Privacy – EMS Softmax

SPENTA BV PRIVACY, COOKIES and ACCEPTABLE USE POLICY

EMS is a product of Spenta B.V. . EMS is a business to business software as a service (SaaS) product for businesses. Spenta B.V. respects the privacy of its EMS website visitors and users, in particular their rights regarding the automatic processing of personal data. It also finds it important that an acceptable use policy is provided to the users to ensure the right usage of its website and services.

We have therefore formulated an implemented a policy on the complete transparency with our customers regarding the processing of persona data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.

If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autotiteit Persoonsgegevens): http://autoriteitpersoonsgegevens.nl/nl

Until you accept the use of cookies and other tracking devices, we will not place any non-anonymized analytical cookies and/ or tracking cookies on your computer, mobile phone or tablet.

With the continued visit of the website you accept these terms of use and you accept the use of cookies and other tracking systems unless we have provided for another method of accepting cookies on our website.

The current available version of this policy in the only version that applies while visiting our website until a new version replaces the current version. We do update this Policy from time to time so please do review this Policy regularly.

Article 1. Definition

Website (hereafter: “Website”) www.ems-soft.com.
Party responsible for processing data (hereunder: “the controller”): Spenta B.V., with offices in the Hague, the Netherlands and address at Postbus 1268, 2260 BG, Leidschendam, The Netherlands.

This privacy and cookies and acceptable use policy (the “Policy“) sets out the rules governing:

(a) the use of the website at www.ems-soft.nl, any successor website, and the services available on that website or any successor website (the “Services“); and

(b) the transmission, storage, and processing of content by you, or by any person on your behalf, using the Services (“Content“).

References in this Policy to “you” are to company or a natural person (private person) for the Services and any individual user of the Services and “your” should be construed accordingly; and references in this Policy to “us” are to Controller (and “we” and “our” should be construed accordingly).

Article 2. Access to the website

Access and use of the Website are strictly personal. As a natural person or a company, you will refrain from using the data and information of this Website for your own commercial, political, or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.

Article 3. Website Content

All brands, images, texts, comments, illustrations (reports, tables, interfaces), images in whatever structure, and all technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification or derivatives because of, by any means whatsoever, of all or just part of it, including technical applications, without prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate actions against any infringements, cannot be considered as a tacit consent, nor of a waiver of any right to persecute the infringing party.

By using the Services, you agree to the rules set out in this Policy:

General usage rules

We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
You must ensure that all Content complies with the provisions of this Policy.

Further, you must not use the Services:

(a) in any way that is unlawful, illegal, fraudulent, deceptive, or harmful; or

(b) in connection with any unlawful, illegal, fraudulent, deceptive, or harmful purpose or activity.

Unlawful Content

Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Content and the use of Content by us in any manner licensed or otherwise authorized by you must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) constitute a breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous.

(j) constitute a breach of official secrets legislation; or

(k) constitute a breach of any contractual obligation owed to any person.

You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

Graphic material

Content must be appropriate for all persons who have access to or are likely to access the Content in question and in particular for children over 12 years of age.

Content must not depict violence in an explicit, graphic, or gratuitous manner.

Content must not be pornographic or sexually explicit.

Factual accuracy

Content must not be untrue, false, inaccurate, or misleading.

Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

Negligent advice

Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.

Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

Etiquette

Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory, or inflammatory.
Content must not be liable to cause annoyance, inconvenience, or needless anxiety.
You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
You must not use the Services for the purpose of deliberately upsetting or offending others.
You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
You must ensure that Content does not duplicate other content available through the Services.
You must ensure that Content is appropriately categorized.
You should use appropriate and informative titles for all Content.
When applicable, you must at all times be courteous and polite to other users of the Services.

Marketing and spam

You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service, or commercial offering.
Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, “get rich quick” schemes or similar letters, schemes, or programs.
You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.

Regulated businesses

You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns, or other weapons.

Monitoring

You acknowledge that we may actively monitor the Content and the use of the Services.

Data mining

You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

Hyperlinks

You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

Harmful software

The Content must not contain or consist of, and you must not promote, distribute, or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications, or technologies.

The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

Other responsibilities of You using the Services:

If you are using the Services and whether you are representing a natural person (private person), a company or representing an authorized user of a company using the Services, you must not:

sub-license its subscription right to Services to group companies or third-parties to access and use the Services;
make the Services or its account(s) available to anyone but authorized users permitted by the Controller;
interfere with the integrity or performance of the Services or third-party data contained therein;
republish or redistribute any content or material from the Services;
attempt to gain unauthorized access or alter to the Services except as permitted;
conduct or request that any other person conduct any load testing or penetration testing on the Services without the prior written consent of the Controller;
create derivative works in or modify the Services or disassemble the Services; including EMS Services;
copy, frame, mirror, or otherwise make available to any unauthorized third party any part or content of the Services;
reverse engineer, reverse compile or engineer any part of the Services including without limitations the Services and materials/algorithm sources/source codes that are provided as part thereof, access the Services and materials/algorithm sources/source codes in order to build a similar or competitive product or service;

copy any features, functions, processes, algorithms, API (Application Programming Interface communication), communication and security methods or graphics of the Services;
upload to the Services any information or data that does or may violate or infringe upon the rights of others (including without limitation the rights of privacy or publicity, copyright, or trade secret);
use the Services in any way that is unlawful, illegal, fraudulent, or harmful; or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
upload content to, connect to, or use the Services to engage in activities that may damage, interfere with, surreptitiously intercept or expropriate the Services or any related system, database, or program (including through the use or transmission of viruses, Trojan horses, malware, worms, time bombs or bots;
sell, resell, lease, or rent the Services, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the Services when available to any third party other than an authorized user for authorized use;
share or use more than one individual user unless such individual is replaced by the company as former users on which controller is informed by the company;
create internet “links” to the Service, create copy, or “frame”, or “mirror” any part of the Services, including any content in the Services, on any other server or device; no part of the Services or Services and its materials, source codes may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;
acquire any rights in the Services, express or implied, other than those expressly granted in this Agreement and all rights not expressly granted to company or natural person are reserved by the Controller.

Article 4. Management of Website

For the purpose of proper management of the site, the controller may at any time:

suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
make the website temporarily unavailable in order to perform updates

Article 5. Responsibilities of Controller

Th controller is not liable for any failure, disturbances, difficulties, or interruption in the functioning of the website, causing the (temporary) inaccessibility of the website or any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
The controller is not liable for any legal proceedings taken against you:
1. Because of the use of the website or Services accessible via Internet
1. For violating the terms of this policy
The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
If the controller is involved in a dispute because of your (or You) (ab)use of this website and our Services, controller is entitled to (re)claim all subsequent damages from You.

Article 6. Collection of Data

Your personal or company personal data will be collected by Spenta B.V.
Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
An identifiable natural person is one who can be identified, directly, or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specified to the physical, physiological, generic, mental, economic, cultural or social identity of that natural person.
The personal data that are collected on the website are used mainly by the controller in order to maintain a (commercial) relationship with You and if applicable in order to process your orders. They are recorded in an (electronic register that is encrypted.

Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
Information provided voluntarily by you. For example, when you register for information or make a purchase.
Information that you provide when you communicate with us by any means.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.

Article 7. Rights regarding information

Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his/her personal data, as well as the right to object to the processing and the right to data portability.
You can exercise these rights by contacting us at info@ems-soft.com
Each request must be accompanied by a copy of a valid ID (identification), on which you put your signature and state the address where we can contact you.
Within 1 month for the submitted request, you will receive an answer from us. Depending on the complexity and the number of the requests this period may be extended to two months

Article 8. Legal Obligations

In case of infringement of any law or regulation, of which a user (you) is suspected and for which the authorities require the personal data collected by the controller, they will be provided to them after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy policy.
If any information in necessary in order to obtain access to certain feature of the website, the controller will indicate the mandatory nature of this information when requesting these data.

Article 9. Collected data and commercial offers

You may receive commercial offers form the controller. If you do not wish this to happen, please send us an email to the following address: info@ems-soft.com
Your personal data will not be used with partners for commercial purposes.
If you encounter any personal data from other data subject while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The controller is not responsible in these circumstances.

Article 10. Data Retention

The collected data are used and retained for the duration determined by law or agreed with our customers as part of use of the Services.

Article 11. Cookies

Cookies provide information regarding the computer used by a visitor. It is in our legitimate interests to use cookies where appropriate to gather information about your computer in order to assist us in improving our website.

We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.

You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.

We use the following types of cookies on our website:
Functional cookies: like session and login cookies to collect session and login information
Anonymized Analytic cookies: to obtain information regarding the visits, like number of visitors, popular pages, and topics. In this way, we can adjust our communication and information to the needs of our visitors. We can not see who visits our sites or from which personal device the visit has taken place.
Specifically, we use the following cookies on our website:

Google Analytics

When you visit our website, cookies form the controller and/ or third parties may be installed on your equipment.
For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post

Article 12. Storing Your Personal Data

In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.

Spenta uses its own independent platform to store data. The provider of cloud is an EU provider and is ISO27001 certified.

Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.

Article 13. Third Party Links

On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.

Article 14. Imagery and product offered

You cannot derive any rights from the imagery that accompanies any offered products on our website.

Article 15. Applicable Law

The conditions are governed by the Dutch law. The court in the district where the collector has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.

Article 16. Contact

For questions about the policy, product information or information about the website itself, please contact us at info@ems-soft.com. You can also visit the contact section of EMS website for more information on the website of EMS at www.ems-soft.com.

Spenta BV

Cookies, Privacy and Acceptable Use of this website