Requirements and Scope

Requirements for using ALIS :

  • You have access to a computer with internet and a modern browser.
    Google Chrome, Firefox, Microsoft Chromium Edge, etc.
  • Your network allows for Websockets (ie: wss://YOURIATA.adbsg-alis.com:443)
  • You have airfield asset data available, including the:
    • Asset name
    • 
Asset type
    • Asset function/Maintenance (sub-)area
    • 
Georeference in UTM or Lat/Long ( Optional for ALIS basic )
  • You agree with our Terms & Conditions and Privacy & Security

 Not included in the trial and subscriptions (unless offered separately) are:

  • Survey or manipulation of drawings and or asset data not suited for import in ALIS.
  • Any hardware necessary to make use of the ALIS basic or add-on’s in the trial period or later.
  • Configuration of API interfacing to other custom cloud solutions using Rest API`

Good to know

  • ALIS instances can only be provided to airport employees/departments or with direct partners of them on request of the airport itself.
  • No purchasing obligations or hidden costs will be generated by creating or using the ALIS basic version and the add-on subscriptions within their trial period. After the trial period the instance can be reverted to the ALIS basic version which is free of charge if no add-on features are purchased.
  • Hardware, survey, configuration and/or  setup assistance can be purchased through ADB SAFEGATE by use of a quote request through the ALIS website – alis.adbsg.com
  • Some premium add-ons can require the use of specific hardware in order to be used – which can be purchased from ADB SAFEGATE or purchased and used by the airport itself.
  • We will notify the airport ALIS requester or earlier purchaser of subscription renewals 2 weeks in advance.
  • Purchased subscriptions will not be reimbursed and can be stopped on the e-commerce platform or by informing your Sales representative 3 weeks in advance of the next renewal.
  • A subscription is valid for 1 airport  – if you want to combine multiple airports in one instance, please pick up contact with your local sales person. 

 

 

Updated 27th of April 2022

Services

The following General Terms and Conditions govern how you may access and use the Services. These General Terms and Conditions are a binding contract between you, as an individual or entity, (the “User”) and ADB Safegate Germany GmbH, Konrad-Zuse-Ring 6, D – 68163 Mannheim – Germany, DE 813 235597 (herein after referred to as “Supplier”).

By accessing or using the SERVICES the User agrees that a) THE USER HAS read, understood, and b) the User agrees to be bound by these General Terms and Conditions. If the User useS the SERVICES on behalf of a company or ANother legal entity, then the User represents that the User has the authority to bind such company or other legal entity to these General Terms and Conditions. If the User doES not have such authority or if the User doES not agree with these General Terms and Conditions, the User must not access the SERVICES AND IS PROHIBITED FROM USING THEM.

 

  1. Definitions

Add-On means any Services that are not included in the standard Subscription but enhance or extent the scope of Services and can be purchased by User at Supplier’s Website subject to the payment of additional Fees. All Add-Ons are listed at https://ALIS.adbsg.com.

ALIS means an asset management software comprised of a) web app; b) native iOS mobile app c) API integration, including any related software, source and object code, deliverables, technology and related resources and relevant Documentation provided and/or created, made available or developed by Supplier to User in connection with this Agreement.

Agreement means these General Terms and Conditions, the terms of the Subscription as amended or extended from time to time and schedules, appendixes and related information and documentations provided by Supplier to the User on Supplier’s website or otherwise in writing in relation to the Services as well as purchase orders as agreed by the Parties.

Affiliate means with respect to any Party, any other person directly or indirectly controlling, controlled by or under common control with such relevant Party. For the purposes of this definition, the term “control” as applied to any Party, means the possession, directly or indirectly, of power, factual or by law, to exercise a decisive influence on the designation of the majority of the directors of a company, or on its management or policy through ownership, voting share, by contract, or otherwise. Notably, there is legal control when it results from the possession of the majority of the voting rights linked to the shares of the controlled company.

Applicable Laws means all applicable federal, regional and local laws, case law, international laws, regulatory constraints and any rule, judgment, court order, instructions or measures of a public or administrative authority, judicial authority or governmental approvals including, but not limited to, anti-corruption laws, anti-terrorism and money laundering laws, import and export control laws, economic sanction and anti-boycotting laws, data privacy laws, safety and security laws, staff and labor laws.

Confidential Information means any written, oral or visual information of a non-public, confidential or proprietary nature, disclosed by the disclosing Party to the receiving Party whether of commercial, financial or technical nature, customer-, supplier-, product- or production-related or otherwise, including, but not limited to, information relating to the Services, all commercial, scientific and technical matters, inventions and trade secrets, Intellectual Property Rights and any patentable technical or other information which is not in the public domain including information comprising or relating to concepts, discoveries, data, designs, formulas, ideas, reports and data analyses, patent applications, process designs, process models, materials and ideas.

Customer Contract means any contract in place prior or after this Agreement between the Supplier and User for products and services that do not concern the Services or are complementary to this Agreement.

Documentation means any user guides, knowledge bases and self-help tools, or other technical online help files or written instruction manuals and other standard end user written materials and online resources, regarding the Services that may be provided by Supplier from time to time at https://support.adbsg-ALIS.com or as included with the Software.

Intellectual Property Rights means any and all existing and future, registered or unregistered, intellectual property and proprietary rights, including but not limited to moral rights, works of authorship, copyrights, patents, utility models, all rights of whatsoever nature in computer software and data, database rights, digital data, trade and service marks, trade names, service and product names, trade secrets,  rights in logos and get-up, inventions and discoveries, Confidential Information, model & design rights, as well as know-how and trade secret rights, records, documents, papers and all intangible rights, privileges, any other works and applications and all forms of protection of a similar nature or allied to any of the foregoing, in every case in any part of the world, and including all granted registrations and all applications for registration, all renewals, reversions or extensions, the right to sue for damages for past infringement and all forms of protection of a similar nature which may subsist anywhere in the world. Intellectual Property Rights shall contain any enhancements, customization, modifications, derivative work and new inventions, developments, improvements or updates and upgrades thereof, of any kind.

Fees means all payable mounts for the Services provided by Supplier in connection with the Agreement which shall be paid in accordance with its terms and conditions.

Hardware means all Supplier or Third Party branded equipment that is needed for the use of the Software under the Agreement and/or can be bought by the User from Supplier using the Software or otherwise from Third Parties.  

Party means the Supplier or the User.

Parties means the Supplier and the User jointly together.

Payment Provider means a third-party payment platform made available to User. Currently, Supplier is using Chargebee Inc. as a third-party service provider for Payment Services via https://www.chargebee.com.

Payment Services means the internet-based payment processing services provided by the Payment Provider, acting as a payment facilitator and/or escrow agent for the collection and payment of the Fees under this Agreement.

Services shall mean any service offering agreed by the Parties pursuant to this Agreement as provided by Supplier to the User, including but not limited to, the Software, Documentation, associated media and material, consulting and integration services, professional services, maintenance services and related deliverables, excluding any Hardware.

Software shall mean, programs, platforms, routines, application programming interfaces, websites, symbolic languages and other operating information in the form of object or source code that control the functioning of hardware or other software and direct its operation including any Updates as provided by Supplier to the User under the Agreement, including but not limited to “ALIS” and its related website https://ALIS.adbsg.com, integrated e-commerce platform, Add-Ons, instances, tools, related documentation and management console and any updates there to at Supplier’s. Website.

Subscription means a term-based sign up and/or purchase of the Services for a specific period of time subject to the terms and conditions of the Agreement, either as a paid Service or on a trial basis free of charge which includes a specific Software instance with predefined features and functionalities. All Subscription can be found at Supplier’s Website, in particular at https://ALIS.adbsg.com.

Supplier’s Website means https://adbsafegate.com, https://alis.adbsg.com where ALIS is made available for access and use, including all subdomains and related ALIS domains.

Taxes means any value-added tax (VAT), sales tax, income tax, consumption tax or any other similar applicable tax, duty, fee, levy or other governmental charge, customs duties and other levies.

Term means the period of Subscription starting at the time when entering into this Agreement and continuing for the duration as agreed by the Parties in according with its terms and as specified by Supplier on its website for the respective Subscription.

Third Party means any natural person or legal entity who are a) not the Supplier or the User and their Affiliates, and b) who are not part or subject to the transactions and terms and conditions under the Agreement.

Third Party Services means Third Party Software and related or other services of the Third Party that are required for the performance of Supplier under this Agreement.  

Third Party Software means any open-source software or commercial Software of Third Parties used for the provision of Services under the Agreement which however is not branded or owned by Supplier and subject to the third party Software terms and conditions as provided with the Third Party Software that apply directly to the User.

Updates means all updates, modifications and releases of new versions of Software containing improvements, corrections, minor modifications, bug fixes, patches, or the like that have been publicly announced by the Supplier on its website to the User.

Webshop means the e-commerce platform implemented and provided by Supplier on Supplier’s Website for the provision of Services under the Agreement where paid Subscriptions, Add-Ons and Hardware, to the extent it is made available, can be purchased by User using the Payment Services in accordance with this Agreement.

 

  1. Services

 

  • SOFTWARE AND LICENSE

The Software is licensed, not sold. The Supplier grants to the User for the Term of this Agreement, and the User accepts from the Supplier, subject to the terms of this Agreement and respective Subscription purchased by the User, the non-exclusive and non-assignable right to install, access and use the Services for the User’s own internal business purpose including its Affiliates and its employees, agents and subcontractors on the User’s behalf in accordance with its Documentation, whereby the use of the Services is not restricted by the amount of devices and users (“License”). For the avoidance of doubt, customers or end users of the User are excluded from such use, unless otherwise authorized or agreed by Supplier in writing. You may not use the Services for any other purpose. Any other use requires the prior written consent of the Supplier. Under no circumstances shall the User be entitled to use anything but the specific version of the Software that Supplier provides to you at the time you enter into this Agreement.

The License includes the right to (a) to make a reasonable number of copies of the Software solely for archival and backup purposes; and (b) store or install a copy of the Software on a one or more devices such as a network server, computer, notebook. You must reproduce on all copies of the Software all copyright notices and other proprietary legends on the original copy of the Software.

The user agrees that it will not: (a) copy, rent, lease, sell, transfer distribute, disclose any part of the Software and Service to Third Parties, unless otherwise explicitly agreed by the Supplier; (b) use the Software and Service for any illegal purpose or in violation of any law, regulation or contractual obligation; (c) bypass user authentication or try to gain unauthorized access to the Software and Service; (d) share passwords or authentication credentials for the Software and Service with another person or legal entity, unless otherwise agreed; (e) transmit viruses, worms or other software agents through the Software and Service; (f) use the Software and Service in a such a way that it impacts the stability of Supplier’s servers or the operation or performance of the Software and Service.

Unless agreed by Parties in writing or if the enforcement of this provision is expressly prohibited by Applicable Law, the User shall not under any circumstances attempt, or knowingly cause or permit others to attempt to modify, adapt, port, merge, decompile, disassemble, reverse engineer, decipher, decrypt or otherwise discover the source code or any other parts of the mechanisms and algorithms used by Software nor remove restrictions or create derivative works of Software or of any part of it. The User may not alter, modify, adapt, port or merge Software or any part thereof.

 

  • Add Ons or Packages

Supplier will provide its Services with different types of Add-Ons or other bundled packages that may be ordered by the User in accordance with its need which shall be subject to the terms and conditions of the Agreement.  

 

  • DocumentationS

The Supplier shall make available to the User general Documentation regarding its Services, its descriptions, the features, and compatibility of the Software including user manuals and operational instructions for the Services on its website. The User may not use the Services for any purpose, function or feature not described in the Documentation.

 

  • Support Services

During the Term of a Subscription, Supplier will provide support services and maintenance to the User in accordance with the then-current support terms and conditions, as furthered detailed on Supplier’s Website, in particular on , subject to the payment of the applicable Fees, if any.

 

The User will be entitled to any general released updates for the Software, as well as access any online user guides, knowledge bases and self-help tools, or other technical support resources (collectively, “Technical Support”) offered by Supplier from time to time. The Technical Support may be modified by the Supplier.

 

Notwithstanding the foregoing, the Supplier has no obligation under this Agreement to provide any maintenance, integration support, support or training to User. Such services may be purchased by User separately and subject to additional service Fees.

 

  1. Hardware
    • Certain Services under the Agreement require the use of specific Hardware which are defined in the Documentation and recommended by Supplier. The User may purchase the respective Hardware either a) through the Supplier’s regional sales offices to the extent the Hardware has been made available by Supplier, or b) from Third Parties.
    • The purchase by User form Supplier and/or the use of such Hardware will be subject to separate terms and conditions as provided on Supplier’s Website at https://adbsafegate.com/about/corporate/terms-conditions called “ADB Safegate Terms & Conditions of Sales”. In such a case, Supplier provides warranty to the same extent the third-party Hardware supplier provide warranty to Supplier.
    • In case User uses Hardware that is not recommended by and/or purchased from Supplier, Supplier does not make any representations regarding the interoperability and good working conditions of such Hardware with the Services.

 

  1. Fees, Payment and Invoices

 

  • Fees

Subject to the chosen Subscription, the User shall pay to the Supplier all payable Fees as defined on Supplier’s Website on https://alis.adbsg.com for the respective Services.

 

During the Term of this Agreement, Supplier may amend the Fees from time to time upon prior written notice to the User. Any changes in Fees will become effective in the billing cycle following the notice of the change to the User in accordance with the Agreement. In case of an increase of the Fees by more than thirty (30) percent, the User may terminate this Agreement with the effective date of such change.

 

All License Fees paid for the usage of the Services are non-refundable except as otherwise provided in this Agreement.

A change of the Fees by Supplier will entitle the User to terminate the Agreement with immediate effect upon one month prior written notice without any liability for Supplier.

 

  • Subscriptions and ADD-Ons

Supplier provides its Services in form of Subscriptions which the User purchases either at a) Webshop at Supplier’s Website, or b) b/ through a purchase order with the Supplier’s regional sales channels referencing the Supplier’s Website. User has the possibility to upgrade its Subscription to a higher tier at any time resulting in Subscription with more functionalities, features and enhanced modules that are not included in Subscription of a lower tier. User has also the possibility to purchase Add-On as an accessory to its current Subscription. Each Subscription or Add-On is subject to an additional Fee and will be payable in accordance with the Agreement. A purchase of a Subscription or Add-On is a separate commercial transaction and subject to additional invoicing.

 

  • Taxes

All such Fees are VAT exclusive. Each Party shall comply with its obligations under applicable tax laws. The User may provide Supplier with a valid tax exemption certificate authorized by the appropriate taxing authority. Any applicable Taxes will appear as separate items on the invoice. If mandatory Applicable Law requires the User to withhold any Taxes on payments under this Agreement, the gross amount of the payable Fees by the User shall be adjusted upwards with the amount of the withholding Taxes. The User shall notify Supplier in writing and in advance of any withholding tax.

 

  • Payment Term

Depending on the type of Subscription and the choice of User, invoices are paid upfront for the following payment period either on a monthly or yearly basis. The invoices will be electronically sent to the User’s’ billing email address. Alternatively, Parties may agree to send the invoices per mail. Invoices will be sent to the billing address as provided by User. Unless agreed otherwise as stipulated on Supplier’s Website for the respective Subscription or as maybe agreed with the regional sales office of Supplier, issued invoices must be paid and disputed within thirty (30) days from receipt and deemed to be accepted thereafter.

 

  • Late Payment

Notwithstanding the foregoing, in case of a (partial) late payment of an invoice and additional prior written ten (10) days reminder and warning notice by Supplier:

  1. a) Any overdue invoiced amount shall be subject to an interest of one percent per month or the maximum permissible rate under Applicable Laws, whichever is the highest and extra-legal recovery expenses and legal costs caused by the late payment;
  2. b) any other invoiced amount to the User shall become immediately due without prior notice by Supplier;
  3. c) the Supplier may immediately suspend the Service without prior notice until full payment of all amounts due.

 

  • Invoices

The invoices will be sent electronically to the User. The User will provide Supplier with valid payment information and promptly notify us of any changes.

 

  1. Payment Provider

 

  • Chargebee Account means an online payment profile created and registered with the Payment Provider for and on behalf of the User in order for Supplier to provide the Payment Services.
  • All payments due under this Agreement will be executed by using a Payment Provider. Supplier assists in processing payment of the Fees by using a Payment Provider for payments under this Agreement. For such purpose, the Software may contain links to third-party websites, terms and conditions, resources which may be subject to different terms and conditions and privacy practices. Such links are not an endorsement by Supplier of such Payment Services.
  • By registering for the use of the Services, the User agrees (a) that Supplier and Payment Provider are independent entities and do not have any partnership, agency, or employment relationship; and (b) that the Payment Services are subject to all applicable terms and conditions of the Payment Provider as published on its website, including but not limited to, the Terms of Services under https://www.chargebee.com/company/terms/ and the Chargebee’s privacy policy which are located at https://www.chargebee.com/privacy/, whereby such terms and conditions apply between the User and the Payment Provider directly.
  • Additionally, the User is also solely responsible to the Payment Provider for all transactions and charges, disputes, refunds, claims, fines, or use of the Payment Services and any penalties or fines imposed by any bank, money services business, payment network, or other financial intermediary resulting from the User’s use of Payment Services in a manner not permitted by this Agreement and the terms and conditions of the Payment provider.
  • By registering for the use of the Services, the User consents and authorizes Supplier and the Payment Provider to: (a) share and disclose with one another any information, payment details and payments instructions that the User provides for the use of its Services for the purpose of the Payment Services; (b) connect the User’s account with the Payment Provider’s Chargebee Account or any other account created by or for the User and, to the extent required to complete the User’s transactions, with any third party service provider for the purpose of the Payment Services.
  • Additionally for the purpose of the Payment Services, by registering for the use of the Services, the User authorizes, and agrees to allow Supplier and the Payment Provider to collect, use, retain, and disclose any information that the User provides to Supplier or the Service Provider, including information that Supplier or the Payment Provider may collect directly using cookies or other similar means.
  • the User acknowledges that it is solely responsible for any information or data provided by the User directly to Supplier or the Payment Provider or as part of the standard onboarding process for the use of the Services or otherwise for the purpose of the Payment Services. Supplier is not responsible or liable for the availability or accuracy of such Payment Services, or the content, products, or services available from such Payment Provider, or any fraud or other crime facilitated thereby.
  • In no event shall Supplier be liable to the User for any actions, claims, demands, losses, liabilities, damages, recoveries, settlements and/or costs (including attorney, accountant, and expert witness fees and costs), known or unknown, contingent or otherwise of any kind whatsoever, arising out or relating to their respective use of, or in ability to use, the Payment Services, regardless of the legal theory under which such losses are sought.
  • Supplier takes no responsibility and assumes no liability for any action, inaction, omission or negligence of the Payment Provider in connection with the Payment Services.
  • Due to the nature of the internet, user verification on the internet is difficult. Supplier does not assume any responsibility for the confirmation of User’s identity, qualification and/or experience. Notwithstanding the above, for transparency and fraud prevention purposes to the extent as permitted by Applicable Laws, Supplier may request the User to provide proof of its identity or obtain information about the User from third party databases in the User’s jurisdiction.
  • By providing the credit card details, the User is authorizing Payment Provider, to send instructions to the User’s bank and/or credit card provider to debit or credit the User’s bank account in accordance with those instructions.
  • the User may provide such payment details for all current and future payments either during the registration process for the use of the Services or at any time later when using the account. In this case, the User acknowledges that all amounts due under this Agreement will be deducted automatically from its credit card and/or bank account without any further action and separate authorization of the User, unless otherwise agreed upon between the Parties.
  • For the avoidance of doubt, the User’s payment details are provided directly to the Payment Provider and will be linked to the User’s Chargebee Account. At no time will such payment details be saved, stored or used otherwise by Supplier.

 

  1. Payment Details
    • The User shall pay by credit card, or as otherwise agreed by the Parties in writing. Supplier advises to use credit card payment for all current and future payments under this Agreement in order to guarantee an uninterrupted use of the Services.
    • By providing the credit card details or IBAN account number or any other payment details, User is authorizing Payment Provider, to send instructions to User’s bank and/or credit card provider to debit or credit User’s bank account in accordance with those instructions.
    • The User shall provide such payment details for all current and future payments either during the first registration process for the use of the Services or at any time later when using the account, but at the latest upon notification by Supplier when the usage of the Services becomes chargeable under this Agreement.
    • In this case, User acknowledges that all amounts due under this Agreement will be deducted automatically from its credit card and/or bank account in accordance with the Supplier’s payment terms without any further action and separate authorization of User, unless otherwise agreed upon between the Parties.
    • In case User decided not to provide its payment details for all current and future payments due under this Agreement, Supplier will provide an email with a payment request by credit card each month when a payment is due under this Agreement. User shall execute each credit card payment within seven (7) days after receipt of Supplier’s payment request.
    • For the avoidance of doubt, User’s payment details are provided directly to the Payment Provider via the Services and will be linked to User’s Chargebee Account. At no time will such payment details be saved, stored with the Services itself or used otherwise by Supplier.

 

  1. Third Party Services

Supplier may use and offer to the User the provision of Third Party Services in connection with the Agreement, which may include Third Party Software in connection or combination with the Services under this Agreement. However, the use of Third-Party Services is governed solely by the terms and conditions of the Third-Party provider, including any opens source software terms, which apply directly to the User and prevail over this Agreement. The User acknowledges that its breach of such terms and conditions shall also be deemed a breach of this Agreement.

 

Supplier assumes no responsibility for the Third-Party Services and any disclosure, modification or deletion of data by the Third-Party and Supplier shall have no liability for, and the User is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation due to any unavailability of the Third-Party Services or any change in the ability of Supplier to interoperate with the Third-Party Services.

 

Supplier shall maintain and provide a list with Third Party Software that may be provided in connection with the Services. Supplier does not intentionally provide the Software with any open-source software that is known to be illegal or prohibited. For the avoidance of doubt, Supplier is not a subsupplier of any Third Party Software to the User which is licensed directly to you.

 

The Documentation or Supplier’s Website may include hyperlinks to other Third Party web sites, content or resources. Supplier has no control over any of these websites, their availability or any content or resources which are not provided by Supplier. Supplier does not endorse or make any representations about external websites or any material found there or any results that may be obtained from using them. User accesses any Third Party websites entirely at its own risk. Supplier is also not responsible for the availability of any external websites including any Third Party application, content or resources, and does not endorse any advertising, products or other materials on or available from such web sites, content or resources and that Supplier is not liable for any loss or damage which may be incurred by User as a result of the availability of those external sites, content or resources, or as a result of any reliance placed by User on the completeness, accuracy or existence of any advertising, products, information or other materials on, or available from, such websites, content or resources.

 

User agrees that from time to time, User’s access and use of certain Third Party Services which form part of the Services, may result in those Third Party Services gaining access to certain parts of User’s account information as provided by User for the provision of Services under the Agreement.

 

  1. Account Information

User must use a username and password for accessing the Software as well as provide accurate contact and other information, such as email address, telephone number and name, credit card or other payment details (together “Account Information”). User is strictly prohibited from: (i) using false Account Information, , (ii) using such information owned or controlled by another person with the intent to impersonate that person, or (iii) providing such information subject to any rights of a person other than User without appropriate authorization. Supplier reserves the right to refuse registration or cancel any account that it reasonably believes is in violation of the foregoing. User shall be responsible for maintaining the confidentiality of its password and is liable for all activities that occur on its account. User agrees to immediately notify the Supplier of any unauthorized use of User’s Account Information or other breach of security. To the extent required under this Agreement, User authorizes Supplier to save and use such Account Information as provided by User with the Software.

 

  1. Submissions
    • The User is responsible for the information, images, data, messages, comments, and other content or material that the User submits, uploads, stores, posts or otherwise makes available through the use of the Services (each a “Submission”).
    • The User may not upload, post or otherwise make available any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a Third-party, and the burden of determining whether any material is protected by any such right is on the User.
    • The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that the User makes. The User has full responsibility for each Submission, including its legality, reliability and appropriateness. Supplier takes no responsibility and assumes no liability for any content that the User makes available when making a Submission. The User is solely responsible for the content of the Submission it makes available on the Service.
    • The User agrees that any Submission provided by the User in connection with the Services is provided on a non-proprietary and non-confidential basis.
    • The User hereby grants to Supplier a non-exclusive, royalty-free, unlimited, perpetual right to use, reproduce, process, adapt, modify, prepare derivative works, transmit and distribute internal only each of your Submissions, or any portion thereof for the purpose of assisting the User in the use of the Services and collaboration with the Supplier, and for the purpose of providing the Services to the User in order to conform and adapt them to any requirements or limitations of any networks, devices, services or media.
    • You agree not to include personally identifiable information in any of your Submissions. Supplier is not responsible for a failure to store any information that were subject to a Submission.

 

  1. Warranty
    • Each Party warrants and represents to have the legal right and authority to enter into and perform its obligations under the Agreement and to perform its obligation under the Agreement in accordance with all Applicable Laws and the terms and conditions of the Agreement.
    • Software: Unless otherwise defined in writing, during the Term of the Agreement the Supplier warrants that the Software shall be provided without material defects and works in accordance with the requirements provided by the Supplier to the User in accordance with its Documentation. The Supplier does not provide any warranty as to quality, suitability, features, compatibility of the Software other than as mentioned in such general Documentation. Supplier represents that it does not intentionally provide the Software with any open source software that is known to be illegal or prohibited.
    • Services: Unless otherwise defined in writing, during the Term of the Agreement the Supplier warrants that it provides its Service with reasonable care and skill, in a loyal, diligent and professional manner, in good faith and in accordance with the applicable Service descriptions. Used and rendered Services which are not disputed or rejected in writing by the User within ten (10) business day after the Services have been delivered, shall be considered to have been fully accepted. Unless otherwise agreed by the Parties, after acceptance Supplier shall no longer be held liable for any deficiencies or lack of conformity.
    • In the event of a warranty claim, the sole recourse consists of a repair, modify or a replacement of relevant Software elements or libraries and/or the re-performance of the applicable Services. In case, the warranty claim cannot be rectified by Supplier within reasonable time, the User may terminate the applicable Services and Supplier shall proportionally refund the User for the period the Services could not be used by the User, provided the User has promptly informed Supplier of such non-compliance with this warranty.
    • THESE WARRANTIES ARE COMPANY’S EXCLUSIVE WARRANTIES AND SHALL REPLACE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. SUPPLIER DOES NOT WARRANT THE CORRECTION OF ALL DEFECTS AND DOES NOT PROVIDE ANY WARRANTY REGARDING THE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE SOFTWARE. THIS AGREEMENT DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY OR LIABILITY AS TO ANY THIRD-PARTY SOFTWARE. EXCEPT FOR THE EXPRESS WARRANTIES UNDER THIS PROVISION, SUPPLIER MAKES NO FURTHER REPRESENTATION OR OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE SERVICES, THE SOFTWARE, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR INTENTED PURPOSE OR EXPECTED RESULT, NON- INFRINGEMENT OR ITS ACCURACY, QUALITY OR PERFORMANCE AND LOSS OR DESTRUCTION OF DATA. PURCHASER EXPRESSLY AGREES THAT ANY DOWNLOAD AND USE OF THE SOFTWARE ON A DEVICE IS AT ITS ONW RISK WITHOUT ANY WARRANTY OR LIABILITY OF SUPPLIER.

 

  1. Intellectual Property
    • Nothing contained within the Agreement constitutes a transfer of any Intellectual Property Rights from one Party to the other Party and each Party acknowledges that no right, entitlement, or interest in the Intellectual Property Rights of a Party is extended to or conveyed to the other Party, except as expressly stated in the Agreement. Neither Party shall have the right to contest, claim or will undertake or try to obtain, register or apply for any Intellectual Property Rights or other rights, names, or designations owned by the other Party anywhere in the world. Neither Party shall do anything that might exhaust, misrepresent, change or otherwise compromise the ownership or Intellectual Proprietary Rights of the other Party or its suppliers under this Agreement.
    • Supplier and its Suppliers exclusively own all rights, title and interests in all worldwide Intellectual Property Rights generated or provided with respect to the Services including its results under the Agreement, either specific to the User, the User’s customers or in general in connection with the Agreement or arising out of the business relationship between the Parties, either during, before or after the termination of the Agreement, including any modifications, suggestions, enhancement feedbacks or recommendations provided by the User which shall at all times solely remain or be automatically transferred to Supplier through assignment, entitlement or otherwise for Supplier’s use. For this purpose, Supplier shall also have the right to file and prosecute at its own expenses any patent application on the same above, in any country, region or jurisdiction in the world in its own name or on behalf of the User, as the case may be. All rights not expressly granted to the User in these General Terms and Conditions are reserved by Supplier.
    • You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software.
    • By submitting suggestions for enhancements or other feedback regarding the Services to Supplier, User agrees that Supplier may at its discretion utilize or share such feedback for any purpose without compensation to User.

 

  1. Limitation of Liability
    • Under no circumstance shall the Supplier be liable to the User or any Third Party to the extent the claims, non-performance, damages, liability, or errors a) are due to an improper use, act, omission or failure of the User or a breach of the other the User’s obligations under the Agreement; or b) were caused through circumstances not attributable to Supplier.
    • In all other cases, the Parties total aggregate liability to the other Party or to any third-party, whether in contract (including under any indemnity or warranty), in tort (including negligence) under a warranty, under statute or otherwise, under or in connection with the Agreement shall be limited to the Fees paid by the User in the 12 months preceding the incident giving rise to the liability.
    • Notwithstanding any other provision of the Agreement, neither Party shall be liable vis-à-vis the other Party or to any Third Party, whether in contract, in tort (including negligence), under a warranty or indemnity, under statute or otherwise, under or in connection with the Agreement for any indirect, punitive, incidental or consequential damages, lost revenue, lost profit, interruption of use or business, lost or corrupted data, costs of procurement for substitution of products or services, third-party software and claims, provided information, wasted management time, loss of use of computer systems and related equipment, computer failure and malfunctions, downtime costs, however caused, arising out of the Agreement or the termination thereof even if a) the Party has been advised of the possibility of such damages; or b) the damages were foreseeable.
    • The provisions of this Clause (“Limitation of Liability”) shall not apply to the extent restricted or prevented by mandatory Applicable Law that cannot be amended or excluded by contractual waiver, such as deliberate acts and fraud.

 

  1. Force Majeure

Force Majeure: Except for payment obligations, neither Party shall be held in breach of its obligations hereunder to the extent only that due performance or observance of such obligation is prevented or delayed by any cause beyond reasonable control of such Party (“Force Majeure”), including, but not limited to, war and other hostilities, civil commotion, accident, epidemics and pandemics, trade disputes, strikes or lock-outs, floods, fire, explosion, terror attacks, acts or restraints of government imposition or restrictions of imports or exports or any other cause not within the control of the Party concerned. The Party concerned shall forthwith notify the other Party of the nature and effect of such event and both Parties shall, where the same is practicable, use every reasonable endeavor to minimize such effect and to comply with the respective obligation herein contained as nearly as may be in their original form.

 

  1. Confidentiality
    • The receiving Party agrees to use the Confidential Information only in connection with the Agreement and undertakes that for the duration of the Agreement as well as for five (5) years thereafter, it will keep confidential and will not use for its own purposes nor without the prior written consent of the disclosing Party divulge to any third-party any Confidential Information of the disclosing Party or its activity it has received or obtained in the framework of the Agreement using at least the same degree of care that the receiving Party employs to protect its own Confidential Information, but never less than a reasonable standard. Trade secrets of a Party shall be subject to the confidentiality obligations of this Agreement at all times so long as the trade secrets remain trade secrets under Applicable Law. The disclosure within its enterprise to another Affiliate of the receiving Party or to its contractors, consultants, investors and insurers with a “need to know” for the purpose of implementing the Agreement does not require the prior written consent of the disclosing Party, provided that any of these third-parties is subject to appropriate confidentiality obligations and may not be a competitor of the disclosing Party. The disclosing Party retains all right, title, and interest to its Confidential Information.
    • The provisions of this Clause (“Confidentiality”) shall not apply to any Confidential Information of the disclosing Party that:
  1. a) at the time of disclosure, is generally known to the public through no fault of the receiving Party; or
  2. b) at the time of disclosure, has been made available to the receiving Party by a third-party having the lawful rights to do so without breaching any such obligation of non-use or confidentiality; or
  3. c) is proven by the receiving Party to have been independently developed by the receiving Party without making use of the Confidential Information of the disclosing Party; or
  4. d) the receiving Party is required to disclose in compliance with Applicable Laws, or to comply with governmental regulations. The receiving Party shall provide prior written notice of such disclosure to the disclosing Party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure and affords the disclosing Party as much notice as possible of such disclosure to allow the disclosing Party to do likewise.
  • If the receiving Party violates or threatens to violate its confidential obligations, the disclosing Party shall be entitled to seek injunctive relief without the need to post bond, in addition to any other available legal or equitable remedies.
  • Upon termination of the Agreement, each Party shall promptly return any property and delete any remaining Confidential Information of the other Party, unless otherwise agreed in this Agreement or as required by Applicable Laws. Upon written request of the other Party a written certification of the deletion shall be provided.

 

  1. Data Privacy
    • The Supplier commits to respect the European Regulation EU 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) as well as the national applicable data privacy laws.
    • For the purpose of this Agreement, Supplier and its Affiliates may use and store personal data of the User such as name, business telephone, address, and email (“Business Contact Information”) that the User has provided to the Supplier when entering in this Agreement.
    • The User acknowledge that the Supplier or its Affiliates shall be considered to be a controller of the Business Contact Information that the User shares with the Supplier for accessing the Services.
    • Supplier may use such Business Contact Information to contact the User for sales and marketing activities and newsletters regarding Supplier’s products and services from time to time or in connection with this Agreement. User may at any time revoke this consent and unsubscribe from the respective email sent by Supplier to the User us the following email: aliscx@adbsafegate.atlassian.net .
    • The User agree to be aware that Supplier’s services are available globally and that by accessing and using the Services User’s Business Information may be transferred to any country in which Supplier does business, operates and/or exists. If User has any concerns about this, the User should not agree to these Agreement nor should use the Services.
    • In additional to the foregoing, Supplier’s privacy as provided at Supplier’s Website https://alis.adbsg.com/privacy and https://adbsafegate.com/media/9564/privacy-notice-website-adb-safegate-2018.pdf applies to this Agreement.

 

  1. Commencement and Term
    • This Agreement shall commence on the date when the Subscription by the User takes place and, shall continue to be in effect for the Term of the Subscription as ordered by the User on Supplier’s website.
    • At the end of a Term, this Agreement will be tacitly renewed for the same period of the applicable Subscription period, unless one of the Parties terminates the Agreement in accordance with the clause titled “TERMINATION”.
    • The default term of a Subscription is one year, unless explicitly state otherwise by Supplier on its website where the purchase takes place.

 

  1. Termination
    • At any time, either Party may terminate this Agreement at the end of each Term by giving a prior written one (1) month notice to the other Party.
    • Supplier may terminate this Agreement or restrict and suspend the Services at any time by providing a written notice to the User.
    • Without prejudice to any other rights to which it may be entitled, either Party may give notice in writing to the other Party terminating this Agreement for cause with immediate effect and without court authorization:
  1. a) if the other Party commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within fifteen (15) calendar days of that Party being notified in writing of the breach;
  2. b) if an order is made or a resolution is passed for the winding up of the other Party or if an order is made for the appointment of an administrator to manage the affairs, business and property of the other Party or if a receiver is appointed of any of the other Party’s assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or which entitle the Court to make a winding-up order or if the other Party takes or suffers any similar or analogous action in consequence of debt;
  • In case of termination of the Agreement by Supplier due to a breach of the Agreement by the User, all unpaid Fees shall become immediately collectible, and the Supplier shall be entitled, in addition to any other remedies available to it, to take all necessary steps to collect such amounts, together with all costs, indemnities, compensations, damages, fees and expenses incurred by the Supplier.
  • In case of a termination, all rights granted to the User under the Agreement shall forthwith terminate and immediately revert to the Supplier. All use of the Services shall be discontinued.
  • Termination of the Agreement for any reason will not affect accrued rights, indemnities, existing and due commitments prior termination until their fulfilment or any contractual provision that by their nature are intended to survive termination. Any Party hereto shall not be released from any obligation which, at the time of such termination, has already become due to the other Party and termination shall not preclude either Party from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of the Agreement.

 

  1. TRIAL SUBSCRIPTION
    • The Services can be activated on a free of charge basis through a trial or beta test Subscription (hereinafter referred to as an “Trial Subscription”). A Trial Subscriptions will expire on a certain date as noted when the User activates the Trial Subscription. (the “Expiration Date”). If such an Expiration Date is not explicitly mentioned, then the Trial Subscription is activated for as long it has not been terminated by either Party in accordance with the Agreement. If the User activates a Trial Subscription, then notwithstanding anything in this General Terms and Conditions: (i) the User may use the Trial Subscription, as applicable, until the Expiration Date without any renewal only to evaluate the suitability of the Services within the scope of the License; (ii) the Clause (“Warranty”) and (“Limitation of Liability”) is not applicable; (iii) Supplier will have no duty or obligation to provide User with any support services described by Clause (“Support Services”; (iv) and the terms under this Clause (“TRIAL SUBSCRIPTION”) shall apply during and after the Expiration Date and will prevail in case of conflicts with any other terms of this Agreement.

 

  • IN CASE OF A TRIAL SUBSCRIPTION, THE SERVICES ARE PROVIDED TO USER “AS IS” AND SUPPLIER HEREBY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND SATISFACTORY QUALITY, ACCURACY, OR ERROR-FREE OPERATION.

 

THE ENTIRE RISK AS TO DOWNLOAD AND USE OF THE SOFTWARE IS BORNE BY THE USER. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE.

 

IN NO EVENT SHALL THE SUPPLIER OR THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICES OR THE USE OR OTHER DEALINGS IN THE SERVICES AND THIS AGREEMENT.

 

Supplier will not have any liability to USER for any harm or damage arising out of or in connection with any free access to the SERVICES. Supplier shall not be liable to the USER or to any Third Party, whether in contract, in tort (including negligence), under a warranty or indemnity, under statute or otherwise, under or in connection with the Agreement for any direct and indirect, punitive, incidental, EXEMPLARY or consequential damages OR HARM OF ANY KIND, WHATSOEVER, including but not limited to, lost revenue, lost profit, interruption of use or business, lost or corrupted data, ANY LOSS OF GOODWILL OR REPUTATION; costs of procurement for substitution of products or services, third-party software and claims, provided information, wasted management time, loss of use of computer systems and related equipment, computer failure and malfunctions, downtime costs, however caused, arising out of the Agreement or the termination thereof even if a) the Supplier has been advised of the possibility of such damages; or b) the damages were foreseeable.

 

USER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IN RELATION TO THE SERVICES IS TO CEASE USING THE SERVICES.

 

The provisions of this SECTION shall not apply to the extent restricted or prevented by mandatory Applicable Law that cannot be amended or excluded by contractual waiver, such as deliberate acts and fraud.

 

  • Additionally, in case of a Trial Subscription, either Party may terminate the Trial Subscription for any reason or no reason whatsoever by providing notice to other Party.

 

  1. Disputes

 

  • Dispute Resolution

At all times, Parties shall endeavor in good faith to resolve any dispute and matter arising out of this Agreement by amicable solutions and good faith negotiations. For such purpose, either Party may upon prior written notice within reasonable time request an extraordinary meeting of Parties’ relevant management team members, in order to discuss an amicable resolution.

 

  • Applicable Law and Jurisdiction

The Agreement is governed by and must be construed, interpreted in accordance with the laws of Belgium without given effect to the conflict of law principles thereof. The courts of Brussels have exclusive jurisdiction over any dispute, legal action and proceedings arising out of or related to the Agreement, including its termination, which shall be binding and enforceable upon the Parties worldwide.

United Nations Convention on the International Sale of Goods, and choice of law rules of any jurisdiction will not apply to this Agreement.

In the event of any proceeding or litigation arising out of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its legal fees, court fees and related costs to the extent and in ratio of its success. Notwithstanding the foregoing, Supplier may bring legal actions against the User in the country of incorporation, if it deems necessary for the enforceability of the payments by the User under the Agreement.

 

  1. Miscellaneous

 

  • The Software, by default, automatically collects and sends to Supplier (a) general usage and statistical information, such as actions and durations of those actions; and (b) bug reports when the Solution experiences a crash. Such information does not contain personal data. This information may be used by Supplier to deliver and improve its Services, manage User’s account, provide customer support, perform research and analysis about the usage of Services, enforce the Agreement and perform functions otherwise described to User at the time of collection. The Supplier solely and exclusively owns all right, title, and interest in and to such information and bug reports. For statistics and invoicing purposes,
  • Purchase Order. Parties may use a purchase order for the purpose of entering into a specific business transaction with commercial terms as agreed by Parties, in the format as provided by Supplier, either via document, email, the internet or in any other way and format the Parties may agree. The Supplier shall review the purchase order submitted and duly signed by the User within due time for acceptance. Supplier may accept such purchase order through a documented and authorized confirmation without the need of signing it. Without such confirmation, the purchase order is considered to be void, unless otherwise agreed by the Parties. Each purchase order shall be deemed to be a separate agreement between the Parties incorporating these General Terms and Conditions. Any other conflicting terms and conditions on such purchase order, not explicitly signed by the Parties, shall be void.
  • Either Party is responsible for all activities conducted and compliance by its personnel, employees, agents, subcontractors and Affiliates that they may engage for the performance of its obligations under the Agreement.
  • Independent Contractors: Both Parties are independent contractors under the Agreement. Consequently, nothing in the Agreement is intended or may be construed so as to establish a partnership, employment or joint venture between the Parties and neither Party shall have the authority (actual or apparent) to bind the other Party.
  • No Implied Rights. Other than expressly provided for in the Agreement, nothing in the Agreement grants or shall be construed to grant to any Party any further or implied right or license to any Intellectual Property Right or application therefore which are held by or in the name of the other Party or which are controlled by the other Party, or to any Confidential Information received from the other Party.
  • Indemnification User agrees to release, defend, at Supplier’s option, indemnify, and hold Supplier and its affiliates and subsidiaries, and their officers, directors, employees, contractors and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) User’s breach of these Agreement (ii) User’s negligent or improper use or misuse of the Software, (iii) User’s breach of any laws, regulations or third party rights; or (iv) User’s breach of any Payment Service related terms and conditions; or (v) User’s negligence, misconduct or intentional omission in connection with or during the course of User’s use of the Services or Payments Service.
  • Unless otherwise agreed by the Parties in the Agreement and solely to identify each other’s business relationship, each Party hereby grants the right to the other Party to refer to the Party’s name, trademarks and logo in the form in accordance with the Party’s trademark guidelines and instruction of the other Party’s webpage, in marketing and publicity materials. Any other use requires a prior written approval, which shall not unreasonably be withheld.
  • All notices or other communication required or permitted to be given in writing under the Agreement must be given in the English language by email (confirmed by registered mail or express courier service), to the addresses listed in the Agreement or such other addresses as the Parties may have designated to each other by notice given in accordance with the Agreement. Other notices may be given by electronic mail to the other Party’s e-mail address on record with the sending Party. All notices shall be deemed to have been given three days after mailing or posting (if sent by first class mail), upon delivery in the case of registered post, or 12 hours after sending by confirmed facsimile or sent e-mail.
  • This Agreement and any right or obligation thereunder is binding upon and inure for the benefit of the successors of the Parties but may not be assigned or otherwise transferred in whole or in part to a third person without the prior written consent of the other Party, which shall not unreasonably be withheld. Such prior consent is not required for the assignment to an Affiliate or investors by way of a performance security or in case of a merger or acquisition by a third party who is not a direct competitor from the same industry of the non-assigning Party. Payment of receivables under the Agreement may be assigned for the purpose of debt collection or factoring without prior consent but require a written notification to the other Party.
  • Waivers. No failure or delay by any Party in exercising any right or remedy provided by law or pursuant to the Agreement will impair such right or remedy or be construed as a waiver of it and will not preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any further exercise of it or the exercise of any other remedy.
  • If any provision of the Agreement or of any of the documents contemplated in it is held to be invalid or unenforceable, then such provision will (so far as it is invalid or unenforceable) have no effect and will be deemed not to be included in the Agreement or the relevant document, but without invalidating any of the remaining provisions of the Agreement or that document. The Parties must then use all reasonable endeavors to replace the invalid or unenforceable provision by a valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
  • Any reproduction of this Agreement made by reliable means, such as photocopy, PDF, or facsimile, is considered to be an original.
  • Third Party Rights. This Agreement is made for the benefit of the Parties and is not intended to benefit any Third Party or be enforceable by any Third Party
  • Entire Agreement. This Agreement together with any purchase order, represents the Parties’ entire understanding relating to the subject matter herein, and supersedes any prior or contemporaneous, conflicting or additional, communications.
  • Customer Contract. Nothing in this Agreement shall invalidate the terms of the Customer Contract which shall have full force and effect. However, this Agreement shall prevail in the event of a conflict with the Customer Contract in terms of the specific subject matter of this Agreement.
  • Supplier may update these General Terms and Conditions from time to time without any notice to the User. The Supplier is constantly innovating and refining the Services. User agrees that the version, form, nature and content of the Services which Supplier provides may change and/or evolve from time to time without prior notice to the User.
  • Contact Information

 

Belgium

ADB SAFEGATE BV
Leuvensesteenweg 585
B-1930 Zaventem
Belgie

 

 

 

 

 

 

Privacy and Security Policy

Updated 27th of April 2022

A. Privacy Policy

As the provider of the website IATA.adbsg-alis.com (hereinafter “ Supplier’s Website”), software, hardware and services (hereafter ”Services”) we at ADB Safegate (hereinafter “Supplier”) are Controller as defined in applicable data protection law, more specifically the General Data Protection Regulation (EU) 2016/679 (hereinafter “GDPR”), and are therefore responsible for the Personal Data of the Supplier’s Website user. As a user of Supplier’s Website and Services you consent to the Supplier use of your Personal Data and Customer Data under this privacy policy and you acknowledge, accept and consent that the Supplier uses your Personal Data and Customer Data as necessary for the Supplier to provide the Services to you. Your privacy is important to the Supplier and the Supplier is committed to protecting your privacy. This privacy policy explains how the Supplier collects and uses Personal Data, what Personal Data the Supplier uses and for what purposes such data is used.

Personal Data means personal information about you as defined in the GDPR.

Customer Data means all information provided by you to the Supplier which is not Personal Data.

  1. Date Controller vs. Data Processor?

Per default, the Supplier is considered to be a “Data Controller” in accordance with the GDPR. The Supplier is not a “Data Processor” as its Services do not involve activities which make the Supplier “processing Personal Data on behalf of you” as defined in the GDPR. In case that you or the Supplier become a Data Processor, we may enter into a separate data processing agreement. The Supplier shall ensure that (a) in its role as Data Controller, it only uses the Personal Data and Customer Data for the purpose of providing its Services and in accordance with the GDPR; (b) its personnel and subcontractors that are involved for the fulfilment of the Services have committed themselves to confidentiality and comply with the GDPR, (c) it takes appropriate technical and organizational measures, insofar as this is possible and required for the fulfilment of the GDPR, (d) upon reasonable request, it makes available to the other Party all information necessary to demonstrate compliance with the obligations under GDPR.

  1. What Personal Data and other Customer Data does the Supplier collect?

Website visit – Customer Data only: When you access Supplier’s Website, the Supplier collects Customer Data information that includes the type and version of browser that you are using, the browser language, the operating system and platform, the date and time of access, the time zone setting, your access status/http status code and the data volume  transferred, cookies, how you used Supplier’s Website, the registrations and actions performed, page response times, download errors, length of visits, page interaction information.

Website forms – Personal Data as provide by you: When using the Supplier’s webforms and the Supplier platform, the Personal Data the Supplier collects may include names, surnames, e-mail addresses, postal addresses, phone numbers, payment details, user specific settings, your preferences in receiving marketing information from us, your communication preferences and other Personal Data provided by you when you sign up for the Services and when you use the Services. The Supplier will only use your Personal Data to the extent necessary to fulfil the Services and for purposes which are compatible with providing the Services, such as directing advertisement regarding the Services to you.

Business contacts: When you engage with the Supplier through emails, negotiations, telephone calls, contractual documents, the Supplier will maintain a copy of your contact details in order to be able to contact you and as such provide the Services as required.

Supplier software products: The Supplier uses Customer Data and Personal Data in accordance with “Product Data Sheets” that can be requested by you from the Supplier. In case, such a Product Data Sheet does not exist, this Privacy and Security Policy shall solely apply.

When using Personal Data, the Supplier complies with all applicable data protection laws and regulations, in particular (but not limited to) GDPR.

  1. Cookies

Supplier also uses cookie files to improve and personalize your use of the Services. When you use the Supplier Services, the Supplier saves cookie files on your computer. Cookies are small text files that, unless you have adjusted your browser setting to refuse cookies, our system will send your device when you visit Supplier’s Website. Cookies collect standard internet log information and visitor behavior information. The cookie files help with the functionality of Supplier’s Website and allow Supplier’s Website to identify your browser and to recognize what preferences you have and what settings you have made. Users of Supplier’ Services and visitors of Supplier’s Website may always choose to accept or decline the Supplier use of cookies. If you block cookies, this may affect your ability to use Supplier’s Website. You can access more information about cookies at www.allaboutcookies.org.

Supplier uses the following Cookies:

●      Functional and Required Cookies. We use necessary cookies which allow visitors to navigate the key features on Supplier’s Website.

●      Analytics and Performance Cookies. We use analytics and performance cookies to collect information about how visitors interact with Supplier’s Website.

●      Session Cookies. We use session cookies to operate our Services.

●      Preference Cookies. We use preference cookies to remember your preferences and various settings.

●      Security Cookies. We use security cookies for security purposes.

 

  1. How do we collect Personal Data and Customer Data?

Supplier may use information from you when you use our Services or register on Supplier’s Website, respond to a survey, fill out a form, use live chat, open a support ticket or enter information on Supplier’s Website and when you provide feedback to us on our site.

Supplier may also use Personal Data and Customer Data you provide directly to the Supplier via Websites, e-mail, EDI, and other interactions such as your registration on Supplier’ systems and platforms as a customer, partner or supplier, your purchase orders, and participation in Supplier events.

  1. How does the Supplier use your Personal Data and Customer Data?

The Supplier only uses Personal Data and Customer Data to the extent necessary to provide the Services and for purposes which are compatible with providing the Services, such as directing periodic emails to you regarding your order and advertisement regarding Services and/or other products offered by the Supplier. Customer Data is only used in order to provide the Services to you.

Unless otherwise provided, the Supplier stores Personal Data and Customer Data collected directly by the Supplier in a secured database within Microsoft Azure Servers preferably of your region/continent. Personal Data and Customer Data is used to contact you and to manage your account. The Supplier may also follow up after you have had contact with the Supplier through live chat, email of phone enquiries.

Supplier may use automated decision making in using your information when providing its Services.

When the Supplier uses Personal Data and Customer Data, the Supplier complies with all applicable data protection laws as well as any laws and regulations applicable to the Services provided to you.

When Personal Data and Customer Data is collected or used directly by the Supplier it will be stored on servers or cloud service platforms within the EU.  Should Personal Data be submitted to or stored by any third party in so called Third Countries, countries outside the EU, then you acknowledge that the Supplier cannot guarantee that the same level of protection can be offered as that provided for by the GDPR.

  1. How long does the Supplier store Personal Data and Customer Data?

Supplier will only store Personal Data and Customer Data for a limited period. The Supplier ensures that Personal Data and Customer Data will be deleted when it is no longer necessary to retain it to provide the Services, or for purposes which are compatible with providing the Services.

Personal Data and Customer Data provided by you to the Supplier is retained for the duration of your subscription of the Services and for a longer period if it is required by applicable laws, for example for any legal, accounting, backup or reporting requirements or similar purposes.  

  1. Direct marketing and the right to opt-out

The Supplier may use your Personal Data to provide information regarding the Supplier Services to you as Supplier’s Website user, including regular electronic newsletters that you can subscribe to. You have the right to object to the use of your Personal Data for direct marketing under applicable data protection laws. If you wish to object to direct marketing, please contact the Supplier by sending an e-mail to  privacy@adbsafegate.com or click or the unsubscribe link provided with the respective communication.

  1. Subject Access Requests

You are entitled to additional information regarding the use of your Personal Data. In case you want to know what Personal Data the Supplier stores about you and how your Personal Data is used, please contact the Supplier by sending an e-mail to privacy@adbsafegate.com (“Subject Access Request”). If you make a Subject Access Request by electronic means, the Supplier will provide information regarding the use of your Personal Data in a commonly used electronic form. The information provided by the Supplier shall include the following:

(1) the purposes of the use;

(2) the categories of Personal Data concerned;

(3) the recipients or categories of recipients to whom your Personal Data has been or will be disclosed, in particular recipients in third countries or international organizations;

(4) where possible, the envisaged period for which your Personal Data will be stored;

(5) whether you are entitled to request rectification or erasure of Personal Data or restriction of Personal Data or to object to the use or to lodge a complaint with a supervisory authority;

(6) where Personal Data is not collected from you, available information as to the source of the Personal Data;

(7) the existence of automated decision-making, including profiling;

(8) where Personal Data is transferred to a third country or to an international organization, information regarding the appropriate safeguards relating to the transfer;

(9) a copy of the Personal Data undergoing usage.

  1. Rights relating to Personal Data

You are entitled to request rectification or erasure of your Personal Data and to object to the use of your Personal Data. You may also request restriction of the use of your Personal Data. The Supplier is required to update or rectify your Personal Data if the Personal Data the Supplier holds on you is inaccurate. The Supplier may also be required to delete your Personal Data, in example if you withdraw your consent to its use or if the Personal Data the Supplier stores about you is incorrect or irrelevant. Deletion may not be required for data that must be retain as required by applicable laws.

Supplier undertakes to respond to requests regarding rectification, erasure or restriction of Personal Data, as well as to objections to the use of Personal Data, in a timely manner. When the Supplier receives a request, which is justified according to applicable data protection laws, the Supplier shall comply with the request and delete or rectify the Personal Data or restrict or cease the use of such data.

You have the right to receive the Personal Data, which has been provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller without hindrance from the controller to which the Personal Data have been provided. You also have the right to lodge a complaint with a supervisory authority.

Requests under this paragraph shall be sent to the Supplier by e-mail to privacy@adbsafegate.com.

  1. User responsibility

As Supplier’s Website and Service user it is important that you are aware of your responsibility for the related risks. You are responsible for protecting and updating your account information to prevent unauthorized access to your account.

You are also responsible to abide by all applicable laws and regulations. Where you process your own Customer and Personal Data you act as the Data Controller, hence you are responsible for compliance with applicable data protection laws. This entails ensuring the rights of the data subjects and in particular to erase your Customer Data and Personal Data when you no longer need it for the purposes specified by you. If you use free text fields, you are responsible for ensuring that free text fields do not generate processing of excessive or irrelevant Personal Data. You are further responsible for your sharing of your Customer Data and Personal Data, for example when providing access to third parties.

 

  1. Is the Supplier using Customer Data and Personal Data with Third Party Tools, Subcontractors and Authorities?

Supplier uses your Personal Data and Customer Data confidentially, unless otherwise agreed with you. The Supplier does not sell or trade your data. The Supplier does not, without your consent, transfer or share it with third parties.

The Supplier may use subcontractors for the purpose of performing its Services to you. The Supplier has subcontractors such as infrastructure providers, content delivery networks, customer service, email delivery, banking operation, credit card networks, website hosting, and consultants including for IT-support and accounting. The Supplier ensures that its subcontractors are liable to keep your Personal Data and Customer Data confidential by signing confidentiality agreements or data privacy agreements with such subcontractors.

In order to be able to provide Services and products to you, the Supplier uses the following third-party programs and tools of subcontractors including, but not limited to, those as listed below. A link is provided to each of the tool´s own privacy statement (“Third Party Tools”).

Jira: https://www.atlassian.com/trust

MS AppCenter : https://docs.microsoft.com/en-us/legal/termsofuse

Outlook (Office 365): https://privacy.microsoft.com/en-gb/privacystatement

Chargebee: https://www.chargebee.com/privacy/

While using such Third-Party Tools be advised that your access and use of such Third Party Tools are governed solely by the terms and conditions of their providers, and that the Supplier is not liable for, and makes no representations as to such other services and products provided by the Third Party Tools, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the Third Party Tools provider(s).

The supplier may further reveal your Personal Data and Customer Data to third parties, including the competent supervisory authority, if it is required by applicable data protection laws or other applicable laws and regulations.

The Supplier ensures that access to your Personal Data and Customer Data is limited to the personnel and subcontractors who require such access to perform the Services and other activities which are compatible with providing the Services subject to confidentiality not less restrictive than defined herein.

B. Security Policy

  1. General

Your privacy is important to the Supplier and the Supplier is committed to protecting your Personal Data and your Customer Data. The Supplier ensures that the Supplier will take all reasonable measures to protect your Personal Data and Customer Data and in particular to prevent unauthorized access to such data.

The Supplier wants to make you aware of the risks which are inherent in data transmissions over the Internet since such transmissions are never completely secure. When you provide your Personal Data and Customer Data to the Supplier over the Internet you are responsible for the risks of unauthorized access and loss of data which the transmission entails.

The Supplier has implemented and maintains a number of technical and organizational security measures to keep your Personal Data and Customer Data safe when stored by the Supplier. Such security measures include encryption, firewalls, antivirus and security monitoring which can reasonably be expected in accordance with applicable market standards.

In the event that the security of Supplier’s Website, Services and the Personal Data and Customer Data be compromised, the Supplier reserves the right to take any appropriate action as set out in the relevant data protection laws, including notifying you and the appropriate regulator of such a breach where required by law.

Supplier’s Website may carry links to other websites that are not affiliated to nor controlled by the the Supplier. Should you access these sites from Supplier’s Website, the Supplier accepts no liability or responsibility over the content, privacy policies, data handling or practices of these sites.

2. What are the security measures and means? 

Agreements:  With its employees, subcontractors and partners who have access to the Customer Data and Personal Data on a “need to know” basis, the Supplier shall put appropriate agreements in place to safeguard applicable confidentiality and data privacy obligations. 

Devices: All devices used by the Supplier’ employees are encrypted and secured by password. As a general company policy, all company devices, including peripherals such as USB drives and hosted services run on encrypted systems. No data is to be copied outside of these systems on third party devices. This policy is enforced and controlled by the Supplier’s operations team.

VPN: All remote access to the Supplier’s systems is secured and protected by Microsoft O365 with MFA. 

Firewall: All servers and software are protected by secured connection and firewalls provided by Microsoft Azure cloud services. 

Office access: the Supplier’s office is only accessible via registered badge and not open to the public. 

Background checks: All employees were hired after having carefully assessed their relevant background and proof of sufficient education. 

Endpoint security: All employee devices are encrypted in accordance with applicable industry standards. The Supplier uses a permission-based authorization, network-based authorization and geographical based authorization. If a user fails to authenticate in any way or uses services outside of the correct networks or devices, or if he is outside of the approved geographical areas, access will be denied.

Network security: All network traffic is separated and segregated based on user access level. Network access rules are enforced by firewalls and are in place to stop users from using services they are not privileged to. Every service has been provided with its own access control systems as a tertiary backup. Any and all traffic to any private service is logged.

Data integrity: All company data that is stored in any way is stored on encrypted media. Regular backups are performed, stored and tested. These backups ensure the integrity of Supplier’s data and the continuity of Supplier’s Services.

Information security: Personnel is made aware of their responsibility of keeping the Supplier’s company data secure. They are made aware of the dangers of data loss or leaks. Use of external storage devices (USB keys, drives, etc.) is not allowed or discouraged at the very least.

C. Changes, Contact and Complaints

  1. Changes to our Privacy and Security Policy

Supplier continues to develop Supplier’s Website and Services. The Supplier keeps its Privacy and Security Policy under regular review and places any updates on this page. This Privacy and Security Policy was last updated: March 2022.

 

  1. Contact

If you have any questions about the Supplier’s Privacy and Security Policy, the data we hold on you, or would like to exercise one of your data protection rights, please do not hesitate to contact the Supplier.

E-mail: privacy@adbsafegate.com

 

  1. Complaints

Should you wish to report a complaint or if you feel that the Supplier has not addressed your data privacy concerns in a satisfactory manner, you may contact the Supplier at privacy@adbsafegate.com.