Welcome to the websites provided by TIE Kinetix N.V.: TIEKinetix.com, the TIE Kinetix FLOW Platform, the TIE Kinetix investor center, innovation.TIEKinetix.com and other TIE Kinetix websites as the case may be (“Website” or “Websites”). Access to and use of these Websites is governed by the following terms and conditions. TIE Kinetix requests you to read these terms and conditions, prior to browsing and/or using these Websites. By browsing and/or using this site the user acknowledges that he/she has read and understood the terms and conditions, and the user accepts that the use of the Website will be bound by the terms thereof. Hereafter where TIE Kinetix is mentioned this means TIE Kinetix N.V. as well as its subsidiaries and affiliates.
1. Privacy Statement
1.1 We trust this TIE Kinetix Privacy Statement will be satisfactory to address questions of TIE Kinetix’ customers and other business relations, related to the new privacy regulations. Every company and organization that processes or stores personal related information has to comply with the General Data Protection Regulations / Algemene Verordening Gegevensbescherming (GDPR/AVG) beginning May 25, 2018.
1.2 Subject to the contract TIE Kinetix NV or an affiliate (hereinafter TIE Kinetix) has concluded with your company or organization for the delivery of EDI or SaaS Services or any other services, it is determined that TIE Kinetix receives, stores, processes and/or transmits certain data on a regular basis for your company / organization, or for the partners, customers or suppliers of your company / organization.
1.3 Although it is not the case that the data at all times will include personal related data, in some cases such personal data can be included. For example, the name of the company / organization contact on an invoice- or purchase- document processed via the TIE Kinetix EDI or SaaS services or e-mail or IP addresses, etc. Consequently, TIE Kinetix is considered a processor of personal data as defined in the new privacy regulations and (in most cases) your company / organization as the responsible party. In case your company /organization processes personal data for third parties, your company / organization will be considered as a processor and TIE Kinetix as a sub-processor.
1.4 Subject to the GDPR/AVG, TIE Kinetix guarantees in both situations it will continue to take all commercially reasonable efforts to comply with all privacy regulations based on the GDPR / AVG, from May 25, 2018. Compliance with the GDPR / AVG regulations by TIE Kinetix includes, amongst other obligations to:
a) store and process the personal data solely for the execution of the contractual obligations related to your company / organization or the partners, customers or suppliers of your company / organization. Personal data will never be provided or given access to any third party without the prior approval of your company / organization. Notwithstanding TIE Kinetix’ responsibilities, TIE Kinetix may, however, involve sub-processors for the execution of such contracts and provide the data to such sub-contractor (sub-processor). TIE Kinetix has agreed with such sub-processor to comply with the GDPR / AVG regulations.
On legally authorized requests of public authorities or a competent court, TIE Kinetix may provide or give access to the data that was received by TIE Kinetix;
b) maintain a security program that enables technical, administrative, organizational, and physical safeguards in order to prevent the personal data from any unauthorized access, copying, publication, modification, etc.;
c) have a process in place to identify information security incidents and have a security incident response plan. TIE Kinetix will have a clear procedure to inform your company / organization of any data breach (incidents that violate the availability, integrity, and confidentiality of personal data)and to notify your company of a data breach without undue delay;
d) restore personal data in a timely manner, in the event of an incident affecting these data;
e) co-operate with resolving gaps (if any) in the security program that pose a significant risk to the security of personal data, or that violates any of the rules of the GDPR / AVG.
f) remove or improve outdated, deprecated, and unsupported technologies involved in processing personal data or to replace these with current state of the art technologies;
g) prevent storage or processing of the data outside the European Union and – in case storage or processing is considered in the USA, - that TIE Kinetix (or its subcontractor) will comply with the EU-US Privacy Shield principles and/or a data processing agreement will be in place;
h) co-operate at all times to delete and/or to correct the data or to provide an overview of the stored data on specific request of the individual, to be communicated via your company / organization;
i) delete all personal data in case storage or processing is no longer necessary, for example, in case the contract with your company / organization was terminated and provided there is no statutory, fiscal or operational obligation to archive such data.
1.5 In case your company / organization is subject to the GDPR / AVG considered as the responsible party, your company / organization – amongst other obligations – will be responsible to obtain permission of the individual to store and process his or her personal data.
1.6 This Privacy Statement is subject to and forms an addition to the current contract(s), TIE Kinetix has concluded with your company / organization. Subject to this letter, there will be no change in any condition of the current contract(s) with your company /organization, or any change in pricing or tariffs or change in responsibility, indemnification or liability.
2. Copyrights and other rights of intellectual property
2.1 Copyright notice: All copyrights and other rights of intellectual property on the content of the Website, including text, layout, design, images, logos, sounds, video’s or any other features belong to TIE Kinetix or to its partners.
2.2 It is allowed to browse the Website and reproducing fragments of it by printing, copying to your computer, as well as making it available to third parties, but only if it concerns noncommercial, informative and personal matters and under the condition that the above copyright notice is included in all reproductions.
2.3 No reproduction or fragment of the Website may be sold or spread for commercial purposes or be altered or be copied into any other publication or website, either as a print, in electronic form, or any other form, without the prior written consent of TIE Kinetix.
3.1 All on the Website mentioned TIE Kinetix related trademarks, product names and logos are the registered or non-registered trademarks of TIE Kinetix and its subsidiaries, or are used in agreement with the rightful owners. Without prior written consent of TIE Kinetix it is not allowed to use these trademarks in whatever form.
4. Hyperlinks and other references
4.1 Throughout the Website, hyperlinks or other references may be available to refer to other websites that contain information related to a specific aspect of the Website. Hyperlinking to another website does not indicate that TIE Kinetix is related to these other websites or its owners. Although TIE Kinetix strives for connecting you to interesting websites and publications, neither TIE Kinetix nor any person acting in the name of TIE Kinetix is liable or responsible for these other websites or the displayed information, which is not being verified or endorsed by TIE Kinetix.
4.2 A link to another website is intended solely for the user's convenience, TIE Kinetix does not accept any obligations or liability in this respect. Providing a hyperlink to the Website of TIE is, in principle, permitted. However, framing is prohibited, without TIE Kinetix prior written consent.
5. Warranties and Liability
5.1 While TIE Kinetix attempts to ensure the accuracy and reliability of any materials presented within the TIE Kinetix Website, the user is warned that the Website could include typographical errors and/or technical inaccuracies. TIE Kinetix cannot guarantee that the content of the Website is appropriate to the purpose of consulting this information.
5.2 The service and the content from or through the Website are provided “as-is” and "as available", and TIE Kinetix disclaims all liability and all warranties, expressed and implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose or non-infringement.
5.3 TIE Kinetix will not be liable for any damage or loss of any kind (including, but not limited to, data loss, corruption or any damages caused by viruses contained within the electronic files or at the site), which follows from or is related is to the possession or use of the information displayed within the Website.
6. Modifications of Terms and Conditions
7.1 TIE Kinetix respects the privacy of visitors to the Website. The information gathered by TIE Kinetix during use of the Website may include personally identifiable information (Personal Data) such as e-mail and IP-addresses and can be used by TIE Kinetix for evaluation and further perfection and personalization of the Website or other Websites and for marketing purposes. TIE Kinetix attempts, through the gathered information, to optimize the accessibility and quality of the Website, including 1-to-1 marketing and e-mail campaigns.
7.2 TIE Kinetix does not share your Personal Data with unrelated third parties, unless required by applicable law or the competent authorities. Because of TIE Kinetix’ global scope, TIE Kinetix may transfer your Personal Data to affiliates and business partners around the world in order to provide TIE Kinetix potential customers with better offers, products, service and activities.
7.3 Personal Data and other information submitted to TIE Kinetix will be treated confidential but could be collected and archived in a database or file owned by TIE Kinetix or third parties. Processing of this Personal Data can take place for marketing purposes of TIE Kinetix and its affiliates. Personal Data will be discarded when it is no longer legal necessary for the purposes it was collected. In case Personal Data is submitted to the Website subject to the execution of a contract with TIE Kinetix, TIE Kinetix will be considered as data processor only and the party submitting the personal data as the data controller. TIE Kinetix will comply with the applicable privacy regulations as data processor. TIE Kinetix has no further obligations nor with respect to reviewing the content, the completeness or correctness of (Personal) Data submitted to the Website.
7.4 TIE Kinetix has a Chief Information Security Officer (CISO) and a Privacy Officer (PO), both centrally appointed by the Board of Management of TIE Kinetix. Subject to the GDPR, both officers are responsible for compliance, respectively monitoring compliance with GDPR and other privacy and security related regulations. This includes but is not limited to reporting of data breaches to customers and/or competent authorities when legally required, and enabling individuals to exercise their individual rights as defined in the GDPR. All privacy and security related policies are determined centrally by the Board of Management of TIE Kinetix, taking in account the advice of the CISO and PO.
8. Links to Third Party Sites or Products
9. Applicable Law
9.1 The Website is created and controlled by TIE Kinetix in the Netherlands and it can be accessed by everyone with an Internet connection all over the world. Because the laws where such a person resides may be different from Dutch law, by accessing the website you and TIE Kinetix agree that the Dutch law will apply to all matters relating the use of this website, without regard to conflicts of law principles.
9.2 TIE Kinetix makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where there contents are illegal or prohibited. If you choose to access the Website from other location you do so on your own initiative and you are responsible for compliance with any applicable local laws.
10. Collection and Processing of Your Personal Data
10.1 To serve you better and understand your needs and interests, TIE Kinetix collects, exports, and uses Personal Data with adequate notice and consent, along with required filings with data protection authorities, when applicable.
10.3 TIE Kinetix may further collect and process any information and data that you volunteer to TIE Kinetix, e.g. when you register for events, subscribe to newsletters, participate in online surveys, discussion groups or forums, or when you make purchases.
11. Use and Purpose of Collected Personal Data
11.1 The information TIE Kinetix collects to understand your needs and interests helps TIE Kinetix deliver a consistent and personalized experience. TIE Kinetix will use such information only as described in the Privacy Statement and/or in the way TIE Kinetix specifies at the time of collection.
11.2 TIE Kinetix will not subsequently change the way your Personal Data is used without your consent, as required by applicable law. Some of the ways TIE Kinetix may use your Personal Data include, but are not limited to:
a) To process your orders and deliver the products and services that you have ordered;
b) To keep you up to date on the latest product announcements, software updates, software upgrades, security patches, system enhancements, special offers, and other information. This may occasionally include information from other technology companies or business partners about products and services that can add value to TIE Kinetix’ solutions and solutions;
c) To tailor information about TIE Kinetix products and services to your individual interests. For example, during a visit to the site, it allows TIE Kinetix to provide you with specific information on products and services that may be of interest;
d) To provide the ability to view protected content;
e) To provide the ability to contact you, and to provide customer feedback and support;
f) To provide contests, sweepstakes or other marketing or promotional activities on the TIEKinetix.com or affiliated Websites. Personal data may be collected to administer those programs;
g) To conduct questionnaires and surveys in order to provide better products and services to customers, partners and end users. Your completion of any questionnaires is voluntary;
h) To support recruitment inquiries; and
i) To meet contractual obligations.
12. IP Addresses
12.1 TIE Kinetix uses IP addresses to help diagnose problems, to administer the Website and to gather demographic information. TIE Kinetix may also use IP addresses or other information, such as your consent and your user information you have shared on the Website or at any earlier occasion or a campaign code, to determine which pages on TIE Kinetix’ sites are being visited and topics that may be of interest in order to enable TIE Kinetix to provide you with information about relevant products and services.
12.2 TIE Kinetix may also collect IP addresses (and other technical information such as browser type). This information is collected when you connect to TIE Kinetix so that TIE Kinetix may identify your session, deliver content based on the technical capabilities of your browser, and for quality control purposes.
12.3 TIE Kinetix will only gather information related to your visit to the TIE Kinetix site. TIE Kinetix does not track or collect personal information from your visits to companies or entities outside TIE Kinetix or related subsidiaries.
13. Automated Tools
13.1 In addition to the information you provide, TIE Kinetix may also collect information during your visit to a TIE Kinetix Website through automated tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at an TIE Kinetix Website. Using these tools, TIE Kinetix is also able to confirm receipt of emails that the recipient consented to receive, and can track other information such as pages visited on the TIE Kinetix Website and whether or not the recipient registers for an event offered by TIE Kinetix and certain other aggregate data.
14. Embedded Web Links
14.1 Emails from TIE Kinetix often use links designed to lead you to a relevant area on the Web, after redirection through TIE Kinetix servers. The redirection system allows TIE Kinetix to change the destination URL of these links, if necessary, and to determine the effectiveness of TIE Kinetix marketing initiatives.
14.2 In emails, such links may also allow TIE Kinetix to determine if you have clicked on a link in the email, and the information about this interaction may be connected to your personal related data. If you do not want TIE Kinetix to collect information about the links you clicked, you can choose not to click on the links in an email that TIE Kinetix sends you.
16. Email Addresses
16.1 If you choose to provide TIE Kinetix your email address, TIE Kinetix may communicate with you via email. TIE Kinetix does not share your email address with others outside TIE Kinetix or its subsidiaries. You can choose not to receive any more email at any time.
16.2 Depending on how your email application is set up, Personal Data and other information may be transmitted automatically when you send email to TIE Kinetix.
17. Sharing Your Personal Data
17.1 As a global company, TIE Kinetix operates a number of Websites around the world. Any Personal Data and other data and information that you volunteer or that is otherwise collected on one of TIE Kinetix sites in any one country may be sent electronically to a server for one of these sites in another country. To its best efforts, TIE Kinetix safeguards your privacy interests around the world by ensuring that the Website adheres to TIE Kinetix’ data protection principles. Subsidiaries of TIE Kinetix may use the Personal Data and other information internationally in connection with processing your inquiries and orders, to help improve TIE Kinetix products and services and for processing and storage.
17.2 TIE Kinetix may also share Personal Data and other information with business partners in order to provide a requested service or transaction, including processing orders, hosting websites, hosting events, marketing campaigns and seminar registration and providing customer support, or providing you with information on products and services that may be of interest to you.
17.3 TIE Kinetix only provides these third parties with the minimum amount of Personal Data necessary to provide the services on behalf of TIE Kinetix, and the third parties are not permitted to use your personal data except for the limited purpose of completing the requested service or transaction.
18. Security of Your Personal Data
18.1 TIE Kinetix is committed to protect the Personal Data you share with TIE Kinetix. TIE Kinetix uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use or disclosure.
18.2 TIE Kinetix supports online security using secure server technology because TIE Kinetix wants your Personal Data to be safe. There are state-of-the-art security arrangements and facilities on TIE Kinetix sites to prevent abuse. TIE Kinetix binds its employees to observe your privacy and confidentiality rights.
19. Choice/ Opt-Out/ Correction/ Deletion of Personal Data
19.1 TIE Kinetix communicates with users who subscribe to the TIE Kinetix services on a regular basis via email, and TIE Kinetix may also communicate by phone to resolve customer complaints or investigate suspicious transactions. TIE Kinetix may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law.
19.2 TIE Kinetix provides you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from TIE Kinetix such as emails or updates regarding new services and products offered on the Website.
19.3 In case you have any questions or in case you want to review, correct, remove or transfer your Personal Data as stored and processed by TIE Kinetix, you can request so by sending an email to firstname.lastname@example.org. TIE Kinetix will make its best efforts to follow up your request within a reasonable timeframe.
20. Data Retention / Removal of Personal Data
20.1 TIE Kinetix will not retain your Personal Data longer than is necessary to fulfill the purposes for which the Personal Data were collected or as required by applicable laws or regulations.
© TIE Kinetix N.V., July 2019. All rights reserved.