Policy
1. Definitions
“General Terms and Conditions” means the general terms and conditions of imby with scope of applicability as defined in article 2 thereof, available at https://www.imby.energy%3B/
“imby” is the limited liability company, incorporated under the laws of Belgium with registered office at ************, Belgium, and with company number *********;
“Imby cloud platform” means the cloud platform developed and managed by imby on which the Software runs and to which the License and Sub License give access;
“imby User Terms” means these user terms of imby with scope of applicability as defined in article 2 thereof;
“License” means the non-exclusive, non-transferable and sub-licensable right to use the Software, granted by imby, subject to the compliance of the General Terms and Conditions and the imby User Terms;
“Sub License” means the non-exclusive, non-transferable and non-sub-licensable right to use the Software, granted by a third party, subject to compliance of a sub-licensing agreement and the imby User Terms;
“User” means the person or entity who was granted a License or Sub License to use the Software and/or the imby cloud platform;
“Rights” means all proprietary rights, intellectual property rights and other rights, including patent rights, usage rights, the rights to exploit, commercialize and/or distribute, the right to license and/or sublicense and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever;
“Software” means the computer programs developed, distributed, commercialised and licensed by imby;
2. Applicability
2.1 These User Terms are applicable to and binding for all Users, whether they use the Software and/or imby cloud platform through a License or a Sub License. By installing, downloading, subscribing or registering for the Software and/or using the Software and/or the imby could platform, the User agrees to be bound by these imby User Terms. The User shall be responsible and indemnify imby for all damage caused to imby and/or third parties due to non-compliance with the User Terms and/or any other infringement to the Rights and/or other rights of imby or third parties.
3. Rights
3.1 The User acknowledges that all the Rights on the Software and the imby cloud platform are exclusively owned by imby. The License only grants the User the right to use (and grant usage rights to third parties on) the Software, through the imby cloud platform, under the conditions set forth in the General Terms and Conditions and subject to compliance with these imby User Terms. The Sub License only grants the User the right to use the Software, through the imby cloud platform, under the conditions set forth in a sub licensing agreement and subject to compliance with these imby User Terms.
3.2 imby retains all Rights with regard to 1) the Software, 2) the imby cloud platform, the underlying web pages, the underlying technical description, documentation, the intrinsic methods and algorithms as well as codes and 3) the content of the web pages, regardless of the manner of presentation thereof, as well as the brands, logos, domain names, trademarks, designs and models used on the imby cloud platform. The User acknowledges that he will not claim any Rights or any other rights or titles regarding the Software, the imby cloud platform and/or its content.
4. Obligations regarding the Software and the imby cloud platform
4.1 The User shall at all time:
• Use the Software and/or imby cloud platform in accordance with these User Terms,
• Take the necessary reasonable technical (security) measures to ensure the proper use of the Software and/or imby cloud platform, such as correct management of login and password and proper protection of ICT devices used for login, etc.,
• Inform imby immediately from any potential dispute and/or relevant claim on (the Rights concerning) the Software and/or the imby cloud platform, that it becomes aware of.
4.2 The User shall refrain from, directly or indirectly though third parties:
• Decompiling, disassembling, decoding, hacking, reverse engineering the Software and/or the imby cloud platform or creating a derivative work thereof,
• Inflicting damage to imby, imby’s Rights regarding the Software and/or the imby cloud platform, the Software and/or the imby cloud platform, amongst others by taking undue advantage of (a bug) in the Software or the imby cloud platform, by disrupting, hacking or otherwise corrupting the security techniques or authentication measures in place, placing user induced network malfunction, IT-virus, ransomware, cancelbots or other computer programming routines or engines with the intention of disrupting or otherwise affecting the Software, the imby cloud platform, its functionality and/or availability,
• Distributing, selling, renting, or leasing the Software and/or imby cloud platform and transferring the use of and/or the access to the Software and/or the imby cloud platform to third parties, unless permitted under the License,
• Removing any proprietary notices contained in the Software and/or the imby cloud platform,
• Using the Software and/or the imby cloud platform for (i) sending spam, such as sending unwanted and/or unsolicited e-mail or contact requests in large numbers, (ii) engaging in any unlawful act, including in any case the activities that exploit, harm or threaten to harm children, (iii) displaying or sharing inappropriate content or other materials (such as nudity, bestiality, pornography, offensive language, extreme violence or criminal activity) and, (iv) distributing, displaying and/or storing content, material or data that is contrary to public order.
5. Non-compliance
5.1 The User acknowledges that imby may suspend the access to the Software and/or imby cloud platform in case the User does not fully and/or timely comply with these User Terms, without detriment to imby’s right to terminate the agreement with the User and/or the granted License due to consistent and/or serious incompliance with these User Terms and/or other contractual arrangements.
1. General Information
1.1 Introduction
This Privacy Statement applies to the processing of your personal data when you access or use the website https://www.imby.energy/ hereinafter referred to as ‘the website’ or our ‘online services’. Protecting customers, visitors and users’ data and using it only in the way our customers/visitors/users expect from us is our highest priority. Thus, the following policy is designed to inform you about the processing of your personal data and your rights regarding this processing according to the General Data Protection Regulation (‘GDPR’) and other data protection laws.
1.2 Controller
The website is made available by imby NV, with registered office at ******************** and known under the company number BE **********. imby is the controller according to GDPR and therefore responsible for the data processing explained herein.
1.3 Contact
You can contact us via the contact form on the website.
This privacy statement should be read together with our Cookie Statement which also applies to the use of the website.
2. What personal data do we collect?
2.1 Personal data that you communicate to us via contact form
You can use the contact form on our website https://www.imby.energy to contact us for any request. For requests via the contact form, the personal data that you filled out into the form will only be processed for answering your request. Filling in and submitting the form constitutes an affirmative action by which you have given your consent to the data processing.
When you fill in the contact form on the website, the following personal data are collected by us:
your name;
your e-mail address;
your phone number.
The subject and message entered by you in the contact form are not considered personal data by us unless these fields contain information about an identified or identifiable natural person.
As long as the above-mentioned non-personal data is associated with personal data, it will be treated by us as personal data.
2.2 Personal data that you communicate to us via news & papers form
You can use the form on our website https://www.imby.energy to contact us. The personal data that you filled out into the form will only be processed to generate and distribute marketing materials through multiple communication channels. Filling in and submitting the form constitutes an affirmative action by which you have given your consent to the data processing.
When you fill in the news & papers form on the website, the following personal data are collected by us:
your name;
your e-mail address;
your phone number.
2.3 Personal data collected automatically
Your visit to our website and/or use of our online services will be logged. The IP address currently used by your device, date and time, the browser type and operating system of your device, the pages accessed, the buttons that have been clicked, preferred language and Mouseflow may be recorded. This data is collected for the purposes of optimizing and improving our website as well as our online services. The processing is legally based on legitimate interest as it is in our legitimate interest to protect our website and to improve the quality of our services. Additionally, your personal data is only stored if you provide it to us on your own account, e.g. as part of a registration, a survey, an online application or for online purchase (performance of a contract). We have taken appropriate measures to ensure that the data provided to us during the registration is adequately protected.
The website works with cookies that can collect personal data notably Google Analytics and Google Tag Manager. For more information about the aforementioned cookies, please refer to our cookie statement. Cookie statement and cookie settings you will find by clicking black Cookiebot icon in left bottom corner on this website.
Google Analytics is a web analysis service provided by Google Inc. User data including your IP address, your geographical location, your browser type, the duration of your visit, the pages you visit and the duration per page, patterns regarding the frequency and times of your visit, etc. are automatically collected by Google Inc. during your visit.
Google Tag Manager is a tag management system offered by Google Inc. just like Google Analytics. Tags, being small website code snippets, are placed on the website which also collect user data as listed above.
Mouseflow is a website analytics tool provided by the company Mouseflow ApS registered in Denmark, Europe. Mouseflow is compliant with both Economic European Area and United Kingdom GDPR (General Data Protection Regulation). Mouseflow does the best to keep customers and website visitors safe by aligning with the current privacy legislations around the globe. Mouseflow automatically masks IP addresses and does not track ISP’s or keystrokes (non-PII (Personally identifiable information) fields can be whitelisted).
Other than the above, imby does not use any automatic tools to collect personal data.
2.4 Personal data communicated by third parties
Insofar as personal data are communicated to imby by third parties, imby ensures that these third parties have obtained permission to communicate these personal data.
3. Why do we collect your personal data and what do we do with them?
3.1 Personal data you share with us
The processing of your personal data listed in Sections 2.1 & 2.2 of this Privacy Statement we use to contact you in a targeted manner and so that we can respond to you on an individual basis (if data provided via contact form) or to send you marketing materials or other news (for data received via news & papers form).
3.2 Personal data collected automatically
The collection of your data mentioned under 2.3 of this privacy statement is intended to increase your ease of use of our website and online products.
The personal data automatically collected through Google Analytics are stored by Google on servers in the United States and are processed by them. We refer to Google’s privacy statement for this purpose. Google may communicate this collected data to third parties if Google is legally required to do so or insofar as these third parties process the information on behalf of Google. We use the data processed by Google, after it has been anonymized and compiled into statistics, to analyze the use and efficiency of the website and to examine the effect of online advertising and social channels, in order to optimize our service to you and to further increase the ease of use of the website.
3.3 Communication to third parties and direct marketing
We do not communicate your personal data to third parties with the exception of the data communicated to possible technical service providers of imby to enable the delivery of the services offered on the website. We will always ensure that these service providers to whom we provide your data will handle your personal data in the same correct and responsible way as imby.
Your personal data will in no way be used by imby for direct marketing purposes unless there is explicit consent from your side.
4. Duration of the retention of your personal data
When your e-mail via the contact form merely contains a request for information, this e-mail will be answered by imby from its mailbox and then kept in the inbox for a maximum period of ten years, after which it will be deleted.
When you enter into a cooperation with us, your personal data will be entered into the software package of imby, where they will be kept for as long as necessary to carry out our cooperation. Your personal data will be removed from the software system five years after the termination of the collaboration with imby.
5. Security of your personal data
imby, takes all reasonable technological and practical measures to protect your obtained personal data against loss, misuse, falsification, unauthorized access or processing.
6. Your rights regarding your personal data
You are responsible for the accuracy of the personal data you provide to imby.
You have the right to consult, at any time and free of charge, the personal data concerning you that we have in our possession, as well as the right to correct or amend them. You have the right to obtain your personal data in a structured, common and machine-readable form. You may also request that the data be transferred to another controller.
You have the right to object to the processing of your personal data, to restrict the processing of your personal data or to request that we erase your personal data at any time. You should be aware that imby may then no longer be able to guarantee certain services.
Moreover, in case of a request to delete your personal data, imby has the right to keep certain personal data if this is necessary for the performance of its contractual obligations towards you in the meantime or to comply with legal obligations.
You always have the right to withdraw a previously given permission to process personal data.
Finally, you have the right not to be subject to decisions based solely on automated processing that produce legal effects concerning you or significantly affect you.
To exercise all your rights, write to imby.
If you have a complaint, you may also contact the competent supervisory authority, i.e. the Data Protection Authority, with its address at Drukpersstraat 35, 1000 Brussels, at telephone number +32 2 274 48 00 or by e-mail contact@apd-gba.be.
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