
Personal Data will be kept and processed by us for the duration that is required in relation to the purposes of the processing depending on whether we have a contractual relationship with you or not.
Client data and supplier or subcontractor data will be removed from our systems after 7 years after the termination of the agreement involved, except for the Personal Data that we have to store for a longer duration based on specific legal obligations or in case of pending litigation(s).
Data collected through the Website or through any other channel (other data) will not be kept longer than 5 years after the last useful contact between us and you.
Personnel Data will be removed after 5 years after the termination of the employment relation.
We avoid the collection of Personal Data that are not relevant for the purposes as set out in Article 2.
Article 5 – TRANSFER OF PERSONAL DATA
We will not transfer your Personal Data to third parties outside the European Economic Area, except to subcontractors or employees who retain the Personal Data on servers in the United States, have undertaken to do so under the Privacy Shield or in accordance with the European Commission’s Standard Contract Terms and thereby provide an adequate level of security for the processing of Personal Data.
Furthermore, we will not transfer your Personal Data to third parties inside the European Economic Area without your permission, except:
- to Affiliated Companies;
- (ii)when these data are necessary to permit employees, agents, subcontractors, suppliers or commercial partners to provide a service or accomplish a task in the name of Appmiral, including but not limited to providing marketing support, accomplish market research or providing user services;
- (iii)if it is required or permitted by the applicable law.
Any transfer of Personal Data to one of the third parties mentioned in the list above, is in accordance with the stipulations of the General Data Protection Regulation (GDPR) 2016/679.
We ensure that measures are taken to make sure that third parties cannot use your Personal Data for other purposes than the purposes mentioned exhaustively in Article 2, and that these third parties have taken the necessary technical and organisational measures to protect these data.
We will have data processing agreements in place with the aforementioned third parties in order to ensure the security of the Personal Data.
We shall take all necessary precautionary measures to assure that our employees and associates who have access to Personal Data will process these Personal Data exclusively in accordance with this privacy statement and the obligations under the applicable privacy regulations.
Article 6 – RIGHTS OF THE DATA SUBJECT
By virtue of both Belgian and European legislation concerning data protection, you have the rights as mentioned below. If you want to exercise these rights, you have to send us a written request and provide a copy of your ID card to hello@appmiral.com.
We will provide you with information within one (1) month of receipt of the request on the action that will be taken. We can extend this one-month period to a maximum of three (3) months, in which case you will be informed about the reasons for such delay within one (1) month of the original request.
The right of access to Personal Data
You have the right to instruct us to provide you with any Personal Data we hold about you, providing the rights of other data subjects are not affected.
The right to rectification of Personal Data
We kindly ask you to help to make sure that the Personal Data in our records are as accurate and up-to-date as possible. If you believe that the Personal Data submitted to us are incorrect or incomplete, please notify us as described above. We will correct or adapt your Personal Data as soon as possible.
The right to erasure of Personal Data
In some circumstances you have the right to the erasure of your Personal Data without undue delay. Those circumstances include:the unnecessity to hold the Personal Data any longer in relation to the purposes for which they were collected or otherwise processed;the withdrawing of the consent to consent-based processing;the processing that is for direct marketing purposes; andin case the Personal Data have been unlawfully processed.However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary:for exercising the right of freedom of expression and information;for compliance with a legal obligation; orfor the establishment, exercise or defence of legal claims.
The right to restrict the processing of Personal DataIn the following circumstances you have the right to restrict the processing of your Personal Data:for contesting the accuracy of the Personal Data;when the process is unlawful but you don’t want the Personal Data to be erased; orwhen you objected to processing, pending the verification of that objection.Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only process it with your explicit consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.
The right to object
You have the right to object to our processing of your Personal Data.
The right to data portability
If you wish to exercise your right to data portability, we will send the Personal Data in a structured, commonly used and machine-readable format to a controller of your choice.
The right to withdraw consent
To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. However, withdrawal will not affect the lawfulness of processing before the withdrawal.
The right to complain to a supervisory authority
You can file a complaint with the Data Protection Authority (“Gegevensbeschermingsautoriteit”) by sending an e-mail to contact@apd-gba.be or by sending a written request to the Data Protection Authority with registered address located at 1000 Brussels, Drukpersstraat 35.
Article 7 – THIRD PARTY LINKS
The Website may contain links to websites of third parties which are not controlled by us. Although we will do our utmost to make sure that the links on the Website lead exclusively to websites which share the safety and confidentiality standards of Appmiral, we are not responsible for the protection and confidentiality of data, among Personal Data which you submit on other websites after you have left the Website.Before submitting Personal Data we recommend that you proceed carefully and consult the privacy statement which applies on the website concerned.
Article 8 – COOKIESAppmiral might use “cookies” whenever you make use of the Website. A “cookie” is information that is sent via the server to your device and that is stored on the hard drive of your device. Cookies can help Appmiral to identify your device whenever you use the Website. That way Appmiral can make the Website more user friendly and offer you a personalized service.You can decide to refuse the use of cookies if your internet browser provides this as an option, but said refusal could impact the use of the Website severely.