LEGAL

IDENTITY

TERMS AND CONDITIONS OF SALE AND USE

BETWEEN THE UNDERSIGNS:

ON THE ONE PART,

SpatioData sprl, having its registered office at Rue du Parc Industriel (allée 1), 2 in 4540 Amay (company number BE0643.815.724)

Hereinafter referred to as “the Provider” or “SpatioData”.

AND ON THE OTHER HAND,

Any individual or legal entity having accepted these General Terms and Conditions of Sale and Use (GTCU).

Hereinafter referred to as “the Customer”,

Individually referred to as “Party” and together referred to as “Parties”,

HE WAS PREVIOUSLY EXPOSED TO THE FOLLOWING:

The Client acknowledges that it has received from the Service Provider all the information necessary to enable it to assess the suitability of the services and/or equipment for its needs and to take all necessary precautions for its use.

THE CLIENT ACKNOWLEDGES HAVING RECEIVED FROM THE SERVICE PROVIDER ALL THE INFORMATION NECESSARY TO ENABLE IT TO ASSESS THE SUITABILITY OF THE SERVICES AND/OR EQUIPMENT FOR ITS NEEDS AND TO TAKE ALL THE NECESSARY PRECAUTIONS FOR ITS USE:

ARTICLE 1. DEFINITIONS

Capitalized terms in the Contract, whether used in the singular or plural, shall have the meanings set out below.

Solutions refers to the services mentioned in the invoice and made available to the Client within the scope of the Application Services that are the object of the contract;

Data means the information, publications and, in a general manner, the data in the Client database, the use of which is the object of the present contract, which may be consulted by Users and the public;

Public Data means the Data that can be consulted by the public;

Private Data means Data that can be consulted only by Users;

Anonymised Copy means a copy of the Private Data whose personal and confidential character has been deleted.

Identifiers means both the User’s own identifier (“login”) and the connection password (“password”), chosen when registering for the service;

Internet refers to the set of interconnected networks, which are located in all regions of the world;

Intranet means the computer network specific to a company or organisation, using TCP/IP protocols and, more generally, Internet technologies and which can be connected to the Internet network;

Software means any software provided by the Service Provider to the Client and in particular the associated Solutions;

Application Service means the service offered in SaaS mode by the Service Provider, enabling the Customer to use the Solutions;

User refers to the person placed under the responsibility of the Customer (employee, representative, etc.) and who has access Identifiers to access the Application Services on behalf of the Customer;

ARTICLE 2. PURPOSE

These Terms and Conditions constitute a legal agreement between the Service Provider and the Client. By accessing or using any of the Application Services, the Customer agrees to comply with these Terms and Conditions.

The purpose of these Terms and Conditions is to define the terms and conditions applicable to the Application Services used by the Customer.

The Service Provider consents to the Customer, who agrees :

– a right of final use of the Solutions ;

– a set of services defined hereafter, in particular data hosting, maintenance of the Application Services, technical support.

ARTICLE 3. CONTRACTUAL DOCUMENTS

These General Terms and Conditions constitute the entirety of the commitments existing between the Parties, hereafter referred to together as the Contract. They replace and cancel any previous oral or written commitment relating to the subject matter of the Contract. These General Terms and Conditions shall prevail over any other conditions for which the Service Provider has not given its consent.

The Contract is formed by the present document;

ARTICLE 4. EFFECT, DURATION AND RENEWALS

The Agreement will take effect from the first use of the Application Service.

Its duration is set at one year from its entry into force.

This Contract will be tacitly renewed under identical conditions, unless the parties agree on a new functional scope for the Application Services in order to cover the Customer’s needs. 

The termination of the Contract by the Customer must be notified to the Service Provider, by registered mail, three months before the end of its term. Failing this, the Service Provider shall be liable to pay the Service Provider compensation equivalent to one third of the annual price of the Application Service. 

The Service Provider may, for its part, terminate it without prior notice for just cause, for example for

– Transmission of Identifiers to a third party 

– Use contrary to morality or public order

– Disclosure of data to third parties

– Exceeding allowed quotas

– Attempted Software Piracy

– • …

ARTICLE 5. DESCRIPTION OF APPLICATION SERVICES

5.1. APPLICATION SOLUTIONS

The Service Provider makes the Solutions available to the Customer on its server via the Internet. Under the conditions of ARTICLE 7 LICENSE, the Service Provider grants the Client the right to use the Solutions developed by the Service Provider on a non-exclusive basis.

The Service Provider provides Data hosting, maintenance and security for the Solutions.

5.2. NETWORK

The network is chosen by the Customer. The Service Provider does not provide any guarantee.

As the Service Provider cannot be held responsible for interruptions to the network line, it draws the Customer’s attention to the importance of the choice of its operator and the operator’s product, and in particular the back-up option it can offer by setting up a parallel line in the event of a network interruption.

The Customer undertakes to choose a product that guarantees a minimum throughput of 5 megabits/s.

5.3. ACCESS TO SOLUTIONS

The Customer will use this access right alone. With the exception of maintenance periods, he will be able to connect at any time, namely :

– 24 hours a day,

– every day except Saturdays and Sundays (Brussels time).

The following access procedure must be strictly respected by the Client.

Access is carried out as follows:

– from the Client’s computers;

– from any nomadic Client computer;

– from mobile terminals (tablet, smartphone);

– by means of the Identifiers chosen by the Users during their registration.

The identification of the Customer when accessing the Application Services is done by means of :

– an Identifier chosen by each User designated by the Customer,

– and a password chosen by each User.

Users will use their Identifiers each time they connect to the Application Services.

The Identifiers are intended to reserve access to the Solutions covered by the Contract to the Customer’s Users, to protect the integrity and availability of the Solutions, as well as the integrity, availability and confidentiality of the Customer’s Personal Data as transmitted by the Users.

Identifiers are personal and confidential. They may only be changed at the request of a User or on the Service Provider’s initiative, provided that the Client is informed in advance. The Client undertakes to make every effort to keep his Identifiers secret and not to disclose them in any form whatsoever.

The Customer is entirely responsible for the choice and use of the Identifiers and is responsible for the custody of the access codes that are given to him. It shall ensure that no other person not authorised by the Service Provider has access to the Application Services and Solutions. In general, the Customer is responsible for the security of individual workstations accessing the Solutions. In the event that the Customer becomes aware that another person is accessing the Solutions, the Customer must inform the Service Provider without delay.

In the event of loss or theft of one of the Identifiers, the Customer will use the procedure set up by the Service Provider to recover the Identifiers of its Users (send an e-mail to info@spatiodata.com).

The transmission of Identifiers to a third party not authorised by the Service Provider is an offence and is liable to prosecution.

ARTICLE 6. QUALITY OF APPLICATIONS

The Customer is warned of the technical hazards inherent in the Internet, and of the interruptions in access that may result. Consequently, the Service Provider shall not be held liable for any unavailability or slowdown of the Application Services. The Service Provider is not able to guarantee the continuity of the Application Services, executed remotely via the Internet, which the Client acknowledges.

In addition, it is the Client’s responsibility to respect the volume thresholds and to notify the Service Provider in the event of an increase in its requirements in terms of processing capacity.

In the event of non-compliance by the Client with the terms and conditions of use, the Service Provider reserves the right to limit or suspend the Client’s access to the Application Services.

The Service Provider undertakes to implement effective controls to provide reasonable assurance that the Client can access and use the applications concerned during business hours (Brussels time).

The Application Services may occasionally be suspended due to maintenance interventions necessary for the proper functioning of the servers and/or the Service Provider’s platform. In the event of an interruption of the Application Services for maintenance, the Service Provider undertakes to inform the client of the interruption as best it can so that the client can make arrangements sufficiently in advance to avoid any disruption to its business.

ARTICLE 7. LICENCE

The Service Provider grants the Customer a personal, non-exclusive, non-transferable and non-assignable right to use the Solutions, for the entire duration of the Agreement and for the entire world.

The Customer may only use the Application Services and the Solutions in accordance with its needs and their documentation. In particular, the license relating to the Solutions is only granted for the sole and exclusive purpose of allowing the Customer to use the Services, to the exclusion of any other purpose.

The right of use is understood to mean the right to represent and implement the Application Services in accordance with their purpose, in SaaS mode via a connection to an electronic communications network. The Customer may not under any circumstances make the Solutions available to a third party, and is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.

ARTICLE 8. MAINTENANCE

The Service Provider takes charge of the corrective and evolutionary maintenance of the Solutions.

A free email support service to handle anomalies is available from Monday to Friday inclusive, from 9am to 5pm. The Service Provider diagnoses the anomaly and then corrects it within a maximum period of fifteen (15) working days.

The Customer benefits from updates and functional developments of the Application Services. The nature of the updates and developments, as well as their dates, are determined by the Service Provider and are not subject to the Customer’s authorisation or notification.

If a corrective or evolutionary change requires the interruption of the service, the Service Provider will inform the Customer three (3) days in advance.

ARTICLE 9. TECHNICAL ASSISTANCE

The technical support service applies to all Solutions provided by the Service Provider and consists of assisting Users by email or remote maintenance.

The technical support service can be contacted by email at info@spatiodata.com from Monday to Friday inclusive, from 9am to 5pm. A response will be provided by the Provider within three (3) working days.

ARTICLE 10. DATA PROCESSING

10.1

The purpose of the provisions of these general conditions is to define the conditions under which the service provider undertakes to carry out on behalf of the data controller the personal data processing operations defined below. 

Within the framework of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 referred to in the prerequisites to this contract.

10.2

The Provider is authorised to process on behalf of the data controller the personal data necessary to provide the following services : 

*hosting of data in Data Centers exclusively managed by the Provider, or solutions hosted by a third party, for example without limitation: Microsoft, Google, Apple, Amazon, OVH…

*Backup of data in third party data centers.

*support for data in local environments.

For the performance of the services covered by this contract, the data controller may provide additional information.

The service provider shall not be entrusted with any mission other than that of conserving and safeguarding the data.

10.3

The present provisions shall come into force as of the day of signature of the contract and shall terminate following the renunciation under the conditions set out in the contract.

10.4

The service provider undertakes to process the data solely for the purposes that are the subject of the contract, namely exclusively their conservation and backup.

He undertakes to process the data in accordance with the documented instructions of the data controller.

If the service provider considers that an instruction constitutes a breach of the European Data Protection Regulation or any other provision of Union law or of the law of the Member States relating to data protection, it shall immediately inform the controller.

Furthermore, if the provider is obliged to transfer data to a third country or to an international organisation under Union law or the law of the Member State to which it is subject, it must inform the controller of this legal obligation prior to the processing, unless the law concerned prohibits such information on important public interest grounds.

10.5

The Provider undertakes to guarantee the confidentiality of the personal data processed within the framework of this Contract.

It also undertakes to ensure that service providers or members of its staff who will be involved in the conservation and backup of personal data in the context of the execution of this contract :

* do not have the right to process the data themselves,

* are contractually committed to confidentiality or are subject to an appropriate legal obligation of confidentiality,

* receive the necessary training on the protection of personal data and on the importance of compliance with privacy legislation.

Confidentiality commitments entered into under this contract will remain in force for the duration of the contract.

Finally, the service provider undertakes to take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default.

10.6

The Provider shall not designate another (sub)provider (hereinafter referred to as the “Further Provider”) for the processing of personal data that come to its knowledge in execution of this contract, unless the express written consent of the controller is obtained. If the controller consents thereto, the Provider shall ensure that the same data protection obligations as those imposed on the Provider by the controller are imposed on the Further Provider by written agreement, including the obligation to provide adequate guarantees as to the implementation of adequate technical and organisational security measures to ensure that the processing complies with the provisions of the European Data Protection Regulation. 

If the sub-provider fails to comply with its data protection obligations, the original provider remains fully liable to the controller of the execution of the other provider’s obligations.

10.7

It is the responsibility of the data controller to provide information to data subjects at the time of data collection.

As far as possible, the service provider must assist the data controller in fulfilling its obligation to respond to requests from data subjects to exercise their rights: right of access, rectification, erasure and objection, right to limit processing, right to data portability, right not to be subject to an automated individual decision, including profiling.

Where data subjects send requests to exercise their rights to the service provider, the latter must send them immediately upon receipt by e-mail to the contact person indicated by the controller.

10.8

The service provider shall notify the data controller of any violation of personal data within a maximum of twenty-four hours after becoming aware of it, and by e-mail.

This notification shall be accompanied by any relevant documentation to enable the controller, if necessary, to notify the breach to the competent supervisory authority.

The controller shall then be responsible for notifying the personal data breaches found to the supervisory authority and for communicating them to the data subject as soon as possible, unless the breach in question is unlikely to present a risk to the rights and freedoms of the data subject.

The notification to the supervisory authority and the communication to the data subject shall include all the information required by the European Data Protection Regulation.

10.9

The Provider undertakes to take appropriate technical and organisational security measures having regard to the risks inherent in the processing and the nature of the personal data.

In particular, it shall take measures to ensure that :

* prevent unauthorized persons from accessing computer systems that process personal data in such a way that they cannot consult, reproduce, modify, delete or disseminate them,

* ensure that authorised users of data processing systems can only access personal data covered by their access rights,

* prevent personal data from being read, copied or deleted during their transfer and during transport of the storage media,

* to guarantee the confidentiality, integrity, and availability of processing services,

* to restore the availability of and access to personal data within appropriate time limits in the event of a physical or technical incident,

* regularly evaluate the effectiveness of the technical and organisational measures to ensure the security of the treatment.

10.10

At the end of this contract, the service provider undertakes, at the choice of the data controller : 

* to destroy all personal data or

* to return all personal data to the controller or

* to return personal data to the service provider designated by the controller.

The data controller must inform the service provider of its choice within fifteen days of the end of this contract, failing which all personal data will be destroyed without recourse to the former at the expense of the latter.

The return will be accompanied by the destruction of all existing copies in the information systems of the service provider, who will justify the destruction in writing.

If no request is made by the client, the data will be kept by the Provider.

10.11

The Provider will communicate to the data controller the name and contact details of its data protection officer, if it has appointed one, in accordance with Article 37 of the European Data Protection Regulation. 

The data protection officer of the data controller can be contacted at dpo-sd@spatiodata.com .

10.12

The data controller undertakes :

* to provide the service provider with the information referred to in Chapter II of this contract* .

* to document in writing any instructions concerning the processing of data by the provider

* to ensure, prior to and throughout the duration of the processing operation, that he and the service provider comply with the obligations laid down by the European Data Protection Regulation,

* supervise the treatment.

10.13

The service provider shall only be liable for damage caused by the processing entrusted to him if he has not complied with the obligations laid down in the European data protection regulation specifically incumbent on service providers or if he has acted outside or contrary to the lawful instructions of the controller.

He will be exempted from any liability if he proves that he is not at all responsible for the event that caused the damage.

Article 10.14

Neither party shall be liable to the other for any delay or failure to perform its contractual obligations due to one or more reasons beyond its reasonable control, including, but not limited to, natural disasters, government decisions, war, fire, flood, explosion and civil disturbances.

Provided that the party incurring the delay promptly notifies the other party in writing of the reason for the delay and the likely duration of the delay, performance of the obligations of the party incurring the delay shall be suspended to the extent that the obligations are affected by the delay, for the period during which the reason for the delay persists.

ARTICLE 11. FINANCIAL CONDITIONS

11.1. FEES AND TERMS OF PAYMENT

The financial terms are set out on the Service Provider’s invoices.

11.2. NON-PAYMENT

Unless otherwise agreed in writing, the parties have agreed on the following payment procedure:

(a) Invoices of the Service Provider shall be payable in cash, net and without discount.

b) Any complaint concerning the amount invoiced must be sent to the Service Provider by registered letter within 8 days of receipt of the invoice, which is deemed to be the day after the invoice date.

c) Any delay or failure to pay within the agreed time limits shall automatically and without prior notice of default incur interest on arrears to the benefit of the Service Provider of 15% per month commenced.

d) In addition, in the event of a persistent delay of more than 30 days, the client shall owe the Service Provider, again by operation of law and without prior notice of default, a fixed and irreducible indemnity of 20%, with a minimum of EUR 125, without prejudice to the possible application of Article 1244 of the Belgian Civil Code. A similar compensation may be claimed by the client if the Service Provider fails to comply with its commitments.

e) Without prejudice to any damages and interest, the Client’s failure to pay an invoice on its due date automatically entails :

– additional bank and management fees (collection follow-up, mail and telephone charges for reminders, representation of direct debit rejections);

– the immediate suspension of the Services;

– the automatic termination of the Agreement within thirty (30) days after the Service Provider has sent a formal notice by registered letter with acknowledgement of receipt that has remained unsuccessful.

ARTICLE 12. PROPERTY

The Service Provider is and remains the owner of the property rights relating to any element of the Application Services and Solutions made available to the Customer, as well as, more generally, to the computer infrastructure (software and hardware) implemented or developed within the framework of the Contract.

The Contract does not grant the Customer any property rights over the Solutions. The temporary availability of the Solutions under the conditions provided for in the Contract may not be analysed as the transfer of any intellectual property right to the Customer, within the meaning of the Belgian Intellectual Property Code.

The Customer shall refrain from reproducing any element of the Software, or any documentation concerning it, by any means whatsoever, in any form whatsoever and on any medium whatsoever.

The Customer may not transfer all or part of the rights and obligations resulting from the Contract, whether in the context of a temporary assignment, a sub-licence or any other contract providing for the transfer of the said rights and obligations.

In cases where the Agreement provides that the equipment shall be the property of the Customer, Spatiodata shall remain the owner of the equipment until full payment of the price in principal, accessories, interest and costs. However, at the time of delivery, if any, the risk shall pass to the customer at the time of delivery of the equipment or at the time when delivery should have taken place if delivery cannot be made for a reason beyond the control of Spatiodata. 

In the event of non-payment, bankruptcy, application for payment terms, sale or liquidation of the customer or seizure of one or more of the customer’s assets, Spatiodata shall have an irrevocable right to take back or have taken back the goods, which are still its property, from the place where they are located. The same applies in case of provision of equipment. 

ARTICLE 13. LIABILITY – FORCE MAJEURE

Each Party shall be liable for the consequences resulting from its faults, errors or omissions, as well as from the faults, errors or omissions of its subcontractors, if any, and causing direct damage to the other Party.

Subject to technical constraints, the Service Provider undertakes to implement all the means at its disposal to ensure the Client’s access to the subscribed Application Service(s). However, the Service Provider makes no warranty, express or implied, as to the error-free or uninterrupted operation of the service or as to the ability of the service to meet the Customer’s expectations or needs.

In addition, and in the event of a proven fault on the part of the Customer, the Service Provider shall only be liable to compensate the Customer for the financial consequences of direct and foreseeable damage resulting from the performance of the Services. Consequently, the Service Provider shall not be liable under any circumstances for any indirect or unforeseeable loss or damage by the Customer or third parties, including but not limited to any lost profits, loss, inaccuracy or corruption of files or Data, commercial prejudice, loss of turnover or profit, loss of customers, loss of opportunity, cost of obtaining a substitute product, service or technology, in relation to or arising from the non-performance or faulty performance of the Services.

In all cases, the amount of the Service Provider’s liability is strictly limited to the reimbursement of the amount of the sums actually paid by the Client during the twelve months preceding the date of occurrence of the event giving rise to liability.

Furthermore, the Service Provider shall not be held liable for the accidental destruction of Data by the Client or by a third party having accessed the Application Services using the Client’s Identifiers.

The Service Provider may not be held liable for any damage in the event of an interruption or reduction in service by the telecommunications operator, the electricity supplier, in the event of force majeure or any other event attributable to the Customer or a third party. The Service Provider shall in no way be held liable for the consequences of the loss or theft of data resulting from illicit intrusion into its systems by hackers. 

ARTICLE 14. TERMINATION

In the event of failure by one of the Parties to comply with its contractual obligations, the Contract may be terminated automatically by the other Party thirty (30) days after a letter of formal notice sent by registered mail with acknowledgement of receipt has remained without effect. The formal notice shall indicate the defect(s) observed.

In the event of termination, the Customer shall cease to use all access codes to the Solutions and Application Services.

ARTICLE 15. REVERSIBILITY

In the event of termination of the contractual relationship, whatever the cause, the Service Provider undertakes to return, in return for payment of the fixed price of five hundred euros, at the Service Provider’s first request made by registered letter with acknowledgement of receipt and within fifteen (15) days of the date of receipt of this request, all of the Data belonging to it in a standard format that can be read without difficulty.

The Client shall actively collaborate with the Service Provider in order to facilitate the recovery of the Data.

The Service Provider will ensure that the Customer can continue to use the Data, without interruption, directly or with the assistance of another service provider.

During the reversibility phase, the Service Provider’s levels of commitment will be reviewed.

ARTICLE 16. COMMUNICATION AND ADVERTISING

The Client authorises the Service Provider to cite the project and its main features in all communication and advertising documents (brochure, fact sheet, website, CD-ROM and any other communication medium). In this respect, the Service Provider shall be authorised to quote the brand name and to refer to the Client’s identification elements.

ARTICLE 17. CHANGES TO THE GENERAL TERMS AND CONDITIONS

The Service Provider undertakes to inform the Client of any changes to the General Terms and Conditions that have an impact on the Client at least one month before they come into force. 

Any Client who objects to the proposed changes has the right to terminate the Agreement without charge no later than the last day of the month following the entry into force of the new General Terms and Conditions.

ARTICLE 18. ASSIGNMENT AND SUBCONTRACTING

The parties may not assign the Agreement without the prior written consent of the other party. 

However, if it deems it appropriate, the Service Provider may subcontract all or part of the services to be provided under the offer or the agreement to third parties chosen by the Service Provider. 

ARTICLE 19. DELAYS

The delivery time of the material or the execution of the services mentioned in the contract will be taken into consideration and respected as much as possible by Spatiodata. The deadlines are given as an indication. No indemnity will be due to the customer due to a delay in the delivery of the equipment or in the execution of the services, whatever the origin of the delay.

ARTICLE 20. NON-SOLICITATION OF PERSONNEL

The Customer shall not, without prior written consent of Spatiodata, directly or indirectly offer to hire or employ any employee, collaborator or consultant of Spatiodata, under any status whatsoever, any employee, collaborator or consultant of Spatiodata. 

This prohibition is valid from the moment the offer is submitted or the agreement is signed, during the duration of the agreement, and for a period of 12 months from the day the contract ends or is terminated for any reason whatsoever. 

In case the client does not respect this commitment, it shall compensate Spatiodata by paying a lump sum equal to twelve months of gross remuneration of the lecherous worker as a lump sum compensation. The calculation of the indemnity will be made by reference to the last salary paid by Spatiodata to the worker before the termination of the contract. In case of poaching of a consultant or any other collaborator, the lump sum indemnity will be equal to twelve months of services invoiced on the basis of the hourly or daily rate of the consultant or collaborator employed full time. 

ARTICLE 21. MISCELLANEOUS

The nullity, lapse, lack of binding force or unenforceability of any of the provisions of the Contract shall not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions, which shall retain all their effects. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).

In the event of a dispute, only the computer registers containing the trace of exchanges between the Parties, held by the Service Provider and kept in conditions that guarantee their integrity, shall be deemed authentic between the Parties. This implies that the Client acknowledges that the encoding of its requests and the records of the Service Provider’s computer system and ordering system constitute formal proof of the Client’s requests, such as, in particular, requests for subscription and/or activation to an Application Service, modification of the type of service subscribed to by the Client, ordering of programs, etc.

The Contract is subject to Belgian law, to the exclusion of any other legislation.

For the execution of the present contract and its consequences, the Parties respectively elect domicile at their registered offices indicated on the invoice header. Any change in the registered office or address of one of the Parties shall only be enforceable against the other Party eight (8) calendar days after it has been duly notified.

With a view to jointly finding a solution to any dispute that may arise in the performance of the Contract, the Parties agree to meet within thirty (30) days from receipt of a registered letter with acknowledgement of receipt notified by one of the two Parties.

If at the end of a further fifteen (15) day period, the Parties are unable to agree on a compromise or solution, the dispute shall then be submitted to the competent courts of the Service Provider’s registered office.

ARTICLE 22 SPECIAL CONDITIONS FOR THE COMPUTER CONSULTANCY SERVICE

SpatioData will implement reasonable means to provide the Customer with advice on computer matters with professionalism and diligence. Unless otherwise stipulated, SpatioData’s obligations are obligations of means.

The Customer will provide SpatioData with all information necessary for the proper execution of the contract.

The delivery time of the service is estimated. Any delay in the execution by the Customer of the tasks incumbent on him will result in an extension of deadlines. Exceeding the deadlines by SpatioData can not give rise to damages or termination of the contract.

The services and deliverables will be deemed to be in conformity and accepted as soon as they are delivered to the Customer, unless the Customer objects immediately and informs SpatioData without delay in writing of its reasons for rejection by reference to the agreed specifications. SpatioData will correct the deliverables not conforming to the agreed specifications within a reasonable period of time, free of charge.

SpatioData owns the broadest intellectual property rights on its creations, tools, computer programs, methodologies, etc., which are used within the framework of the service. The Customer acknowledges the proprietary nature of these elements, whether covered by intellectual property rights or not, and agrees not to copy them, communicate them to third parties and make any use not authorized by SpatioData.

To the extent that the results of the service have been created specifically by SpatioData for the Customer, the Customer will have the perpetual, non-exclusive and worldwide right to use, reproduce, modify and communicate these results in the course of its usual activities. SpatioData may terminate this right, upon written notice, if the Customer is in default of payment for the service concerned.

If the service includes the supply by SpatioData of generic and / or pre-existing elements covered by the intellectual property rights of SpatioData, the Customer will enjoy a non-exclusive right to use these elements in the course of its usual activities, excluding the right to market or modify these elements.

Unless specific conditions have been agreed between the parties, SpatioData is completely free to determine its working hours. SpatioData itself determines the circumstances and conditions under which it provides the services, which includes, among others, the working hours, the way in which the tasks are performed and the means at its disposal. The contract can in no way be interpreted as authorizing the Customer to exercise authority over the consultants, for example concerning the evaluation of their performance in the framework of the employment relationship with SpatioData, promotions, disciplinary sanctions, salary increases and/or the termination of their employment relationship.

To avoid any misunderstanding, it is expressly stated that the exercise of authority as an employer will not be considered as an exercise of authority:

– Instructions in relation to legal obligations concerning welfare at work;

– Instructions given by the Client, in particular with regard to the services to be provided in execution of the Contract:

o Working hours and periods;

o Compliance with the contractual specifications, in particular instructions relating to the scope, priority, priority and time limits of the services to be provided under the Contract;

o The respect of the contractual specifications, in particular instructions relating to the scope, priority, time limits and time limits of the services to be provided under the Contract. Quality, service levels and the methodology used for the delivery of services with a view to their integration optimal in the Customer’s environment;

o Other instructions that are explicitly described in the SpatioData mission description.

ARTICLE 23. SPECIAL CONDITIONS FOR THE HOSTING SERVICE

SpatioData will use reasonable means to provide the Customer with the hosting with professionalism and diligence. Unless otherwise stipulated, SpatioData’s obligations are obligations of means.

In the event that the hosting ends for any reason, SpatioData will make every effort to facilitate the transition of systems, data and services to the Customer or to another provider selected by the Customer, in order to avoid as much as possible interruptions or degradation of services. In order to do so :

– The parties will draw up a purchase order together, as soon as the end of the contract is announced, establishing a transition plan aimed at identifying and planning the tasks to be carried out by the parties and the third parties concerned with a view to the transition ;

– In no case SpatioData will make available to third parties the servers on which it hosts the customer’s services;

– SpatioData will provide reasonable support services at the request of the Customer, such as training, knowledge transfer sessions, data migrations, etc. ;

SpatioData may invoice its intervention within the framework of the exit assistance services on the basis of the current rates agreed between the parties.

This version was published the 26th of January 2020.

PRIVACY

Introduction

Privacy issues matter to Spatiodata. For this reason, we inform you about how we collect, disclose and use information. This text describes our policy in this matter.

Personal Data

The General Data Protection Regulations (GDPR) define personal data as data that allow an individual to be identified, for example, name, address, e-mail, telephone number or any other identifying element such as an IP address.

Scope of application

This document describes how we handle personal data collected through all our acquisition channels when we are responsible for processing such data.

The submission of your data via this site implies that you have understood and agreed to its use by us.

The data we collect

We collect data from multiple channels.

What you tell us

This is information that is sent to us directly by the person concerned via the filling out of online forms, sending a CV, making an appointment, registering for an event, etc…

The main information is as follows:

first name and surname

mail address

contact number

company/organization on whose behalf the application is made

As well as all the additional information we need to carry out our mission.

Information in the public domain

These data are those that we can consult on public sources such as social networks, websites, etc… We can correlate this information with that which you transmit to us.

Information collected through cookies

This information concerns your Internet habits. This includes cookies related to search engines. The information we collect in this way remains anonymous.

Legal basis for the processing of personal data

Consent of the person concerned

By submitting a form or by contacting Spatiodata by any other means, the person knows and accepts that Spatiodata will treat these data in accordance with our privacy policy.

Execution or preparation of a contract

We may process your personal data without your express consent where such processing is necessary for the performance of a contract to which you are a party or for its preparation (e.g. to provide you with an offer).

Legitimate interest

In its preamble Nr 47, the GDPR stipulates that direct marketing operations (prospecting) constitute a legitimate interest. This legal basis is the second basis for which we do not ask for your explicit consent. We distinguish three categories of activities based on the legal basis of the legitimate interest.

Contacting data subjects who have submitted an online form

We believe that it is in our legitimate interest to contact those who have submitted their data through an online form. We will therefore contact them to follow up on their request. We will not send commercial mailings to people who have not explicitly requested them.

Informing customers about market developments

A customer may receive electronic newsletters without giving explicit consent. These newsletters contain information that we consider to be useful to the customer, for example :

– technical information related to security

– invitations to events & workshops

– information on the new functionalities of Spatiodata solutions

– summary of the latest articles published on our site

Anyone can unsubscribe at any time through a link contained in the electronic newsletters.

Contact potentially interesting prospects

Our team contacts companies likely to start a collaboration with Spatiodata. In order to find the contact details of these companies, information in the public domain is used. If personal information is exposed in the public domain, Spatiodata can exploit them in the framework of their legitimate interest. However, these data are not used without explicit consent for mailings.

Any person concerned has the right to know what personal data we hold about him/her, as well as to have them corrected, completed, or deleted from our files.

For which purposes do we use your personal data?

We use your personal data for various purposes:

Direct marketing

We will only do so with your express consent or if you have a contract with us and the information sent is related to your contract.

Communicating with you

We use the data to get in touch with you when this is relevant to the performance of our tasks.

Legal obligations

We may retain personal data to meet certain legal obligations.

Recruitment

If you apply for a job at Spatiodata, we will use your personal data for the recruitment procedure.

Improvement of our website

We constantly use and analyze data from visitors to our website to improve the experience of our users.

When do we share your information?

We do not sell your data to third parties unless explicitly agreed at the time of collection. We may, however, use subcontractors who will process your data on our behalf. These processors will have no right to use or disclose your data. We require these processors to adequately protect the confidentiality and security of the personal data they process on our behalf. In other words, we enter into subcontracting agreements with all subcontractors who work with us. All subcontractors must comply with the DPMR.

We may also be required to disclose your personal data in the context of a legal obligation or legal action (for example by order of the public authorities).

How long do we keep your data?

After you have provided us with your personal data, they will be processed in Spatiodata’s files and kept for as long as necessary.

If you are a customer of Spatiodata, we will keep your information for the duration of the contract. At the end of the contract, we will keep your information in our files for the period provided by law. You can ask us to delete your data earlier. In this case, we will delete all the data we have at our disposal except for the data we are legally obliged to keep.

If you are not a customer of Spatiodata, we will delete your data after 5 years if we no longer observe any interaction with Spatiodata.

If you are a candidate for a job, your CV and personal data will be kept in our system for 5 years starting from the year following the year of your application. You can ask us to delete your data earlier.

How to access your personal data

To access your data, just send an e-mail to Spatiodata’s Data Protection Officer via dpo-sd[at]spatiodata.com.

Your rights

Consultation, correction or deletion of data

Your rights are defined by the RGPD. In particular, you can ask Spatiodata which personal data we hold about you, as well as to have them rectified, completed or deleted from our files.

To do so, you will have to provide us with a proof of identity (e.g. a copy of your passport or identity card).

Spatiodata will use all reasonable means to access your request.

Use of the data for direct marketing purposes

You can ask us at any time not to process your personal data for direct marketing purposes.

As far as cookies are concerned, you are free to refuse their use. In this respect, you can consult our cookie policy.

Finally, you are free to choose whether or not to subscribe to our electronic newsletters. You can unsubscribe at any time.

Cookies & similar technologies

The Spatiodata website uses cookies for several reasons:

to offer the best experience for the use of the site (language, preferences, etc…) ;

analysis of the visitors’ behaviour in order to improve the site performance;

use of targeted advertising;

Our cookie policy will provide you with more detailed information on this point.

Security

We treat your data with special care with regard to security. However, due to the non-secure nature of the Internet, Spatiodata cannot be held responsible for the security of the transmission of your personal data over the Internet.

Changes to our privacy policy

This policy is subject to change. The date of its last revision appears on this page. Please review this Privacy Policy whenever you are preparing to submit personal data. This version was published the 26th of January 2020.

LEGAL DISCLAIMER

The website www.spatiodata.com is the website of the company SpatioData SPRL whose head office is located, Rue du Parc Industriel (allée 1), 2 in 4540 Amay, Belgium and ( info [at] spatiodata.com).

CONDITIONS OF USE OF THE SITE

The content of this website www.spatiodata.com is intended solely to provide general information. It does not constitute professional advice (legal or otherwise) and should not be used as such. We cannot be held responsible for actions based on documents or information available from this site.

The content of www.spatiodata.com is protected by copyright. Any reproduction of this site, in whole or in part, in any form whatsoever, is prohibited, unless the information reproduced is intended solely for strictly personal use or for the benefit of a third party if all the following conditions are met :
the reproduction must mention this site as its source and provide the complete address of the site and copyright information ;
the reproduction must indicate that it is protected by copyright restrictions which must be respected by the third party;
reproduction, in part or in full, may not be inserted in another text or publication, in any form whatsoever, without prior authorisation ;
reproduction, in part or in whole, may never be distributed for commercial purposes without prior authorisation. No part of this website may be reproduced, transmitted or recorded on another website or in any other form of electronic system without prior authorisation, with the exception of indexing and updating of search engines or similar services to direct the use of the website.
SpatioData can not be held responsible for any virus transmission through our website www.spatiodata.com.

The use and/or consultation of our site, the content, the conditions and all related information are exclusively governed by Belgian law and only the courts of the company’s registered office are competent to take cognizance of any dispute. This version was published the 26th of January 2020.

Cookies Statement

This Cookie Policy applies to the website www.spatiodata.com

The present Cookie Policy explains which cookies are used on this website. When you agree to the use of cookies by Spatioda as described in this Cookie Policy, cookies will be installed on your computer or mobile device. When you disagree to the use of cookies, no cookies for which consent is required by law will be installed.

If you do not agree to this Cookie Policy, please exit this website immediately.

Spatiodata uses cookies in the context of its privacy protection and personal data processing policy. Please consult the Privacy Notice for more information about this policy and an overview of your rights in this regard.

You will find a description of the conditions for your use of the Website in the Terms of Use.

What are cookies?

Cookies are tiny data files that a website server permanently or temporarily stores on your computer or mobile device through your browser. Cookies contain a unique code that allows us to recognize your browser during your visit (a so-called “session” cookie) or when you visit or use the website at a later time (a so-called “permanent” cookie).

Cookies allow us to simplify, complete and personalize the use of the website. Spatiodata may also use comparable tags and trackers that use storage capacity of your device in a different way. These are also referred to as “cookies” in this Cookie Policy.

Use of cookies

Spatiodata’s website uses different types of cookies:

Necessary cookies

These cookies are necessary in order to enable you to move around the website and use its features. They allow you, for instance, to navigate between different sections of the website or to complete forms. When you want to use your user name to log in to the customer portal, cookies are also necessary for secure validation of your identity before you are granted access to your personal data. Without these cookies, the website’s main functionalities will not work properly.

Functional cookies

Functional cookies facilitate and enhance navigation on the website and enable us to provide a more personalized user experience. They include cookies that save your language preferences, as well as cookies that remember if you have already downloaded certain documents, so you do not receive the same document every time.

Performance & statistical cookies

These cookies are used to optimize the website’s performance and quality by collecting information about its use. The types of information collected are error pages and load times, but also statistical information that helps us understand which content is most appreciated by our visitors and why.

Analytical and research cookies

These cookies are used to understand, improve, and research products and services, including when you access the website and related websites and apps from a computer or device. For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We may use these technologies and the information we receive to improve and understand how you use websites, apps, products, services and ads.
Advertising cookies

During your use of the website, cookies may be installed on your device by third parties, such as affiliates or advertising companies that Spatiodata cooperates with, or for gathering information about other website visits.

The advertising related cookies will be used to show relevant and personalized advertisements, to limit the number of times that advertisements are shown or to measure the effectiveness of an advertising campaign.

Managing cookies

Your consent to the use of necessary cookies is not required. Spatiodata does request your consent for the storage and use of other cookies.

You can use your browser settings to refuse the installation of such cookies. You can also delete previously installed cookies from your device at any time. However, be aware that deleting all cookies, including the necessary ones, will limit the functionality of the website. You can find more information about how to delete or refuse cookies on www.allaboutcookies.org.

Changes to our Cookie Policy

Spatiodata reserves the right to amend the present Cookie Policy at any time. When the Cookie Policy has been amended, you will be notified thereof and requested to renew your consent to the use of cookies, or disagree to the use of cookies.

This Cookie Policy was last modified and revised on [January 26th 2020].