Terms and conditions

Terms and conditions

TALLON GRAPHIC SOLUTIONS NV (TGS NV) FLOW General Terms and Conditions (“Terms”)

1. SCOPE OF THE TERMS; PARTIES

1.1 These Terms apply to Agreement(s) (defined in Section 2) on the provision of the FLOW Software Service and/or the Professional Services (both defined in Section 2) by Tallon Graphic Solutions NV (TGS NV) with Business ID 0407.173.138 (“Supplier”) to its customer (“Customer”). These Terms form an integral part of the Agreement. The Customer’s purchase, procurement or other terms shall not apply to the Agreement, even if referred to or submitted by Customer. The Supplier and the Customer are also hereinafter referred to each as a “Party” and together as the ”Parties”.

1.2 THE CUSTOMER REPRESENTS AND WARRANTS THAT EACH PERSON WHO TAKES THE FLOW SOFTWARE SERVICE INTO USE OR OTHERWISE ACCEPTS THE AGREEMENT (INCLUDING BUT NOT LIMITED TO THESE TERMS) IS AUTHORIZED TO CONCLUDE A BINDING AGREEMENT ON BEHALF OF THE CUSTOMER AND THAT THE CUSTOMER IS BOUND BY THE TERMS OF THE AGREEMENT.

1.3 BY MAKING AN ORDER, CLICKING OR OTHERWISE INDICATING THE ACCEPTANCE OF THE AGREEMENT (INCLUDING BUT NOT LIMITED TO THESE TERMS) OR USING THE FLOW SOFTWARE SERVICE, THE RESULTS OF THE PROFESSIONAL SERVICES OR THE DOCUMENTATION, THE CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THESE TERMS.

2. DEFINITIONS

The following terms shall have the meanings assigned to them herein:

“Agreement” means the Customer’s order requesting the right to use the FLOW Software Service and/or requesting the performance of Professional Services, that is accepted by the Supplier by providing a written or electronic Service Level Agreement (“Service Level Agreement”) to the Customer. All orders are subject to the Supplier’s acceptance. The Agreement consists of the Service Level Agreement and these Terms.

“API” is defined in Section 10 of the Terms.

“Customer Data” means any data or other content and personal data entered by or on behalf of the Customer into the FLOW Software Service, through integrations with the System or otherwise.

“Confidential Information” means information of the other Party that is marked as confidential or that should be reasonably understood to be confidential.

“Documentation” means usage manuals, instructions, materials or any other documentation related to the FLOW Software Service and/or the Professional Services in written or electronic form that are supplied by the Supplier to the Customer, are stored by the Supplier’s Service Desk for the purpose of use of the Supplier’s customers or are accessible through the FLOW Software Service, but excluding marketing materials.

“Error” means an error, which can be reproduced and which causes the FLOW Software Service not function materially as described in the FLOW Software Service description Documentation, as updated by the Supplier from time to time.

“Intellectual Property Rights” means patents, inventions, trademarks, domain names, rights in know-how, trade secrets, copyrights, database rights, rights related to copyrights and any other intellectual and industrial property rights, whether registered or not, and including without limitation the right to amend and further develop the objects of those rights and the right to assign the rights to third parties.

“FLOW Software Service” means software as a service delivered via data networks enabling the Customer to use the designed end user functionalities of the System. The FLOW Software Service is defined in the FLOW Software Agreement and/or Service Level Agreement, as may be modified by the Supplier at any time, and it includes the designed end user functionalities of the System’s modifications, Updates and New Versions, which the Supplier takes into FLOW Software Service’s production use during the term of the Agreement. The FLOW Software Service description Documentation is maintained and accessible from the Supplier’s Service Desk.

“Service Level Agreement” is defined in the definition of “Agreement” above.

“Professional Service(s)” means the professional services agreed to be performed by the Supplier as confirmed in a Service Level Agreement or otherwise agreed by the Parties in accordance with these Terms, such as deployment, integration, consultation, support and/or training service or any other service agreed upon.

“SaaS Fee” is defined in Section 4 of the Terms.

“Service Hours” means  business hours Monday to Friday 09 a.m.-5 p.m. in the timezone of the Supplier and excluding national holidays in Belgium. The Supplier is entitled to amend the Service Hours.

“Statistical Information” means the Customer Data, as such or as processed and/or combined with other data, but in a form that no individual person’s or Customer’s identity can be identified.

“Support Service” means the Supplier’s Service Desk services investigating and correcting Errors, as defined in Section 7 of the Terms.

“System” means the software application and database system(s) used by the Supplier to provide the FLOW Software Service, and it includes the modifications, Updates and New Versions of the System.

“Third Party Data” is defined in the definition of “Third Party Supplier” below.

“Third Party Supplier” means a third party from whom the Customer is acquiring data, content, technology or services (those data, content, technology and/or services are referred to as “Third Party Data”). It also entails any product, platform, or service not developed by the Supplier which enhances, manipulates, integrates with, interacts with, interoperates with, or adds functionality to the Products and Services or Customer Content. It may include public APIs, stand-alone software, data, content, specifications, products equipment, components or hardware and may be obtained directly from the developer or through a reseller. The Supplier may act as a reseller.

“Update” means a release of the System containing security updates, error corrections, bug fixes, patches and/or minor changes to the System. The Supplier’s decision shall prevail in case of disagreement whether a release is a New Version or an Update.

“New Version” means any major release of the System, which incorporates a new feature or features or major enhancement(s) to the features of the System, and in addition may contain also security updates, Error corrections and/or minor changes to the System. The Supplier’s decision shall prevail in case of disagreement whether a release is a New Version or an Update.

3. GENERAL TERMS AND CERTAIN DUTIES

3.1 The features of the FLOW Software Service ordered by the Customer are described in the Service Level Agreement.

3.2 For the avoidance of doubt, the Customer may make additional orders and the Parties may agree on the provision of additional Professional Services in written form (email or other electronic written form being sufficient) at any time during the term of the Agreement. All orders are subject to the Supplier’s acceptance and are governed by the Agreement and these Terms.

3.3 Each Party shall contribute to the provision of the FLOW Software Service and the Professional Services with respect to factors under the command or control of the Party.

3.4 The Customer shall, at its own expense, acquire the equipment, connections, data transfer services, hardware, software and information security services that are required for its use of the FLOW Software Service and for the remote connection for the Professional Services, according to the compatibility requirements set by the Supplier from time to time.

3.5 The Customer is liable for its compliance with the laws and regulations applicable to its operations, including but not limited to its compliance with “know your customer” and other regulations and its regulatory reporting obligations. The Supplier is not liable for the Customer’ compliance with any laws or regulations. It is the Customer’s duty to assess the features of the FLOW Software Service, as amended from time to time, and to determine if the FLOW Software Service can be used to assist the Customer in its compliance with the applicable laws and regulations.

3.6 The Supplier is not responsible to customize or amend the FLOW Software Service based on laws or regulations or changes thereof.

3.7 The Customer bears full liability for the information given by it. The Supplier does not have the obligation to inspect or verify the correctness of any such information.

3.8 The Professional Services are performed remotely. Any possible on-site Professional Services shall be agreed between the Parties separately in written form (email or other electronic written form being sufficient) and are subject to a separate charge in accordance with the Supplier’s then-current on-site Service prices.

4. TERMS OF USE

4.1 Subject to the Customer’s payment of the prices payable for the right to use the FLOW Software Service (“SaaS Fee”), the Customer is granted a non-exclusive, non-transferable and non-sublicensable right to use the FLOW Software Service during the term of the Agreement in the Customer’s internal use in accordance with the Documentation. Except for the users allowed in the Documentation or the Agreement, the Customer may not use the FLOW Software Service to offer services to any third party or otherwise transfer the FLOW Software Service or allow access to the FLOW Software Service to any third party or allow any third party to benefit from the FLOW Software Service. For the avoidance of doubt, also the Customer’s group companies are deemed as third parties and they are not allowed to use, access or otherwise benefit from the FLOW Software Service, unless otherwise agreed in the Agreement. The Customer shall follow the usage limitations set out in the Service Level Agreement and/or the Documentation, regarding e.g. the maximum number of users or other limitations to the granted use. There are no implied licenses.

4.2 The Customer may use the Documentation to support the granted use of the FLOW Software Service, as long as the Customer’s right to use the FLOW Software Service is in force.

4.3 The Customer’s users shall maintain their user names and passwords diligently and the user names and passwords may not be disclosed to third parties. The Customer is responsible for the use of FLOW Software Service by using its users’ user names and passwords.

4.4 The Customer may not repair or otherwise modify the Documentation, or, even if these actions would be technically possible, the FLOW Software Service or the System. Even if these actions would be technically possible, the Customer may not disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the System.

4.5 The Customer agrees not to remove or conceal any copyright, trademark and other proprietary notices or other form of identification affixed to the FLOW Software Service or the Documentation.

4.6 The Supplier may monitor The Customer’s use of the Flow Software Service to verify The Customer’s compliance with the Terms herein. In consideration of the foregoing, The Customer shall make available any information or provide any access to any Application reasonably requested by The Supplier to verify compliance.

5. CUSTOMER DATA

5.1 The Customer warrants that the Supplier and its subcontractors are entitled to store and otherwise process the Customer Data lawfully for the purposes of the Agreement.

5.2 Prior to submitting the Customer Data, the Customer shall take and maintain copies of the Customer Data. The same applies to any output data (such as reports) that the Customer receives by using the FLOW Software Service. The Customer is fully liable for the Customer Data and its correctness and for selecting the security, co-location and/or multiple environment methods offered by the Supplier and deemed appropriate by the Customer.

5.3 During and after the term of the Agreement, the Supplier has a permanent, non-revocable, transferable, sublicensable and free of charge right to store and use the Statistical Information for the purpose of the development of the FLOW Software Service, the Professional Services and the System.

5.4 The Parties agree to the terms of Schedule 1 of these Terms governing the processing of personal data. The Schedule 1 forms an integral part of these Terms and the Agreement.

6. PROVISION OF FLOW SOFTWARE SERVICE

6.1 The Supplier may suspend the provision of or access to the FLOW Software Service:

 (a) if it is necessary e.g. for the purposes of installation, change or maintenance work taking into account three week release cycles and the fact that this will mainly be planned in the evening time according to GMT+1 Time Zone, or

(b) due to interruption in public networks, security risks, problems in electricity supply, if required by law or an order by an authority, if the Supplier suspects misuse of the FLOW Software Service or breach of the Terms or if there is a similar cause demanding corrective actions.

6.2 If the suspension is due to a service break planned by the Supplier, the Supplier intends to notify, where reasonably possible, the Customer of the suspension in advance. The Supplier will notify the Customer of other suspensions, where reasonably possible, without delay after the Supplier has received information about the cause of the suspension.

7. SUPPORT SERVICE

7.1 The FLOW Software Service includes the Support Service as described in this Section. As part of the Support Service, the Customer may report Errors to Supplier’s Service Desk addresses and/or telephone numbers informed by Supplier. The Service Desk will serve during the Service Hours. The Support Service may be contacted only by the Customer’s named main users, who are trained in the use of the FLOW Software Service. The number such main users entitled to contact the Support Service is maximum two (2) at a time unless otherwise agreed upon in the Service Level Agreement.

7.2 The Supplier can use commercially reasonable efforts as the Supplier deems necessary to investigate and/or correct reported Errors after the receipt from Customer of sufficient information regarding the Error, according to the Supplier’s resources and priorities. The Supplier will perform investigation and correction efforts during the Service Hours. Supplier does not warrant that Errors can or will be corrected or that Errors can or will be corrected within a certain time period. The Supplier may prioritize the investigation and correction of different Errors taking into account their severity and effect, as estimated by Supplier.

7.3 The Support Service does not cover correction of Errors and the Supplier is not be liable for Errors that are caused by: (a) faulty use; (b) failure to follow the terms of the Agreement or usage instructions; (c) a modification or repair performed by anyone else than the Supplier; (d) any system, product or service not provided by the Supplier (e.g. Third Party Suppliers’ systems or Third Party Data) or for any changes in the same; or (e) faulty form or content of the Customer Data.

7.4 The Supplier may make changes to the System and the FLOW Software Service at any time.

7.5 For the avoidance of doubt, the Support Service does not include consultation or other Professional Services, such as the creation of new reports.

8. ACCEPTANCE OF PROFESSIONAL SERVICES

The provision of the Professional Services is deemed accepted in case: (i) the Customer does not report deviations from the written specifications of the Professional Service to the Supplier within fourteen (14) days from provision of the Professional Service, (ii) the Customer notifies it has accepted the Professional Service, (iii) the Supplier has corrected the deviations from the written specifications of Professional Service reported by the Customer during such time period, or (iv) the result of the Professional Service in question is taken into use, whichever of these (i through iv) is the earliest.

9. INTELLECTUAL PROPERTY RIGHTS

Title and any and all Intellectual Property Rights in and to the FLOW Software Service, the System, the Professional Services, the results of the Professional Services and the Documentation, and any copies, modifications, translations, amendments and derivatives thereof are and shall belong to the Supplier or its licensors.

10. THIRD PARTY SUPPLIERS, THIRD PARTY DATA AND APIS

10.1 If the Customer is receiving or using Third Party Data in connection with the use of the FLOW Software Service, e.g. via an integration between the System and the Third Party Supplier’s system, it is especially agreed that the Supplier is not liable for the Third Party Data, or otherwise arising out of or in connection with the Third Party Supplier’s performance or non-performance or for any unavailability of the Third Party Data. The Customer is solely liable for its compliance with its agreements with the Third Party Suppliers.

10.2 If the Supplier provides application programming interfaces (“API”s), THE APIS ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, LIABILITY OR REPRESENTATION OF ANY KIND, AND THE USE OF THE APIS IS ENTIRELY AT THE CUSTOMER’S OWN RISK. THE SUPPLIER HAS THE RIGHT TO MODIFY THE APIS WITHOUT NOTICE.

11. PRICES AND PAYMENT

11.1 Prices

11.1.1 The SaaS Fee and the prices payable by the Customer for the Professional Services are set out in the  Agreement.

11.1.2 Other prices payable by the Customer and e.g. surcharges payable for Professional Services outside of Service hours are in accordance with the Supplier’s Agreement or as amended by the Supplier from time to time.

11.1.3 The Supplier may amend the prices agreed in the Agreement by notifying the Customer thereof latest four (4) months prior to the amendment.

11.1.4 The licence fees are indexed annually on January 1st in accordance with the price inflation of Belgium according to STATBEL, the official government body responsible for the consumer price index.

11.2 Invoicing and Payment

11.2.1 If not otherwise set out in the Agreement or otherwise confirmed by the Supplier in writing, the prices are invoiced:

(a) recurring prices, such as monthly, quarterly or annual SaaS Fee, in advance of the invoicing period; and

(b) deployment and other Professional Services prices monthly afterwards; and

(c) other prices monthly afterwards.

11.2.2 The invoicing of the SaaS Fee commences as of the date of the Agreement.

11.2.3 Prices are payable upon Agreement, by credit card or other payment method offered by the Supplier from time to time. If the Supplier offers invoicing as a payment method, invoices are payable within thirty (30) days from the date of the invoice. The Supplier may suspend its deliveries to the Customer and/or the Customer’s access to the FLOW Software Service in the event that the Customer has delayed in making any payment. The Customer shall pay interest on delayed payments at a rate of six (6%) per annum.

11.3 Taxes and Expenses

11.3.1 Relating to the payments made by the Customer to the Supplier based on the Agreement, value added tax, duties, levies and other taxes and governmental charges are borne by the Customer and added to the prices. This shall not however apply to the income tax payable by the Supplier for its income.

11.3.2 All payments shall be made without withholding or deduction for or on account of any present or future taxes of whatever nature unless such withholding or deduction is required by law. If withholding or deduction is required by law, the Customer shall pay the Supplier such additional amounts as are necessary in order that the amounts received by the Supplier after such withholding or deduction are equal to the amounts of the payments payable under the Agreement in absence of such withholding or deduction. The Customer shall promptly provide the Supplier with copies of documentation evidencing that it has paid any and all withholding and like taxes in accordance with laws.

11.3.3 The Supplier may charge the Customer for travel and accommodation expenses and daily allowances accrued to the Supplier from the performance of the Professional Services. For travel time, the Supplier’s hourly price is charged.

12. CONFIDENTIALITY

12.1 A Party (i) may not disclose the other Party’s Confidential Information to any third party and (ii) may not use the other Party’s Confidential Information for any purpose other than for fulfilling its obligations and using its rights arising out of the Agreement. The structure and user interfaces of the FLOW Software Service and the System, and their underlying ideas and the Documentation are always the Supplier’s Confidential Information. The Supplier may disclose the Customer’s Confidential Information to its subcontractors for the fulfilment of the purpose of the Agreement if the subcontractors have committed to a confidentiality provision substantially similar as herein.

12.2 The Supplier may also disclose the Customer’s Confidential Information and/or provide access to the Customer Data to authorities who supervise or have otherwise authority over the Customer’s operations.

12.3 The foregoing confidentiality and non-use obligations shall not apply to information: (i) which at the time of the disclosure is or later becomes generally available or otherwise public through no fault of the receiving Party; (ii) which was in the possession or knowledge of the receiving Party prior to receipt of the same from the other Party; (iii) which the receiving Party receives from a third party who, in the knowledge of the receiving Party, did not violate a confidentiality obligation when making the disclosure; (iv) which the receiving Party has independently developed without using the other Party’s Confidential Information; or (v) which must be disclosed based on law or an order by an authority or court. Unauthorized disclosures of Confidential Information that are caused by security breaches or unintentional leaks or other similar causes are not regarded as a breach of this confidentiality obligation. The Supplier shall have the right to utilize the general expertise, technical knowledge and skills that its and its subcontractors’ personnel have learnt in conjunction with the Agreement. The Supplier has also a permanent, non-revocable, transferable, sublicensable and free of charge right to store and use for any and all purposes the suggestions, feedback and ideas given by the Customer regarding the Documentation, the FLOW Software Service and/or the Professional Services.

13. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SUPPLIER HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTISE.

14. LIABILITY

14.1 Arising out of or related to the Agreement, the Supplier shall have no liability for any: (i) indirect or consequential damages such as loss of profit, revenue or savings, or for damages payable to third parties, or (ii) loss or alteration of data or for any damages incurred as a result thereof, or for cover purchase.

14.2 The Supplier’s aggregate maximum liability arising out of and related to the Agreement and any and all Customer’s orders for any and all causes of action occurred during any calendar month, and including the amounts of possible price returns, price reductions and service level credits, shall not exceed the amount of the SaaS Fee (without value added tax and other governmental charges) paid by the Customer to the Supplier for the said calendar month.

14.3 No action, regardless of form, may be brought by the Customer against the Supplier more than four (4) months after the cause of action has arisen.

14.4 The limitations of liability shall not apply to damages caused by gross negligence or intentional act.

15. TERMINATION

15.1 Termination at Will

Unless otherwise agreed upon the Agreement will continue in force until terminated by a Party by giving a written notice to the other Party as set out in this sub-section. The notice period for the Customer to terminate the Agreement is four (4) months and for the Supplier to terminate the Agreement eight (8) months. The termination notice period is calculated from the last day of the calendar month during which the termination notice was delivered to the other Party.

15.2 Termination for Cause

Either Party may terminate the Agreement with immediate effect by giving the other Party a written notice if:

(a) the other Party commits a material breach of the Agreement and fails to remedy the same within thirty (30) days after receipt of a written demand from the other Party to cure the breach; or

(b) the other Party is declared bankrupt, placed into liquidation or its financial situation has otherwise materially deteriorated, so that it becomes evident that the other Party will not be able to fulfill its obligations under the Agreement.

15.3 Effects of Termination

15.3.1 Prior to the termination of the Agreement on the Customer’s written request, the Supplier shall reasonably contribute in the transition of the Customer Data in the possession of the Supplier to the Customer or a third party designated by the Customer. The Customer shall request such Professional Services from the Supplier in good time prior to the date that the Agreement terminates.  Unless otherwise agreed in writing, this obligation to contribute is valid during the term of the Agreement. The Customer shall pay for such Professional Services according to the Supplier’s price list. As a condition for such Supplier’s Professional Services, the Supplier is entitled to demand that (i) the Customer pays all amounts due to the Supplier, (ii) the Customer provides to the Supplier a guarantee acceptable to the Supplier to guarantee further payments and/or (iii) the Customer pays an advance payment for such Professional Services. The Supplier is not obligated to store the Customer Data after the term of the Agreement.

15.3.2 The Supplier may continue to store the Customer Data if required by laws or regulations.

16. MISCELLANEOUS

16.1. Amendment

The Supplier may amend the Agreement (including but not limited to these Terms) at any time by notifying the Customer latest thirty (30) days’ before the effective date of the amendment. If the Customer objects to the amendment, the Customer may terminate the Agreement by giving the Supplier a fourteen (14) days’ written notice. Such termination is the Customer’s sole and exclusive remedy. If the Customer does not terminate the Agreement as set out herein, the Customer is deemed to have accepted the amendment.

16.2 Notices

The Supplier may make notices validly to the Customer in the user interface of the FLOW Software Service, by email to any email address submitted or notified by the Customer, or in other electronic form.  Notices to the Supplier shall be made in written form to the Supplier’s official registered address or to email address(es) notified by the Supplier for such purpose at any time.

16.3 Reference Right

Upon other Party’s written (such as email) permission, the other Party is entitled to use the other Party as a reference publicly and in marketing.

16.4 Assignment and Subcontractors

The Customer may not assign the Agreement to a third party, without the prior written consent of the Supplier. The Supplier may assign the Agreement or any of its rights based on the Agreement without the consent of the Customer to any third party. The Supplier may subcontract its duties. The Supplier shall be liable for the work of its subcontractors as for work of its own.

16.5 Survival

Upon termination of the Agreement, the provisions relating to title and Intellectual Property Rights, confidentiality, limitations of liability and this Section “Miscellaneous” shall survive. Also, any other provisions which by their nature or wording contemplate effectiveness beyond the termination of the Agreement, shall survive the termination.

16.6 Entire Agreement

The Agreement constitutes the complete agreement between the Parties with respect to the subject matter hereof and supersedes all previous proposals, marketing materials and other communications between the Parties with respect to the subject matter hereof.

16.7 Severability

If any provision of the Agreement is found to be contrary to law, the other provisions of the Agreement will remain in force. The invalid provision shall be amended by the Parties, and the Agreement shall be interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.

16.8 Waiver

A failure by the Supplier to use any of its rights based on the Agreement shall not be construed as a waiver of such right.

16.9 Force Majeure

The Supplier shall not be liable for delays, defects or damages caused by factors due to an impediment beyond his control, which he cannot reasonably be deemed to have taken into account at the time of the conclusion of the Agreement, and the consequences of which he could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, breakdown of electricity or networks, security attacks, failures in Internet or other public networks or data traffic, strikes and other labor disputes or acts of government. A labor dispute shall be considered a force majeure event also when the Supplier is the target or a party to such an action. The force majeure events suffered by subcontractors are also be deemed as force majeure events.

16.10 Anti-Corruption and Compliance

Customer acknowledges and agrees that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of The Supplier’s employees or agents in connection with the Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, Customer will use reasonable efforts to promptly notify Supplier of such violation. Each Party agrees to comply with applicable trade control laws and regulations.

16.11 Governing Law and Dispute Settlement

16.11.1 The Agreement shall be construed in accordance with the laws of Belgium, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods.

16.11.2 Any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or validity thereof, shall be finally settled by the Courts of Belgium.

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Website Terms of use

Effective June 2021 – version 1.0

Please read these Terms of Use (“Terms of Use”) carefully before using any website, mobile site, mobile application, or other digital service or product controlled by Tallon Graphic Solutions, Blancefloerlaan 179a, BE-2050 Antwerpen, Belgium, or any of its TGS-branded affiliates (“TGS”) that link to these Terms of Use (collectively, “TGS Sites”). By accessing and using any TGS Site in any way, including, without limitation, browsing the TGS Site, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the Terms of Use. If you do not agree to all the terms and conditions herein, do not use any TGS Site in any manner. TGS reserves the right, at TGS’s sole discretion, to change, modify, update, add, or remove portions of these Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of the TGS Sites following the posting of changes to the Terms of Use will mean you accept those changes.

 

Updating Terms of Use

TGS provides the information on this server as a public service to its customers, and reserves the right to change the contents of the information without notice. TGS is not liable for the accuracy, completeness, and/or reliability of the contents of the information provided herein.

 

Non-liability statement

EXCEPT AS PROHIBITED BY LAW, THIS WEBSITE AND All THE SERVICES, PRODUCTS AND OTHER CONTENT ON THIS WEBSITE ARE PROVIDED “AS IS”.  TGS MAKES NO REPRESENTATIONS OR WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, COMPLETE OR RELIABLE, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THIS WEBSITE OR ANY OF THE SERVICES, PRODUCTS OR OTHER CONTENT ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY LINKS TO THIRD PARTY WEBSITES.

 

EXCEPT AS OTHERWISE PROHIBITED BY LAW, NEITHER TGS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SECONDARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF CAUSE OR LEGAL THEORY, RESULTING FROM OR OTHERWISE RELATED TO YOUR USE, OR INABILITY TO USE, THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT OF LIABILITY, IN NO EVENT WILL TGS’S OR ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, AFFILIATES’, LICENSORS’ OR SUPPLIERS’ LIABILITY, REGARDLESS OF CAUSE OR LEGAL THEORY, EXCEED THE AMOUNT YOU PAID TO TGS IN CONNECTION WITH YOUR USE OF THE WEBSITE, IF ANY, DURING THE ONE-YEAR PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

 

Intellectual Property Rights

The TGS Sites, and all data, text, images, software, video or audio contained therein are for your non-commercial and personal use only. No licence to such intellectual property rights is granted to you. Any reproduction, publication or other use of the contents on this website require TGS’s prior written consent.

 

External Links

The TGS Sites contain links to third-party websites which are not under the control of TGS. TGS IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH LINKED WEBSITES. You acknowledge and agree that TGS is providing these links to you only as a convenience, and TGS does not endorse or accept responsibility for the content on such third-party websites. If you elect to make any online purchases from TGS, the TGS Sites will link you to third-party website(s) that will collect your payment and other information in connection with your purchase.

 

Cookies and Other Tracking Technologies

The TGS Sites use cookies and other tracking technologies to enhance your experience. Please see TGS’s Privacy Policy for details.

 

Privacy and Security

TGS respects your privacy, values our relationship, and is committed to safeguarding your privacy. We understand the importance of privacy to our customers and visitors to the TGS Sites. Our use of your Personal Data is governed by our Privacy Policy, and by accessing and using the TGS Sites, you agree to be bound by our Privacy Policy.

You recognize and agree that when submitting your Personal Data to the TGS Sites, while TGS has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, TGS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF TGS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TGS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

 

Law and Jurisdiction

These Terms of Use are governed by the laws of Belgium. Any dispute arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts situated in, or having jurisdiction over, Ghent, Belgium.

 

Privacy Policy

Privacy Policy

Effective June 2021 – version 1.0

 

This Privacy Policy explains how we handle the Personal Data provided to us on websites, mobile sites, mobile applications, and other digital services and products as well as offline controlled by TGS, Blancefloerlaan 179/BA, 2050 Antwerpen, Belgium, or any affiliate doing business as TGS, that link to this Privacy Policy (collectively, “TGS Sites”). TGS is the data controller for the processing of Personal Data under applicable law. Please also read our terms of use for full disclose.

This Privacy Policy does not apply to TGS Sites that do not link to this Privacy Policy, or to third-party websites to which TGS Sites may link.

 

Table of contents

  • Types of information
  • Personal data
  • Automatically collected information
  • Usage of personal information
  • Shared or third-party information
  • Privacy Protection
  • Data security & protection
  • Third party sites & plugins
  • Privacy policy changes
Types of Information

The types of personal data that can be collected are described in this section and include the usage of personal data and the information of automatically collected data, when using TGS Sites.

Personal Data

You do not have to register for a service or program to receive much of the information available through TGS Sites. However, some of our content is available only to registered or identified users and will require you to set up a profile or provide specific information about yourself in order to provide you the service.

Any difference in services as a result of your decision not to provide us with Personal Data is reasonably related to the value of such data.

 

Personal data provided when visiting TGS sites

TGS collects Personal Data that you provide on TGS Sites.  You may do this when purchasing a product, to receive marketing products and information, contact TGS customer service, or respond to TGS questionnaires or surveys. Such data includes:

 

  • Contact Information such as your name, address, phone number, or email address
  • Registration Information such as your username and password
  • Remuneration information when you provide a service to TGS
  • Employment, education and other background information when you inquire about employment with TGS
  • Payment information (such as banking information, payment card number, expiration date, delivery address, and billing address)
  • Content you may provide (for example, when you complete our Online Contact Form or submit other information).

 

Personal data during other interactions with TGS

You may contact TGS to ask questions, discuss your concerns, or report issues regarding our products. If you communicate with or request information from TGS, you may be prompted to provide your contact information as well as any Personal Data that is relevant to your request. This information includes: contact information, username and password, etc.

 

Automatically collected information

When you use the TGS Sites, we also may collect certain usage and device information automatically as described below. Your IP address and non-identifying information about your use of TGS Sites may be collected automatically using tracking technologies, such as cookies. This information includes: IP Address, device and advertising identifiers, browser type, operating system, Internet service provider, pages you visit before and after using the Site, the date and time of your visit, information about the links you click and pages you view within the Site, and other standard server log information). Your website browser software can be set to reject all cookies; however, cookies can allow you to take advantage of some of the site’s essential features so they may not work if you reject cookies.

 

IP-adress:

We may record the Internet Protocol (“IP”) address of your computer or other electronic device when you visit the TGS Sites. An IP address identifies the electronic device you use to access the Sites, which allows us to maintain communication with your computer as you move about TGS Sites and to customize content.

 

Cookies & other tracking technologies

Information about your use of TGS Sites could be tracked through tracking technologies such as cookies and web beacons. A “cookie” is a unique numeric code that is transferred to your computer to track your interests and preferences and to recognize you as a return visitor. A “Web beacon” is a transparent graphic image placed on a Website, e-mail or advertisement that enables the monitoring of things such as user activity and site traffic. These technologies help remember your preferences and allow us to bring you the content and features that are likely to be of the greatest interest to you on the basis of “clickstream” data that shows your previous activities on TGS Sites. TGS Sites utilize both Google Analytics and Adobe Analytics for tracking purposes.

We may share information about your use of TGS Sites with third parties for certain business purposes, including personalizing and delivering online marketing and advertising. We utilize Google Display Advertising (such as Retargeting with Google Analytics, Google Display Network Impression Reporting, DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting) to (1) show you our ads on other websites based on your prior visits to TGS Sites, and (2) better understand our ad impressions and use of ad services. In connection with the Google Analytics Demographics and Interest Reporting service, we may use data from Google’s interest-based advertising or third-party audience data (such as age, gender and interests) with Google Analytics to understand and improve our marketing campaigns and Site content.

Some of our online advertising takes place through Google Display Advertising. As part of this program, we use Google Analytics features such as Retargeting. In connection with that feature and others offered by ad networks, we and the operators of ad networks, including Google, may use third-party cookies (such as the DoubleClick cookie) – and in some cases first-party cookies (such as the Google Analytics cookie) – to inform, optimize and serve ads across the Internet, based on a user’s past visits to TGS Sites. We also may show you ads from some of our affiliated companies when you visit TGS Sites.

When we disclose data for business purposes as discussed above, we disclose the categories of data listed above in Types of Information We Collect.

You can opt-out of Google Ads by visiting http://www.google.com/ads/preferences. If you do not want your data used by Google Analytics, you can install the Google Analytics opt-out browser add-on at the Google Analytics opt-out page.

To learn more about cookies and other tracking technologies, including how to disable them, please visit http://www.allaboutcookies.org/. Please note that some cookies are essential to the functioning of our Sites and deleting or disabling them will reduce the site’s functionality.

 

Mobile tracking

Some TGS Sites are available either as mobile applications or mobile sites that you can use on your mobile device. If you use a mobile device to access and use the TGS Sites, we may collect the following mobile-specific information in addition to the other information described above: device or advertising ID, device type, hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your mobile operating system, the platform used to access or download the TGS Site (e.g., Apple, Google, Amazon, Windows), location information and usage information about your device and your use of the TGS Sites.

 

Information from other sources

We may combine information about you from TGS Sites with information that you provide offline, for the purposes specified in this notice.  Any Personal Data that we obtain offline from you or others will be processed in compliance with notice requirements and other applicable law. 

Usage of personal information

We use your Personal Data to provide you the product and services you request, communicate with you, improve your experience on the TGS Sites, generally improve our products and services and for other internal business purposes, including detecting security incidents, debugging to identify and repair errors that impair existing functionality, performing services on our behalf or that you request (such as serving online marketing and advertising), and fulfilling transactions. These uses may also include the recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data. The Personal Data we collect about you will be retained only for so long as reasonably necessary for the purposes set out above and in accordance with applicable laws.

 

Providing Product and Services You Request

If you choose to purchase a product or receive our services, we use the Personal Data that you provide through TGS Sites to manage your orders and invoices, to process payments, to respond to your questions, provide you the services you request and offer an optimal customer experience.

Marketing

You may also receive marketing information from TGS and related affiliates, such as offers regarding TGS related products or services, invitations to participate in surveys about our products, or notifications about special promotions. In such cases, we will use your contact and other Personal Data to send you marketing information.

Customized User Experiences

The Personal Data that you provide may be used to create customized offers, information, or services tailored to your interests and preferences. Also, we may use your IP address and the data that we obtain automatically through the use of cookies or similar tracking technologies to make our TGS Sites easier to use and navigate, as well as to personalize the content provided on TGS Sites by anticipating the information and services that may be of interest to you.

Business and Product Improvement

In order to discover new facts that could help TGS better understand customer needs and help improve, develop, and evaluate product, services, materials, and programs. TGS analyses the information that you have provided. For these purposes, TGS does not use information that can directly identify you.

Site Analytics and Improvement

We may use the information that you provide and the information we collect automatically about your use of the TGS Sites to monitor user traffic patterns and preferences for site improvement, analytics and optimization.

Legal Basis for Processing

Consistent with applicable law, TGS must have a legal basis to process your Personal Data. The legal basis that applies in an instance will depend on which of the specific purposes described above, TGS is processing your Personal Data:

  • In certain cases, and where required by applicable law, TGS may ask for your consent to collect and process your Personal Data. Should you choose to provide your consent, you may later withdraw your consent by contacting us as described in the “Privacy protection” section.  Please note that the withdrawal of consent will not affect processing which has already occurred. 
  • In other instances, the processing of your Personal Data may be necessary in order to comply with an applicable law or regulation or for the performance of a contract to which you are subject. You may not be able to opt out of this processing, or your choice to opt-out may impact our ability to perform a contractual obligation otherwise owed to you.
  • In still other instances, TGS may process your Personal Data based on TGS’s legitimate interests in communicating with you about our products and services, and about scientific research and educational opportunities.  You have the right to opt-out of all such processing of your Personal Data.  You may do so by contacting us as described in the “Privacy protection” section. 
Shared or third party information

Information about your use of TGS Sites can be shared for certain business purposes, as follows:

Third-Party advertising and online behavioural advertising

You may be provided with online advertisements of TGS products and services on third-party websites and mobile services that are tailored to you, for example, on the basis of information that you provide to TGS or a third-party website you are visiting, or of your browsing activity, purchases, or interests. These types of tailored online advertisements may come through several sources, such as the following:

  • We may share with our advertising service providers your non-identifying information that we have obtained from cookies and other tracking technologies on our TGS Sites.
  • Some TGS Sites participate in online behavioural advertising (this is also sometimes called re-target advertising or interest-based advertising). Our advertising network partners may place and use cookies on TGS Websites and on other third-party Websites to collect information about your activities in order to provide you with online advertisements that are based on your interests. When a TGS online behavioural advertisement is delivered to you, you will see an “Ad Choices” icon. Clicking on the icon or link will take you to a Website where you can manage or opt out of the use of data about your browsing history that is used for the delivery of online behavioural advertisements. If you opt out, you may still see advertisements online, including advertisements from TGS that are based on other information (e.g., based on the content of the page being viewed rather than your prior clickstream activity). In some cases, data may still be collected about your browsing activity by these third-party advertisers, but they will not use this data to deliver advertisements that are based on your past online browsing behaviour. You can also opt out now by clicking here.
  • Some Web browsers may transmit “do-not-track” signals to websites with which the browser communicates. As of the Effective Date of this Privacy Policy, an industry standard has not yet been established on how to respond to these signals. Therefore, TGS does not currently respond to these signals. As discussed above, you can opt out from advertisers that use your browsing history to deliver online behavioural advertisements by visiting adchoices.

 

Affiliates, Vendors and Suppliers

We have relationships with suppliers and affiliated companies, who help us operate our business and for whom it may be necessary to have access to your Personal Data in the course of providing services to TGS.   We require these parties to use your Personal Data in accordance with applicable law and reasonable privacy protections, and we do not share Personal Data from countries that require consent, unless consent has been obtained in advance to sharing with related affiliates. 

During the last 12 months:

  • We have shared with affiliates the following categories of Personal Data specified in the California Consumer Privacy Act (CCPA):  personal identifiers, characteristics of protected classifications, commercial information, and professional or employment-related information. 
  • We have shared Personal Data (which may be in any CCPA category) with service providers for business purposes.  

 

Co-branded Sites

We may partner with other companies to provide you with content or services on a joint or “co-branded” basis. At a co branded site, you will see both the TGS logo and the logo of the co-branding partner displayed on your screen. You should read the individual privacy policies of our co-branding partners, as they may differ in some respects from ours. Reading these policies will help you to make an informed decision about whether to provide your information to a given site.

 

Privacy Protection

You have the right to be informed about our data practices, as well as about entities with which we have shared your Personal Data and the possibility of denying consent and the consequences of such denial.  You also have the right to see and get a copy of Personal Data about you that we maintain as well as to ask us to make corrections to inaccurate or incomplete Personal Data about you.  You have the right to receive data you have provided to us in a machine-readable format and to transmit that data to another controller. Furthermore, you may also request the erasure of your Personal Data or the restriction of its processing, or object to the processing of Personal Data about you. We will comply with any other rights you may have under applicable law in addition to those listed above.

Consistent with applicable law, you also may request access to information about the categories of Personal Data we collect, the sources from which we obtain that Personal Data, why we collected it, and with whom we share it.

To seek access to Personal Data about you, exercise any other rights, to file a concern, complaint, or request for correction, or to opt-out of particular programs, please contact our Privacy Office by clicking on the “Contact Us” link on the TGS Site you are using, by using the TGS contact information on the TGS mobile application you are using, or by emailing us at privacy@tallongs.com. You may also send a letter to the following address:

Tallon Graphic Solutions NV
Privacy Protection
Blancefloerlaan 179a
BE-2050 Antwerpen
Belgium

 

Many countries have a data protection authority to ensure that data protection law is followed. For more information about your privacy rights, or if you are not able to resolve a problem directly with us and wish to make a complaint, contact your local authority.

In all communications to TGS, please include your email address, the website address, mobile application, and/or the specific TGS product to which you provided Personal Data (e.g., TGS.com), and a detailed explanation of your request. If you would like to delete, amend, or correct your Personal Data and are contacting us by email, please put “Deletion Request” or “Amendment/Correction Request” in the subject line of the email. We will respond to all reasonable requests in a timely manner, and may need to further confirm your identity in order to process certain requests.

Once we receive your request, we may need to contact you to further verify relevant details. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent.  To designate an authorized agent to exercise your rights and choices on your behalf, please provide sufficient proof of assignment of authority.

Data security & protection

TGS maintains reasonable technical, administrative and physical controls to secure any Personal Data collected through the TGS Sites. However, there is always some risk that an unauthorized third party could intercept an Internet transmission, or that someone will find a way to thwart our security systems. We urge you to exercise caution when transmitting Personal Data over the Internet, especially your financial-related information. TGS cannot guarantee that unauthorized third parties will not gain access to your Personal Data; therefore, when submitting Personal Data to TGS Sites, you must weigh both the benefits and the risks.

Third-party sites & plug-ins

This Privacy Policy does not apply to TGS Sites that do not link to this Privacy Policy, or to third-party websites to which TGS Sites may link. TGS Sites may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit TGS Sites, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited our Site or other sites or services and to receive information that you have visited our TGS Site. The social media plug-in also allows the social media website to share information about your activities on our TGS Site with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy.

 

Accessing Our Sites Globally

This site is owned and operated by TGS in Belgium, but the information you provide will be accessible to our affiliates, vendors, and suppliers in other countries in accordance with this policy. Furthermore, if you are visiting this site from a country other than the Belgium, your communication with us will necessarily result in the transfer of information across international borders. The level of legal protection for Personal Data is not the same in all countries; however, we will take the security measures described in this Privacy Policy in an effort to keep your information secure. By using this site, you understand that your Personal Data will be stored and processed in Belgium and in any country to which we may transfer your information in the course of our business operations.

TGS may transmit Personal Data about you to related affiliates worldwide.  These affiliates may in turn transmit Personal Data about you to other related affiliates.  Some affiliates may be in countries that do not ensure an adequate level of data protection.  Nevertheless, all of TGS’s related affiliates are required to treat Personal Data in a manner consistent with this policy. We only transfer your Personal Data internationally or to a third party when we are satisfied that adequate levels of protection are in place to protect the integrity and security of your Personal Data being processed, in compliance with applicable data protection laws.  Where necessary, including for transfers to affiliates, we use Standard Contractual Clauses approved by the European Union to provide such protection.  To obtain additional information regarding the safeguards we have in place for cross-border transfers of Personal Data, please contact us using the information provided in the “Privacy Protection” section. 

 

Privacy Policy Changes

We will only use Personal Data in the manner described in this Privacy Policy in effect when the information was collected from you or as authorized by you. However, and subject to any applicable consent requirements, we reserve the right to change the terms of this Privacy Policy at any time. Any changes to this Privacy Policy will be reflected on this page with a new effective date. TGS encourages you to review this Privacy Policy regularly for any changes. Any Personal Data collected upon your continued use of TGS Sites will be handled in accordance with the currently-posted Privacy Policy.