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PRIVACY POLICY ACTIVE CUES

Version 1.3

Personal data is processed at Active Cues in accordance with national and European legislation and regulations on data protection, privacy and security. Since 25 May 2018, the General Data Protection Regulation (GDPR) has been in force. Active Cues attaches great value to handling your personal data in accordance with the fundamental principles relating to the processing of personal data. We process your personal data in a lawful, fair and transparent manner, correctly and with due care.

 

We are aware that you have faith in us while processing your personal data. Therefore, we see it as our responsibility to protect your privacy. In this privacy policy we want to inform you how we collect and further process your personal data when you visit our website and/or wish to do business with us, why we collect it and how we use it to improve your user experience and our business and marketing activities. So that you can understand exactly how we work. Active Cues respects the privacy of all users of its website, potential clients and other stakeholders we do business with and ensures that the personal data you provided to us is treated confidentially.

This privacy policy applies to the website and marketing activities of Active Cues, as well as the further services that we provide to you or your organization generated through our website. Active Cues is not responsible for the privacy policy of other websites and sources.

By using our website and providing personal data to us, you acknowledge you have read this privacy policy.

1. Definitions

In this Privacy Policy, the terms below have the following meaning in line with and in addition to the General Data Protection Regulation (GDPR):

GDPR: the most important European law protecting Your Personal Data,

meaning regulation (EU) 2016/679 of the European parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) which came into effect on 25 May 2018, and any future versions of this regulation;

Active Cues: Active Cues B.V.

Personal Data: all the information we Process of You, which we could have received from Your legal representative on behalf of You,

meaning any information relating to an identified natural living person or to a natural living person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, ID number, location data, IP address or other online identifier or to one or more other factors specific to the person’s identity. For the sake of clarity, personal data includes personal data that is publicly available and excludes personal data that has been irreversibly anonymized so it is no longer possible to re-identify a data subject from the information, taking into account all means likely and reasonably to be used by the Controller or anyone else to re-identify them;

You: You, as a data subject, meaning that You are the natural person to whom the Personal Data relates that we Process;

Controller: we as Active Cues, being the entity who is responsible for Processing Your Personal Data,meaning a natural or legal person or an organisation which alone or jointly with others determines the purposes for which Personal Data is Processed and the manner in which Personal Data is Processed;

Processor or Third Party: other entities, besides Active Cues, involved in Processing Your Personal Data,meaning a natural or legal person or an organisation that Processes Personal Data on behalf of Active Cues as a Controller, whilst not being part of the legal structure of Active Cues;

Processing: everything we do with Your Personal Data,

meaning any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Supervisory Authority: Your national data protection watchdog,

meaning any competent public body responsible for monitoring and enforcing compliance with applicable (European) privacy law including at least the entities referred to in article 51 GDPR;

EEA: the European Economic Area + Switzerland,

meaning the member states of the European Union, Iceland, Liechtenstein, Norway.

2. Controller of Your Personal Data

Controller of Your Personal Data is:

Active Cues B.V.
Hamburgerstraat 28 A
3512 NS Utrecht
The Netherlands
+44 330 818 1152
info@activecues.com

3. Why we Process Your Personal Data

At Active Cues, we only Process Personal Data as a Controller if one or more of the following legitimate grounds apply:

A. You gave clear consent for the Processing,

meaning that Personal Data can be Processed if You have given freely, specific and informed consent.

Active Cues makes it possible for You to withdraw previously granted consent at any time. Withdrawing such previously granted consent will not affect the lawfulness of the Processing activities immediately prior to the moment the consent was withdrawn.

Processing activities for which Your consent is required include, for example:

  • sending newsletters to You;
  • use of specific (tracking) cookies on Active Cues’ website;
  • Publishing images or video’s of You on our website, other digital channels or print.

B. Processing Your Personal Data because You and we have (or could enter into) a contract,

meaning that the Processing is necessary for carrying out an agreement whereby You are a party or for taking pre-contractual measures requested by You and which are necessary for entering into a possible agreement.

Processing activities we perform based on this Processing ground are, for example:

  • Registration of new business opportunities, including You as a client (representative) or business contact;
  • Processing Your purchase order(s), also when You act as a representative of an organization and execution of the (sales) agreements, the use of Active Cues’ services and invoicing;
  • Product delivery to You or the company that You represent or act as our (technical) contact person, installation and maintenance of our services. This includes sending notifications and guidance by e-mail on how to install new (software) releases on our products;
  • Arrange appointments with You as client (representative) or other business contact and offer product demos;
  • Processing Your repair requests that are covered under the warranty conditions of our products;
  • Processing Your requests for more information about Active Cues’ services and product portfolio.

C. Processing Your Personal Data is mandatory according to applicable law,

meaning that the Processing is necessary in order to comply with a legal obligation to which Active Cues is subject.

Processing activities we perform based on this Processing ground are, for example:

  • transferring Personal Data to governmental bodies, such as the police, inspection- or tax authorities;
  • bookkeeping (tax) laws and regulations applicable to legal entities, as well as (internal) auditing.

D. Processing Your Personal Data in the pursuance of a legitimate interest,

meaning that the Processing is necessary for legitimate interests pursued by Active Cues or by a third party, except where such interests are overridden by Your interests or fundamental rights and freedoms which require protection of Personal Data.

Processing activities we perform based on this Processing ground are, for example:

  • Inform You (in Your role as our current customer) by e-mail with updates on our services and product portfolio and the end date of the services contract You have with us;
  • general customer relationship management, communication and information provision, such as answering Your questions or requests;
  • preventing and investigating fraud and/or (suspected) legal offences;
  • other regular business activities of Active Cues, such as Processing Your orders and performing our services.

4. In general: Processing Your Personal Data and purposes

Active Cues collects and Processes Personal Data from its (business) relations and visitors to its website to improve our business operations, to draw attention to services and to make offers available that may be of interest to You. When You use Active Cues’ website, You may provide certain Personal Data on Your own initiative. Active Cues may also request that You provide Personal Data.

The Personal Data You provide will be Processed, among other things, to communicate with You about orders and to inform You about (new) services (unless You have indicated that You do not wish to receive offers of products and / or services). When You visit the website, so-called cookies are placed on the device with which You visit the website. You can find more information about this in clause 5 of this Privacy Policy. Below we explain on a consolidated level the most important purposes for which we Process Your Personal Data.

List of purposes for which we use Your Personal Data:

  • to administer and manage the website;
  • to sort and analyze website user data on an aggregated level to improve the quality and effectiveness of our websites;
  • to offer product demonstrations, provide demo-sessions on new product releases and promotions;
  • Processing orders, service requests, execution of sales agreements and/or invoicing;
  • Product delivery, installation, maintenance and repair requests;
  • If we obtained Your consent, sending You newsletters;
  • Inform You (in your role as our current customer) You by e-mail with updates on our services and product portfolio and the end date of the services contract You have with us;
  • Sending notifications and guidance by e-mail on how to install new (software) releases on our products to You, the company that You represent or in Your role as our (technical) contact person;
  • to develop our business, services and marketing activities;
  • to understand how You and other people use the features and functions of our website in order to improve Your user experience;
  • general customer relationship management, communication and information provision, such as answering Your questions or requests You submitted through our contact form;
  • any other purposes for which You provided Personal Data to Active Cues, in which case information concerning the collection and use of Your Personal Data may be made available to You when You provide Personal Data for these specific purposes.

5. Purposes - cookies

Active Cues hands out cookies when You visit our website. A cookie is a small text file that is placed on Your computer or other device that is used for visiting Active Cues websites. Information is stored in this text file and can be reopened during Your next website visit.

Like most websites, we also use JavaScript. This is basically a program that runs on the device You use to visit our websites. Google Analytics, which is explained in article 6 of this Privacy Policy, is based on this piece of technology.

Cookies and JavaScript help us understand how You use our website, to analyze internet traffic (such as visitor numbers and visitors per day) and how we can improve the website and make it more user-friendly. We use this information to prepare reports on website activity on an aggregated level and to offer other services related to website activity and internet use. The information generated by cookies about Your use of the website can be transferred to secure servers of Active Cues or those of a Third Party, like Google.

For some cookies and/or JavaScripts we use on our websites, it is legally not permitted to place them without Your consent. For others, we request Your consent before we place them on Your device. Below we provide You with more information on this matter.

Cookies for which Your consent is not required

Functional cookies are used simply because they are necessary to ensure that the websites are working properly. These are used, for example, to display the web pages as optimally as possible, taking into account, among other things, the resolution settings of Your screen and web browser version. Asking Your consent for functional cookies is not legally required.

Analytical cookies are necessary to ensure that we are able to sort and analyze website user data on an aggregated level, meaning that we Process Your Personal Data in this context anonymously. Asking Your consent to place analytical cookies is not required because we believe this has a small impact on Your privacy, since we Process the information on an aggregated level and we are merely using this to obtain information about the quality and effectiveness of our websites.

Functional and analytical cookies will be placed immediately once You visit our websites.

Cookies for which Your consent is required

In order to be able to easily share our website content with others by using designated buttons, we use social media cookies from Facebook, Twitter and LinkedIn, so that these parties are able to recognize You and help You to share, for example an article, post or video. These social media Third Parties can use the data that they obtain through these cookies to build profiles of You. For more information about those cookies from these Third Parties, we refer to their privacy statements on their websites. Asking Your consent for social media cookies is required.

We also use a Facebook tracking pixel. A tracking pixel is a piece of computer code, which is loaded every time You visit our website in the form of an image not larger than a pixel on Your screen. With this tracking pixel we may determine what and how relevant content is delivered to You. Active Cues can also use this to track Your activities on its websites and to offer You personalized products or services by reaching out to You on Facebook. Asking Your consent for tracking cookies is required.

Most web browsers are set by default to accept cookies, but You can reset Your browser to refuse all cookies or to indicate when a cookie is being sent. However, it is possible that some functions and services, on our and on other websites, will not function properly if cookies are disabled in Your web browser.

6. Google Analytics

We use Google Analytics on our website. This is a piece of software we use to collect statistics on visitor numbers, visited web pages and traffic sources and to run reports. The purpose of this is to improve the website for users and to give us insight into how our website is performing.

These statistics cannot be traced back to You as an individual person by Active Cues. Moreover, Your surfing behavior is not monitored by us or Processed in any other way. The information that You enter and upload via our website, for example in our contact form, is never Processed in Google Analytics. When You visit the website, Your web browser automatically shares Your IP address and the URL of the webpage You visit with Google. With regard to this Processing of Personal Data, Google is the controller within the meaning of article 4 (7) GDPR. Active Cues has no role whatsoever in these Processing activities.

Information regarding the Processing activities performed by Google can be found here.

7.Where we Process Your Personal Data

We only Process Your Personal Data on our own server computers, which are all located within the EEA, or those of Third Parties.

Where we collect Your personal information within the EEA, transfer outside the EEA will only take place:

  • if the recipient of Your Personal Data is located in a country (or a specified sector within a country – e.g. an organisation under the EU-U.S. Privacy Shield) which is recognized by the European Commission with an adequate level of protection for Personal Data;
  • under standard data protection clauses adopted by the European Commission or other safeguards meeting the requirements of the GDPR for transfers of Personal Data outside the EEA, or;
  • any other lawful ground for the transfer of Your Personal Data.

8. How we protect Your Personal Data

We have implemented generally accepted standards of technology and operational security in order to protect Your Personal Data from loss, misuse, alteration or destruction. Active Cues will ensure that only authorised personnel has access to the Personal Data necessary for carrying out their duties. Personnel with access to Personal Data is bound to maintain full confidentiality with regards to Your Personal Data and to Process it strictly in accordance with Active Cues’ instructions, or to comply with a requirement of law.

The connection You have with Active Cues’ websites is encrypted and authenticated using TLS 1.2, ECDHE_RSA with X25519, and AES_256_GCM technologies. This will make sure the communication through our website is secured, preventing unauthorized others to intercept the Personal Data and other information You provide to us.

Although we use appropriate security measures, the transmission of data over the internet (including by e-mail) is never completely secure. We endeavor to protect Personal Data properly, but we cannot guarantee full security of data transmitted to or by us.

9. Processors or Third Parties

Processors

  • Software for gaining insights and analyzing website usage.
  • Agency and software (Content Management Systems) for web development.
  • Hosting and storage of our company files.
  • Email marketing tooling for sending mailings and our newsletter

Recipients

  • Payment services
  • External business partners, including resellers and/or distributors in various European countries
  • Social media platforms like Facebook, LinkedIn and Twitter

Our websites may link to Third Party websites not controlled by Active Cues and which do not operate under Active Cues’ data protection practices. When You visit those Third Party websites, Active Cues’ privacy practices and policies no longer apply. We encourage You to review each Third Party website's privacy policy before disclosing any Personal Data.

Personal Data that You provide in webforms on our website, may be shared with our business partners, including our reseller and/or distributors in Your country for the pursuance of the purposes listed in clause 4 of this Privacy Policy.

We may also disclose Your Personal Data to law enforcement, regulatory and other government agencies and to professional bodies and other third parties, as required by and/or in accordance with applicable laws or regulations. This includes disclosures outside the country where You are located. Active Cues may also review and use Your Personal Data to determine whether disclosure is required or permitted.

10. Your data protection rights

If You wish to exercise Your data protection rights under GDPR, Active Cues will respond by taking any action required by law, unless Your request is obviously unfounded or excessive. You can send Your request to exercise Your data protection rights to: info@activecues.com.

Active Cues will respond to this in writing within one month of receipt of Your request. Depending on the complexity and the number of requests, Active Cues is entitled to extent this period by two additional months. You shall be informed by Active Cues of any such extension within one month of receipt of the request, together with the reasons for the delay. Active Cues only Processes Your request to exercise Your rights under this clause after we have had the opportunity to identify You properly.

Active Cues can reject a request to exercise Your data protection rights if:

  • Your request is not clearly specified;
  • Your identity cannot be established with reasonable certainty;
  • the data Processing is allowed in connection with a fraud and/or criminal investigation, a legal obligation or a legal action;
  • the request follows a previous request within an unreasonable interval or if the request constitutes a misuse of Your rights. An interval of 6 months or less will, in general, be considered as an unreasonable interval.

A (partial) rejection of Your request will be explained to You in writing.

A. Request to access Your Personal Data

You are entitled to request Active Cues for a copy of Your Personal Data Processed by or on behalf of Active Cues. Insofar as this is reasonably possible, this copy shall contain the following information:

  • a summary of the details of Your Personal Data Processed by Active Cues;
  • a description of the purpose or the aims of the Processing;
  • the categories of Personal Data to which the Processing relates;
  • any Third Parties who have received the Personal Data;
  • if available, information regarding the origin of the Personal Data;
  • the envisaged period for which the Personal Data will be stored, or the criteria used to determine that period;
  • Your rights regarding rectification, erasure, restriction and objection to the Personal Data being Processed;
  • The right to lodge a complaint with a Supervisory Authority.

B. Request for rectification and/or erasure

If Personal Data Processed by Active Cues is inaccurate, incomplete, no longer necessary for the purposes they were collected for, Processed contrary to applicable legislation and regulations, or if consent as mentioned in clause 3 (A) is withdrawn and there is no other legal ground for the Processing, You will be entitled to have this Personal Data rectified, completed or erased by Active Cues.

In the event of an erasure of the Personal Data, Active Cues shall take reasonable steps to inform Third Parties, to whom we provided Your Personal Data, of Your request for erasure.

C. Request for restriction

You have the right to request the restriction of the Processing of Your Personal Data if:

  • You contest the correctness of Your Personal Data;
  • the Processing is unlawful and You oppose against erasure of Your Personal Data and instead request restriction of the Processing;
  • Active Cues no longer needs Your Personal Data for the purposes of the Processing, but they are required by You for the establishment, exercise or defense of legal claims; or
  • You objected to the Processing pursuant to this clause pending the verification whether the legitimate interests of Active Cues as mentioned in clause 3 (D) override Your (data protection) interests.

D. Right to object against the Processing

In addition, You are entitled to object to the Processing of Your Personal Data if the respective Processing is based on the legitimate interests ground as mentioned in clause 3 (D). This right applies in particular to our direct marketing activities. Active Cues will discontinue the Processing of Your Personal Data if You have personal reasons plausible to this end, unless the Processing is necessary for the performance of one of the legitimate grounds as meant in clause 3 (D).

This request shall be rejected if Active Cues can demonstrate compelling legitimate grounds for the Processing which override the interests, rights and freedoms of You or for the establishment, exercise or defense of legal claims.

E. Right to portability of Your Personal Data

You can request Active Cues to provide Your Personal Data in a structured, commonly used and machine-readable form to You or, if technically possible, to transfer the Personal Data in an electronic form directly to a third party appointed by You. Such a request will be honored by Active Cues provided that:

  • consent or the performance of an agreement as mentioned in clauses 3 (A) and 3 (B) is the applicable ground for the Processing to take place;
  • the Processing of Your Personal Data by Active Cues is computerized, and;
  • Your right to transfer Your Personal Data does not affect the rights and liberties of others.

11. Unsubscribe from newsletter or change preferences

Do not like our newsletter? At the bottom of every newsletter, You will find the option to adjust Your preferences or to unsubscribe completely.

12. Retention of Your Personal Data

We will retain Your Personal Data on our systems only for as long as we need it, given the purposes for which it was collected, or as required to do so by law. For example, we are obliged to store financial data, such as invoices for at least 7 years, due to tax laws and regulation.

We retain contact information (such as mailing list information) until You unsubscribe from our newsletters or if we endorse Your request to delete that information in accordance with Clause 10 (B) of this Privacy Policy. If You choose to unsubscribe from a mailing list, we may keep certain limited information about You so that we may honor Your request.

13. Questions, feedback and complaints

We regularly check whether we comply with this Privacy Policy and update it if new laws and regulations make this necessary or if changes occur in our business operations. If You have any questions about this Privacy Policy, please feel free to contact us via info@activecues.com.

In addition, You have the right to lodge a complaint with a Supervisory Authority if You believe Your data protection rights are compromised by Active Cues.

For Your convenience, we have listed the name and website information of these Supervisory Authorities from the countries in which we mainly operate below:

Netherlands
Autoriteit Persoonsgegevens
www.autoriteitpersoonsgegevens.nl

Belgium
L'Autorité de protection des données / de Gegevensbeschermingsautoriteit
www.autoriteprotectiondonnees.be/ or www.gegevensbeschermingsautoriteit.be/

Germany
Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit
www.bfdi.bund.de

Denmark
Datatilsynet Denmark
www.datatilsynet.dk

Norway
Datatilsynet Norway
www.datatilsynet.no

Sweden
Datainspektionen
www.datainspektionen.se

United Kingdom
The Information Commissioner’s Office
https://ico.org.uk

France
Commission Nationale de l'Informatique et des Libertés – CNIL
www.cnil.fr

Ireland
Data Protection Commission
www.dataprotection.ie

Luxembourg
Comission nationale pour la protection des données / Nationale Komission für den Datenschutz
www.cnpd.public.lu

Australia
Office of the Australian Information Commissioner
www.oaic.gov.au

Is Your country not listed above? Please refer to this page of the European Data Protection Board to find Your local data protection authority. Do you live in a country where GDPR does not apply directly? Please reach out to your local data protection authority for more information on how to address privacy complaints.

14. Version and future amendments

This Privacy Policy was last modified on June 6th 2020. We may update this Privacy Policy at any time by publishing an updated version on this web page. The amended Privacy Policy will apply from that revision date. Therefore, we encourage You to review this Privacy Policy periodically to be informed about how we are protecting Your Personal Data.