Privacy Statement

Privacy Statement of Olery

We attach great importance to protecting the privacy of visitors to our Website and of our customers. In our processing of any personal data, we therefore exercise due care and fully comply with the requirements of the Personal Data Protection Act (Wet Bescherming Persoonsgegevens, Wbp). European data protection legislation, such as the Dutch Wbp, is among the strictest and most privacy-friendly in the world.

US citizens may be familiar with the Safe Harbour Framework and private-sector privacy certification services such as the TRUSTe seal; the European privacy rules which we are bound by, provide even stronger privacy protection in that they are not just voluntary and enforced by a commercial company on their clients, but mandated by law and enforced by an official, governmental Data Protection Authority (DPA; college bescherming persoonsgegevens, Cbp).

This privacy statement tells you how we collect, use, and protect your personal information. Definitions of the terms indicated with a capitalized first letter are included in the Terms of Service.

1. Recording and processing data

When using the Website, you provide us with certain information. This may include personal data. Personal data are details that say something about a natural person, i.e. about you as an individual.

During your use of the Website you may provide us with some personal data about you, both actively and passively.

Active data provision refers to instances in which you actively provide information to us on the Website, such as by filling out an order form. Information about the way in which we process personal information actively provided by you, and for what purpose, can be found under item 4 of this policy statement.

Passive data provision involves information that is automatically stored when you visit the Website. Without this privacy policy you might not even have been aware that you are submitting any such data. Passively provided data is processed as aggregate data, meaning the information does not relate to you specifically and as such is not personal information. However, in certain cases it could still be possible to connect certain passively provided data to your person, in which case such data would still qualify as personal data. Information about the way in which passively provided data is processed, and for what purpose, can be found under item 5 of this privacy statement.

2. Provision of information to third parties

We currently do not yet provide any of your personal data to third parties, but in the future the following third party companies or legal entities may receive the following of your personal information through us:

• Our (future) payment service provider – payment details to enable you to pay for the Services;

• The Vrije Universiteit – usage data to improve the software;

We will make sure that these third parties may not use your personal data for any other, unauthorized, purposes. Wherever possible, we will not disclose your information to any other parties than the above-mentioned without your prior consent.

In certain cases however, we may find ourselves obliged or forced to disclose information to third parties.

For example, if you commit any crimes or infringe the rights of others using the Services, you may be held responsible for repercussions resulting from this action, and the person holding you responsible may ask us for your contact details or IP-address. If there are reasonable grounds to decide in the complainant’s favour, we could be legally obliged to provide your contact details to the person who lodged the complaint.

We may also disclose your information to third parties in the event of suspected fraud or misuse of our Website or of non-payment. And if we are required by law to disclose certain personal information to the competent authorities in connection with a criminal investigation, of course we will have to do so.

In any such cases, however, we will give our best efforts to protect your legitimate right to privacy and minimize provision of personal data to what is required of us. To the extent permitted by law, we will notify you whenever we have been obliged to disclose your personal data to any third party.

3. Protecting personal data

We apply strict security procedures to prevent unauthorized access to personal data. We use secure connections (Secure Sockets Layer, or SSL) which protect all data traffic between you and our website.

4. Actively provided data

In order to use the Website interactively, registration is required. During registration, we will ask for the following information:

For the initial registration (trial period)

• First name

• Last name

• Company name

• E-mail address

• Telephone number

For paid Services

• First name

• Last name

• Company name

• E-mail address

• Address/City

• Telephone number

Purposes

We use this information for administrative purposes. It allows us to see with whom we are entering into an Agreement, and to monitor payments. We may also use it to provide information about the Services, or the details required to access or use the Services (such as Login details for your Account).

Account, username and password

After registration, you will receive a username (by email) and a password (login details) which you need to access your Account. Your Account may contain personal information about you. You are responsible for keeping your login details secure. We will assume that the person who logs on with your username and password is authorized to use your Account. If you suspect that unauthorized persons have gained access to your password then you should change your password as a matter of urgency. If this is no longer possible, you must contact us (our contact details are listed below).

Storage time

Insofar as there are no applicable legislative requirements stipulating a different storage time, the actively provided personal data, including the Account, are saved for a period of:

a) one month after termination of the trial period; or

b) two months after termination of an Agreement for paid Services.

In derogation of the above, the email address will be stored for purposes of notification (such as newsletters and related promotional communications) until you instruct us, in accordance with the instructions contained in the notification or on the Website, that you no longer wish to receive such messages.

5. Passively provided data

When visiting the Website, the following details are automatically processed:

• IP address

• Country/Place of origin (based on the IP address)

• Browser type

• Operating system

• Origin of the visit (you have entered the url of the Website, or have accessed the Website via a search engine query or a link from another website.)

Purposes

We use the passively provided data to provide our Services, to optimize these Services in relation to your equipment and to store your configurations and preferences.

Usage of cookies

The above-mentioned information is collected through cookies. A cookie is a simple small file that is sent along with pages from a website and stored on your computer’s hard disk by your browser.

When you have logged on with your username and password, our website will send you a cookie so that it can recognize you for the remainder of the session. This cookie allows us to store and keep track of your personal preferences (such as displaying or disabling help messages). You can refuse to allow cookies to be used, although this may restrict the functionality of the Website and make the Services less user-friendly for you.

Storage time

We store passively provided data no longer than is necessary for the purposes for which they were collected.

6. Third-party websites

This statement does not apply to third parties’ websites that are linked to this website via links. We cannot guarantee that these third parties will handle your personal data in a safe and secure way. We advise you to read these websites’ privacy statements before using their websites.

7. Changes to the policy statement

We retain the right to amend this statement. We recommend that you regularly access this policy statement in order to familiarize yourself with any changes to it.

8. Viewing and amending your personal data

If you have any questions about our privacy policy or about viewing, amending or deleting your personal data, you can contact us via e-mail at: info@olery.com.

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